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Home My WebLink About20161630.tiff RESOLUTION RE: APPROVE CONTRACT AMENDMENT#1 TO ANNUAL BUDGET FOR AREA AGENCY ON AGING PROGRAMS AND AUTHORIZE CHAIR TO SIGN 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 to the Annual Budget for Area Agency on Aging Programs 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, commencing July 1, 2016, and ending June 30, 2017, with further terms and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems it advisable to approve said contract 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 to the Annual Budget for Area Agency on Aging Programs 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, be and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of May, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: arr< ; t A-k- n ey Mike Freeman, Chair Weld County Clerk to the Board C- Sean P. Conway, Pro TT�ee BY: D uty Clerk to the Board LLf Julie Cozad APPRO \ ��-./2 �/ ,Barbara Kirkmeyer 722 �� ♦ _ � County Attorney , \1 4.• `.teve Moreno its. ' Date of signature:{W Y/ .!Iasi :+©� � , • 14'��1 —7 /g t I Co 2016-1630 HR0087 MEMORANDUM DATE: April 29, 2016 1861 y TO: Board of County Commissioners—Pass-Around FR: Judy A. Griego, Director, Human Services 02— G O U N-T Y _ RE: Weld County Department of Human Services' Area Agency on Aging(AAA) FY17 Federal and State Annual Budget 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 Departments' Area Agency on Aging(AAA) FY17 Federal and State Annual Budget.The contract period is from July 1,2016 through June 30,2017 and the contract amount for FYI 7 will he $1,981,010.00. These funds will allow us to continue to provide a variety of services such as information and assistance,the ombudsman program, caregiver services, dental, vision and hearing, in-home services, Senior Nutrition,wellness programs,administrative services, transportation, legal services, peer counseling, outreach, case management, ADRC services, etc. The budget amount is itemized as follows: FUNDING PART TOTAL SFY 2017 FEDERAL ADMINISTRATION $76,156.00 FEDERAL ELDER ABUSE PREY. $2,266.00 FEDERAL OMBUDSMAN $7,362.00 FEDERAL PART B $184,293.00 FEDERAL PART C-1 $294,318.00 FEDERAL PART C-2 $152,188.00 FEERAL PART 1) $12,081.00 FEDERAL PART E $86,246.00 STATE ADMINISTRATION $105,638.00 STATE GENERAL FUND $950,744.00 STATE PART E MATCH $7,210.00 STATE VISUALLY IMPAIRED $25,380.00 STATE HOMESTEAD ACT $77,128.00 GRAND TOTAL $1,981,010.00 I do not recommend a Work Session. I recommend approval of this Budget. Approve Request 13OCC Agenda Work Session Sean Conway _____ Steve Moreno Barbara Kirkmeyer t Mike Freeman M Julie Cozad e 2016-1630 Pass-Around Memorandum; April 29, 2016 - Contract ID#441 Page 1 I Office of CommCounity •M • Access & Independence } Division of Aging & Adult Services a July 6 , 2016 Judy A. Griego , Director Weld County Department of Human Services Weld County Area Agency on Aging 315 C. N . 11th Ave . , P . O . Box 1805 Greeley, CO 80631 Dear Ms . Griego: Enclosed is your copy of the executed contract amendment between Colorado Department of Human Services ( CDHS ) and the Weld County Department of Human Services , Weld County Area Agency on Aging . This contract amendment is effective July 1 , 2016 . If you have any questions , please contact the Contract Program Specialist, Peggy Spaulding , at 303.866 .2867 or email peggv. spaulding@state .co. us or me at 303 . 866.2750 or email todd . coffeystate. co . us. Sincerely, ("<s----,2-•• Todd Coffey, Manager er State Unit on Aging Enclosure cc: Eva Jewell , AAA Director, Region 2-B Peggy Spaulding , Contract Specialist SUA Master File Asia„,,. 1575 Sherman Street Denver , CO 80203 P 303 . 866 . 5700 vi vvv . coIorado . goviCDHS a �'\', John W . Hickenlooper , Governor I Reggie 8icha , Executive Director * il r * • . 1876 4X RESOLUTION RE: ELECTION OF CHAIR OF THE BOARD FOR 2016 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, pursuant to Section 3-5(1) of the Weld County Home Rule Charter,the Board of County Commissioners shall elect, at its first meeting in January of each year, a Chair of the Board, and WHEREAS, on January 4, 2016, the Board held its annual organizational meeting, and WHEREAS, on motion duly made and seconded, Commissioner Mike Freeman was unanimously elected as Chair of the Board for the year 2016. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Commissioner Mike Freeman be, and hereby is, elected to serve as Chair of the Board of County Commissioners of Weld County, Colorado, for the year 2016. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized and directed to sign all legal documents on behalf of the Weld County Commissioners and for the County of Weld, also any document wherein the statutes require only the signature of the Chair of the Board, attested to by the Clerk to the Board. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of January, A.D., 2016, nunc pro tunc January 1, 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �: .. + • . Mike Freeman, Chair Weld County Clerk to the Board ` --�--" • �►"�!"•"''*.►1Sean P. Conway, Pro-Tern �.�� 1 l / Dep ty Clerk to the Board j ,.��'•'+_ u = A. Cozad APPROVb AS , RM: bara Kirkmeye Co y Attorney Steve Moreno Date of signature: t )21 ( 2016-0040 BC0049 (1 /2 /71-W CONTRACT AMENDMENT Amendment#1 Original Contract CMS# 16 IHEA AASC 77142 I Amendment CMS# 17 IHEA AASC 88254 1) PARTIES This Amendment to the above-referenced Original Contract(hereinafter called the Contract)is entered into by and between Weld County, Colorado, Weld County Department of Human Services, Weld County Area Agency on Aging, (hereinafter called "Contractor"), and the STATE OF COLORADO (hereinafter called the "State") acting by and through the Department of Human Services, Division of Aging and Adult Services(hereinafter called the"AAS"). 2) EFFECTIVE DATE AND ENFORCEABILITY This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the "Effective Date"). The State shall not be liable to pay or reimburse Contractor for any performance hereunder including,but not limited to,costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3) FACTUAL RECITALS The Parties entered into the Contract to perform the duties and responsibilities of an Area Agency on Aging for the prescribed planning and services area. It is the intention of the Parties with this amendment to extend the contract; increase the dollar amount for State Fiscal Year 2016-2017(SFY 2017);add Exhibits G and Exhibit H 4) CONSIDERATION-COLORADO SPECIAL PROVISIONS The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Amendment. The Parties agree to replacing the Colorado Special Provisions with the most recent version (if such have been updated since the Contract and any modification thereto were effective) as part consideration for this Amendment. If applicable, such Special Provisions are attached hereto and incorporated by reference herein. 5) LIMITS OF EFFECT This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments thereto, if any,remain in full force and effect except as specifically modified herein. 6) MODIFICATIONS. The Contract and all prior amendments thereto, if any,are modified as follows: a. Contract Page 1—Term: Change end date from 06/30/2016 to 06/30/2017, b. Contract Page 1- Contract Price Not to Exceed: The Total Not to Exceed Price is increased by $1,981,010.00 to a new Total of$3,942,791.00 representing an increase for SFY 2017 services; c. Contract Page 1-Maximum Amount Per Fiscal Year: Maximum amount available per fiscal year: SFY 2016: $1,961,781.00* SFY 2017: $1,981,010.00 * (Note: SFY 2016 Includes$109,426.00 in SFY 2015 carryover funds); d. Contract Exhibits Add Exhibit G-3 "Budget Funding Request Number 3 SFY 2017", which is attached and incorporated into this Amendment,is added to the Contract. Exhibit H, "Supplemental Provisions for Federal Awards", which is attached and incorporated into this Amendment,is added to the Contract. 7) START DATE This Amendment shall take effect on the later of its Effective Date or July I,2016. Page I of Page 2 8) ORDER OF PRECEDENCE Except for the Special Provisions, in the event of any conflict, inconsistency sariance or contradiction between :he pmvisions of this Amendment and any of the provisions of the Contract, the prevision_. of this Amendment shall in all respects supersede, govern, and control The most recent sersicn of the Special Provisions incorporated into the Contract or any amendment shall always control other pr vis ns in the Contract or any amendments 9) AVAILABLE FUNDS Financial obligations of the state payable after the current fiscal year are c rat neent upon funds for that purpose being appropaafed,budgeted,or otherwise made as ailable. THE PARTIES HERETO HAVE EXECITED THIS AMENDMENT • Persons signing for Contractor hereby snear and affirm that they are authorized to act on Contractor's behalf and acknowledge that the State is relying on their representations to that effect. CONTRACTOR STATE OF COLORADO John W. Ilickenlooper,Cosernor %N eld County,Colorado Colorado Department of Human Seri es Reggie Bicha, Ere wive Direct r %%eld Count-Department of human Seri,ices V'eld Count} Area Agency on.Aging Mike Freeman,Pro-Tem Board of Weld County Commissioners 'Siinanire V Julie Kross,Deputy Executive Director (/ Community Partnerships Da'e IAAY 2 3 20%3 Ja,e 6, ' 3 / , ALL CONTRACTS REOUIRE APPROVAL Bl THE STATE CONTROLLER CRS§24 30-202 requires the State Controller to approse all State con races. This Amendment is not valid until signed and dated below by the State Controller or delegate Contractor is not authorized to begin performance until such time.If Contractor begins performing prior thereto,the State of Colorado is nut obit ated to a Contractor for such -erformance or for any oods and/or services rosided hereunder. STATE CONTROLLER Robert Jaros,CPA.MBA,SD R fac2:44,'":1405;24., Clint Woodruff Vain Gimpie Date 006/4 Page 2 of Pace EXHIBIT G-3 BUDGET FUNDING REQUEST NUMBER 3 SFY 2017 SFY 2017 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, 2016 TO JUNE 30, 2017 FUNDING PART TOTAL SFY 2017 FEDERAL ADMINISTRATION $76,156.00 FEDERAL ELDER ABUSE PREY. $2,266.00 FEDERAL OMBUDSMAN $7,362.00 FEDERAL PART B $184,293.00 FEDERAL PART C-1 $294,318.00 FEDERAL PART C-2 $152,188.00 FEDERAL PART D $12,081.00 FEDERAL PART E $86,246.00 STATE ADMINISTRATION $105,638.00 STATE GENERAL FUND $950,744.00 STATE PART E MATCH $7,210.00 STATE VISUALLY IMPAIRED $25,380.00 STATE HOMESTEAD ACT $77,128.00 GRAND TOTAL $1,981,010.00 Page 1 of 1 EXHIBIT H - Supplemental Provisions for Federal Awards 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. I) Federal Award Identification i. Contractor: Weld County,Colorado,Weld County Department of Human Services, Weld County Area Agency on Aging Contractor name(must match registered name in the Data Universal Number System(DUNS)); ii. Contractor DUNS number: 075757955; iii. The Federal Award Identification Number (FAIN) is 16AACOT3SS; l6AACOT3CM; 16AACOT3HD; 16AACOT3PH; 16AACOT3FC; 16AACOT7EA; and 16AACOT7OM iv. The Federal award date is February 1,2016 v. The subaward period of performance start date is October 1,2015 and end date is September 30,2016; vi. Federal Funds: Amount of Federal funds Total amount of Federal Total amount of the FFY 16 FAIN NUMBER FUNDING PART obligated by this Contract funds obligated to the federal award Contractor FFY 16 • FEDERAL ADMst• $76,156.00 $76,156.00 • FFY 16 16AACOT3SS FEDERAL PART 8 $184,293O0 $184,293.00 $4,095,054.00 FFY 16 16AACOT3CM FEDERAL PART C•1 $294,318.00 $294,316.00 $6.334,621.0O FFY 16 16AACOT3HD FEDERAL PART C-2 5152 168.00 $152,188.00 53,284,398.00 FFY 16 16AACOT3PH FEDERAL PART D $12,081.00 512,081 00 $239,401.00 FFY 16 16AACOT3FC FEDERAL PART E $86.246.00 $86.246.00 $2,000.285.00 FFY 16 16AACOT7EA FED ELDER ABUSE PREV $2.266.00 $2,266.00 $56 082.00 FFY 16 16AACOT7OM FEDERAL OMBUDSMAN $7,362.00 $7,362.00 $23.504.00 TOTAL $814,910.00 $814,910.00 516,033,345.00 is comprised of 10%Federal Parts B,C-1,C-2,D,and E as authorized by the Older American's Act. vii, Federal award project description: Older Americans Act Title HI — Grants for State and Community Programs on Aging and Older Americans Act Title VU — 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; Subrecipient Notification Page 1 of 6 Issued 3/16/2016 ix. The Catalog of Federal Domestic Assistance(CFDA)number is CFDA PROGRAM TITLE GRANT NO. FFY 16 GRANT AWARD 93.044 TITLE III B SUPPORTIVE SERVICES 16AACOT3SS $4,095,054.00 93.045 TITLE IIIC1 CONGREGATE MEALS 16AACOT3CM $6,334,621.00 93.045 TITLE IIIC2 HOME-DELIVERED MEALS 16AACOT3HD $3,284,398.00 93.043 TITLE III PREVENTIVE HEALTH 16AACOT3PH $239,401.00 93.052 TITLE IIIE NFCSP 16AACOT3FC $2,000,285.00 TOTAL TITLE III $15,953,759... 93.041 TITLE VII ELDER ABUSE PREVENTION 16AACOT7EA $56,082.00 93.042 TITLE VII OMBUDSMAN 16AACOTOM $23,504.00 TOTAL TITLE VII $79,586.0• TITLE III AND TITLE NI GRAND TOTAL $16,033,345.0• 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 Contractor 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 Contractor 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) The approved federally recognized indirect cost rate negotiated between Contractor and the Federal government or, if no such rate exists, either a rate negotiated between CDHS and Contractor (in compliance with this Part), or a de minimis indirect cost rate as defined in 2 CFR §200.414 Indirect (F&A) costs, paragraph (b) of this Part, is CDHS negotiated indirect rate. 5) Contractor must permit CDHS and auditors to have access to Contractor'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 Exhibit A,Statement of Work. 7) Performance and Final Status. Contractor 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 Contractor's performance and the final status of Contractor's obligations hereunder. 8) Matching Funds If a box below is checked, the accompanying provision applies_ 1. ❑ Contractor is not required to provide matching funds. ii. RI Contractor shall provide matching funds as stated in Exhibit A, Statement of Work. Contractor 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. Contractor'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 Contractor and paid into the Contractor's treasury or bank account. Contractor 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. Contractor does not by this Contract irrevocably pledge present cash reserves for payments in Subrecipient Notification Page 2 of 6 Issued 3/16/2016 future fiscal years, and this Contract is not intended to create a multiple-fiscal year debt of the Contractor. Contractor shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Contractor'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 Contractor expends $750,000 or more in Federal Awards during Contractor's fiscal year, Contractor 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. Contractor 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). Contractor may elect to have a program-specific audit if Contractor 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 Contractor expends less than $750,000 in Federal Awards during its fiscal year, Contractor 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. Contractor Compliance Responsibility. Contractor 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. Contractor 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. 11) Contract Provisions. Contractor 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. Subrecipient Notification Page 3 of 6 Issued 3/16/2016 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)The contractor will include the provisions of paragraphs (I) 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 Subrecipient Notification Page 4 of 6 Issued 3/16/2016 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). v. 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. Contractor 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 Contractor of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 13) Procurement Procedures.Contractor 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 Contractor 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 Contractor fails to meet a requirement of the Federal award. Contractor 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. Subrecipient Notification Page 5 of 6 Issued 3/16/2016 16) Close Out. Contractor shall close out this Contract within 90 days after the End Date. Contract close out entails submission to CDHS by Contractor of all documentation defined as a deliverable in this Contract, and Contractor'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 1 year and 90 days after the End Date due to Contractor's failure to submit required documentation that CDHS has requested from Contractor, then Contractor 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 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 Subrecipient Notification Page 6 of 6 Issued 3/16/2016 Hello