HomeMy WebLinkAboutC20-311 Colorado Department of Public Health and Environment WICPage 1 of 4
Amendment Contract Number: 2020*2208 Amendment #2 Ver 01.11.19
CONTRACT AMENDMENT #2
SIGNATURE AND COVER PAGE(S)
State Agency :
Colorado Department Of Public Health and Environment
4300 Cherry Creek Drive South
Denver, CO 80246
Original Contract Number
18 FHLA 104025
Contractor
Board Of County Commissioners Of Eagle County
(a political subdivision of the state of Colorado)
500 Broadway
Eagle, Colorado 81631-0850
for the use and benefit of the
Eagle County Public Health Agency
551 Broadway
Eagle, Colorado 81631
Amendment Contract Number
2020*2208 Amendment #2
Contract Performance Beginning Date :
The later of the Effective date or October 1, 2017
Current Contract Expiration Date :
September 30, 2020
CONTRACT MAXIMUM AMOUNT TABLE
Document Type Contract Number Federal Funding
Amount
State Funding
Amount
Other Funding
Amount
Term (dates) Total
Original Contract 18 FHLA 104025 $217,974.00 $0 $0 10/1/2017 -
9/30/2018
$217,974.00
Grant Funding
Change Letter #1
18 FHLA 111389 $2,218.00 $0 $0 6/30/2018 -
9/30/2018
$2,218.00
Option Letter #1 19 FHLA 112093 $234,969.00 $0 $0 10/1/2018 -
9/30/2019
$234,969.00
Grant Funding
Change Letter #2
19 FHLA 139978 $30,500.00 $0 $0 6/28/2019 -
9/30/2019
$30,500.00
Amendment #1 20 FHLA 140869 $241,186.00 $0 $0 10/1/2019 -
9/30/2020
$241,186.00
Amendment #2 2020*2208
Amendment #2
$31,000.00 $0 $0 7/15/20 -
9/30/2020
$31,000.00
Current Contract Maximum
Cumulative Amount
$757,847.00
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C20-311
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Amendment Contract Number: 2020*2208 Amendment #2 Ver. 27.01.20
SIGNATURE PAGE
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
Board Of County Commissioners Of Eagle County
(a political subdivision of the state of Colorado)
______________________________________________
By: Signature
______________________________________________
Name of Person Signing for Contractor
______________________________________________
Title of Person Signing for Contractor
Date: _________________________
STATE OF COLORADO
Jared S. Polis, Governor
Colorado Department of Public Health and Environment
Jill Hunsaker Ryan, MPH, Executive Director
______________________________________________
By: Signature
______________________________________________
Name of Executive Director Delegate
______________________________________________
Title of Executive Director Delegate
Date: _________________________
In accordance with §24-30-202 C.R.S., this Contract is not valid until signed and dated below by the State Controller or
an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
__________________________________________
By: Signature
__________________________________________
Name of State Controller Delegate
__________________________________________
Title of State Controller Delegate
Contract Effective Date:_____________________
-- Signature and Cover Pages End --
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Kathy Chandler-Henry
Kathy Chandler-Henry
2020-08-19
Procurement & Contracts Section Director
Lisa McGovern
2020-08-19
Travis Yoder
Controller
2020-08-24
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Amendment Contract Number: 2020*2208 Amendment #2 Ver 27.01.20
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 under the State Controller Signature. 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 under the State
Controller Signature or July 15, 2020, whichever is later, and shall terminate on the
termination of the Contract or September 30, 2020, whichever is earlier.
4. PURPOSE
The Parties entered into the agreement to Conduct and administer a component of the Special
Supplemental Nutrition Program for Women, Infants, and Children, hereinafter referred to as the
“WIC Program”, within an approved service area. Service includes, but are not limited to,
nutrition education and the provisions of certain nutrition foods pregnant, lactating and
postpartum women, infants, and children under five (5) years of age, whose income falls below
specified levels and have an identifiable nutrition risk factor, as described in 7 CRS, Part 246,
and the State’s WIC Program Manual
The Parties now desire to increase funding and change the federal requirements for the following
reason: to increase funding and to update federal requirements.
5. MODIFICATIONS
The Contract and all prior amendments thereto, if any, are modified as follows:
A. The Contract Maximum Amount table is deleted and replaced with the Current Contract
Maximum Amount table shown on the Signature and Cover Page for this Amendment.
B. The Parties now agree to modify Revised Exhibit, A Additional Provisions, of the
agreement. Revised Exhibit, A, Additional Provisions, is deleted and replaced in its entirety
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Amendment Contract Number: 2020*2208 Amendment #2 Ver 27.01.20
with Exhibit, H, Additional Provisions, attached to this Amendment for the following
reason: To reflect changes to the federal award information and federal requirements..
C. The Parties now agree to add Exhibit I, Federal Provisions for the following reason: To
reflect changes to the federal award information and federal requirements.
D. The Parties now agree to modify Exhibit G, Budget. Exhibit G, Budget, is deleted and
replaced in its entirety with Exhibit G, Budget, attached to this Amendment for the
following reason: To increase funding.
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.
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EXHIBIT G
Amendment Contract Number: 2020*2208 Amendment #2
BUDGET
To Contract Dated 08/4/2017 - Contract Routing Number 18 FHLA 104025
Amendment Contract Number: 2020*2208 Amendment #2
Contract - FFY 2018 Budget (October 1, 2017 – September 30, 2018) $217,974.00
Grant Funding Letter #1 - LMS Training Funds Increase $2,218.00
Option Letter #1 - FFY 2019 Budget (October 1, 2018 – September 30, 2019) $234,969.00
Grant Funding Letter #2 – Computer Replacement Funds Increase $10,500.00
Grant Funding Letter #2 – Additional Funds Increase $20,000.00
Amendment #1 - FFY 2020 Budget (October 1, 2019 – September 30, 2020) $237,316.00
Amendment #1 – State Meeting Funds $3,870.00
Amendment #2 – Additional Funds Increase $31,000.00
TOTAL CONTRACT $757,847.00
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EXHIBIT H
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Amendment Contract Number: 2020*2208 Amendment #2
ADDITIONAL PROVISIONS
To Contract Dated 10-01-17 - CMS Contract Routing Number 2020*2208
These provisions are to be read and interpreted in conjunction with the provisions of the Contract specified above.
1. This Contract contains federal funds (see Catalog of Federal Domestic Assistance (CFDA) number 10.557).
2. The United States Department of Agriculture (“USDA”), through the Food and Nutrition Services (“FNS”)
has awarded as of 10/01/2017 anticipated federal funds of $23,000,000.00 under Notice of Cooperative
Agreement Award, hereinafter “NCAA”, number 3C0700701, to perform the following – to operate the
Special Supplemental Nutrition Program for Women, Infants, and Children, officially known as the “WIC
Program”.
If the underlying Notice of Cooperative Agreement Award “NCAA” authorizes the State to pay all
allowable and allocable expenses of a Contractor as of the Effective Date of that NCAA, then the State
shall reimburse the Contractor for any allowable and allocable expenses of the Contractor that have been
incurred by the Contractor since the proposed Effective Date of this Contract. If the underlying NCAA does
not authorize the State to pay all allowable and allocable expenses of a Contractor as of the Effective Date
of that NCAA, then the State shall only reimburse the Contractor for those allowable and all ocable
expenses of the Contractor that are incurred by the Contractor on or after the Effective Date of this
Contract, with such Effective Date being the later of the date specified in this Contract or the date the
Contract is signed by the State Controller or delegee.
1. To receive compensation under the Contract, the Contractor shall submit a signed Monthly CDPHE
Reimbursement Invoice Form. This form is accessible from the CDPHE internet website
https://www.colorado.gov/pacific/cdphe/standardized-invoice-form-and-links and is incorporated and made
part of this Contract by reference. CDPHE will provide technical assistance in accessing and completing
the form. The CDPHE Reimbursement Invoice Form and Expenditure Details page must be submitted no
later than forty-five (45) calendar days after the end of the billing period for which services were rendered.
Expenditures shall be in accordance with this Statement of Work and Budget. The Contractor shall submit
the invoice using one of the following three methods
Mail to:
Cyril Padilla, WIC Fiscal Administrator
Prevention Services Division – WIC Program
Colorado Department of Public Health and Environment
PSD-A4-WIC
4300 Cherry Creek Drive South
Denver, Colorado 80246
Scan the completed and signed CDPHE Reimbursement Invoice Form into an electronic document. Email
the scanned invoice with the Excel workbook containing the Expenditure Details page to: Cyril Padilla,
WIC Fiscal Administrator, cyril.padilla@state.co.us
Fax the completed and signed CDPHE Reimbursement Invoice Form and Expenditure Details page to:
Attention: Cyril Padilla, WIC Fiscal Administrator, 303 -756-9926
Final billings under the Contract must be received by the State within a reasonable time after the expiration
or termination of the Contract; but in any event no later than forty-five (45) calendar days from the
effective expiration or termination date of the Contract.
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EXHIBIT H
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Amendment Contract Number: 2020*2208 Amendment #2
Unless otherwise provided for in the Contract, “Local Match”, if any, shall be included on all invoices as
required by funding source.
The Contractor shall not use federal funds to satisfy federal cost sharing and matching requirements unless
approved in writing by the appropriate federal agency.
2. Time Limit For Acceptance Of Deliverables.
a. Evaluation Period. The State shall have sixty (60) calendar days from the date a deliverable is
delivered to the State by the Contractor to evaluate that deliverable, except for those deliverables
that have a different time negotiated by the State and the Contractor.
b. Notice of Defect. If the State believes in good faith that a deliverable fails to meet the design
specifications for that particular deliverable, or is otherwise deficient, then the State shall notify
the Contractor of the failure or deficiencies, in writing, within thirty (30) calendar days of: 1) the
date the deliverable is delivered to the State by the Contractor if the State is aware of the failure or
deficiency at the time of delivery; or 2) the date the State becomes aware of the failure or
deficiency. The above time frame shall apply to all deliverables except for those deliverables that
have a different time negotiated by the State and the Contractor in writing pursuant to the State’s
fiscal rules.
c. Time to Correct Defect. Upon receipt of timely written notice of an objection to a completed
deliverable, the Contractor shall have a reasonable period of time, not to exceed thirty (30)
calendar days, to correct the noted deficiencies.
3. Health Insurance Portability and Accountability Act (HIPAA) Business Associate Determination.
The State has determined that this Contract does not constitute a Business Associate relationship under
HIPAA.
6. This award does not include funds for Research and Development.
4. The State, at its discretion, shall have the option to extend the term under this Contract beyond the Initial
Term for a period or for successive periods, of 1 year at the same rates and under the same terms specified
in the Contract. In order to exercise this option, the State shall provide written notice to Contractor in as
form substantially equivalent to Exhibit D. If exercised, the provisions of the Option Letter shall become
part of and be incorporated in the original contract. The total duration of this contract shall not exceed 5
years.
5. The State, at its discretion, shall have the option to increase or decrease the statewide quantity of Goods
and/or Services based upon the rates established in this Contract, and modify the maximum amount payable
accordingly. In order to exercise this option, the State shall provide written notice to Contractor in as form
substantially equivalent to Exhibit D. Delivery of Goods and/or performance of Services shall continue at
the same rates and terms as described in this Contract.
6. The Contractor shall obtain the prior written approval of the State before, and as a condition of, purchasing
any equipment with WIC funds that costs Five Thousand Dollars ($5,000.00) or more. If such approval is
given by the State, and the Contractor purchases the equipment, then that equipment shall be the property
of the State’s WIC Program
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EXHIBIT H
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Amendment Contract Number: 2020*2208 Amendment #2
7. The Contractor shall insure that no claim is submitted to the State for the reimbursement of those services
which are already funded by other state or federal programs, or for costs which are n ot allowable as defined
in the WIC Program Manual, which is available at http://coloradowic.com/
8. The Contractor’s claims for the reimbursement of all administrative costs s hall be made in accordance with
all applicable requirements imposed by the USDA, including but not limited to 7 C.F.R., Part 246, as
amended, all applicable Office of Management and Budget (OMB) circulars, and the State’s WIC policies,
as amended.
9. Continued State financial reimbursement under this Task Order Contract is contingent upon the continued
operation of the WIC program as described in this Task Order Contract, and the Contractor’s timely
submission of all the reports, data, or other documentation required under this Task Order Contract.
10. Nondiscrimination: The Recipient will comply with following the nondiscrimination statutes and
regulations, other related regulations and any USDA nondiscrimination directives:
a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d - et seq.) and USDA regulations at 7 CFR
Part 15, Nondiscrimination, an Department of Justice regulations at 28 CFR Part 42,
Nondiscrimination; Equal Employment Opportunity: Policies And Procedures;
b. Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and USDA regulations at 7
CFR Part 15a, Education Programs or Activities Receiving or Benefiting from Federal Financial
Assistance;
c. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 1681 et seq.) and USDA regulations at 7 CFR
Part 15a, Education Programs or Activities Receiving or Benefiting or Benefiting from Federal
Financial Assistance, and Department of Justice regulations at 28 CFR Part 41, Implementation of
Executive Order 12250, Nondiscrimination On the Basis of Handicap In Federally Assisted Programs;
and
d. Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) The Grantee assures that it will immediately
take any measures necessary to effectuate the requirements in these laws, regulations and directives.
The Grantee gives this assurance in consideration of and for the purpose of obtaining the funds
provided under this agreement.
e. The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination on the basis of disa bility
in employment (Title I), state and local government services (Title II), places of public accommodation
and commercial facilities (Title III). (42 U.S.C. 12101 -12213).
The following nondiscrimination statement shall be included, in full, on all mat erials that are produced
by the grant recipient for public information, public education, or public distribution.
"In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights
regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating
in or administering USDA programs are prohibited from discriminating based on race, color, national
origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in a ny program or
activity conducted or funded by USDA.
Persons with disabilities who require alternative means of communication for program information
(e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State
or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech
disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally,
program information may be made available in languages other than English.
To file a program complaint of discrimination, complete the USDA Program Discrimination
Complaint Form, (AD-3027) found online at: http://www.ascr.usda.gov/complaint_filing_cust.html,
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EXHIBIT H
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Amendment Contract Number: 2020*2208 Amendment #2
and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the
information requested in the form. To request a copy of the complaint form, call (866) 632-9992.
Submit your completed form or letter to USDA by:
(1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400
Independence Avenue, SW Washington, D.C. 20250-9410;
(2) fax: (202) 690-7442; or
(3) email: program.intake@usda.gov.
This institution is an equal opportunity provider.
11. The Contractor shall agree to support full use of federal funds provided from USDA/Food and Nutrition
Service to Colorado to administer the Special Supplemental Nutrition Program for Women, Infants, and
Children (WIC) as established in Section 12(b) of the Richard B. Russell National School Lunch Act, 42
U.S.C. 1760 (b), as amended by Section 361 of the Health, Hunger -Free Kids Act of 2010 (Public Law
111-296). This stipulates that funds provided for administration should be excluded from local agency
budget restrictions including at a minimum, hiring freezes, work furloughs, and travel restrictions affecting
the WIC program if there are enough WIC funds available to pay for those services during the contract
period
12. No State or other public funds payable under this Contract shall be used for the acquisition, operation or
maintenance of computer software in violation of United States copyright laws or applicable licensing
restrictions. The Contractor hereby certifies that, for the term of this Contract and any extensions, the
Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If
the State determines that the Contractor is in violation of this paragraph, the State may exercise any remedy
available at law or equity or under this Contract, including, without limitation, immediate termination of
the Contract and any remedy consistent with United States copyright laws or applicable licensing
restrictions
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Amendment Contract Number: 2020*2208 Amendment #2 Ver. 25.02.20
Exhibit I
Federal Provisions - Special Supplemental Nutrition Program for Women, Infants and Children
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.
a. Subrecipient: Board Of County Commissioners Of Eagle County
b. Subrecipient DUNS number: 084024447
c. The Federal Award Identification Number (FAIN) is 203CO701W1003.
d. The Federal award date is 10/01/2019.
e. The subaward period of performance start date is 10/01/2019 and end date is 09/30/2020.
f. Federal Funds:
Federal Budget Period Total Amount of Federal
Funds Awarded
Amount of Federal Funds
Obligated to CDPHE
10/1/2019 - 9/30/2020 23,000,000 23,000,000
g. Federal award title of project or program: Special Supplemental Nutrition Program for
Women, Infants and Children.
h. The name of the Federal awarding agency is: United States Department of
Agriculture (“USDA”) and the contact information for the awarding official is Kevin
Dunn, FNS Mountain Plains Regional Office, 303-844-0317; the name of the pass-through
entity is the State of Colorado, Department of Public Health and Environment (CDPHE), and
the contact information for the CDPHE official is Heidi Hoffman, CO WIC Director,
heidi.hoffman@state.co.us .
i. The Catalog of Federal Domestic Assistance (CFDA) number is 10.557 and the grant name is
Women Infants & Children (2 Year).
j. This award is not for research & development.
k. Subrecipient is not required to provide matching funds. In the event the Subrecipient is
required to provide matching funds, Section 8 of this Attachment applies.
l. 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
CDPHE cost allocation plan.
2) Subrecipient shall at all times during the term of this contract strictly adhere to the requirements under
the Federal Award listed above, and all applicable federal laws, Executive Orders, and implementing
regulations as they currently exist and may hereafter be amended.
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Amendment Contract Number: 2020*2208 Amendment #2 Ver. 25.02.20
3) Any additional requirements that CDPHE imposes on Subrecipient in order for CDPHE to meet its
own responsibility to the Federal awarding agency, including identification of any required financial and
performance reports, are stated in the Exhibits.
4) Subrecipient’s approved indirect cost rate is as stated in the Exhibits.
5) Subrecipient must permit CDPHE and auditors to have access to Subrecipient’s records and financial
statements as necessary for CDPHE 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 Attachment.
7) Performance and Final Status. Subrecipient shall submit all financial, performance, and other
reports to CDPHE 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.
8) Matching Funds. Subrecipient shall provide matching funds as stated in the Exhibits. Subrecipient
shall have raised the full amount of matching funds prior to the Effective Date and shall report to CDPHE
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 CDPHE 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.
11) 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:
a. Office of Management and Budget Circulars and The Common Rule for Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments, as applicable;
b. when required by Federal program legislation, the “Davis-Bacon Act”, as amended (40
U.S.C. 3141-3148) as supplemented by Department of Labor Regulations (29 CFR Part 5,
“Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction”);
c. when required by Federal program legislation, 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 of Public Work Financed in Whole or in Part by Loans
or Grants from the United States”).
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Amendment Contract Number: 2020*2208 Amendment #2 Ver. 25.02.20
d. 42 U.S.C. 6101 et seq., 42 U.S.C. 2000d, 29 U.S.C. 794 (regarding discrimination);
e. the “Americans with Disabilities Act” (Public Law 101-336; 42 U.S.C. 12101, 12102, 12111
- 12117, 12131 - 12134, 12141 - 12150, 12161 - 12165, 12181 - 12189, 12201 - 12213 and 47
U.S.C. 225 and 47 U.S.C. 611);
f. when applicable, the Contractor shall comply with the provisions of the “Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments” (Common Rule);
g. The Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as
amended by §6062 of Public Law 110-252, including without limitation all data reporting
requirements required there under. This Act is also referred to as FFATA.
h. Contractor shall comply with the provisions of Section 601 of Title VI of the Civil Rights Act
of 1964, as amended.
i. 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 comply with 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.
j. where applicable, Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).
k. if the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a)
and the recipient or subrecipient wishes to enter into an agreement with a small business firm
or nonprofit organization, 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.
l. the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended.
m. if applicable, comply with the mandatory standards and policies on energy efficiency
contained within the State of Colorado’s energy conservation plan issued in compliance with
the Energy Policy and Conservation Act, 42 U.S.C. 6201.
n. the Contractor and all principals are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from covered transactions by any
federal department or agency; the Contractor and all principals shall comply with all
applicable regulations pursuant to Executive Order 12549 (3 CFR Part 1986 Comp., p. 189)
and Executive Order 12689 (3 CFR Part 1989 Comp., p. 235), Debarment and Suspension;
and,
o. the Contractor shall comply where applicable, the Byrd Anti-Lobbying Amendment (31
U.S.C. 1352).
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. CDPHE may provide
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Amendment Contract Number: 2020*2208 Amendment #2 Ver. 25.02.20
written notification to Subrecipient of such revisions, but such notice shall not be a condition precedent to
the effectiveness of such revisions.
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, CDPHE 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 CDPHE 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
CDPHE may terminate the Contract in accordance with the provisions in the Contract.
16) Close- Out. Subrecipient shall close out this Contract within 45 days after the End Date. Contract
close out entails submission to CDPHE by Subrecipient of all documentation defined as a deliverable in
this Contract, and Subrecipient’s final reimbursement request. If the project has not been closed by the
Federal awarding agency within 1 year and 45 days after the End Date due to Subrecipient’s failure to
submit required documentation that CDPHE 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 CDPHE 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
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