HomeMy WebLinkAbout20230787.tiffRESOLUTION
RE: APPROVE AMENDMENT #1 TO CONTRACT FOR JAIL BASED BEHAVIORAL
HEALTH SERVICES AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with Amendment #1 to the Contract for Jail
Based Behavioral Health Services between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Sheriff's Office,
and the Colorado Department of Human Services, Behavioral Health Administration, commencing
July 1, 2022, and ending June 30, 2023, with further terms and conditions being as stated in said
amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment #1 to the Contract for Jail Based Behavioral Health
Services between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Sheriff's Office, and the Colorado Department
of Human Services, Behavioral Health Administration, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of March, A.D., 2023, nunc pro tunc July 1, 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditA0) jei.; (A.
Weld County Clerk to the Board
County A orney
Date of signature: 03/22/23
cC: SO(sWOO
oy/io/23
2023-0787
SO0044
DocuSign Envelope ID: 24155BB3-7C71-4A75-8715-40091C355E7A
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CONTRACT AMENDMENT #1
SIGNATURE AND COVER PAGE
State Agency
Colorado Department of Human Services
Behavioral Health Administration
Original Contract Number
23 IBEH 174482
Contractor
Weld County Colorado for the use and benefit of Weld County
Sheriffs Department
Amendment Contract Number
23 IBEH 179400
Current Contract Maximum Amount
Initial Term
State Fiscal Year 2023 $354,979.00
Extension Terms
None
Total for All State Fiscal Years $354,979.00
Contract Performance Beginning Date
July 1, 2022
Current Contract Expiration Date
June 30, 2023
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment
and to bind the Party authorizintt his or her signature.
CONTRACTOR
Weld County Colorado for the use and benefit of
Weld County Sheriffs Department
STATE OF COLORADO
Jared Polis, Governor
Colorado Department of Human Services
Michelle Barnes, Executive Director
Coowsgnea by:
r, kat&
By: Mike Freeman, Chair, Board of County
Commissioners
Date: MAR 2 0 2023:
By: Dr. Morgan��' c Commissioner, Behavioral Health
Administration
4/4/2023
Date
In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert darns, CPA, MBA, JD
e-oowsign.d by:
By:
"`$'race ruao 1"Ton i spn
Amendment Effective Date:
Arnendmenl Contract Number: 23 IBEH 179400 Page 1 of 3 Rev. 1/14/'
03/20
2023-0787
SOa
1. PARTIES
This Amendment (the "Amendment") to the Original Contract shown on the Signature and Cover
Page for this Amendment (the "Contract") is entered into by and between the Contractor, and the
State.
2. TERMINOLOGY
Except as specifically modified by this Amendment, all terms used in this Amendment that are
defined in the Contract shall be construed and interpreted in accordance with the Contract.
3. AMENDMENT EFFECTIVE DATE AND TERM
A. Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment Effective Date
shown on the Signature and Cover Page for this Amendment. The State shall not be bound
by any provision of this Amendment before that Amendment Effective Date, and shall have
no obligation to pay Contractor for any Work performed or expense incurred under this
Amendment either before or after of the Amendment term shown in §3.B of this Amendment.
B. Amendment Term
The Parties' respective performances under this Amendment and the changes to the Contract
contained herein shall commence on the Amendment Effective Date shown on the Signature
and Cover Page for this Amendment and shall terminate on the termination of the Contract.
4. PURPOSE
In accordance with the provisions of this Contract and its exhibits and attachments, the
Contractor shall provide substance abuse and mental health treatment in the Weld
County jail.
The purpose of this amendment is to replace the Exhibit A, Statement of Work, the
Exhibit B, Budget and the Exhibit C, Miscellaneous Provisions. Also, add Exhibit E,
Supplemental Provisions for Federal Awards and Exhibit F, SLFRF, Subrecipient
Provisions Exhibit — CDHS. This amendment increases the FY23 Budget by $70,000
resulting in a new FY23 Budget of $354,979.00.
5. MODIFICATIONS
The Contract and all prior amendments thereto, if any, are modified as follows:
A. 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 on the
Signature and Cover Page for this Amendment.
B. REPLACE Exhibit A, Statement of Work with Exhibit A-1, Statement of Work, attached and incorporated by
reference.
C. REPLACE Exhibit B, Budget with Exhibit B -1, Budget, attached and incorporated by
reference.
Amendment Contract Number: 23 IBEH 179400 Page 2 of 3 Rev. 1/14/19
D. REPLACE Exhibit C, Miscellaneous Provisions with Exhibit C-1, Miscellaneous Provisions,
attached and incorporated by reference.
E. ADD Exhibit E, Supplemental Provisions for Federal Awards, attached and incorporated by
reference.
F. ADD Exhibit F, SLFRF, Subrecipient Provisions Exhibit — CDHS, attached and incorporated
by reference.
6. LIMITS OF EFFECT AND ORDER OF PRECEDENCE
This Amendment is incorporated by reference into the Contract, and the Contract and all prior
amendments or other modifications to the Contract, if any, remain in full force and effect except
as specifically modified in this Amendment. Except for the Special Provisions contained in the
Contract, in the event of any conflict, inconsistency, variance, or contradiction between the
provisions of this Amendment and any of the provisions of the Contract or any prior modification
to the Contract, the provisions of this Amendment shall in all respects supersede, govern, and
control. The provisions of this Amendment shall only supersede, govern, and control over the
Special Provisions contained in the Contract to the extent that this Amendment specifically
modifies those Special Provisions.
Amendment Contract Number: 23 IBEH 179400 Page 2 of 3 Rev. 1/14/19
Exhibit A-1
Exhibit A-1 - Statement of Work
Jail Based Behavioral Health Services
Definitions and Acronyms
Definitions and Acronyms. The following list of terms shall be applied to this contract and
Statement of Work, based on the services that are provided at each respective jails:
"Behavioral Health Administration" means the facilities that are contracted with BHA to
provide inpatient restoration services to individuals.
"Bridges Program/Court Liaison" means an individual employed or contracted with the State
Court Administrator's Office (SCAO) to implement and administer a program that identifies and
dedicates local behavioral health professionals as court liaisons in each judicial district. These
individuals are responsible for facilitating communication and collaboration between judicial and
behavioral health systems.
https://www.courts.state.co. us/Administration/Un it.cfm?Unit=briddesThese
"Case Manager" assists in the planning, coordination, monitoring, and evaluation of services
for a client with emphasis on quality of care, continuity of services, and cost-effectiveness
"Certified Addiction Specialist" - CAS (Formerly CAC II & III) requires a Bachelor's degree
in a Behavioral Health specialty (Psychology, Social Work, Human Services). This does not
include Criminal Justice, Sociology or Nursing. These individuals are approved to provide
Clinical Supervision and consultation to individuals working towards CAT or CAS. 2,000
clinically supervised hours (1,000 direct clinical hours beyond the Technician). Must pass the
NCAC II exam and Jurisprudence exam.
"Certified Addition Technician" - CAT (Formerly CAC I) requires 1000 hours of clinically
supervised work hours (does not require DORA registration prior to the 1000 hours). Once
these hours are met, the individual is not able to perform duties until the CAT is officially
approved), in addition to passing the NCAC I Exam and passing the Jurisprudence Exam.
"Competency Enhancement Program - CEP" means the program funded through SB 19-223
to provide jail -based mental health services to those awaiting an inpatient competency
restoration bad.
"Competency Evaluator" is a licensed physician who is a psychiatrist or licensed psychologist,
each of whom is trained in forensic competency assessments, or a psychiatrist training and
practicing under the supervision of a psychiatrist with expertise in forensic psychiatry, or a
Page 1 of 25
Exhibit A-1
psychologist who is in forensic training and is practicing under the supervision of a licensed
psychologist with experience in forensic psychology.
"Court -Ordered Competency Evaluation" means a court -ordered examination of an individual
before, during, or after trial, directed to developing information relevant to a determination of the
individual's competency to proceed at a particular stage of the criminal proceedings, that is
performed by a Competency Evaluator and includes evaluations concerning restoration to
Competency.
"Critical Incidents" means a critical incident is any significant event or condition that must be
reported to the Department that is of public concern and/or has jeopardized the health, safety
and/or welfare of individuals or staff.
"Forensic Navigator" means social workers working within the CDHS that provide proper care
and coordination of pretrial individuals, which involves working with the courts, court liaisons,
service providers, and conducting periodic case management evaluations across the 22 judicial
districts.
"Forensic Support Team" means a group of individuals working within the CDHS who provide
evaluation and competency restoration education services, case management, and assertive
community treatment services to individuals awaiting competency restoration services.
"High Risk for Transfer" means an individual who has been ordered to receive inpatient
restorative treatment; for whom an evaluator has determined either that the individual appears
to have a mental health disorder and as a result of the mental health disorder, appears to be an
imminent danger to others or to himself and/or appears to be gravely disabled.
"LAC", or Licensed Addiction Counselor, is a behavioral health clinician who can provide co-
occurring services. Master's degree or higher in Substance Use Disorders/Addiction and/or
related counseling subjects (social work, mental health counseling, marriage & family,
psychology, medical doctor) from a regionally accredited institution of higher learning.
3,000 clinically supervised hours (2,000 direct clinical hours). Must pass the MAC and
jurisprudence exam. Designated providers of Clinical Supervision for all levels of certification
and licensure, in the addiction's profession.
"LCSW", or Licensed Clinical Social Worker, is a social worker trained in psychotherapy who
helps individuals deal with a variety of mental health and daily living problems to improve overall
functioning.
"LMFT", or Licensed Marriage and Family Therapist help couples and family members manage
problems within their relationships.
Page 2 of 25
Exhibit A-1
"LPC", or Licensed Professional Counselor, is a person engaged in the practice of counseling
who holds a license as a licensed professional counselor issued under the provisions of the
state of Colorado.
"Long Acting Injectable (LAI)" is an injectable medication that allows for the slow release of
medicine into the blood. An LAI can last anywhere from 2-12 weeks, which helps to control
symptoms of mental illness and / or substance use.
"Low Risk for Transfer" means an individual who has been ordered to receive inpatient
restorative treatment services and is assessed to need mental health services but does not
need a referral to a BHA designated inpatient facility.
"Moderate Risk for Transfer" means an individual who has been ordered to receive inpatient
restorative treatment, for whom an evaluator has determined either that the individual appears
to have a mental health disorder or appears to be gravely disabled and does not appear to be
an imminent danger to others or to himself at that point in time.
"Memorandum of Understanding" means a type of agreement between two or more parties.
It expresses a convergence of will between the parties, indicating an intended common line of
action.
"Program Level of Care Type" means the level of care a person receives while in jail awaiting
a bed for inpaient restorative treatment.
"Regional Accountable Entity" is responsible for building networks of providers, monitoring
data and coordinating members' physical and behavioral health care. RAEs replace and
consolidate the administrative functions of Regional Care Collaborative Organizations (RCCOs)
and Behavioral Health Organizations (BHOs).
"Screening Tools" are brief questionnaires or procedures that examine risk factors,
mental health/trauma symptoms, or both to determine whether further, more in-depth
assessment is needed on a specific area of concern, such as mental health, trauma, or
substance use.
Exhibits
A: Statement of Work - the narrative description of a project's work requirement. It defines
project -specific activities, deliverables and timelines for the Contractor providing services.
B: Budget - outline of the projected cost/expenses of the project.
C: Miscellaneous Provisions - general contract provisions and requirements including
standard conditions in contracts like payment procedures, audit thresholds, and recommended
measures against contract violation.
D: HIPAA Business Associate Agreement /Qualified Service Organization Addendum -
terms detailing required compliance with HIPAA and 42 C.F.R. Part 2 privacy regulations.
Page 3 of 25
Exhibit A-1
PART ONE - GENERAL PROVISIONS
Article 1
General Administration
1.1 Participation / Catchments. County Sheriffs may develop programs either individually, or
as multiple Sheriffs Departments (otherwise known as a catchment), submitting a combined
work plan. If services are provided to a catchment, the fiscal agent county (the county holding
this primary Contract with BHA) shall enter into subcontracts with its catchment county Sheriffs
Departments. BHA reserves the right to change the fiscal agent as necessary. Subcontracts
entered into under this provision shall adhere to the requirements of Exhibit C, Miscellaneous
Provisions, Section II.
1.2 Program Administrator. The Contractor shall select a JBBS Program Administrator,
identify the positions' roles, responsibilities and authority, and develop a management plan that
supports the JBBS Program Coordination Group. Any changes to the Program Administrator's'
contact information shall be communicated via email to the Behavioral Health Administration
within one business day of change to cdhs ibbs(a.state.co.us
a. BHA prefers that a staff person from the Sheriffs Department assume the role of
Program Administrator. The Program Administrator shall be well versed in the JBBS
Program, including contractual requirements. The Program Administrator shall also
participate in the JBBS Quarterly Meetings and shall oversee the JBBS Program and its
operations. The Sheriffs Department is encouraged to account for this administrative
position in their budget.
1.3 JBBS Program Coordination Group. The Contractor shall develop a process for
implementing a Program Coordination Group within the facility, to guide and support the JBBS
program. The Program Coordination Group shall meet on a regular and continual basis to
ensure project implementation and goals are progressing. In addition to monthly check -ins, the
JBBS Program Manager(s) will be available to attend periodic Program Coordination Group
meetings for technical assistance, contract management, and support based on agency need.
BHA reserves the right to record JBBS meetings as necessary. The Program Coordination
Group shall:
a. Oversee program implementation.
b. Make training recommendations.
c. Measure the program's progress toward achieving stated goals, using data provided
by BHA program manager(s) to guide work.
d. Resolve ongoing challenges to program effectiveness.
e. Inform agency leaders and other policymakers of program costs, developments, and
progress.
f. Develop policies and protocols to ensure clinical staff have the resources and support
required for service provision.
Page 4 of 25
Exhibit A-1
g. For JBBS Programs serving a catchment of counties, a sheriffs department
representative from each county is required to participate in the JBBS Program
Coordination Group.
h. Ensure the needs of all the jails in the catchment are being met by the resources and
subcontracted service providers.
1.4 Subcontractors. The JBBS Program requires a subcontract, or an MOU be in place for any
and all subcontractors. See Exhibit C, Miscellaneous Provisions, Section II for requirements
regarding the use of subcontractors.
1.5 Audits. As a participant in the JBBS program, participation in regular audits will be required.
Clinical and financial documentation shall be made available for onsite or virtual review by the
Office of Behavioral Health, in addition the location(s) where treatment services are being
provided.
1.6 The Contractor may serve individuals who are awaiting Medicaid approval or other funds to
pay for initial treatment services.
1.6 The Contractor shall provide services in a manner that respects and protects individual
rights. This requirement includes providing the subcontractor with the required space to offer
individual and group treatment services described in this Contract.
1.7 Recovery Support Services. SAMHSA (Substance Abuse and Mental Health Services
Administration) encourages those involved in substance abuse and / or mental health treatment,
to address their emotional, spiritual, intellectual, physical, environmental, financial, occupational,
and social needs. JBBS programs may provide recovery support services for wraparound
resources including, but not limited to, clothes, transportation, food, emergency housing/motel
vouchers, or basic hygiene purchases that will assist in stabilizing the individual in the
community.
1.8 The Contractor shall maintain support relationships with all points in the criminal justice
system, i.e., probation, parole, diversion, Department of Corrections, etc. to ensure continuity of
care.
1.9 Cultural Competency. The Contractor shall provide culturally competent and appropriate
services, per National Standards for Culturally and Linguistically Appropriate Services (CLAS
Standards), available at https://thinkculturalhealth.hhs.gov/clas/standards
1.10 The Contractor shall make reasonable accommodations to meet the needs of individuals
who are physically challenged, deaf or hearing impaired, or blind.
1.11 Medication Consistency (C.R.S. 27-70-103)
a. For the sole purpose of ensuring medication consistency for persons with mental health
disorders involved in the criminal justice system, for individuals participating in the JBBS
Page 5 of 25
Exhibit A-1
program, Contractor shall share patient -specific mental health and treatment information
with all subcontractors, clinicians, and providers involved in the individual's plan of care.
b. All such information sharing must comply with confidentiality requirements, including any
necessary memorandums of understanding between providers, set for in the federal
"Health Insurance Portability and Accountability Act of 1996", 45 CFR Parts 2, 160, 162,
and 164.
c. Contractor is encouraged, though not required, to participate in the Minnesota Multistate
Contracting Alliance for Pharmacy Cooperative Purchasing Agreement to purchase
medication and to utilize the Medication Consistency formulary developed by CDHS and
HCPF.
d. If Contractor does not utilize the Medication Consistency formulary developed by CDHS
and HCPF, Contractor shall provide a copy of the medication formulary available at
Contractor's jail. A copy of the CDHS and HCPF formulary is available on the CDHS
Website.
e. Contractor shall not bill inmates for appointments or medications otherwise covered by
JBBS. See Exhibit B, Budget and Rate Schedule for a list of covered meds
Article 2
Confidentiality and HIPAA / 42 CFR Part Two
2.1 HIPAA Business Associate Addendum / Qualified Service Organization Addendum.
The Contractor shall agree to comply with the terms of the HIPAA Business Associate
Addendum / Qualified Service Organization Addendum, Exhibit D of this Contract.
2.2 Third Parties and Business Associate Addendum / Qualified Service Organization
Addendum.
a. The Contractor shall require that any third parties, including subcontractors or other
partner agencies, that it involves for work to be done pursuant to this Contract agree to
the most recent CDHS version of the HIPAA Business Associate Addendum / Qualified
Service Organization Addendum, found in Exhibit D of this Contract.
b. A HIPAA Business Associate Addendum / Qualified Service Organization Addendum
is required between subcontracted treatment provider agencies for any program that has
more than one treatment subcontractor agency rendering services in the jail in order to
share assessments and screenings between subcontracted treatment provider agencies.
2.3 Additional Measures. The Contractor shall agree to the following additional privacy
measures:
a. Safeguards. The Contractor shall take appropriate administrative, technical and
physical safeguards to protect the data from any unauthorized use or disclosure not
provided for in this agreement.
b. Confidentiality. The Contractor shall protect data and information according to
acceptable standards and no less rigorously than they protect their own confidential
information. The Contractor shall ensure that individual level identifiable data or
Page 6 of 25
Exhibit A-1
Protected Health Information (PHI) shall not be reported or made public. The Contractor
shall ensure that all persons (e.g., interns, subcontractors, staff, and consultants) who
have access to confidential information sign a confidentiality agreement.
Article 3
Financial Provisions
3.1 Cost Reimbursement / Allowable Expenses. This contract is paid by cost reimbursement.
See Exhibit B, Budget and Rate Schedule, for a list of reimbursable expenses. The Rate
Schedule is non -exhaustive; other items expensed to this Contract must be reasonable toward
completion of the contract terms, are reviewable by BHA, and shall not exceed any detail in the
budget in this regard.
3.2 Staff Time Tracking and Invoicing. The Contractor shall ensure expenses and staff are
tracked and invoiced separately for each program or funding stream. Any other funding sources
or in -kind conbibutions supporting the JBBS Program shall be disclosed in the invoice
submission. Invoices will be submitted to cdhs BHApavmentAstate.co.us
by the 20th of the following month.
3.3 General Accounting Encumbrances (GAE). Some Parts under this Statement of Work
may utilize general accounting encumbrances. Detailed information regarding the general
accounting encumbrances can be found in those Parts.
3.4 Procurement Card. BHA recommends, although does not require, counties to consider the
use of a procurement card to be used for expenses related to the JBBS program. Contractor
shall follow its county's internal guidance and policies for use of procurement cards.
3.5 Proportional Reduction of Funds. The Behavioral Health Administration has the unilateral
authority to proportionately reduce the contract budget amount to match current spending rates.
If the Sheriffs Department has not spent 40% of the contract budgeted amount by November
30th, the Office of Behavioral Health may proportionately reduce the contract budget amount to
match current spending rates. If the Sheriffs Department has not spent 65% of the contract
budgeted amount by February 28th, the Behavioral Health Administration may again
proportionately reduce the contract budget amount to match current spending rates.
3.6 Fiscal Agent County Responsibilities. Where a county is acting as a fiscal agent for other
counties, the fiscal agent county shall pay invoices received by the catchment counties within 45
days of receipt.
3.7 Other Financial Provisions, including invoicing instructions can be found in Exhibit C,
Miscellaneous Provisions.
Page 7 of 25
Exhibit A-1
PART TWO - SUBSTANCE USE DISORDER (SUD) TREATMENT SERVICES
Article 1
Purpose and Target Population
1.1 Purpose. As used in this Statement of Work exhibit, the State and the Contractor together
are referred to as the "Parties". The Parties understand and agree that the goal of the Jail
Based Behavioral Health Services (JBBS) Program is to support county Sheriffs in providing
screening, assessment and treatment for offenders with substance use disorders (SUD) and co-
occurring substance use and mental health disorders, as well as transition case management
services. Through funds authorized by the Colorado General Assembly (SB 12-163), the
Behavioral Health Administration (BHA) intends to continue funding the Jail Based Behavioral
Health Services Programs as set forth in this Contract.
1.2 Target Population. Adults 18 years of age and older that are residing in the county jail with
substance use disorder or co-occurring substance use and mental health disorders. In this
regard, the Contractor, in accordance with the terms and conditions of this Contract, shall
develop, maintain, and provide behavioral health services in the county jails for individuals
highlighted in section 1.2. The Contractor, in providing required services hereunder, shall utilize
and maintain a partnership with community provider(s)/individuals that are licensed (LAC, LPC,
LCSW, CAS), who are in good standing with the Department of Regulatory Agencies (DORA),
have the ability to provide services within the jail or through televideo options, and have the
capacity to provide free or low cost services in the community to inmates upon release.
Article 2
Activities and Services
2.1. Licensed Substance Use Disorder Treatment Requirements.
a. Eligible individuals must have a substance use disorder and/or a co-occurring mental
health disorder (determined by SUD and MH screening) to be eligible to receive services
under the JBBS program.
b. Individual treatment providers must hold a Substance Use Disorder Provider license
and be in good standing with the Colorado Department of Regulatory Agencies (DORA).
c. Contractor shall implement policies and procedures on how subcontracted treatment
provider(s) will manage and maintain clinical records for the individuals served at the
outpatient community location. The providers must follow the same protocols and
policies for record management for services offered in the jail.
d. Contractor shall provide appropriate screening(s), assessment(a), brief intervention
and linkage to care in the community, based on an individualized treatment and/or
transition plan.
i. Contractor shall utilize evidence -based screening processes and tools (see
page 11; Article 2, 2.1), subject to approval by BHA, to screen for mental health
Page 8 of 25
Exhibit A-1
disorders, substance use disorders, trauma, traumatic brain injuries and
suicidality.
e. Each individual's treatment / transition plan shall incorporate:
i. Summary of the continuum of services offered to individuals based on
evidence -based curricula.
ii. Frequency and duration of services offered.
iii. If an individual's treatment will be provided by more than one treatment
provider, describe how services are distributed between providers.
iv. Incorporation of criminogenic risk factors in service and transitional case
planning as determined from the Level of Supervision Inventory (LSI).
v. The individual's natural communities, family support, and pro -social support.
vi. A plan to transition individuals from jail -based services to appropriate
behavioral health and other needed community services upon release from
incarceration.
vii. Contractor shall provide treatment to individuals in need of services in
accordance with the treatment and transition plan described above.
Article 3
Standards & Requirements
3.1 Authorizing Legislation and Description of Services. The Jail Based Behavioral Health
Services (JBBS) Program is funded through the Correctional Treatment Cash Fund legislated in
the passage of Senate Bill 12-163. Section 18-19-103 (c), C.R.S. directs the judicial department,
the Department of Corrections, the state board of parole, the Division of Criminal Justice of the
Department of Public Safety, and the Department of Human Services to cooperate in the
development and implementation of the following:
a. Alcohol and drug screening, assessment, and evaluation.
b. Alcohol and drug testing.
c. Treatment for assessed substance abuse and co-occurring disorders.
d. Recovery support services.
The Correctional Treatment Fund Board has determined the Jail Based Behavioral Health
Services (JBBS) Program meets the requirements set forth in SB 12-163.
3.2 Level of program care. Services offered by the Contractor hereunder shall meet ASAM
Level 1 or 2.1 level of care.
Article 4
Data Reporting
4.1 Contractor is required to report information in the BHA Jail Based Behavioral Health
Services (JBBS) CiviCore Database or another database as prescribed by BHA.
Data must reflect current individual enrollment and services provided by the 15th day of each
calendar month to allow BHA staff to utilize current data. The following data elements will be
captured in the Civicore JBBS database or other database as prescribed by BHA:
Page 9 of 25
Exhibit A-1
a. A record for each individual who screened "positive" for a mental health disorder or
substance use disorder; other screenings completed and results thereof.
b. Basic demographic and working diagnosis information (including veteran status and
pregnancy status, if applicable).
c. For individuals in jail more than 30 days and who are admitted to the JBBS program, it
is recommended that a Level of Supervision Inventory (LSI/LSI-R) risk assessment be
completed.
d. The type and dosage of medications provided for Medication Assisted Treatment
(MAT). Please see Exhibit B for allowable medications.
e. Number of individuals who successfully transition to community -based services upon
release.
f. Program discharge outcomes and treatment status in the community after discharge.
4.2 The Contractor agrees to respond to BHA's inquiries about data submissions within two (2)
business days and work with BHA to quickly resolve any data issues.
4.3 Contractor is required to notify BHA of any staffing changes within 48 hours, as this
individual's Database access will need to be removed.
Article 5
Performance Measures
5.1 Performance Measures:
a. Transition Tracking Outcomes. The goal of the JBBS program is to identify treatment
service needs and assist with engagement in community -based treatment services upon
release. Contractor shall make reasonable efforts to contact all JBBS individuals who
are successfully discharged from the program and released to the community at one,
two, six and 12 months post release. The individual's treatment status shall be recorded
in the CiviCore JBBS database, or another data system as prescribed by BHA. If a client
remains engaged in treatment post -release, JBBS may continue to provide support
through the Contractor's Recovery Support Services section of their budget, for up to 12
months. The following are the treatment status options:
i. Deceased — In the event of death of the individual post -release.
ii. In Treatment — Individual is engaged in community -based treatment services
as recommended in the transition plan.
iii. New Crime/Regressed - Individual returned to jail for violations or committed a
new crime.
iv. Not Applicable - Individual sentenced to Department of Corrections, Probation,
Community Corrections, or treatment status not applicable at month two, six, or
12 due to prior tracking status of Deceased, New Crime/Regressed, or Treatment
Completed.
Page 10 of 25
Exhibit A-1
v. Not in Treatment — Individual is reported by the community -based treatment
provider as not in treatment or the individual reports to not be in treatment
services as recommended on the transition plan.
vi. Status Unknown — Individual cannot be located.
vii. Treatment Completed — Individual has completed treatment as recommended
in the transition plan.
b. Recidivism. JBBS aims to decrease the rate of reincarceration of former JBBS
participants. This approach should result in greater treatment engagement in the
community and decreased recidivism through better identification and treatment of
behavioral health needs.
c. BHA nay conduct an annual analysis of recidivism. The following will apply to this
anaysis:
i. JBBS participants who have received treatment services or groups will be
included in the recidivism analysis.
ii. "Recidivism" is the analysis that will be defined as re -arrest and reincarceration
for a new crime or a technical violation related to the individual's original charge.
iii. Recidivism Target. Programs will ensure that data in the JBBS Database
pertaining to the most recent complete fiscal year (July 1 - June 30) is verified
and correct by the 15th of July following the fiscal year so that the recidivism
analysis may be completed by BHA.
Article 6
Deliverables
6.1 For Deliverables under this section, please see Part 5 - JBBS Program Deliverables
PART THREE - JAIL MEDICATION ASSISTED TREATMENT (SB 19-008)
Article 1
Purpose & Target Population
1.1 Purpose. Senate Bill 19-008 concerns treatment of individuals with substance use disorders
who come into contact with the criminal justice system. Section 6 of the bill requires jails that
receive funding through the jail -based behavioral health services program to allow medication -
assisted treatment to be provided to individuals in the jail. The jail may enter into agreements
with community agencies and organizations to assist in the development and administration of
medication -assisted treatment. "Medication -assisted treatment" or "MAT" means a combination
of behavioral therapy and medications approved by the Federal Food and Drug Administration
to treat SUD diisorders.
1.2 Target Population. 18 years of age and older, residing in county jail(s), SB 19-008 enacts
policies related to the involvement of persons with substance use disorders in the criminal
justice system_
Page 11 of 25
Exhibit A-1
Article 2
Activities & Services
2.1 Provision of Medication -Assisted Treatment. Contractors engaging 19-008 funding shall
expand access to care for persons who are incarcerated with substance use disorder (SUD)
through the following activities:
a. Have a policy in place for the provision of Medication -Assisted Treatment (MAT) and
how it will be implemented. A copy of this policy will be provided to BHA before MAT
services are provided. If a policy is not provided and MAT services are not offered, an
explanation as to why will be provided to BHA prior to any BHA JBBS funds being
issued. See Part Five, Article 1.5 for more details on how this needs to be submitted.
b. Identify program appropriate individuals via screening.
c. Link persons with SUD with a community based clinical care provider.
d. Initiate MAT for SUD and retain in MAT/optimize retention to MAT while in jail.
e. Provide patient education surrounding SUD and the types of treatment available in
their community.
f. Develop and routinely review individualized treatment plans.
2.2 Allowable Expenses. The following are allowable expenses in the provision of the services
above specific to this Part, reimbursable in accordance with the BHA -approved rate schedule.
a. Fee for service agreements with contractors for treatment, medical staff, and
medications.
b. Required medications, handled subject to Controlled Substance / Medication Assisted
Treatment licensing requirements, including medications for overdose reversal such as
Naloxone.
c. Jail payroll expenses for interventions, medical staff, and medications.
d. Facility and equipment upgrades related to MAT.
e. Training and staff development for MAT. Invoice requests are due to BHA as
expenses are incurred. Only one month's expenses are allowed per invoice.
Article 3
Standards and Requirements
3.1 General Accounting Encumbrance. This program will be funded by a General Accounting
Encumbrance (GAE). Payment to Contractor is made from available funds encumbered and
shared across multiple contractors. The State may increase or decrease the total funds
encumbered at its sole discretion and without formal notice to the Contractor. The liability of the
State for such payments is limited to the encumbered amount remaining of such funds.
3.2 Program Policies and Plans.
a. Contractor shall adhere to the policy or plan for its jail submitted to satisfy the
deliverable described in Part Six, Article 1.5.
Page 12 of 25
Exhibit A-1
b. A Sheriff who is the custodian of a county jail or city and county jail may enter into
agreements with community agencies, behavioral health organizations, and substance
use disorder treatment organizations to assist in the development and administration of
medication -assisted treatment in the jail.
3.3 License Requirements.
a. Providers licensed as an opioid medication assisted treatment (OMAT) program shall
adhere to 2 CCR 502-1 Behavioral Health Rules regarding 21.320: Opioid Medication
Assisted Treatment (OMAT).
b. Providers handling controlled substances shall adhere to 2 CCR 502-1 Behavioral
Health Rules regarding 21.300: Controlled Substance License Requirements, which
includes direction on the safe storage and handling of controlled substances.
3.4 Level of Program/Care. OMAT provider facilities shall meet ASAM Level 1 Outpatient
Treatment or 2.1 Intensive Outpatient level of care.
3.5 Tiered MAT Funding.
a. Contractors will be provided with funding for MAT services based on the following
tiered system created by BHA:
TIER 1. This is the base tier, a starting point for jails that may have high barriers and/or
resource shortage. It is primarily for jails that only offer Vivitrol and Buprenorphine
continuations for pregnant individuals. If Contractor at this tier anticipates spending over
$5,000 in a year, it must provide a budget to BHA for pre -approval.
TIER 2. This is the middle tier for established programs, but these programs may have
some barriers and are not offering a full FDA MAT medication list yet. This is primarily
for jails that offer continuations for inmates for Buprenorphine products as well as
Vivitrol. An additional $10,000 may be offered if Methadone is offered as a continuation
for inmates. If Contractor at this tier anticipates spending over $35,000 in a year, it must
provide a budget to BHA for pre -approval.
TIER 3. This is the top tier for established programs. It should include full induction and
continuation of all FDA approved medications. Jails in this group would submit a budget
(could be $150,000 or more) for their MAT program, submit a work plan outlining how
they will screen, refer, provide medications while incarcerated, and transfer care of those
individuals to community MAT providers upon release.
b. MAT funding based on Tiers will be based on Program Manager's discussion with the
contracted jail. If a program chooses to prove eligibility for a higher tier, this will be taken
into consideration for the following contract year. A jail will stay within one tier for an
entire contract year, but can move up or down depending on proved eligibility and need.
Page 13 of 25
Exhibit A-1
Article 4
Deliverables
4.1 For Deliverables under this section, please see Part 5 - JBBS Program Deliverables
PART FOUR - JBBS TECHNICAL ASSISTANCE (HB 22-1326)
Article 1
Purpose & Target Population
1.1 Purpose
The State of Colorado, Behavioral Health Administration (BHA) in cooperation with JBBS
(Jail Based Behavioral Health Services) program, will assist county jails in meeting the
requirements set forth by legislation as it pertains to Medication Assisted Treatment (MAT)
technical assistance provided to jails. County jails may enter into agreements with
community agencies and organizations to assist in the development and administration of
medication -assisted treatment.
"Medication -assisted treatment" or "MAT" means a combination of behavioral therapy and
medications approved by the Federal Food and Drug Administration to treat SUD disorders.
This technical assistance is a menu of options for different technical assistance elements
needed for jails including but not limited to: consulting related to staffing necessary to
provide MAT services, including jail operations staff, medical staff, and behavioral health
staff. This technical assistance should also include options as to what services are available
to offenders upon their release from custody.
Those who will be assisted by the technical assistance are local county detention facilities
(jails) throughout the state of Colorado. The state of Colorado has 64 counties, however, not
all 64 counties have jails. The JBBS program is currently being offered in 47 county jails. Jail
population sizes vary by county, with the largest populations being housed in the seven
county Denver metro area jails.
1.2 Target Population.
Colorado County Jails participating in the Jail Based Behavioral Health Services program with
the Behavioral Health Administration annually contracting with the state of Colorado to receive
these funds for the provision of jail based behavioral health services have access to these funds
through their contracts.
1.3 General Accounting Encumbrance. This program will be funded by a General Accounting
Encumbrance (GAE). Payment to Contractor is made from available funds encumbered and
shared across multiple contractors. The State may increase or decrease the total funds
encumbered at its sole discretion and without formal notice to the Contractor. The liability of the
State for such payments is limited to the encumbered amount remaining of such funds.
Article 2
Definitions and Acronyms
Page 14 of 25
Exhibit A-1
Behavioral Health Administration (BHA) represents one of Colorado's many steps towards
strategic investments in improving the behavioral health system. The BHA is a new cabinet
member -led agency, housed within the Department of Human Services, designed to be the
single entity responsible for driving coordination and collaboration across state agencies to
address behavioral health needs.
Drug Enforcement Agency (DEA) enforces the controlled substances laws and regulations of
the United States and brings to the criminal and civil justice system of the United States, or any
other competent jurisdiction, those organizations and principal members of organizations,
involved in the growing, manufacture, or distribution of controlled substances appearing in or
destined for illicit traffic in the United States; and to recommend and support non -enforcement
programs aimed at reducing the availability of illicit controlled substances on the domestic and
international markets.
Jail Based Behavioral Health Services (JBBS) The Jail Based Behavioral Health Services
(JBBS) Program has been operational since October 2011 with funding from the Correctional
Treatment Cash Fund pursuant to C.R.S.18-19-103 (5)(c)(V). The goal of the JBBS Program is
to provide appropriate behavioral health services to inmates while supporting continuity of care
within the community after release from incarceration.
Medication Assisted Treatment (MAT) is the use of medications, in combination with
counseling and behavioral therapies, to provide a "whole -patient" approach to the treatment of
substance use disorders. Medications used in MAT are approved by the Food and Drug
Administration (FDA) and MAT programs are clinically driven and tailored to meet each patient's
needs.
Article 3
Activities and Services
3.1 Expanded Provision of Medication -Assisted Treatment Through Technical
Assistance. Contractors engaging JBBS funding shall access technical assistance to expand
access to care for persons who are incarcerated with substance use disorder (SUD) through the
following activities:
a. Contractor shall utilize technical assistance for the Development and
Implementation of Medication -Assisted Treatment (MAT)
b. Contractor shall hire technical assistance ("TA") providers to support MAT
programs in their facility to address:
i. Medication availability within the community
ii. Medication Acquisition/utilize technical assistance for identifying bulk
purchasing opportunities for necessary services
iii. DEA licensing services
iv. Temporary or Permanent staffing services for positions related to the
implementation of MAT services. These could be both sworn and civilian
positions.
v. Training services for jail staff as it relates to MAT
vi. Consultation services for jail staff and community providers as it relates to
MAT
Page 15 of 25
Exhibit A-1
vii. Advertising, Marketing or Public Relation Services regarding MAT
services
viii. Building modifications as it pertains to MAT services
ix. Human Services collaboration as it pertains to Medicaid enrollment prior
to release from jail
x. Telecommunication services (ex WiFi upgrades)
xi. Translation services when needed
xii. Delivery of MAT medications
xiii. Community re-entry services for offender transition (services that help
offenders transition from prison to a productive community life)
c. Contractor shall provide a work plan outlining the jail's intended use for the TA
funding for no later than 30 days from the date this amendment is executed. If
jails decline the funding, a written explanation will be provided by 30 days from
when this amendment is executed.
d. Submit a policy of the Jail's MAT protocols and procedures for the facility
outlining the services and medications offered no later than 30 days from the
date this amendment is executed to cdhsjbbs@state.co.us.
i. A copy of this policy will be provided to BHA before MAT services are
provided. If a policy is not provided and MAT services are not offered, an
explanation as to why will be provided to BHA prior to any BHA JBBS
funds being issued no later than 30 days from the date this amendment is
executed.
ii. The policies will also include guidelines for nonmedical evaluations,
including timelines for performing a subsequent medical evaluation.
e. Contractor shall provide appropriate and best -practice withdrawal management
care to incarcerated individuals as necessary.
f. Contractor shall develop community partnerships with necessary providers to link
persons with SUD with an approved community -based clinical care provider.
g. Contractor shall initiate MAT for SUD and retain in MAT/optimize retention to
MAT while in jail where clinically indicated.
h. Contractor shall provide patient education surrounding SUD/MAT/OUD and the
types of treatment available in their community.
3.2 Allowable Expenses. The following are allowable expenses in the provision of the services
above specific to this Part, reimbursable in accordance with the BHA -approved rate schedule.
a. Purchase technical assistance services identified in 3.1(b) above.
b. Provide staff development and training regarding Medication -Assisted Treatment,
Substance Use Disorder, and Opioid Use Disorder to fulfill requirements of HB
22-1326.
c. Fee for service agreements with contractors for treatment, medical staff, and
medications.
d. Required medications, handled subject to Controlled Substance / Medication
Assisted Treatment licensing requirements, including medications for overdose
reversal such as Naloxone.
e. Jail payroll expenses for interventions, medical staff, and medications.
Page 16 of 25
Exhibit A-1
f. Facility and equipment upgrades related to MAT. Upgrade plan subject to prior
approval.
PART FIVE - JBBS PROGRAM DELIVERABLES
Article 1
1.1 Deliverables for All JBBS Programs
a. JBBS Work Plan. Using the JBBS Statement of Work, the Contractor is required to
design a work plan based on the five criteria listed below. The Annual Work Plan should
specify the following information for each service in which the Contractor will participate
in. See JBBS Work Plan Template at the end of this document.
b. Annual Report. The Contractor shall submit to the State the previous year's Annual
Report by EOB July 31, utilizing the JBBS Reporting Template provided by BHA. The
Contractor shall submit this report via email to cdhsjbbs@state.co.us
c. JBBS Database Reporting.
i. The Contractor or designated subcontractor shall complete all applicable data
fields in the JBBS (Civicore) Database using the following URL:
https://fw.civicore.com/ibbhs or another data system as prescribed by BHA. All
data entry shall be updated on an ongoing basis and must reflect current
individual enrollment and services provided by the 15th of each month following
the month when the service was provided.
ii. Data Entry shall include:
a. Basic individual demographic and working diagnosis information.
b. Booking date (date that the individual was booked into jail).
c. Screening date and results (Mental Health, Substance Use, Traumatic
Brain Injury, Trauma, and Suicidality) for all individuals who screen
"positive" for a mental health disorder or substance use disorder.
d. Admission date (date that individual began receiving JBBS services).
e. If applicable, results of Level of Supervision Inventory (LSI/LSI-R) risk
assessment (recommended for individuals admitted to the JBBS program
who are in jail more than 30 days).
f. Individual -level services provided (date of service, type of service,
duration of service, and any additional applicable information), including
any Medication Assisted Treatment services provided (date of service,
duration of service, type of MAT service, specific MAT medication, and
any other applicable information, including frequency of dosage).
g. Date, duration, and participants who attended for treatment or case
management group sessions.
h. Discharge date and type (unsuccessful discharge or successful
discharge, depending on whether the individual is actively participating in
the JBBS program at the time of discharge). BHA utilizes discharge and
admission dates to approximate sentence length and measure progress
toward shortening sentence lengths.
Page 17 of 25
Exhibit A-1
i. Date tracked and treatment status in the community, tracked at month 1,
month 2, month 6, and month 12 after discharge.
iii. The Contractor or Contractor's designated subcontractor shall complete Drug
Alcohol Coordinated Data System (DACODS), Colorado Client Assessment
Records (CCAR), and Encounters - or other BHA prescribed data system
records, according to the following schedule:
a. Encounters are due by the last business day of each month for all
services provided during the previous month.
b. CCARs are due by the last business day of the month following the
admission, annual update, or discharge of a client.
c. DACODS are due by the 15th of the following month for admissions into,
and discharges from, JBBS services.
See the latest version of the Finance & Data Protocol #1 Special Studies Codes
and Eligibility for more details.
d. Workgroup Attendance. BHA facilitates JBBS Program Meetings every other month.
The Contractor shall ensure that a representative from each jail participates in the
meetings. The representative(s) who attends the meetings shall be responsible for
relaying the information discussed during the meetings to the rest of the Contractor's
program organizational structure.
e. Critical Incidents. The Contractor shall ensure any critical incident involving a JBBS
client that occurs within the jail, is documented and shared with the Office of Behavioral
Health via an encrypted email to cdhs ci bha@state.co.us, within 24 hours of the time
the incident occurs. It is recommended that the Contractor include this reporting
requirement in all subcontractor agreements. The documentation should include the
following:
i. Date and time of incident
ii. Location of the incident
iii. The nature of the incident
iv. How the incident was resolved
v. Name[s] of staff present
vi. Whether the incident resulted in any physical harm to the participant or any
staff.
f. Copy of Proposed Subcontract. The Contractor shall provide to BHA a copy of any
proposed subcontract between the Contractor and any potential provider of services to
fulfill any requirements of this Contract, to cdhs_jbbs@state.co.us within 30 days of
subcontract execution. The subcontract will be evaluated to ensure it is in compliance
with the maximum rates established in the Annual Budget document provided by BHA.
g. Site Visits. The JBBS Program Manager(s) shall conduct site visits for the purpose of
providing technical assistance support and quality assurance monitoring of the program
on a periodic/as needed basis.
h. Monthly Contract Monitoring Tool. The Contractor shall submit a completed
contract monitoring tool to their assigned JBBS program manager no later than the 20th
of the month with the prior months information. JBBS program managers will update this
internally.
Page 18 of 25
Exhibit A-1
i. Plan of Action. Contractors who do not meet the deliverables above, or any additional
deliverables listed below, for which they have been provided funding, shall be asked to
submit a plan of action to improve program performance for the current or next fiscal
year.
j. Monthly BHA Invoice. Invoices will be submitted to cdhs bhapaymentstate.co.us
by the 20th of the following month. Only one month's expenses are allowed per invoice.
Supperting documentation will only be required in the event of an audit, but these
records should be maintained by the Contractor.
k. Spending Projection Plan. If a contractor is underspent by greater than 40% of their
budget by mid fiscal year (Nov 30), Contractor shall submit a spending projection plan.
Failure to submit the spending plan and failure to effectively utilize funding could result in
reduction in the current year budget.
I. Behavioral Health Screenings:
i. Individuals involved in the JBBS program are required to complete an evidence
based behavioral health screen for each of the following five categories:
Substance Use Disorder, Mental Health, Suicide, Trauma and Traumatic Brain
Injury. This information should be used to formulate a comprehensive treatment
plan to include appropriate referrals...
ii. For individuals who are admitted to the JBBS program and are in custody more
than 30 days, it is recommended that a Level of Supervision Inventory (LSI/LSI-
R) risk assessment be completed.
1.2 Additional Deliverables Related to Mental Health Expansion (SB 18-250)
a. Data Entry. The Contractor or designated subcontractor shall complete all applicable
data fields in the JBBS (Civicore) Database, or another data system as prescribed by
BHA. All data entry shall be updated on an ongoing basis and must reflect current
individual enrollment and services provided by the 15th of each month following the
month when the service was provided. In addition to the data reporting requirements
outlined in Part 5, Article 1, Section 1.1, Subsection c, above, the following additional
data related to Mental Health Expansion shall be collected:
i. Whether the individual is receiving mental health services only, not SUD
services (checkbox in JBBS Database).
1.3 Additional Deliverables Related to Competency Enhancement (SB 19-223)
a. Data Entry. The Contractor or designated subcontractor shall complete all applicable
data fields in the JBBS (Civicore) Database, or another data system as prescribed by
BHA. All data entry shall be updated on an ongoing basis and must reflect current
individual enrollment and services provided by the 15th of each month following the
month when the service was provided. In addition to the data reporting requirements
outlined in Part 5, Article 1, Section 1.1, Subsection c, above, the following additional
data related to Competency Enhancement shall be collected:
i. Whether the individual is involved in the competency restoration process
(checkbox in JBBS Database).
Page 19 of 25
Exhibit A-1
ii. Whether the individual has returned to jail after receiving competency
restoration services (checkbox in JBBS Database).
1.4 Additional Deliverables Related to Pre -Sentence Reentry Coordinator Services
a. Data Entry. The Contractor or designated subcontractor shall complete all applicable
data fields in the JBBS (Civicore) Database, or another data system as prescribed by
BHA. All data entry shall be updated on an ongoing basis and must reflect current
individual enrollment and services provided by the 15th of each month following the
month when the service was provided. In addition to the data reporting requirements
outlined in Part 5, Article 1, Section 1.1, Subsection c, above, the following additional
data related to Pre -Sentence Reentry shall be collected:
i. Whether the individual is pre -sentence at time of admission (checkbox in JBBS
(CiviCore) Database.
1.5 Additional Deliverables Related to Jail Medication -Assisted Treatment (SB 19-008)
a. Organizational Structure. All Contractors participating in JBBS shall determine and
provide an organizational structure designed to facilitate and promote effective MAT
program administration. Describe the use of evidence based best practices for
coordination of care for identified inmates. This report is due via email to
cdhs ibbsAstate.co.us by August 1 annually.
b. Policies. Prior to MAT services being delivered, the Contractor shall provide BHA a
written policy for their intended Jail MAT service delivery method, via email to
cdhs ibbsAstate.co.us. Contact JBBS Program Manager for additional information on
creating MAT policies.
c. Barrier Reports. If Contractor does not yet deliver MAT in its jail, Contractor shall
submit a report detailing the barriers Contractor is experiencing that have prevented
MAT delivery in the jail. Describe the capacity or efforts needed to get the jail into
compliance or ability to provide MAT in the jail, including but not limited to withdrawal
management, screening, and coordination of care for inmates identified for MAT. The
report is due via email to cdhs ibbsastate.co.us by August 1 annually.
d. Start -Up Plans. In the first year that Contractor will deliver MAT in its jail, Contractor
shall submit a report of ramp -up activities that will occur in the first four months of the
project via email to cdhs ibbsCB≥state.co.us by August 1 annually.
e. Work Plan and Budget Submission/Approval. In order to access MAT funds,
Contractor must submit a work plan selecting an MAT tier and describing how the funds
will be used. If Contractor's proposed budget exceeds the soft cap described in its tier
(described in Part Three, article 3.5 above), Contractor shall provide an initial budget to
the BHA JBBS Program Manager with Contractor submission of the work plan. BHA
JBBS Program Manager will respond with an approval, a request for more information,
or a rejection with cause. Budgets in excess of its tier's soft cap must be approved in
advance in writing by the BHA JBBS Program Manager. Contractors with ongoing MAT
programs must submit the workplan and budget by June 1 annually for the upcoming
state fiscal year (beginning July 1). Contractors beginning new MAT programs must
submit the workplan and budget prior to commencing services billed to this fund.
Page 20 of 25
Exhibit A-1
Contractor work may not commence until the work plan and budget are approved by the
BHA JBBS Program Manager.
f. Data Entry. The Contractor or designated subcontractor shall complete all applicable
data fields as outlined in Part 5, Article 1, Section 1.1, Subsection c, above. Data shall
be entered in the JBBS (Civicore) Database, or another data system as prescribed by
BHA. All data entry shall be updated on an ongoing basis and must reflect current
individual enrollment and services provided by the 15th of each month following the
month when the service was provided.
1.6 Additional deliverables related to JBBS TECHNICAL ASSISTANCE (HB 22-1326)
a. Work Plan. Contractor shall provide a work plan outlining the jail's intended use for the
TA funding for no later than 30 days from the date this amendment is executed. If jails
decline the funding, a written explanation will be provided by 30 days from when this
amendment is executed.
Table 1
Below is the deliverables table required by BHA, for each JBBS related service.
Program
Deliverable
Description
Due Date
Responsible
Party
Deliver to
All
Provide annual
work plan
See Part 5,
Article 1,
Section 1.1,
Subsection
a, above
By EOB April
1, for the
following fiscal
year
Contractor
cdhsjbbs@state.co.us
All
BHA invoice
See Part 1,
Article 3,
Section 3.2,
above
By 20th of
following
month for
previous
month's
expenses
Contractor
cdhs_BHApayment@st
ate.co.us
All
Report critical
incidents
See Part 5,
Article 1,
Section 1.1,
Subsection
e, above
Within 24
hours of
incident
Contractor
cdhs_ci_BHA@state.co.us
All
Provide JBBS
annual report
See Part 5,
Article 1,
Section 1.1,
Subsection
b, above
By EOB July
31 of the
current year
Contractor
cdhsjbbs@state.co.us
Page 21 of 25
Exhibit A-1
All
Workgroup
attendance
See Part 5,
Article 1,
Section 1.1,
Subsection
d, above
Quarterly
Contractor
Locations TBD
All
Send BHA copy of
proposed
subcontract
See Part 5,
Article 1,
Section 1.1,
Subsection f,
above
Within 30 days
of contract
being signed
Contractor
cdhsjbbs@state.co.us
All
Site Visits
See Part 5,
Article 1,
Section 1.1,
Subsection
g, above
Ongoing / as
needed
BHA
Locations TBD
All
Contract
Monitoring Tool
See Part 5,
Article 1,
Section 1.1,
Subsection
h, above
Ongoing, by
the 20th of
each month for
all services
provided
during the
previous month
Contractor
JBBS Program
Manager
Mental
Health
Expansion
(SB 18-250)
Data entry specific to
SB 18-250
See Part 5,
Article 1,
Section 1.2,
Subsection
a, above
Ongoing, by
the 15th of
each month for
all services
provided
during the
previous month
Contractor or
designated
subcontractor
JBBS Civicore
Database
Jail Based ed Behavioral
s
Health Sh
Competency
Enhancemen
tSB 19-223
( �
Data entry
specific to SB
19-223
See Part 5,
Article 1,
Section 1.3,
Subsection
a, above
Ongoing, by
the 15th of
each month for
all services
provided
during the
previous month
Contractor or
designated
subcontractor
JBBS Civicore
Database
Jail Based Behavioral
Health Services
Pre -sentence
Reentry
Coordinator
Services
Data entry specific to
pre -sentence Reentry
coordinator services
See Part 5,
Article 1,
Section 1.4,
Subsection
a, above
Ongoing, by
the 15th of
each month for
all services
provided
during the
previous month
Contractor or
designated
subcontractor
JBBS Civicore
Database
J a Based Behavioral
Health sServices
Page 22 of 25
Exhibit A-1
JMAT (SB
19-008)
Organizational
structure
Part 5, Article
1, Section
1.5,
Subsection
a, above
August 1
(annually)
Contractor
cdhsJbbs@state.co.us
JMAT (SB
19-008)
Policies
Part 5, Article
1, Section
1.5,
Subsection
b, above
Prior to MAT
services being
delivered
Contractor
cdhsJbbs@state.co.us
JMAT (SB
19-008)
Barrier Reports
Part 5, Article
1, Section
1.5,
Subsection c,
above
August 1
(annually)
Contractor
cdhsJbbs@state.co.us
JMAT (SB
19-008)
Start -Up Plans
Part 5, Article
1, Section
1.5,
Subsection
d, above
August 1
(annually)
Contractor
cdhsJbbs@state.co.us
JMAT (SB
19-008)
Work Plan and
Budget
Submission/Appr
oval
Part 5, Article
1, Section
1.5,
Subsection
e, above
Within five (5)
business days
of plan
submission
Contractor
cdhsJbbs@state.co.us
JMAT (SB
19-008)
Data Entry
Specific to JMAT
(SB 19-008 )
Part 5, Article
1, Section
1.5,
Subsection f,
above
Ongoing, by
the 15th of
each month for
all services
provided
during the
previous month
Contractor or
designated
subcontractor
JBBS Civicore
Database
Jail Based Behavioral
Health Services
JBBS MAT
TA (HB 22-
1326)
Work Plan and
Budget
Submission/
Approval
Within five (5)
business days
of plan
submission
Contractor or
designated
subcontractor
cdhsJbbs@state.co.us
JBBS Work Plan
1. Identify the Project Name, Purpose and Timeline
i. The Project Name will be either JBBS/Substance Use Disorder
Treatment, JBBS/Mental Health Treatment, JBBS/Pre-Sentence
Page 23 of 25
Exhibit A-1
Coordinator, JBBS/Competency Enhancement, or JBBS/Medication
Assisted Treatment (MAT).
ii. The Purpose will include what you hope to accomplish by providing
JBBS services in your facilities.
iii. The Timeline will be June 30, 2022 - July 1, 2023
2. Put Your Work Plan Into Context
i. This should include an introduction and background of the facility's
JBBS program.
ii. Write an introduction and background to better outline why you need
this project to happen - Creating context and establishing the problem,
helps explain why you need the solution. Examples could include an
increase in substance abuse usage, increase in mental health disorders,
increased jail population, high recidivism rates, Colorado state statute
requirements, etc...
iii. Describe the overall goal of the JBBS program. Examples can include
who is eligible for services, how will referrals to the program be made,
what are the admission criteria, how services will be provided, etc...
iv. If the facility is a new JBBS program, please include a brief summary
of how and why JBBS services will be implemented into your facility, and
what you hope to gain from this program.
3. Establish Your Goals and Objectives: Goals and objectives should be developed in
an integrated, multi -disciplinary fashion, which includes the active and ongoing
participation of the offender, jail staff and community providers. Examples could include:
i. What are / will be, the assessments and screenings between
subcontracted treatment provider agencies?
ii. How will you interface with other agencies serving persons with
substance use disorders or co-occurring mental illnesses, (i.e.,
community mental health centers, substance use disorder treatment
programs, service programs for Veterans, community service agencies,
and other licensed clinicians in private practice), to meet individuals'
treatment needs?
iii. What is the service array available within the community to program
participants upon their release from jail, OR, if there are limited services
available in your area, highlight this as a potential barrier.
iv. Which recovery support services (RSS) are most needed in your
community and/or catchment area and how will the provider or Sheriffs
Department use a portion of their budget to meet these needs?
v. What security protocol and reporting requirements are expected from
the treatment provider?
vi. What is the current capacity or efforts to screen all individuals booked
into the jail facility for mental health, suicidality and substance use
histories and needs?
Page 24 of 25
Exhibit A-1
vii. What are/will be, the continuum of services being offered, pursuant to
this Contract based on evidence -based curricula?
viii. What will the frequency and duration of services offered look like?
Discuss the availability of services during the week and hours of
operation, as well as include a breakdown of staff time (FTE) allocated to
the program, credentials, and general duties of each position.
4. Define and Coordinate Your Resources:
i. Determine and provide an organizational structure designed to facilitate
and promote effective administration of the JBBS program (should include
jail staff as well as any subcontracted staff).
ii. Describe how you plan to link offenders with community services upon
their release from custody.
5. Understand Your Constraints: Are there any obstacles that are going to get in the way
of providing these services?
i. Examine if there are any barriers to treatment within the jail? Within the
community?
ii. If so, it is possible to address these and, if so, how do you plan to do
that?
6. Discuss Risks and Accountability: Here you will highlight any foreseeable risks to the
program, as well as who will be accountable for each aspect of the program.
i. Activities, services, budgets, plans, timelines, goals, and outcome
measures included in the Work Plan shall be interpreted as being material
contractual performance requirements, outcomes, measures, and
contract deliverables of the Contractor.
The work plan, once approved by BHA, shall be incorporated into this Contract by reference as
work requirements of the Contractor supplemental to Contractor work requirements under the
current Contract Exhibit A, Statement of Work, as amended. Please use the template provided
below to complete your work plan.
Page 25 of 25
Exhibit B-1
COLORADO
Office of Behavioral Health
Department of Human Servtces
EXHIBIT B -1, FY23 ANNUAL BUDGET
BHA Program
JBBS
Agency Name
Weld County
Budget Period
July 1, 2022 - June 30, 2023
Project Name
JBBS
Program Contact, Title
Stephanie Dandurant,
Director of Inmate Services
Phone
Email
970-400-3937
sdandurand@weldgov.com
Fiscal Contract, Title
Phone
Kevin Halloran, Lieutenant
970-400-2837
Email
khalloran@weldgov.com
Date Completed
November 1, 2022
SERVICE CATEGORIES
Services (Fixed Price
per rate Schedule)
Funding Source
Total
Substance Use Disorder Treatment
State General Fund
354,979.00
Total Contract
354,979.00
General Accounting
Encumbrance - Medication
Assisted Treatment
MAT Services
CAE Total
1,690,428.00
Fentanyl Technical Assistance
GAE Total
2,9.55,000.00
**GAE total for all Contractors is .4,645,428. No minimum amount is guaranteed to Contractor. Funds are invoiced as earned per the terms of Exhibit A and the following Rate Schedule.
JBBS RATE
SCHEDULE
Statewide Maximum Salaries
Positions should be hired at salary levels indicative of qualifications, experience, and organization pay schedules. This table indicates a maximum salary
only. It is understood that many positions will be hired at lower salary levels than the state maximum.
Licensed Therapist
(LPC/LCSW/LAC/LMFT)*
$82,400/year
Unlicensed Master's Level Therapist or Substance Abuse Counselor (example CAS)*
$66,950/year
Unlicensed Bachelor's Level Therapist or Substance Abuse Counselor (example
CAS)*
$61,800/year
Case Manager (CM)
*
$56,650/year
Certified Addiction Technician (CAT)
$43,260/year
Physician Assistance (PA) *
$123,600/year
MD/DO
*
$258,805/year
JBBS Program Administrator (Primary responsibility of managing the jail's JBBS
program.) *
$100,522/year
Pre -sentence Coordinator *
$70,00/year
$131,933/year
Pharmacist (Pharm-D)
Registered Nurse *
$74,160/year
Data Entry Clerk
$41,200/year
Peer Support Specialist
$35,000/year
Qualified Medication Administration Person (QMAP)
S 15.50/hour
*BHA will reimburse salaries up to the state maximum
*BHA may consider rates 10% above statewide maximum salaries pending justification from jails and written pre -approval by BHA
Travel
Mileage (IRS rate) I
$0.59/mile
Operating Expenses
Maximum total percentage of contract budget 1 10%
Training and continuing education for jail employees/clinicians (including but not limited to QMAP, CIT, Motivational Interviewing, Mental Health First Aid,
Trauma Informed Care, (Certified Addiction Specialist -Classes only) may be included in the operating expenses
BHA may pay for one licensing test per clinician (NCE, MAC, NCAC). Up to $200 per clinician, per test.
BHA may consider operating expenses above 10% of total contract budget pending justification from jails and written pre -approval by BETA
Indirect Expenses
Maximum total percentage of contract budget I
10%
Page 1 of 2
Exhibit B-1
BHA may consider operating -xpenses above 10% of total contract budget pending justification from jails and written pre -approval by BHA
RECOVERY SUPPORT SER&'10ES
XI awed Services *
Additional Notes
Application Fees ID / Birth Cer_ti ates
Indigent Backpacks
Basic Hygiene Items
Bicycles
May be provided if client is engaged in treatment services for 2 + months post release. 1
bike per person.
Bus Pass — Daily, Monthly
Child Care
I month limit per client, per child
Clothing
Educational Costs ( books, suppiie , and fees)
90 day limit per person
Emergency Housing/Rental As_stznce
Food Assistance
Gas Vouchers
GED Program / Testing
Job Placement Training
Life Skills Training
Medical Assistance — copays / --ifctious disease testing
Limit of $250.00 per person
Medications
30 day limit per person
Personal Care (e.g. haircuts)
Phone Cards
Limit of S15.00 per person
Pre -paid Cell Phones
To be paid for upon release and after client attends 2 appointments in the community.
Cost of the phone and up to 2 months of bills.
Printed Resources
Transportation Assistance
Transportation to Residential T ea.ment
Out of state travel to treatment will need prior approval by BHA
UA / BAs
Limit of $100.00 per person
Utilities
1 month limit per client
* BHA may consider other expel ses pending justification from jails and written pre -approval by BHA
MEDICATIONS
Medication reimbursement will le based on a) providers established rate or b) jail purchase agreement rate or c) in the absence of an established rate or jail purchase
agreement rate the following 3114 rate schedule.
Psychotropic Medication wiltereimbursed at rate established on Preferred Drug List (PDL) which can be found at https://www.colorado.gov/hcpf/pharmacy
Medication
Rate
Methadone
$18/day. Methadone treatment, including medication and integrated psychosocial and
Naltrexone (oral)
Monthly Medication Rate: $85. Monthly Prescriber Rate: $150
Depot-naltrexone (injectable) ( Jiu.trol)
$1,376/unit; 380mg injection (extended release) per month
Buprenorphine
(pregnancy) - rag.
$41/month
Buprenorphine
(pregnancy)
- 2:r,g
$31 /month
Buprenorphine/naloxone
sublimgu.l film (suboxone) - 12mg/3mg
$275/month
Buprenorphine/naloxone sublitusl film (suboxone) - 8mg/2mg
$140/month
Buprenorphine/naloxone subliva1 film (suboxone) - 4mg/lmg
$140/month
Buprenorphine/naloxone sublitguil film (suboxone) - 2mg/0.5mg
$80/month
Naloxone (Narcan)
Unit Cost: $75. Prescriber Rate: $35
Suboxone and generics
$5.55 / unit X30 days = $166.50 for a 2mg-0.5mg dose; range can increase from 4mg-
Buprenorphine - 8mg
1
$41 /month
Buprenorphine - 2mg
$31 /month
Suballocate (injectable)
$1,376/unit; 380mg injection (extended release) per month
Revised 02_23_2022
**Payment to Contractor is mace from available funds encumbered and shared across multiple contractors. The State may increase or decrease the
total funds encumbered at it sde discretion and without formal notice to Contractor. No minimum payment is guaranteed to Contractor. The
liability of the State for such -payments is limited to the encumbered amount remaining of such funds.
Page 2 of 2
Exhibit C-1
Exhibit C-1
Miscellaneous Provisions
I. General Provisions and Requirements
A. Finance and Data Protocols
The Contractor shall comply with the Behavioral Health Administration's (BHA) most current
Finance and Data Protocols and the Behavioral Health Accounting and Auditing Guidelines,
made a part of this Contract by reference.
B. Marketing and Communications
The Contractor shall comply with the following marketing and communications requirements:
1. Reports or Evaluations. All reports or evaluations funded by BHA must be reviewed
by BHA staff, including program, data, and communications, over a period of no
fewer than 15 business days. The Contractor may be asked to place a report or
evaluation on an BHA template and the report or evaluation is required to display
the BHA logo. The Contractor shall submit the finished document to BHA in its
final format and as an editable Word or Google document.
2. Press Releases. All press releases about work funded by BHA must note that the
work is funded by the Colorado Department of Human Services, Behavioral Health
Administration. Press releases about work funded by BHA must be reviewed by
BHA program and communications staff over a period of no fewer than five
business days.
3. Marketing Materials. Contractor shall include the current Colorado Department of
Human Services, Behavioral Health Administration logo on any marketing
materials, such as brochures or fact sheets, that advertise programs funded by this
Contract. Marketing materials must be approved by the Contract's assigned BHA
program contract over a period of no fewer than 5 business days.
4. All Other Documents. All other documents published by the Contractor about its
BHA -funded work, including presentations or website content, should mention the
Colorado Department of Human Services, Behavioral Health Administration as a
funder.
5. Opinion of BHA. BHA may require the Contractor to add language to documents
that mention BHA reading: "The views, opinions and content expressed do not
necessarily reflect the views, opinions or policies of the Colorado Department of
Human Services, Behavioral Health Administration."
C. Start-up Costs
If the State reimburses the Contractor for any start-up costs and the Contractor closes the
program or facility within three years of receipt of the start-up costs, the Contractor shall
reimburse the State for said start-up costs within sixty (60) days of the closure. The Contractor
is not required to reimburse the State for start-up costs if the facility or program closure is due
to BHA eliminating funding to that specific program and/or budget line item.
Page 1 of 5
Exhibit C-1
D. Immediate Notification of Closures / Reductions in Force
If the Contractor intends to close a facility or program, it shall notify the BHA Contracts Unit
at least five business days prior to the closure. Similarly, if the Contractor, or any sub-
contractor provider, intends to conduct a reduction in force which affects a program funded
through this contract, the Contractor shall notify the BHA Contracts Unit at least five business
days prior to the layoffs.
E. Contract Contact Procedure
The Contractor shall submit all requests for BHA interpretation of this Contract or for
amendments to this Contract to the BHA Contract Manager.
F. Continuity of Operations Plan
1. In the event of an emergency resulting in a disruption of normal activities,
BHA may request that Contractor provide a plan describing how Contractor
will ensure the execution of essential functions of the Contract, to the extent
possible under the circumstances of the inciting emergency ("Continuity of
Operations Plan" or "Plan").
2. The Continuity of Operations Plan must be specific and responsive to the
circumstances of the identified emergency.
3. BHA will provide formal notification of receipt of the Continuity of
Operations Plan to the Contractor.
4. The Continuity of Operations Plan will not impact or change the budget or
any other provisions of the contract, and Contractor's performance will be
held to the same standards and requirements as the original Contract terms,
unless otherwise specified in the Continuity of Operations Plan.
5. Any submitted Continuity of Operations Plan will be ratified as an
amendment to the contract as soon as possible.
6. Contractor shall communicate, in a format mutually agreed upon by BHA
and Contractor staff, on a frequency that supports the monitoring of services
under the Continuity of Operations Plan. If adjustments are needed to the
Plan, such adjustments will be made in writing and accompanied by written
notice of receipt from BHA.
a.As part of the BHA/Contractor communication during the emergency,
Contractor and BHA will evaluate whether the emergency has
resolved such that normal operations may be resumed.
b.Contractor and BHA will agree in writing when the emergency
situation is sufficiently resolved and agree to a closeout period that is
four weeks or less.
c.BHA will submit notice accepting the termination of the Continuity
of Operations Plan to the Contractor as the final action for any
qualifying emergency response.
Page 2 of 5
Exhibit C-1
G. Cultural Responsiveness in Service Delivery
1. The Behavioral Health Administration expects funding dollars to support equity in
access, services provided, and behavioral health outcomes among individuals of all
cultures, gender identities, sexual orientations, races, and ethnicities. Accordingly,
Contractors should collect and use data to: (1) identify priority populations vulnerable
to health disparities encompassing the contractor's entire geographic service area
(e.g., racial, ethnic, limited English speaking, indigenous, sexual orientation, gender
identity groups, etc.) and (2) implement strategies to decrease the disparities in access,
service use, and outcomes —both within those subpopulations and in comparison to
the general population.
2. One strategy for addressing health disparities is the use of the recently revised
National Standards for Culturally and Linguistically Appropriate Services in Health
and Health Care (CLAS). The U.S. Department of Health and Human Services (HHS)
Think Cultural Health website (https://thinkculturalhealth.hhs.gov/) also features
information, continuing education opportunities, resources, and more for health and
health care professionals to learn about culturally and linguistically appropriate
services, or CLAS.
3. Contractors providing direct behavioral health prevention, treatment, or recovery
services shall submit one of the following two documents to
CDHS BHAdeliverables@state.co.us by August 31 annually:
a. If a provider has completed an equity plan that identifies how they will
address health equity, they can submit the plan or;
b.Submit a completed CLAS checklist that follows this HHS format:
https://thinkculturalhealth.hhs.gov/assets/pdfs/AnImplementationChecklistfort
heNationalCLASStandards.pdf
H. Prohibition on Marijuana. Funds may not be used, directly or indirectly, to purchase,
prescribe, or provide marijuana or treatment using marijuana. Treatment in this context
includes the treatment of opioid use disorder. Funds also cannot be provided to any individual
who or organization that provides or permits marijuana use for the purposes of treating
substance use or mental disorders. This prohibition does not apply to those providing such
treatment in the context of clinical research permitted by the DEA and under an FDA -
approved investigational new drug application where the article being evaluated is marijuana
or a constituent thereof that is otherwise a banned controlled substance under federal law.
II. Use of Subcontracts.
A. Services described in this Contract may be performed by Contractor or by a subcontractor,
except where this Contract states explicitly that a service must not be subcontracted.
1. To the extent a subcontractor is used, the Contractor shall provide a copy of the subcontract
to BHA at CDHS_BHAdeliverables@state.co.us.
2. Contractor shall ensure that its subcontractors perform to the terms of this Contract as set
forth in the Contract provisions.
Page 3 of 5
Exhibit C-1
B. Any suboontract for services must include, at a minimum, the following:
1. A description of each partner's participation
2. Responsibilities to the program (policy and/or operational)
3. Resources the subcontractor will contribute, reimbursement rates, services to be included
and processes in collecting and sharing data and the most recent CDHS version of the
HIPAA Business Associates Addendum, if this Contract contains the HIPAA Business
Associates Addendum/Qualified Service Organization Addendum as an exhibit.
4. A copy of this Contract and all its terms and conditions.
C. The Contractor shall provide to BHA a copy of any proposed subcontract between the
Contractor and any potential provider of services to fulfill any requirements of this Contract, to
CDHS_I$IAdeliverables@state.co.us within 30 days of subcontract execution.
D. BHA reserves the right to require Contractor to renegotiate subcontracts where necessary to
adhere tothe terms of this Contract.
E. Subcontractor/Partnership Termination. In the event where partnerships with a subcontractor
such as a treatment provider is terminated, the Contractor shall transition to a new partnership
no later than 30 days from termination to ensure continuity of care for all participants of the
program.
III. Financial Requirements
A. Funding Sources
1. The Contractor shall identify all funds delivered to subcontractors as state general fund,
stage cash funds, or federal grant dollars in Exhibit B, "Budget."
2. If a Single Audit is performed in accordance with Section III.B. above, the Contractor shall
report the amount of the federal grant identified in the budget under the CFDA number
identlied on the first page of this Contract.
3. The Contractor shall communicate the CFDA number to all sub -contractors in their sub-
contracts.
B. Budget Reallocations
1. The Contractor may reallocate funds between the budget categories of this contract, up to
10% of the total contract amount, upon written approval by BHA, without a contract
amendment. Any allowable reallocation is still subject to the limitations of the
Not to Exceed and the Maximum Amount Available per Fiscal Year.
C. Payment Terms
1. The Contractor shall invoice monthly for services, no later than the 20th of the month
following when services are provided.
2. The Contractor shall utilize the invoice template(s) provided by BHA.
3. All payment requests shall be submitted electronically to
CDHS_BHApayment@state.co.us
4. Any requests for payment received after September 10th for the prior state fiscal year cannot
be processed by BHA.
Page 4 of 5
Exhibit C-1
5. The State will make payment on invoices within 45 days of receipt of a correct and complete
invoice to CDHS_BHApayment@state.co.us. Consequently, the Contractor must have
adequate solvency to pay its expenses up to 45 days after invoice submission to the State.
Page 5 of 5
ISO
FinaneLsiSerrices
COLORADO
DIAS,. of Contracts and Procurement
EXHIBIT E - Supplemental Provisions for Federal Awards
For the purposes of this Exhibit only, Contractor is also identified as "Subrecipient." This Contract has been funded, in
whole or in part, with an award of Federal funds. In the event of a conflict between the provisions of these Supplemental
Provisions for Federal Awards, the Special Provisions, the Contract or any attachments or exhibits incorporated into and
made a part of the Contract, the Supplemental Provisions for Federal Awards shall control. In the event of a conflict
between the Supplemental Provisions for Federal Awards and the FFATA Supplemental Provisions (if any), and/or
exhibit regarding SLFRF Federal Provisions, the terms re FFATA and/or SLFRF shall control. If the source of the funding
of the Contract is a grant, these Federal Provisions are subject to the Award as defined in §2 of these Federal Provisions,
as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institutions of
higher education.
1) Federal Award Identification
i. Subrecipient: County of Weld;
ii. Subrecipient UEI number: MKKXT9U9MTV5;
iii. The Federal Award Identification Number (FAIN) is SLFRP0126;
iv. The Federal award date is: March 3, 2021;
v. The subaward period of performance start date is July 1, 2022, and end date is June 30, 2023;
vi. Federal Funds:
Contract or
Fiscal Year
Amount of Federal funds
obligated by this Contract
Total amount of Federal
funds obligated to the
Subrecipient
Total amount of the
Federal Award committed
to Subrecipient by CDHS
FY 2023
ARPA —
MAT GAE
$ as earned from Pooled
Encumbrance
$ as earned from Pooled
Encumbrance
$ as earned from Pooled
Encumbrance
vii. Federal award project description: provide recovery support services to target populations.
viii. The name of the Federal awarding agency is Substance Abuse and Mental Health Services Administration
(SAMHSA); the name of the pass -through entity is the State of Colorado, Department of Human Services
(CDHS); and the contact information for the awarding official for MHBG is: Steven Fry, Division of Grants
Management, SAMHSA, 7-1109, 1 Choke Cherry Road, Rockville, MD 20857, 240-276-1422,
Steven.Fryctysamhsa.hhs.gov.;
ix. The Catalog of Federal Domestic Assistance (CFDA) number is 21.027, name is American Rescue Plan Act,
and dollar amount is $5,000,000.00;
x. This award is not for research & development;
xi. The indirect cost rate for the Federal award (including if the de minimis rate is charged per 2 CFR §200.414
Indirect (F&A) costs) is pre -determined based upon the State of Colorado and CDHS cost allocation plan.
2) All requirements imposed by CDHS on Subrecipient so that the Federal award is used in accordance with Federal
statutes, regulations, and the terms and conditions of the Federal award, are stated in Exhibit F-1.
Supplemental Provisions forFederal Awards Page 1 of 10
Revised December 2021
3) Any additional requirements that CDHS imposes on Subrecipient in order for CDHS to meet its own responsibility to
the Federal awarding agency, including identification of any required financial and performance reports, are stated in
Exhibit A.
4) Subrecipient's approved indirect cost rate is 0 %.
5) Subrecipient must permit CDHS and auditors to have access to Subrecipient's records and financial statements as
necessary for CDHS to meet the requirements of 2 CFR §200.331 Requirements for pass -through entities, §§ 200.300
Statutory and National Policy Requirements through §200.309 Period of performance, and Subpart F —Audit
Requirements of this Part.
6) The appropriate terms and conditions concerning closeout of the subaward are listed in Section 16 of this Exhibit and
N/A.
7) Performance and Final Status. Subrecipient shall submit all financial, performance, and other reports to CDHS no
later than 30 calendar days after the period of performance end date or sooner termination of this Contract containing
an evaluation and review of Subrecipient's performance and the final status of Subrecipient's obligations hereunder.
8) Matching Funds
If a box
below is checked, the accompanying provision applies.
i. IJ Subrecipient is not required to provide matching funds.
ii. ❑ Subrecipient shall provide matching funds as stated in n/a. Subrecipient shall have raised the full
amount of matching funds prior to the Effective Date and shall report to CDHS regarding the status of such
funds upon request. Subrecipient's obligation to pay all or any part of any matching funds, whether direct or
contingent, only extends to funds duly and lawfully appropriated for the purposes of this Contract by the
authorized representatives of the Subrecipient and paid into the Subrecipient's treasury or bank account.
Subrecipient represents to CDHS that the amount designated as matching funds has been legally appropriated
for the purposes of this Contract by its authorized representatives and paid into its treasury or bank account.
Subrecipient does not by this Contract irrevocably pledge present cash reserves for payments in future fiscal
years, and this Contract is not intended to create a multiple -fiscal year debt of the Subrecipient. Subrecipient
shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as
required by Subrecipient's laws or policies.
1. DEFINITIONS.
1.1. For the purposes of these Federal Provisions, the following terms shall have the meanings ascribed to them
below.
1.1.1. "Award" means an award of Federal financial assistance, and the Contract setting forth the terms and
conditions of that financial assistance, that a non -Federal Entity receives or administers.
1.1.1.1.1. Awards may be in the form of:
1.1.1.1.2. Grants;
1.1.1.1.3. Contracts;
1.1.1.1.4. Cooperative Contracts, which do not include cooperative research and development
Contracts (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as amended (15 U.S.C.
3710);
1.1.1.1.5. Loans;
1.1.1.1.6. Loan Guarantees;
1.1.1.1.7. Subsidies;
1.1.1.1.8. Insurance;
Supplemental Provisions for Federal Awards Page 2 of 10
Revised December 2021
1.1.1.1.9. Food commodities;
1.1.1.1.10. Direct appropriations;
1.1.1.1.11. Assessed and voluntary contributions; and
1.1.1.1.12. Other financial assistance transactions that authorize the expenditure of Federal funds by
not r -Federal Entities.
1.1.1.1.13. Any other items specified by OMB in policy memoranda available at the OMB website or
other source posted by the OMB.
1.1.1.2.
1.1.1.2.1.
Award does not include:
Technical assistance, which provides services in lieu of money;
1.1.1.22. A transfer of title to Federally -owned property provided in lieu of money; even if the award
is called a grant;
1.1.1.23. 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 § 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. "Date. Universal Numbering System (DUNS) Number" means the nine -digit number established and
assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet's website
may be found at: http://fedgov.dnb.com/webform.
1.1.5. "Entity' means:
1.1.5.1. If the source of funding is a Grant:
1.1.5.1.1. a Non -Federal Entity;
1.1.5.1.2. a foreign public entity;
1.1.5.1.3. a foreign organization;
1.1.5.1.4. a non-profit organization;
1.1.5.1.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
1.1.5.1.6. a foreign non-profit organization (only for 2 CFR part 170) only);
1.1.5.1.7. a Federal agency, but only as a Subrecipient under an Award or Subaward to a
non -Federal entity (or 2 CFR 200.1); or
1.1.5.1.8. a foreign for-profit organization (for 2 CFR part 170 only).
1.1.52. 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;
1.1.5.3. a foreign public entity;
1.1.5.4. a domestic or foreign non-profit organization;
1.1.5.5. a domestic or foreign for-profit organization; and
Supplemental Provisions for Federal Awards Page 3 of 10
Revised December 2021
1.1.5.6. 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.
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 corporation, trust, association, cooperative, or other organization, not
including IHEs, 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; and
1.1.13.3. Uses net proceeds to maintain, improve, or expand the operations of the organization.
1.1.14. "OMB" means the Executive Office of the President, Office of Management and Budget.
1.1.15. "Pass -through Entity" means a non -Federal Entity that provides a Subaward to a Subrecipient to carry out
part of a Federal program.
1.1.16. "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 by a Prime Recipient to a Subrecipient funded in whole or in part by a Federal
Award. The terms and conditions of the Federal Award flow down to the Subaward unless the terms and
conditions of the Federal Award specifically indicate otherwise in accordance with 2 CFR 200.101 or 2
CFR 200.38, as applicable. The term does not include payments to a contractor or payments to an individual
that is a beneficiary of a Federal program.
1.1.18. "Subrecipient" or, if the source of funding is a Grant, "Subgrantee" means a non -Federal Entity (or a Federal
agency under an Award or Subaward to a non -Federal Entity) receiving Federal funds through a Prime
Recipient to support the performance of the Federal project or program for which the Federal funds were
awarded. A Subrecipient is subject to the terms and conditions of the Federal Award -to the Prime Recipient,
including program compliance requirements. The term "Subrecipient" includes and may be referred to as
Subgrantee. The term does not include an individual who is a beneficiary of a federal program.
1.1.19. "Subrecipient Parent DUNS Number" means the subrecipient parent organization's 9 -digit Data Universal
Numbering System (DUNS) number that appears in the subrecipient's System for Award Management
(SAM) profile, if applicable.
Supplemental Provisions for Federal Awards Page of 10
Revised December 2021
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.gov.
1.1.21. "Total Compensation" means the cash and noncash dollar value earned by an Executive during the Prime
Recipient's or Subrecipient's preceding fiscal year (see 48 CFR 52.204-10, as prescribed in 48 CFR
4.1403(a), as applicable) and includes the following:
1.1.211. Salary and bonus;
1.1.212. Awards of stock, stock options, and stock appreciation rights, using the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005)
(FAS 123R), Shared Based Payments;
1.1.213. Earnings for services under non -equity incentive plans, not including group life, health,
hospitalization or medical reimbursement plans that do not discriminate in favor of Executives
and are available generally to all salaried employees;
1.1.21A. Change in present value of defined benefit and actuarial pension plans;
1.1.215. Above -market earnings on deferred compensation which is not tax -qualified;
1.1.21.5. Other compensation, if the aggregate value of all such other compensation (e.g., severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property) for the Executive exceeds $10,000.
1.1.22. "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
subject to the terms and conditions of the Federal award. Program compliance requirements do not pass
through to a Vendor.
2. COMPLIANCE.
2.1. ContractnrCrantee 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 DATA UNIVERSAL NUMBERING SYSTEM (DUNS)
REQUIREMENTS.
3.1. SAM. Contractor/Grantee shall maintain the currency of its information in SAM until the Contractor/Grantee
submits the final financial report required under the Award or receives final payment, whichever is later.
Contractor/Crantee shall review and update SAM information at least annually after the initial registration, and
more frequently if required by changes in its information.
Supplemental Provisions for Federal Awards Page 5 of 10
Revised December 2021
3.2. DUNS. Contractor/Grantee shall provide its DUNS number to its Prime Recipient, and shall update
Contractor's/Grantee's information in Dun & Bradstreet, Inc. at least annually after the initial registration, and
more frequently if required by changes in Contractor's/Grantee's information.
4. TOTAL COMPENSATION.
4.1. Contractor/Grantee shall include Total Compensation in SAM for each of its five most highly compensated
Executives for the preceding fiscal year if:
4.1.1. The total Federal funding authorized to date under the Award is $30,000 or more if the source of funding
is a Grant, or otherwise $25,000 or more if the source of funding is not a Grant; and
4.1.2. In the preceding fiscal year, Contractor/Grantee received:
4.1.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts
and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and
4.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement contracts and
subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency
Act if the source of funding is a Grant or otherwise $25,000,000 or more in annual gross revenues
from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards
or Subawards subject to the Transparency Act if the source of funding is not a Grant; and
4.1.2.3. The public does not have access to information about the compensation of such Executives through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986.
5. REPORTING.
5.1. If Contractor/Grantee is a Subrecipient of the Award pursuant to the Transparency Act, Grantee shall report
data elements to SAM and to the Prime Recipient as required in this Exhibit. No direct payment shall be made
to Grantee for providing any reports required under these Federal Provisions and the cost of producing such
reports shall be included in the Contract/Grant price. The reporting requirements in this Exhibit are based on
guidance from the US Office of Management and Budget (OMB), and as such are subject to change at any time
by OMB. Any such changes shall be automatically incorporated into this Contract/Grant and shall become part
of Contractor's/Grantee's obligations under this Contract/Grant.
6. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING.
6.1. If the source of funding is a Grant, Reporting requirements in §8 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.
6.2. If the source of funding is not a Grant, Reporting requirements in §8 below apply to new Awards as of October
1, 2010, if the initial award is $25,000 or more. If the initial Award is below $25,000 but subsequent Award
modifications result in a total Award of $25,000 or more, the Award is subject to the reporting requirements as
of the date the Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently
de -obligated such that the total award amount falls below $25,000, the Award shall continue to be subject to
the reporting requirements.
6.3. The procurement standards in §9 below are applicable to new Awards made by Prime Recipient as of December
26, 2015. The standards set forth in §11 below are applicable to audits of fiscal years beginning on or after
December 26, 2014.
7. SUBRECIPIENT REPORTING REQUIREMENTS.
7.1. If Contractor/Grantee is a Subrecipient, Contractor/Grantee shall report as set forth below.
Supplemental Provisions for Federal Awards Page 6 of 10
Revised December 2021
7.1.1. To SAM. A Subrecipient shall register in SAM and report the following data elements in SAM for each
Federal Award Identification Number (FAIN) assigned by a Federal agency to a Prime Recipient no later
than the end of the month following the month in which the Subaward was made:
7.1.1.1. Subrecipient DUNS Number;
7.1.1.2. Subrecipient DUNS Number if more than one electronic funds transfer (EFT) account;
7.1.1.3. Subrecipient parent's organization DUNS Number;
7.1.1.4. Subrecipient's address, including: Street Address, City, State, Country, Zip (+ 4 if source of
funding is a Grant or as otherwise directed per SAM directives for proper reporting), and
Congressional District;
7.1.1.5. Subrecipient's top 5 most highly compensated Executives if the criteria in §4 above are met;
and
7.1.1.6. Subrecipient's Total Compensation of top 5 most highly compensated Executives if the criteria
in §4 above met.
7.1.2. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the
Contract/Grant, the following data elements:
7.1.2.1. Subrecipient's DUNS Number as registered in SAM.
7.1.2.2. Primary Place of Performance Information, including: Street Address, City, State, Country, Zip
code + 4, and Congressional District.
8. PROCUREMENT STANDARDS.
8.1. Procurement Procedures. A Subrecipient shall use its own documented procurement procedures which reflect
applicable State, local, and Tribal laws and applicable regulations, provided that the procurements conform to
applicable Federal law and the standards identified in the Uniform Guidance, including without limitation, 2
CFR 200.318 through 200.327 thereof.
8.2. If the source of funding is a Grant: Domestic preference for procurements (2 CFR 200.322). As appropriate
and to the extent consistent with law, the non -Federal entity should, to the greatest extent practicable under a
Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials
produced in the United States (including but not limited to iron, aluminum, steel, cement, and other
manufactured products). The requirements of this section must be included in all subawards including all
contracts and purchase orders for work or products under this award.
8.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of a political subdivision
of the State, its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the
highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of
competition. where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during
the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement
of recovered materials identified in the EPA guidelines.
9. ACCESS TO RECORDS.
9.1. A Subrecipient shall permit Recipient/Prime Recipient and its auditors to have access to Subrecipient's records
and financial statements as necessary for Recipient to meet the requirements of 2 CFR 200.311-200.332
(Requirements for pass -through entities), 2 CFR 200.300 (Statutory and national policy requirements) through
2 CFR 200.309 (Period of performance), and Subpart F -Audit Requirements of the Uniform Guidance.
10. SINGLE AUDIT REQUIREMENTS.
Supplemental Provisions for Federal Awards Page 7 of 10
Revised December 2021
10.1. If a Subrecipient expends $750,000 or more in Federal Awards during the Subrecipient's fiscal year, the
Subrecipient shall procure or arrange for a single or program -specific audit conducted for that year in
accordance with the provisions of Subpart F -Audit Requirements of the Uniform Guidance, issued pursuant to
the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR 200.501.
10.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with Uniform Guidance 2 CFR
200.514 (Scope of audit), except when it elects to have a program -specific audit conducted in accordance
with 2 CFR 200.507 (Program -specific audits). The Subrecipient may elect to have a program -specific
audit if Subrecipient expends Federal Awards under only one Federal program (excluding research and
development) and the Federal program's statutes, regulations, or the terms and conditions of the Federal
award do not require a financial statement audit of Prime Recipient. A program -specific audit may not be
elected for research and development unless all of the Federal Awards expended were received from
Recipient and Recipient approves in advance a program -specific audit.
10.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during its fiscal year, the
Subrecipient shall be exempt from Federal audit requirements for that year, except as noted in 2 CFR
200.503 (Relation to other audit requirements), but records shall be available for review or audit by
appropriate officials of the Federal agency, the State, and the Government Accountability Office.
10.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise arrange for the audit
required by Subpart F of the Uniform Guidance and ensure it is properly performed and submitted when
due in accordance with the Uniform Guidance. Subrecipient shall prepare appropriate financial statements,
including the schedule of expenditures of Federal awards in accordance with 2 CFR 200.510 (Financial
statements) and provide the auditor with access to personnel, accounts, books, records, supporting
documentation, and other information as needed for the auditor to perform the audit required by Uniform
Guidance Subpart F -Audit Requirements.
11. CONTRACT/GRANT PROVISIONS FOR SUBRECEPIENT CONTRACTS.
11.1. In addition to other provisions required by the Federal Awarding Agency or the Prime Recipient,
Contractors/Grantees that are Subrecipients shall comply with the following provisions. Subrecipients shall
include all of the following applicable provisions in all subcontracts entered into by it pursuant to this
Contract/Grant.
11.1.1. [Applicable to federally assisted construction contracts.] Equal Employment Opportunity. Except as
otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted
construction contract" in 41 CFR Part 60-13 shall include the equal opportunity clause provided under 41
CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR
12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41
CFR part 60, Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor.
11.1.2. [Applicable to on -site employees working on government -funded construction, alteration and repair
projects.] Davis -Bacon Act. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148).
11.13. Rights to Inventions Made Under a contract/grant or agreement. If the Federal Award meets the definition
of "funding agreement"! "funding Contract" under 37 CFR 401.2 (a) and the Prime Recipient or
Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, or research work
under that "funding agreement,"/"funding Contract", the Prime Recipient or Subrecipient must comply with
the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the Federal Awarding Agency.
Supplemental Provisions for Federal Awards Page 8 of 10
Revised December 2021
11.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-
1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision
that requires the non -Federal awardee(s) to agree to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding
Agency and the Regional Office of the Environmental Protection Agency (EPA).
11.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must
not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986
Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions
contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
11.1.6. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding
$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not
used Federal appropriated funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that
takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to
tier up to the non -Federal award.
11.1.7. Never contract with the enemy (2 CFR 200.215). Federal awarding agencies and recipients are subject to
the regulations implementing "Never contract with the enemy" in 2 CFR part 183. The regulations in 2
CFR part 183 affect covered contracts, grants and cooperative agreements that are expected to exceed
$50,000 within the period of performance, are performed outside the United States and its territories, and
are in support of a contingency operation in which members of the Armed Forces are actively engaged in
hostilities.
11.1.8. Prohibition on certain telecommunications and video surveillance services or equipment (2 CFR 200.216).
Grantee is prohibited from obligating or expending loan or grant funds on certain telecommunications and
video surveillance services or equipment pursuant to 2 CFR 200.216.
12. CERTIFICATIONS.
12.1. Unless prohibited by Federal statutes or regulations, Recipient/Prime Recipient may require Subrecipient to
submit certifications and representations required by Federal statutes or regulations on an annual basis. 2 CFR
200.208. Submission may be required more frequently if Subrecipient fails to meet a requirement of the Federal
award. Subrecipient shall certify in writing to the State at the end of the Award that the project or activity was
completed or the level of effort was expended. 2 CFR 200.201(3). If the required level of activity or effort was
not carried out, the amount of the Award must be adjusted.
13. EXEMPTIONS.
13.1. These Federal Provisions do not apply to an individual who receives an Award as a natural person, unrelated to
any business or non-profit organization he or she may own or operate in his or her name.
13.2. A Contractor/Grantee with gross income from all sources of less than $300,000 in the previous tax year is
exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated
Executives.
14. EVENT OF DEFAULT AND TERMINATION.
14.1. Failure to comply with these Federal Provisions shall constitute an event of default under the Contract/Grant
and the State of Colorado may terminate the Contract/Grant upon 30 days prior written notice if the default
remains uncured five calendar days following the termination of the 30 -day notice period. This remedy will be
in addition to any other remedy available to the State of Colorado under the Contract/Grant, at law or in equity.
14.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part as follows:
Supplemental Provisions for Federal Awards Page 9 of 10
Revised December 2021
14.2.1. By the Federal Awarding Agency or Pass -through Entity, if a Non -Federal Entity fails to comply with the
terms and conditions of a Federal Award;
14.2.2. By the Federal awarding agency or Pass -through Entity, to the greatest extent authorized by law, if an award
no longer effectuates the program goals or agency priorities;
14.2.3. By the Federal awarding agency or Pass -through Entity with the consent of the Non -Federal Entity, in
which case the two parties must agree upon the termination conditions, including the effective date and, in
the case of partial termination, the portion to be terminated;
14.2.4. By the Non -Federal Entity upon sending to the Federal Awarding Agency or Pass -through Entity written
notification setting forth the reasons for such termination, the effective date, and, in the case of partial
termination, the portion to be terminated. However, if the Federal Awarding Agency or Pass -through Entity
determines in the case of partial termination that the reduced or modified portion of the Federal Award or
Subaward will not accomplish the purposes for which the Federal Award was made, the Federal Awarding
Agency or Pass -through Entity may terminate the Federal Award in its entirety; or
14.2.5. By the Federal Awarding Agency or Pass -through Entity pursuant to termination provisions included in the
Federal Award.
EXHIBIT END
Supplemental Provisions for Federal Awards Page 10 of 10
Revised December 2021
V.4
a
COLORADO
Financial Services
oepa,rx a Human services
Division of Contracts and Procurenwnt
EXHIBIT F- SLFRF SUBRECIPIENT PROVISIONS EXHIBIT
(CDHS)
This Exhibit and the Appendices hereto apply regarding the use of State and Local Fiscal Recovery
Funds (SLFRF) to comply with requirements established by the U.S. Department of Treasury and
the Colorado Department of Personnel & Administration, Office of the State Controller re the
Colorado Department of Human Services (CDHS).
This SLFRF Provisions Exhibit may supplement other Exhibit(s) to the instant Agreement. In the
event that terms on prior Exhibit(s) to the instant Agreement conflict with this SLFRF Provisions
Exhibit, this Exhibit shall control and take precedence.
The ContractorNendor/Other Agency entity with which the Colorado Department of Human
Services (CDHS) is contracting per this Agreement may be referred to as "Subrecipient" herein,
the designation per controlling law and mandates. This "Subrecipient" designation shall apply in
this context notwithstanding prior definition(s) of any entity to this agreement as "Contractor" or
any other title.
Subrecipient must agree to and comply with the terms of these SLFRF Provisions in order to
receive and use these funds. Subrecipient shall execute not only the instant Agreement, but also
specifically the Certification Agreement appendix to the instant Exhibit. A failure to also
separately execute the Certification Agreement appendix hereto shall not relieve Subrecipient of
the rules/obligations set forth herein; such a clerical error must be promptly remedied upon
discovery by notifying the CDHS office/program contact, who can then assist with the logistics of
mandatory signing, which shall retroactively apply.
In the event that Subrecipient is/was in receipt of SLFRF funding from CDHS prior to execution
of the instant Exhibit, Subrecipient understands that its obligations set forth herein with regards to
that funding shall retroactively apply.
The regulations and requirements surrounding receipt and use of SLFRF funding is an evolving
subject matter as established by the U.S. Department of Treasury and put into established policy
by the Colorado Department of Personnel & Administration, Office of the State Controller for use
with CDHS Agreements. As such, Subrecipient agrees to execute any additional
Agreements/Amendments as required by CDHS to establish and/or update these procedures.
Subrecipient agrees to accept written notice from CDHS of updates to these requirements and to
comply wilt same forthwith, even if prior to or without a formal Amendment to the Agreement to
1
V.4
update this Exhibit or the rules/requirements established herein. Regardless, if CDHS requests that
Subrecipient execute an Amendment to formalize implementation of and/or acknowledgment of
updates to this Exhibit, Subrecipient shall promptly comply.
Subrecipient agrees to stay abreast of and comply with the most current iterations of the
requirements re SLFRF funding set forth on https://osc.colorado.gov/american-rescue-plan-act
(see SLFRF Grant Agreement Templates Tab).
APPENDIX 1 TO SLFRF EXHIBIT- BUDGET SUPPLEMENT
1. BUDGET BY US TREASURY EXPENDITURE CATEGORY
1.1 Expenditure Categories identified in this Appendix will determine what is reported on as
outlined in the all following Appendices to this Exhibit.
Project
Number
Project Title
US Treasury Expenditure Category
Number and Name
Budget
PHI360
Technical Assistance to
Jails
1.13 Substance Use Services
As earned from
General Accounting
Encumbrance (GAE)
Total
As earned from
General Accounting
Encumbrance (GAE)
2. BUDGET BY FUNCTION
3. EXPENDITURE CATEGORY MODIFICATIONS
.1 Increases or decreases in any Expenditure Category must be requested and approved by the
State Agency by using the SLFRF Expenditure Modification Form. This form can be found
at: https://osc.colorado.gov/american-rescue-plan-act (see SLFRF Grant Agreement
Templates Tab). In no event may this be used to modify the overall total of this Agreement
or otherwise any non SLFRF expenditures.
APPENDIX 2 TO SLFRF EXHIBIT- FEDERAL PROVISIONS
SUPPLEMENT
1. APPLICABILITY OF PROVISIONS.
2
V.4
1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or in
part, with an Award of Federal funds. In the event of a conflict between the provisions of
these Federal Provisions, the Special Provisions, the body of the Grant, or any attachments
or exhibits incorporated into and made a part of the Grant, the provisions of these Federal
Provisions shall control.
1.2. The State of Colorado is accountable to Treasury for oversight of their subrecipients,
including ensuring their subrecipients comply with the SLFRF statute, SLFRF Award
Terms and Conditions, Treasury's Final Rule, and reporting requirements, as applicable.
1.3. Additionally, any subrecipient that issues a subaward to another entity (2nd tier
subrecipient), must hold the 2nd tier subrecipient accountable to these provisions and
adhere to reporting requirements.
1.4. These Federal Provisions are subject to the Award as defined in §2 of these Federal
Provisions, as may be revised pursuant to ongoing guidance from the relevant Federal or
State of Colorado agency or institutions of higher education.
2. DEFINITIONS.
2.1. For the purposes of these Federal Provisions, the following terms shall have the
meanings ascribed to them below.
2.1.1. "Award" means an award of Federal financial assistance, and the Grant
setting forth the terms and conditions of that financial assistance, that a non -Federal
Entity receives or administers.
2.1.2. "Entity" means:
2.1.2.1. a Non -Federal Entity;
2.1.2.2. a foreign public entity;
2.1.2.3. a foreign organization;
2.1.2.4. a non-profit organization;
2.1.2.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
2.1.2.6. a foreign non-profit organization (only for 2 CFR part 170) only);
2.1.2.7. a Federal agency, but only as a Subrecipient under an Award or Subaward
to a non -Federal entity (or 2 CFR 200.1); or
2.1.2.8. a foreign for-profit organization (for 2 CFR part 170 only).
2.1.3. "Executive" means an officer, managing partner or any other employee in
a management position.
2.1.4. "Expenditure Category (EC)" means the category of eligible uses as defined
by the US Department of Treasury in "Appendix 1 of the Compliance and
Reporting Guidance, State and Local Fiscal Recovery Funds" report available at
www.treasury.gov.
2.1.5. "Federal Awarding Agency" means a Federal agency providing a Federal
Award to a Recipient as described in 2 CFR 200.1
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2.1.6. "Grant" means the Grant to which these Federal Provisions are attached.
2.1.7. "Grantee" means the party or parties identified as such in the Grant to which
these Federal Provisions are attached.
2.1.8. "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.
2.1.9. "Nonprofit Organization" means any corporation, trust, association,
cooperative, or other organization, not including IHEs, that:
2.1.9.1. Is operated primarily for scientific, educational, service, charitable, or
similar purposes in the public interest;
2.1.9.2. Is not organized primarily for profit; and
2.1.9.3. Uses net proceeds to maintain, improve, or expand the operations of the
organization.
2.1.10. "OMB" means the Executive Office of the President, Office of
Management and Budget.
2.1.11. "Pass -through Entity" means a non -Federal Entity that provides a Subaward
to a Subrecipient to carry out part of a Federal program.
2.1.12. "Prime Recipient" means the Colorado State agency or institution of higher
education identified as the Grantor in the Grant to which these Federal Provisions
are attached.
2.1.13. "Subaward" means an award by a Prime Recipient to a Subrecipient funded
in whole or in part by a Federal Award. The terms and conditions of the Federal
Award flow down to the Subaward unless the terms and conditions of the Federal
Award specifically indicate otherwise in accordance with 2 CFR 200.101. The term
does not include payments to a Contractor or payments to an individual that is a
beneficiary of a Federal program.
2.1.14. "Subrecipient" or "Subgrantee" means a non -Federal Entity (or a Federal
agency under an Award or Subaward to a non -Federal Entity) receiving Federal
funds through a Prime Recipient to support the performance of the Federal project
or program for which the Federal funds were awarded. A Subrecipient is subject to
the terms and conditions of the Federal Award to the Prime Recipient, including
program compliance requirements. The term does not include an individual who is
a beneficiary of a federal program.
2.1.15. "System for Award Management (SAM)" means the Federal repository into
which an Entity must enter the information required under the Transparency Act,
which may be found at http://www.sam.gov. "Total Compensation" means the cash
and noncash dollar value earned by an Executive during the Prime Recipient's or
Subrecipient's preceding fiscal year (see 48 CFR 52.204-10, as prescribed in 48
CFR 4.1403(a)) and includes the following:
2.1.15.1. Salary and bonus;
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2.1.15.2. Awards of stock, stock options, and stock appreciation rights, using the
dollar amount recognized for financial statement reporting purposes with
respect to the fiscal year in accordance with the Statement of Financial
Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based
Payments;
2.1.15.3. Earnings for services under non -equity incentive plans, not including group
life, health, hospitalization or medical reimbursement plans that do not
discriminate in favor of Executives and are available generally to all salaried
employees;
2.1.15.4. Change in present value of defined benefit and actuarial pension plans;
2.1.15.5. Above -market earnings on deferred compensation which is not tax -
qualified;
2.1.15.6. Other compensation, if the aggregate value of all such other compensation
(e.g., severance, termination payments, value of life insurance paid on
behalf of the employee, perquisites or property) for the Executive exceeds
$10,000.
2.1.16. "Transparency Act" means the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public
Law 110-252.
2.1.17. "Uniform Guidance" means the Office of Management and Budget
Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. The terms and conditions of the Uniform Guidance flow down
to Awards to Subrecipients unless the Uniform Guidance or the terms and
conditions of the Federal Award specifically indicate otherwise.
2.1.18. "Unique Entity ID" means the Unique Entity ID established by the federal
government for a Grantee at https://sam.gov/content/home.
3. COMPLIANCE.
3.1. Grantee shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance,
and all applicable Federal Laws and regulations required by this Federal Award. Any
revisions to such provisions or regulations shall automatically become a part of these
Federal Provisions, without the necessity of either party executing any further
instrument. The State of Colorado, at its discretion, may provide written notification to
Grantee of such revisions, but such notice shall not be a condition precedent to the
effectiveness of such revisions.
3.2. Per US Treasury Final Award requirements, grantee programs or services must not
include terms or conditions that undermine efforts to stop COVID-19 or discourage
compliance with recommendations and CDC guidelines.
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4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID SYSTEM (UEI)
REQUIREMENTS.
4.1. SAM. Grantee shall maintain the currency of its information in SAM until the Grantee
submits the final financial report required under the Award or receives final payment,
whichever is later. Grantee shall review and update SAM information at least annually
after the initial registration, and more frequently if required by changes in its
information.
4.2. UEI. Grantee shall provide its Unique Entity ID to its Prime Recipient, and shall update
Grantee's information in SAM.gov at least annually after the initial registration, and
more frequently if required by changes in Grantee's information.
5. TOTAL COMPENSATION.
5.1. Grantee shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $30,000 or
more; and
5.1.2. In the preceding fiscal year, Grantee received:
5.1.2.1. 80% or more of its annual gross revenues from Federal procurement
Agreements and Subcontractors and/or Federal financial assistance Awards
or Subawards subject to the Transparency Act; and
5.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement
Agreements and Subcontractors and/or Federal financial assistance Awards
or Subawards subject to the Transparency Act; and
5.1.2.3. 5.1.2.3 The public does not have access to information about the
compensation of such Executives through periodic reports filed under
section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986.
6. REPORTING.
6.1. If 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
Grant price. The reporting requirements in this Exhibit are based on guidance from the
OMB, and as such are subject to change at any time by OMB. Any such changes shall
be automatically incorporated into this Grant and shall become part of Grantee's
obligations under this Grant.
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7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR FEDERAL REPORTING.
7.1. Reporting requirements in §8 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. If the total award is below $30,000 no reporting required; if
more than $30,000 and less than $50,000 then FFATA reporting is required; and,
$50,000 and above SLFRF reporting is required.
7.2. The procurement standards in §9 below are applicable to new Awards made by Prime
Recipient as of December 26, 2015. The standards set forth in §11 below are applicable
to audits of fiscal years beginning on or after December 26, 2014.
8. SUBRECIPIENT REPORTING REQUIREMENTS.
8.1. Grantee shall report as set forth below.
8.1.1. Grantee shall use the SLFRF Subrecipient Quarterly Report Workbook as referenced
in Appendix 4 to report to the State Agency within ten (10) days following each quarter
ended September, December, March and June. Additional information on specific
requirements are detailed in the SLFRF Subrecipient Quarterly Report Workbooks and
"Compliance and Reporting Guidance, State and Local Fiscal Recovery Funds" report
available at www.treasury.gov.
EC 1— Public Health
All Public Health Projects
a) Description of structure and objectives
b) Description of relation to COVID-19
c) Identification of impacted and/or disproportionately impacted communities
d) Capital Expenditures
i. Presence of capital expenditure in project
ii. Total projected capital expenditure
iii. Type of capital expenditure
iv. Written justification
v. Labor reporting
COVID-19 Interventions and Mental Health (1.4, 1.11, 1.12, 1.13)
a) Amount of total project used for evidence -based programs
b) Evaluation plan description
COVID-19 Small Business Economic Assistance (1.8)
a) Number of small businesses served
COVID-19 Assistance to Non -Profits (1.9)
a) Number of non -profits served
COVID-19 Aid to Travel, Tourism, and Hospitality or Other Impacted Industries (1.10)
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V.4
a) Sector of employer
b) Purpose of funds
c)
EC 2 — Negative Economic Impacts
All Negative Economic Impacts Projects
a) Description of project structure and objectives
b) Description of project's response to COVID-19
c) Identification of impacted and/or disproportionately impacted communities
d) Amount of total project used for evidence -based programs and description of
evaluation plan (not required for 2.5, 2.8, 2.21-2.24, 2.27-2.29, 2.31, 2.34-2.36)
e) Number of workers enrolled in sectoral job training programs
f) Number of workers completing sectoral job training programs
g) Number of people participating in summer youth employment programs
h) Capital Expenditures
i. Presence of capital expenditure in project
ii. Total projected capital expenditure
iii. Type of capital expenditure
iv. Written justification
v. Labor reporting
Household Assistance (2.1-2.8)
a) Number of households served
b) Number of people or households receiving eviction prevention services (2.2 & 2.5
only) (Federal guidance may change this requirement in July 2022)
c) Number of affordable housing units preserved or developed (2.2 & 2.5 only)
(Federal guidance may change this requirement in July 2022)
Healthy Childhood Environments (2.11-2.13)
a) Number of children served by childcare and early learning (Federal guidance may
change this requirement in July 2022)
b) Number of families served by home visiting (Federal guidance may change this
requirement in July 2022)
Education Assistance (2.14, 2.24-2.27)
a) National Center for Education Statistics ("NCES") School ID or NCES District ID
b) Number of students participating in evidence -based programs (Federal guidance may
change this requirement in July 2022)
Housing Support (2.15, 2.16, 2.18)
a) Number of people or households receiving eviction prevention services (Federal
guidance may change this requirement in July 2022)
b) Number of affordable housing units preserved or developed (Federal guidance may
change this requirement in July 2022)
Small Business Economic Assistance (2.29-2.33)
a) Number of small businesses served
Assistance to Non -Profits (2.34)
a) Number of non -profits served
Aid to Travel, Tourism, and Hospitality or Other Impacted Industries (235-2.36)
a) Sector of employer
b) Purpose of funds
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c) If other than travel, tourism and hospitality (2.36) — description of hardship
EC 3 — Public Health — Negative Economic Impact: Public Sector Capacity
Payroll for Public Health and Safety Employees (EC 3.1)
a) Number of government FTEs responding to COVID-19
Rehiring Ppblic Sector Staff (EC 3.2)
a) Number of FTEs rehired by governments
EC 4 — Premium Pay
All Premium Pay Projects
a) List of sectors designated as critical by the chief executive of the jurisdiction, if
beyond those listed in the final rule
b) Numbers of workers served
c) Employer sector for all subawards to third -party employers
d) Written narrative justification of how premium pay is responsive to essential work
during the public health emergency for non-exempt workers or those making over
150 percent of the state/county's average annual wage
e) Number of workers to be served with premium pay in K-12 schools
EC 5 — Infrastructure Projects
All Infrastructure Projects
a) Projected/actual construction start date (month/year)
b) Projected/actual initiation of operations date (month/year)
c) Location (for broadband, geospatial data of locations to be served)
d) Projects over $10 million
i. Prevailing wage certification or detailed project employment and local
impact report
ii. Project labor agreement certification or project workforce continuity
plan
iii. Prioritization of local hires
iv. Community benefit agreement description, if applicable
Water and sewer projects (EC 5.1-5.18)
a) National Pollutant Discharge Elimination System (NPDES) Permit Number (if
applicable; for projects aligned with the Clean Water State Revolving Fund)
b) Public Water System (PWS) ID number (if applicable; for projects aligned with
the Drinking Water State Revolving Fund)
c) Median Household Income of service area
d) Lowest Quintile Income of the service area
Broadband projects (EC 5.19-5.21)
a) Confirm that the project is designed to, upon completion, reliably meet or exceed
symmetrical 100 Mbps download and upload speeds.
i. If the project is not designed to reliably meet or exceed symmetrical 100
Mbps download and upload speeds, explain why not, and
ii. Confirm that the project is designed to, upon completion, meet or exceed
100 Mbps download speed and between at least 20 Mbps and 100 Mbps
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V.4
upload speed, and be scalable to a minimum of 100 Mbps download
speed and 100 Mbps upload speed.
b) Additional programmatic data will be required for broadband projects and will be
defined in a subsequent version of the US Treasury Reporting Guidance,
including, but not limited to (Federal guidance may change this requirement in July 2022):
i. Number of households (broken out by households on Tribal lands and
those not on Tribal lands) that have gained increased access to
broadband meeting the minimum speed standards in areas that
previously lacked access to service of at least 25 Mbps download and 3
Mbps upload, with the number of households with access to minimum
speed standard of reliable 100 Mbps symmetrical upload and download
and number of households with access to minimum speed standard of
reliable 100 Mbps download and 20 Mbps upload
ii. Number of institutions and businesses (broken out by institutions on
Tribal lands and those not on Tribal lands) that have projected increased
access to broadband meeting the minimum speed standards in areas that
previously lacked access to service of at least 25 Mbps download and 3
Mbps upload, in each of the following categories: business, small
business, elementary school, secondary school, higher education
institution, library, healthcare facility, and public safety organization,
with the number of each type of institution with access to the minimum
speed standard of reliable 100 Mbps symmetrical upload and download;
and number of each type of institution with access to the minimum
speed standard of reliable 100 Mbps download and 20 Mbps upload.
iii. Narrative identifying speeds/pricing tiers to be offered, including the
speed/pricing of its affordability offering, technology to be deployed,
miles of fiber, cost per mile, cost per passing, number of households
(broken out by households on Tribal lands and those not on Tribal lands)
projected to have increased access to broadband meeting the minimum
speed standards in areas that previously lacked access to service of at
least 25 Mbps download and 3 Mbps upload, number of households with
access to minimum speed standard of reliable 100 Mbps symmetrical
upload and download, number of households with access to minimum
speed standard of reliable 100 Mbps download and 20 Mbps upload, and
number of institutions and businesses (broken out by institutions on
Tribal lands and those not on Tribal lands) projected to have increased
access to broadband meeting the minimum speed standards in areas that
previously lacked access to service of at least 25 Mbps download and 3
Mbps upload, in each of the following categories: business, small
business, elementary school, secondary school, higher education
institution, library, healthcare facility, and public safety organization.
Specify the number of each type of institution with access to the
minimum speed standard of reliable 100 Mbps symmetrical upload and
download; and the number of each type of institution with access to the
minimum speed standard of reliable 100 Mbps download and 20 Mbps
upload.
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All Expenditure Categories
a) Program income earned and expended to cover eligible project costs
8.1.2. A Subrecipient shall report the following data elements to Prime Recipient no later
than five days after the end of the month following the month in which the Subaward
was made.
3.1.2.1. Subrecipient Unique Entity ID;
3.1.2.2. Subrecipient Unique Entity ID if more than one electronic funds transfer
(EFT) account;
3.1.2.3. Subrecipient parent's organization Unique Entity ID;
3.1.2.4. Subrecipient's address, including: Street Address, City, State, Country, Zip
+ 4, and Congressional District;
3.1.2.5. Subrecipient's top 5 most highly compensated Executives if the criteria in
§4 above are met; and
3.1.2.6. Subrecipient's Total Compensation of top 5 most highly compensated
Executives if the criteria in §4 above met.
8.1.3. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, the
following data elements:
3.1.3.1. Subrecipient's Unique Entity ID as registered in SAM.
3.1.3.2. Primary Place of Performance Information, including: Street Address, City,
State, Country, Zip code + 4, and Congressional District.
3.1.3.3. Narrative identifying methodology for serving disadvantaged communities.
See the "Project Demographic Distribution" section in the "Compliance and
Reporting Guidance, State and Local Fiscal Recovery Funds" report
available at www.treasury.gov. This requirement is applicable to all
projects in Expenditure Categories 1 and 2.
3.1.3.4. Narrative identifying funds allocated towards evidenced -based
interventions and the evidence base. See the "Use of Evidence" section in
the "Compliance and Reporting Guidance, State and Local Fiscal Recovery
Funds" report available at www.treasury.gov. See section 8.1.1 for relevant
Expenditure Categories.
3.1.3.5. Narrative describing the structure and objectives of the assistance program
and in what manner the aid responds to the public health and negative
economic impacts of COVID-19. This requirement is applicable to
Expenditure Categories 1 and 2. For aid to travel, tourism, and hospitality
or other impacted industries (EC 2.11-2.12), also provide the sector of
employer, purpose of funds, and if not travel, tourism and hospitality a
description of the pandemic impact on the industry.
3.1.3.6. Narrative identifying the sector served and designated as critical to the
health and well-being of residents by the chief executive of the jurisdiction
and the number of workers expected to be served. For groups of workers
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V.4
(e.g., an operating unit, a classification of worker, etc.) or, to the extent
applicable, individual workers, other than those where the eligible worker
receiving premium pay is earning (with the premium pay included) below
150 percent of their residing state or county's average annual wage for all
occupations, as defined by the Bureau of Labor Statistics Occupational
Employement and Wage Statistics, whichever is higher, OR the eligible
worker reciving premium pay is not exempt from the Fair Labor Standards
Act overtime provisions, include justification of how the premium pay or
grant is responsive to workers performing essential work during the public
health emergency. This could include a description of the essential workers'
duties, health or financial risks faced due to COVID-19 but should not
include personally identifiable information. This requirement applies to EC
4.1, and 4.2.
8.1.3.7. For infrastructure projects (EC 5) or capital expenditures in any expenditure
category, narrative identifying the projected construction start date
(month/year), projected initiation of operations date (month/year), and
location (for broadband, geospatial location data).
8.1.3.7.1. For projects over $10 million:
8.1.3.7.1.1.
8.1.3.7.1.2.
Certification that all laborers and mechanics employed by
Contractors and Subcontractors in the performance of such
project are paid wages at rates not less than those prevailing,
as determined by the U.S. Secretary of Labor in accordance
with subchapter IV of chapter 31 of title 40, United States
Code (commonly known as the "Davis -Bacon Act"), for the
corresponding classes of laborers and mechanics employed on
projects of a character similar to the Agreement work in the
civil subdivision of the State (or the District of Columbia) in
which the work is to be performed, or by the appropriate State
entity pursuant to a corollary State prevailing -wage -in -
construction law (commonly known as "baby Davis -Bacon
Acts"). If such certification is not provided, a recipient must
provide a project employment and local impact report
detailing (1) the number of employees of Contractors and sub-
contractors working on the project; (2) the number of
employees on the project hired directly and hired through a
third party; (3) the wages and benefits of workers on the
project by classification; and (4) whether those wages are at
rates less than those prevailing. Recipients must maintain
sufficient records to substantiate this information upon
request.
A Subrecipient may provide a certification that a project
includes a project labor agreement, meaning a pre -hire
collective bargaining agreement consistent with section 8(f)
of the National Labor Relations Act (29 U.S.C. 158(f)). If the
recipient does not provide such certification, the recipient
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8.1.3.7.1.3.
8.1.3.7.1.4.
must provide a project workforce continuity plan, detailing:
(1) how the Subrecipient will ensure the project has ready
access to a sufficient supply of appropriately skilled and
unskilled labor to ensure high -quality construction throughout
the life of the project; (2) how the Subrecipient will minimize
risks of labor disputes and disruptions that would jeopardize
timeliness and cost-effectiveness of the project; and (3) how
the Subrecipient will provide a safe and healthy workplace
that avoids delays and costs associated with workplace
illnesses, injuries, and fatalities; (4) whether workers on the
project will receive wages and benefits that will secure an
appropriately skilled workforce in the context of the local or
regional labor market; and (5) whether the project has
completed a project labor agreement.
Whether the project prioritizes local hires.
Whether the project has a Community Benefit Agreement,
with a description of any such agreement.
8.1.4. Subrecipient also agrees to comply with any reporting requirements established by the
US Treasury, Governor's Office and Office of the State Controller. The State of
Colorado may need additional reporting requirements after this agreement is executed.
If there are additional reporting requirements, the State will provide notice of such
additional reporting requirements via Appendix 5— SLFRF Reporting Modification
Form.
9. PROCUREMENT STANDARDS.
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement
procedures which reflect applicable State, local, and Tribal laws and applicable
regulations, provided that the procurements conform to applicable Federal law and the
standards identified in the Uniform Guidance, including without limitation, 2 CFR
200.318 through 200.327 thereof.
9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the
extent consistent with law, the non -Federal entity should, to the greatest extent
practicable under a Federal award, provide a preference for the purchase, acquisition,
or use of goods, products, or materials produced in the United States (including but not
imited to iron, aluminum, steel, cement, and other manufactured products). The
requirements of this section must be included in all subawards including all
Agreements and purchase orders for work or products under this award.
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9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency
of a political subdivision of the State, its Contractors 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.
10. ACCESS TO RECORDS.
10.1. A Subrecipient shall permit 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 200.332 (Requirements for pass -through entities), 2 CFR
200.300 (Statutory and national policy requirements) through 2 CFR 200.309 (Period
of performance), and Subpart F -Audit Requirements of the Uniform Guidance.
11. SINGLE AUDIT REQUIREMENTS.
11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the
Subrecipient's fiscal year, the Subrecipient shall procure or arrange for a single or
program -specific audit conducted for that year in accordance with the provisions of
Subpart F -Audit Requirements of the Uniform Guidance, issued pursuant to the Single
Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR 200.501.
11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance
with Uniform Guidance 2 CFR 200.514 (Scope of audit), except when it elects to
have a program -specific audit conducted in accordance with 2 CFR 200.507
(Program -specific audits). The Subrecipient may elect to have a program -specific
audit if Subrecipient expends Federal Awards under only one Federal program
(excluding research and development) and the Federal program's statutes,
regulations, or the terms and conditions of the Federal award do not require a
financial statement audit of 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.
11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards
during its fiscal year, the Subrecipient shall be exempt from Federal audit
requirements for that year, except as noted in 2 CFR 200.503 (Relation to other
audit requirements), but records shall be available for review or audit by appropriate
officials of the Federal agency, the State, and the Government Accountability
Office.
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11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or
otherwise arrange for the audit required by Subpart F of the Uniform Guidance and
ensure it is properly performed and submitted when due in accordance with the
Uniform Guidance. Subrecipient shall prepare appropriate financial statements,
including the schedule of expenditures of Federal awards in accordance with 2 CFR
200.510 (Financial statements) and provide the auditor with access to personnel,
accounts, books, records, supporting documentation, and other information as
needed for the auditor to perform the audit required by Uniform Guidance Subpart
F -Audit Requirements.
12. GRANT PROVISIONS FOR SUBRECIPIENT AGREEMENTS.
12.1. In addition to other provisions required by the Federal Awarding Agency or the Prime
Recipient, Grantees that are Subrecipients shall comply with the following provisions.
Subrecipients shall include all of the following applicable provisions in all
Subcontractors entered into by it pursuant to this Grant.
12.1.1. [Applicable to federally assisted construction Agreements.] Equal
Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
Agreements that meet the definition of "federally assisted construction Agreement"
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 Agreement Compliance Programs, Equal Employment
Opportunity, Department of Labor.
12.1.2. [Applicable to on -site employees working on government -funded
construction, alteration and repair projects.] Davis -Bacon Act. Davis -Bacon Act,
as amended (40 U.S.C. 3141-3148).
12.1.3. Rights to Inventions Made Under a grant or agreement. If the Federal
Award meets the definition of "funding agreement" under 37 CFR 401.2 (a) and
the Prime Recipient or Subrecipient wishes to enter into an Agreement 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 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,
Agreements and Cooperative Agreements," and any implementing regulations
issued by the Federal Awarding Agency.
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12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution
Control Act (33 U.S.C. 1251-1387), as amended. Agreements and subgrants of
amounts in excess of $150,000 must contain a provision that requires the non -
Federal awardees 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).
12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A
Agreement award (see 2 CFR 180.220) must not be made to parties listed on the
government wide exclusions in 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.
12.1.6. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply
or bid for an award exceeding $100,000 must file the required certification. Each
tier certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with obtaining
any Federal Agreement, 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.
12.1.7. Never Agreement with the enemy (2 CFR 200.215). Federal awarding
agencies and recipients are subject to the regulations implementing "Never
Agreement with the enemy" in 2 CFR part 183. The regulations in 2 CFR part 183
affect covered Agreements, grants and cooperative agreements that are expected to
exceed $50,000 within the period of performance, are performed outside the United
States and its territories, and are in support of a contingency operation in which
members of the Armed Forces are actively engaged in hostilities.
12.1.8. Prohibition on certain telecommunications and video surveillance services
or equipment (2 CFR 200.216). Grantee is prohibited from obligating or expending
loan or grant funds on certain telecommunications and video surveillance services
or equipment pursuant to 2 CFR 200.216.
16
V.4
12.1.9. Title VI of the Civil Rights Act. The Subgrantee, Contractor, Subcontractor,
transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964,
which prohibits recipients of federal financial assistance from excluding from a
program or activity, denying benefits of, or otherwise discriminating against a
person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as
implemented by the Department of Treasury's Title VI regulations, 31 CFR Part
22, which are herein incorporated by reference and made a part of this Agreement
(or agreement). Title VI also includes protection to persons with "Limited English
Proficiency" in any program or activity receiving federal financial assistance, 42
U.S. C. § 2000d et seq., as implemented by the Department of the Treasury's Title
VI regulations, 31 CRF Part 22, and herein incorporated by reference and made part
of this Agreement or agreement.
13. CERTIFICATIONS.
13.1. Subrecipient Certification. Subrecipient shall sign a "State of Colorado Agreement
with Recipient of Federal Recovery Funds" Certification Form in separate Appendix
hereto and submit to State Agency with signed grant agreement.
13.2. Unless prohibited by Federal statutes or regulations, Prime Recipient may require
Subrecipient to submit certifications and representations required by Federal statutes
or regulations on an annual basis. 2 CFR 200.208. Submission may be required more
frequently if Subrecipient fails to meet a requirement of the Federal award.
Subrecipient shall certify in writing to the State at the end of the Award that the project
or activity was completed or the level of effort was expended. 2 CFR 200.201(3). If
the required level of activity or effort was not carried out, the amount of the Award
must be adjusted.
14. EXEMPTIONS.
14.1. These Federal Provisions do not apply to an individual who receives an Award as a
natural person, unrelated to any business or non-profit organization he or she may own
or operate in his or her name.
14.2. A 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.
15. EVENT OF DEFAULT AND TERMINATION.
15.1. Failure to comply with these Federal Provisions shall constitute an event of default
under the Grant and the State of Colorado may terminate the Grant upon 30 days prior
written notice if the default remains uncured five calendar days following the
termination of the 30 -day notice period. This remedy will be in addition to any other
remedy available to the State of Colorado under the Grant, at law or in equity.
15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in
part as follows:
15.2.1. By the Federal Awarding Agency or Pass -through Entity, if a Non -Federal
Entity fails to comply with the terms and conditions of a Federal Award;
17
V.4
15.2.2. By the Federal awarding agency or Pass -through Entity, to the greatest
extent authorized by law, if an award no longer effectuates the program goals or
agency priorities;
15.2.3. By the Federal awarding agency or Pass -through Entity with the consent of
the Non -Federal Entity, in which case the two parties must agree upon the
termination conditions, including the effective date and, in the case of partial
termination, the portion to be terminated;
15.2.4. By the Non -Federal Entity upon sending to the Federal Awarding Agency
or Pass -through Entity written notification setting forth the reasons for such
termination, the effective date, and, in the case of partial termination, the portion to
be terminated. However, if the Federal Awarding Agency or Pass -through Entity
determines in the case of partial termination that the reduced or modified portion
of the Federal Award or Subaward will not accomplish the purposes for which the
Federal Award was made, the Federal Awarding Agency or Pass -through Entity
may terminate the Federal Award in its entirety; or
15.2.5. By the Federal Awarding Agency or Pass -through Entity pursuant to
termination provisions included in the Federal Award.
[THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
18
V.4
APPENDIX 3 TO SLFRF EXHIBIT- SUBRECIPIENT CERTIFICATION
AGREEMENT
AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS
Section 602(b) of the Social Security Act (the Act), as added by section 9901 of the
American Rescue Plan Act (ARPA), Pub. L. No. 117-2 (March 11, 2021), authorizes the
Department of the Treasury (Treasury) to make payments to certain Subrecipients from
the Coronavirus State Fiscal Recovery Fund. The State of Colorado has signed and
certified a separate agreement with Treasury as a condition of receiving such payments
from the Treasury. This agreement is between your organization and the State and your
organization is signing and certifying the same terms and conditions included in the
State's separate agreement with Treasury. Your organization is referred to as a
Subrecipient.
As a condition of your organization receiving federal recovery funds from the State, the
authorized representative below hereby (i) certifies that your organization will carry out
the activities listed in section 602(c) of the Act and (ii) agrees to the terms attached hereto.
Your organization also agrees to use the federal recovery funds as specified in bills passed
by the General Assembly and signed by the Governor.
Under penalty of perjury, the undersigned official certifies that the authorized
representative has read and understood the organization's obligations in the Assurances
of Compliance and Civil Rights Requirements, that any information submitted in
conjunction with this assurances document is accurate and complete, and that the
organization is in compliance with the nondiscrimination requirements.
Subrecipient Name: Weld County Colorado for the use and benefit of Weld County
Sheriff's Department
Authorized Representative: Mike Freeman
Chair,Board of Weld
Title: County Commissioners /]i�1,,ty Cl:! k t. the fl and
ATTEST : dadet)
Weld .0 t. Clerk to e Board
.2Pa3-078'7
V.4
AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS
TERMS AND CONDITIONS
1, Use of Funds.
a. Subrecipient understands and agrees that the funds disbursed under this award
may only be used in compliance with section 602(c) of the Social Security Act
(the Act) and Treasury's regulations implementing that section and guidance.
b. Subrecipient will determine prior to engaging in any project using this assistance
that it has the institutional, managerial, and financial capability to ensure proper
planning, management, and completion of such project.
2. Period of Performance. The period of performance for this subaward is shown on
page one of this Agreement. Subrecipient may use funds to cover eligible costs
incurred, as set forth in Treasury's implementing regulations, during this period of
performance.
3. Reporting. Subrecipient agrees to comply with any reporting obligations established by
Treasury as they relate to this award. Subrecipient also agrees to comply with any reporting
requirements established by the Governor's Office and Office of the State Controller. The
State will provide notice of such additional reporting requirements via separate Appendix
hereto — Reporting Modification Form.
4. Maintenance of and Access to Records
Subrecipient shall maintain records and financial documents sufficient to
evidence compliance with section 602(c), Treasury's regulations implementing
that section, and guidance issued by Treasury regarding the foregoing.
b. The Treasury Office of Inspector General and the Government Accountability
Office, or their authorized representatives, shall have the right of access to records
(electronic and otherwise) of Subrecipient in order to conduct audits or other
investigations.
c. Records shall be maintained by Subrecipient for a period of five (5) years after
all funds have been expended or returned to Treasury, whichever is later.
5. Pre -award Costs. Pre -award costs, as defined in 2 C.F.R. § 200.458, may not be paid
with funding from this award.
6. Administrative Costs. Subrecipient may use funds provided under this award to cover
both direct and indirect costs. Subrecipient shall follow guidance on administrative
costs issued by the Governor's Office and Office of the State Controller.
Cost Sharing. Cost sharing or matching funds are not required to be provided by
20
V.4
7. Subrecipient.
8. Conflicts of Interest. The State of Colorado understands and agrees it must maintain a
conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of
interest policy is applicable to each activity funded under this award. Subrecipient and
Contractors must disclose in writing to the Office of the State Controller or the pass -
through entity, as appropriate, any potential conflict of interest affecting the awarded
funds in accordance with 2 C.F.R. § 200.112. The Office of the State Controller shall
disclose such conflict to Treasury.
9. Compliance with Applicable Law and Regulations.
a. Subrecipient agrees to comply with the requirements of section 602 of the Act,
regulations adopted by Treasury pursuant to section 602(f) of the Act, and
guidance issued by Treasury regarding the foregoing. Subrecipient also agrees to
comply with all other applicable federal statutes, regulations, and executive
orders, and Subrecipient shall provide for such compliance by other parties in any
agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, 2 C.F.R. Part 200, other than such
provisions as Treasury may determine are inapplicable to this Award and
subject to such exceptions as may be otherwise provided by Treasury.
Subpart F — Audit Requirements of the Uniform Guidance, implementing
the Single Audit Act, shall apply to this award.
ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R.
Part 25, pursuant to which the award term set forth in Appendix A to 2
C.F.R. Part 25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R.
Part 170, pursuant to which the award term set forth in Appendix A to 2
C.F.R. Part 170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Government wide Debarment and
Suspension (Nonprocurement), 2 C.F.R. Part 180, including the
requirement to include a term or condition in all lower tier covered
transactions (Agreements and Subcontractors described in 2 C.F.R. Part
180, subpart B) that the award is subject to 2 C.F.R. Part 180 and
Treasury's implementing regulation at 31 C.F.R. Part 19.
v. Subrecipient Integrity and Performance Matters, pursuant to which the
award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is
hereby incorporated by reference.
21
V.4
vi. Government wide Requirements for Drug -Free Workplace, 31 C.F.R. Part
20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of
1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
c. Statutes and regulations prohibiting discrimination applicable to this award
include, without limitation, the following:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and
Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit
discrimination on the basis of race, color, or national origin under
programs or activities receiving federal financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42
U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on
the basis of race, color, religion, national origin, sex, familial status, or
disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §
794), which prohibits discrimination on the basis of disability under any
program or activity receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et
seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23,
which prohibit discrimination on the basis of age in programs or activities
receiving federal financial assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42
U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of
disability under programs, activities, and services provided or made
available by state and local governments or instrumentalities or agencies
thereto.
Remedial Actions. In the event of Subrecipient's noncompliance with section 602 of
the Act, other applicable laws, Treasury's implementing regulations, guidance, or
any reporting or other program requirements, Treasury may impose additional
conditions on the receipt of a subsequent tranche of future award funds, if any, or
take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a
violation of section 602(c) of the Act regarding the use of funds, previous payments
shall be subject to recoupment as provided in section 602(e) of the Act and any
22
V.4
10. additional payments may be subject to withholding as provided in sections
602(bX6)(A)(ii)(III) of the Act, as applicable.
11. Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch
Act (5 U.S.C.§§ 1501-1508 and 7324-7328), which limit certain political activities of
State or local government employees whose principal employment is in connection with
an activity financed in whole or in part by this federal assistance.
12. False Statements. Subrecipient understands that making false statements or claims in
connection with this award is a violation of federal law and may result in criminal,
civil, or administrative sanctions, including fines, imprisonment, civil damages and
penalties, debarment from participating in federal awards or Agreements, and/or any
other remedy available by law.
13. Publications. Any publications produced with funds from this award must
display the following language: "This project [is being] [was] supported, in
whole or in part, by federal award number SLFRF0126 awarded to the State of
Colorado by the U.S. Department of the Treasury."
14. Debts Owed the Federal Government.
a. Any funds paid to the Subrecipient (1) in excess of the amount to which the
Subrecipient is finally determined to be authorized to retain under the terms
of this award; (2) that are determined by the Treasury Office of Inspector
General to have been misused; or (3) that are determined by Treasury to be
subject to a repayment obligation pursuant to sections 602(e) and
603(b)(2)(D) of the Act and have not been repaid by the Subrecipient shall
constitute a debt to the federal government.
b. Any debts determined to be owed to the federal government must be paid
promptly by Subrecipient. A debt is delinquent if it has not been paid by the
date specified in Treasury's initial written demand for payment, unless other
satisfactory arrangements have been made or if the Subrecipient knowingly
or improperly retains funds that are a debt as defined in paragraph 14(a).
Treasury will take any actions available to it to collect such a debt.
15. Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to
Subrecipient or third persons for the actions of Subrecipient or third persons
resulting in death, bodily injury, property damages, or any other losses
resulting in any way from the performance of this award or any other losses
resulting in any way from the performance of this award or any Agreement,
or Subcontractor under this award.
b. The acceptance of this award by Subrecipient does not in any way establish
23
V.4
an agency relationship between the United States and Subrecipient.
16. Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Subrecipient may not discharge, demote,
or otherwise discriminate against an employee in reprisal for disclosing to any of
the list of persons or entities provided below, information that the employee
reasonably believes is evidence of gross mismanagement of a federal Agreement
or grant, a gross waste of federal funds, an abuse of authority relating to a federal
Agreement or grant, a substantial and specific danger to public health or safety,
or a violation of law, rule, or regulation related to a federal Agreement (including
the competition for or negotiation of an Agreement) or grant.
b. The list of persons and entities referenced in the paragraph above includes the
following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for Agreement or grant oversight or
management;
v. An authorized official of the Department of Justice or other law
enforcement agency;
vi. A court or grand jury; or
vii. A management official or other employee of Subrecipient,
Contractor, or Subcontractor who has the responsibility to
investigate, discover, or address misconduct.
c. Subrecipient shall inform its employees in writing of the rights and remedies
provided under this section, in the predominant native language of the workforce.
17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043,
62 FR 19217 (Apr. 18, 1997), Subrecipient should encourage its Contractors to
adopt and enforce on-the-job seat belt policies and programs for their employees
when operating company -owned, rented or personally owned vehicles.
1. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR
51225 (Oct. 6, 2009), Subrecipient should encourage its employees, Subrecipients, and
Contractors to adopt and enforce policies that ban text messaging while driving, and
24
V.4
Subrecipient should establish workplace safety policies to decrease accidents caused by
distracted drivers.
ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
ASSURANCES OF COMPLIANCE WITH
TITLE VI OF THE CIVIL RIGHTS ACT OF
1964
As a condition of receipt of federal financial assistance from the Department of the
Treasury, the Subrecipient provides the assurances stated herein. The federal financial
assistance may include federal grants, loans and Agreements to provide assistance to the
Subrecipient's beneficiaries, the use or rent of Federal land or property at below market value,
Federal training, a loan of Federal personnel, subsidies, and other arrangements with the
intention of providing assistance. Federal financial assistance does not encompass
Agreements of guarantee or insurance, regulated programs, licenses, procurement
Agreements by the Federal government at market value, or programs that provide direct
benefits.
The assurances apply to all federal financial assistance from or funds made available
through the Department of the Treasury, including any assistance that the Subrecipient may
request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the
assurances apply to all of the operations of the Subrecipient's program(s) and activity(ies), so
long as any portion of the Subrecipient's program(s) or activity(ies) is federally assisted in
the manner prescribed above.
1. Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act
of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of,
or subjection to discrimination under programs and activities receiving federal financial
assistance, of any person in the United States on the ground of race, color, or national origin
(42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI
regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order
13166, directives, circulars, policies, memoranda, and/or guidance documents.
2. Subrecipient acknowledges that Executive Order 13166, "Improving Access to Services
for Persons with Limited English Proficiency," seeks to improve access to federally
assisted programs and activities for individuals who, because of national origin, have
Limited English proficiency (LEP). Subrecipient understands that denying a person access
to its programs, services, and activities because of LEP is a form of national origin
discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the
Department of the Treasury's implementing regulations. Accordingly, Subrecipient shall
25
VA
initiate reasonable steps, or comply with the Department of the Treasury's directives, to
ensure that LEP persons have meaningful access to its programs, services, and activities.
Subrecipient understands and agrees that meaningful access may entail providing
language assistance services, including oral interpretation and written translation where
necessary, to ensure effective communication in the Subrecipient's programs, services,
and activities.
3. Subrecipient agrees to consider the need for language services for LEP persons when
Subrecipient develops applicable budgets and conducts programs, services, and activities.
As a resource, the Department of the Treasury has published its LEP guidance at 70 FR
6067. For more information on taking reasonable steps to provide meaningful access for
LEP persons, please visit http://www.lep.gov.
4. Subrecipient acknowledges and agrees that compliance with the assurances constitutes a
condition of continued receipt of federal financial assistance and is binding upon
Subrecipient and Subrecipient's successors, transferees, and assignees for the period in
which such assistance is provided.
5. Subrecipient acknowledges and agrees that it must require any sub -grantees, contractors,
subcontractors, successors, transferees, and assignees to comply with assurances 1-4
above, and agrees to incorporate the following language in every Agreement or
agreement subject to Title VI and its regulations between the Subrecipient and the
Subrecipient's sub -grantees, Contractors, Subcontractors, successors, transferees, and
assignees:
The sub -grantee, Contractor, Subcontractor, successor, transferee, and assignee shall
comply with Title VI of the Civil Rights Act of 1964, which prohibits Subrecipients of
federal financial assistance from excluding from a program or activity, denying benefits
of or otherwise discriminating against a person on the basis of race, color, or national
origin (42 U.S.C. § 2000d et seq), as implemented by the Department of the Treasury's
Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and
made a part of this Agreement (or agreement). Title VI also includes protection to
persons with "Limited English Proficiency" in any program or activity receiving federal
financial assistance, 42
U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part
of this Agreement or agreement.
6. Subrecipient understands and agrees that if any real property or structure is provided or
improved with the aid of federal financial assistance by the Department of the Treasury, this
assurance obligates the Subrecipient, or in the case of a subsequent transfer, the transferee,
for the period during which the real property or structure is used for a purpose for which the
federal financial assistance is extended or for another purpose involving the provision of
similar services or benefits. If any personal property is provided, this assurance obligates the
Subrecipient for the period during which it retains ownership or possession of the property.
7. Subrecipient shall cooperate in any enforcement or compliance review activities by the
Department of the Treasury of the aforementioned obligations. Enforcement may include
26
V.4
investigation, arbitration, mediation, litigation, and monitoring of any settlement
agreements that may result from these actions. The Subrecipient shall comply with
information requests, on -site compliance reviews and reporting requirements.
8. Subrecipient shall maintain a complaint log and inform the Department of the Treasury of
any complaints of discrimination on the grounds of race, color, or national origin, and limited
English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing
regulations and provide, upon request, a list of all such reviews or proceedings based on the
complaint, pending or completed, including outcome. Subrecipient also must inform the
Department of the Treasury if Subrecipient has received no complaints under Title VI.
9. Subrecipient must provide documentation of an administrative agency's or court's
findings of non-compliance of Title VI and efforts to address the non-compliance,
including any voluntary compliance or other agreements between the Subrecipient and
the administrative agency that made the finding. If the Subrecipient settles a case or
matter alleging such discrimination, the Subrecipient must provide documentation of
the settlement. If Subrecipient has not been the subject of any court or administrative
agency finding of discrimination, please so state.
10. If the Subrecipient makes sub -awards to other agencies or other entities, the Subrecipient
is responsible for ensuring that sub-Subrecipients also comply with Title VI and other
applicable authorities covered in this document State agencies that make sub -awards
must have in place standard grant assurances and review procedures to demonstrate that
that they are effectively monitoring the civil rights compliance of sub- Subrecipients.
The United States of America has the right to seek judicial enforcement of the terms of this
assurances document and nothing in this document alters or limits the federal enforcement
measures that the United States may take in order to address violations of this document or
applicable federal law.
APPENDIX 4 TO SLFRF EXHIBIT- SLFRF SUBRECIPIENT QUARTERLY
REPORT REQUIREMENTS
1. SLFRF SUBRECIPIENT QUARTERLY REPORT WORKBOOK
1.1 The SLFRF Subrecipient Quarterly Report Workbook must be submitted to the State
Agency within ten (10) days following each quarter ended September, December,
March and June. The SLFRF Subrecipient Quarterly Report Workbook can be found
at: https://osc.colorado.gov/american-rescue-plan-act (see SLFRF Grant Agreement
Templates Tab).
1.2 The requirements set forth in this Appendix 4 do not apply if the instant Agreement is
between two Colorado State Agencies.
27
V.4
APPENDIX 5 TO SLFRF EXHIBIT- SAMPLE SLFRF REPORTING
MODIFICATIONS FORM
Grantee:
Project Title:
Project Duration: I To:
State Agency:
Grant Agreement No:
Project No:
From:
This form serves as notification that there has been a change to the reporting requirements set forth in the original
SLFRF Grant Agreement.
The following reporting requirements have been (add/ remove additional rows as necessary):
tipdat`ed Reporting
Re iairement
ddl elete/I!Iodif
et :a wiser
I
Reporting 14 qu
₹.
By signing this form, the Grantee agrees to and acknowledges the changes to the reporting requirements set
forth in the original SLFRF Grant Agreement. All other terms and conditions of the original SLFRF Grant
Agreement, with any approved modifications, remain in full force and effect. Grantee shall submit this form
to the State Agency within 10 business days of the date sent by that Agency.
Grantee
Date
State Agency Grant Manager Date
28
V.4
a
COLORADO
Financial Services
Ceputment GE' Kaman Semmes
Division of Contracts and Procurement
EXHIBIT F- SLFRF SUBRECIPIENT PROVISIONS EXHIBIT
(CDHS)
This Exhibit and the Appendices hereto apply regarding the use of State and Local Fiscal Recovery
Funds (SLFRF) to comply with requirements established by the U.S. Department of Treasury and
the Colorado Department of Personnel & Administration, Office of the State Controller re the
Colorado Department of Human Services (CDHS).
This SLFRF Provisions Exhibit may supplement other Exhibit(s) to the instant Agreement. In the
event that terms on prior Exhibit(s) to the instant Agreement conflict with this SLFRF Provisions
Exhibit, this Exhibit shall control and take precedence.
The ContractorNendor/Other Agency entity with which the Colorado Department of Human
Services (CDHS) is contracting per this Agreement may be referred to as "Subrecipient" herein,
the designation per controlling law and mandates. This "Subrecipient" designation shall apply in
this context notwithstanding prior definition(s) of any entity to this agreement as "Contractor" or
any other title.
Subrecipient must agree to and comply with the terms of these SLFRF Provisions in order to
receive and use these funds. Subrecipient shall execute not only the instant Agreement, but also
specifically the Certification Agreement appendix to the instant Exhibit. A failure to also
separately execute the Certification Agreement appendix hereto shall not relieve Subrecipient of
the rules/obligations set forth herein; such a clerical error must be promptly remedied upon
discovery by notifying the CDHS office/program contact, who can then assist with the logistics of
mandatory signing, which shall retroactively apply.
In the event that Subrecipient is/was in receipt of SLFRF funding from CDHS prior to execution
of the instant Exhibit, Subrecipient understands that its obligations set forth herein with regards to
that funding shall retroactively apply.
The regulations and requirements surrounding receipt and use of SLFRF funding is an evolving
subject matter as established by the U.S. Department of Treasury and put into established policy
by the Colorado Department of Personnel & Administration, Office of the State Controller for use
with CDHS Agreements. As such, Subrecipient agrees to execute any additional
Agreements/Amendments as required by CDHS to establish and/or update these procedures.
Subrecipient agrees to accept written notice from CDHS of updates to these requirements and to
comply with same forthwith, even if prior to or without a formal Amendment to the Agreement to
1
V.4
update this Exhibit or the rules/requirements established herein. Regardless, if CDHS requests that
Subrecipient execute an Amendment to formalize implementation of and/or acknowledgment of
updates to this Exhibit, Subrecipient shall promptly comply.
Subrecipient agrees to stay abreast of and comply with the most current iterations of the
requirements re SLFRF funding set forth on https://osc.colorado.gov/american-rescue-plan-act
(see SLFRF Grant Agreement Templates Tab).
APPENDIX 1 TO SLFRF EXHIBIT- BUDGET SUPPLEMENT
1. BUDGET BY US TREASURY EXPENDITURE CATEGORY
1.1 Expenditure Categories identified in this Appendix will determine what is reported on as
outlined in the all following Appendices to this Exhibit.
Project
Number
Project Title
US Treasury Expenditure Category
Number and Name
Budget
PHI360
Technical Assistance to
Jails
1.13 Substance Use Services
As earned from
General Accounting
Encumbrance (GAE)
Total
As earned from
General Accounting
Encumbrance (GAE)
2. BUDGET BY FUNCTION
3. EXPENDITURE CATEGORY MODIFICATIONS
1.1 Increases or decreases in any Expenditure Category must be requested and approved by the
State Agency by using the SLFRF Expenditure Modification Form. This form can be found
at: https://osc.colorado.gov/american-rescue-plan-act (see SLFRF Grant Agreement
Templates Tab). In no event may this be used to modify the overall total of this Agreement
or otherwise any non SLFRF expenditures.
APPENDIX 2 TO SLFRF EXHIBIT- FEDERAL PROVISIONS
SUPPLEMENT
1. APPLICABILITY OF PROVISIONS.
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1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or in
part, with an Award of Federal funds. In the event of a conflict between the provisions of
these Federal Provisions, the Special Provisions, the body of the Grant, or any attachments
or exhibits incorporated into and made a part of the Grant, the provisions of these Federal
Provisions shall control.
1.2. The State of Colorado is accountable to Treasury for oversight of their subrecipients,
including ensuring their subrecipients comply with the SLFRF statute, SLFRF Award
Terms and Conditions, Treasury's Final Rule, and reporting requirements, as applicable.
1.3. Additionally, any subrecipient that issues a subaward to another entity (2nd tier
subrecipient), must hold the 2„d tier subrecipient accountable to these provisions and
adhere to reporting requirements.
1.4. These Federal Provisions are subject to the Award as defined in §2 of these Federal
Provisions, as may be revised pursuant to ongoing guidance from the relevant Federal or
State of Colorado agency or institutions of higher education.
2. DEFINITIONS.
2.1. For the purposes of these Federal Provisions, the following terms shall have the
meanings ascribed to them below.
2.1.1. "Award" means an award of Federal financial assistance, and the Grant
setting forth the terms and conditions of that financial assistance, that a non -Federal
Entity receives or administers.
2.1.2. "Entity" means:
2.1.2.1. a Non -Federal Entity;
2.1.2.2. a foreign public entity;
2.1.2.3. a foreign organization;
2.1.2.4. a non-profit organization;
2.1.2.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
2.1.2.6. a foreign non-profit organization (only for 2 CFR part 170) only);
2.1.2.7. a Federal agency, but only as a Subrecipient under an Award or Subaward
to a non -Federal entity (or 2 CFR 200.1); or
2.1.2.8. a foreign for-profit organization (for 2 CFR part 170 only).
2.1.3. "Executive" means an officer, managing partner or any other employee in
a management position.
2.1.4. "Expenditure Category (EC)" means the category of eligible uses as defined
by the US Department of Treasury in "Appendix 1 of the Compliance and
Reporting Guidance, State and Local Fiscal Recovery Funds" report available at
www.treasury.gov.
2.1.5. "Federal Awarding Agency" means a Federal agency providing a Federal
Award to a Recipient as described in 2 CFR 200.1
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2.1.6. "Grant" means the Grant to which these Federal Provisions are attached.
2.1.7. "Grantee" means the party or parties identified as such in the Grant to which
these Federal Provisions are attached.
2.1.8. "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.
2.1.9. "Nonprofit Organization" means any corporation, trust, association,
cooperative, or other organization, not including IHEs, that:
2.1.9.1. Is operated primarily for scientific, educational, service, charitable, or
similar purposes in the public interest;
2.1.9.2. Is not organized primarily for profit; and
2.1.9.3. Uses net proceeds to maintain, improve, or expand the operations of the
organization.
2.1.10. "OMB" means the Executive Office of the President, Office of
Management and Budget.
2.1.11. "Pass -through Entity" means a non -Federal Entity that provides a Subaward
to a Subrecipient to carry out part of a Federal program.
2.1.12. "Prime Recipient" means the Colorado State agency or institution of higher
education identified as the Grantor in the Grant to which these Federal Provisions
are attached.
2.1.13. "Subaward" means an award by a Prime Recipient to a Subrecipient funded
in whole or in part by a Federal Award. The terms and conditions of the Federal
Award flow down to the Subaward unless the terms and conditions of the Federal
Award specifically indicate otherwise in accordance with 2 CFR 200.101. The term
does not include payments to a Contractor or payments to an individual that is a
beneficiary of a Federal program.
2.1.14. "Subrecipient" or "Subgrantee" means a non -Federal Entity (or a Federal
agency under an Award or Subaward to a non -Federal Entity) receiving Federal
funds through a Prime Recipient to support the performance of the Federal project
or program for which the Federal funds were awarded. A Subrecipient is subject to
the terms and conditions of the Federal Award to the Prime Recipient, including
program compliance requirements. The term does not include an individual who is
a beneficiary of a federal program.
2.1.15. "System for Award Management (SAM)" means the Federal repository into
which an Entity must enter the information required under the Transparency Act,
which may be found at http://www.sam.gov. "Total Compensation" means the cash
and noncash dollar value earned by an Executive during the Prime Recipient's or
Subrecipient's preceding fiscal year (see 48 CFR 52.204-10, as prescribed in 48
CFR 4.1403(a)) and includes the following:
2.1.15.1. Salary and bonus;
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V.4
2.1.15.2. Awards of stock, stock options, and stock appreciation rights, using the
dollar amount recognized for financial statement reporting purposes with
respect to the fiscal year in accordance with the Statement of Financial
Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based
Payments;
2.1.15.3. Earnings for services under non -equity incentive plans, not including group
life, health, hospitalization or medical reimbursement plans that do not
discriminate in favor of Executives and are available generally to all salaried
employees;
2.1.15.4. Change in present value of defined benefit and actuarial pension plans;
2.1.15.5. Above -market earnings on deferred compensation which is not tax -
qualified;
2.1.15.6. Other compensation, if the aggregate value of all such other compensation
(e.g., severance, termination payments, value of life insurance paid on
behalf of the employee, perquisites or property) for the Executive exceeds
$10,000.
2.1.16. "Transparency Act" means the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public
Law 110-252.
2.1.17. "Uniform Guidance" means the Office of Management and Budget
Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. The terms and conditions of the Uniform Guidance flow down
to Awards to Subrecipients unless the Uniform Guidance or the terms and
conditions of the Federal Award specifically indicate otherwise.
2.1.18. "Unique Entity ID" means the Unique Entity ID established by the federal
government for a Grantee at https://sam.gov/content/home.
3. COMPLIANCE.
3.1. Grantee shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance,
and all applicable Federal Laws and regulations required by this Federal Award. Any
revisions to such provisions or regulations shall automatically become a part of these
Federal Provisions, without the necessity of either party executing any further
instrument. The State of Colorado, at its discretion, may provide written notification to
Grantee of such revisions, but such notice shall not be a condition precedent to the
effectiveness of such revisions.
3.2. Per US Treasury Final Award requirements, grantee programs or services must not
include terms or conditions that undermine efforts to stop COVID-19 or discourage
compliance with recommendations and CDC guidelines.
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V.4
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID SYSTEM (UEI)
REQUIREMENTS.
4.1. SAM. Grantee shall maintain the currency of its information in SAM until the Grantee
submits the final financial report required under the Award or receives final payment,
whichever is later. Grantee shall review and update SAM information at least annually
after the initial registration, and more frequently if required by changes in its
information.
4.2. UEI. Grantee shall provide its Unique Entity ID to its Prime Recipient, and shall update
Grantee's information in SAM.gov at least annually after the initial registration, and
more frequently if required by changes in Grantee's information.
5. TOTAL COMPENSATION.
5.1. Grantee shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $30,000 or
more; and
5.1.2. In the preceding fiscal year, Grantee received:
5.1.2.1. 80% or more of its annual gross revenues from Federal procurement
Agreements and Subcontractors and/or Federal financial assistance Awards
or Subawards subject to the Transparency Act; and
5.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement
Agreements and Subcontractors and/or Federal financial assistance Awards
or Subawards subject to the Transparency Act; and
5.1.2.3. 5.1.2.3 The public does not have access to information about the
compensation of such Executives through periodic reports filed under
section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986.
6. REPORTING.
6.1. If 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
Grant price. The reporting requirements in this Exhibit are based on guidance from the
OMB, and as such are subject to change at any time by OMB. Any such changes shall
be automatically incorporated into this Grant and shall become part of Grantee's
obligations under this Grant.
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V.4
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR FEDERAL REPORTING.
7.1. Reporting requirements in §8 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. If the total award is below $30,000 no reporting required; if
more than $30,000 and less than $50,000 then FFATA reporting is required; and,
$50,000 and above SLFRF reporting is required.
7.2. The procurement standards in §9 below are applicable to new Awards made by Prime
Recipient as of December 26, 2015. The standards set forth in §11 below are applicable
to audits of fiscal years beginning on or after December 26, 2014.
8. SUBRECIPIENT REPORTING REQUIREMENTS.
8.1. Grantee shall report as set forth below.
8.1.1. Grantee shall use the SLFRF Subrecipient Quarterly Report Workbook as referenced
in Appendix 4 to report to the State Agency within ten (10) days following each quarter
ended September, December, March and June. Additional information on specific
requirements are detailed in the SLFRF Subrecipient Quarterly Report Workbooks and
"Compliance and Reporting Guidance, State and Local Fiscal Recovery Funds" report
available at www.treasury.gov.
EC 1— Public Health
All Public Health Projects
a) Description of structure and objectives
b) Description of relation to COVID-19
c) Identification of impacted and/or disproportionately impacted communities
d) Capital Expenditures
i. Presence of capital expenditure in project
ii. Total projected capital expenditure
iii. Type of capital expenditure
iv. Written justification
v. Labor reporting
COVID-19 Interventions and Mental Health (1.4, 1.11, 1.12, 1.13)
a) Amount of total project used for evidence -based programs
b) Evaluation plan description
COVID-19 Small Business Economic Assistance (1.8)
a) Number of small businesses served
COVID-19 Assistance to Non -Profits (1.9)
a) Number of non -profits served
COVID-19 Aid to Travel, Tourism, and Hospitality or Other Impacted Industries (1.10)
7
V.4
a) Sector of employer
b) Purpose of funds
c)
EC 2 — Negative Economic Impacts
All Negative Economic Impacts Projects
a) Description of project structure and objectives
b) Description of project's response to COVID-19
c) Identification of impacted and/or disproportionately impacted communities
d) Amount of total project used for evidence -based programs and description of
evaluation plan (not required for 2.5, 2.8, 2.21-2.24, 2.27-2.29, 2.31, 2.34-2.36)
e) Number of workers enrolled in sectoral job training programs
f) Number of workers completing sectoral job training programs
g) Number of people participating in summer youth employment programs
h) Capital Expenditures
i. Presence of capital expenditure in project
ii. Total projected capital expenditure
iii. Type of capital expenditure
iv. Written justification
v. Labor reporting
Household Assistance (2.1-2.8)
a) Number of households served
b) Number of people or households receiving eviction prevention services (2.2 & 2.5
only) (Federal guidance may change this requirement in July 2022)
c) Number of affordable housing units preserved or developed (2.2 & 2.5 only)
(Federal guidance may change this requirement in July 2022)
Healthy Childhood Environments (2.11-2.13)
a) Number of children served by childcare and early learning (Federal guidance may
change this requirement in July 2022)
b) Number of families served by home visiting (Federal guidance may change this
requirement in July 2022)
Education Assistance (2.14, 2.24-2.27)
a) National Center for Education Statistics ("NCES") School ID or NCES District ID
b) Number of students participating in evidence -based programs (Federal guidance may
change this requirement in July 2022)
Housing Support (2.15, 2.16, 2.18)
a) Number of people or households receiving eviction prevention services (Federal
guidance may change this requirement in July 2022)
b) Number of affordable housing units preserved or developed (Federal guidance may
change this requirement in July 2022)
Small Business Economic Assistance (2.29-2.33)
a) Number of small businesses served
Assistance to Non -Profits (2.34)
a) Number of non -profits served
Aid to Travel, Tourism, and Hospitality or Other Impacted Industries (2.35-236)
a) Sector of employer
b) Purpose of funds
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V.4
c) If other than travel, tourism and hospitality (2.36) — description of hardship
EC 3 — Public Health — Negative Economic Impact: Public Sector Capacity
Payroll for Public Health and Safety Employees (EC 3.1)
a) Number of government FTEs responding to COVID-19
Rehiring Public Sector Staff (EC 3.2)
a) Number of FTEs rehired by governments
EC 4 — Premium Pay
All Premium Pay Projects
a) List of sectors designated as critical by the chief executive of the jurisdiction, if
beyond those listed in the final rule
b) Numbers of workers served
c) Employer sector for all subawards to third -party employers
d) Written narrative justification of how premium pay is responsive to essential work
during the public health emergency for non-exempt workers or those making over
150 percent of the state/county's average annual wage
e) Number of workers to be served with premium pay in K-12 schools
EC 5 — Infrastructure Projects
All Infrastructure Projects
a) Projected/actual construction start date (month/year)
b) Projected/actual initiation of operations date (month/year)
c) Location (for broadband, geospatial data of locations to be served)
d) Projects over $10 million
i. Prevailing wage certification or detailed project employment and local
impact report
ii. Project labor agreement certification or project workforce continuity
plan
iii. Prioritization of local hires
iv. Community benefit agreement description, if applicable
Water and sewer projects (EC 5.1-5.18)
a) National Pollutant Discharge Elimination System (NPDES) Permit Number (if
applicable; for projects aligned with the Clean Water State Revolving Fund)
b) Public Water System (PWS) ID number (if applicable; for projects aligned with
the Drinking Water State Revolving Fund)
c) Median Household Income of service area
d) Lowest Quintile Income of the service area
Broadband projects (EC 5.19-5.21)
a) Confirm that the project is designed to, upon completion, reliably meet or exceed
symmetrical 100 Mbps download and upload speeds.
i. If the project is not designed to reliably meet or exceed symmetrical 100
Mbps download and upload speeds, explain why not, and
ii. Confirm that the project is designed to, upon completion, meet or exceed
100 Mbps download speed and between at least 20 Mbps and 100 Mbps
9
V.4
upload speed, and be scalable to a minimum of 100 Mbps download
speed and 100 Mbps upload speed.
b) Additional programmatic data will be required for broadband projects and will be
defined in a subsequent version of the US Treasury Reporting Guidance,
including, but not limited to (Federal guidance may change this requirement in July 2022):
i. Number of households (broken out by households on Tribal lands and
those not on Tribal lands) that have gained increased access to
broadband meeting the minimum speed standards in areas that
previously lacked access to service of at least 25 Mbps download and 3
Mbps upload, with the number of households with access to minimum
speed standard of reliable 100 Mbps symmetrical upload and download
and number of households with access to minimum speed standard of
reliable 100 Mbps download and 20 Mbps upload
ii. Number of institutions and businesses (broken out by institutions on
Tribal lands and those not on Tribal lands) that have projected increased
access to broadband meeting the minimum speed standards in areas that
previously lacked access to service of at least 25 Mbps download and 3
Mbps upload, in each of the following categories: business, small
business, elementary school, secondary school, higher education
institution, library, healthcare facility, and public safety organization,
with the number of each type of institution with access to the minimum
speed standard of reliable 100 Mbps symmetrical upload and download;
and number of each type of institution with access to the minimum
speed standard of reliable 100 Mbps download and 20 Mbps upload.
iii. Narrative identifying speeds/pricing tiers to be offered, including the
speed/pricing of its affordability offering, technology to be deployed,
miles of fiber, cost per mile, cost per passing, number of households
(broken out by households on Tribal lands and those not on Tribal lands)
projected to have increased access to broadband meeting the minimum
speed standards in areas that previously lacked access to service of at
least 25 Mbps download and 3 Mbps upload, number of households with
access to minimum speed standard of reliable 100 Mbps symmetrical
upload and download, number of households with access to minimum
speed standard of reliable 100 Mbps download and 20 Mbps upload, and
number of institutions and businesses (broken out by institutions on
Tribal lands and those not on Tribal lands) projected to have increased
access to broadband meeting the minimum speed standards in areas that
previously lacked access to service of at least 25 Mbps download and 3
Mbps upload, in each of the following categories: business, small
business, elementary school, secondary school, higher education
institution, library, healthcare facility, and public safety organization.
Specify the number of each type of institution with access to the
minimum speed standard of reliable 100 Mbps symmetrical upload and
download; and the number of each type of institution with access to the
minimum speed standard of reliable 100 Mbps download and 20 Mbps
upload.
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V.4
All Expenditure Categories
a) Program income earned and expended to cover eligible project costs
8.1.2. A Subrecipient shall report the following data elements to Prime Recipient no later
than five days after the end of the month following the month in which the Subaward
was made.
8.1.2.1. Subrecipient Unique Entity ID;
8.1.2.2. Subrecipient Unique Entity ID if more than one electronic funds transfer
(EFT) account;
8.1.2.3. Subrecipient parent's organization Unique Entity ID;
8.1.2.4. Subrecipient's address, including: Street Address, City, State, Country, Zip
+ 4, and Congressional District;
8.1.2.5. Subrecipient's top 5 most highly compensated Executives if the criteria in
§4 above are met; and
8.1.2.6. Subrecipient's Total Compensation of top 5 most highly compensated
Executives if the criteria in §4 above met.
8.1.3. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, the
following data elements:
8.1.3.1. Subrecipient's Unique Entity ID as registered in SAM.
8.1.3.2. Primary Place of Performance Information, including: Street Address, City,
State, Country, Zip code + 4, and Congressional District.
8.1.3.3. Narrative identifying methodology for serving disadvantaged communities.
See the "Project Demographic Distribution" section in the "Compliance and
Reporting Guidance, State and Local Fiscal Recovery Funds" report
available at www.treasury.gov. This requirement is applicable to all
projects in Expenditure Categories 1 and 2.
8.1.3.4. Narrative identifying funds allocated towards evidenced -based
interventions and the evidence base. See the "Use of Evidence" section in
the "Compliance and Reporting Guidance, State and Local Fiscal Recovery
Funds" report available at www.treasury.gov. See section 8.1.1 for relevant
Expenditure Categories.
8.1.3.5. Narrative describing the structure and objectives of the assistance program
and in what manner the aid responds to the public health and negative
economic impacts of COVID-19. This requirement is applicable to
Expenditure Categories 1 and 2. For aid to travel, tourism, and hospitality
or other impacted industries (EC 2.11-2.12), also provide the sector of
employer, purpose of funds, and if not travel, tourism and hospitality a
description of the pandemic impact on the industry.
8.1.3.6. Narrative identifying the sector served and designated as critical to the
health and well-being of residents by the chief executive of the jurisdiction
and the number of workers expected to be served. For groups of workers
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V.4
(e.g., an operating unit, a classification of worker, etc.) or, to the extent
applicable, individual workers, other than those where the eligible worker
receiving premium pay is earning (with the premium pay included) below
150 percent of their residing state or county's average annual wage for all
occupations, as defined by the Bureau of Labor Statistics Occupational
Employement and Wage Statistics, whichever is higher, OR the eligible
worker reciving premium pay is not exempt from the Fair Labor Standards
Act overtime provisions, include justification of how the premium pay or
grant is responsive to workers performing essential work during the public
health emergency. This could include a description of the essential workers'
duties, health or financial risks faced due to COVID-19 but should not
include personally identifiable information. This requirement applies to EC
4.1, and 4.2.
8.13.7. For infrastructure projects (EC 5) or capital expenditures in any expenditure
category, narrative identifying the projected construction start date
(month/year), projected initiation of operations date (month/year), and
location (for broadband, geospatial location data).
8.1.3.7.1. For projects over $10 million:
8.1.3.7.1.1.
8.1.3.7.1.2.
Certification that all laborers and mechanics employed by
Contractors and Subcontractors in the performance of such
project are paid wages at rates not less than those prevailing,
as determined by the U.S. Secretary of Labor in accordance
with subchapter IV of chapter 31 of title 40, United States
Code (commonly known as the "Davis -Bacon Act"), for the
corresponding classes of laborers and mechanics employed on
projects of a character similar to the Agreement work in the
civil subdivision of the State (or the District of Columbia) in
which the work is to be performed, or by the appropriate State
entity pursuant to a corollary State prevailing -wage -in -
construction law (commonly known as "baby Davis -Bacon
Acts"). If such certification is not provided, a recipient must
provide a project employment and local impact report
detailing (1) the number of employees of Contractors and sub-
contractors working on the project; (2) the number of
employees on the project hired directly and hired through a
third party; (3) the wages and benefits of workers on the
project by classification; and (4) whether those wages are at
rates less than those prevailing. Recipients must maintain
sufficient records to substantiate this information upon
request.
A Subrecipient may provide a certification that a project
includes a project labor agreement, meaning a pre -hire
collective bargaining agreement consistent with section 8(f)
of the National Labor Relations Act (29 U.S.C. 158(f)). If the
recipient does not provide such certification, the recipient
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V.4
8.1.3.7.1.3.
8.1.3.7.1.4.
must provide a project workforce continuity plan, detailing:
(1) how the Subrecipient will ensure the project has ready
access to a sufficient supply of appropriately skilled and
unskilled labor to ensure high -quality construction throughout
the life of the project; (2) how the Subrecipient will minimize
risks of labor disputes and disruptions that would jeopardize
timeliness and cost-effectiveness of the project; and (3) how
the Subrecipient will provide a safe and healthy workplace
that avoids delays and costs associated with workplace
illnesses, injuries, and fatalities; (4) whether workers on the
project will receive wages and benefits that will secure an
appropriately skilled workforce in the context of the local or
regional labor market; and (5) whether the project has
completed a project labor agreement.
Whether the project prioritizes local hires.
Whether the project has a Community Benefit Agreement,
with a description of any such agreement.
8.1.4. Subrecipient also agrees to comply with any reporting requirements established by the
US Treasury, Governor's Office and Office of the State Controller. The State of
Colorado may need additional reporting requirements after this agreement is executed.
If there are additional reporting requirements, the State will provide notice of such
additional reporting requirements via Appendix 5— SLFRF Reporting Modification
Form.
9. PROCUREMENT STANDARDS.
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement
procedures which reflect applicable State, local, and Tribal laws and applicable
regulations, provided that the procurements conform to applicable Federal law and the
standards identified in the Uniform Guidance, including without limitation, 2 CFR
200.318 through 200.327 thereof.
9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the
extent consistent with law, the non -Federal entity should, to the greatest extent
practicable under a Federal award, provide a preference for the purchase, acquisition,
or use of goods, products, or materials produced in the United States (including but not
limited to iron, aluminum, steel, cement, and other manufactured products). The
requirements of this section must be included in all subawards including all
Agreements and purchase orders for work or products under this award.
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V.4
9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency
of a political subdivision of the State, its Contractors 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.
10. ACCESS TO RECORDS.
10.1. A Subrecipient shall permit 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 200.332 (Requirements for pass -through entities), 2 CFR
200.300 (Statutory and national policy requirements) through 2 CFR 200.309 (Period
of performance), and Subpart F -Audit Requirements of the Uniform Guidance.
11. SINGLE AUDIT REQUIREMENTS.
11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the
Subrecipient's fiscal year, the Subrecipient shall procure or arrange for a single or
program -specific audit conducted for that year in accordance with the provisions of
Subpart F -Audit Requirements of the Uniform Guidance, issued pursuant to the Single
Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR 200.501.
11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance
with Uniform Guidance 2 CFR 200.514 (Scope of audit), except when it elects to
have a program -specific audit conducted in accordance with 2 CFR 200.507
(Program -specific audits). The Subrecipient may elect to have a program -specific
audit if Subrecipient expends Federal Awards under only one Federal program
(excluding research and development) and the Federal program's statutes,
regulations, or the terms and conditions of the Federal award do not require a
financial statement audit of 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.
11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards
during its fiscal year, the Subrecipient shall be exempt from Federal audit
requirements for that year, except as noted in 2 CFR 200.503 (Relation to other
audit requirements), but records shall be available for review or audit by appropriate
officials of the Federal agency, the State, and the Government Accountability
Office.
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V.4
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or
otherwise arrange for the audit required by Subpart F of the Uniform Guidance and
ensure it is properly performed and submitted when due in accordance with the
Uniform Guidance. Subrecipient shall prepare appropriate financial statements,
including the schedule of expenditures of Federal awards in accordance with 2 CFR
200.510 (Financial statements) and provide the auditor with access to personnel,
accounts, books, records, supporting documentation, and other information as
needed for the auditor to perform the audit required by Uniform Guidance Subpart
F -Audit Requirements.
12. GRANT PROVISIONS FOR SUBRECIPIENT AGREEMENTS.
12.1. In addition to other provisions required by the Federal Awarding Agency or the Prime
Recipient, Grantees that are Subrecipients shall comply with the following provisions.
Subrecipients shall include all of the following applicable provisions in all
Subcontractors entered into by it pursuant to this Grant.
12.1.1. [Applicable to federally assisted construction Agreements.] Equal
Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
Agreements that meet the definition of "federally assisted construction Agreement"
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 Agreement Compliance Programs, Equal Employment
Opportunity, Department of Labor.
12.1.2. [Applicable to on -site employees working on government -funded
construction, alteration and repair projects.] Davis -Bacon Act. Davis -Bacon Act,
as amended (40 U.S.C. 3141-3148).
12.1.3. Rights to Inventions Made Under a grant or agreement. If the Federal
Award meets the definition of "funding agreement" under 37 CFR 401.2 (a) and
the Prime Recipient or Subrecipient wishes to enter into an Agreement 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 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,
Agreements and Cooperative Agreements," and any implementing regulations
issued by the Federal Awarding Agency.
15
V.4
12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution
Control Act (33 U.S.C. 1251-1387), as amended. Agreements and subgrants of
amounts in excess of $150,000 must contain a provision that requires the non -
Federal awardees 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).
12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A
Agreement award (see 2 CFR 180.220) must not be made to parties listed on the
government wide exclusions in 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.
12.1.6. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply
or bid for an award exceeding $100,000 must file the required certification. Each
tier certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with obtaining
any Federal Agreement, 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.
12.1.7. Never Agreement with the enemy (2 CFR 200.215). Federal awarding
agencies and recipients are subject to the regulations implementing "Never
Agreement with the enemy" in 2 CFR part 183. The regulations in 2 CFR part 183
affect covered Agreements, grants and cooperative agreements that are expected to
exceed $50,000 within the period of performance, are performed outside the United
States and its territories, and are in support of a contingency operation in which
members of the Armed Forces are actively engaged in hostilities.
12.1.8. Prohibition on certain telecommunications and video surveillance services
or equipment (2 CFR 200.216). Grantee is prohibited from obligating or expending
loan or grant funds on certain telecommunications and video surveillance services
or equipment pursuant to 2 CFR 200.216.
16
V.4
12.1.9. Title VI of the Civil Rights Act. The Subgrantee, Contractor, Subcontractor,
transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964,
which prohibits recipients of federal financial assistance from excluding from a
program or activity, denying benefits of, or otherwise discriminating against a
person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as
implemented by the Department of Treasury's Title VI regulations, 31 CFR Part
22, which are herein incorporated by reference and made a part of this Agreement
(or agreement). Title VI also includes protection to persons with "Limited English
Proficiency" in any program or activity receiving federal financial assistance, 42
U.S. C. § 2000d et seq., as implemented by the Department of the Treasury's Title
VI regulations, 31 CRF Part 22, and herein incorporated by reference and made part
of this Agreement or agreement.
13. CERTIFICATIONS.
13.1. Subrecipient Certification. Subrecipient shall sign a "State of Colorado Agreement
with Recipient of Federal Recovery Funds" Certification Form in separate Appendix
hereto and submit to State Agency with signed grant agreement.
13.2. Unless prohibited by Federal statutes or regulations, Prime Recipient may require
Subrecipient to submit certifications and representations required by Federal statutes
or regulations on an annual basis. 2 CFR 200.208. Submission may be required more
frequently if Subrecipient fails to meet a requirement of the Federal award.
Subrecipient shall certify in writing to the State at the end of the Award that the project
or activity was completed or the level of effort was expended. 2 CFR 200.201(3). If
the required level of activity or effort was not carried out, the amount of the Award
must be adjusted.
14. EXEMPTIONS.
14.1. These Federal Provisions do not apply to an individual who receives an Award as a
natural person, unrelated to any business or non-profit organization he or she may own
or operate in his or her name.
14.2. A 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.
15. EVENT OF DEFAULT AND TERMINATION.
15.1. Failure to comply with these Federal Provisions shall constitute an event of default
under the Grant and the State of Colorado may terminate the Grant upon 30 days prior
written notice if the default remains uncured five calendar days following the
termination of the 30 -day notice period. This remedy will be in addition to any other
remedy available to the State of Colorado under the Grant, at law or in equity.
15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in
part as follows:
15.2.1. By the Federal Awarding Agency or Pass -through Entity, if a Non -Federal
Entity fails to comply with the terms and conditions of a Federal Award;
17
V.4
15.2.2. By the Federal awarding agency or Pass -through Entity, to the greatest
extent authorized by law, if an award no longer effectuates the program goals or
agency priorities;
15.2.3. By the Federal awarding agency or Pass -through Entity with the consent of
the Non -Federal Entity, in which case the two parties must agree upon the
termination conditions, including the effective date and, in the case of partial
termination, the portion to be terminated;
15.2.4. By the Non -Federal Entity upon sending to the Federal Awarding Agency
or Pass -through Entity written notification setting forth the reasons for such
termination, the effective date, and, in the case of partial termination, the portion to
be terminated. However, if the Federal Awarding Agency or Pass -through Entity
determines in the case of partial termination that the reduced or modified portion
of the Federal Award or Subaward will not accomplish the purposes for which the
Federal Award was made, the Federal Awarding Agency or Pass -through Entity
may terminate the Federal Award in its entirety; or
15.2.5. By the Federal Awarding Agency or Pass -through Entity pursuant to
termination provisions included in the Federal Award.
[THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
18
V.4
APPENDIX 3 TO SLFRF EXHIBIT- SUBRECIPIENT CERTIFICATION
AGREEMENT
AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS
Section 602(b) of the Social Security Act (the Act), as added by section 9901 of the
American Rescue Plan Act (ARPA), Pub. L. No. 117-2 (March 11, 2021), authorizes the
Department of the Treasury (Treasury) to make payments to certain Subrecipients from
the Coronavirus State Fiscal Recovery Fund. The State of Colorado has signed and
certified a separate agreement with Treasury as a condition of receiving such payments
from the Treasury. This agreement is between your organization and the State and your
organization is signing and certifying the same terms and conditions included in the
State's separate agreement with Treasury. Your organization is referred to as a
Subrecipient.
As a condition of your organization receiving federal recovery funds from the State, the
authorized representative below hereby (i) certifies that your organization will carry out
the activities listed in section 602(c) of the Act and (ii) agrees to the terms attached hereto.
Your organization also agrees to use the federal recovery funds as specified in bills passed
by the General Assembly and signed by the Governor.
Under penalty of perjury, the undersigned official certifies that the authorized
representative has read and understood the organization's obligations in the Assurances
of Compliance and Civil Rights Requirements, that any information submitted in
conjunction with this assurances document is accurate and complete, and that the
organization is in compliance with the nondiscrimination requirements.
Subrecipient Name: Weld County Colorado for the use and benefit of Weld Coun ����,,ff
Sheriff's Department ATTEST: ,, 4% G Jejib ti
Weld city Clerk to e Board
Authorized Representative: Mike Freeman
Chair, Board of Weld
Title: County Commissioners
19
o2Do23_ b 1Y7
V.4
AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS
TERMS AND CONDITIONS
1, Use of Funds.
a. Subrecipient understands and agrees that the funds disbursed under this award
may only be used in compliance with section 602(c) of the Social Security Act
(the Act) and Treasury's regulations implementing that section and guidance.
b. Subrecipient will determine prior to engaging in any project using this assistance
that it has the institutional, managerial, and financial capability to ensure proper
planning, management, and completion of such project.
2. Period of Performance. The period of performance for this subaward is shown on
page one of this Agreement. Subrecipient may use funds to cover eligible costs
incurred, as set forth in Treasury's implementing regulations, during this period of
performance.
3. Reporting. Subrecipient agrees to comply with any reporting obligations established by
Treasury as they relate to this award. Subrecipient also agrees to comply with any reporting
requirements established by the Governor's Office and Office of the State Controller. The
State will provide notice of such additional reporting requirements via separate Appendix
hereto — Reporting Modification Form.
4. Maintenance of and Access to Records
a. Subrecipient shall maintain records and financial documents sufficient to
evidence compliance with section 602(c), Treasury's regulations implementing
that section, and guidance issued by Treasury regarding the foregoing.
b. The Treasury Office of Inspector General and the Government Accountability
Office, or their authorized representatives, shall have the right of access to records
(electronic and otherwise) of Subrecipient in order to conduct audits or other
investigations.
c. Records shall be maintained by Subrecipient for a period of five (5) years after
all funds have been expended or returned to Treasury, whichever is later.
5. Pre -award Costs. Pre -award costs, as defined in 2 C.F.R. § 200.458, may not be paid
with funding from this award.
6. Administrative Costs. Subrecipient may use funds provided under this award to cover
both direct and indirect costs. Subrecipient shall follow guidance on administrative
costs issued by the Governor's Office and Office of the State Controller.
Cost Sharing. Cost sharing or matching funds are not required to be provided by
20
V.4
7. Subrecipient.
8. Conflicts of Interest. The State of Colorado understands and agrees it must maintain a
conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of
interest policy is applicable to each activity funded under this award. Subrecipient and
Contractors must disclose in writing to the Office of the State Controller or the pass -
through entity, as appropriate, any potential conflict of interest affecting the awarded
funds in accordance with 2 C.F.R. § 200.112. The Office of the State Controller shall
disclose such conflict to Treasury.
9. Compliance with Applicable Law and Regulations.
a. Subrecipient agrees to comply with the requirements of section 602 of the Act,
regulations adopted by Treasury pursuant to section 602(f) of the Act, and
guidance issued by Treasury regarding the foregoing. Subrecipient also agrees to
comply with all other applicable federal statutes, regulations, and executive
orders, and Subrecipient shall provide for such compliance by other parties in any
agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, 2 C.F.R. Part 200, other than such
provisions as Treasury may determine are inapplicable to this Award and
subject to such exceptions as may be otherwise provided by Treasury.
Subpart F — Audit Requirements of the Uniform Guidance, implementing
the Single Audit Act, shall apply to this award.
ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R.
Part 25, pursuant to which the award term set forth in Appendix A to 2
C.F.R. Part 25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R.
Part 170, pursuant to which the award term set forth in Appendix A to 2
C.F.R. Part 170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Government wide Debarment and
Suspension (Nonprocurement), 2 C.F.R. Part 180, including the
requirement to include a term or condition in all lower tier covered
transactions (Agreements and Subcontractors described in 2 C.F.R. Part
180, subpart B) that the award is subject to 2 C.F.R. Part 180 and
Treasury's implementing regulation at 31 C.F.R. Part 19.
v. Subrecipient Integrity and Performance Matters, pursuant to which the
award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is
hereby incorporated by reference.
21
V.4
vi. Government wide Requirements for Drug -Free Workplace, 31 C.F.R. Part
20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of
1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
c. Statutes and regulations prohibiting discrimination applicable to this award
include, without limitation, the following:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and
Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit
discrimination on the basis of race, color, or national origin under
programs or activities receiving federal financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42
U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on
the basis of race, color, religion, national origin, sex, familial status, or
disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §
794), which prohibits discrimination on the basis of disability under any
program or activity receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et
seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23,
which prohibit discrimination on the basis of age in programs or activities
receiving federal financial assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42
U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of
disability under programs, activities, and services provided or made
available by state and local governments or instrumentalities or agencies
thereto.
Remedial Actions. In the event of Subrecipient's noncompliance with section 602 of
the Act, other applicable laws, Treasury's implementing regulations, guidance, or
any reporting or other program requirements, Treasury may impose additional
conditions on the receipt of a subsequent tranche of future award funds, if any, or
take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a
violation of section 602(c) of the Act regarding the use of funds, previous payments
shall be subject to recoupment as provided in section 602(e) of the Act and any
22
V.4
10. additional payments may be subject to withholding as provided in sections
602(b)(6)(A)(ii)(III) of the Act, as applicable.
11. Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch
Act (5 U.S.C.(( 1501-1508 and 7324-7328), which limit certain political activities of
State or local government employees whose principal employment is in connection with
an activity financed in whole or in part by this federal assistance.
12. False Statements. Subrecipient understands that making false statements or claims in
connection with this award is a violation of federal law and may result in criminal,
civil, or administrative sanctions, including fines, imprisonment, civil damages and
penalties, debarment from participating in federal awards or Agreements, and/or any
other remedy available by law.
13. Publications. Any publications produced with funds from this award must
display the following language: "This project [is being] [was] supported, in
whole or in part, by federal award number SLFRF0126 awarded to the State of
Colorado by the U.S. Department of the Treasury."
14, Debts Owed the Federal Government.
a. Any funds paid to the Subrecipient (1) in excess of the amount to which the
Subrecipient is finally determined to be authorized to retain under the terms
of this award; (2) that are determined by the Treasury Office of Inspector
General to have been misused; or (3) that are determined by Treasury to be
subject to a repayment obligation pursuant to sections 602(e) and
603(b)(2)(D) of the Act and have not been repaid by the Subrecipient shall
constitute a debt to the federal government.
b. Any debts determined to be owed to the federal government must be paid
promptly by Subrecipient. A debt is delinquent if it has not been paid by the
date specified in Treasury's initial written demand for payment, unless other
satisfactory arrangements have been made or if the Subrecipient knowingly
or improperly retains funds that are a debt as defined in paragraph 14(a).
Treasury will take any actions available to it to collect such a debt.
15. Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to
Subrecipient or third persons for the actions of Subrecipient or third persons
resulting in death, bodily injury, property damages, or any other losses
resulting in any way from the performance of this award or any other losses
resulting in any way from the performance of this award or any Agreement,
or Subcontractor under this award.
b. The acceptance of this award by Subrecipient does not in any way establish
23
V.4
an agency relationship between the United States and Subrecipient.
16. Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Subrecipient may not discharge, demote,
or otherwise discriminate against an employee in reprisal for disclosing to any of
the list of persons or entities provided below, information that the employee
reasonably believes is evidence of gross mismanagement of a federal Agreement
or grant, a gross waste of federal funds, an abuse of authority relating to a federal
Agreement or grant, a substantial and specific danger to public health or safety,
or a violation of law, rule, or regulation related to a federal Agreement (including
the competition for or negotiation of an Agreement) or grant.
b. The list of persons and entities referenced in the paragraph above includes the
following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for Agreement or grant oversight or
management;
v. An authorized official of the Department of Justice or other law
enforcement agency;
vi. A court or grand jury; or
vii. A management official or other employee of Subrecipient,
Contractor, or Subcontractor who has the responsibility to
investigate, discover, or address misconduct.
c. Subrecipient shall inform its employees in writing of the rights and remedies
provided under this section, in the predominant native language of the workforce.
17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043,
62 FR 19217 (Apr. 18, 1997), Subrecipient should encourage its Contractors to
adapt and enforce on-the-job seat belt policies and programs for their employees
when operating company -owned, rented or personally owned vehicles.
1. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR
51225 (Oct. 6, 2009), Subrecipient should encourage its employees, Subrecipients, and
Contractors to adopt and enforce policies that ban text messaging while driving, and
24
V.4
Subrecipient should establish workplace safety policies to decrease accidents caused by
distracted drivers.
ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
ASSURANCES OF COMPLIANCE WITH
TITLE VI OF THE CIVIL RIGHTS ACT OF
1964
As a condition of receipt of federal financial assistance from the Department of the
Treasury, the Subrecipient provides the assurances stated herein. The federal financial
assistance may include federal grants, loans and Agreements to provide assistance to the
Subrecipient's beneficiaries, the use or rent of Federal land or property at below market value,
Federal training, a loan of Federal personnel, subsidies, and other arrangements with the
intention of providing assistance. Federal financial assistance does not encompass
Agreements of guarantee or insurance, regulated programs, licenses, procurement
Agreements by the Federal government at market value, or programs that provide direct
benefits.
The assurances apply to all federal financial assistance from or funds made available
through the Department of the Treasury, including any assistance that the Subrecipient may
request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the
assurances apply to all of the operations of the Subrecipient's program(s) and activity(ies), so
long as any portion of the Subrecipient's program(s) or activity(ies) is federally assisted in
the manner prescribed above.
1. Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act
of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of,
or subjection to discrimination under programs and activities receiving federal financial
assistance, of any person in the United States on the ground of race, color, or national origin
(42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI
regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order
13166, directives, circulars, policies, memoranda, and/or guidance documents.
2. Subrecipient acknowledges that Executive Order 13166, "Improving Access to Services
for Persons with Limited English Proficiency," seeks to improve access to federally
assisted programs and activities for individuals who, because of national origin, have
Limited English proficiency (LEP). Subrecipient understands that denying a person access
to its programs, services, and activities because of LEP is a form of national origin
discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the
Department of the Treasury's implementing regulations. Accordingly, Subrecipient shall
25
V.4
initiate reasonable steps, or comply with the Department of the Treasury's directives, to
ensure that LEP persons have meaningful access to its programs, services, and activities.
Subrecipient understands and agrees that meaningful access may entail providing
language assistance services, including oral interpretation and written translation where
necessary, to ensure effective communication in the Subrecipient's programs, services,
and activities.
3. Subrecipient agrees to consider the need for language services for LEP persons when
Subrecipient develops applicable budgets and conducts programs, services, and activities.
As a resource, the Department of the Treasury has published its LEP guidance at 70 FR
6067. For more information on taking reasonable steps to provide meaningful access for
LEP persons, please visit http://www.lep.gov.
4. Subrecipient acknowledges and agrees that compliance with the assurances constitutes a
condition of continued receipt of federal financial assistance and is binding upon
Subrecipient and Subrecipient's successors, transferees, and assignees for the period in
which such assistance is provided.
5. Subrecipient acknowledges and agrees that it must require any sub -grantees, contractors,
subcontractors, successors, transferees, and assignees to comply with assurances 1-4
above, and agrees to incorporate the following language in every Agreement or
agreement subject to Title VI and its regulations between the Subrecipient and the
Subrecipient's sub -grantees, Contractors, Subcontractors, successors, transferees, and
assignees:
The sub -grantee, Contractor, Subcontractor, successor, transferee, and assignee shall
comply with Title VI of the Civil Rights Act of 1964, which prohibits Subrecipients of
federal financial assistance from excluding from a program or activity, denying benefits
of or otherwise discriminating against a person on the basis of race, color, or national
origin (42 U.S.C. § 2000d et seq), as implemented by the Department of the Treasury's
Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and
made a part of this Agreement (or agreement). Title VI also includes protection to
persons with "Limited English Proficiency" in any program or activity receiving federal
financial assistance, 42
U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part
of this Agreement or agreement.
6. Subrecipient understands and agrees that if any real property or structure is provided or
improved with the aid of federal financial assistance by the Department of the Treasury, this
assurance obligates the Subrecipient, or in the case of a subsequent transfer, the transferee,
for the period during which the real property or structure is used for a purpose for which the
federal financial assistance is extended or for another purpose involving the provision of
similar services or benefits. If any personal property is provided, this assurance obligates the
Subrecipient for the period during which it retains ownership or possession of the property.
7. Subrecipient shall cooperate in any enforcement or compliance review activities by the
Department of the Treasury of the aforementioned obligations. Enforcement may include
26
V.4
investigation, arbitration, mediation, litigation, and monitoring of any settlement
agreements that may result from these actions. The Subrecipient shall comply with
information requests, on -site compliance reviews and reporting requirements.
8. Subrecipient shall maintain a complaint log and inform the Department of the Treasury of
any complaints of discrimination on the grounds of race, color, or national origin, and limited
English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing
regulations and provide, upon request, a list of all such reviews or proceedings based on the
complaint, pending or completed, including outcome. Subrecipient also must inform the
Department of the Treasury if Subrecipient has received no complaints under Title VI.
9. Subrecipient must provide documentation of an administrative agency's or court's
findings of non-compliance of Title VI and efforts to address the non-compliance,
including any voluntary compliance or other agreements between the Subrecipient and
the administrative agency that made the finding. If the Subrecipient settles a case or
matter alleging such discrimination, the Subrecipient must provide documentation of
the settlement. If Subrecipient has not been the subject of any court or administrative
agency finding of discrimination, please so state.
10. If the Subrecipient makes sub -awards to other agencies or other entities, the Subrecipient
is responsible for ensuring that sub-Subrecipients also comply with Title VI and other
applicable authorities covered in this document State agencies that make sub -awards
must have in place standard grant assurances and review procedures to demonstrate that
that they are effectively monitoring the civil rights compliance of sub- Subrecipients.
The United States of America has the right to seek judicial enforcement of the terms of this
assurances document and nothing in this document alters or limits the federal enforcement
measures that the United States may take in order to address violations of this document or
applicable federal law.
APPENDIX 4 TO SLFRF EXHIBIT- SLFRF SUBRECIPIENT QUARTERLY
REPORT REQUIREMENTS
1. SLFRF SUBRECIPIENT QUARTERLY REPORT WORKBOOK
1.1 The SLFRF Subrecipient Quarterly Report Workbook must be submitted to the State
Agency within ten (10) days following each quarter ended September, December,
March and June. The SLFRF Subrecipient Quarterly Report Workbook can be found
at: https://osc.colorado.gov/american-rescue-plan-act (see SLFRF Grant Agreement
Templates Tab).
1.2 The requirements set forth in this Appendix 4 do not apply if the instant Agreement is
between two Colorado State Agencies.
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V.4
APPENDIX 5 TO SLFRF EXHIBIT- SAMPLE SLFRF REPORTING
MODIFICATIONS FORM
Grantee:
Project Title:
Project Duration: I To:
State Agency:
Grant Agreement No:
Project No:
From:
This form serves as notification that there has been a change to the reporting requirements set forth in the original
SLFRF Grant Agreement.
The following reporting requirements have been (add/ remove additional rows as necessary):
Updated Reporting
Requirement
(Add/Delete/Modify)
Project Number
Reporting Requirement
By signing this form, the Grantee agrees to and acknowledges the changes to the reporting requirements set
forth in the original SLFRF Grant Agreement. All other terms and conditions of the original SLFRF Grant
Agreement, with any approved modifications, remain in full force and effect. Grantee shall submit this form
to the State Agency within 10 business days of the date sent by that Agency.
Grantee
Date
State Agency Grant Manager Date
28
CoP(
RESOLUTION
RE: APPROVE AMENDMENT #1 TO CONTRACT FOR JAIL BASED BEHAVIORAL
HEALTH SERVICES AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Co ,'ssio •rs of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Hom= - Charter, is vested with the authority of
administering the affairs of Weld County, Color o, and
WHEREAS, the Board has bee se ted with Amendment #1 to the Contract for Jail
Based Behavioral Health Services b twe e County of Weld, State of Colorado, by and
through the Board of County Corn oners of Weld County, on behalf of the Sheriff's Office,
and the Colorado Department of Hu an ices, Behavioral Health Administration, commencing
July 1, 2022, and ending June 30, 023, with further terms and conditions being as stated in said
amendment, and
WHEREAS, after review,
copy of which is attached herd
Board deems it advisable to approve said amendment, a
incorporated herein by reference.
NOW, THEREFO , B IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, at A ndment #1 to the Contract for Jail Based Behavioral Health
Services between the Co eld, State of Colorado, by and through the Board of County
Commissioners of W Cou y, on behalf of the Sheriff's Office, and the Colorado Department
of Human Services, Ielpvior I Health Administration, be, and hereby is, approved.
BE IT FU - HER SOLVED by the Board that the Chair be, and hereby is, authorized
to sign said amen. ent.
The above an• .regoing Resolution was, on motion duly made and seconded, adopted
by the foliog votepn the 28th day of December, A.D., 2022, nunc pro tunc July 1, 2022.
WelcJ my Clerk to the Board
.County A •rney
Date of signature: 01/33/23
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Scdtt K. James, Chair
EXCUSED
Mike Freeman, Pro -Tern
EXCUSED
Perry L. Buck
cc- SOCS15/3W)
O91 ag1W3
2022-3576
SO0043
Chloe White
From:
Sent
To:
Cc:
Subject
Attachments
Good afternoon,
Chloe White
Thursday, September 28, 2023 3 05 PM
Sonja Kohlgraf, Brandon Williams
Esther Gesick, Cheryl Hoffman, Mariah Higgins, Houstan Aragon
FINAL RESO - Unexecuted Amendment #1 to Contract for Jail Based Behavioral Health
Services
20223576 pdf
Please see the attached final Resolution signed by the Board of County Commissioners Forward as
necessary
Please note this document was the original first Amendment to the Contract for Jail Based Behavioral
Health Services, dated December 2022, but per the attached email, was never signed and executed by
the State It was replaced with a new Amendment #1 in March 2023 CTB has chosen to document this
occurrence as such, however, in the future, the original amendment Resolution should have been
rescinded in order to replace the contract with the new amendment
1 2022-1571 Contract for Jail Based Behavioral Health Services, dated 6/8/2022
2 2022-3576 Amendment #1 to Contract for Jail Based Behavioral Health Services, dated
12/28/2022 — replaced by 2023-0787
3 2023-0787 Amendment #1 to Contract for Jail Based Behavioral Health Services, dated 3/20/2023
— replaces 2022-3576
4 2023-1356 Amendment #2 to Contract for Jail Based Behavioral Health Services, dated 5/15/2023
Sincere regards,
Chloe A. White
Deputy Clerk to the Board Supervisor
Weld County Clerk to the Board's Office
1150 O Street
Greeley, CO 80631
Tel (970) 400-4213
Email cwhite(W weld pot/
Confidentiality Notice This electronic transmission and any attached documents or other writings are intended
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or otherwise protected from disclosure If you have received this communication in error, please immediately
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taking of any action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited
Contract Form
Entity Name* Entity ID*
COLORADO DEPARTMENT OF HUMAN O00003650
SERVICES
Contract Name *
AMENDMENT TO 2022-2023 JAIL BASED BEHAVIORAL
HEALTH SERVICES ORBS)
Contract Status
CTB REVIEW
Contract ID
6668
Contract Lead.
KHALLORAN
❑ New Entity?
Parent Contract ID
5942
Requires Board Approval
YES
Contract Lead Email Department Project #
khalloran@weldgov.com;sko
sko
hlgraf@veldgov.com
Contract Description.
AMENDMENT TO CERTIFY COMPLIANCE WITH SUBRECIPIENT AGREEMENT. FUNDED PARTIALLY BY ARPA FUNDS NOW AND
WILL HAVE TO FOLLOW UNIFORM ADMIN REQUIREMENTS 2CFR PART 200
Contract Description 2
Contract Type*
AMENDMENT
Amount*
S0.O0
Renewable*
NO
Automatic Renewal
Department
SHERIFF
Department Email
CM-Sheriff@weldgov.com
Department Head Email
CM-Sheriff-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEYWWELDG
OV.COM
Requested 00CC Agenda
Date.
02/22/2023
Due Date
02/18/2023
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
If this is a yen enter s Contract ID
If this is part of a PISA enter NSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Effective Date
Review Date*
05/01/2023
Renewal Date
Termination Notice Period
Contact Name
Pun
App�tvtil!a[ Pea►c+�
De
DONNIE PATCH
DH Approved Date
03/16/2023
Date
03/20/2023
Originator
SKOHLGRAF
Contact Type
Committed Delivery Date
Contact Email
Finance Approver
CHERYL PATTELLI
Expiration Date*
06/30/2023
Contact Phone 1
Purchasing Approved Date
Finance Approved Date
03/16/2023
Tyler Ref #
AG 032023
Legal Counsel
BYRON HOWELL
Contact Phone 2
Legal Counsel Approved Date
03/1712023
Hello