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HomeMy WebLinkAbout20223404.tiffRESOLUTION RE: APPROVE AMENDMENT #1 TO CONTRACT FOR BEHAVIORAL HEALTH GRANT PROGRAM FOR HIGH-FIDELITY WRAPAROUND PROJECT AND AUTHORIZE CHAIR TO SIGN AND SUBMIT ELECTRONICALLY 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 Contract for the Behavioral Health Grant Program for the High -Fidelity Wraparound Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the Colorado Department of Human Services, Behavioral Health Administration, commencing upon full execution of signatures, 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 Contract for the Behavioral Health Grant Program for the High -Fidelity Wraparound Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the Colorado Department of Human Services, Behavioral Health Administration, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to electronically sign and submit said amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of December, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d„eif,,,)�',;� Weld County Clerk to the Board BY: Deputy C S • t K. James, Chair Mik�.nom man, Pro- em 43005,M44PerY Buck APPR0 y Attorney Date of signature: 12/27/ cc:1-ISD, AcT(cP/cv) 01/i1/23 teve Moreno Lori Saine 2022-3404 HR0094 Ccinq 5thcns23 PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: December 6, 2022 TO: Board of County Commissioners — Pass -Around FR: Jamie Ulrich, Director, Human Services RE: Colorado Department of Human Services (CDHS) County Behavioral Health Grant Program Contract Amendment #1 Please review and indicate if you would like a work session prior to placing this item on the Board's agenda. Request Board Approval of the Department's Colorado Department of Human Services (CDHS) County Behavioral Health Grant Program Contract Amendment #1. The Department was awarded a grant and entered into a Contract with the Colorado Department of Human Services (CDHS) Office of Behavioral Health (OBH) to develop and implement a High -Fidelity Wraparound (HFW) team. This Contract is known to the Board as Tyler ID 2022-1204. This Amendment will update the budget category totals for the duration of the Contract. The total amount awarded and scope of the project will remain the same. I do not recommend a Work Session. I recommend approval of this Amendment and authorize the Chair to sign. Approve Recommendation Perry L. Buck Mike Freeman, Pro -Tern Scott K. James, Chair Steve Moreno Lori Saine Schedule Work Session Other/Comments: Pass -Around Memorandum; December 6, 2022 - CMS ID 6523 Page 1 2022-3404 i2/12_ HrOO9,-/ Karla Ford From: Sent: To: Subject: Approve Sent from my 'Phone Mike Freeman Tuesday, December 6, 2O22 3:14 PM Karla Ford Re: Please Reply - PA FOR ROUTING: FR Behavioral Health Grant Amendment #1 (CMS 6523) On Dec 6, 2O22, at 9:24 AM, Karla Ford <kford weldgov.com> wrote: Please advise if you approve recommendation. Thank you. Karla Ford X Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford@weldgov.com :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** <imageOO2. jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privi,'eged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Alison Pegg <apegg@weldgov.com> Sent: Monday, December 5, 2O22 3:O1 PM To: Karla Ford <kford@weldgov.com> Cc: Bruce Barker <bbarker@weldgov.com>; Cheryl Pattelli <cpattelli@weldgov.com>; Chris D'Ovidio <cdovidio@weldgov.com>; Esther Gesick <egesick@weldgov.com>; HS -Contract Management <HS- ContractManagement@co.weld.co.us>; Lennie Bottorff <bottorll@weldgov.com> Subject: PA FOR ROUTING: FR Behavioral Health Grant Amendment #1 (CMS 6523) Hi Karla, Please see the attached PA approved for routing to all five Commissioners: FR Behavioral Health Grant Amendment #1 (CMS 6523). Thank you! Alison Pegg Contract Management and Compliance Coordinator Weld County Dept. of Human Services 315 N. 11th Ave., Bldg A 1 DocuSign Envelope ID: 083D3B3B-56E5-4E29-B283-2E58188DBC2D CONTRACT AMENDMENT #1 SIGNATURE AND COVER PAGE State Agency Colorado Department of Human Services Behavioral Health Administration Original Contract Number 22 IHJA 173951 Contractor Weld County Department of Human Services Amendment Contract Number 23 IBEH 177620 Current Contract Maximum Amount Initial Term State Fiscal Year 2022 +2023 $680,165* Extension Terms N/A * See Exhibit B-1 — Budget for fiscal year detail Total for All State Fiscal Years $680,165 Contract Performance Beginning Date May 23, 2022 Current Contract Expiration Date June 30, 2023 THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment and to bind the Party authorizine his or her signature. CONTRACTOR Weld County Department of Human Services STATE OF COLORADO Jared Polis, Govemor Colorado Department of Human Services Michelle Barnes, Executive Director r-DoeuSigned by: Sceft k Joa,t,s r-DocuSigned by: Or. Atoryik, M.t attect. E7asnpB$Bsaynai...$512IS$ By: Scott K. James, C atr of ille Hoard of Commissioners 8$t�r Behavioral Health By: Dr. Morgan Medloc , , Administration Date: 12/19/2022 12/19/2022 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 Jaros, CPA, MBA, JD ,.-DocuSigned by: 'no.: Williariftson. By:D?q� DEnq�y Andrea Eurich / l On1 W 1lfiainson Amendment Effective Date: 12/20/2022 Amendment Contract Number: 23 IBEH 177620 Page 1 of 3 Rev. 1/14/19 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 The purpose of this Contract is to provide grants to county departments of human or social services for the expansion or improvement of local or regional behavioral health disorder treatment programs. The purpose of this Amendment is to replace Exhibits A, C, and F and add Exhibit B-1. 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. i. Note: The Contractor was permitted to invoice the full amount of $29,680 designated for Fiscal Year 2022 upon execution of the contract. This amendment reflects an actual accounting of expenditures in Fiscal Year 2022 (totaling ($17,110.65) and moves the remaining $144,542.35 to Fiscal Year 2023, for a FY23 total of $663,054.35. For this reason, the Fiscal Year 2023 encumbrance may not reflect the same dollar amount as this contract budget, because FY22 dollars that were retained by the county are now being added to the FY23 budget. See Exhibit C-1, Miscellaneous Provisions, for Amendment Contract Number: 23 IBEH 177620 Page 2 of 3 Rev. 1/14/19 instructions regarding reconciliation to actual expenditures throughout the life of the contract. B. CHANGE Pricing/Funding — Price Structure on the Contract's Signature and Cover Page from "Fixed Price" to "Other." c. REPLACE Exhibit A with Exhibit A-1, attached and incorporated by reference. D. ADD Exhibit B-1. E. REPLACE Exhibit C with Exhibit C-1, attached and incorporated by reference. F. REPLACE Exhibit F with Exhibit F-1, attached and incorporated by reference. 6. LIMITS ON 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 177620 Page 3 of 3 Rev. 1/14/19 Exhibit A-1 Exhibit A-1 - Statement of Work Article 1 Purpose and Target Population 1.1 Purpose. The COVID-19 pandemic affected the behavioral health needs of Coloradans, leading to increased incidence and prevalence of stress, anxiety, social isolation, and financial hardship accompanied by a concurrent increased demand for behavioral health services and support. The State's crisis hotline experienced a 30% increase in average monthly calls and a record -breaking number of texts. Reports released early in the pandemic by The Colorado Health Foundation, as well as national studies, indicated that COVID-19 is impacting the behavioral health conditions of people across the country, including Coloradans. In June 2021, Governor Jared Polis signed Senate Bill 21-137 which created a grant program that appropriated $9,000,000 to the Behavioral Health Administration (BHA) to provide matching grants to County Departments of Human Services or Social Services for the expansion or improvement of local or regional behavioral health disorder treatment programs. Article 2 Activities and Services 2.1 Allowable Activities: This grant funds county departments of human or social services for the expansion or improvement of local or regional behavioral health disorder treatment programs. Grant recipients may use the money received through the grant program for the following purposes: a. peer training; b. augmentation of direct therapy; c. acute treatment units; d. inpatient treatment programs; e. outreach and education; f. navigation or care coordination; g. capital investments in behavioral health center infrastructure; h. services for non -English-speaking individuals; i. culturally responsive and attuned services; j. suicide prevention and intervention; Amendment Contract Number: 23 IBEH 177620 Page 1 of 4 Exhibit A-1 k. crisis response; 1. withdrawal management; m. workforce development; n. supporting regional service delivery; or o. any other purposes that will expand or improve local or regional behavioral health disorder treatment programs addressing the need areas 2.2 Work Plan a. Contractor shall submit one or both of the following work plans to BHA within 30 days following the execution of this Contract on the template provided by BHA: i. Services Delivery Work Plan 1. Overview of the program - Provide a clear summary of the program 2. Services provided - Provide the list of services with a brief description for each that are available 3. Geographic region this program serves - List the counties where services will be provided 4. Projected number of clients served annually - Project number of clients Contractor will serve annually 5. Target Population/Eligibility - Describe the population that will be targeted for this program and describe the eligibility requirements that must be met to receive services under this program ii. Capital Investment Work Plan 1. Overview of the Project - Identify the capital expense and the service capacity that will be created or enhanced by the project. 2. Project Timeline - timeline for completion of project including necessary zoning, licensing, fire safety, and budgetary execution milestones 3. Clients Served - Projected number of clients receiving new or enhanced services due to capital expenditure. b. The activities and services identified in the Work Plan are incorporated into this Contract by reference. c. The Contractor shall meet with BHA quarterly to review progress on the work plan. 2.3 Annual Report. Contractor shall submit an Annual Report by June 15 annually describing: a. Contractor's progress on the Work Plan; b. A description of the impact of the expenditures on addressing; c. Projected number of clients Amendment Contract Number: 23 IBEH 177620 Page 2 of 4 Exhibit A-1 Article 3 Standards / Minimum Qualifications 3.1 Any substance use disorder treatment provider must maintain its BHA SUD treatment license and Controlled Substance License throughout the duration of this contract. 3.2 The Contractor shall assure that subcontractors use a standardized placement protocol based upon the most recent edition of "The ASAM Criteria," published by the American Society of Addiction Medicine (ASAM) to accurately assess each client for the most appropriate level of care. For individuals referred to treatment through the Criminal Justice system, the Standardized Offender Assessment -Revised (SOA-R) shall be used. 3.3 Minimum Requirements: a. Contractor must comply with one of the two following conditions: i. A dedication of local funding or in -kind county resources to support the expansion or improvement of local behavioral health disorder treatment programs, which may be from the county's local share of the federal "American rescue plan act of 2021," pub.L. 117-2, as the act may be subsequently amended, or other local revenue sources; or ii. A plan for regional collaboration between no fewer than three counties to support the expansion or improvement of regional behavioral health disorder treatment programs. Article 4 Deliverables 4.1 Deliverables Table Timeline Deliverable (emailed to cdhs_BHAdeliverables@state.co.us) 30 days after Contract execution Work Plan 30 days after subcontract execution Subcontracts By the last working day of the month following the end of the quarter (i.e., the last day of October, January, and April) and by July 20th to close the year (contingent upon contract renewal for following fiscal year). Quarterly Spending Report Amendment Contract Number: 23 IBEH 177620 Page 3 of 4 Exhibit A-1 Timeline ' Deliverable (mailed to „ cdhs_BliAdeliverables@state.co.us) Within ten (10) days following each' quarter ended September, December, March, and June SLFRF Subrecipient Quarterly Report Workbook (if and when metric added for Expenditure Category 1 12 Other Public Health) July 15, 2022 BHA Annual Report July 15; 2023 BHA Annual Report *Deadlines occurring after June 30, 2022 are contingent upon contract renewal The Contractor shall provide the State with information about actual expenditures quarterly in the Expenditures Report template provided by BHA The report is dire to cdhs BHAdeliverables(aistate co us on the last working day of the month following the end of the quarter (i e , the last day of October, January, and April) and by July 20th to close the year (contingent upon contract renewal for following fiscal year) Article 5 Performance Outcome Measures 5 1 Contractor shall measure the metrics identified in the SLFRF Subrecipient Quarterly Report Workbook, as may be amended, per the terms of Exhibit F-1, SLFRF Subrecipient Provisions Exhibit 5 2 Contractor shall provide any other narrative or reporting required by Exhibit F-1, SLFRF Subrecipient Provisions Exhibit, as may be amended , Amendment Contract Number 23 IBEH 177620 Page 4 of 4 EXHIBIT B COLORADO Office of Behavioral Health Department of Human Services EXHIBIT B -1, FY22 ANNUAL BUDGET OBH Program County Behavioral Health Agency Name Weld County Department of Human Services Budget Period January 2022 - June 30, 2022 Project Name High Fidelity Wraparound This budget reflects actual expenditures in FY22 Program Contact Name, Tide Phone Email Julie Witkowski, Family Resource Division Head 970-400-6777 witkowjx@weldgov.com Fiscal Contract Name, Title Tammy Maurer, Fiscal Manager Phone 970-400-6533 Email maurertk(aweldgov.com Date Completed November 8, 2021 All budget numbers are estimates. Contract billing pe will be on a cost reimbursement basis for actual exnses EXPENDITURE CATEGORIES Personnel: Salary/Benefits Annual Budget Position Title Description of Work Gross or Annual Salary Fringe Percent of Time on Project Total Amount Requested from OBH Wraparound Supervisor High Fidelity Wraparound Supervisor who will serve as a systems navigator and advocate in addition to supervising the HFW team. Annual Salary $103,331.61 estimated 30% fringe. $ 14,474.30 $ - 100% 14,474.30 Wraparound Coordinator Wraparound Coordinator will work to preserve and rehabilitate families while addressing mental and behavioral health needs via the HFW process. Performs ongoing assessment and the creation of individualized plans based on individual and family need and with a goal of engaging and maximizing available support systems. Annual salary $71,485.49 with an estimated 30% fringe. $ 2,596.45 $ - 100% 2,596.45 Personnel Services -Hourly Employees Annual Budget Position Title Description of Work Hourly Wage Hourly Fringe Total # of Hours on Project Total Amount Requested from OBH 0.00 Total Personnel Services (including fringe benefits) 17,071.00 Client Costs Annual Budget Description of Item Rate Quantity Total Amount Requested from OBH Item 0.00 Total Client Costs 0.00 Contractors/Consultants Services (Subcontracts) Annual Budget Name Description of Work Rate Quantity Total Amount Requested from OBH 0.00 Total Contract Services 0.00 Occupancy Annual Budget Page 1 of 2 Last update 10_06_2021 EXHIBIT B Item Description of Item Rate Quantity Total Amount Requested from OBH 0.00 Total Occupancy 0.00 Operating / Capital Annual Budget Item Description of Item Rate Quantity Total Amount Requested from OBN Technology -purchase Equipment: Laptop, docking station, dual monitors, mouse, keyboard, cell phone and desk phone. Ongoing expenses for cell and desk phones -77.98 monthly x 5 sets x 6 months. Mileage to and from client homes and community locations will be paid via other resources. Estimated mileage will be 100/month per facilitator $.54/mile=$2592.00 annually. Amount modified to show April -June 2022 expense. $ 39.90 1 39.90 Total Operating 40.00 TOTAL DIRECT COSTS (TD(:) 17,11 1.00 Less: Expenses per OMB 2CFR § 200 Subcontracts in excess of $25,000 0.00 Rent 0.00 Equipment 0.00 Other Unallowable Expenses 0.00 Total Expenses per OMB 0.00 2CFR § 200 MODIFIED TOTAL DIRECT COSTS (MTDC') 17,111.00 Indirect Costs Annual Budget Item Description of Item Percentage Total Amount Requested from OBH 0% 0.00 Total Indirect 0.00 Total Amount Requested 1'r1 17,111.00 Matching Funds Annual Budget Matching Funds Non -Governmental Contracts 0.00 Other State Revenue/Accrual 1,404.76 Federal Grant Funds/Accrual 0.00 Local Funds -Match 0.00 Private Grant Funds/Accrual 0.00 Public Support 0.00 Private Support 0.00 In -Kind Donations 0.00 In -Kind County Resources 0.00 Local Funds/Accrual 0.00 Other Funds (Specify below) 0.00 0.00 Total Match 1,405.00 Total Budget Yrl (Requested Amount & Match) 18,516.00 The Parties may mutually agree, in writing, to modify the Budget administratively using an OBH Budget Reallocation form Page 2 of 2 Last update 10_06_2021 EXHIBIT B-1 COLORADO Behavioral Health Administration EXHIBIT B-1, FY23 ANNUAL BUDGET BHA Program County Behavioral Health Agency Name Weld County Department of Human Services Budget Period July 1, 2022 - June 30, 2023 Project Name High Fidelity Wraparound $17,110.65 was expended in FY22. $144,542.35 of the funds originally contracted for FY22 are now incorporated into this budget for FY23 Program Contact Name, Title Phone Email Julie Witkowski, Family Resource Division Head 970-400-6777 witkowjx@weldgov.com Fiscal Contract Name, Title Phone Email Tammy Maurer, Fiscal Manager 970-400-6533 maurertkgweldgov. corn Date Completed Revised August 12, 2022 :All budget numbers arc estimates. Contract billing will be on a cost reimbursement basis for actual expenses incurred. EXPENDITURE CATEGORIES Personnel: Salary/Benefits Annual Budget Position Title Description of WW ork Gross or Annual Salary Fringe e. Percent of Time on Project l otal Amount Requested from BI IA Wraparound Facilitator- Andrew Pittman Wraparound Coordinator will work to preserve and rehabilitate families while addressing mental and behavioral health needs via the S 73,620.03 $ 25,767.01 100% $ 99,387.04 HFW process. Wraparound Facilitator- Sindy Carvajal Wraparound Coordinator will work to preserve and rehabilitate families while addressing mental and behavioral health needs via the $ 71,485.49 $ 25,019.92 100% $ 96,505.41 HFW process. Wraparound Facilitator- Madison Otto Wraparound Coordinator will work to preserve and rehabilitate families while addressing mental and behavioral health needs via the $ 72,214.36 $ 25,275.03 100% $ 97,489.39 HFW process. Wraparound Facilitator- Kira Hess Wraparound Coordinator will work to preserve and rehabilitate families while addressing mental and behavioral health needs via the $ 75,287.30 $ 26,350.56 100% $ 101,637.86 HFW process. Wraparound Supervisor High Fidelity Wraparound Supervisor who will serve as a systems navigator and advocate in addition to supervising the HFW team. $ 103,331.61 $ 36,166.06 100% $ 139,497.67 Personnel Services -Hourly Employees Annual 13udget Position 'title Description of Work Hourly Wage Hourly Fringe Total # of hours on Project total kriiuunt Requested from 13H:1 5 - Total Personnel Services(including fringe benefits) S 534,517.0() Client Costs Annual Budget Item Description of Item Rate Quantity Total Amount Requested from BHA Flex Funding Flex funding can be used to address concrete economic needs which support family available. S 1,R00 OH 50 S 75,000.00 stability and reunification with no other formal or informal resources are Total Client Costs S 75,000.00 Contractors/Consultants Services (Subcontracts) annual Budget Name Description of Work Rate Quantity I otal Anu,unt Requested from 1311. - Kelly Pipkins-Burt In order to educate and train employees as well as community stakeholders and potential $ 100 00 9 S 900.00 HFW partners, we intent to contract with Kelly Pipkins-Burt, LPC, Tier 2 Wraparound Coach. Kelly Pipkins-Burt will offer three virtual High Fidelity Wraparound trainings for the Weld County community. Each training will be scheduled for two hours with an hour of preparation and planning time for each. Time is billed at $100/hr to total $900.00. 1 Last update 10_06_2021 EXHIBIT B-1 Michelle Ammerman Provide training on the Trust Based Relational Intervention (TBRI) model to professionals and care providers involved with children who have experienced trauma and/or prenatal substance exposure. This training provides a foundation for understanding how trauma impacts the development of children. It provides a foundation for interpreting children's behavior and responding appropriately and creating a practical framework for intervention and application. Each class session is 24 hours of training, four hours of preparation and three hours of evaluation. $ 130.00 24 $ 3,120.00 Michelle Ammerman Preparation and evaluation for TBRI Training $ 55.00 7 $ 385.00 Total Contract Services $ 4,405.00 Occupancy Annual Budget Item Description of Item Rate Quantity Total Amount Requested from BHA S - Total Occupancy $ - Operating / Capital Annual Budget Description of Item Rate Quantity Total Amount Requested from BHA Item Technology -purchase Equipment: Laptop, docking station, dual monitors, mouse, keyboard, cell phone and desk phone $ 2,472.37 3 S 7,417.11 Telephones -monthly Ongoing expenses for cell and desk phones -77.98 monthly x 5 sets x 12 months $ 389.90 12 $ 4,678.80 Functional Assessment Systems Purchase software needed to implement Empirically based assessments (CAFAS, PECFAS, JIFF and CWL) designed to objectively determine a youth's functioning across important life domains, match their needs with the appropriate intervention or service program and track progress to keep outcomes driven. $ 34,336.35 1 $ 34,336.35 Professional Liability Professional Liability Insurance for LCSW, Wraparound Supervisor $ 200.00 1 $ 200.00 Conferencing Technology Purchase Meeting Owl for immersive virtual meetings $ 1,500.00 1 S 1,500.00 Supplies and Marketing General office supplies and marketing material for customer and stakeholder $ 1,000.00 1 $ 1,000.00 Total Operating $ 49,132.00 TOTAL DIRECT COSTS ("11)(') S 663,054.00 Less: Expenses per OMB 2C'FR § 200 Subcontracts in excess of $25,000 $ - Rent $ - Equipment S - Other Unallowable Expenses $ - Total Expenses per OMB 2CFR § 200 S - MODIFIED TOTAL DIRECT COSTS (,1ITDC) $ 663,054.00 indirect Costs Annual Budget Description of Item Percentage Total Amount Requested from BHA Item (1"„ S - Total Indirect $ - Total Amount Requested lir2 $ 663,054.00 Matching Funds Annual Budget Matching Funds Non -Governmental Contracts $ - Other State Revenue/Accrual $ 2,592.00 Federal Grant Funds/Accrual $ - Local Funds -Match $ - Private Grant Funds/Accrual $ - Public Support $ - Private Support $ - In -Kind Donations $ - [In -Kind County Resources $ 8,134.09 Local Funds/Accrual $ - Other Funds (Specify below) $ - Total Match $ 10,726.00 Total Budget Yr2 (Requested Amount & Match) $ 673,780.00 The Parties may mutually agree, in writing, to modify the Budget administratively using an BHA Budget Reallocation form 2 Last update 10_06_2021 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 a BHA template and the report or evaluation is required to display the BHA logo The Contractor shall submit the finished document to BHA in its final format and as an editable Word or Google document 2 Press Releases All press releases about work funded by BHA must note that the work is funded by the Colorado Department of Human Services, Behavioral Health Administration Press releases about work funded by BHA must be reviewed by BHA program and communications staff over a period of no fewer than five business days 3 Marketing Materials Contractor shall include the current Colorado Department of Human Services, Behavioral Health Administration logo on any marketing materials, such as brochures or fact sheets, that advertise programs funded by this Contract Marketing materials must be approved by the Contract's assigned BHA program contract over a period of no fewer than 5 business days 4 All Other Documents All other documents published by the Contractor about its BHA -funded work, including presentations or website content, should mention the Colorado Department of Human Services, Behavioral Health Administration as a 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 " Amendment Contract Number 23 IBEH 177620 Page 1 of 5 Exhibit C-1 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. D. Immediate Notification of Closures / Reductions in Force If the Contractor intends to close a facility or program, it shall notify the BHA Contracts Unit at least five business days prior to the closure. Similarly, if the Contractor, or any sub- contractor provider, intends to conduct a reduction in force which affects a program funded through this contract, the Contractor shall notify the BHA Contracts Unit at least five business days prior to the layoffs. E. Licensing and Designation Database Electronic Record System (LADDERS) The Contractor shall use LADDERS (http://www.colorado.gov/ladders) as needed and/or as required by rule to submit applications for BHA licensing and designation, keep current all provider directory details, and submit policies and procedures. F. Contract Contact Procedure The Contractor shall submit all requests for BHA interpretation of this Contract or for amendments to this Contract to the BHA Contract Manager. G. The Contractor shall comply with all the provisions and requirements of RFP IHJA 2022000092. H. 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 serve as an amendment to the contract for the timeframe identified and agreed to by BHA and the Contractor. Amendment Contract Number: 23 IBEH 177620 Page 2 of 5 Exhibit C-1 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. I. 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; Amendment Contract Number: 23 IBEH 177620 Page 3 of 5 Exhibit C-1 b. Submit a completed CLAS checklist that follows this HHS format: https://thinkculturalhealth.hhs.gov/assets/pdfs/AnImplementationChecklist fortheNationalCLASStandards.pdf J. 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. Contractor shall ensure that its subcontractors perform to the terms of this Contract. B. Any subcontract for services must include, at a minimum, the following: 1. A description of each partner's participation 2. Responsibilities to the program (policy and/or operational) 3. Resources the subcontractor will contribute, reimbursement rates, services to be included and processes in collecting and sharing data and the most recent CDHS version of the HIPAA Business Associates Addendum, if this Contract contains the HIPAA Business Associates Addendum/Qualified Service Organization Addendum as an exhibit. 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_BHAdeliverables@state.co.us within 30 days of subcontract execution. D. BHA reserves the right to require the Contractor to renegotiate subcontracts where necessary to adhere to the 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. Additional Remedies A. Duty to Act in Good Faith The Contractor shall comply with all the provisions of this contract and its amendments, if any, and shall act in good faith in the performance of the requirements of said contract. The Contractor agrees that failure to act in good faith in the performance with said requirements may result in the assessment of remedial actions, liquidated damages and/or termination of the contract in whole or in part and/or other actions by the State as allowed by law as set forth in this contract. Amendment Contract Number: 23 IBEH 177620 Page 4 of 5 Exhibit C-1 B. Corrective Action The State will notify the Contractor of non-compliance and subsequently, after consultation with the Contractor, will establish a schedule for the Contractor to cure non-compliance. The Contractor shall be responsible for the submission of a plan of corrective action in accordance with said schedule. If full compliance is not achieved, or a plan of action for correction is not submitted and approved by the State within the scheduled time frame, the State may exercise remedies specified in the General Provisions "Remedies" section of this Contract. IV. Financial Requirements A. Funding Sources 1. The Contractor shall identify all funds delivered to subcontractors as state general fund, state cash funds, or federal grant dollars in Exhibit B-1, "Budget." 2. If a Single Audit is performed in accordance with Section IV.B. above, the Contractor shall report the amount of the federal grant identified in the budget under the CFDA number identified 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 once per fiscal year for the full amount allocated to Contractor for that fiscal year. An invoice for FY22 may be submitted upon contract execution. An invoice for FY23 may be submitted on or after July 1, 2022. For Contractors using a calendar fiscal year, more invoices may be submitted to align with the calendar year's budget. 2. On or after July 20th, BHA shall review the Contractor's final report of actual expenditures and conduct a reconciliation between disbursements and actual expenditures. 3. Any funds disbursed from BHA to the Contractor without corresponding expenses incurred in the previous two contract years, shall be considered unearned by the Contractor and shall require a repayment of funds from the Contractor to the State no later than September 15th of the following state fiscal year. 4. The Contractor shall utilize the invoice template(s) provided by BHA. 5. All payment requests shall be submitted electronically to cdhs_BHApayment@state.co.us 6. Any requests for payment received after September 10th for the prior state fiscal year cannot be processed by BHA. 7. 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. Amendment Contract Number: 23 IBEH 177620 Page 5 of 5 Exhibit F-1 COLORADO Financial services Depanment of Homan Sernees Division of Contracts and Procurement EXHIBIT F-1 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 Amendment Contract Number: 23 IBEH 177620 Page 1 of 28 Exhibit F-1 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 following Appendices to this Exhibit. Project Number Project Title US Treasury Expenditure Category Number and Name Budget PHI120 County -based Behavioral Health Grant Program 1.14 Other Public Health Services $680,165.00 Total $680,165.00 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. 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. Amendment Contract Number: 23 IBEH 177620 Page 2 of 28 Exhibit F-1 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 (2"d 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 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. Amendment Contract Number: 23 IBEH 177620 Page 3 of 28 Exhibit F-1 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; 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 Amendment Contract Number: 23 IBEH 177620 Page 4 of 28 Exhibit F-1 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. Amendment Contract Number: 23 IBEH 177620 Page 5 of 28 Exhibit F-1 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. Amendment Contract Number: 23 IBEH 177620 Page 6 of 28 Exhibit F-1 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) a) Sector of employer b) Purpose of funds Amendment Contract Number: 23 IBEH 177620 Page 7 of 28 Exhibit F-1 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 (234) 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 c) If other than travel, tourism and hospitality (2.36) — description of hardship Amendment Contract Number: 23 IBEH 177620 Page 8 of 28 Exhibit F-1 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 upload speed, and be scalable to a minimum of 100 Mbps download speed and 100 Mbps upload speed. Amendment Contract Number: 23 IBEH 177620 Page 9 of 28 Exhibit F-1 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. Amendment Contract Number: 23 IBEH 177620 Page 10 of 28 Exhibit F-1 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 Amendment Contract Number: 23 IBEH 177620 Page 11 of 28 Exhibit F-1 (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 Employment and Wage Statistics, whichever is higher, OR the eligible worker receiving 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 Amendment Contract Number: 23 IBEH 177620 Page 12 of 28 Exhibit F-1 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. Amendment Contract Number: 23 IBEH 177620 Page 13 of 28 Exhibit F-1 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. Amendment Contract Number: 23 IBEH 177620 Page 14 of 28 Exhibit F-1 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. Amendment Contract Number: 23 IBEH 177620 Page 15 of 28 Exhibit F-1 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. Amendment Contract Number: 23 IBEH 177620 Page 16 of 28 Exhibit F-1 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; Amendment Contract Number: 23 IBEH 177620 Page 17 of 28 Exhibit F-1 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] Amendment Contract Number: 23 IBEH 177620 Page 18 of 28 Exhibit F-1 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: Authorized Representative: Title: Signature: Amendment Contract Number: 23 IBEH 177620 Page 19 of 28 Exhibit F-1 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. Amendment Contract Number: 23 IBEH 177620 Page 20 of 28 Exhibit F-1 7. Cost Sharing. Cost sharing or matching funds are not required to be provided by 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. Amendment Contract Number: 23 IBEH 177620 Page 21 of 28 Exhibit F-1 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: i. 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. Amendment Contract Number: 23 IBEH 177620 Page 22 of 28 Exhibit F-1 10. 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 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 Amendment Contract Number: 23 IBEH 177620 Page 23 of 28 Exhibit F-1 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 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. 18. 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 Subrecipient should establish workplace safety policies to decrease accidents caused by distracted drivers. Amendment Contract Number: 23 IBEH 177620 Page 24 of 28 Exhibit F-1 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 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 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 Amendment Contract Number: 23 IBEH 177620 Page 25 of 28 Exhibit F-1 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 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 Amendment Contract Number: 23 IBEH 177620 Page 26 of 28 Exhibit F-1 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. Amendment Contract Number: 23 IBEH 177620 Page 27 of 28 Exhibit F-1 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 reposing requirements set forth in the original SLFRF Grant Agreement. The following reporting requirements have been (add/ remove additional rows as necessary): 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 Amendment Contract Number: 23 IBEH 177620 Page 28 of 28 ❑ New Entity? New Contract Request Entity Name* Entity ID* COLORADO DEPARTMENT OF HUMAN @00003650 SERVICES Contract Name* COLORADO DEPARTMENT OF HUMAN SERVICES (AMENDMENT #1 TO THE COUNTY BEHAVIORAL HEALTH GRANT AGREEMENT) Contract Status CTB REVIEW Contract ID 6523 Contract Lead* APEGG Contract Lead Email apegg@weldgov.com;cobbx xlk@weldgov.com. Parent Contract ID 20221204 Requires Board Approval YES Department Project* Contract Description* ADJUSTING BUDGET. NO CHANGES TO THE BUDGET TOTAL AMOUNT, OR TO THE TERMS, ACTIVITIES AND OBLIGATIONS OF THE AGREEMENT. AMENDMENT WILL BE SIGNED VIA DOCUSIGN. GRANT AGREEMENT ID (2022-1204) GRANT APPLICATION ID (2021-3152) Contract Description 2 PA ROUTING THROUGH THE NORMAL PROCESS. ETA TO CTB. 12+'8;22. Contract Type* AMENDMENT Amount. $680,165.00 Renewable. NO Automatic Renewal Grant IGA Department HUMAN SERVICES Department Email CM- HumanServices@weldgov.co Department Head Email CM-HumanServices- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORN EY@WELDG OV.COM Requested BOCC Agenda Date* 12/14/2022 Due Date 12/10/2022 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Effective Date Termination Notice Period Contact Name PUrchas Purchasing Approver Approva Prod Department Head JAMIE ULRICH DH Approved Date 11/30/2022 8OCC Approved 8OCC Signed Date 8OCC Agenda Date 12/12/2022 Originator APEGG Review Date* 05;011/2023 Committed Delivery Date Contact Type Contact Email Finance Approver CHERYL PATTELLI Renewal Date Expiration Date* 06/30/2023 Contact Phone 1 Purchasing Approved Date Finance Approved Date 11 /30/2022 Tyler Ref* AG 121222 Legal Counsel MATTHEW .CON ROY Contact Phone 2 Legal Counsel Approved Date 11/30/2022 Hello