HomeMy WebLinkAboutC14-271 Community Service Block Grant Amendment CSBG#15—Eagle County
GRANT AMENDMENT
Amendment#: 1 Encumbrance#: L12CSBG15
Original Contract CMS/CLIN#: 45160, 59179 Amendment CMS#: 66655
1) PARTIES
This Amendment to the above-referenced original grant agreement(hereinafter called the"Grant") is entered into by
and between EAGLE COUNTY(hereinafter called"Grantee"), and the STATE OF COLORADO (hereinafter called
the"State") acting by and through the Department of Local Affairs, (hereinafter called"DOLA").
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 Grantee 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 Grant to provide funding for services and/or assistance to low income families and
individuals. The Grant covers a three-year period: 03/01/12 through 09/30/15. This amendment modifies the
activities and eligible expenses for Grantee, and adds a subgrantee for Year 3. This amendment also provides an
allocation of Year 3 funding to Grantee. Finally, this amendment changes the Representative for the State and
provides Grantee with an updated Exhibit D—Supplemental Provisions for Federal Funding Accountability and
Transparency Act of 2006(FFATA).
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.
5) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Grant, and the Grant and all prior amendments thereto, if any,
remain in full force and effect except as specifically modified herein.
6) MODIFICATIONS
The Grant and all prior amendments thereto, if any, are modified as follows:
a. Grant, Cover Page
Award Amount is modified by deleting the current amount:
"Award Amount: $42,428.00"
and inserting the following in lieu thereof:
"Award Amount: $124,147.00"
b. Grant,Section 7. Payments to Grantee
7.A. Option Letter/Maximum Amount is modified by deleting the original table in its entirety:
"Program Years: Grant Funds* Option Letter Amounts**
Year 1 —3/1/12 through 9/30/13 $42,428.00
Option Years:
Year 0—3/1/11 through 9/30/12 $ ***
Year 2—3/1/13 through 9/30/14 $
Year 3—3/1/14 through 9/30/15 $ "
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and inserting the following table in lieu thereof:
"Program Years: Grant Funds* Option Letter Amounts**
Year 1 —3/1/12 through 9/30/13 $42,428.00
Option Years:
Year 0—3/1/11 through 9/30/12 $0 $ ***
Year 2—3/1/13 through 9/30/14 $39,807.00 $
Year 3—3/1/14 through 9/30/15 $41,912.00 $ "
c. Grant, 16. Notices and Representatives
A. State is modified by deleting the current Representative:
"Tony Hernandez
Division of Local Government
Colorado Department of Local Affairs
1313 Sherman Street,room 521
Denver,CO 80203
Email: tony.hernandez @state.co.us"
and inserting the following in lieu thereof:
"Chantal Unfug
Division of Local Government
Colorado Department of Local Affairs
1313 Sherman Street,room 521
Denver,CO 80203
Email: chantal.unfug @state.co.us"
d. Exhibit B, 1. Project Description is modified by deleting the first sentence:
"Grantee shall provide assistance or services from the list of Federal Objective(s)for the CSBG Program:
Linkages."
and inserting the following in lieu thereof:
"Assistance or services to be provided under this Grant shall meet the Emergency Services and Education
Federal Objectives. The assistance or services provided by Grantee or sub-grantees are detailed below:"
e. Exhibit B, 1. Project Description
1.1 Grantee is modified by deleting the Original contract language in its entirety:
"1.1 Grantee will provide information and referral to parents through the Bright Beginnings program and Early
Head Start program by conducting home visitation and parent groups to improve parenting and family functioning
that promotes school readiness skills. Eligible expenses are: a portion of salaries and benefits for the Home
Visitor, Supervisor and Program Evaluator and Home Visitor(tuition and training expenses,cell phone service
and client service mileage reimbursement)."
and inserting the following in lieu thereof:
"1.1 Grantee. Grantee shall provide services and activities that address the Federal Objectives of Employment
and Emergency Services by providing income eligible participants educational and leadership opportunities
through Colorado Mountain College courses and Family Leadership Institute,and will provide one-time
emergency assistance through sub-grantee Western Slope Catholic Charities.
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1.1.1 Eligible expenses for Education are: participant tuition,books including shipping or delivery
fees; child care for participants attending class,mileage reimbursement for participants, and
tuition and fees to participate in the Family Leadership Training Institute(FLTI)program
1.1.2 Grantee may seek reimbursement for: a portion of salaries and benefits for staff who
administer the CSBG program; conference and training registration fees for staff,subgrantees or
Tripartite Board members;travel expenses including mileage,meals and child care;consultant
fees to conduct community needs assessment; and direct operating costs.
1.2 Western Slope Catholic Charities. This subgrantee shall receive a subaward from Grantee to provide
services and activities that address the Emergency Services Federal Objective by providing income eligible
participants one-time emergency assistance to stabilize the household. Eligible expenses are: rent or
mortgage assistance,medical and dental,utility payments(water,sewer,trash,electricity,natural gas or
propane for heating source),and transportation(bus pass or gas voucher)."
f. Exhibit B, 1. Project Description
1.2 Service Area is modified by being renumbered as 1.3 Service Area
g. Exhibit B,6.Administrative Requirements
6.10 Reporting is modified by deleting the current reports table:
Report Period Report Type Due Date
March 1—May 31 Quarterly Financial&Progress June 30
June 1—August 31 Quarterly Financial&Progress September 30
September 1—November 30 Quarterly Financial&Progress December 31
December 1—February 28 Quarterly Financial&Progress March 31
March 1—February 28 Final(IS)Report,D,E,F,G and NPI's:2.3,3.1,3.2,4.1, March 31
5.1 and 6.3
and inserting the following in lieu thereof:
Report Period Report Type Due Date
March 1—May 31 Quarterly Financial&Progress June 30
June 1—August 31 Quarterly Financial&Progress September 30
September 1—November 30 Quarterly Financial&Progress December 31
December 1—February 28 Quarterly Financial&Progress March 31
March 1—February 28 Final(IS)Report,D,E,F,G and NPI's: 1.2,2.3,3.1,3.2, March 31
4.1,5.1,6.2 and 6.3
h. EXHIBIT D—SUPPLEMENTAL PROVISIONS FOR FEDERAL FUNDING ACCOUNTABILITY AND
TRANSPARENCY ACT OF 2006(FFATA)
The attachments to the Grant are modified by deleting Sections 1-9 of the current Exhibit D, and replacing them
with the following Sections 1-9 of Exhibit D—Supplemental Provisions for Federal Funding Accountability and
Transparency Act of 2006(FFATA):
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"EXHIBIT D— Supplemental Provisions for FFATA
State of Colorado
Supplemental Provisions for
Federally Funded Contracts, Grants, and Purchase Orders
Subject to
The Federal Funding Accountability and Transparency Act of 2006 (FFATA), As Amended
Revised as of 3-20-13
The contract, grant, or purchase order to which these Supplemental Provisions are attached 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, the Special Provisions, the contract or any attachments or exhibits incorporated into and made a part of the
contract, the provisions of these Supplemental Provisions shall control.
1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the meanings
ascribed to them below.
1.1. "Award" means an award of Federal financial assistance that a non-Federal Entity receives or administers in
the form of:
1.1.1.Grants;
1.1.2.Contracts;
1.1.3. Cooperative agreements,which do not include cooperative research and development agreements
(CRDA)pursuant to the Federal Technology Transfer Act of 1986, as amended(15 U.S.C. 3710);
1.1.4.Loans;
1.1.5.Loan Guarantees;
1.1.6.Subsidies;
1.1.7.Insurance;
1.1.8.Food commodities;
1.1.9.Direct appropriations;
1.1.10. Assessed and voluntary contributions; and
1.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds by non-
Federal Entities.
Award does not include:
1.1.12. Technical assistance,which provides services in lieu of money;
1.1.13. A transfer of title to Federally-owned property provided in lieu of money; even if the award is called
a grant;
1.1.14. Any award classified for security purposes; or
1.1.15. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of the
American Recovery and Reinvestment Act(ARRA)of 2009(Public Law 111-5).
1.2. "Contract" means the contract to which these Supplemental Provisions are attached and includes all Award
types in§1.1.1 through 1.1.11 above.
1.3. "Contractor" means the party or parties to a Contract funded, in whole or in part,with Federal financial
assistance, other than the Prime Recipient, and includes grantees, subgrantees, Subrecipients, and borrowers.
For purposes of Transparency Act reporting, Contractor does not include Vendors.
1.4. "Data Universal Numbering System(DUNS) Number" means the nine-digit number established and
assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet's website may
be found at: http://fedqov.dnb.com/webform.
1.5. "Entity" means all of the following as defined at 2 CFR part 25, subpart C;
1.5.1. A governmental organization, which is a State, local government, or Indian Tribe;
1.5.2.A foreign public entity;
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1.5.3.A domestic or foreign non-profit organization;
1.5.4.A domestic or foreign for-profit organization; and
1.5.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non-Federal entity.
1.6. "Executive" means an officer, managing partner or any other employee in a management position.
1.7. "Federal Award Identification Number(FAIN)" means an Award number assigned by a Federal agency to a
Prime Recipient.
1.8. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006(Public Law 109-282), as
amended by§6202 of Public Law 110-252. FFATA, as amended, also is referred to as the"Transparency Act."
1.9. "Prime Recipient" means a Colorado State agency or institution of higher education that receives an Award.
1.10. "Subaward" means a legal instrument pursuant to which a Prime Recipient of Award funds awards all or a
portion of such funds to a Subrecipient, in exchange for the Subrecipient's support in the performance of all or
any portion of the substantive project or program for which the Award was granted.
1.11. "Subrecipient" means a non-Federal Entity(or a Federal agency under an Award or Subaward to a non-
Federal Entity)receiving Federal funds through a Prime Recipient to support the performance of the Federal
project or program for which the Federal funds were awarded. A Subrecipient is subject to the terms and
conditions of the Federal Award to the Prime Recipient, including program compliance requirements. The term
"Subrecipient" includes and may be referred to as Subgrantee.
1.12. "Subrecipient Parent DUNS Number" means the subrecipient parent organization's 9-digit Data Universal
Numbering System (DUNS) number that appears in the subrecipient's System for Award Management(SAM)
profile, if applicable.
1.13. "Supplemental Provisions" means these Supplemental Provisions for Federally Funded Contracts, Grants,
and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of 2006,As
Amended, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado
agency or institution of higher education.
1.14. "System for Award Management(SAM)" means the Federal repository into which an Entity must enter the
information required under the Transparency Act,which may be found at http://www.sam.gov.
1.15. "Total Compensation" means the cash and noncash dollar value earned by an Executive during the Prime
Recipient's or Subrecipient's preceding fiscal year and includes the following:
1.15.1. Salary and bonus;
1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount recognized
for financial statement reporting purposes with respect to the fiscal year in accordance with the
Statement of Financial Accounting Standards No. 123(Revised 2005)(FAS 123R), Shared Based
Payments;
1.15.3. Earnings for services under non-equity incentive plans, not including group life, health,
hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and
are available generally to all salaried employees;
1.15.4. Change in present value of defined benefit and actuarial pension plans;
1.15.5. Above-market earnings on deferred compensation which is not tax-qualified;
1.15.6. Other compensation, if the aggregate value of all such other compensation(e.g. severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property)for the Executive exceeds$10,000.
1.16. "Transparency Act" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-
282), as amended by§6202 of Public Law 110-252. The Transparency Act also is referred to as FFATA.
1.17 "Vendor" means a dealer, distributor, merchant or other seller providing property or services required for a
project or program funded by an Award.A Vendor is not a Prime Recipient or a Subrecipient and is not subject
to the terms and conditions of the Federal award. Program compliance requirements do not pass through to a
Vendor.
2. Compliance. Contractor shall comply with all applicable provisions of the Transparency Act and the regulations
issued pursuant thereto, including but not limited to these Supplemental Provisions. Any revisions to such provisions
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or regulations shall automatically become a part of these Supplemental Provisions,without the necessity of either
party executing any further instrument. The State of Colorado may provide written notification to Contractor of such
revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions.
3. System for Award Management(SAM)and Data Universal Numbering System(DUNS) Requirements.
3.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor submits the final
financial report required under the Award or receives final payment,whichever is later. Contractor shall review
and update SAM information at least annually after the initial registration, and more frequently if required by
changes in its information.
3.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update Contractor's
information in Dun &Bradstreet, Inc. at least annually after the initial registration, and more frequently if
required by changes in Contractor's information.
4. Total Compensation. Contractor shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
4.1. The total Federal funding authorized to date under the Award is $25,000 or more; and
4.2. In the preceding fiscal year,Contractor received:
4.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts
and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and
4.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and
subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency
Act; and
4.3. The public does not have access to information about the compensation of such Executives through periodic
reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934(15 U.S.C. 78m(a), 78o(d)or§
6104 of the Internal Revenue Code of 1986.
5. Reporting. Contractor shall report data elements to SAM and to the Prime Recipient as required in §7 below if
Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment shall be made to
Contractor for providing any reports required under these Supplemental Provisions and the cost of producing such
reports shall be included in the Contract price. The reporting requirements in §7 below are based on guidance from
the US Office of Management and Budget(OMB), and as such are subject to change at any time by OMB. Any such
changes shall be automatically incorporated into this Contract and shall become part of Contractor's obligations under
this Contract, as provided in§2 above.The Colorado Office of the State Controller will provide summaries of revised
OMB reporting requirements at http://www.colorado.gov/dpa/dfp/sco/FFATA.htm.
6. Effective Date and Dollar Threshold for Reporting. The effective date of these Supplemental Provisions applies to
new Awards as of October 1, 2010. Reporting requirements in§7 below apply to new Awards as of October 1,2010,
if the initial award is$25,000 or more. If the initial Award is below$25,000 but subsequent Award modifications result
in a total Award of$25,000 or more, the Award is subject to the reporting requirements as of the date the Award
exceeds$25,000. If the initial Award is$25,000 or more, but funding is subsequently de-obligated such that the total
award amount falls below$25,000,the Award shall continue to be subject to the reporting requirements.
7. Subrecipient Reporting Requirements. If Contractor is a Subrecipient, Contractor shall report as set forth below.
7.1 To SAM. A Subrecipient shall register in SAM and report the following data elements in SAM for each Federal
Award Identification Number no later than the end of the month following the month in which the Subaward was
made:
7.1.1 Subrecipient DUNS Number;
7.1.2 Subrecipient DUNS Number+4 if more than one electronic funds transfer(EFT)account;
7.1.3 Subrecipient Parent DUNS Number;
7.1.4 Subrecipient's address, including: Street Address, City, State, Country, Zip+4, and Congressional
District;
7.1.5 Subrecipient's top 5 most highly compensated Executives if the criteria in §4 above are met; and
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7.1.6 Subrecipient's Total Compensation of top 5 most highly compensated Executives if criteria in §4
above met.
7.2 To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the Contract,
the following data elements:
7.2.1 Subrecipient's DUNS Number as registered in SAM.
7.2.2 Primary Place of Performance Information, including: Street Address, City, State, Country, Zip
code+4, and Congressional District.
8. Exemptions.
8.1. These Supplemental Provisions do not apply to an individual who receives an Award as a natural person,
unrelated to any business or non-profit organization he or she may own or operate in his or her name.
8.2 A Contractor with gross income from all sources of less than$300,000 in the previous tax year is exempt from
the requirements to report Subawards and the Total Compensation of its most highly compensated Executives.
8.3 Effective October 1, 2010, "Award" currently means a grant, cooperative agreement, or other arrangement as
defined in Section 1.1 of these Special Provisions. On future dates"Award"may include other items to be
specified by OMB in policy memoranda available at the OMB Web site;Award also will include other types of
Awards subject to the Transparency Act.
8.4 There are no Transparency Act reporting requirements for Vendors.
9. Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of default under the
Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice if the default remains
uncured five calendar days following the termination of the 30 day notice period. This remedy will be in addition to
any other remedy available to the State of Colorado under the Contract, at law or in equity."
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7) ADDITIONS
a. Exhibit C, Project Budget is modified by the addition of the following new subsections:
"2. Year 2
Budget Category Amount
Operating and Personnel Costs $24,807
Indirect Operating and Personnel Costs $0
Subgrantee Costs $15,000
TOTAL $39,807
3. Year3
Budget Category Amount
Direct Operating and Personnel Costs $21,912
Indirect Operating and Personnel Costs $0
Subgrantee Costs $20,000
TOTAL $41,912"
8) START DATE
This Amendment shall take effect on the later of its Effective Date or June 30.2014.
9) ORDER OF PRECEDENCE
Except for the Special Provisions, in the event of any conflict, inconsistency,variance,or contradiction between the
provisions of this Amendment and any of the provisions of the Contract, the provisions of this Amendment shall in all
respects supersede, govern, and control. The most recent version of the Special Provisions incorporated into the
Contract or any amendment shall always control other provisions in the Contract or any amendments.
10) AVAILABLE FUNDS
Financial obligations of the state payable after the current fiscal year are contingent upon funds for that purpose
being appropriated, budgeted, or otherwise made available.
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THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
*Persons signing for Contractor hereby swear 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
EAGLE COUNTY. John W. Hickenlooper, GOVERNOR
jj Department of Local Affairs
BY: k M .
Name of Authorized Individual
B y
Title: k{ a(1U Reeves Brown, Executive Director
Official Title of Authorized • idual
Date:
Signa re PRE-APPROVED FORM CONTRACT REVIEWER
Date: / • f"' ) J By:
Justin A. Hamel, Federal Grants Program Manager
Date:
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS§24-30-202 requires the State Controller to approve all State Contracts.This Contract 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 not
obligated to pay Contractor for such performance or for any goods and/or services provided hereunder,
STATE CONTROLLER
Robert Jaros, CPA
By:
Barbara M. Casey, Controller Delegate
Date:
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