Exhibit B - Additional Provisions.docx
DOCX document 58 KB Posted
- Attached to
- Spanish & Arabic Training Material Translation
- Solicitation number
- DQ1 QAAA 2026000263 2
- Issued by
- Arapahoe County, Colorado
About this file
This is an Exhibit B Additional Provisions document for a contract with the Colorado Department of Early Childhood (CDEC) for Spanish and Arabic Training Material Translation services. The contractor is required to provide services according to a Statement of Work (Exhibit A) and must achieve specified goals and objectives unless written modifications are provided by the state. The contractor must submit copies of any executed subcontracts to the state and participate in CDEC-sponsored meetings related to the contract. The contract term and renewal options are not specified in this provisions document, as those details would be contained in the primary contract agreement.
Payment shall be made on a fixed-price basis for services rendered, with invoices submitted monthly through the OnBase Invoice Submission Process no later than 30 days following the last day of the month, or within compressed timeframes for state fiscal year-end invoices. The total contract amount shall not exceed the budget specified in Exhibit B, and any costs exceeding the contracted amount will not be paid by CDEC; requests for additional funds must be submitted 60 days prior to fund depletion and require formal contract amendment approval. The contractor must maintain source documentation supporting all payment requests and is subject to offset of funds for overpayment or improper use. Additional requirements include completion of SAM.gov exclusion checks for all staff upon hiring and annually, compliance with mandatory reporter training for child abuse and neglect, adherence to accessibility standards, employment eligibility verification per Federal Acquisition Regulation requirements, and prohibitions on purchasing gift cards unless an approved waiver is obtained. If applicable as a sub-recipient of federal funds, the contractor must complete a sub-recipient performance report and assessment survey upon contract execution.
View the file
Other files
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
Exhibit B 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. |
| The Contractor shall submit requests for payment to the OnBase Invoice Submission Process no less than monthly on forms prescribed and provided by the State. |
Link to Frequently Asked Questions about the OnBase Invoice Submission Process.
Link to Vendor Invoice Guidance
a) Under this Contract, the Vendor shall submit their invoices by selecting [enter program]. Comment by Hurt,Genette: Modified 2/27/2025 - Enter the program as entered in OnBase:
Accounting Unit Analytics & Reporting Audit & Compliance Unit BITS - Business Innovation, Technology & Security BIU - Background Investigation Unit Budget Unit CBCAP - Community Based Child Abuse Prevention CC SUD - Child Care Substance Use Disorder CCCAP - Division of Colorado Child Care Assistance Program CCR - Colorado Community Response (discontinued) CCR&R - Child Care Resource & Referral CF - Child First Chief Product Officer COCAP - Colorado Child Abuse Prevention Trust Fund Communications Unit Contracts & Procurement Unit County Engagement and Economic Mobility DCFS - Division of Community and Family Support DECW - Division of Early Childhood Workforce DELLA - Division of Early Learning Licensing and Administration DMPG - Data management, Privacy and Governance Unit E&E - Emerging & Expanding Child Care EBCCFG - Employer Based Child Care Facility Grant ECC - Early Childhood Council ECCS - Early Childhood Comprehensive Systems ECLC - Early Childhood Leadership Commission ECMH - Early Childhood Mental Health Unit ECMHC-ECMH Consultation EDIA - Equity, Diversity, Inclusion & Accessibility EDO - Executive Director's Office EI - Early Intervention EIE - Early Intervention Evaluations ELAQ - Early Learning Access & Quality Unit Enterprise Application Technology Unit Enterprise Applications Operations Team Facilities & Operations Unit Family Engagement Fatherhood FC- Family Connects Finance Unit FRC - Family Resource Center FSPP - Family Support for Primary Prevention FSU - Family Strengthening Unit Head Start Healthy Steps HIPPY - Home Instruction for Parents of Preschool Youngsters Human Resources Unit IY - Incredible Years LCO- Local Coordinating Organizations Learning, Engagement & Development Unit Licensing MIECHV - Maternal Infant Early Childhood Home Visiting NHVP - Nurse Home Visitor Program OAS - Office of Administrative Solutions Office of Finance, Budget & Procurement OPD - Office of Program Delivery PACT - Partnerships, Alignments, and Collaboration Team PDG - Preschool Development Grant People Operations PLDU - Professional Learning & Design Unit Policy & Legislative Unit PSSF - Promoting Safe and Stable Families Quality RCPU - Registry & Career Pathways Unit SafeCare SSLU - Strategy & System Leadership Unit State & Community Partnerships Strategy Team UPP - Universal Preschool Program For technical issues please contact the OnBase Administrator at CDEC_OnBase_Admin@state.co.us.
For invoice issues, including but not limited to questions about which program to select or program manager emails to enter, please contact CDEC_Invoicing@state.co.us.
| Payment shall be made on a fixed price basis for services rendered. | |
| IT IS UNDERSTOOD ANY COSTS THAT EXCEED THE CONTRACTED AMOUNT SHALL NOT BE PAID BY COLORADO DEPARTMENT OF EARLY CHILDHOOD (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. | |
| Timely Invoicing - Invoices shall be submitted no later than 30 days following the last day of the month. | Comment by Hurt,Genette [2]: If terminating the contract, change this section to: Timely Invoicing - Invoices shall be submitted no later than 15 days following the execution of this Amendment by sending an email to CDEC_Invoicing@state.co.us. |
Remove the language that does not apply.
ADD THIS SECTION FOR STATE FISCAL YEAR CONTRACTS - 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 7th. Contractors who are unable to provide the invoice by July 7th shall notify the state of the amount to be booked as accounts payable by July 13th by sending an email to OnBase Invoice Submission Process. Final invoices for services prior to June 30th shall be submitted by September 14th. Invoices received after September 14th may not be paid. Comment by Hurt,Genette: 7/10/2025 - Changed dates from 7/5 to 7/7 for invoices for June 30th.
ADD THIS SECTION FOR FEDERAL FISCAL YEAR CONTRACTS - Final invoices for services provided in September shall be submitted no later than 30 days following the last day of the month.
ADD THIS SECTION FOR CALENDAR YEAR CONTRACTS - Final invoices for services provided in December shall be submitted no later than 30 days following the last day of the month.
| (CHECK TO MAKE SURE THERE ARE NOT ANY CONFLICTS IN THE CONTRACT REGARDING THE NUMBER OF DAYS THE INVOICE SHOULD BE SUBMITTED) | Comment by Hurt,Genette: If there are any conflicts - the Additional Provisions is the required timing. If we have request to increase the number of days for submitting an invoice or number of days for payment - these require Finance Approval. Please work with your supervisor. | |
| 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. | ||
| 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. | ||
| Advanced Payments | Comment by Hurt,Genette: Have to have a Fiscal Rule Waiver for Advanced payments to use. If you do not have the approved Fiscal Rule Waiver - please remove this provision. |
Contractor may request up to 25% of the allocated amount in Exhibit F for advanced payment by emailing their request to the Program Manager.
Advanced payments shall be reconciled monthly to ensure all funds are accounted for and spent appropriately.
Contractor shall submit backup documentation to support payments and reconciliation of advanced payments.
The final reimbursement invoice for the Universal Preschool Program shall include a reconciliation of advanced payment funds and actual reimbursement, to ensure that the reconciliation is considered in the final payment amount for the fiscal year.
Any remaining advanced funds at the end of the fiscal year shall be reverted back to the State.
| 5. OPTION LETTER | Comment by Hurt,Genette: Leave Option Letter Provisions a. and b. for Interagency Agreements only, remove if Personal Services Contract, Grant Agreement, Intergovernmental Agreement or Purchase Order. (The Option Letter provisions are already in the other templates and not in the IA template) |
| Option to Extend: The State, at its discretion, shall have the option to extend the performance under this Contract beyond the Initial Term for a period, or for successive periods, of 1 year or less at the same rates and under the same terms specified in the Contract (each such period an “Extension Term”). In order to exercise this option, the State shall provide written notice to Contractor in a form substantially equivalent to the Sample Option Letter attached to this Contract. The total duration of this Contract, including the exercise of any options under this clause, shall not exceed __ years. | |
| Option to Increase or Decrease: The State, at its discretion, shall have the option to increase or decrease the statewide quantity of Goods or Services based upon rates established in this Contract, and increase the maximum amount payable accordingly. In order to exercise this option, the State shall provide written notice to Contractor in a form substantially equivalent to the Sample Option Letter attached to this Contract. Delivery of Goods and performance of Services shall continue at the same rates and terms as described in this Contract. |
6. PARTICIPATION
| The Contractor representative(s) is required to participate in any Department of Early Childhood sponsored meetings related to this Contract. | ||
| 7. SUBRECIPIENT | Comment by Hurt,Genette [2]: If not a Subrecipient relationship, remove. | Comment by Hurt,Genette: Updated Link 9/17/2025 |
| Contractors determined to be a Sub-recipient of federal funds shall complete the sub-recipient performance report and assessment survey at: https://forms.gle/hmhn45MXfLJwV8LY6 upon Contract execution. Failure to complete the performance report and assessment survey shall delay payment to the Contractor. |
8. 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.
9. MANDATED REPORTING
| 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). | |
| 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. | |
| 10. GENERAL ACCOUNTING ENCUMBRANCE (GAE) | Comment by Hurt,Genette [2]: Use only if there is a Pooled GAE attached to this Contract/PO. |
If no GAE, please remove.
ENTER SPECIFIC INFORMATION REGARDING THE GAE FOR THIS CONTRACT/PURCHASE ORDER
Please refer to Page 1 for the amount available under the GAE for the current fiscal year. [DO NOT ENTER THE AMOUNT IN THIS SECTION]
| Payment to Contractor is made from available funds encumbered and shared across multiple Contractors. The State may increase or decrease the total funds encumbered at its sole discretion and without formal notice to Contractor. No minimum payment is guaranteed to Contractor. The liability of the State for such payments is limited to the encumbered amount remaining of such funds. |
| Invoices shall be submitted separately for pre-approved expenditures. |
The Contractor shall submit requests for payment to OnBase Invoice Submission Process.
11. CYBER/NETWORK SECURITY AND PRIVACY LIABILITY (REPLACES CONTRACT VERSION 4.07 PAGE 15 SECTION 10(G)) Comment by Hurt,Genette: Have to have approval from State Risk Management to use this provision. If you do not have this approval, please remove this provision.
Make sure the reference is correct compared to the original contract/agreement.
Notwithstanding any language to the contrary contained within this Agreement, Liability insurance covering civil, regulatory, and statutory damages, contractual damages, data breach management exposure, and any loss of income or extra expense as a result of actual or alleged breach, violation, or infringement of right to privacy, consumer data protection law, confidentiality, or other legal protection for personal information, as well as State Confidential Information with minimum limits as follows:
$1,000,000 each occurrence; and $2,000,000 general aggregate.
Notwithstanding sections (i) and (ii) above, if Contractor has State Confidential Information for 10 or fewer individuals or revenues of $250,000 or less, Contractor shall maintain limits of not less than $50,000.
Notwithstanding sections (i) and (ii) above, if Contractor has State Confidential Information for 25 or fewer individuals or revenues of $500,000 or less, Contractor shall maintain limits of not less than $100,000.
12. GIFT CARDS Comment by Hurt,Genette: Only one set of Gift Card Provisions should be included in the Contract/Agreement.
The first option is used for all Contracts/Agreements unless there is an approved Gift Card Waiver from CDEC. If there is an approved Gift Card Waiver - remove this section.
| The second option should only be used when there is an approved Gift Card Waiver from CDEC. If there is not an approved Gift Card Waiver - remove this section. | Comment by Hurt,Genette: 6/5/2025 - Added "CDEC Policy and" |
| To comply with CDEC policy and federal guidelines, purchasing gift cards with funds from CDEC grant funds is not allowed. Please see Code of Federal Regulations (CFR) citations 45CFR75.406 and 45CFR75.302.A for more information. |
13. GIFT CARDS
| The Distribution of Gift Cards, where applicable, shall adhere to the following: | |
| The Contractor agency must have a written Gift Card Distribution Policy in place and this plan must be approved by the Department of Early Childhood before gift cards may be purchased. The policy must include maintaining an audit log of gift card purchases and disbursements and a process for routine reconciliations. | |
| The Contractor agency’s gift card policy must ensure that gift cards cannot be redeemed for cash and must restrict the recipient from using gift cards for alcohol, firearms, tobacco, lottery tickets, or entertainment. | |
| Gift Cards must be distributed to recipients within five (5) business days of purchase. | |
| Gift Cards should be given at the conclusion of an event or upon completion of an activity or milestone. | |
| Contractor agency staff shall have recipients sign a form that includes the following: Date, Name of Gift Card Recipient, Purpose of Gift Card, Signature of Gift Card recipient acknowledging receipt of Gift Card and Gift Card Amount. | |
| The Contractor cannot request reimbursement for the cost of gift cards until distribution of the gift cards has been made to recipients. Additionally, the Contractor must maintain adequate documentation to show a record of all gift card distributions. | |
| The Contractor shall be held responsible for inappropriate use of gift cards. | |
| 14. SAM.GOV REQUIREMENT | Comment by Hurt,Genette: 6/5/2025 - Same for all contractual agreements going forward regardless of funding source. |
| 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) § 376.147 and 42 CFR part 1001, which clarifies that this applies to individuals and entities. | |
| 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. | |
| 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. |
15. ACCESSIBILITY REQUIREMENTS.
| All work performed must comply with all applicable provisions of §24-85-101, of the Colorado Revised Statutes (C.R.S.), et seq., and the Accessibility Standards for Individuals with a Disability, as established by the Office Of Information Technology (OIT) pursuant to §24-85-103 (2.5), C.R.S. and all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards. https://oit.colorado.gov/standards-policies-guides/technical-standards-policies. | ||
| 16. EMPLOYMENT ELIGIBILITY VERIFICATION | Comment by Hurt,Genette: Added 3/20/2025 - This is for use for contracts that have federal funds or any kind of SLFRF funds (not General Funds or Cash Funds). | |
| Contractor/Grantee shall comply with the Federal Acquisition Regulation (FAR) regarding Employment Eligibility Verification located at https://www.acquisition.gov/far/subpart-22.18 for all contracts/agreements funded using federal funds. | ||
| 17. | NOTICE TO VENDOR REGARDING PROHIBITED TERMS PER COLORADO REVISED STATUTES | Comment by Hurt,Genette: 5/5/2025 - Please use this section for Purchase Orders or Contracts where negotiations have been completed and there are still prohibited terms in the Vendor’s Terms and Conditions. |
| As of August 9, 2017, the Colorado Procurement Modernization Act is in effect. As a result, the following terms for all existing and future contracts will be void as a matter of law under Colorado Revised Statute 24-106-109: |
Any term that requires the State to indemnify or hold harmless the vendor or a 3rd party.
Any term that requires the State to agree to binding arbitration or any other binding extra-judicial dispute resolution process.
Any limitation of liability that includes bodily injury, death or damage to tangible property.
Any term that requires legal disputes to be handled by any laws other than those of the state of Colorado. All contracts shall be governed by Colorado law.
All contracts containing these terms shall otherwise be enforceable as if they did not contain such terms.
Please feel free to contact Shayne Cumine, CDEC Procurement and Contract Director or The State Purchasing and Contracts Office if you have any questions.
Page 2 of 4 Ex_AddProv_K-IA-IG-PO FixPrice_9-25A image1.png
File details come from the government source that posted it. Updated .