Loading...
HomeMy WebLinkAbout20223240.tiffRESOLUTION RE: APPROVE CONTRACT AMENDMENT #2 FOR TITLE X FAMILY PLANNING PROGRAM 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 Contract Amendment #2 for the Title X Family Planning Program 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 Public Health and Environment, and the Colorado Department of Public Health and Environment, commencing July 1, 2020, 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 Contract Amendment #2 for the Title X Family Planning Program 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 Public Health and Environment, and the Colorado Department of Public Health and Environment, 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 21st day of November, A.D., 2022, nunc pro tunc July 1, 2020. BOARD OF COUNTY COMMISSIONERS WEL COUNTY, COLORADO ATTEST: ditif4,O Weld County Clerk to the Board County At orney Date of signature: I t/23/9-1 Scots K. James, Chair (YAY) (NAY) cc:HL(76) P. /12/22 2022-3240 HL0054 Cora e'HPtl (oIa Memorandum TO: Scott James, Chair Board of County Commissioners FROM: Gene O'Hara, Interim Executive Director Department of Public Health & Environment DATE: November 15, 2022 SUBJECT: CDPHE FY22-23 Contract Amendment #2, Family Planning Program For the Board's approval is Amendment #2 to the FY22-23 Family Planning Program contract between the Colorado Department of Public Health and Environment and the Board of County Commissioners of Weld County for the use and benefit of the Weld County Department of Public Health and Environment (WCDPHE). This Amendment #2 is a no -cost change to modify the original contract to correct administrative errors made by CDPHE when executing Amendment #1 for FY22-23 earlier this year. More specifically, this amendment will 1) provide an updated Current Contract Maximum Cumulative Amount table on the Cover Page of this Amendment. 2) replace Exhibit D, Federal Provisions, with Exhibit D, Federal Provisions - The Colorado Family Planning Program (FAIN FPHPA006465). 3) to add Exhibit G, Federal Provisions, Colorado Family Planning Program Proposal to Enhance and Expand Access to Telehealth Title X Family Planning Services (FAIN FPHPA006611) In Weld County's Original Contract, Exhibit D., Federal Provisions exhibit — FAIN FPHPA006465 references The Colorado Family Planning Program federal funds the Family Planning Program received. In Amendment #1, in error the administrator replaced the existing Exhibit D with a different federal fund called the Colorado Family Planning Program Proposal to Enhance and Expand Access to Telehealth Title X Family Planning Services with the FAIN number PHPA006611. Since Exhibit D., Federal Provisions - FAIN FPHPA006465, The Colorado Family Planning 2022-3240 u/21 t..065e-/ Program, was already mentioned in the original contract, Amendment #2 is to delete Exhibit D., Federal Provisions - FAIN PHPA006611 and replaced with FAIN FPHPA006465 since it was accidentally replaced in Amendment #1. The effective date of this change will be upon full execution of this Amendment #2 and will end on June 30, 2023. Activities will be conducted by current staff; no additional FTE is being requested. Assistant Weld County Attorney, Karin McDougal, has reviewed this contract and determined that its terms are acceptable. The Board approved placement of this contract on the Board's agenda via pass - around dated November 14, 2022. I recommend approval of this Amendment #2 for the Family Planning Program Contract with the Colorado Department of Public Health and Environment. BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW TITLE: CDPHE FY22-23 Contract Amendment #2, Family Planning Program DEPARTMENT: PUBLIC HEALTH & ENVIRONMENT PERSON REQUESTING: Gene O'Hara, Interim Executive Director DATE: November 14, 2022 Brief description of the problem/issue: For the Board's review and approval is Amendment #2 to the FY22-23 Family Planning Program contract between the Colorado Department of Public Health and Environment and the Board of County Commissioners of Weld County for the use and benefit of the Weld County Department of Public Health and Environment (WCDPHE). This Amendment #2 is a no -cost change to modify the original contract to correct administrative errors made by CDPHE when executing Amendment #1 for FY22-23 earlier this year. More specifically, this amendment will 1) provide an updated Current Contract Maximum Cumulative Amount table on the Cover Page of this Amendment. 2) replace Exhibit D, Federal Provisions, with Exhibit D, Federal Provisions - The Colorado Family Planning Program (FAIN FPHPA006465). 3) to add Exhibit G, Federal Provisions, Colorado Family Planning Program Proposal to Enhance and Expand Access to Telehealth Title X Family Planning Services (FAIN FPHPA006611) In Weld County's Original Contract, Exhibit D., Federal Provisions exhibit — FAIN FPHPA006465 references The Colorado Family Planning Program federal funds the Family Planning Program received. In Amendment #1, in error the administrator replaced the existing Exhibit D with a different federal fund called the Colorado Family Planning Program Proposal to Enhance and Expand Access to Telehealth Title X Family Planning Services with the FAIN number PHPA006611. Since Exhibit D., Federal Provisions - FAIN FPHPA006465, The Colorado Family Planning Program, was already mentioned in the original contract, Amendment #2 is to delete Exhibit D., Federal Provisions - FAIN PHPA006611 and replaced with FAIN FPHPA006465 since it was accidentally replaced in Amendment #1. The effective date of this change will be upon full execution of this Amendment #2 and will end on June 30, 2023. Activities will be conducted by current staff; no additional FTE is being requested. This Amendment is currently under review with Weld County Assistant Attorney, Karin McDougal, and we will await final legal approval prior to placing this item on the Board's regular agenda. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Signing this Amendment will allow for the administrative errors made by CDPHE to be corrected and a continuation of the program for FY22-23.0 If the Board does not wish to sign this Amendment, WCDPHE will not be able to receive reimbursement for it's the deliverables it has performed under the contract amendment executed earlier this year. We are currently awaiting execution of this Amendment before CDPHE will reimburse us for all activities billed until this grant since July 1, 2022. Recommendation: I recommend approval of this Amendment #2 for the Family Planning Program Contract with the Colorado Department of Public Health and Environment. Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck Mike Freeman, Pro -Tern Scott K. James, Chair Steve Moreno Lori Saine mc r� DocuSign Envelope ID: C6AEE581-690C-40AB-BEE2-1C37FBC626BE CONTRACT AMENDMENT #2 SIGNATURE AND COVER PAGE(S) State Agency: Colorado Department Of Public Health and Environment PSD / FPP 4300 Cherry Creek Drive South Denver, Colorado 80246 Original Contract Number: 2021 *0293 Contractor: Amendment Contract Number: Board of County Commissioners of Weld County 2021*0293 Amendment #2 (a political subdivision of the state of Colorado) 1150 "O" Street Greeley CO 80631 for the use and benefit of the Weld County Department of Public Health and Environment 1555 North 17th Avenue Greeley CO 80631 Contract Performance Beginning Date: Current Contract Expiration Date: July 1, 2020 June 30, 2023 CONTRACT MAXIMUM AMOUNT TABLE Document Federal Funding State Funding Other Funding Total Type Contract Number Amount Amount Amount Tenn (dates) Original Contract 2021 * 0293 $0.00 $136,155.00 $0.00 7/01/2020 - 6/30/2021 $136,155.00 Original Contract 2021*0293 $140,365.00 $0.00 $0.00 7/01/2020 - 3/31/2021 $140,365.00 Option Letter #1 2021*0293 Option Letter # 1 $0.00 $19,679.00 $0.00 7/10/2020 6/30/2021 $19,679.00 Option Letter #1 202t'0293 Option Letter # 1 $8,336.00 $0.00 $0.00 7/10/2020 - 3/31/2021 $8,336.00 Option Letter#2 2021*0293 Option Letter #2 $10,250.00 $0.00 $0.00 1/30/2021 -3/31/2021 $10,250.00 Option Letter#3 2021*0293 Option Letter #3 $162,297.00 $0.00 $0.00 7/01/2021 -3/31/2022 $162,297.00 Option Letter #3 2021*0293 Option Letter #3 $0.00 $160,039.00 $0.00 7/01/2021 6/30/2022 $160,039.00 Option Letter #4 2021*0293 Option Letter #4 $10,000.00 $0.00 $0.00 12/08/2021 - 3/31/2022 $10,000.00 Contract 2021*0293 $124,132.00 $0.00 $0.00 7/01/2022 - 3/31/2023 $124,132.00 Amendment #1 Amendment 1 Contract 2021*0293 $11,800.00 $0.00 $0.00 7/01/2022-5/31/2023 $11,800.00 Amendment #1 Amendment 1 Page 1 of 5 Amendment Contract Number: 2021 *0293 Amendment #2 Ver01.11.19 0 a - 3.240 DocuSign Envelope ID: C6AEE5B1-690C-40OB-BEE2-1C37FBC626BE Contract Amendment#1 2021*0293 Amendment 1 $0.00 $182,399.00 $0.00 7/01/2022 — 6/30/2023 $182,399.00 Contract Amendment #2 2021 *0293 Amendment #2 $0.00 $0.00 $0.00 9/02/2022 — 6/30/2023 $0.00 Current Contract Maximum Cumulative Amount $926,094.00 Page 2 of 5 Amendment Contract Number: 2021 *0293 Amendment #2 Ver 01.11.19 DocuSign Envelope ID: C6AEE5B1-690C-40AB-BEE2-1C37FBC626BE SIGNATURE PAGE 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 authorizing his or her signature. CONTRACTOR Board of County Commissioners of Weld County (a political subdivision of the state of Colorado) for the use and benefit of the Weld County Department of Public Health and Environment DocuSigned by: CO{ {fi?DCI2ANA7... STATE OF COLORADO Jared S. Pots, Governor Colorado Department of Public Health and Environment Jill Hunsaker Ryan, MPH, Executive Director DocuSiglned by: ,nca7nn, n7n.., By: Signature Scott K. James By: Signature Lisa McGovern Name of Person Signing for Contractor Chair, Commissioners Name of Executive Director Delegate Procurement & Contracts Section Director ft Title of Person Signing for Contractor 2022-11-21 Date: Title of Executive Director Delegate 2022-11-21 Date: In accordance with §24-30-202 C.R.S., this Contract is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD DocuSigned by: La_ Lai ti-eVell nr�arse�nncxans By: Signature Andi Hardy Name of State Controller Delegate Controller Title of State Controller Amendment Effective Date: Delegate 2022-11-22 -- Signature and Cover Pages End -- Page 3 of 5 Amendment Contract Number: 2021.0293 Amendment #2 Ver. 06.05.20 DocuSign Envelope ID: C6AEE5B1-690C-40AB-BEE2-1C37FBC626BE 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 under the State Controller Signature. 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 under the State Controller Signature or September 2, 2022, whichever is later, and shall terminate on the termination of the Contract. 4. PURPOSE The Parties entered into the Contract to reduce unintended pregnancy by ensuring access to quality reproductive health services to all Coloradans. The Parties now desire to make a no cost change for the following reason: to correct an administrative error and to add an additional Federal Provision Exhibit for the current Contract term. 5. MODIFICATIONS The Contract and all prior Amendments thereto, if any, are modified as follows: A. The Current Contract Maximum Cumulative Amount table is deleted and replaced with the Current Contract Maximum Cumulative Amount table shown on the Cover Page for this Amendment. B. The Parties now agree to modify Exhibit D, Federal Provisions. Exhibit D, Federal Provisions is deleted and replaced with Exhibit D, Federal Provisions - The Colorado Family Planning Program (FAIN FPHPA006465) attached to this Amendment for the following reason: to correct an administrative error. C. The Parties now agree to add Exhibit G, Federal Provisions - Colorado Family Planning Program Proposal to Enhance and Expand Access to Telehealth Title X Family Planning Page 4 of 5 Amendment Contract Number: 2021 *0293 Amendment /42 Ver 27.01.20 DocuSign Envelope ID: C6AEE5B1-690C-40AB-BEE2-1C37FBC626BE Services (FAIN FPHPA006611) for the following reason: to include award information for this funding. 6. LIMITS OF EFFECT AND ORDER OF PRECEDENCE This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments or other modifications to the Contract, if any, remain in full force and effect except as specifically modified in this Amendment. Except for the Special Provisions contained in the Contract, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Contract or any prior modification to the Contract, the provisions of this Amendment shall in all respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and control over the Special Provisions contained in the Contract to the extent that this Amendment specifically modifies those Special Provisions. Page 5 of 5 Amendment Contract Number: 2021 *0293 Amendment #2 Ver 27.01.20 DocuSign Envelope ID: C6AEE5B1-690C-40AB-BEE2-1C37FBC626BE Exhibit D Federal Provisions — The Colorado Family Planning Program For the purposes of this Exhibit only, Contractor is also identified as "Subrecipient." This Contract has been funded, in whole or in part, with an award of Federal funds. In the event of a conflict between the provisions of these Supplemental Provisions for Federal Awards, the Special Provisions, the Contract or any attachments or exhibits incorporated into and made a part of the Contract, the Supplemental Provisions for Federal Awards shall control. In the event of a conflict between the Supplemental Provisions for Federal Awards and the FFATA Supplemental Provisions (if any), the FFATA Supplemental Provisions shall control. 1) Federal Award Identification. a. Subrecipient: Board of County Commissioners of Weld County. b. Subrecipient Unique Entity Identification Number: • SAM Unique Entity ID (UEI): MKKXT9U9MTV5 C. The Federal Award Identification Number (FAIN) is FPHPA006465. d. The Federal award date is 9/10/2021. e. The subaward period of performance start date is 4/01/2019 and end date is 3/31/2022. f. Federal Funds: Federal Budget Period Total Amount of Federal Funds Awarded Amount of Federal Funds Obligated to CDPI-IE 4/01/2021- 3/31/2022 $15,161,460.00 $345,440.00 g. Federal award title of project or program: The Colorado Family Planning Program The name of the Federal awarding agency is: Department Of Health And Human Services and the contact information for the awarding official is Ms. Alissa Harvey, 1101 Wooton Pkway Ste 200 Rockville, MD 20852-1074, Phone: 240-453- 6162; the name of the pass -through entity is the State of Colorado, Department of Public Health and Environment (CDPHE), and the contact information for the CDPHE official is Callie Wise, Family Planning Program Manager, callie.wise@state.co.us. h. The Catalog of Federal Domestic Assistance (CFDA) number is 93.217 and the grant name is Family Planning Services. i. This award is not for research & development. j. Subrecipient is not required to provide matching funds. In the event the Subrecipient is required to provide matching funds, Section 8 of this Attachment applies. k. The indirect cost rate for the Federal award (including if the de minimis rate is charged per 2 CFR §200.414 Indirect (F&A) costs) is pre -determined based upon the State of Colorado and CDPHE cost allocation plan. 2) Subrecipient shall at all times during the term of this contract strictly adhere to the requirements under the Federal Award listed above, and all applicable federal laws, Executive Orders, and implementing regulations as they currently exist and may hereafter be amended. Page 1 of 4 Contract Number: 2021*0293 Amendment #2 Ver. 25.02.20 DocuSign Envelope ID: C6AEE5B1-69i0C-40AB-BEE2-1C37FBC626BE Exhibit D 3) Any additional requirements that CDPHE imposes on Subrecipient in order for CDPHE to meet its own responsibility to the Federal awarding agency, including identification of my required financial and performance reports, are stated in the Exhibits. 4) Subrecipies is approved indirect cost rate is as stated in the Exhibits. 5) Subrecipient must permit CDPHE and auditors to have access to Subrecipient's records and financial statements as necessary for CDPHE to meet the requirements of 2 CFR §200.331 Requirements for pass -through entities, §§ 200.300 Statutory and National Policy Requirements through §200.309 Period of performance, and Subpart F -Audit Requirements of this Part. 6) The appropriate terms and conditions concerning closeout of the subaward are listed in Section 16 of this Attachment. 7) Performance and Final Status. Subrecipient shall submit all financial, performance, and other reports to CDPHE no later than 45 calendar days after the period of performance end date or sooner termination of this Contract containing an evaluation and review of Subrecipient's performance and the final status of Subrecipient's obligations hereunder. 8) Matching Funds. Subrecipient shall provide matching funds as stated in the Exhibits. Subrecipient shall have raised the full amount of matching funds prior to the Effective Date and shall report to CDPHE regarding the status of such funds upon request. Subrecipient's obligation to pay all or any part of any matching funds, whether direct or contingent, only extends to funds duly and lawfully appropriated for the purposes of this Contract by the authorized representatives of the Subrecipient and paid into the Subrecipient's treasury or bank account. Subrecipient represents to CDPHE that the amount designated as matching funds has been legally appropriated for the purposes of this Contract by its authorized representatives and paid into its treasury or bank account. Subrecipient does not by this Contract irrevocably pledge present cash reserves for payments in future fiscal years, and this Contract is not intended to create a multiple -fiscal year debt of the Subrecipient. Subrecipient shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Subrecipient's laws or policies. 9) Record Retention Period. The record retention period previously stated in this Contract is replaced with the record retention period prescribed in 2 CFR §200.333. 10) Single Audit Requirements. If Subrecipient expends $750,000 or more in Federal Awards during Subrecipient's fiscal year, 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) Contract Provisions. Subrecipient shall comply with and shall include all of the following applicable provisions in all subcontracts entered into by it pursuant to this Contract: a. Office of Management and Budget Circulars and The Common Rule for Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, as applicable; b. when required by Federal program legislation, the "Davis -Bacon Act", as amended (40 U.S.C. 3141-3148) as supplemented by Department of Labor Regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"); c. when required by Federal program legislation, the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building of Public Work Financed in Whole or in Part by Loans or Grants from the United States"). Page 2 of 4 Contract Number: 2021*0293 Amendment #2 Ver. 25.02.20 DocuSign Envelope ID: C6AEE5B1-690C-40AB-BEE2-1C37FBC626BE Exhibit D d. 42 U.S.C. 6101 et s., 42 U.S.C. 2000d, 29 U.S.C. 794 (regarding discrimination); e. the "Americans with Disabilities Act" (Public Law 101-336; 42 U.S.C. 12101, 12102, 12111 - 12117, 12131 - 12134, 12141 - 12150, 12161 - 12165, 12181 - 12189, 12201 - 12213 and 47 U.S.C. 225 and 47 U.S.C. 611); f. when applicable, the Contractor shall comply with the provisions of the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (Common Rule); g. The Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6062 of Public Law 110-252, including without limitation all data reporting requirements required there under. This Act is also referred to as FFATA. h. Contractor shall comply with the provisions of Section 601 of Title VI of the Civil Rights Act of 1964, as amended. i. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 comply with the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity: (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. j. Where applicable, Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). k. If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into an agreement with a small business firm or nonprofit organization, comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. If applicable, comply with the mandatory standards and policies on energy efficiency contained within the State of Colorado's energy conservation plan issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. 6201. The Contractor and all principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; the Contractor and all principals shall comply with all applicable regulations pursuant to Executive Order 12549 (3 CFR Part 1986 Comp., p. 189) and Executive Order 12689 (3 CFR Part 1989 Comp., p. 235), Debarment and Suspension; and, o. the Contractor shall comply where applicable, the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). 12) Compliance. Subrecipient shall comply with all applicable provisions of The Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), including but not limited to these Supplemental Provisions for Federal Awards. Any revisions to such provisions automatically shall become a part of these Supplemental Provisions, without the necessity of either party executing any further instrument. Page 3 of 4 Contract Number: 2021*0293 Amendment #2 Ver. 25.02.20 DocuSign Envelope ID: C6AEE5B1-690C-40AB-BEE2-1C37FBC626BE Exhibit D CDPHE may provide written notification to Subrecipient of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 13) Procurement Procedures. Subrecipient shall use its own documented procurement procedures which reflect applicable State, local, and Tribal laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in the Uniform Guidance, including without limitation, §§200.318 through 200.326 thereof. 14) Certifications. Unless prohibited by Federal statutes or regulations, CDPHE 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 CDPHE at the end of the Contract that the project or activity was completed or the level of effort was expended. 2 CFR §200.201(b)(3). If the required level of activity or effort was not carried out, the amount of the Contract must be adjusted. 15) Event of Default. Failure to comply with the Uniform Guidance or these Supplemental Provisions for Federal Awards shall constitute an event of default under the Contract pursuant to 2 CFR §200.339 and CDPHE may terminate the Contract in accordance with the provisions in the Contract. 16) Close- Out. Subrecipient shall close out this Contract within 45 days after the End Date. Contract close out entails submission to CDPHE by Subrecipient of all documentation defined as a deliverable in this Contract, and Subrecipient's final reimbursement request. If the project has not been closed by the Federal awarding agency within 1 year and 45 days after the End Date due to Subrecipient's failure to submit required documentation that CDPHE has requested from Subrecipient, then Subrecipient may be prohibited from applying for new Federal awards through the State until such documentation has been submitted and accepted. 17) Erroneous Payments. The closeout of a Federal award does not affect the right of the Federal awarding agency or CDPHE to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance recovery is to be made within the record retention period. EXHIBIT END Page 4 of 4 Contract Number: 2021*0293 Amendment 142 Ver. 25.02.20 DocuSign Envelope ID: C6AEE5B1-690C-40AB-BEE2-1C37FBC626BE Exhibit G Federal Provisions — Colorado Family Planning Program Proposal to Enhance and Expand Access to Telehealth Title X Family Planning Services For the purposes of this Exhibit only, Contractor is also identified as "Subrecipient." This Contract has been funded, in whole or in part, with an award of Federal funds. In the event of a conflict between the provisions of these Supplemental Provisions for Federal Awards, the Special Provisions, the Contract or any attachments or exhibits incorporated into and made a part of the Contract, the Supplemental Provisions for Federal Awards shall control. In the event of a conflict between the Supplemental Provisions for Federal Awards and the FFATA Supplemental Provisions (if any), the FFATA Supplemental Provisions shall control. 1) Federal Award Identification. a. Subrecipient: Board of County Commissioners of Weld County. b. Subrecipient Unique Entity Identification Number: • SAM Unique Entity ID (UEI): MKKXT9U9MTV5 c. The Federal Award Identification Number (FAIN) is FPHPA006611. d. The Federal award date is 5/02/2022. e. The subaward period of performance start date is 5/15/2022 and end date is 5/31/2023. f. Federal Funds: Federal Budget Period Total Amount of Federal Funds Awarded Amount of Federal Funds Obligated to CDPHE 7/01/2022 - 6/30/2023 $769,981.00 $769,981.00 g. Federal award title of project or program: Colorado Family Planning Program Proposal to Enhance and Expand Access to Telehealth Title X Family Planning Services. h. The name of the Federal awarding agency is: Department Of Health And Human Services and the contact information for the awarding official is Ms. Tisha Reed, Public Health Analyst/Title X Project Officer, tisha.reedtSihhs.gov, Phone: 240-453- 6162; the name of the pass -through entity is the State of Colorado, Department of Public Health and Environment (CDPHE), and the contact information for the CDPHE official is Callie Wise, Family Planning Program Manager, callie.wise@state.co.us. i. The Catalog of Federal Domestic Assistance (CFDA) number is 93.217 and the grant name is Family Planning Services. j. This award is not for research & development. k. Subrecipient is not required to provide matching funds. In the event the Subrecipient is required to provide matching funds, Section 8 of this Attachment applies. 1. The indirect cost rate for the Federal award (including if the de minimis rate is charged per 2 CFR §200.414 Indirect (F&A) costs) is pre -determined based upon the State of Colorado and CDPHE cost allocation plan. Page 1of4 Contract Number: 2021*0293 Amendment #2 Ver. 25.02.20 DocuSign Envelope ID: C6AEE5B1-69OC-40AB-BEE2-1C37FBC626BE Exhibit G 2) Subrecipient shall at all times during the term of this contract strictly adhere to the requirements under the Federal Award listed above, and all applicable federal laws, Executive Orders, and implementing regulations as they currently exist and may hereafter be amended. 3) Any additional requirements that CDPHE imposes on Subrecipient in order for CDPHE to meet its own responsibility to the Federal awarding agency, including identification of any required financial and performance reports, are stated in the Exhibits. 4) Subrecipient's approved indirect cost rate is as stated in the Exhibits. 5) Subrecipient must permit CDPHE and auditors to have access to Subrecipient's records and financial statements as necessary for CDPHE to meet the requirements of 2 CFR §200.331 Requirements for pass -through entities, §§ 200.300 Statutory and National Policy Requirements through §200.309 Period of performance, and Subpart F -Audit Requirements of this Part. 6) The appropriate terms and conditions concerning closeout of the subaward are listed in Section 16 of this Attachment. 7) Performance and Final Status. Subrecipient shall submit all financial, performance, and other reports to CDPHE no later than 45 calendar days after the period of performance end date or sooner termination of this Contract containing an evaluation and review of Subrecipient's performance and the final status of Subrecipient's obligations hereunder. 8) Matching Funds. Subrecipient shall provide matching funds as stated in the Exhibits. Subrecipient shall have raised the full amount of matching funds prior to the Effective Date and shall report to CDPHE regarding the status of such funds upon request. Subrecipient's obligation to pay all or any part of any matching funds, whether direct or contingent, only extends to funds duly and lawfully appropriated for the purposes of this Contract by the authorized representatives of the Subrecipient and paid into the Subrecipient's treasury or bank account. Subrecipient represents to CDPHE that the amount designated as matching funds has been legally appropriated for the purposes of this Contract by its authorized representatives and paid into its treasury or bank account. Subrecipient does not by this Contract irrevocably pledge present cash reserves for payments in future fiscal years, and this Contract is not intended to create a multiple -fiscal year debt of the Subrecipient. Subrecipient shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Subrecipient's laws or policies. 9) Record Retention Period. The record retention period previously stated in this Contract is replaced with the record retention period prescribed in 2 CFR §200.333. 10) Single Audit Requirements. If Subrecipient expends $750,000 or more in Federal Awards during Subrecipient's fiscal year, 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) Contract Provisions. Subrecipient shall comply with and shall include all of the following applicable provisions in all subcontracts entered into by it pursuant to this Contract: a. Office of Management and Budget Circulars and The Common Rule for Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, as applicable; b. when required by Federal program legislation, the "Davis -Bacon Act", as amended (40 U.S.C. 3141-3148) as supplemented by Department of Labor Regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"); Page 2 of 4 Contract Number: 2021*0293 Amendment #2 Ver. 25.02.20 DocuSign Envelope ID: C6AEE5B1-690C-40AB-BEE2-1C37FBC626BE Exhibit G c. when required by Federal program legislation, the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building of Public Work Financed in Whole or in Part by Loans or Grants from the United States"). d. 42 U.S.C. 6101 et sue, 42 U.S.C. 2000d, 29 U.S.C. 794 (regarding discrimination); e. the "Americans with Disabilities Act" (Public Law 101-336; 42 U.S.C. 12101, 12102, 12111 - 12117, 12131 - 12134, 12141 - 12150, 12161 - 12165, 12181 - 12189, 12201 - 12213 and 47 U.S.C. 225 and 47 U.S.C. 611); f. when applicable, the Contractor shall comply with the provisions of the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (Common Rule); g. The Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6062 of Public Law 110-252, including without limitation all data reporting requirements required there under. This Act is also referred to as FFATA. h. Contractor shall comply with the provisions of Section 601 of Title VI of the Civil Rights Act of 1964, as amended. i. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 comply with the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity: (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. j. Where applicable, Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). k. If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into an agreement with a small business firm or nonprofit organization, comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 1. The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. m. If applicable, comply with the mandatory standards and policies on energy efficiency contained within the State of Colorado's energy conservation plan issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. 6201. The Contractor and all principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; the Contractor and all principals shall comply with all applicable regulations pursuant to Executive Order 12549 (3 CFR Part 1986 Comp., p. 189) and Executive Order 12689 (3 CFR Part 1989 Comp., p. 235), Debarment and Suspension; and, the Contractor shall comply where applicable, the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Page 3 of 4 Contract Number: 2021*0293 Amendment #2 Ver. 25.02.20 DocuSign Envelope ID: C6AEE5B1-690C-40AB-BEE2-1C37FBC626BE Exhibit G 12) Compliance. Subrecipient shall comply with all applicable provisions of The Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), including but not limited to these Supplemental Provisions for Federal Awards. Any revisions to such provisions automatically shall become a part of these Supplemental Provisions, without the necessity of either party executing any further instrument. CDPHE may provide written notification to Subrecipient of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 13) Procurement Procedures. Subrecipient shall use its own documented procurement procedures which reflect applicable State, local, and Tribal laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in the Uniform Guidance, including without limitation, §§200.318 through 200.326 thereof. 14) Certifications. Unless prohibited by Federal statutes or regulations, CDPHE 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 CDPHE at the end of the Contract that the project or activity was completed or the level of effort was expended. 2 CFR §200.201(b)(3). If the required level of activity or effort was not carried out, the amount of the Contract must be adjusted. 15) Event of Default. Failure to comply with the Uniform Guidance or these Supplemental Provisions for Federal Awards shall constitute an event of default under the Contract pursuant to 2 CFR §200.339 and CDPHE may terminate the Contract in accordance with the provisions in the Contract. 16) Close- Out. Subrecipient shall close out this Contract within 45 days after the End Date. Contract close out entails submission to CDPHE by Subrecipient of all documentation defined as a deliverable in this Contract, and Subrecipient's final reimbursement request. If the project has not been closed by the Federal awarding agency within 1 year and 45 days after the End Date due to Subrecipient's failure to submit required documentation that CDPHE has requested from Subrecipient, then Subrecipient may be prohibited from applying for new Federal awards through the State until such documentation has been submitted and accepted. 17) Erroneous Payments. The closeout of a Federal award does not affect the right of the Federal awarding agency or CDPHE to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance recovery is to be made within the record retention period. EXHIBIT END Page 4 of 4 Contract Number: 2021 *0293 Amendment #2 Ver. 25.02.20 Contract Form New Contract Request Entity Information Entity ID* #00001926 New Entity? Entity Name COLORADO DEFT OF PUBLIC HEALTH /ENVIRONMENT Contract Name * CDPHE FY22-23 FAMILY PLANNING AMENDMENT #2 Contract Status CTB REVIEW Contract Description. CDPHE FY22-23 FAMILY PLANNING AMENDMENT #2 Contract Description 2 2021"0293,2021'0293A1, 2021.0293A2 Contract Type. AMENDMENT Amount. $0.00 Renewable. NO Automatic Renewal NO Grant YES IGA NO Department HEALTH Department Email CM-Health#weldgov.com Department Head Email CM-Health- DeptHead weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTO RN EYA'WELDG OV.COM Contract ID 6495 Contract Lead AGOMEZ Contract Lead Email agomezgweldgov.com Requested BOCC Agenda Date. 11 21,2022 Parent Contract ID 6044 Requires Board Approval YES Department Project # Due Date 11./17/2022 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO Grant Deadline Date If this is a renewal enter previous Contract ID If this is part of a RSA enter RIA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date 11;21/2022 Review Date* 03/29/2023 Renewal Date Termination Notice Period Committed Delivery Date Contact Information Contact Info Contact Name Purchasing Expiration Date* 06/30/2023 Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head TANYA GEISER DH Approved Date 11,16;2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 11/21/2022 Originator AG OM EZ Finance Approver CHERYL PATTELLI Legal Counsel KARIN MCDOUGAL Finance Approved Date Legal Counsel Approved Date 11/17/2022 11/17/2022 Tyler Ref # AG 112122 Hello