HomeMy WebLinkAbout20221895.tiffRESOLUTION
RE: APPROVE CONTRACT AMENDMENT #2 FOR AREA AGENCY ON AGING (AAA)
SERVICES AND AUTHORIZE CHAIR PRO-TEM 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 #1 for Area Agency
on Aging (AAA) Services 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, Office of Adult, Aging and Disability Services,
Division of Aging and Adult Services, commencing September 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 Area Agency on Aging (AAA) Services
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, Office of Adult, Aging and Disability Services, Division
of Aging and Adult Services, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem 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 6th day of July, A.D., 2022, nunc pro tunc September 1, 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: „�,/�et);e.4.
Weld County Clerk to the Board
ounty Att•rney
Date of signature: �l — l9 - as
EXCUSED
Scott K. James, Chair
cc: HSD
/16 /22
2022-1895
HR0094
CnkraC-t
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: June 28, 2022
TO: Board of County Commissioners Pass -Around
FR: Jamie Ulrich, Director, Human Services
RE: Area Agency on Aging (AAA) Older Americans Act and
State Funding for Senior Services (OAA/SFSS) Contract
Amendment #2 (23 IHEA 174533)
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 Area Agency on Aging (AAA) Older Americans Act
and State Funding for Senior Services (OAA/SFSS) Contract Amendment #2 (23 IHEA 174533).
The Weld County Area Agency on Aging (AAA) receives funding annually from the Colorado
Department of Human Services (CDHS) to provide Older Americans Act and other services to Weld
County older adults. The current contract, identified as 202U-2588, was entered into on August 27, 2020.
In April 2021 Amendment #1 was issued to add additional federal funds. The State is now amending the
contract for a second time to add an additional $2,548,867.00 for a new total of $7,719,192.24, clarify the
Legal Services provided through this contract on the Statement of Work, and renew the Contract for an
additional term. The new contract expiration date will be June 30, 2023.
I do not recommend a Work Session. I recommend approval of this Amendment #2 and authorize the
Chair to sign electronically via DocuSign.
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; June 28, 2022 — CMS ID 6082
Page 1
2022-1895
n-7
loco
Hf 00TH
DocuSign Envelope ID: D82A5301-67D2-46C3-9AEC-407873277D4C
COLORADO
f > Finaneiat Services
CONTRACT AMENDMENT #2
SIGNATURE AND COVER PAGE
State Agency
Colorado Department of Human Services
Office of Adult, Aging and Disability Services
Division of Aging and Adult Services
Original Contract Number
21 IHEA 160180
Contractor
Amendment Contract Number
Weld County, Colorado
23 IHEA 174533
Weld County Department of Human Services
Weld County Area Agency on Aging
Current Contract Maximum Amount
Contract Performance Beginning Date
Initial Term
September 1, 2020
09/01/20 to 06/30/21 $1,896,223.70
Extension Terms
Current Contract Expiration Date
State Fiscal Year 2022 $3,274,101.54
June 30, 2023
State Fiscal Year 2023 $2,548,867.00
Total for All State Fiscal Years $7,719,192.24
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
Weld County, Colorado
Weld County Department of Human Services
Weld County Area Agency on Aging
DocuSigned by:
114.1 0. Frt,UMaan,
By: Scott _X.-Jasnes.B ire...
Date:
7/12/2022
STATE OF COLORADO
Jared Polis, Governor
Colorado Department of Human Services
Michelle Barnes, Executive Director
Docuslgned by:
By: Yoland e� $n irector
Office of Adult, Aging and Disability Services
7/12/2022
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 Jams, CPA, MBA, JD
Docuslgned by:
r7;evi; Ztl,lGis.,Nno,�
By:
D2A31DEB61gC416...
Andrea Enrich / Janet Miks /Toni Williamson
7/12/2022
Amendment Effective Date:
Amendment Contract Number:#2 Page 1 of 3
Rev. 1/14/19 O6— / 715
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 or July 1, 2022, whichever is later and shall terminate
on the termination of the Contract.
4. PURPOSE
The purpose of this Contract is to provide services for older adults in the Contractor's designated
planning and services area as mandated by the Older Americans Act and State Funding for Senior
Services. Services include: congregate meals and home delivered meals, transportation, in -home
supportive services, caregiver support services, ombudsman services, legal assistance, material aid, and
health promotion through evidence -based programs. The distribution and use of funds is approved and
monitored by the State Unit on Aging.
This Amendment's purpose is to modify the Statement of Work to clarify that the Legal Services
provided through this Contract are prioritized as required by the Older Americans Act. This Amendment
will also renew this Contract for an additional term.
5. MODIFICATIONS
The Contract and all prior amendments thereto, if any, are modified as follows:
A. The Contract Initial Contract Expiration Date on the Contract's Signature and Cover Page is
hereby deleted and replaced with the Current Contract Expiration Date shown on the
Signature and Cover Page for this Amendment.
B. 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.
C. The Contract's Exhibit A: Statement of Work, Section III(K)(2), is hereby modified to:
Legal Assistsance Services: The Local Legal Assistance Program is established under the
oversight of the Office of the Colorado Legal Assistance Developer (CLAD), which
operates under a separate contract with the State to provide oversight, technical
assistance, and consultation for the Local Legal Assistance providers. The AAA and the
Legal Assistsance Program will prioritize legal assistance in the form of advice or
representation for cases related to income, health care, long-term care, nutrition, housing,
Amendment Contract Number:#2
Page 2 of 3 Rev. 1/14/19
utilities, protective services, defense of guardianship, abuse, neglect, and age
discrimination.
With regard to Legal Assistance Programs provided, the Contractor shall:
a. Establish and maintain an appropriately staffed Legal Assistance Program;
b. Require local providers to adherer to the requirements within the SUA Policies
and Procedures Manual;
c. Produce timely reports as required by the Office of the CLAD and the State,
including the Legal Assistance Tracking Report; and
d. Work to resolve any issues noted by the CLAD, such as those identified during
the CLAD's on -site Evaluation
6. LIMITS OF EFFECT AND ORDER OF PRECEDENCE
This Amendment is incorporated by reference into the Contract, and the Contract and all prior
amendments or other modifications to the Contract, if any, remain in full force and effect except
as specifically modified in this Amendment. Except for the Special Provisions contained in the
Contract, in the event of any conflict, inconsistency, variance, or contradiction between the
provisions of this Amendment and any of the provisions of the Contract or any prior modification
to the Contract, the provisions of this Amendment shall in all respects supersede, govern, and
control. The provisions of this Amendment shall only supersede, govern, and control over the
Special Provisions contained in the Contract to the extent that this Amendment specifically
modifies those Special Provisions.
Amendment Contract Number:#2 Page 3 of 3
Rev. 1/14/19
EXHIBIT D-4
BUDGET FUNDING REQUEST CONTRACT
SFY 2023 FUNDING REQUEST
TITLE III & TITLE VII & STATE FUNDING FOR SENIOR
SERVICES
WELD COUNTY, COLORADO
WELD COUNTY DEPARTMENT OF HUMAN SERVICES
WELD COUNTY AREA AGENCY ON AGING
REGION 2B
JULY 1, 2022 TO JUNE 30, 2023
BUDGET FUNDING
$259,998.00
$274,264.00
SFY 21 STATE
AND FEDERAL
v 3FtINnS.
SFY 22 INITAL.
STATE AND
FEDERAL
SFY 22 OPTION
LETTER #2
CARRYOVER
FROM SFY 21
INCREASE OR
DECREASE :z
'TOTAL SFY 22
STATE' AND
FEDERAL
FUNDS OPTION.
LETTER -O
$279,717.00
TOTAL SFY 23
STATE AND
FEDERAL FUNDS
tMEN T 'ENT #2
GRAND TOTAL
SFY 21, SFY 22,
AND SOY 23.
TITLE III - Part B
$88,330.52
$362,594.52
$676,793.22
$263,848.60
$902,309.52
TITLE III - Part Cl
TITLE III - Part C2
TITLE III - Part D
$345,798.00
$180,597.00
$365,594.00
$201,804.00
$311,199.22
$367,176.00
$213,116.00
$1,389,767.22
$62,044.60
$657,561.60
$18,386.00
$20,227.00
$3,971.51
$24,198.51
$20,096.00
$62,680.51
TITLE III - Part E
$109,874.00
$121,555.00
$95,533.96
$217,088.96
$125,905.00
$452,867.96
State E Match
$7,333.00
$7,403.00
$0.00
$7,403.00
$7,544.00
$22,280.00
Federal Admin
TITLE VII - EA
$95,231.00
$100,103.00
$185,671.81
$285,774.81
$104,240.00
$485,245.81
$2,174.00
$8,548.00
$1,928.00
$3,962.30
$5,890.30
$2,000.00
$10,064.30
$43,443.62
TITLE VII - OMB
$10,368.00
$13,211.62
$23,579.62
$11,316.00
State Services
State Admin
State Homestead
State Homestead Admin
$587,124.70
$126,284.00
$154,876.00
$1,125,520.00
$0.00
$0.00
$0.00
$0.00
$1,125,520.00
$1,132,588.00
$2,845,232.70
$125,058.00
$140,717.00
$125,058.00
$140,717.00
$125,843.00
$143,393.00
$377,185.00
$438,986.00
$0.00
$15,635.00
$15,635.00
$15,933.00
$31,568.00
GRAND TOTAL
$1,896,223.70
$2,510,176.00
$763,925.54
$3,274,101.54 $2,548,867.00
$7,719,192.24
PAGE 1 OF 1
At
COLORADO
Financial Services
Dapanonent of Human Suntan
Division of Contracts and Procurement
EXHIBIT E-4
Supplemental Provisions for Federal Awards
For the purposes of this Exhibit only, Contractor is also identified as "Subrecipient." This Contract has been funded, in
whole or in part, with an award of Federal funds. In the event of a conflict between the provisions of these Supplemental
Provisions for Federal Awards, the Special Provisions, the Contract or any attachments or exhibits incorporated into and
made a part of the Contract, the Supplemental Provisions for Federal Awards shall control. In the event of a conflict
between the Supplemental Provisions for Federal Awards and the FFATA Supplemental Provisions (if any), and/or
exhibit regarding SLFRF Federal Provisions, the terms re FFATA and/or SLFRF shall control. If the source of the funding
of the Contract is a grant, these Federal Provisions are subject to the Award as defined in §2 of these Federal Provisions,
as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institutions of
higher education.
1) Federal Award Identification
i. Subrecipient: Weld County, Colorado, Weld County Department of Human Services,
Weld County Area Agency on Aging;
ii. Subrecipient DUNS number: 075757955 (UEI number MKKXT9U9MTV5);
iii. The Federal Award Identification Number (FAIN) is:
Title III Part B — Supportive Services - 2101COOASS-02; Title III Part C1 — Congregate Meals -
2101COOACM-02; Title III Part C2 — Home Delivered Meals - 2101COOAHD-02; Title III Part D
— Preventative Health - 2101 COOAPH-02; TITLE III Part E - National Family Caregiver Support
Program - 2101 COOAFC-02; Title VII EA — Elder Abuse - 2101 COOAEA-02; and Title VII
Ombudsman — Ombudsman - 2101COOAOM-02
iv. The Federal award date is October 1, 2020;
v. The subaward period of performance start date is October 1, 2020 and end date is September 30,
2022;
vi. Federal Funds available in SFY 2023:
CONTRACT
OR FISCAL
YEAR
09/01/2020 TO
FUNDING PART
FEDERAL ADMIN *
AMOUNT OF
FEDERAL FUNDS
OBLIGATED BY THIS
CONTRACT
TOTAL AMOUNT OF
FEDERAL FUNDS
OBLIGATED TO THE
SUBRECIPIENT
TOTAL AMOUNT OF
THE FEDERAL
FUNDS AWARD
COMMITED TO
SUBRECIPIENT BY
CDHS
06/30/2022
$104,240.00
$485,245.81
$485,245.81
09/01/2020 TO
06/30/2022
FEDERAL PART B
$279,717.00
$902,309.52
$902,309.52
09/01/2020 TO
06/30/2022
FEDERAL PART C-1
$367,176.00
$1,389,767.22
$1,389,767.22
09/01/2020 TO
06/30/2022
FEDERAL PART C-2
$213,116.00
$657,561.60
$657,561.60
09/01/2020 TO
I 06/30/2022
FEDERAL PART D
$20,096.00
$62,680.51
$62,680.51
09/01/2020 TO
06/30/2022
FEDERAL PART E
$125,905.00
$452,867.96
$452,867.96
09/01/2020 TO
06/30/2022
FED ELDER ABUSE PREY.
$2,000.00
$10,064.30
$10,064.30
09/01/2020 TO
06/30/2022
FEDERAL OMBUDSMAN
$11,316.00
$43,443.62
$43,443.62
*Is comprised of
TOTAL $1,123,566.00 $4,003,940.54 $4,003,940.54
10% Federal Parts B, C-1, C-2, and E as authorized by the Older American's Act.
Supplemental Provisions for Federal Awards
Page 1 of 11
Revised December 2021
i. Federal award project description: Older Americans Act Title III — Grants for State and Community
Programs on Aging and Older Americans Act Title VII — Allotments for Vulnerable Elder Rights
Protection Activities;
ii. The name of the Federal awarding agency is Department of Health and Human Services,
Administration for Community Living; the name of the pass -through entity is the State of Colorado,
Department of Human Services (CDHS); and the contact information for the awarding official is 1-
877-614-5533; PMSSupport@psc.gov.
iii. The Catalog of Federal Domestic Assistance (CFDA) number is:
CONTRACT OR
FISCAL YEAR
09/01/2020 TO
06/30/2023
PROGRAM TITLE
TITLE III B SUPPORTIVE SERVICES
GRANT #
2201COOASS-02
CFDA #
93.044
09/01/2020 TO
06/30/2023
TITLE III C1 CONGREGATE MEALS
2201COOACM-02
93.045
09/01/2020 TO
06/30/2023
TITLE III C2 HOME -DELIVERED MEALS
2201COOAHD-02
93.045
09/01/2020 TO
06/30/2023
TITLE III D PREVENTIVE HEALTH
2201COOAPH-02
93.043
09/01/2020 TO
06/30/2023
TITLE III E NFCSP
2201COOAFC-02
93.052
09/01/2020 TO
06/30/2023
TITLE VII ELDER ABUSE PREVENTION
2201COOAEA-02
93.041
09/01/2020 TO
06/30/2023
TITLE VII OMBUDSMAN
2201COOAOM-02
93.042
x. This award is not for research & development;
xi. The indirect cost rate for the Federal award (including if the de minimis rate is charged per 2 CFR §200.414
Indirect (F&A) costs) is pre -determined based upon the State of Colorado and CDHS cost allocation plan.
2) All requirements imposed by CDHS on Subrecipient so that the Federal award is used in accordance with
Federal statutes, regulations, and the terms and conditions of the Federal award, are stated in Exhibit A,
Statement of Work.
3) Any additional requirements that CDHS imposes on Subrecipient in order for CDHS to meet its own
responsibility to the Federal awarding agency, including identification of any required financial and
performance reports, are stated in Exhibit A, Statement of Work.
4) Subrecipient's approved indirect cost rate is Subrecipient does not use an indirect cost rate.
Subrecipient's indirect costs are distributed based on its Indirect Cost Allocation Plan.
5) Subrecipient must permit CDHS and auditors to have access to Subrecipient's records and financial
statements as necessary for CDHS to meet the requirements of 2 CFR §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 18 of this
Exhibit and Exhibit A, Statement of Work.
7) Performance and Final Status. Subrecipient shall submit all financial, performance, and other reports to
CDHS 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.
Supplemental Provisions for Federal Awards
Page 2 of 11 Revised December 2021
1) Matching Funds
If a box below is checked, the accompanying provision applies.
i. ❑ Subrecipient is not required to provide matching funds.
ii. ll Subrecipient shall provide matching funds as stated in Exhibit A, Statement of Work. Subrecipient
shall have raised the full amount of matching funds prior to the Effective Date and shall report to
CDHS regarding the status of such funds upon request. Subrecipient's obligation to pay all or any
part of any matching funds, whether direct or contingent, only extends to funds duly and lawfully
appropriated for the purposes of this Contract by the authorized representatives of the Subrecipient
and paid into the Subrecipient's treasury or bank account. Subrecipient represents to CDHS that the
amount designated as matching funds has been legally appropriated for the purposes of this Contract
by its authorized representatives and paid into its treasury or bank account. Subrecipient does not by
this Contract irrevocably pledge present cash reserves for payments in future fiscal years, and this
Contract is not intended to create a multiple -fiscal year debt of the Subrecipient. Subrecipient shall
not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature,
except as required by Subrecipient's laws or policies.
1. DEFINITIONS.
1.1. For the purposes of these Federal Provisions, the following terms shall have the meanings ascribed to them
below.
1.1.1. "Award" means an award of Federal financial assistance, and the Contract setting forth the terms and
conditions of that financial assistance, that a non -Federal Entity receives or administers.
1.1.1.1.1. Awards may be in the form of:
1.1.1.1.2. Grants;
1.1.1.1.3. Contracts;
1.1.1.1.4. Cooperative Contracts, which do not include cooperative research and development
Contracts (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as amended (15 U.S.C.
3710);
1.1.1.1.5. Loans;
1.1.1.1.6. Loan Guarantees;
1.1.1.1.7. Subsidies;
1.1.1.1.8. Insurance;
1.1.1.1.9. Food commodities;
1.1.1.1.10. Direct appropriations;
1.1.1.1.11. Assessed and voluntary contributions; and
1.1.1.1.12. Other financial assistance transactions that authorize the expenditure of Federal funds by
non -Federal Entities.
1.1.1.1.13. Any other items specified by OMB in policy memoranda available at the OMB website or
other source posted by the OMB.
1.1.1.2. Award does not include:
1.1.1.2.1. Technical assistance, which provides services in lieu of money;
1.1.1.2.2. A transfer of title to Federally -owned property provided in lieu of money; even if the award
is called a grant;
1.1.1.2.3. Any award classified for security purposes; or
Supplemental Provisions for Federal Awards
Page 3 of 11 Revised December 2021
1.1.1.2.1. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of
the American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111-5).
1.1.2. "Contract" means the Contract to which these Federal Provisions are attached and includes all Award types
in § of this Exhibit.
1.1.3. "Contractor" means the party or parties to a Contract funded, in whole or in part, with Federal financial
assistance, other than the Prime Recipient, and includes grantees, subgrantees, Subrecipients, and
borrowers. For purposes of Transparency Act reporting, Contractor does not include Vendors.
1.1.4. "Data Universal Numbering System (DUNS) Number" means the nine -digit number established and
assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet's website
may be found at: http://fedgov.dnb.com/webform.
1.1.5. "Entity" means:
1.1.5.1. If the source of funding is a Grant:
1.1.5.1.1. a Non -Federal Entity;
1.1.5.1.2. a foreign public entity;
1.1.5.1.3. a foreign organization;
1.1.5.1.4. a non-profit organization;
1.1.5.1.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
1.1.5.1.6. a foreign non-profit organization (only for 2 CFR part 170) only);
1.1.5.1.7. a Federal agency, but only as a Subrecipient under an Award or Subaward to a
non -Federal entity (or 2 CFR 200.1); or
1.1.5.1.8. a foreign for-profit organization (for 2 CFR part 170 only).
1.1.5.2. If the source of funding is not a Grant:
1.1.5.2.1. all of the following as defined at 2 CFR part 25, subpart C;
1.1.5.2.2. A governmental organization, which is a State, local government, or Indian Tribe;
1.1.5.3. a foreign public entity;
1.1.5.4. a domestic or foreign non-profit organization;
1.1.5.5. a domestic or foreign for-profit organization; and
1.1.5.6. a Federal agency, but only a Subrecipient under an Award or Subaward to a non -
Federal entity.
1.1.6. "Executive" means an officer, managing partner or any other employee in a management position.
1.1.7. If the source of funding is a Grant, "Federal Awarding Agency" means a Federal agency providing a
Federal Award to a Recipient as described in 2 CFR 200.1. If the source of funding is not a Grant, "Federal
Award Identification Number (FAIN)" means an Award number assigned by a Federal agency to a Prime
Recipient.
1.1.8. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282),
as amended by §6202 of Public Law 110-252. FFATA, as amended, also is referred to as the "Transparency
Act."
1.1.9. "Federal Provisions" means these Federal Provisions subject to the Transparency Act and Uniform
Guidance, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado
agency or institutions of higher education.
1.1.10. If the source of funding is a Grant, "Grant" as used herein is the Contract to which these Federal Provisions
are attached.
Supplemental Provisions for Federal Awards
Page 4 of 11 Revised December 2021
1.1.1. "Grantee" means the party or parties identified as such in the Grant to which these Federal Provisions are
attached if the source of funding is a Grant.
1.1.2. "Non -Federal Entity means a State, local government, Indian tribe, institution of higher education, or
nonprofit organization that carries out a Federal Award as a Recipient or a Subrecipient.
1.1.3. "Nonprofit Organization" means any corporation, trust, association, cooperative, or other organization, not
including IHEs, that:
1.1.3.1. Is operated primarily for scientific, educational, service, charitable, or similar purposes in the
public interest;
1.1.3.2. Is not organized primarily for profit; and
1.1.3.3. Uses net proceeds to maintain, improve, or expand the operations of the organization.
1.1.4. "OMB" means the Executive Office of the President, Office of Management and Budget.
1.1.5. "Pass -through Entity" means a non -Federal Entity that provides a Subaward to a Subrecipient to carry out
part of a Federal program.
1.1.6. "Prime Recipient" means a Colorado State agency or institution of higher education that receives an Award,
or, of the source of funding is a Grant it is that agency or institution identified as the Grantor in the Grant
to which these Federal Provisions are attached.
1.1.7. "Subaward" means an award by a Prime Recipient to a Subrecipient funded in whole or in part by a Federal
Award. The terms and conditions of the Federal Award flow down to the Subaward unless the terms and
conditions of the Federal Award specifically indicate otherwise in accordance with 2 CFR 200.101 or 2
CFR 200.38, as applicable. The term does not include payments to a contractor or payments to an individual
that is a beneficiary of a Federal program.
1.1.8. "Subrecipient" or, if the source of funding is a Grant, "Subgrantee" means a non -Federal Entity (or a Federal
agency under an Award or Subaward to a non -Federal Entity) receiving Federal funds through a Prime
Recipient to support the performance of the Federal project or program for which the Federal funds were
awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the Prime Recipient,
including program compliance requirements. The term "Subrecipient" includes and may be referred to as
Subgrantee. The term does not include an individual who is a beneficiary of a federal program.
1.1.9. "Subrecipient Parent DUNS Number" means the subrecipient parent organization's 9 -digit Data Universal
Numbering System (DUNS) number that appears in the subrecipient's System for Award Management
(SAM) profile, if applicable.
1.1.10. "System for Award Management (SAM)" means the Federal repository into which an Entity must enter
the information required under the Transparency Act, which may be found at http://www.sam.gov.
1.1.11. "Total Compensation" means the cash and noncash dollar value earned by an Executive during the Prime
Recipient's or Subrecipient's preceding fiscal year (see 48 CFR 52.204-10, as prescribed in 48 CFR
4.1403(a), as applicable) and includes the following:
1.1.11.1. Salary and bonus;
1.1.11.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005)
(FAS 123R), Shared Based Payments;
1.1.11.3. 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;
1.1.11.4. Change in present value of defined benefit and actuarial pension plans;
Supplemental Provisions for Federal Awards
Page 5 of 11 Revised December 2021
1.1.11.1. Above -market earnings on deferred compensation which is not tax -qualified;
1.1.11.2. Other compensation, if the aggregate value of all such other compensation (e.g., severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property) for the Executive exceeds $10,000.
1.1.12. "Transparency Act" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law
109-282), as amended by §6202 of Public Law 110-252. The Transparency Act may also be referred to as
FFATA.
1.1.13. "Uniform Guidance" means the Office of Management and Budget Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards, which, unless the source of funding is a Grant,
supersedes requirements from OMB Circulars A-21, A-87, A-110, and A-122, OMB Circulars A-89, A-
102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up. The terms and
conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform Guidance
or the terms and conditions of the Federal Award specifically indicate otherwise.
1.1.14. "Vendor" means a dealer, distributor, merchant or other seller providing property or services required for a
project or program funded by an Award. A Vendor is not a Prime Recipient or a Subrecipient and is not
subject to the terms and conditions of the Federal award. Program compliance requirements do not pass
through to a Vendor.
2. COMPLIANCE.
2.1. Contractor/Grantee shall comply with all applicable provisions of the Transparency Act and the regulations
issued pursuant thereto, all applicable provisions of the Uniform Guidance, including, but not limited to, all
applicable Federal Laws and regulations required by this Federal Award. Any revisions to such provisions or
regulations shall automatically become a part of these Federal Provisions, without the necessity of either party
executing any further instrument. The State of Colorado, at its discretion, may provide written notification to
Contractor/Grantee of such revisions, but such notice shall not be a condition precedent to the effectiveness of
such revisions.
3. SYSTEM FOR AWARD MANAGEMENT (SAM) AND DATA UNIVERSAL NUMBERING SYSTEM (DUNS)
REQUIREMENTS.
3.1. SAM. Contractor/Grantee shall maintain the currency of its information in SAM until the Contractor/Grantee
submits the final financial report required under the Award or receives final payment, whichever is later.
Contractor/Grantee shall review and update SAM information at least annually after the initial registration, and
more frequently if required by changes in its information.
3.2. DUNS. Contractor/Grantee shall provide its DUNS number to its Prime Recipient, and shall update
Contractor's/Grantee's information in Dun & Bradstreet, Inc. at least annually after the initial registration, and
more frequently if required by changes in Contractor's/Grantee's information.
4. TOTAL COMPENSATION.
4.1. Contractor/Grantee shall include Total Compensation in SAM for each of its five most highly compensated
Executives for the preceding fiscal year if:
4.1.1. The total Federal funding authorized to date under the Award is $30,000 or more if the source of funding
is a Grant, or otherwise $25,000 or more if the source of funding is not a Grant; and
4.1.2. In the preceding fiscal year, Contractor/Grantee received:
80% or more of its annual gross revenues from Federal procurement contracts and subcontracts
and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and
Supplemental Provisions for Federal Awards
Page 6 of 11 Revised December 2021
4.1.2.1. $30,000,000 or more in annual gross revenues from Federal procurement contracts and
subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency
Act if the source of funding is a Grant or otherwise $25,000,000 or more in annual gross revenues
from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards
or Subawards subject to the Transparency Act if the source of funding is not a Grant; and
4.1.2.2. The public does not have access to information about the compensation of such Executives through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986.
5. REPORTING.
5.1. If Contractor/Grantee is a Subrecipient of the Award pursuant to the Transparency Act, Grantee shall report
data elements to SAM and to the Prime Recipient as required in this Exhibit. No direct payment shall be made
to Grantee for providing any reports required under these Federal Provisions and the cost of producing such
reports shall be included in the Contract/Grant price. The reporting requirements in this Exhibit are based on
guidance from the US Office of Management and Budget (OMB), and as such are subject to change at any time
by OMB. Any such changes shall be automatically incorporated into this Contract/Grant and shall become part
of Contractor's/Grantee's obligations under this Contract/Grant.
6. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING.
6.1. If the source of funding is a Grant, Reporting requirements in §8 below apply to new Awards as of October 1,
2010, if the initial award is $30,000 or more. If the initial Award is below $30,000 but subsequent Award
modifications result in a total Award of $30,000 or more, the Award is subject to the reporting requirements as
of the date the Award exceeds $30,000. If the initial Award is $30,000 or more, but funding is subsequently
de -obligated such that the total award amount falls below $30,000, the Award shall continue to be subject to
the reporting requirements.
6.2. If the source of funding is not a Grant, Reporting requirements in §8 below apply to new Awards as of October
1, 2010, if the initial award is $25,000 or more. If the initial Award is below $25,000 but subsequent Award
modifications result in a total Award of $25,000 or more, the Award is subject to the reporting requirements as
of the date the Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently
de -obligated such that the total award amount falls below $25,000, the Award shall continue to be subject to
the reporting requirements.
6.3. The procurement standards in §8 below are applicable to new Awards made by Prime Recipient as of December
26, 2015. The standards set forth in §10 below are applicable to audits of fiscal years beginning on or after
December 26, 2014.
7. SUBRECIPIENT REPORTING REQUIREMENTS.
7.1. If Contractor/Grantee is a Subrecipient, Contractor/Grantee shall report as set forth below.
7.1.1. To SAM. A Subrecipient shall register in SAM and report the following data elements in SAM for each
Federal Award Identification Number (FAIN) assigned by a Federal agency to a Prime Recipient no later
than the end of the month following the month in which the Subaward was made:
7.1.1.1. Subrecipient DUNS Number;
7.1.1.2. Subrecipient DUNS Number if more than one electronic funds transfer (EFT) account;
7.1.1.3. Subrecipient parent's organization DUNS Number;
7.1.1.4. Subrecipient's address, including: Street Address, City, State, Country, Zip (+ 4 if source of
funding is a Grant or as otherwise directed per SAM directives for proper reporting), and
Congressional District;
7.1.1.5. Subrecipient's top 5 most highly compensated Executives if the criteria in §4 above are met;
and
Supplemental Provisions for Federal Awards
Page 7 of 11 Revised December 2021
7.1.1.1. Subrecipient's Total Compensation of top 5 most highly compensated Executives if the criteria
in §4 above met.
7.1.2. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the
Contract/Grant, the following data elements:
7.1.2.1. Subrecipient's DUNS Number as registered in SAM.
7.1.2.2. Primary Place of Performance Information, including: Street Address, City, State, Country, Zip
code + 4, and Congressional District.
8. PROCUREMENT STANDARDS.
8.1. Procurement Procedures. A Subrecipient shall use its own documented procurement procedures which reflect
applicable State, local, and Tribal laws and applicable regulations, provided that the procurements conform to
applicable Federal law and the standards identified in the Uniform Guidance, including without limitation, 2
CFR 200.318 through 200.327 thereof.
8.2. If the source of funding is a Grant: Domestic preference for procurements (2 CFR 200.322). As appropriate
and to the extent consistent with law, the non -Federal entity should, to the greatest extent practicable under a
Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials
produced in the United States (including but not limited to iron, aluminum, steel, cement, and other
manufactured products). The requirements of this section must be included in all subawards including all
contracts and purchase orders for work or products under this award.
8.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of a political subdivision
of the State, its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the
highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during
the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement
of recovered materials identified in the EPA guidelines.
9. ACCESS TO RECORDS.
9.1. A Subrecipient shall permit Recipient/Prime Recipient and its auditors to have access to Subrecipient's records
and financial statements as necessary for Recipient to meet the requirements of 2 CFR 200.311-200.332
(Requirements for pass -through entities), 2 CFR 200.300 (Statutory and national policy requirements) through
2 CFR 200.309 (Period of performance), and Subpart F -Audit Requirements of the Uniform Guidance.
10. SINGLE AUDIT REQUIREMENTS.
10.1. If a Subrecipient expends $750,000 or more in Federal Awards during the Subrecipient's fiscal year, the
Subrecipient shall procure or arrange for a single or program -specific audit conducted for that year in
accordance with the provisions of Subpart F -Audit Requirements of the Uniform Guidance, issued pursuant to
the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR 200.501.
10.2. 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.
Supplemental Provisions for Federal Awards
Page 8 of 11 Revised December 2021
10.2.1. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during its fiscal year, the
Subrecipient shall be exempt from Federal audit requirements for that year, except as noted in 2 CFR
200.503 (Relation to other audit requirements), but records shall be available for review or audit by
appropriate officials of the Federal agency, the State, and the Government Accountability Office.
10.2.2. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise arrange for the audit
required by Subpart F of the Uniform Guidance and ensure it is properly performed and submitted when
due in accordance with the Uniform Guidance. Subrecipient shall prepare appropriate financial statements,
including the schedule of expenditures of Federal awards in accordance with 2 CFR 200.510 (Financial
statements) and provide the auditor with access to personnel, accounts, books, records, supporting
documentation, and other information as needed for the auditor to perform the audit required by Uniform
Guidance Subpart F -Audit Requirements.
11. CONTRACT/GRANT PROVISIONS FOR SUBRECEPIENT CONTRACTS.
11.1. In addition to other provisions required by the Federal Awarding Agency or the Prime Recipient,
Contractors/Grantees that are Subrecipients shall comply with the following provisions. Subrecipients shall
include all of the following applicable provisions in all subcontracts entered into by it pursuant to this
Contract/Grant.
11.1.1. [Applicable to federally assisted construction contracts.] Equal Employment Opportunity. Except as
otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted
construction contract" in 41 CFR Part 60-1.3 shall include the equal opportunity clause provided under 41
CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR
12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41
CFR part 60, Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor.
11.1.2. [Applicable to on -site employees working on government -funded construction, alteration and repair
projects.] Davis -Bacon Act. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148).
11.1.3. Rights to Inventions Made Under a contract/grant or agreement. If the Federal Award meets the definition
of "funding agreement"! "funding Contract" under 37 CFR 401.2 (a) and the Prime Recipient or
Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, or research work
under that "funding agreement,"/"funding Contract", the Prime Recipient or Subrecipient must comply with
the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the Federal Awarding Agency.
11.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-
1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision
that requires the non -Federal awardee(s) to agree to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding
Agency and the Regional Office of the Environmental Protection Agency (EPA).
11.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must
not be made to parties listed on the government wide exclusions in the System for Award Management (SAM),
in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986
Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions
contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
Supplemental Provisions for Federal Awards
Page 9 of 11 Revised December 2021
11.1.1. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding
$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not
used Federal appropriated funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that
takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to
tier up to the non -Federal award.
11.1.2. Never contract with the enemy (2 CFR 200.215). Federal awarding agencies and recipients are subject to
the regulations implementing "Never contract with the enemy" in 2 CFR part 183. The regulations in 2
CFR part 183 affect covered contracts, grants and cooperative agreements that are expected to exceed
$50,000 within the period of performance, are performed outside the United States and its territories, and
are in support of a contingency operation in which members of the Armed Forces are actively engaged in
hostilities.
11.1.3. Prohibition on certain telecommunications and video surveillance services or equipment (2 CFR 200.216).
Grantee is prohibited from obligating or expending loan or grant funds on certain telecommunications and
video surveillance services or equipment pursuant to 2 CFR 200.216.
12. CERTIFICATIONS.
12.1. Unless prohibited by Federal statutes or regulations, Recipient/Prime Recipient may require Subrecipient to
submit certifications and representations required by Federal statutes or regulations on an annual basis. 2 CFR
200.208. Submission may be required more frequently if Subrecipient fails to meet a requirement of the Federal
award. Subrecipient shall certify in writing to the State at the end of the Award that the project or activity was
completed or the level of effort was expended. 2 CFR 200.201(3). If the required level of activity or effort was
not carried out, the amount of the Award must be adjusted.
13. EXEMPTIONS.
13.1. These Federal Provisions do not apply to an individual who receives an Award as a natural person, unrelated to
any business or non-profit organization he or she may own or operate in his or her name.
13.2. A Contractor/Grantee with gross income from all sources of less than $300,000 in the previous tax year is
exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated
Executives.
14. EVENT OF DEFAULT AND TERMINATION.
14.1. Failure to comply with these Federal Provisions shall constitute an event of default under the Contract/Grant
and the State of Colorado may terminate the Contract/Grant upon 30 days prior written notice if the default
remains uncured five calendar days following the termination of the 30 -day notice period. This remedy will be
in addition to any other remedy available to the State of Colorado under the Contract/Grant, at law or in equity.
14.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part as follows:
14.2.1. By the Federal Awarding Agency or Pass -through Entity, if a Non -Federal Entity fails to comply with the
terms and conditions of a Federal Award;
14.2.2. By the Federal awarding agency or Pass -through Entity, to the greatest extent authorized by law, if an award
no longer effectuates the program goals or agency priorities;
14.2.3. By the Federal awarding agency or Pass -through Entity with the consent of the Non -Federal Entity, in
which case the two parties must agree upon the termination conditions, including the effective date and, in
the case of partial termination, the portion to be terminated;
Supplemental Provisions for Federal Awards
Page 10 of 11 Revised December 2021
14.2.1. By the Non -Federal Entity upon sending to the Federal Awarding Agency or Pass -through Entity written
notification setting forth the reasons for such termination, the effective date, and, in the case of partial
termination, the portion to be terminated. However, if the Federal Awarding Agency or Pass -through Entity
determines in the case of partial termination that the reduced or modified portion of the Federal Award or
Subaward will not accomplish the purposes for which the Federal Award was made, the Federal Awarding
Agency or Pass -through Entity may terminate the Federal Award in its entirety; or
14.2.2. By the Federal Awarding Agency or Pass -through Entity pursuant to termination provisions included in the
Federal Award.
EXHIBIT END
Supplemental Provisions for Federal Awards
Page 11 ofll Revised December 2021
Contract Form
New Contract Request
Entity Information
Entity Name* Entity ID's
COLORADO DEPARTMENT OF HUMAN 700003650
SERVICES
Contract Name * Contract ID
COLORADO DEPARTMENT OF HUMAN SERVICES (CAA SFSS 6082
CONTRACT AMENDMENT #2)
Contract Status
CTE REVIEW
Contract Lead*
COBE:\XLK
❑ New Entity?
Parent Contract ID
20202588
Requires Board Approval
YES
Contract Lead Email Department Project #
cobbxxlk`''co.weld.co.us
Contract Description *
AMENDMENT #2 (23 IHEA 1 745 3 3) OF CDHS AGREMEENT 21 IHEA 1 601 80, APPROVED ON AUGUST 27, 2020. ADDING
ADDITIONAL 52.548.867.00, CLARIFYING LEGAL SERVICES PAID THROUGH CONTRACT ON STATEMENT OF WORK AND
RENEWING TERM UNTIL 6;- 30 23.
Contract Description 2
PA ROUTING THROUGH NORMAL APPROVAL PROCESS. ETA TO CTB 6 30'22,
Contract Type*
AMENDMENT
Amount *
$2,548,867.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
HUMAN SERVICES
Department Email
CM-
HurnanSeniices,:1v e$dgov.co
m
Department Head Email
CM-HumanSeriices-
DeptHead 15V.,elclgov.:.r_or
County Attorney
GENERAL COUNTY
AI I ORNEY EMAIL
County Attorney Email
CM-
COUNTYAI (ORNEY.T WELDG
OV.COM
Requested BOCC Agenda
Date*
07 06 2022
Due Date
07 07. '
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Contract Dates
Effective Date
Review Date's
04 28 r 2023
Renewal Date
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing
Approval Process
Department Head
JAMIE ULRICH
DH Approved Date
06 28 2022
final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
07 06:2022
Originator
COBBXXLK
Committed Delivery Date
Expiration Date"
06 30 2023
Contact Type Contact Email Contact Phone l Contact Phone 2
Finance Approver
CHERYL P.ATTELLI
Purchasing Approved Date
Legal Counsel
CAITLIN PERRY
Finance Approved Date Legal Counsel Approved Date
06 28;2022 06 28 2022
Tyler Ref #
AC 070622
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