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HomeMy WebLinkAboutC21-238 Colorado Department of Public Health and Environment Page 1 of 3 Option Letter Contract Number: 2021*2571 Option Letter #3 Ver. 27.01.20 OPTION LETTER #: 3 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 2021*2571 Option Letter #3 Contract Performance Beginning Date : The later of the Effective date or October 1, 2017 Current Contract Expiration Date : September 30, 2021 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 8/24/20 - 9/30/2020 $31,000.00 Option Letter #2 2021*2571 Option Letter #2 $236,569.00 $0 $0 10/1/2020 – 9/30/2021 236,569.00 Option Letter #3 2021*2571 Option Letter #3 $45,000.00 $0 $0 7/6/2021 – 9/30/2021 $45,000.00 Current Contract Maximum Cumulative Amount $1,039,416.00 1)OPTIONS A.Option to change quantity of services under the Contract DocuSign Envelope ID: 00E1F517-384B-495D-A1B9-0DF8D335417F C21-238 Page 2 of 3 Option Letter Contract Number: 2021*2571 Option Letter #3 Ver. 27.01.20 2) REQUIRED PROVISIONS: A. In accordance with Section 5. of the Original Contract referenced above, the State hereby exercises its option to increase the quantity of services at the rates stated in the Original Contract as amended. Exhibit G, Budget, is deleted and replaced in its entirety with Exhibit G, Budget, attached to this Option Letter, for the following reason: To increase funding. B. Exhibit I, Federal Provisions, is deleted and replaced in its entirety with Exhibit I, Federal Provisions, attached to this Option Letter, for the following reason: To reflect changes to the federal award identification information. C. The Contract Maximum Amount table is deleted and replaced with the Current Contract Maximum Amount table shown above. 3) OPTION EFFECTIVE DATE: A. The effective date of this Option Letter is upon approval of the State Controller. DocuSign Envelope ID: 00E1F517-384B-495D-A1B9-0DF8D335417F Page 3 of 3 Option Letter Contract Number: 2021*2571 Option Letter #3 Ver. 03.01.20 SIGNATURE PAGE 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 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: Signature ______________________________________________ Name of State Controller Delegate ______________________________________________ Title of State Controller Delegate Option Effective Date: _________________________ -- Signature Page End -- DocuSign Envelope ID: 00E1F517-384B-495D-A1B9-0DF8D335417F Procurement & Contracts Section Director ft 2021-07-08 Lisa McGovern 2021-07-09 Controller Travis Yoder EXHIBIT G Option Letter Contract Number: 2021*2571 Option Letter #3 BUDGET To Contract Dated 08/4/2017 - Contract Routing Number 18 FHLA 104025 Option Letter Contract Number: 2021*2571 Option Letter #3 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 Option Letter #2 - FFY 2021 Budget (October 1, 2020 – September 30, 2021) $232,569.00 Assistance with Summit County $4,000.00 Option Letter #3 – Additional Funds Increase $45,000.00 TOTAL CONTRACT $1,039,416.00 DocuSign Envelope ID: 00E1F517-384B-495D-A1B9-0DF8D335417F Page 1 of 4 Amendment Contract Number: 2021*2571 Option Letter #3 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 10/01/2020. e. The subaward period of performance start date is 10/01/2020 and end date is 09/30/2021. f. Federal Funds: Federal Budget Period Total Amount of Federal Funds Awarded Amount of Federal Funds Obligated to CDPHE 10/1/2020 - 9/30/2021 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. 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. DocuSign Envelope ID: 00E1F517-384B-495D-A1B9-0DF8D335417F Page 2 of 4 Amendment Contract Number: 2021*2571 Option Letter #3 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”). DocuSign Envelope ID: 00E1F517-384B-495D-A1B9-0DF8D335417F Page 3 of 4 Amendment Contract Number: 2021*2571 Option Letter #3 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 DocuSign Envelope ID: 00E1F517-384B-495D-A1B9-0DF8D335417F Page 4 of 4 Amendment Contract Number: 2021*2571 Option Letter #3 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 DocuSign Envelope ID: 00E1F517-384B-495D-A1B9-0DF8D335417F