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Home My WebLink About20210931.tiffRESOLUTION RE: APPROVE CONTRACT AMENDMENT #1 FOR AREA AGENCY ON AGING (AAA) SERVICES 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 #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, Area Agency on Aging, 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, 2021, 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 #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, Area Agency on Aging, 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 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 31st day of March, A.D., 2021, nunc pro tunc September 1, 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: v�� G Jelto•ok, Weld County Clerk to the Board BY: Steve M;'eno, Chair mes, P Deputy Clerk to the Board _�_ S p/1U1� APPR,.ED A m y•'"orney Date of signature: O erry L. ike Freeman Lori Sa. Cc: HS 04/o7 al 2021-0931 HR0093 (JOntroct -1O 1=P `'151 G7 PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: March 23, 2021 TO: Board of County Commissioners — Pass -Around FR: Jamie Ulrich, Director, Human Services RE: Colorado Department of Human Services, Office of Adult, Aging and Disability Resources, Division of Aging and Adult Services -- Contract Amendment #1 (21 IHEA 164655) Please review and indicate if you would like a work session prior to placing this item on the Board's agenda. Request Board Approval of the Department's Colorado Department of Human Services, Office of Adult, Aging and Disability Resources, Division of Aging and Adult Services Contract Amendment #1 (21 IHEA 164655). 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 2020-2588, was entered into on August 27, 2020. That contract is now being amended to add additional federal funds in the amount of $351,939.90 for a new total of $2,797,591.80, to continue to provide services. The Amendment also adds language to allow for the use of future Option Letters when increasing or decreasing funds and services. This amendment was reviewed and approved by Legal (G. Kalousek). I do not recommend a Work Session. I recommend approval of this Amendment and authorize the Chair to sign via DocuSign. Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Saine Approve Schedule Recommendation Work Session Other/Comments: Vial 4ni tti Pass -Around Memorandum; March 23, 2021 —CMS 4586 2021-0931 1-I ROO9 3 Karla Ford From: Sent: To: Cc: Subject: Steve Moreno Wednesday, March 24, 2021 2:10 PM Karla Ford Mike Freeman; Lori Saine Re: Please Reply - PA FOR ROUTING: AAA OAA Contract Amendment #1 (CMS 4586) Approve Sent from my iPhone On Mar 24, 2021, at 2:08 PM, Karla Ford <kford@weldRov.com> wrote: This one got missed, so please advise if you approve recommendation. Thank you. Karla Ford Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 .: 970.336-7204 :: kford r@.weldgov,com :: www.weldoov.com :. **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** <image002.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you hove received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Tobi Cullins <cullinta@weldgov.com> Sent: Tuesday, March 23, 2021 12:02 PM To: Karla Ford <kford@weldRov.com> Cc: Barb Connolly <bconnolly@weidgov.com>; Bruce Barker <bharker@weidgov.com>; Chris D'Ovidio <cdovidioPweldR,ov.com>; Esther Gesick <egesickPweldgov.com>; HS -Contract Management <HS- ContractManaRement@co.weld.co.us>; Lennie Bottorff <bottorli@weldeov.com> Subject: PA FOR ROUTING: AAA OAA Contract Amendment #1 (CMS 4586) Please see attached PA for routing related to an State contract amendment. Commissioner Buck has initialed off. This item is in CMS (ID 4586). Thank you. Regards, Tobi A. Cullins Contract Management and Compliance Coordinator Administration Support Unit (ASU) Contract Management Team: 970-400-6556 Direct: 970-400-6392 1 Karla Ford From: Sent: To: Subject: Yes, approve Lori Saine Weld County Commissioner, District 3 1150 0 Street PO Box 758 Greeley CO 80632 Phone: 970-400-4206 Fax: 970-336-7233 Email: IsainePweldeov.com Website: www,co.weld.co.us In God We Trust Lori Saine Wednesday, March 24, 2021 2:36 PM Karla Ford RE: Please Reply - PA FOR ROUTING: AAA OAA Contract Amendment #1 (CMS 4586) Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Karla Ford <kford@weldgov.com> Sent: Wednesday, March 24, 2021 2:09 PM To: Mike Freeman <mfreeman@weldgov.com>; Steve Moreno <smoreno@weldgov.com>; Lori Saine <Isaine@weldgov.com> Subject: Please Reply - PA FOR ROUTING: AAA OAA Contract Amendment #1 (CMS 4586) Importance: High This one got missed, so please advise if you approve recommendation. Thank you. Karla Ford R Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 .: 970.336-7204 :: kford4weldgov,com :: www.weldoov.com :. "*Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m." 1 DocuSign Envelope ID: FD5891E2-BAC5-4179-A8A0-89E7DC108E95 COLORADO Financial Services I Ni.rtntent c# tltort sn Servers CONTRACT AMENDMENT #1 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 Weld County, Colorado Weld County Department of Human Services Weld County Area Agency on Aging Amendment Contract Number 21 IHEA 164655 Current Contract Maximum Amount Initial Term State Fiscal Year 2021 $2,797,591.80 Extension Terms State Fiscal Year 2022 $0.00 State Fiscal Year 2023 $0.00 Total for All State Fiscal Years $2,797,591.80 Contract Performance Beginning Date September 1, 2020 Current Contract Expiration Date June 30, 2021 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 Coun Date: APasAreliky on Aging SfAA-t- M elletAA.6 F74R8DR083n44A1 By: Steve Moreno, Chair 4/1/2021 STATE OF COLORADO Jared Polis, Governor Colorado Department of Human Services Michelle Barnes, Executive Director E—DocuSigned by: `—BO2B5F7541534AD... By: Yolanda Webb, Office Director Office of Adult, Aging and Disability Services 4/1/2021 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. By: STATE CONTROLLER Robert Jaros, CPA, MBA, JD , —DocuSigned by: T.ir. 14lti/ot", Andrea Eurich/JaneNtlis7toni Williamson Colorado Department of Human Services 4/1/2021 Amendment Effective Date: Amendment Contract Number: Page 1 of 3 Rev. 1/14/19 a-4/.- 0 93� DocuSign Envelope ID: FD5891E2-BAC5-4179-A8A0-89E7DC108E95 1. PARTIES This Amendment (the "Amendment") to the Original Contract shown on the Signature and Cover Page for this Amendment (the "Contract") is entered into by and between the Contractor, and the State. 2. TERMINOLOGY Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the Contract shall be construed and interpreted in accordance with the Contract. 3. AMENDMENT EFFECTIVE DATE AND TERM A. Amendment Effective Date This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before that Amendment Effective Date, and shall have no obligation to pay Contractor for any Work performed or expense incurred under this Amendment either before or after of the Amendment term shown in §3.B of this Amendment. B. Amendment Term The Parties' respective performances under this Amendment and the changes to the Contract contained herein shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment and shall terminate on the termination of the Contract. 4. PURPOSE The purpose of this contract is to provide services for older adults within each designated planning and services area which includes Weld County. Services include: cngregate meals and home delivered meals; transportation; in -home services; caregiver services; ombudsman services; legal assistance; material aid; and health promotion through evidence -based programs. It is the intent of the parties to fulfill the mandates of the Older Americans Act and State Funding for Senior Services (OAA/SFSS) to develop greater capacity and foster the development and implementation of comprehensive and coordinated systems to secure and maintain maximum independence and dignity for older adults. The distribution of funds is monitored and approved by the State Unit on Aging (SUA). The Amendment's purpose is to add additional federal funds to SFY 2021 to continue to provide services. The Amendment also adds language to allow for the use of future Option Letters when increasing or decreasing funds and services. 5. MODIFICATIONS The Contract and all prior amendments thereto, if any, are modified as follows: A. The Contract State Fiscal Year (SFY) 2021 Federal funds are increased by the amount of $351,939.80 for a total of $2,797,591.80 for SFY 2021. Amendment Contract Number: Page 2 of 3 Rev. 1/14/19 DocuSign Envelope ID: FD5891E2-BAC5-4179-A8A0-89E7DC108E95 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 attached Revised Exhibit D Number 1, "Budget Funding" replaces previous Exhibit D, "Budget Funding", which is attached and incorporated by reference, explains the changes made by the additional funding added to this contract period. D. The attached Revised Exhibit E Number 1, "Supplemental Provisions for Federal Awards" replaces previous Exhibit E, "Supplemental Provisions for Federal Awards", which is attached and incorporated by reference, explains the changes made by the additional funding added to this contract period. E. The following is hereby added to the Contract. The rates shown in Exhibit D Number 1 are determined by the funding process and structure established in the Older American Act. The State, at its discretion, shall have the option to increase or decrease the rates shown in Exhibt D Number 1 as the State determines is necessary to account for additional Older American Act Funds or State Funding for Senior Services for rates to be determined on an ongoing evolving basis by the funding process and structure established in the Older American Act. In order to exercise this option, the State shall provide written notice to Contractor in a form substantially equivalent to Paragraph #23 SAMPLE OPTION LETTER, Page 28 of 28, of the Original Contract and any new rates table or exhibit shall be effective as of the effective date of that notice unless the notice provides for a different date. 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: Page 3 of 3 Rev. 1/14/19 DocuSign Envelope ID : FD5891 E2-BAC5-4179-A8A0-89E7DC108E95 EXHIBIT BUDGET FUNDING REQUEST CONTRACT SFY 2021 FUNDING REQUEST TITLE III & TITLE VII & STATE FUNDING FOR SENIOR SERVICES WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF HUMAN SERVICES WELD C U'; .QTY AREA AGENCY ON AGING REGION 2B JULY 1 , 2021 TO JUNE 30, 2022 .... r,. ....., _..Y �. BUDGET FUNDING SFY 21 7------T' CONTRACT I SFY 2021 FEDERAL AMENDMENT #1 SFY 2021 FUNDING PART AND STATE FUNDS ADDITIONAL GRAND TOTAL TOTAL CONTRACT FEDERAL FUNDS FOR SFY 2021 5 TITLE III - PART B $259, 998 . 00 $26, 513.27 $286 , 511 .27 TITLE III - PART C1 $345 ,798 . 00 $ 128 , 004 . 85 $473, 802 . 85, TITLE III - PART C2 $ 180,597. 00 ($20, 000. 00) $ 160 , 597 . 00 TITLE III - PART D $ 18, 386. 00 $4 , 844.70 $23,230. 70 TITLE III - PART E $ 109,874. 00 $53, 156. 52 $ 163 , 030.52 STATE E MATCH $7, 333. 00 $0. 00 $7, 333. 00 FEDERAL ADMINISTRATION $95,231 . 00 $ 153 , 135 . 84 $248 , 366 . 84 TITLE VII - EA $2 , 174. 00 $2, 139.00 $4, 313. 00 TITLE VII - OMB $8 , 548.00 $4, 145.62 $ 12, 693.62 STATE SERVICES J $ 1 , 136, 553. 00 $0. 00 $ 1 , 136, 553. 00 STATE ADMINISTRATION $ 126,284.00 $0 . 00 $ 126,284. 00 HOMESTEAD ACT STATE SERVICES $ 139 , 388.00 $0. 00 $ 139 , 388 . 001 HOMESTEAD ACT ADMIN $ 15,488. 00 $0. 00 $ 15 ,488. 00 GRAND TOTAL $2,445,652.00 $351 ,939.8O $2,797,59t80 PAGE 1OF1 DocuSign Envelope ID : FD5891 E2-BAC5-4179-A8A0-89E7DC108E95 Ex.t-IIBIT E ® 1 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) , the FFATA Supplemental Provisions shall control . 1 ) Federal Award Identification i . Subrecipient : Region 2-B , Weld County, Colorado, Weld County Department of Human Services , Weld County Area Agency on Aging ; ii . Subrecipient DUNS number: 075757355 ; iii . The Federal Award Identification Number ( FAIN ) is : Title III Part B — Supportive Services = 2001COOASS-03 ; Title III Part C1 — Congregate Meals = 2001COOACM-04 ; Title III Part C2 — Home Delivered Meals = 2001COOAHD- 04 ; Title III Part D — Preventative Health = 2001 COOAPH-03 ; TITLE III Part E - National Family Caregiver Support Program = 2001COOAFC-03 iv . The Federal award date is July 31 , 2020 (Transfers) and August 20 , 2020 ; v . The subaward period of performance start date is October 1 , 2019 and end date is September 30 , 2021 ; vi . Federal Funds available in SFY 2021 : SFY 2020-2021 FUNDING PART SFY 2020-2021 FEDERAL FUNDS AVAILABLE FEDERAL FUNDS AVAILABLE FFY 2019-2021 SFY 2021 FEDERAL ADMIN * $248,366.84' SFY 2021 FEDERAL PART B $286,511 .27 $6,655,748.00 SFY 2021 FEDERAL PART C-1 $473,802.85 $5,487,981 .00 SFY 2021 FEDERAL PART C-2 $160,597.00 $5, 154,433.00 SFY 2021 FEDERAL PART D $23,230.70 $374,573.00] SFY 2021 FEDERAL PART E $163,030.52 $2,592,460.00 SFY 2021 FED ELDER ABUSE PREY. $4,313.001 $59,453.00 SFY 2021 FEDERAL OMBUDSMAN $12,693.62 $270,951 .00 TOTAL $1,372,545.80 $20,595,599.00 *Is comprised of 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 6 Issued 3/ 16/2016 Revised 11/18/2016 DocuSign Envelope ID: FD5891 E2-BAC5-4179-A8A0-89E7DC108E95 vii . Federal award project description : Older Americans Act Title Ill — Grants for State and Community Programs on Aging and Older Americans Act Title VII — Allotments for Vulnerable Elder Rights Protection Activities ; viii . 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 Percy Devine 303 . 844 . 7815 and Robin Boldoe 303 . 844 . 7894 ; ix. The Catalog of Federal Domestic Assistance (CFDA) number is : • FFY 2019-2020 SFY 2021 PROGRAM TITLE GRANT # CFDA # FEDERAL GRANT AWARD SFY 2021 TITLE III B SUPPORTIVE SERVICES 2001COOASS-03 93.044 $6,655,748.00 SFY 2021 TITLE III Cl CONGREGATE MEALS 2001COOACM-04 93.045 $5,487,981 .00 SFY 2021 TITLE III C2 HOME-DELIVERED MEALS 2001COOAHD-04 93.045 $5,154,433.00 SFY 2021 TITLE III D PREVENTIVE HEALTH 2001COOAPH-03 93.043 $374,573.00 SFY 2021 TITLE III E NFCSP 2001COOAFC-03 93.052 $2,592,460.00 TOTAL TITLE III I $20,265,195.00 SFY 2021 TITLE VII ELDER ABUSE PREVENTION 2001 COOAEA-03 93.041 $59,453.00 SFY 2021 TITLE VII OMBUDSMAN 2001COOAOM-03 93.042 $270,951 .00 TOTAL TITLE VII $330,404.00 GRAND TOTAL TITLE III AND TITLE VII $20,595,599.00 x. This award is not for research & development; xi . The indirect cost rate for the Federal award (including if the de minimis rate is charged per 2 CFR §200 . 414 Indirect ( F&A) costs) is pre-determined based upon the State of Colorado and CDHS cost allocation plan . 1 ) 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. 2) 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. 3) Subrecipient' s approved indirect cost rate is the Federally Approved Cost Allocation Plan . . 4) 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. 5) The appropriate terms and conditions concerning closeout of the subaward are listed in Section 18 of this Exhibit and Exhibit A , Statement of Work . 6) 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 6 Issued 3/ 16/2016 Revised 11/18/2016 DocuSign Envelope ID: FD5891E2-BAC5-4179-A8A0-89E7DC108E95 1) Matching Funds If a box below is checked, the accompanying provision applies. i. ❑ Subrecipient is not required to provide matching funds. ii. Q 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. 2) 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. 3) 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. i. Election. Subrecipient shall have a single audit conducted in accordance with Uniform Guidance §200.514 (Scope of audit), except when it elects to have a program -specific audit conducted in accordance with §200.507 (Program -specific audits). 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 CDHS. A program - specific audit may not be elected for research and development unless all of the Federal Awards expended were received from CDHS and CDHS approves in advance a program -specific audit. ii. Exemption. If Subrecipient expends less than $750,000 in Federal Awards during its fiscal year, 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. Subrecipient Compliance Responsibility. Subrecipient shall procure or otherwise arrange for the audit required by Part 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 Uniform Guidance §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 2 CFR Part F -Audit Requirements Supplemental Provisions for Federal Awards Page 3 of 6 Issued 3/16/2016 Revised 11/18/2016 DocuSign Envelope ID: FD5891E2-BAC5-4179-A8A0-89E7DC108E95 1) 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: i. 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." "During the performance of this contract, the contractor agrees as follows: a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. f) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Supplemental Provisions for Federal Awards Page 4 of 6 Issued 3/16/2016 Revised 11/18/2016 DocuSign Envelope ID: FD5891E2-BAC5-4179-A8A0-89E7DC108E95 a) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States." ii. 4.2 Davis -Bacon Act. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non - Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. iii. Rights to Inventions Made Under a Contract or Agreement. If the Federal Award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and 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," Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. iv. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Supplemental Provisions for Federal Awards Page 5 of 6 Issued 3/16/2016 Revised 11/18/2016 DocuSign Envelope ID: FD5891E2-BAC5-4179-A8A0-89E7DC108E95 i. 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. ii. 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. 2) 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. CDHS may provide written notification to Subrecipient of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 3) 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. 4) Certifications. Unless prohibited by Federal statutes or regulations, CDHS 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 CDHS 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. 5) 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 CDHS may terminate the Contract in accordance with the termination provisions in the Contract. 6) Close Out. Subrecipient shall close out this Contract within 90 days after the End Date. Contract close out entails submission to CDHS by Subrecipient of all documentation defined as a deliverable in this Contract, and Subrecipient's final reimbursement request. CDHS shall withhold 5°/0 of the allowable costs until all final project documentation has been submitted and accepted by State as substantially complete. If the project has not been closed by the Federal awarding agency within 1 year and 90 days after the End Date due to Subrecipient's failure to submit required documentation that CDHS 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. 7) Erroneous Payments. The closeout of a Federal award does not affect the right of the Federal awarding agency or CDHS 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 Supplemental Provisions for Federal Awards Page 6 of 6 Issued 3/16/2016 Revised 11/18/2016 Contract Farm New Contract Request Entity Information Entity Name* Entity ID* COLORADO DEPARTMENT OF HUMAN gIUQU365U SERVICES Contract Name* ❑ New Entity? Contract ID Parent Contract ID COLORADO DEPARTMENT OF HUMAN SERVICES (CONTRACT 4586 20202588 AMENDMENT #1) Contract Status CTB REVIEW Contract Lead* CULLINTA Requires Board Approval YES Contract Lead Email Department Project # cul lintagco.weld.co. a s,cobb xxlkg'co.weld.co.us Contract Description* AMENDMENT #1 OF CDHS AGREMEENT 21 IHEA 160180, APPROVED ON AUGUST 27, 2020. Contract Description 2 PA ROUTING THROUGH NORMAL APPROVAL PROCESS. ETA TO CTB 03/25;`21. ITEM REQUIRES SIGNATURE VIA DOCUSIGN. STATE SENT DOCUSIGN REQUEST TO BOCC CONTRACTS ON 03,22 21. Contract Type* CONTRACT Amount* $2,797,591.8© Renewable* NO Automatic Renewal ICA Department HUMAN SERVICES Department Email CM - H u manService s,Areldgov. co rn Department Head Email CM-HumanServices- DeptHead eweldgov.com County Attorney GENERAL COUNTY AI I ORNEY EMAIL County Attorney Email CM- COUNTYA I I ORNEYc?WELDG OV.COM Requested BOCC Agenda Date* 03 3112021 Due Date 03127;:2021 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 ective Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head JAMIE ULRICH DH Approved Date 03„25/2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 03'31,x2021 Originator CU LLI NTA Review Date's 04 30;2021 Committed Delivery Date Contact Type Finance Approver CHRIS a'OVID1O Renewal Date Expiration Date° 061`30;`2021 Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 03,x25'2021 Tyler Ref AG 033121 Legal Counsel GABE KALCUSEK Legal Counsel Approved Date 03;'`26!2021 Hello