Exhibit D - Additional Provisions.docx

Exhibit C Additional Provisions

ABBREVIATIONS

· C.R.S. – Colorado Revised Statutes Comment by Hurt,Genette: If these abbreviations are not remaining after making any updates as needed, please review the corresponding abbreviation.

Examples:

- No GAE section - remove GAE from abbreviations.

- No SLFRF contract change - remove SLFRF.

- No Mandatory Reporting - remove CDHS

- No Employment Eligibility Verification, remove FAR.

· CDEC – Colorado Department of Early Childhood

· CDHS – Colorado Department of Human Services

· CFR – Code of Federal Regulations

· FAR - Federal Acquisition Regulation

· GAAP - Generally Accepted Accounting Principles

· GAE – General Accounting Encumbrance

· GSA – Federal General Services Administration

· OIT – Governor’s Office of Information Technology

· SLFRF – State and Local Fiscal Recovery Funds

· SOW – Statement of Work

· U.S.C. – United States Code

· WCAG – Web Content Accessibility Guidelines

1. SERVICE PROVISIONS

The Grantee 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 Grantee as described in the SOW, shall be adhered to in the performance of the requirements of this Grant. In the event of a conflict, the terms and conditions of this Grant shall control over the SOW. Any significant changes to the SOW require an amendment to the Grant.

2. GOALS AND OBJECTIVES

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

3. COPY OF SUBCONTRACT

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

4. PAYMENT

Link to Frequently Asked Questions about the OnBase Invoice Submission Process.

Link to Vendor Invoice Guidance

a) Under this Grant Agreement, 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 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 Nurturing Connections Colorado 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.

Remove the language that does not apply.

ADD THIS SECTION FOR STATE FISCAL YEAR GRANT AGREEMENTS - 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. Grantees 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.

ADD THIS SECTION FOR FEDERAL FISCAL YEAR GRANT AGREEMENTS - 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 GRANT AGREEMENTS - Final invoices for services provided in December shall be submitted no later than 30 days following the last day of the month.

Grantee 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.

Grantee 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. PARTICIPATION

The Grantee representative(s) is required to participate in any CDEC sponsored meetings related to this Grant Agreement.

6. SUPPLANTING

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

7. BUDGET CHANGES

For the Exhibit - If the original contract was the Contract Wizard, it was referenced in the original contract at the end (no exhibit or section number). Reference as Page x of the original contract.

If there is a sample option letter exhibit, you would reference that exhibit as usual.

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 Grant Agreement, and increase the maximum amount payable accordingly. In order to exercise this option, the State shall provide written notice to Grantee in a form substantially equivalent to the Sample Option Letter attached to this Grant Agreement. Delivery of Goods and performance of Services shall continue at the same rates and terms as described in this Grant Agreement.

Option Letter to modify existing State Grant Agreement Rates as listed in the executed Grant Agreement as follows: Comment by Hurt,Genette: Added 2/27/2025

a) The State, at its discretion, shall have the option to revise the budget over 15% to correct typographical errors; add or remove lines within the budget; increase gross or annual salary of positions listed under Personnel; revisions to personnel; changes between lines of the budget that exceed 15%; and changes to negotiated indirect rates through an Option Letter. In order to exercise this option, the State shall obtain an email agreeing to the changes and follow up with written notice to Grantee in a form substantially equivalent to the Sample Option Letter attached to this Grant Agreement, and any new rates table or exhibit shall be effective as of the effective date of that notice unless the notice provides for a different date.

b) The Option Letter shall not be allowed for changes in the SOW.

8. TRAVEL

9. SUBRECIPIENT

Grantees 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 Grant Agreement execution. Failure to complete the performance report and assessment survey shall delay payment to the Grantee.

10. 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 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.

11. MANDATED REPORTING

If no GAE, please remove.

ENTER SPECIFIC INFORMATION REGARDING THE GAE FOR THIS GRANT AGREEMENT/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]

The Grantee shall submit requests for payment to OnBase Invoice Submission Process.

13. CYBER/NETWORK SECURITY AND PRIVACY LIABILITY (REPLACES GRANT AGREEMENT 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 Grantee has State Confidential Information for 10 or fewer individuals or revenues of $250,000 or less, Grantee shall maintain limits of not less than $50,000.

Notwithstanding sections (i) and (ii) above, if Grantee has State Confidential Information for 25 or fewer individuals or revenues of $500,000 or less, Grantee shall maintain limits of not less than $100,000.

14. 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.

15. GIFT CARDS

Also, do Individuals and Sole Proprietors need a UEI number?

Please advise.

Would do the Amendment adding the following language to the Modification Section of the Amendment:

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.

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