AppxF_CDEC_CW_AddProv_CostReim_2023-09-12.pdf

Exhibit C

Page 1 of 4 Revision Date 09/12/2023

ADDITIONAL PROVISIONS

1. SERVICE PROVISIONS

The Contractor shall provide the services according to the plans submitted in the “Statement of Work”, attached and incorporated herein by this reference as EXHIBIT A. In all cases, the descriptions, plans, timetables, tasks, duties, and responsibilities of the Contractor as described in the Statement of Work, shall be adhered to in the performance of the requirements of this contract. In the event of a conflict, the terms and conditions of this contract shall control over the Statement of Work. Any significant changes to the Statement of Work (SOW) require an amendment to the contract.

2. GOALS AND OBJECTIVES

The Contractor shall be responsible for the achievement of any goals and objectives as specified within the Statement of Work (EXHIBIT A) of this contract unless written notice of any modifications are furnished by the State to the Contractor allowing adequate time for compliance during the term of this contract.

3. COPY OF SUBCONTRACT

The Contractor shall provide to the State a copy of any executed subcontract between the Contractor and any provider of services to fulfill any requirements of this contract. Subcontracts shall be emailed to the Contract Representative upon execution.

4. PAYMENT

In consideration of the provision of services and reporting and subject to all payment and price provisions and further subject to verification by the State of full and satisfactory compliance with the terms of this contract, the State shall pay to the Contractor an amount not to exceed the amount specified in the Budget (EXHIBIT B), of this contract.

A. The Contractor shall submit requests for payment to CDEC_Invoicing@state.co.us no less than monthly on forms prescribed and provided by the State.

B. Payment shall be made on a cost reimbursement basis for services rendered.

C. It is understood any vacancy savings in the personnel category and/or any savings in any other category shall require written approval from the State prior to any redistribution of any savings by the Contractor.

ANY COST SAVINGS THAT ARE REDISTRIBUTED BY CONTRACTOR WITHOUT WRITTEN

APPROVAL SHALL NOT BE REIMBURSED BY THE STATE.

D. IT IS UNDERSTOOD ANY COSTS THAT EXCEED THE CONTRACTED AMOUNT SHALL NOT

BE PAID BY CDEC. If Contractor has a legitimate need for additional funds, the Contractor shall request additional funds from the CDEC 60 days prior to projected depletion of contracted funds. CDEC shall review each request and notify Contractor in writing of approval or denial. Approval of additional funds shall require an official modification to the Contract by Amendment or Option Letter.

E. Timely Invoicing - Invoices shall be submitted no later than 30 days following the last day of the month.

End of State Fiscal Year invoices are on a compressed timeframe. Invoices for all services provided prior to June 30th shall be invoiced by July 5th. Contractors who are unable to provide the invoice by July 5th shall notify the state of the amount to be booked as accounts payable by July 13th by sending an email to mailto:CDEC_Invoicing@state.co.us

Page 2 of 4 Revision Date 09/12/2023

CDEC_Invoicing@state.co.us. Final invoices for services prior to June 30th shall be submitted by September 14th. Invoices received after September 14th may not be paid.

F. The Contractor shall maintain source documentation to support all payment requested pursuant to this contract. All source documentation shall be provided to the State by the Contractor upon request.

G. It is understood that the State reserves the right to offset funds pursuant to this contract based on the discovery of overpayment or improper use of funds by the Contractor. Overpayment or improper use of funds is interpreted to apply to specific terms of prior year contracts, and includes without limitation requirements of the Generally Accepted Accounting Principles (GAAP) issued by the American Institute of Certified Public Accountants, and applicable sections of the Colorado Revised Statutes.

H. The State shall review monthly invoices throughout the fiscal year. If, after a number of months, the State determines the Contractor is not needing/using the funding allocated for the Contractor’s work in the Contract, the State shall remove these funds from the contract budget by Option Letter for a proportional reduction of services with prior written notification to the Contractor. This provision does not allow for a reduction in the rate of pay.

5. PARTICIPATION

The Contractor representative(s) is required to participate in any Department of Early Childhood sponsored meetings related to this contract.

6. SUPPLANTING

Payments made to the Contractor under this contract shall supplement and not supplant other state, local or federal expenditures for services associated with this contract.

7. BUDGET CHANGES

Contractor may request in writing adjustments to the direct costs in the current year budget (EXHIBIT B) not to exceed 10% of the total budget. Requests shall be made in the form of a written budget revision request to the appropriate program staff. Written approval for the budget revision shall be required prior to any changes to the budget related to the budget revision request. The total dollar amount of the contract budget cannot be changed as a result of the budget revision request. Budget adjustment requests over 10%, adding new expense lines, and/or changes to the total dollar amount of the budget require a formal amendment. No adjustments to the Indirect Costs portion of the budget are allowable without a formal amendment.

Contractor may request in writing up to a 5% increase to the "Gross or Annual Salary" of an individual employee if a position currently listed in the contract becomes vacant and the new incoming employee shall be hired at a higher or lower salary. No increase within the salary range is authorized without prior written approval from CDEC. Adding additional staff requires an amendment to the contract. Vacancy savings cannot be used to change salary amounts for existing personnel without an amendment. Any change to personnel requires prior written approval from CDEC staff. This process shall never change the Contract Maximum Amount. Contractor must use available unused funds from either vacancy savings or another category within the contract. The revision request may not at any time compromise the integrity of the funded program as determined by CDEC program staff.

mailto:CDEC_Invoicing@state.co.us

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8. TRAVEL

Travel costs must be listed in Exhibit B – Budget under travel including airfare, hotel, mileage and per diem costs.

A. Mileage shall not exceed the State mileage rate per https://www.colorado.gov/pacific/osc/travel-fiscal-rule.

B. Per Diem shall not exceed the State per diem rate for the area of travel per https://www.colorado.gov/pacific/osc/travel-fiscal-rule.

C. Hotel rates cannot exceed any rate established for conference attendance.

D. Usage of airfare or Out of State Travel requires pre-approval from CDEC.

9. CRITICAL INCIDENT REPORTING

Within 48 hours of the occurrence of a critical incident involving any child or family and/or an on duty agency staff member of any family support program staff funded through the Department of Early Childhood (CDEC), the agency must report in writing the details of the critical incident to the CDEC Program Manager for the involved family support program. Critical incidents may include, but are not limited to, awareness of an egregious incident of abuse and/or neglect, near fatality, or fatality of any child currently enrolled in a family support program; involuntary termination of a program staff’s employment; criminal allegations involving program staff and related to his/her employment; negative media attention about the family support program;

any major injury or threat to the security of an agency staff member while on duty and visiting an enrolled child or family.

10. MANDATED REPORTING

A. All program staff are required by law to report suspected child abuse and neglect. Mandatory reporters must report suspected child abuse and neglect to the local county child welfare agency, the local law enforcement agency, or by calling the child abuse reporting hotline system at 1-844-CO-4KIDS (1-844- 264-5437).

B. All program staff are required to take the online mandatory reporter training on the Colorado Department of Human Services (CDHS) Child Welfare Training System: https://www.coloradocwts.com/mandated-reporter-training.

11. GIFT CARDS

A. To comply with federal guidelines, purchasing gift cards with funds from CDEC contract funds is not allowed. Please see citations 45CFR75.406 and 45CFR75.302.A for more information.

12. SAM.GOV REQUIREMENT FOR STATE FUNDED CONTRACTS

A. Individuals who are excluded from participation in federal health care programs are also prohibited from participating in federal government procurement and non-procurement programs according to title 2 of https://www.coloradocwts.com/mandated-reporter-training https://www.coloradocwts.com/mandated-reporter-training https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ecfr.gov_current_title-2D45_subtitle-2DA_subchapter-2DA_part-2D75_subpart-2DE_subject-2Dgroup-2DECFRffa2eaa9f93be60_section-2D75.406&d=DwMFaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=lzs8DRZqXEn0huZjyFq6Rw9rUb81AgjeHOQChbBOv1I&m=2_HodKLyq3wZAOhU0I5_xQTQ5YGbAlQRKPqQ6ZfitSFJs7yj5zINKWJy3ub3LInu&s=AWpuveYehnb630Hxa2a_58EkI_RFvLMIeEq3YGIj9VM&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ecfr.gov_current_title-2D45_subtitle-2DA_subchapter-2DA_part-2D75_subpart-2DD_subject-2Dgroup-2DECFR911e5e1a30bfbcb_section-2D75.302&d=DwMFaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=lzs8DRZqXEn0huZjyFq6Rw9rUb81AgjeHOQChbBOv1I&m=2_HodKLyq3wZAOhU0I5_xQTQ5YGbAlQRKPqQ6ZfitSFJs7yj5zINKWJy3ub3LInu&s=7xXbH47WRuQgzSsl9zB1gzol5_LFMJ3iaEl4mE-7PEo&e=

Page 4 of 4 Revision Date 09/12/2023 the Code of Federal Regulations (CFR) § 376.147 and 42 CFR part 1001, which clarifies that this applies to individuals and entities.

B. Any individual or entity excluded from participation in Medicare, Medicaid, and other Federal health care programs under Title XI of the Social Security Act, 42 U.S.C. 1320a-7, 1320a-7a, 1320c-5, or 1395ccc, and implementing regulation at 42 CFR part 1001, will be subject to the prohibitions against participating in covered transactions, as set forth in this part and part 180, and is prohibited from participating in all Federal Government procurement programs and non-procurement programs.

C. Contractor shall have a formal written policy regarding SAM.gov checks for all staff upon hiring and not less than annually including procedures for maintaining records of the evidence of this check.

https://www.ecfr.gov/current/title-2/subtitle-B/chapter-III/part-376/subpart-A/section-376.147 https://www.ecfr.gov/current/title-42/chapter-V/subchapter-B/part-1001 https://urldefense.proofpoint.com/v2/url?u=https-3A__www.govinfo.gov_link_uscode_42_1320a-2D7&d=DwMFaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=X46VVACXwHXyD6ZAdD62D_MmJjRFsYue154qzBt2yt0&m=3JAB7uUVXTn-rbtntQvHyHROWjOMJA1y585zdei6qfriNt8f4V-kgOcaiBkH1qc2&s=1Mhd3WFCVPk9tG4cvsTPFKEi_ovtwfcpIYf48-2lWPg&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__www.govinfo.gov_link_uscode_42_1320a-2D7a&d=DwMFaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=X46VVACXwHXyD6ZAdD62D_MmJjRFsYue154qzBt2yt0&m=3JAB7uUVXTn-rbtntQvHyHROWjOMJA1y585zdei6qfriNt8f4V-kgOcaiBkH1qc2&s=Flk-3ebCR9FA8IsWIq-jvSMO_OyYchwrDXWA3XUe9i8&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__www.govinfo.gov_link_uscode_42_1320c-2D5&d=DwMFaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=X46VVACXwHXyD6ZAdD62D_MmJjRFsYue154qzBt2yt0&m=3JAB7uUVXTn-rbtntQvHyHROWjOMJA1y585zdei6qfriNt8f4V-kgOcaiBkH1qc2&s=_40eTd6CnZ-9EHIwuy_hntX55d8IddV3NyMtukV-xyE&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__www.govinfo.gov_link_uscode_42_1395ccc&d=DwMFaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=X46VVACXwHXyD6ZAdD62D_MmJjRFsYue154qzBt2yt0&m=3JAB7uUVXTn-rbtntQvHyHROWjOMJA1y585zdei6qfriNt8f4V-kgOcaiBkH1qc2&s=DzJKdCSmsdm5eH9X9PIEc-nkY8Zvfy8IPH0RLhqMd44&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ecfr.gov_current_title-2D42_part-2D1001&d=DwMFaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=X46VVACXwHXyD6ZAdD62D_MmJjRFsYue154qzBt2yt0&m=3JAB7uUVXTn-rbtntQvHyHROWjOMJA1y585zdei6qfriNt8f4V-kgOcaiBkH1qc2&s=vWTGF37kWngpn-cGk1YSxRN-3NxyL3b-ViTODee-O8A&e=

A. Individuals who are excluded from participation in federal health care programs are also prohibited from participating in federal government procurement and non-procurement programs according to title 2 of the Code of Federal Regulations (CFR) § 37...