HomeMy WebLinkAbout20183239.tiffOPTION LETTER
State Agency
Colorado Department of Human Services
Office of Early Childhood
1575 Sherman Street, 1st Floor
Denver, CO 80203
Option Letter Number
1
Contractor
Weld County Department of Human Services
PO Box A
Greeley, CO 80632
Original Contract Number
17 IHIA 98658
Current Contract Maximum Amount
Initial Term
Federal Fiscal Year 2017 $60,000
Extension Terms
Federal Fiscal Year 2018 $120,000
Federal Fiscal Year 2019 $120,000
Total for All Federal Fiscal Years $300,000
Option Contract Number
19 IHIA 113057
Contract Performance Beginning Date
July 19, 2017
Current Contract Expiration Date
September 30, 2019
1. OPTIONS:
A. Option to extend for an Extension Term
B. Option to change the quantity of Services under the Contract
2. REQUIRED PROVISIONS:
A. In accordance with Section 2.C of the Original Contract referenced above, the State hereby exercises its
option for an additional term, beginning October 1, 2018 and ending on the current contract expiration date
shown above, at the rates stated in the Original Contract, as amended.
B. In accordance with Section 7.B vi. of the Original Contract referenced above, the State hereby exercises its
option to Increase the quantity of the Services at the rates stated in the Original Contract, as amended.
C. 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 above.
D. Exhibit D Option Letter #1 -- Supplemental Provisions for Federal Awards, which is attached and
incorporated through this Option Letter, is hereby added to Exhibit D of the Original Contract.
3. OPTION EFFECTIVE DATE:
A. The effective date of this Option Letter is upon approval of the State Controller or October 1. 201S, whichever
is later.
STATE OF COLORADO
John W. Hickenlooper, Governor
Reggie Bicha
Executive Director
By: Mar Ache Snyder, Director. Office of Early Childhood
Date: _ 1
In accordance with §24-30-202 C.R.S., this Option is not valid
until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
Clint Woodruff Tr is Yoder Andrea Eurich
Option Effective Date: "i.t C" 1S'
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EXHIBIT D - Option Letter #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: Weld County Department of Human Services;
ii. Subrecipient DUNS number: 075757955;
iii. The Federal Award Identification Number (FAIN) is G-1801COFPSS;
iv. The Federal award date is 04/11/2018;
v. The subaward period of performance start date is 10/01/2017 and end date is 09/30/2019;
vi. Federal Funds:
Contract or
Fiscal Year
Amount of Federal funds
obligated by this Contract
Total amount of Federal
funds obligated to the
Subrecipient
Total amount of the
Federal Award committed
to Subrecipient by CDHS
FFY19
$120,000
$120,000
$120,000
vii. Federal award project description: Promoting Safe and Stable Families Program;
viii. The name of the Federal awarding agency is US Department of Health and Human Services; 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 Mary Martin, Director, Division for Community and Family
Support, 1575 Sherman Street, 1" Floor, Denver, CO 80203; maryw.martin@state.co.us; 303-866-5023;
ix. The Catalog of Federal Domestic Assistance (CFDA) number is 93.556, name is Promoting Safe and Stable
x. Families, and dollar amount is $3,482,791;
xi. This award is not for research & development;
xii. 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 the General Provisions, Exhibit
A - Statement of Work, and Exhibit E - Additional Provisions.
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
the General Provisions, Exhibit A Statement of Work, and Exhibit E - Additional Provisions.
4) Subrecipient's approved indirect cost rate is a CDHS negotiated rate of 0 %.
5) Subrecipient must permit CDHS and auditors to have access to Subrecipient's records and financial statements as
necessary for CDHS to meet the requirements of 2 CFR §200.331 Requirements for pass -through entities, §§ 200.300
Statutory and National Policy Requirements through §200.309 Period of performance, and Subpart F ---Audit
Requirements of this Part.
6) The appropriate terms and conditions concerning closeout of the subaward are listed in Section 16 of this Exhibit and
the General Provisions, Exhibit A - Statement of Work, and Exhibit E - Additional Provisions.
7) Performance and Final Status. Subrecipient shall submit all financial, performance, and other reports to CDHS no
later than 30 calendar days after the period of performance end date or sooner termination of this Contract containing
an evaluation and review of Subrecipient's performance and the final status of Subrecipient's obligations hereunder.
8) Matching Funds
If a box below is checked, the accompanying provision applies.
Supplemental Provisions for Federal Awards Page 1 of 5
Issued 3/16/2016
Revised 11/18/2016
❑ Subrecipient is not required to provide matching funds.
Subrecipient shall provide matching funds as stated in Exhibit B - Budget. 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.
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.
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.
iii. 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.
1 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."
Supplemental Provisions for Federal Awards
Page 2 of S Issued 3/16/2016
Revised 11/18/2016
"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.
g) "I he contractor will include the provisions of paragraphs (l) 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,
Supplemental Provisions for Federal Awards
Page 3 of 5 Issued 3/16/2016
Revised 11/18/2016
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).
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.
vi. 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.
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. CDHS may provide written notification to Subrecipient of such revisions, hut such
notice shall not be a condition precedent to the effectiveness of such revisions.
Supplemental Provisions for Federal Awards
Page 4 of 5 Issued 3/16/2016
Revised 11/18/2016
•
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, 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.
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 CDHS may terminate
the Contract in accordance with the termination provisions in the Contract.
16) 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% 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 I 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.
17) Erroneous Payments. The closeout of a Federal award does not affect the right of the Federal awarding agency or
CURS 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.
EXIIIBIT END
Supplemental Provisions for Federal Awards
Page 5 of 5 Issued 3/16/2016
Revised 11/18/2016
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