HomeMy WebLinkAboutC23-174 CDPHE_immunization grantDocuSign Envelope ID:43724558-FB68-48DE-8910-6B4927CA61FC
TASK ORDER
State Agency
Contractor
State of Colorado for the use & benefit of the
Board of County Commissioners of Eagle County
Department of Public Health and Environment
(a political subdivision of the state of Colorado)
4300 Cherry Creek Drive South
500 Broadway
Denver CO 80246
Eagle CO 81631-0850
for the use and benefit of the
Eagle County Public Health Agency
551 Broadway
Eagle CO 81631
Master Task Order Contract Number
Task Order Performance Beginning Date
23 FAA 00016
The later of the Task Order Effective Date or July 1, 2023
Task Order Number
2024*0026
Task Order Maximum Amount
Task Order Expiration Date
Initial Term
June 30, 2024
State Fiscal Year 2024 $88,389.00
Except as stated in §2.D., the total duration of this Contract,
including the exercise of any options to extend, shall not
exceed 5 years from its Performance Beginning Date.
Pricing/Funding
Miscellaneous:
Price Structure: Cost Reimbursement, Quarterly Payments
Authority to enter into this Contract exists in:
C.R.S. 25-1.5-101 — C.R.S. 25-1.5-113
Funding Source:
Law Specified Vendor Statute (if any): N/A
State $65,988.00
Federal $22,401.00
Procurement Method: Exempt
Solicitation Number if any): N/A
State Representative
Contractor Representative
Heather Roth
Heath Harmon
Immunization Branch Chief
Public Health Director
Immunization Branch
Eagle County Public Health Agency
Department of Public Health and Environment
551 Broadway
4300 Cherry Creek Drive South
Eagle CO 81631
Denver, CO 80246
heath.harmon@eaglecouniy.us
heather.rothgstate.co.us
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Contract:
Exhibit A, Additional Provisions
Exhibit B, Statement of Work
Exhibit C, Budget
Exhibit D, Federal Provisions
Contract Purpose
This project serves to reduce and eliminate vaccine preventable diseases in Colorado by increasing and maintaining
immunization coverage. Local public health agencies will provide core immunization services, according to established
best practices and standards, to improve the health of individuals and communities.
Task Order Number: 2024*0026 Pagel of 3 Version 02.24.2022
DocuSign Envelope ID:43724558-FB68-48DE-8910-6B4927CA61FC
In accordance with §4.B of the Master Task Order Contract referenced above, Contractor shall complete the following
Proj ect:
1. PROJECT DESCRIPTION
Contractor shall complete the Project described in Exhibit B Statement of Work (SOW) that is attached hereto and
incorporated herein ("the SOW"). All terminology used in this Task Order and the Statement of Work shall be interpreted
in accordance with the Master Task Order Contract unless specifically defined differently in this Task Order. The
Statement of Work and Budget are incorporated herein, made a part hereof and attached hereto as Exhibit B - Statement
of Work and Exhibit C - Budget.
2. PAYMENT
The State shall pay Contractor the amounts shown in Exhibit C - Budget that is attached hereto and incorporated herein,
in accordance with the requirements of the Statement of Work and the Master Task Order Contract. The State shall not
make any payment for a State Fiscal Year that exceeds the Task Order Maximum Amount shown above for that State
Fiscal Year.
3. PERFORMANCE PERIOD
Contractor shall complete all Work on the Project described in this Task Order by the Task Order Expiration Date stated
above. Contractor shall not perform any Work described in the Statement of Work prior to the Task Order Performance
Beginning Date or after the Task Order Expiration Date stated above.
4. TASK ORDER EFFECTIVE DATE:
The Effective Date of this Task Order is upon approval of the State Controller or July 1, 2023, whichever is later.
Task Order Number: 2024*0026 Page 2 of 3 Version 02.24.2022
DocuSign Envelope ID:43724558-FB68-48DE-8910-6B4927CA61FC
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
Each person signing this Contract represents and warrants that he or she is duly authorized
to execute this Contract and to bind the Party authorizing his or her signature.
CONTRACTOR
STATE OF COLORADO
Board of County Commissioners of Eagle County
Jared S. Polis, Governor
(a political subdivision of the state of Colorado)
Colorado Department of Public Health and Environment
for the use and benefit of the
Jill Hunsaker Ryan, MPH, Executive Director
Eagle County Public Health Agency
DocuSigned by:
E—Ruty�
DocuSigned by:
�BF-8-�6AtRiB4 ..
By: Signature
5398B4A8
Lisa McGovern
By: Signature
Kathy Chandler -Henry
Name of Executive Director Delegate
procurement & Contracts section Director ft
Name of Person Signing for Contractor
County commissioner
Title of Executive Director Delegate
Title of Person Signing for Contractor
2023-05-22
Date:
2023-05-22
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
DocuSigned by. Robert Jaros, CPA, MBA, JD
SCAyrlinh
8CA04614546748A...
By: Signature
7annette scarpino
Name of State Controller Delegate
chief Financial officer
Title of State Controller Delegate
2023-05-22
Effective Date:
--Signature Page End --
Task Order Number: 2024*0026 Page 3 of 3 Version 02.24.2022
DocuSign Envelope ID:43724558-FB68-48DE-8910-6B4927CA61FC
EXHIBIT A
ADDITIONAL PROVISIONS
To Master Task Order Contract Dated 04/25/2022 Task Order Routing Number: 23 FAA 00016
These provisions are to be read and interpreted in conjunction with the provisions of the Master Task Order
Contract specified above.
1. Invoicing Provisions:
CDPHE will provide quarterly payments to the Contractor.
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 forty-five (45) 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.
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.
Page 1 of 1
Task Order Number: 2024*0026 Ver. 04.15.22
DocuSign Envelope ID:43724558-FB68-48DE-8910-6B4927CA61FC
EXHIBIT B
STATEMENT OF WORK
To Original Contract Number: 2024*0026
These provisions are to be read and interpreted in conjunction with the provisions of the contract specified
above.
I. Entity Name: Eagle County Public Health Agency
II. Project Description: This project serves to maintain immunization awareness and increase vaccination
rates in Colorado. Local public health agencies will assure core immunization services, according to
established best practices and standards, to improve the health of individuals and communities.
The Colorado Department of Public Health and Environment (CDPHE) is funded by the Centers for
Disease Control and Prevention (CDC) to address potentially life -threatening diseases and reduce risk. The
project supports Local Public Health Agencies (LPHAs) through the Vaccines for Children (VFC)
program, and creates a coordinated infrastructure to align with national immunization standards. The
project supplies Section 317 vaccines at no cost to remove the financial barrier for adults without insurance.
The project counters anti -vaccination attitudes and beliefs by engaging the community, and delivering
education in the service area. The project encourages healthcare providers and school -based settings to use
the Colorado Immunization Information System (CIIS), and to contribute to the centralized system by
entering data. The project is intended to convene the public and health professionals, reduce mortality and
morbidity rates caused by vaccine -preventable diseases, and protect the health of Coloradans.
III. Definitions:
1. ACIP:
Advisory Committee on Immunization Practices
2. CALPHO
Colorado Association of Local Public Health Officials
3. CCC:
Child Care Centers as defined by Colorado State Board of Health Rule 6 CCR 1009-2
4. CCR:
Code of Colorado Regulations
5. CDC:
Centers for Disease Control and Prevention
6. CDPHE:
Colorado Department of Public Health and Environment
7. CIB:
Colorado Immunization Branch
8. CIIS:
Colorado Immunization Information System
9. Core Immunization Services (Core Services): Basic and essential vaccination services provided within
the LPHA's jurisdiction.
10. Deputization: The formal delegation of authority to provide VFC vaccines to eligible underinsured
children from a participating FQHC or RHC to another VFC-enrolled provider; typically
a local public health agency.
11. DTaP: Pediatric diphtheria, tetanus, and pertussis vaccine.
12. Evidence -based: Conscientious use of current scientific evidence and clinical expertise.
13. FAQ: Frequently Asked Questions
14. FQHC: Federally Qualified Health Center
15. Insured: A person who is covered by health insurance.
16. Jurisdiction: Power or right of a legal or political agency to exercise its authority over a
person, subject matter, or territory.
17. LPHA: Local public health agency
18. MMR Measles, mumps, and rubella vaccine.
19. MMR and DTaP database: An electronic, CDPHE tool that provides access to county -level measles,
mumps, rubella, diphtheria, tetanus, and pertussis vaccine coverage data.
20. MOU: Memorandum of Understanding
21. RHC: Rural Health Center
22. School: As defined by the Colorado Board of Health rule 6 CCR 1009-2, all child care
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EXHIBIT B
facilities licensed by the Colorado Department of Human Services including: child care
centers, school -age child care center, preschools, day camps, resident camps, day
treatment centers, family child care homes, foster care homes, and head start programs;
public, private, or parochial kindergarten, elementary or secondary schools through grade
twelve, or a college or university.
23. Section 317 Vaccine: Vaccine funding used to support infrastructure critical to vaccine program
success including vaccine for: uninsured and underinsured adults, outbreak response and
preparedness support.
24. VFC: Vaccines for Children
25. VPD: Vaccine -preventable disease
26. WIG: Wildly Important Goal - a current strategic priority of CDPHE
IV. Work Plan:
Goal #1: Reduce vaccine -preventable diseases in Colorado by increasing or maintaining immunization
coverage.
Objective #1: No later than the expiration of the contract, provide core immunization services intended to
improve the health of individuals and communities.
Primary Activity #1
The Contractor shall implement core immunization services within its
jurisdiction.
Sub -Activities #1
1. The Contractor shall promote within the jurisdiction all ACIP-recommended
vaccines available through the following distribution channels:
a. VFC vaccines available through the VFC program for the eligible
population served.
b. Section 317 vaccines available through the Section 317 program for
the eligible population served.
c. Privately -purchased vaccines available for the eligible insured
population served.
2. The Contractor shall assure immunizations are provided within the
jurisdiction.
3. The Contractor shall screen patients for eligibility to receive publicly funded
vaccine.
4. The Contractor shall send immunization data to CIIS for all immunizations
administered by the agency within seven (7) days of vaccine administration.
5. The Contractor shall promote use of CIIS to providers and schools in the
jurisdiction.
6. The Contractor shall review the county level Immunization Rates Report
provided by CIB for the following information:
a. Children 19-35 months of age no later than 30 days after distribution
by CIB
b. Adolescents 13-17 years of age no later than 30 days after distribution
by CIB
c. Compare to the CDC National Immunization Surveys; Child and Teen
and CIIS-generated statewide rates provided by CIB in order to
increase awareness of county versus state and national immunization
rates within the 30 days that the rates report is distributed by the CIB.
7. The Contractor shall provide immunization subject matter expertise to the
following:
a. Decision makers
b. Policy makers
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EXHIBIT B
c. Health care providers
d. The public
8. The Contractor shall meet with local stakeholders to implement a minimum of
one (1) evidence -based strategy that is culturally and linguistically appropriate to
reduce the following:
a. immunization disparities by race
b. immunization disparities by ethnicity
c. immunization disparities by socio-economic status
d. immunization disparities by disability status
9. The Contractor shall promote informed vaccine decision making by educating
a minimum of one (1) of the following:
a. consumers
b. health care providers
c. staff who administer immunizations
d. policy makers
10. The Contractor shall address vaccine hesitancy by educating a minimum of
one (1) of the following:
a. consumers
b. health care providers
c. staff who administer immunizations
d. policy makers
11. The Contractor shall promote vaccine services availability by educating a
minimum of one (1) of the following:
a. consumers
b. healthcare providers
c. staff who administer immunizations
d. policy makers
12. The Contractor shall promote seasonal influenza vaccine to improve
preparedness in the event of an influenza pandemic according to the following
criteria:
a. The Contractor shall promote seasonal influenza vaccine with new
organizations.
b. The Contractor shall continue seasonal influenza vaccine coordination
with existing organizations.
c. The Contractor shall promote seasonal influenza vaccine with
commercial sector organizations.
13. The Contractor shall maintain a deputization MOU with an FQHC/RHC.
14. The Contractor shall deliver information to schools and CCCs about
the Colorado State Board of Health Rule 6 CCR 1009-2 annual reporting
requirement.
a. The Contractor shall follow up with schools who fail to report data.
b. The Contractor shall follow up with CCCs who fail to report data.
15. The Contractor shall support a network of VFC providers.
a. The Contractor shall perform ongoing recruitment of new VFC
providers.
b. The Contractor shall educate current VFC providers about the VFC
program requirements.
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Task Order Number: 2024*0026 ver. 01.11.19
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EXHIBIT B
16. The Contractor shall implement core immunization services in response to
cases of VPD in the jurisdiction.
17. The Contractor shall maintain staff readiness for a VPD outbreak.
18. The Contractor shall participate in CIB Immunization calls for up-to-date
information.
a. The Contractor shall listen to the audio recording of the call provided
by the CIB within 30 days when the Contractor is unable to attend the
call.
19. The Contractor shall attend a minimum of one (1) immunization -related
trainingor conference.
Objective #2: No later than the expiration of the contract, implement evidence -based strategies to improve
immunization rates in populations identified as underimmunized.
Primary Activity #1
The Contractor shall utilize immunization strategies to address strategic
priorities.
Sub -Activities #1
1. The Contractor shall utilize immunization strategies to address
underimmunization in populations.
2. The Contractor shall review the list of strategies from Strategies to improve
Colorado vaccination rates (in Standards and Requirements section).
3. The Contractor shall plan local activities to use evidence -based strategies
that are culturally and linguistically appropriate to increase immunization
rates with the following:
a. Health care providers
b. Pharmacists
c. Long-term care facility staff
d. Infection control specialists
e. School officials
f. The public
Standards and
1. The content of electronic documents located on CDPHE and non-CDPHE
Requirements
websites and information contained on CDPHE and non-CDPHE websites
may be updated periodically during the contract term. The contractor shall
monitor documents and website content for updates and comply with all
updates.
2. The Contractor shall use the final results of the CDC National Immunization
Surveys; Child and Teen and CIIS-generated statewide rates provided by
CIB via email communication in order to increase awareness of county
versus state and national immunization rates.
3. The Contractor shall comply with the requirements for entering/submitting
immunization data into CIIS as agreed to in the CIISLetter of Agreement
found within the online CIIS Resource Center located on the following
website, https://www.cophr.com/emrlo ig nasp. The content of this website is
incorporated and made part of this contract by reference.
4. The Contractor shall comply with the ACIP recommendations for vaccine
administration located on the following website,
http://www.cdc.gov/vaccines/acip/index.html. The content of this website is
incorporated and made part of this contract by reference.
5. The Contractor shall promote compliance with school immunization rules
within the Colorado State Board o Health Rule 6 CCR 1009-2 located on
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Task Order Number: 2024*0026 Ver. 01.11.19
DocuSign Envelope ID:43724558-FB68-48DE-8910-6B4927CA61FC
EXHIBIT B
the following website,
https:Hdrive.google.com/file/d/11UWIH39hkuiXaI 4g bcPOp7WoNdEw-
T C/view. This document establishes immunization standards and is
incorporated and made part of this contract by reference.
6. The Contractor shall create a login to access the school and childcare
immunization data for the Contractor's jurisdiction located on the following
website, Colorado Health Informatics Data Systems. The content of this
website is incorporated and made part of this contract by reference.
7. The Contractor shall maintain a signed VFC recertification agreement when
providing VFC vaccines for the jurisdiction.
8. The Contractor shall provide signed VFC recertification packet and
agreements via the following website when providing VFC vaccines for the
jurisdiction:
https: Hfs9. formsite. com/ColoradoIMMpro gram/2023RecertFonn/index.html
. This information is incorporated and made part of this contract by
reference.
9. The Contractor shall comply with the requirements for utilizing VFC
vaccine agreed to in the VFC recertification agreement packet provided by
CIB when providing VFC vaccines for the jurisdiction.
10. The Contractor shall comply with the eligibility requirements for utilizing
Section 317 vaccine as provided by CIB policy and via email when
providing 317 vaccines for the jurisdiction.
11. The Contractor shall review and use a minimum of one (1) evidence -based
strategy to reduce coverage disparities by race, ethnicity, socio-economic
status, and/or disability status from Strategies to improve Colorado
vaccination rates located on the following website,
https:Hdrive. goo gle. com/file/d/ 1 dYogAyuWmrzS 1 P8RQ7ZP10uryuKfcC-
5/view?usp=sharing The content of this website is incorporated and made
part of this contract by reference.
12. The Contractor shall use deputization MOU guidance as provided by CIB
via email.
13. CDPHE will provide programmatic technical assistance to the Contractor,
upon request.
14. The Contractor shall complete an electronic quarterly progress report using
the FY24 Immunization Core Services Quarterly Progress Report, via the
following website,
htt2s:Hfs9.fonnsite.com/ColoradoIMMprogram/FY24 LPHA/index.html
The content of this website is incorporated and made part of this contract by
reference.
15. The Contractor shall complete the final electronic quarterly progress
report as a non -reimbursable deliverable.
16. The content of this website is incorporated and made part of this contract by
reference.
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Task Order Number: 2024*0026 ver. 01.11.19
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EXHIBIT B
17. The Contractor shall utilize strategies of CALPHO and CDPHE's Colorado
Public Health System Transformation: Core Public Health Services Needs
Assessment Report. Jan 2020 located on the following website,
https://drive..izoo le�com/ale/d/l3ffziCLIXmOlZcFsWfke8W4MiRbxL8r/vie
w?uW=sharing. This document establishes immunization standards and is
incorporated and made part of this contract by reference.
18. The Contractor shall access the MMR and DTaP Dashboard to track
immunization coverage in their jurisdiction. The content of this website is
incorporated and made part of this contract by reference.
19. The Contractor shall strive to meet immunization targets for the jurisdiction
set by the CIB to attain a WIG.
20. CDPHE will provide each jurisdiction's immunization targets via email
within 90 days of the execution of the contract.
21. The CIB will maintain the LPHA Core Immunization Services FAQ
document to address questions regarding this project. The content of this
website is incorporated and made part of this contract by reference.
22. The Contractor shall utilize immunization strategies to address
underimmunization in populations as defined by CDPHE.
23. The Contractor shall review a list of strategies from Strate-ies to improve
Colorado vaccination rates. The content of this website is incorporated and
made part of this contract by reference.
24. The Contractor shall complete the electronic quarterly progress report due in
July as a non -reimbursable Deliverable.
Expected Results of
1. Immunizations are offered within the Contractor's jurisdiction.
Activity(s)
2. Immunizations are promoted within the Contractor's jurisdiction.
3. Immunizations are administered within the Contractor's jurisdiction.
Measurement of Expected
1. Data contained in the Immunization Rates Report.
Results
2. Data contained in the CDPHE MMR and DTaP Dashboard.
3. Data contained in quarterly progress reports.
Completion Date
Deliverables
1. For Contractors providing VFC vaccines, the
No later than 30
Contractor shall electronically submit signed VFC
business days
recertification packet and agreements.
following the receipt of
the recertification
packet
2. The Contractor shall submit an electronic quarterly
No later than 15
progress report using the Immunization Core Services
calendar days
Quarterly Progress Report.
following the last
calendar day of
September, December,
March and July
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Task Order Number: 2024*0026 Ver. 01.11.19
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EXHIBIT B
3. The Contractor shall submit immunization data for No later than seven (7)
all immunizations administered by the Contractor's days following vaccine
aaency to CIIS. administration
V. Monitoring:
CDPHE's monitoring of this contract for compliance with performance requirements will be conducted
throughout the contract period by the CDPHE Contract Monitor. Methods used will include a review of
documentation determined by CDPHE to be reflective of performance to include progress reports and other
fiscal and programmatic documentation as applicable. The Contractor's performance will be evaluated at
set intervals and communicated to the contractor.
VI. Resolution of Non -Compliance:
The Contractor will be notified in writing within 15 calendar days of discovery of a compliance issue.
Within 30 calendar days of discovery, the Contractor and the State will collaborate, when appropriate, to
determine the action(s) necessary to rectify the compliance issue and determine when the action(s) must be
completed. The action(s) and timeline for completion will be documented in writing and agreed to by both
parties. If extenuating circumstances arise that requires an extension to the timeline, the Contractor must
email a request to the CDPHE Contract Monitor and receive approval for a new due date. The State will
oversee the completion/implementation of the action(s) to ensure timelines are met and the issue(s) is
resolved. If the Contractor demonstrates inaction or disregard for the agreed upon compliance resolution
plan, the State may exercise its rights under the provisions of this contract.
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EXHIBIT C
To Original Contract Number: 2024*0026
Original Budget
Immunization Core Activities - Eagle
Federal Funds
$22,401.00
State Funds
$65,988.00
Total Amount
$88,389.00
Task Order Number: 2024*0026 Page 1 of 1
DocuSign Envelope ID:43724558-FB68-48DE-8910-6B4927CA61FC
Exhibit D
Federal Provisions - CDC-RFA-IP19-1901 Immunization and Vaccines for 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: Eagle County Public Health Agency
b. Subrecipient Unique Entity Identification Number:
• SAM Unique Entity ID (UEI): GDBIEPFH8JR9
c. The Federal Award Identification Number (FAIN) is NH23IP922600
d. The Federal award date is TBD.
e. The subaward period of performance start date is 07/01/2022 and end date is 06/30/2023.
f. Federal Funds:
Federal Budget Period
Total Amount of Federal
Funds Awarded
Amount of Federal Funds
Obligated to CDPHE
7/1 /2022 - 6/30/2024
$139,964,501.00
$6,215,817.00
g. Federal award title of project or program: Immunization and Vaccines for Children.
h. The name of the Federal awarding agency is: The Department of Health and Human
Services — Centers for Disease Control and Prevention and the contact information for the
awarding official is Hilary Oliphant, 4770 Buford Highway, Chamblee, GA 30341,770-
433-3973; 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
Heather Roth, 4300 Cherry Creek Drive South, A-3, Denver, Colorado 80246 303-692-
2289.
i. The Catalog of Federal Domestic Assistance (CFDA) number is # 93.268 and the grant name
is Immunization and Vaccines for 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.
1. 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.
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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.
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");
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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").
d. 42 U.S.C. 6101 et sue, 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.
1. 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).
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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
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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