Exhibit D - Additional Provisions.pdf

Exhibit D

Page 1 of 6 Ex_AddProv_PSSF_CostReim_10-25A

Additional Provisions

ABBREVIATIONS

• C.R.S. – Colorado Revised Statutes

• 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

• SAM.gov – System for Award Management

• SOW – Statement of Work

• U.S.C. – United States Code

• WCAG – Web Content Accessibility Guidelines

1. SERVICE PROVISIONS

A. 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 Agreement. In the event of a conflict, the terms and conditions of this Grant Agreement shall control over the SOW. Any significant changes to the SOW require an amendment to the Grant Agreement.

2. GOALS AND OBJECTIVES

A. The Grantee shall be responsible for the achievement of any goals and objectives as specified within the SOW (EXHIBIT A) of this Grant Agreement 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 Agreement.

3. COPY OF SUBCONTRACT

A. 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 Agreement.

Subcontracts shall be emailed to the CDEC Representative upon execution.

4. PAYMENT

A. 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 Grant Agreement, the State shall pay to the Grantee an

Page 2 of 6 Ex_AddProv_PSSF_CostReim_10-25A amount not to exceed the amount specified in the Budget (EXHIBIT B), of this Grant Agreement.

B. The Grantee shall submit requests for payment to the OnBase Invoice Submission Process no less than monthly on forms prescribed and provided by the State.

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

ii. Link to Vendor Invoice Guidance

a) Under this Grant Agreement, the Vendor shall submit their invoices by selecting PSSF - Promoting Safe and Stable Families.

iii. For technical issues please contact the OnBase Administrator at CDEC_OnBase_Admin@state.co.us.

iv. 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.

C. Payment shall be made on a cost reimbursement basis for services rendered. Advances shall not be approved except in documented situations of cash flow emergency, for a specified term, with the prior written approval of the State, and in accordance with State fiscal rules and procedures.

D. 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 Grantee. ANY COST SAVINGS THAT ARE REDISTRIBUTED BY GRANTEE

WITHOUT WRITTEN APPROVAL SHALL NOT BE REIMBURSED BY THE STATE.

E. IT IS UNDERSTOOD ANY COSTS THAT EXCEED THE GRANTED AMOUNT SHALL NOT BE PAID

BY CDEC. If Grantee has a legitimate need for additional funds, the Grantee shall request additional funds from the CDEC 60 days prior to projected depletion of granted funds.

CDEC shall review each request and notify Grantee in writing of approval or denial.

Approval of additional funds shall require an official modification to the Grant Agreement by Amendment or Option Letter.

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

Final invoices for services provided in September shall be submitted no later than 30 days following the last day of the month.

G. The Grantee shall maintain source documentation to support all payment requested pursuant to this Grant Agreement. All source documentation shall be provided to the State by the Grantee upon request.

H. It is understood that the State reserves the right to offset funds pursuant to this Grant Agreement based on the discovery of overpayment or improper use of funds by the https://oitco.hylandcloud.com/UnityForm/UnityForm.aspx?d1=AVqisx%2fiaEsGLJLBOFRVK0K7QzF8aRlejwPB6yPMe3TUjP6csr03Pa1G9mwbpWkDpM6RWaA0ccDHUI%2fRwDubU1KwTrEK9POX7PoJE9hSaQNcMBmnwSIXtT1uuLuVu18%2bwvhm%2bs77vFsa4QBHD9tHyyDm%2fWSYuc29CN5sJxkHb9BYtayvBS5E3kVAX%2bQhVFDvvj8ZnW92tfAbCo3Sb%2fowh2PNrRQ4Y1SlSoVG38sH1EtLvScc9IR%2fFTR%2fBxME2QcFyA%3d%3d https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_document_d_1lIHUeUJ2txwPWbTrz81PO9fgxjpHKECFv3igR0yykHA_edit&d=DwMFaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=kPKo7dmQh923T8bH8Y7XgtJAvc2lZ8Hilwk2FbfBTR4&m=pjnizxzlbAw62WFAmjegM3ZVapv4VzF3OjTxUdvUWSgo8xTcXqozLvHBfHN_am7D&s=W2H__7pgMHhlm1da8eo4GcfD3s9GBeysLRvZu4wzNQ8&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_presentation_d_1zMHa-2Duhc3H-2DG9vJaVYeS8lytWXODbEhQ9lCIw7aEfqE_edit-23slide-3Did.g2070c1e8bff-5F2-5F56&d=DwMFaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=kPKo7dmQh923T8bH8Y7XgtJAvc2lZ8Hilwk2FbfBTR4&m=pjnizxzlbAw62WFAmjegM3ZVapv4VzF3OjTxUdvUWSgo8xTcXqozLvHBfHN_am7D&s=MHh43Ziftwki9rJl4X2xe6xXuh0JDJvqE3O_URPFIk8&e= mailto:CDEC_OnBase_Admin@state.co.us mailto:CDEC_Invoicing@state.co.us

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Grantee. Overpayment or improper use of funds is interpreted to apply to specific terms of prior year Grant Agreements and includes without limitation requirements of the GAAP issued by the American Institute of Certified Public Accountants, and applicable sections of the Colorado Revised Statutes.

I. The State shall review monthly invoices throughout the fiscal year. If, after a number of months, the State determines the Grantee is not needing/using the funding allocated for the Grantee’s work in the Grant Agreement, the State shall remove these funds from the Grant Agreement budget by Option Letter for a proportional reduction of services with prior written notification to the Grantee. This provision does not allow for a reduction in the rate of pay. Additionally, the state shall have the ability to issue this option letter for a reduction, allowing the vendor to submit a revised budget for CDEC approval that aligns with the reduction within 30 days.

5. PARTICIPATION

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

6. SUPPLANTING

A. 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

A. Grantee may request in writing adjustments to the direct costs in the current year budget (EXHIBIT B) not to exceed 15% 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 Grant Agreement budget cannot be changed as a result of the budget revision request. Budget adjustment requests over 15%, adding new expense lines, and/or changes to the total dollar amount of the budget require a formal amendment or option letter. No adjustments to the Indirect Costs portion of the budget are allowable without a formal amendment or option letter.

B. Grantee 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 Grant Agreement 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 or option letter to the Grant Agreement.

Vacancy savings cannot be used to change salary amounts for existing personnel without an amendment or option letter. Any change to personnel, including revisions to allow payments for personnel covering vacancies, requires prior written approval from CDEC staff. This process shall never change the Grant Agreement Maximum Amount. Grantee must use available unused funds from either vacancy savings or another category within

Page 4 of 6 Ex_AddProv_PSSF_CostReim_10-25A the Grant Agreement. The revision request may not at any time compromise the integrity of the funded program as determined by CDEC program staff.

C. OPTION LETTER

i. Option Letter to modify existing State Grant Agreement or Grant Rates as listed in the executed Grant Agreement as follows:

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

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

B. Mileage shall not exceed the Federal mileage rate per https://www.gsa.gov/travel-resources.

C. Per Diem shall not exceed Federal GSA per diem rates for the area of travel per https://www.gsa.gov/travel-resources.

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

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

9. DATA COLLECTION

A. The Grantee shall participate in reporting designated outcome measures. The required data shall be entered into an approved CDEC database no later than five (5) working days after completion of task/service or activity supported by PSSF funds.

10. REPORTING REQUIREMENTS

A. The Grantee is required to submit quarterly programmatic reports and year end progress reports. Reports must be submitted to CHDS four times per year on the federal fiscal year calendar. The first report is due on the last business day of July. The second report is due on the last business day of October. The third report is due on the last business day of January and the final report is due on the last business day of April each year.

https://www.gsa.gov/travel-resources https://www.gsa.gov/travel-resources https://www.gsa.gov/travel-resources

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11. SUBRECIPIENT

A. 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.

12. CRITICAL INCIDENT REPORTING

A. 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.

13. 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 CDHS Child Welfare Training System: https://www.coloradocwts.com/mandated-reporter-training.

14. GIFT CARDS

A. To comply with CDEC policy and federal guidelines, purchasing gift cards with funds from CDEC Grant Agreement funds is not allowed. Please see 45 CFR 75.406 and 45 CFR 75.302.A for more information.

15. ACCESSIBILITY REQUIREMENTS.

A. All work performed must comply with all applicable provisions of §24-85-101 C.R.S., et seq., and the Accessibility Standards for Individuals with a Disability, as established by the 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 WCAG, incorporated in the State of Colorado technology standards.

https://oit.colorado.gov/standards-policies-guides/technical-standards-policies.

16. SAM.GOV REQUIREMENT

https://forms.gle/hmhn45MXfLJwV8LY6 https://www.coloradocwts.com/mandated-reporter-training https://www.coloradocwts.com/mandated-reporter-training https://oit.colorado.gov/standards-policies-guides/technical-standards-policies

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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 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. Grantee 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.

17. EMPLOYMENT ELIGIBILITY VERIFICATION

A. Contractor/Grantee shall comply with the FAR regarding Employment Eligibility Verification located at https://www.acquisition.gov/far/subpart-22.18 for all contracts/agreements funded using federal funds.

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-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= https://www.acquisition.gov/far/subpart-22.18