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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS (“BOCC”) OF PITKIN COUNTY, COLORADO APPROVING A CONTRACT AMENDMENT WITH THE COLORADO DEPARTMENT OF HUMAN SERVICES, BEHAVIORAL HEALTH ADMINISTRATION, PROVIDING FUNDING FOR JAIL-BASED BEHAVIORAL SERVICES
RESOLUTION NO. 039-2023
RECITALS
WHEREAS, Pursuant to Section 2.8.3 (Actions) of the Pitkin County Home Rule Charter (“HRC”) official action by formal resolution shall be required for all actions of the Board
not requiring ordinance power on matters of significant importance affecting citizens, and;
WHEREAS, The Colorado Department of Human Services, Behavioral Health Administration through funds authorized by the Colorado General Assembly (SB 12-163), intends to continue funding the Jail Based Behavioral Health Services Program (“JBBS”),
and;
WHEREAS, The goal of the (JBBS) program is to support County Sheriffs in providing screening, assessment and treatment for offenders (over the age of 18 years) with substance use disorders (SUD) and co-occurring substance use and mental health disorders, as well as
transition case management services, and;
WHEREAS, On May 25, 2022, the BOCC adopted Resolution No. 033-2022 approving a contract with the Colorado Department of Human Services, Office of Behavioral health, Providing funding for Jail Based Behavioral Services in the amount of $198,850.00 for the
use and benefit of the Pitkin County Sheriff’s Department, and;
WHEREAS, The Department of Human Services has awarded an additional 100% grant to Pitkin County with specific conditions contained in the amended contract attached hereto as Exhibit A, in the amount of $206,350.00, and;
WHEREAS, The BOCC finds that it is in the best interests of the citizens of Pitkin County to approve this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that it hereby adopts a Resolution of the Board of County
Commissioners of Pitkin County, Colorado, on behalf of the Pitkin County Sheriff’s Office, Approving a Contract with the Colorado Department of Human Services, Behavioral Health Administration, Providing Funding for Jail-Based Behavioral Services and authorizes the Chair to sign the Resolution and upon the satisfaction of the County Attorney as to form,
execute any other associated documents necessary to complete this matter.
Contract No. 184-2023
Attached
2
INTRODUCED AND FIRST READ ON THE 24TH DAY OF MAY, 2023 AND SET
FOR SECOND READING AND PUBLIC HEARING ON THE 14TH DAY OF JUNE 2023. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN DAILY NEWS ON THE 1ST DAY OF
JUNE, 2023. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com )
ON THE 1ST DAY OF JUNE 2023.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 14TH DAY OF JUNE 2023.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com ) ON THE 15TH DAY OF JUNE 2023. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN DAILY NEWS ON THE 22ND DAY OF JUNE, 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By _________________________ By: _____________________________ Julia Ely Francie Jacober, Chair Deputy County Clerk
Date: ______________ APPROVED AS TO FORM: MANAGER APPROVAL
___________________________ _________________________________ Richard Neiley, Asst. County Attorney Phylis Mattice for Jon Peacock, County Manager
Jun-15-2023
Amendment Contract Number: 24 IBEH 181983 Page 1 of 3 Rev. 1/14/19
CONTRACT AMENDMENT #1
SIGNATURE AND COVER PAGE
State Agency Colorado Department of Human Services Behavioral Health Administration
Original Contract Number 23 IBEH 174473
Contractor Pitkin County Colorado for the use and benefit of Pitkin County Sheriff's Department
Amendment Contract Number 24 IBEH 181983
Current Contract Maximum Amount Initial Term Contract Performance Beginning Date July 1, 2022
State Fiscal Year 2023 $198,850.00
Extension Terms Current Contract Expiration Date June 30, 2024 State Fiscal Year 2024 $206,350.00
*Any amount paid as a result of HoldoverLetter 24 IBEH 183466 prior to executionof this Amendment shall be deducted fromContract Maximum Amount.
Total for All State Fiscal Years $405,200.00
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment and to bind the Party authorizing his or her signature.
CONTRACTOR Pitkin County Colorado for the use and benefit of Pitkin County Sheriff's Department
______________________________________________ By: Francie Jacober, Chair, Board of County Commissioners
Date: _________________________
STATE OF COLORADO Jared Polis, Governor Colorado Department of Human Services Michelle Barnes, Executive Director
______________________________________________ By: , Behavioral Health Administration
Date: _________________________
In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State Controller or an authorized delegate.
STATE CONTROLLER Robert Jaros, CPA, MBA, JD
By:___________________________________________ Andrea Eurich / Toni Williamson
Amendment Effective Date:_____________________
DocuSign Envelope ID: 9AF7430C-C209-4623-9E72-48F831700BED
6/24/2023
6/28/2023
Acting CommissionerSummer Gathercole
6/29/2023
Contract No. 184-2023
Amendment Contract Number: 24 IBEH 181983 Page 2 of 3 Rev. 1/14/19
1.PARTIES
This Amendment (the “Amendment”) to the Original Contract shown on the Signature and CoverPage for this Amendment (the “Contract”) is entered into by and between the Contractor, and theState.
2.TERMINOLOGY
Except as specifically modified by this Amendment, all terms used in this Amendment that are
defined in the Contract shall be construed and interpreted in accordance with the Contract.
3.AMENDMENT EFFECTIVE DATE AND TERM
A.Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment Effective Dateshown on the Signature and Cover Page for this Amendment. The State shall not be bound
by any provision of this Amendment before that Amendment Effective Date, and shall haveno obligation to pay Contractor for any Work performed or expense incurred under thisAmendment either before or after of the Amendment term shown in §3.B of this Amendment.
B.Amendment Term
The Parties’ respective performances under this Amendment and the changes to the Contract
contained herein shall commence on the Amendment Effective Date shown on the Signatureand Cover Page for this Amendment or July 1, 2023, whichever is later and shall terminateon the termination of the Contract.
4.PURPOSE
In accordance with the provisions of this Contract and its exhibits and attachments, the
Contractor shall provide substance abuse and mental health treatment in the Pitkin County jail.
The purpose of this amendment is to update and replace the following exhibits with the most current version for Fiscal Year 2024 contract extension and renewal: Exhibit A,
Statement of Work, the Exhibit B, Budget, and add Exhibit E, Supplemental Provisions for Federal Awards, and Exhibit F, SLFRF, Subrecipient Provisions Exhibit – CDHS.
5.MODIFICATIONS
The Contract and all prior amendments thereto, if any, are modified as follows:
A.The Contract Initial Contract Expiration Date on the Contract’s Signature and Cover Page is herebydeleted and replaced with the Current Contract Expiration Date shown on the Signature and CoverPage for this Amendment.
B.The Contract Maximum Amount table on the Contract’s Signature and Cover Page is hereby deletedand replaced with the Current Contract Maximum Amount table shown on the Signature and Cover
Page for this Amendment.
DocuSign Envelope ID: 9AF7430C-C209-4623-9E72-48F831700BED
Amendment Contract Number: 24 IBEH 181983 Page 3 of 3 Rev. 1/14/19
C.REPLACE Exhibit A, Statement of Work with Exhibit A-1, Statement of Work, attached and
incorporated by reference.
D. ADD Exhibit B-1, Budget, attached and incorporated by reference.
E.ADD Exhibit E, Supplemental Provisions for Federal Awards, attached and incorporated byreference.
F.Add Exhibit F, SLFRF, Subrecipient Provisions Exhibit – CDHS, attached and incorporated
by reference.
6.LIMITS OF EFFECT AND ORDER OF PRECEDENCE
This Amendment is incorporated by reference into the Contract, and the Contract and all prioramendments or other modifications to the Contract, if any, remain in full force and effect exceptas specifically modified in this Amendment. Except for the Special Provisions contained in the
Contract, in the event of any conflict, inconsistency, variance, or contradiction between theprovisions of this Amendment and any of the provisions of the Contract or any prior modificationto the Contract, the provisions of this Amendment shall in all respects supersede, govern, andcontrol. The provisions of this Amendment shall only supersede, govern, and control over theSpecial Provisions contained in the Contract to the extent that this Amendment specifically
modifies those Special Provisions.
DocuSign Envelope ID: 9AF7430C-C209-4623-9E72-48F831700BED
Exhibit A-1 - Statement of Work
Jail Based Behavioral Health Services (JBBS)
Definitions and Acronyms
The following list of terms shall be applied to this contract and Statement of Work, based on
the services that are provided at each respective jails:
“Agonists” Opioid agonists such as methadone or buprenorphine are therapeutic drugs
used for the management of opioid dependence. In clinical practice, they are used for
opioid agonist maintenance therapy or withdrawal management. An agonist is a drug that
activates certain receptors in the brain. Full agonist opioids activate the opioid receptors in
the brain fully resulting in the full opioid effect.
“Antagonists” An antagonist is a drug that blocks opioids by attaching to the opioid
receptors without activating them. Antagonists cause no opioid effect and block full agonist
opioids. Examples are naltrexone and naloxone.
“Behavioral Health Administration” The BHA is a new cabinet member-led agency,
housed within the Department of Human Services, designed to be the single entity
responsible for driving coordination and collaboration across state agencies to address
behavioral health needs. The BHA was previously known as the Office of Behavioral Health
(OBH).
“Bridges Program/Court Liaison” means an individual employed or contracted with the
State Court Administrator’s Office (SCAO) to implement and administer a program that
identifies and dedicates local behavioral health professionals as court liaisons in each
judicial district. These individuals are responsible for facilitating communication and
collaboration between judicial and behavioral health systems.
https://www.courts.state.co.us/Administration/Unit.cfm?Unit=bridgesThese
“Case Manager” assists in the planning, coordination, monitoring, and evaluation of
services for a client with emphasis on quality of care, continuity of services, and cost-
effectiveness
“Certified Addiction Specialist” - CAS (Formerly CAC II & III) requires a Bachelor’s
degree in a Behavioral Health specialty (Psychology, Social Work, Human Services). This
does not include Criminal Justice, Sociology or Nursing. These individuals are approved to
provide Clinical Supervision and consultation to individuals working towards CAT or CAS.
2,000 clinically supervised hours (1,000 direct clinical hours beyond the Technician). Must
pass the NCAC II exam and Jurisprudence exam.
“Certified Addition Technician” - CAT (Formerly CAC I) requires 1000 hours of clinically
supervised work hours (does not require DORA registration prior to the 1000 hours). Once
these hours are met, the individual is not able to perform duties until the CAT is officially
approved), in addition to passing the NCAC I Exam and passing the Jurisprudence Exam.
Exhibit A-1
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“Critical Incidents” means a critical incident is any significant event or condition that must
be reported to the Department that is of public concern and/or has jeopardized the health,
safety and/or welfare of individuals or staff.
“Forensic Navigators” are not case managers, clinicians, or involved in community
supervision. The Navigators act as case coordinators, working to ensure that all internal
and external stakeholders have access to up-to-date client information. In collaboration with
stakeholders, the Navigators help to ensure that services are being delivered to clients in
an appropriate and effective manner.
“LAC”, or Licensed Addiction Counselor, is a behavioral health clinician who can provide
co-occurring services. Master's degree or higher in Substance Use Disorders/Addiction
and/or related counseling subjects (social work, mental health counseling, marriage &
family, psychology, medical doctor) from a regionally accredited institution of higher
learning 3,000 clinically supervised hours (2,000 direct clinical hours). Must pass the MAC
and jurisprudence exam. Designated providers of Clinical Supervision for all levels of
certification and licensure, in the addiction’s profession.
“LCSW”, or Licensed Clinical Social Worker, is a social worker trained in psychotherapy
who helps individuals deal with a variety of mental health and daily living problems to
improve overall functioning.
“LMFT”, or Licensed Marriage and Family Therapist help couples and family members
manage problems within their relationships.
“LPC”, or Licensed Professional Counselor, is a person engaged in the practice of
counseling who holds a license as a licensed professional counselor issued under the
provisions of the state of Colorado.
“Long Acting Injectable (LAI)” is an injectable medication that allows for the slow release
of medicine into the blood. An LAI can last anywhere from 2-12 weeks, which helps to
control symptoms of mental illness and / or substance use.
“Memorandum of Understanding”, or MOU, means a type of agreement between two or
more parties. It expresses a convergence of will between the parties, indicating an intended
common line of action.
“Partial Agonists” Partial agonist opioids activate the opioid receptors in the brain, but to
a much lesser degree than a full agonist. Buprenorphine is an example of a partial agonist.
An antagonist is a drug that blocks opioids by attaching to the opioid receptors without
activating them.
“Regional Accountable Entity” is responsible for building networks of providers,
monitoring data and coordinating members’ physical and behavioral health care. RAEs
replace and consolidate the administrative functions of Regional Care Collaborative
Organizations (RCCOs) and Behavioral Health Organizations (BHOs).
“Screening Tools” are brief questionnaires or procedures that examine risk factors,
mental health/trauma symptoms, or both to determine whether further, more in-
Exhibit A-1
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depth assessment is needed on a specific area of concern, such as mental health,
trauma, or substance use.
Exhibits
A: Statement of Work - the narrative description of a project's work requirement. It defines
project-specific activities, deliverables and timelines for the Contractor providing services.
B: Budget - outline of the projected cost/expenses of the project.
C: Miscellaneous Provisions - general contract provisions and requirements including
standard conditions in contracts like payment procedures, audit thresholds, and
recommended measures against contract violation.
D: HIPAA Business Associate Agreement /Qualified Service Organization Addendum
-terms detailing required compliance with HIPAA and 42 C.F.R. Part 2 privacy regulations.
E.Supplemental Provisions for Federal Awards - provide guidelines on being
considered a subrecipient and the federal requirements.
F.SLFRF, Subrecipient Provisions Exhibit - CDHS - provide information on the
requirements established by the U.S. Department of treasury for use of the State and Local
Fiscal Recovery Funds.
PART ONE - GENERAL PROVISIONS
Article 1
General Administration
1.1 Overall Goal. The overall goal of the JBBS program is to work towards improving the
health outcomes of the individuals served.
1.2 Participation / Catchments. County Sheriffs may develop programs either individually,
or as multiple Sheriff’s Departments (otherwise known as a catchment), submitting a
combined work plan. If services are provided to a catchment, the fiscal agent county (the
county holding this primary Contract with BHA) shall enter into subcontracts with its
catchment county Sheriff’s Departments. BHA reserves the right to change the fiscal agent
as necessary. Subcontracts entered into under this provision shall adhere to the
requirements of Exhibit C, Miscellaneous Provisions, Section II.
1.3 Program Administrator. The Contractor shall select a JBBS Program Administrator,
identify the positions’ roles, responsibilities and authority, and develop a management plan
that supports the JBBS Program Coordination Group. Any changes to the Program
Administrator’s’ contact information shall be communicated via email to the Behavioral
Health Administration within one business day of change to cdhs_jbbs@state.co.us
a. BHA prefers that a staff person from the Sheriff’s Department assume the role of
Program Administrator. The Program Administrator shall be well versed in the JBBS
Program, including contractual requirements. The Program Administrator shall also
attend JBBS Quarterly Meetings, and shall oversee the JBBS Program and its
operations. The Program Administrator must also notify JBBS Program Manager(s)
to any change in personnel. The Sheriff’s Department is encouraged to account for
this administrative position in their budget.
Exhibit A-1
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1.4 JBBS Program Coordination Group. The Contractor shall develop a process for
implementing a Program Coordination Group within the facility, to guide and support the
JBBS program. The Program Coordination Group shall meet on a regular and continual
basis to ensure project implementation and goals are progressing. In addition to monthly
check-ins, the JBBS Program Manager(s) will be available to attend periodic Program
Coordination Group meetings for technical assistance, contract management, and support
based on agency needs. BHA reserves the right to record JBBS meetings as necessary.
The Program Coordination Group shall:
a. Oversee program implementation.
b. Make training recommendations.
c. Measure the program’s progress toward achieving stated goals, using data
provided by BHA program manager(s) to guide work.
-ensure program effectiveness and performance is measured by specific
client-centered health outcomes and reflected in the data collected.
d. Resolve ongoing challenges to program effectiveness.
e. Inform agency leaders and other policymakers of program costs, developments,
and progress.
f. Develop policies and protocols to ensure clinical staff have the resources and
support required for service provision.
g. For JBBS Programs serving a catchment of counties, a Sheriff’s Department
representative from each county is required to participate in the JBBS Program
Coordination Group.
h. Ensure the needs of all the jails in the catchment are being met by the resources
and subcontracted service providers.
1.5 Subcontractors. The JBBS Program requires a subcontract, or an MOU be in place for
any and all subcontractors. See Exhibit C, Miscellaneous Provisions, Section II for
requirements regarding the use of subcontractors.
1.6 Audits. As a participant in the JBBS program, participation in regular audits will be
required. Clinical and financial documentation shall be made available for onsite or virtual
review by the Behavioral Health Administration, in addition the location(s) where treatment
services are being provided.
1.6 The Contractor may serve individuals who are awaiting Medicaid approval or other
funds to pay for initial treatment services.
1.7 The Contractor shall provide services in a manner that respects and protects individual
rights. This requirement includes providing the subcontractor with the required space to
offer individual and group treatment services described in this Contract.
1.8 Recovery Support Services. SAMHSA (Substance Abuse and Mental Health Services
Administration) encourages those involved in substance abuse and / or mental health
treatment, to address their emotional, spiritual, intellectual, physical, environmental,
financial, occupational, and social needs. JBBS programs may provide recovery support
services for wraparound resources including, but not limited to, clothes, transportation,
food, emergency housing/motel vouchers, or basic hygiene purchases that will assist in
stabilizing the individual in the community.
Exhibit A-1
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DocuSign Envelope ID: 9AF7430C-C209-4623-9E72-48F831700BED
1.9 The Contractor shall maintain support relationships with all points in the criminal justice
system, i.e., probation, parole, diversion, Department of Corrections, etc. to ensure
continuity of care.
1.10 Cultural Competency. The Contractor shall provide culturally competent and
appropriate services, per National Standards for Culturally and Linguistically Appropriate
Services (CLAS Standards), available at https://thinkculturalhealth.hhs.gov/clas/standards
1.11 The Contractor shall make reasonable accommodations to meet the needs of
individuals who are physically challenged, deaf or hearing impaired, or blind.
1.12 Medication Consistency (C.R.S. 27-70-103)
a.For the sole purpose of ensuring medication consistency for persons with mental
health disorders involved in the criminal justice system, for individuals participating
in the JBBS program, Contractor shall share patient-specific mental health and
treatment information with all subcontractors, clinicians, and providers involved in
the individual's plan of care.
b.All such information sharing must comply with confidentiality requirements, including
any necessary memorandums of understanding between providers, set for in the
federal “Health Insurance Portability and Accountability Act of 1996”, 45 CFR Parts
2, 160, 162, and 164.
c.Contractor is encouraged, though not required, to participate in the Minnesota
Multistate
Contracting Alliance for Pharmacy Cooperative Purchasing Agreement to purchase
medication and to utilize the Medication Consistency formulary developed by CDHS
and HCPF.
d. If Contractor does not utilize the Medication Consistency formulary developed by
CDHS and HCPF, Contractor shall provide a copy of the medication formulary
available at Contractor’s jail. A copy of the CDHS and HCPF formulary is available
on the CDHS Website.
e. Contractor shall not bill inmates for appointments or medications otherwise covered
byJBBS. See Exhibit B, Budget and Rate Schedule for a list of covered meds.
Article 2
Confidentiality and HIPAA / 42 CFR Part Two
2.1 HIPAA Business Associate Addendum / Qualified Service Organization
Addendum. The Contractor shall agree to comply with the terms of the HIPAA Business
Associate Addendum / Qualified Service Organization Addendum, Exhibit D of this
Contract.
2.2 Third Parties and Business Associate Addendum / Qualified Service Organization
Addendum.
a. The Contractor shall require that any third parties, including subcontractors or
other partner agencies, that it involves for work to be done pursuant to this Contract
agree to the most recent CDHS version of the HIPAA Business Associate
Addendum / Qualified Service Organization Addendum, found in Exhibit D of this
Contract.
b. A HIPAA Business Associate Addendum / Qualified Service Organization
Addendum is required between subcontracted treatment provider agencies for any
Exhibit A-1
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DocuSign Envelope ID: 9AF7430C-C209-4623-9E72-48F831700BED
program that has more than one treatment subcontractor agency rendering services
in the jail in order to share assessments and screenings between subcontracted
treatment provider agencies.
2.3 Additional Measures. The Contractor shall agree to the following additional privacy
measures:
a.Safeguards. The Contractor shall take appropriate administrative, technical and
physical safeguards to protect the data from any unauthorized use or disclosure not
provided for in this agreement.
b. Confidentiality. The Contractor shall protect data and information according to
acceptable standards and no less rigorously than they protect their own confidential
information. The Contractor shall ensure that individual level identifiable data or
Protected Health Information (PHI) shall not be reported or made public. The
Contractor shall ensure that all persons (e.g., interns, subcontractors, staff, and
consultants) who have access to confidential information sign a confidentiality
agreement.
Article 3
Financial Provisions
3.1 Cost Reimbursement / Allowable Expenses. This contract is paid by cost
reimbursement. See Exhibit B, Budget and Rate Schedule, for a list of reimbursable
expenses. The Rate Schedule is non-exhaustive; other items expensed to this Contract
must be reasonable toward completion of the contract terms, are reviewable by BHA, and
shall not exceed any detail in the budget in this regard.
3.2 Staff Time Tracking and Invoicing. The Contractor shall ensure expenses and staff
are tracked and invoiced separately for each program or funding stream. Any other funding
sources or in-kind contributions supporting the JBBS Program shall be disclosed in the
invoice submission. Invoices will be submitted to cdhs_BHApayment@state.co.us
by the 20th of the following month.
3.3 Procurement Card. BHA recommends, although does not require, counties to consider
the use of a procurement card to be used for expenses related to the JBBS program.
Contractor shall follow its county’s internal guidance and policies for use of procurement
cards.
3.4 Proportional Reduction of Funds. The Behavioral Health Administration has the
unilateral authority to proportionately reduce the contract budget amount to match current
spending rates. If the Sheriff's Department has not spent 40% of the contract budgeted
amount by November 30th, the Behavioral Health Administration may proportionately
reduce the contract budget amount to match current spending rates. If the Sheriff's
Department has not spent 65% of the contract budgeted amount by February 28th, the
Behavioral Health Administration may again proportionately reduce the contract budget
amount to match current spending rates.
3.5 Fiscal Agent County Responsibilities. Where a county is acting as a fiscal agent for
other counties, the fiscal agent county shall pay invoices received by the catchment
counties within 45 days of receipt.
Exhibit A-1
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3.6 Other Financial Provisions, including invoicing instructions can be found in Exhibit C,
Miscellaneous Provisions.
PART TWO - SUBSTANCE USE DISORDER (SUD) TREATMENT SERVICES
Article 1
Purpose and Target Population
1.1 Purpose. As used in this Statement of Work exhibit, the State and the Contractor
together are referred to as the “Parties”. The Parties understand and agree that the goal of
the Jail Based Behavioral Health Services (JBBS) Program is to support county Sheriff’s in
providing screening, assessment and treatment for offenders with substance use disorders
(SUD) and co-occurring substance use and mental health disorders, as well as transition
case management services. Through funds authorized by the Colorado General Assembly
(SB 12-163), the Behavioral Health Administration (BHA) intends to continue funding the
Jail Based Behavioral Health Services Programs as set forth in this Contract.
1.2 Target Population. Adults 18 years of age and older that are residing in the county jail
with substance use disorder or co-occurring substance use and mental health disorders. In
this regard, the Contractor, in accordance with the terms and conditions of this Contract,
shall develop, maintain, and provide behavioral health services in the county jails for
individuals highlighted in section 1.2. The Contractor, in providing required services
hereunder, shall utilize and maintain a partnership with community provider(s)/individuals
that are licensed (LAC, LPC, LCSW, CAS), who are in good standing with the Department
of Regulatory Agencies (DORA), have the ability to provide services within the jail or
through televideo options, and have the capacity to provide free or low cost services in the
community to inmates upon release.
Article 2
Activities and Services
2.1. Licensed Substance Use Disorder Treatment Requirements.
a. Eligible individuals must have a substance use disorder and/or a co-occurring
mental health disorder (determined by SUD and MH screening) to be eligible to
receive services under the JBBS program.
b. Individual treatment providers must hold a Substance Use Disorder Provider
license and be in good standing with the Colorado Department of Regulatory
Agencies (DORA).
c. Contractor shall implement policies and procedures on how subcontracted
treatment provider(s) will manage and maintain clinical records for the individuals
served at the outpatient community location. The providers must follow the same
protocols and policies for record management for services offered in the jail.
d. Contractor shall provide appropriate screening(s), assessment(a), brief
intervention and linkage to care in the community, based on an individualized
treatment and/or transition plan.
i.Contractor shall utilize evidence-based screening processes and tools
(see page 11; Article 2, 2.1), subject to approval by BHA, to screen for
mental health disorders, substance use disorders, trauma, traumatic brain
injuries and suicidality.
e. Each individual’s treatment / transition plan shall incorporate:
Exhibit A-1
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i. Summary of the continuum of services offered to individuals based on
evidence-based curricula.
ii. Frequency and duration of services offered.
iii. If an individual's treatment will be provided by more than one treatment
provider, describe how services are distributed between providers.
iv. Incorporation of criminogenic risk factors in service and transitional case
planning as determined from the Level of Supervision Inventory (LSI) for
individuals who are enrolled and participating in JBBS for at least 30 days.
v. The individual’s natural communities, family support, and pro-social
support.
vi. A plan to transition individuals from jail-based services to appropriate
behavioral health and other needed community services upon release from
incarceration.
vii. Contractor shall provide treatment to individuals in need of services in
accordance with the treatment and transition plan described above.
Article 3
Standards & Requirements
3.1 Authorizing Legislation and Description of Services. The Jail Based Behavioral
Health Services (JBBS) Program is funded through the Correctional Treatment Cash Fund
legislated in the passage of Senate Bill 12-163. Section 18-19-103 (c), C.R.S. directs the
judicial department, the Department of Corrections, the state board of parole, the Division
of Criminal Justice of the Department of Public Safety, and the Department of Human
Services to cooperate in the development and implementation of the following:
a. Alcohol and drug screening, assessment, and evaluation.
b. Alcohol and drug testing.
c. Treatment for assessed substance abuse and co-occurring disorders.
d. Recovery support services.
The Correctional Treatment Fund Board has determined the Jail Based Behavioral Health
Services (JBBS) Program meets the requirements set forth in SB 12-163.
3.2 Level of program care. Services offered by the Contractor hereunder shall meet
ASAM Level 1 or 2.1 level of care.
Article 4
Data Reporting
4.1 Contractor is required to report information in the BHA Jail Based Behavioral Health
Services (JBBS) CiviCore Database or another database as prescribed by BHA.
Data must reflect current individual enrollment and services provided by the 15th day of
each calendar month to allow BHA staff to utilize current data. The following data elements
will be captured in the Civicore JBBS database or another database as prescribed by BHA:
a.A record for each individual who screened “positive” for a mental health disorder
or substance use disorder; other screenings completed and results thereof.
b.Basic demographic and working diagnosis information (including veteran status
and pregnancy status, if applicable).
c.For individuals in jail more than 30 days and who are admitted to the JBBS
program, it is recommended that a Level of Supervision Inventory (LSI/LSI-R) risk
assessment be completed.
Exhibit A-1
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d.The type and dosage of medications provided for Medication Assisted Treatment
(MAT). Please see Exhibit B for allowable medications.
e.Number of individuals who successfully transition to community-based services
upon release.
f.Program discharge outcomes and treatment status in the community after
discharge.
4.2 The Contractor agrees to respond to BHA’s inquiries about data submissions within two
(2) business days and work with BHA to quickly resolve any data issues.
4.3 Contractor is required to notify BHA of any staffing changes within 48 hours, as this
individual's Database access will need to be removed.
Article 5
Performance Measures
5.1 Performance Measures:
a. Transition Tracking Outcomes. The goal of the JBBS program is to identify
treatment service needs and assist with engagement in community-based treatment
services upon release. Contractor shall make reasonable efforts to contact all JBBS
individuals who are successfully discharged from the program and released to the
community at one, two, six- and 12-months post release. The individual’s treatment
status shall be recorded in the CiviCore JBBS database, or another data system as
prescribed by BHA. If a client remains engaged in treatment post-release, JBBS
may continue to provide support through the Contractor’s Recovery Support
Services section of their budget, for up to 12 months. The following are the
treatment status options:
i. Deceased – In the event of death of the individual post-release.
ii. In Treatment – Individual is engaged in community-based treatment
services as recommended in the transition plan.
iii. New Crime/Regressed - Individual returned to jail for violations or
committed a new crime.
iv. Not Applicable - Individual sentenced to Department of Corrections,
Probation, Community Corrections, or treatment status not applicable at
month two, six, or 12 due to prior tracking status of Deceased, New
Crime/Regressed, or Treatment Completed.
v. Not in Treatment – Individual is reported by the community-based
treatment provider as not in treatment or the individual reports to not be in
treatment services as recommended on the transition plan.
vi. Status Unknown – Individual cannot be located.
vii. Treatment Completed – Individual has completed treatment as
recommended in the transition plan.
b. Recidivism. JBBS aims to decrease the rate of reincarceration of former JBBS
participants. This approach should result in greater treatment engagement in the
community and decreased recidivism through better identification and treatment of
behavioral health needs. BHA may conduct an annual analysis of recidivism. The
following will apply to this analysis:
i. JBBS participants who have received treatment services or groups will be
included in the recidivism analysis.
Exhibit A-1
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ii. “Recidivism” is the analysis that will be defined as re-arrest and
reincarceration for a new crime or a technical violation related to the
individual's original charge.
iii. Recidivism Target. Programs will ensure that data in the JBBS Database
pertaining to the most recent complete fiscal year (July 1 - June 30) is
verified and correct by the 15th of July following the fiscal year so that the
recidivism analysis may be completed by BHA.
Article 6
Deliverables
6.1 For Deliverables under this section, please see Part 8 - JBBS Program Deliverables
PART THREE - MENTAL HEALTH TREATMENT (SB 18-250)
Article 1
Purpose & Target Population
1.1 Purpose. The Behavioral Health Administration (BHA) is committed to efforts to provide
resources to support County Sheriffs in providing screening, assessment and treatment for
mental health and substance use disorders or co-occurring disorders; as well as transition
case management services to people who need such services while they are in jail. The
Jail Based Behavioral Health Services (JBBS) Program has been operational since
October 2011 with funding from the Correctional Treatment Cash Fund pursuant to Section
18-19-103 (5)(c)(V).
The goal of the JBBS Program is to provide appropriate behavioral health services to
inmates while supporting continuity of care within the community after release from
incarceration. This approach should result in greater treatment engagement in the
community and decreased recidivism through better identification and treatment of
behavioral health needs.
In October 2012, the Correctional Treatment Board voted to fund additional Jail Based
Behavioral Health Services Programs to additional counties across the State. As of
February 2022, there are JBBS programs in 47 county jails across the State of Colorado.
In May 2018 the Colorado General Assembly passed Senate Bill 18-250, which mandated
the JBBS Program under Colorado Revised Statutes 27-60-106. Additional mental health
funding was allocated to the JBBS program to address gaps in services for mental health
disorder screening, assessment, diagnosis and treatment. Additionally, these funds may
support psychiatric prescription services and purchase of medications. Sheriff’s
Departments that currently operate JBBS programs, as well as new applicants, are eligible
to request these funds. Sheriff’s Departments may submit an individual application, or they
Exhibit A-1
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may submit a combined application if they would like to apply in conjunction with other
County Sheriff’s Departments.
To carry out the JBBS program, Sheriff’s Departments may partner with local community
provider(s) who can demonstrate the ability to provide services within the jail, and the
capacity to provide or link individuals released from jail to free or low-cost services in the
community.
1.2 Target Population. Adults 18 years of age and older that are residing in the county jail
with substance use disorder or co-occurring substance use and mental health disorders. In
this regard, the Contractor, in accordance with the terms and conditions of this Contract,
shall develop, maintain, and provide behavioral health services in the county jails for
individuals highlighted in section 1.2. The Contractor, in providing required services
hereunder, shall utilize and maintain a partnership with community provider(s)/individuals
that are licensed (LAC, LPC, LCSW or LMFT), who are in good standing with the
Department of Regulatory Agencies (DORA), have the ability to provide services within the
jail or through televideo options, and have the capacity to provide free or low cost services
in the community to inmates upon release.
Article 2
Activities & Services
2.1 Services. It is best practice that all jails should be utilizing evidence-based screening
tool(s) and practices to screen for any potential mental health and/or substance use
disorders and withdrawal, as well as suicide risk.
The Contractor shall:
a. Provide adequate staff to complete behavioral health screenings, prescribe
psychiatric medications as necessary; and provide mental health counseling,
substance use disorder treatment and transitional care coordination.
b. Upon identification of an individual who may be a candidate for JBBS services, a
referral by jail staff should be made to a JBBS clinician within 48 hours, or, when the
individual is medically cleared to be screened, via the appropriate channels (e.g.
inmate kite, email).
c. Assess all individuals booked into the jail facility for psychiatric medication needs
by requesting and reviewing medical and prescription history.
d.Have access to psychiatric medications, as defined by the medication formulary
established pursuant to section 27-70-103 or by their contracted medical provider.
e. Coordinate services with local community behavioral health providers prior to the
release of an inmate to ensure continuity of care following his or her release from
the jail.
2.2 Training and Meetings. The Contractor shall provide training to improve correctional
staff responses to people with mental illness. The Contractor shall determine the amount of
training necessary to ensure, at a minimum, a group of trained staff is able to cover all time
shifts. The training should provide sufficient opportunities for hands-on experiential
learning, such as role play and group problem solving exercises. Cross-training
opportunities shall be provided to behavioral health personnel and other stakeholders to
help improve cross-system understanding. BHA is able to provide assistance with training
the Medical Team staff regarding the MAT services and resources across the state.
Exhibit A-1
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a. Program Orientation: The Contractor shall attend a mandatory orientation session
with the BHA Program Manager and Fiscal Staff, to be organized by BHA as soon
as is practicable execution of the contract.
b. Program Meetings and Required Training: Program meetings and other required
training will be scheduled throughout the term of the JBBS Program contract. This
includes the JBBS Learning Community, JBBS Round Table, and the JBBS
Quarterly Workgroup.
2.3 Evidence-Based Practices. The Contractor shall use evidence-based and promising
practices within the screening and service delivery structure to support effective outcomes.
The use of a risk/need/responsivity (RNR) model is encouraged to assess various factors
such as substance use disorders, mental illness, cognitive or physical impairments,
financial issues, family dynamics, housing instability, developmental disabilities, low literacy
levels, and lack of reliable transportation, all of which may need to be addressed to support
success.
2.4 Individualized Service Provision. The Contractor shall link individuals referred to the
program to community based behavioral health supports and services, as appropriate
based on the specific needs of the individual to ensure wraparound services are in place to
reduce the risk of the individual returning into the justice system.
Article 3
Standards and Requirements
3.1 Mental Health Treatment Provider. The subcontracted mental health treatment
provider/individual must be licensed and in good standing with the Department of
Regulatory Agencies (DORA). The subcontracted mental health treatment provider(s) must
adhere to all rules and regulations set forth by their license and are prohibited from
practicing outside their scope of training.
Article 4
Deliverables
4.1 For Deliverables under this section, please see Part 8 - JBBS Program Deliverables
PART FOUR - COMPETENCY ENHANCEMENT (SB 19-223)
Article 1
Purpose & Target Population
1.1 Purpose. In May 2019, the Colorado General Assembly passed Senate Bill 19-223;
legislation that mandates the provision of interim mental health services for individuals who
have been court-ordered for inpatient competency restoration and who are waiting for
admission to an inpatient bed. To compensate for these specialty services, SB 19-223
allocates funding to the Jail Based Behavioral Health Services (JBBS) program to address
gaps in services in the jail for those with mental health disorders that are awaiting
restoration services.
Exhibit A-1
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In July of 2022, the JBBS program (including Competency Enhancement Programs) moved
to the Behavioral Health Administration (BHA). Because the Office of Civil and Forensic
Mental Health (OCFMH) serves as a central organizing structure and responsible entity for
the provision of competency restoration education services and coordination of competency
restoration services ordered by the court, it was agreed that the JBBS-CEP program should
return to the OCFMH.
a. The jail competency enhancement funding is used to provide interim mental
health services to individuals who are in jail and have been court-ordered to the
Colorado Department of Human Services (CDHS) to receive competency
restoration services.
b. Funding is also to be used to provide mental health services to individuals who
are returning to the jail after receiving restoration services at a CDHS designated
inpatient restoration site.
c. Coordination of services with the Forensic Support Team (FST) and, if assigned,
Court Liaisons (Bridges) shall occur when a court order has been received for an
evaluation and/or when an individual is identified to be in crisis by the jail at the time
of booking or while incarcerated.
1.2 Target Population. Adults 18 years of age and older that are awaiting an in-custody
competency evaluation, awaiting inpatient competency restoration services, are suspected
of becoming incompetent to proceed while in jail, or are returning from a CDHS designated
inpatient restoration site after receiving restoration services, and who meet any of the
following criteria:
a. Have a serious and persistent mental health disorder.
b. Are experiencing acute psychosis or major mood dysregulation.
c. Have substance use issues, especially if suspicion of intoxication is present.
d. Have a low IQ or significant cognitive issues, including dementia, or observable
and
reported symptoms of mental illness.
e. Have a known previous competency history.
f. Have a Traumatic Brain Injury (TBI).
Article 2
Activities & Services
2.1 Program Referral. The Contractor shall refer individuals for competency enhancement
services through one of the following ways:
a. When a client has been ordered by the court to be evaluated for competency,
found incompetent to proceed (ITP), and/or when inpatient restoration has been
ordered.
b.Upon return from a CDHS designated inpatient restoration site.
c. Jail identifies the individual to be in crisis at booking or during the jail stay as
defined in section 1.2 Target Population of this statement of work.
d.Priority should be given to individuals who have been found incompetent to
proceed and are awaiting admission to the state hospital. Priority should also
include individuals who are awaiting a competency evaluation and are highly acute
and/or in crisis.
2.2 Court Ordered Treatment Level of Care Type. Taking into consideration the court-
ordered competency evaluation, current clinical presentation, any assessment or
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evaluation, and placement of an individual within the jail, treatment services and contact
standards should be based on the following three categories:
a. High Clinical Acuity:
i. Non-compliant with medication, may require the use of forced medications.
ii. Meets 27-65 criteria (i.e., threats or attempts at suicide or seriously bodily
harm to self; homicidal or violent acts, attempts, or threats towards others;
incapable of making informed decisions or providing for own essential needs
without supervision placing themselves at risk for substantial bodily harm,
aka gravely disabled)
iii. Placed in a special management unit due to significant medical or
behavioral health concerns.
iv. Significant behavioral concerns including verbal and physical threats or
need for physical restraint or other involuntary control methods.
1. Unable or unwilling to perform activities of daily living (i.e.,
catatonic, immobile, consistently not
eating/drinking/bathing)
2. Significant risk behavior (unsafe behaviors, such as those
listed above, of any type more than 50% of the time)
3. Client has little or no insight into risks
4. Client with significant/severe cognitive or emotional
problems that could be barriers to safer behavior
5. Client who has no understanding of or control of behavior
These individuals are in need of immediate coordination of transfer to a CDHS designated
inpatient restoration site or consideration for an alternative means of crisis intervention.
They should have daily contact and access to crisis intervention and stabilization services.
The Contractor will work with the FST Program Coordinator to appropriately triage
admission or alternative intervention.
b. Moderate Clinical Acuity:
i. Increased or decreased behaviors from either low acuity or high acuity
units and/or monitoring
ii. Generally compliant with psychotropic medication and jail based
behavioral health or other resources (under some circumstances may be
non-compliant with medications, actively experiencing symptoms of a
mental health disorder, but not posing a significant or immediate risk of
danger to self or others)
iii. Housing in the general population or transitioning from a special
management unit
iv. In general population with psychotropic medication compliance
decreasing to less than 80% of the time
v. Temporary medical conditions
vi. Increased ability or willingness to perform activities of daily living from the
previous baseline
vii. Moderate risk behavior (unsafe behaviors of any type more than 20-50%
of the time)
1. Client has a poor understanding of risks
2. Client has mild/moderate cognitive or emotional problems that
could be a barrier to safer behavior
These individuals should have daily contact with the jail medical and/or mental health
team. Efforts shall be made to assist in the stabilization of these individuals through
Exhibit A-1
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clinically indicated regular and frequent contact with mental health clinicians. If clinically
appropriate, these individuals should be assessed for and offered treatment services.
These treatment services should include, but are not limited to, groups, individuals,
medication management, crisis intervention, and / or MAT.
c. Low Clinical Acuity:
i. Consistently taking psychotropic medication on their own accord (at least
80% of the time)
ii. Ability to and willingness to perform activities of daily living.
iii. Placed in the general population or general supervision cell (this may
include
individuals with cognitive disorders as opposed to severe mental illness)
iv. Actively engaging in jail based behavioral health or other resources.
v. Occasional risk behavior (client has a fair understanding of risks - unsafe
behaviors of any type less than 20% of the time)
These individuals should have daily contact with the medical and/or mental health
services team. Efforts shall be made to assist in the stabilization of these individuals
through clinically indicated regular and frequent contact with mental health clinicians. If
clinically appropriate, these individuals should be assessed for and offered treatment
services. These services include, but are not limited to, groups, individuals, medication
management, crisis intervention, and / or MAT. Based on clinical acuity, this population
may be better suited for outpatient restoration. Competency enhancement program
(CEP) should work with and/or refer these individuals to the Forensic Navigator for
potential community transition planning. Contractor shall coordinate services with the
assigned Forensic Navigator(s).
2.3 Jail Identified Treatment Level of Care Type. At booking, the Contractor shall identify
individuals that are referenced in section 1.2 “Target Population” and provide treatment
services while the individual is awaiting a court hearing. These services include, but are not
limited to, groups, individuals, medication management, crisis intervention, and / or MAT.
These provisional services are an attempt to intervene and stabilize the identified individual
before court-ordered competency is raised.
a. Jail Booking Screening and Referral. The Contractor shall ensure that individuals
are screened within 48 hours from booking and referred for additional treatment
services based upon the results of the screens. The Contractor shall employ
evidence-based curricula, addressing the following areas listed below. All tools are
subject to approval by the Behavioral Health Administration (BHA) or Office of Civil
and Forensic Mental Health (OCFMH):
i. Substance Use Disorders
ii. Mental Health Disorders
iii. Suicide Risk
b. Jail Referral Process. When there is a positive screen for either substance use,
mental health, or suicidal ideation, the Contractor shall ensure that the individual is
referred for further assessment with a mental health clinician. Further assessment
details shall be shared with the assigned Forensic Navigator(s), informing the
Navigators when individuals are placed on or taken off safety protocols.
2.4 Jail Mental Health Evaluation. The Contractor shall ensure that a mental health
evaluation is performed promptly on all individuals that have been identified as the “Target
Population” referenced in section 1.2, either through the court-ordered referral process or
Exhibit A-1
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through the jail-identified process. A jail mental health evaluation shall identify treatment
needs while the individual is awaiting court proceedings or a CDHS designated inpatient
restoration site bed. Mental Health Evaluations shall be shared with the assigned Forensic
Navigator(s).
2.5 Transition Plan. The Contractor and assigned Forensic Navigator(s) shall work to
ensure that a transition plan is developed with an individual upon transition to a OFCFMH
designated inpatient restoration facility. The transition plan and report shall outline the
following:
a. Mental health diagnosis
b. Level of Care type (if applicable)
c. Current mental health presentation:
Symptoms
Medication adherence
Behaviors
Suicidal/homicidal ideations
d. Prescribed psychotropic medications
e. Any identifiable cognitive impairment(s)
f. Treatment services received in jail
g. Copy of the initial plan of care
h. Placement within the jail
i. Information related to community transition plans including emergency contacts
and any pending community referrals
j. Any known medical conditions
2.6 Discharge Plan. Upon the individual’s return from an CDHS designated inpatient
restoration site, the Contractor shall save a copy of the individual’s discharge plan within
the same day that individual returns. Once a copy is received, the Contractor shall ensure
follow-up care is provided, according to that plan, within 24 hours upon return, as well as
provide continual treatment services until the person is released from jail. The Contractor
should make every attempt to continue the individuals on the prescribed course of
treatment to include prescribed medications. Medications should not be altered solely
based on cost or philosophy. Treatment courses should only be changed if medically or
clinically indicated.
2.7 Outpatient Restoration Plan. When the Contractor becomes aware that a client’s
competency and/or clinical status has improved (due to jail based behavioral health
services, sobriety, or medication management), the Contractor shall work in collaboration
with the Forensic Navigator to identify community supports and/or existing protective
factors that would aid in a community transition/re-entry.
2.8 Information Sharing. The Contractor is expected to provide regular and frequent
updates to the assigned Forensic Navigator(s). These updates should include clinical
presentation, housing placement within the jail, medication compliance and adherence,
assessment and evaluation information, information related to transition planning, medical
condition information, disciplinary/conduct information, and attempted interventions to
address unmanaged symptoms.
2.9 Critical Incidents. The Contractor shall report any critical incidents to the assigned
Forensic Navigator(s) via email or telephone immediately and no more than 24 hours after
the event. Critical incidents include but are not limited to: death, suicide attempt, suicide
Exhibit A-1
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completion, escape, injury to self or others, assault on staff, sexual assault, and significant
medical emergency resulting in hospitalization.
2.10 Staff Coverage. The Contractor will ensure that appropriate staff coverage is
available (back up clinicians, etc....) in order to cover unplanned absences or leave.
2.11 Pre-Restoration Education. The contractor will work with the FST to identify
individuals who may be eligible for pre-restoration education. Pre-restoration education will
be reserved for individuals who have been found incompetent to proceed, are awaiting
admission to inpatient competency restoration, are deemed by the FST and JBBS as
having moderate to low clinical acuity, are involved and engaged in jail-based treatment,
and have barriers to bond.
PART FIVE - PRE-SENTENCE REENTRY COORDINATOR SERVICES
Article 1
Purpose & Target Population
1.1 Purpose. In July 2019, the Behavioral Health Administration (BHA) was granted funds
by the Correctional Treatment Fund Board for Pre-sentence Reentry Coordinator
position(s) in select jails. This program shall provide services to individuals at county jails
who are in need of behavioral health treatment and are on pre-sentence status.
a.These positions will work to enhance and improve care coordination for
individuals in County Jails with shorter incarcerations (actual length to be
determined by individual jails), which may prevent them from receiving more
meaningful interventions by behavioral treatment staff.
b.These positions are responsible for facilitating communication and collaboration
between judicial and behavioral health systems.
1.2 Target Population. Adults 18 years of age and older, that are residing in the jail
awaiting sentencing. Priority should be given to those identified to be a high jail utilizer.
Article 2
Activities & Services
2.1 JBBS Pre-Sentence Reentry Coordinator Services. The Contractor shall refer
individuals to behavioral health services, after the booking process is complete and specific
needs of the individual are identified, to ensure wraparound services are in place to reduce
the risk of the individual returning into the justice system. Below is a list of services
Contractor shall provide:
a.Behavioral Health Screening: The Contractor shall coordinate with the existing jail
processes to identify the population that will have a shorter length of stay within the
jail and who screen positive for a substance use disorders, co-occurring mental
health and substance use disorders, and/or are identified to be a suicide risk.
b.High Jail Utilizers: The Contractor shall identify individuals that have three or
more arrests in the past year, and shall be a priority population to receive services
to target the needs.
Exhibit A-1
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c. Brief Intake Assessment. The Contractor shall provide a brief intake to assess
immediate behavioral health needs within 48 hours. BHA recommends using the
Risk Need Responsivity Model
https://tools.gmuace.org/files/RNR_Practitioner_Pub_FINAL_2.12.13.pdf
d. Open Referral Process. The Contractor shall facilitate an open referral process
with inmates where transitional resource packets are shared, reviewed and
completed. The JBBS Pre-sentence Reentry Coordinator shall make referrals and
coordinate services with licensed or certified behavioral health professionals, prior
to the release of an inmate, to ensure continuity of care. The JBBS Pre-sentence
Reentry Coordinator shall make referral appointments based upon need and
provide the appointment date to the individual before release.
e. Intervention/Therapy. The Contractor shall offer brief intervention and/or therapy
to inmates as necessary.
f. Coordinate Referral Information. The Contractor shall coordinate with community
entities as applicable (i.e., pre-trial, probation, community corrections, therapeutic
communities) to ensure the supervision entities are made aware of the individual’s
assessed needs and scheduled appointments. This position will also partner with
Bridges Court Liaisons and Forensic Navigators, if applicable, to identify the
competency population and link individuals to the necessary programming and
services.
2.2 Service Provision
a. A list of high jail utilizers should be run every five to seven days. Based on this
list, review those who wouldn't qualify for pre-sentence reentry coordination
services. This could include Department of Corrections holds, out of county
warrants, high profile murder charges.
b. Once that list is reviewed, the PSC should meet with those individuals to identify
their needs. We suggest using the Risk-Need Responsivity Simulation Tool.
https://tools.gmuace.org/files/RNR_Practitioner_Pub_FINAL_2.12.13.pdf
c.Based on the information gathered through this tool (and other information where
applicable), the PSC should be creating a discharge packet that goes into the
inmates property that should be given to them upon their release.
d.A discharge plan should include (but is not limited to) referral/resource
information for the following categories: mental health services, medication,
substance abuse services, medication assisted treatment, health care/medical
services, benefits, food, clothing, transportation, housing, identification needs,
employment, and disability income resources.
e. If an individual will be fully engaging in JBBS services, additional screens for
Mental Health, Substance Use Disorder, Trauma and TBI should be completed.
f.If the inmate wants their discharge plan shared with any of the referral community
agencies, they will need to sign an ROI. If they don't want it shared, there is no need
for an ROI.
g.If an individual is sentenced, it is expected that the PSC helps them with
appointments in the community prior to their release. This can also include working
with attorneys, probation officers, or parole officers to gain acceptance to sober
living or treatment programs. If a client reports opiate use, they should be referred
to medical for the appropriate MAT services.
h. Seek partnerships with the Regional Accountable Entity (RAE) to ensure referrals
are made in a timely manner with community treatment providers.
Exhibit A-1
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2.3 Data Accessibility. The Pre-Sentence Reentry Coordinator position shall be given
access to, receive training on, and be able to utilize the data in the Jail Management
System (JMS). The purpose of the JMS access is to target the high jail utilizers.
2.4 Data Entry. All discharge plans/notes are entered under the services tab as
“Community Resources and Access”. Any additional follow up should be entered under the
services tab utilizing the drop down option that most closely represents what you're working
with them on.
Article 3
Deliverables
3.1 For Deliverables under this section, please see Part 8 - JBBS Program Deliverables
PART SIX - JAIL MEDICATION ASSISTED TREATMENT
Article 1
Purpose & Target Population
1.1 Purpose. Treatment of individuals with substance use disorders who come into contact
with the criminal justice system. Jails that receive funding through the jail-based behavioral
health services program are to allow medication-assisted treatment to be provided to
individuals in the jail. Jails must have services involving consideration for
Fentanyl/Carfentanyl related substances, and provide 8 mg of Naloxone at release (this
can be two 4mg Narcan or one 8mg Kloxxado). The jail may enter into agreements with
community agencies and organizations to assist in the development and administration of
medication-assisted treatment. "Medication-assisted treatment" or "MAT'' means a
combination of behavioral therapy and medications approved by the Federal Food and
Drug Administration to treat SUD disorders.
1.2 Target Population. 18 years of age and older, residing in county jail(s), SB 19-008
enacts policies related to the involvement of persons with substance use disorders in the
criminal justice system.
Article 2
Activities & Services
2.1 Provision of Medication-Assisted Treatment. Contractor shall hire technical
assistance (“TA”) providers to support MAT programs in their facility. Technical assistance
includes development and implementation of medication-assisted treatment, approval of
prescribers by the United States Drug Enforcement Agency, other appropriate withdrawal
management care, and assistance with identifying bulk purchasing opportunities for
necessary services.
The facility shall offer medication approved by the federal Food and Drug Administration
that are approved to treat opiate use disorder, which must include agonists, partial
agonists, and antagonists, to a person in custody with an opiate use disorder. The person,
in collaboration with the treating provider, must be given a choice concerning what
medication is prescribed, based on the facility’s medication formulary.
Exhibit A-1
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The Contractor or designee, shall be responsible for documenting individual-level MAT
services provided, including date of service, type of service, duration of service, specific
MAT medication provided, frequency of dosage, and any additional applicable information.
Contractors engaging in MAT treatment shall expand access to care for persons who are
incarcerated with substance use disorder (SUD) through the following activities:
a.Have a policy in place for the provision of Medication-Assisted Treatment (MAT)
and how it will be implemented. A copy of this policy will be provided to BHA/JBBS
Program Manager, before MAT services are provided. See Part Eight, Article 1.5 for
more details on how this needs to be submitted.
b.Identify program appropriate individuals via screening.
c.Link persons with SUD with a community based clinical care provider.
d. Initiate MAT for SUD and retain in MAT/optimize retention to MAT while in jail.
e.Provide patient education surrounding SUD and the types of treatment available
in their community.
f.Develop and routinely review individualized treatment plans.
g. Have fentanyl related considerations for withdrawal management.
h. Provide overdose reversal medication at release (this can be two 4mg Narcan or
one 8mg Kloxxado).
2.2 Allowable Expenses. The following are allowable expenses in the provision of MAT
services, reimbursable in accordance with the BHA-approved rate schedule or prior
authorization from JBBS Program Manager. For a full list of allowable medications, please
see the “medications” section in Exhibit B-3
a.Fee for service agreements with Contractors for treatment, medical staff, and
medications.
b. Required medications, handled subject to Controlled Substance / Medication
Assisted Treatment licensing requirements, including medications for overdose
reversal such as Naloxone or Kloxxado.
c.DEA licensing services.
d.Temporary or Permanent staffing services for positions related to the
implementation of MAT services. These could be both sworn and civilian positions.
e.Small facility and equipment upgrades related to MAT, per JBBS program
manager approval.
f.Training and staff development for MAT. Invoice requests are due to BHA as
expenses are incurred. Only one month’s expenses are allowed per invoice.
g.Technical assistance.
h.Training services for jail staff as it relates to MAT.
i.Consultation services for jail staff and community providers as it relates to MAT.
j. Advertising, marketing or public relation services regarding MAT services.
k.Human Services collaboration as it pertains to Medicaid enrollment prior to
release from jail.
l.Translation services for those receiving MAT services when needed.
m.Delivery of MAT medications.
n.Community re-entry services as related to MAT services
Exhibit A-1
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Article 3
Standards and Requirements
3.1 Program Policies and Plans.
a.Contractor shall adhere to the policy or plan for its jail submitted to satisfy the
deliverable described in Part Eight, Article 1.5.
b.A Sheriff who is the custodian of a county jail or city and county jail may enter
into agreements with community agencies, behavioral health organizations, and
substance use disorder treatment organizations to assist in the development and
administration of medication-assisted treatment in the jail.
3.2 License Requirements.
a. Providers licensed as an opioid medication assisted treatment (OMAT) program
shall adhere to 2 CCR 502-1 Behavioral Health Rules regarding 21.320: Opioid
Medication Assisted Treatment (OMAT).
b. Providers handling controlled substances shall adhere to 2 CCR 502-1
Behavioral Health Rules regarding 21.300: Controlled Substance License
Requirements, which includes direction on the safe storage and handling of
controlled substances.
3.3 Level of Program/Care. OMAT provider facilities shall meet ASAM Level 1 Outpatient
Treatment or 2.1 Intensive Outpatient level of care.
Article 4
Deliverables
4.1 For Deliverables under this section, please see Part 8 - JBBS Program Deliverables
PART SEVEN - JBBS TECHNICAL ASSISTANCE (HB 22-1326)
Article 1
Purpose & Target Population
1.1 Purpose. For those county jails who choose to accept SLFRF funds as it pertains to
HB22-1326, the State of Colorado, Behavioral Health Administration (BHA) in
cooperation with JBBS (Jail Based Behavioral Health Services) program, will assist
county jails in meeting the requirements set forth by this legislation as it pertains to
Medication Assisted Treatment (MAT) technical assistance provided to jails. County jails
may enter into agreements with community agencies and organizations to assist in the
development and administration of medication-assisted treatment.
This technical assistance is a menu of options for different technical assistance elements
needed for jails including but not limited to: consulting related to staffing necessary to
provide MAT services, including jail operations staff, medical staff, and behavioral health
staff. This technical assistance should also include options as to what services are
available to offenders upon their release from custody.
Exhibit A-1
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Those who will be assisted by the technical assistance are local county detention facilities
(jails) throughout the state of Colorado. The state of Colorado has 64 counties, however,
not all 64 counties have jails. The JBBS program is currently being offered in 49 county
jails. Jail population sizes vary by county, with the largest populations being housed in the
seven county Denver metro area jails.
1.2 Target Population. Colorado County Jails participating in the Jail Based Behavioral
Health Services program with the Behavioral Health Administration annually contracting
with the state of Colorado to receive these funds for the provision of jail based behavioral
health services have access to these funds through their contracts.
Article 2
Definitions and Acronyms
Behavioral Health Administration (BHA) represents one of Colorado’s many steps
towards strategic investments in improving the behavioral health system. The BHA is a new
cabinet member-led agency, housed within the Department of Human Services, designed
to be the single entity responsible for driving coordination and collaboration across state
agencies to address behavioral health needs.
Drug Enforcement Agency (DEA) enforces the controlled substances laws and
regulations of the United States and brings to the criminal and civil justice system of the
United States, or any other competent jurisdiction, those organizations and principal
members of organizations, involved in the growing, manufacture, or distribution of
controlled substances appearing in or destined for illicit traffic in the United States; and to
recommend and support non-enforcement programs aimed at reducing the availability of
illicit controlled substances on the domestic and international markets.
Jail Based Behavioral Health Services (JBBS) The Jail Based Behavioral Health
Services (JBBS) Program has been operational since October 2011 with funding from the
Correctional Treatment Cash Fund pursuant to C.R.S.18-19-103 (5)(c)(V). The goal of the
JBBS Program is to provide appropriate behavioral health services to inmates while
supporting continuity of care within the community after release from incarceration.
Medication Assisted Treatment (MAT) is the use of medications, in combination with
counseling and behavioral therapies, to provide a “whole-patient” approach to the treatment
of substance use disorders. Medications used in MAT are approved by the Food and Drug
Administration (FDA) and MAT programs are clinically driven and tailored to meet each
patient’s needs.
Article 3
Activities and Services
3.1 Expanded Provision of Medication-Assisted Treatment Through Technical
Assistance. Contractors engaging JBBS funding shall access technical assistance to
expand access to care for persons who are incarcerated with substance use disorder
(SUD) through the following activities:
a. Contractor shall utilize technical assistance for the Development and Implementation of
Medication-Assisted Treatment (MAT)
Exhibit A-1
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b.Contractor shall hire technical assistance (“TA”) providers to support MAT programs in
their facility to address:
i. Medication availability within the community.
ii. Identifying bulk purchasing options for MAT related services.
iii. DEA licensing services.
iv. Temporary or Permanent staffing services for positions related to the
implementation of MAT services. These could be either sworn and
civilian positions.
v. Training services for jail staff as it relates to MAT.
vi.Consultation services for jail staff and community providers as it
relates to MAT.
vii.Advertising, Marketing or Public Relations services regarding MAT
services.
viii. Human Services collaboration as it pertains to Medicaid enrollment
prior to release from custody.
ix. Translation services when needed as it pertains to MAT.
x. Delivery of MAT medications.
xi. Community re-entry services for offender transition
c. Contractor shall provide a work plan outlining the jail’s intended use for the TA funding
no later than 30 days from the date this amendment is executed.
d.Contractor shall submit a policy of the Jail’s MAT protocols and procedures for the
facility outlining the services and medications offered no later than 30 days from the date
this amendment is executed to cdhs_jbbs@state.co.us. A copy of this policy will be
provided to BHA before MAT services are provided. The policies will also include guidelines
for nonmedical evaluations, including timelines for performing a subsequent medical
evaluation.
e.Contractor shall provide appropriate and best-practice withdrawal management care to
incarcerated individuals as necessary
f.Contractor shall develop community partnerships with necessary providers to link
persons with SUD with an approved community-based clinical care provider.
g.Contractor shall provide patient education surrounding SUD/MAT/OUD and the types of
treatment available in their community.
3.2 Allowable Expenses. The following are allowable expenses in the provision of the
services above specific to this Part, reimbursable in accordance with the BHA-approved
rate schedule.
a.Purchase technical assistance services identified in 3.1(b) above.
b.Provide staff development and training regarding Medication-Assisted
Treatment, Substance Use Disorder, and Opioid Use Disorder to fulfill
requirements of HB 22-1326.
c.Fee for service agreements with contractors for treatment, medical staff, and
medications.
d.Required medications, handled subject to Controlled Substance / Medication
Assisted Treatment licensing requirements, including medications for
overdose reversal such as Naloxone.
Exhibit A-1
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e.Jail payroll expenses for interventions, medical staff, and medications.
PART EIGHT - JBBS PROGRAM DELIVERABLES
Article 1
1.1 Deliverables for All JBBS Programs
a. JBBS Work Plan. Using the JBBS Statement of Work, the Contractor is required
to design a work plan based on the five criteria listed below. The Annual Work Plan
should specify the following information for each service in which the Contractor will
participate in. See JBBS Work Plan Template at the end of this document.
b.Annual Report. The Contractor shall submit to the State the previous year’s
Annual Report by EOB July 31, utilizing the JBBS Reporting Template provided by
BHA. The Contractor shall submit this report via email to cdhs_jbbs@state.co.us
c.JBBS Database Reporting.
i. The Contractor or designated subcontractor shall complete all applicable
data fields in the JBBS (Civicore) Database using the following URL:
https://fw.civicore.com/jbbhs or another data system as prescribed by BHA.
All data entry shall be updated on an ongoing basis, and must reflect current
individual enrollment and services provided by the 15th of each month
following the month when the service was provided.
ii.Data Entry shall include:
a.Basic individual demographic and working diagnosis information.
b.Booking date (date that the individual was booked into jail).
c.Screening date and results (Mental Health, Substance Use,
Traumatic Brain Injury, Trauma, and Suicidality) for all individuals
who screen “positive” for a mental health disorder or substance use
disorder.
d.Admission date (date that individual began receiving JBBS services).
e.If applicable, results of Level of Supervision Inventory (LSI/LSI-R)
risk assessment (recommended for individuals admitted to the JBBS
program who are in jail more than 30 days).
f.Individual-level services provided (date of service, type of service,
duration of service, and any additional applicable information),
including any Medication Assisted Treatment services provided (date
of service, duration of service, type of MAT service, specific MAT
medication, and any other applicable information, including
frequency of dosage).
g.Date, duration, and participants who attended for treatment or case
management group sessions.
h.Discharge date and type (unsuccessful discharge or successful
discharge, depending on whether the individual is actively
participating in the JBBS program at the time of discharge). BHA
utilizes discharge and admission dates to approximate sentence
length and measure progress toward shortening sentence lengths.
i.Date tracked and treatment status in the community, tracked at
month 1, month 2, month 6, and month 12 after discharge.
j.The Contractor or Contractor’s designated subcontractor shall
Exhibit A-1
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complete Drug Alcohol Coordinated Data System (DACODS),
Colorado Client Assessment Records (CCAR), and Encounters - or
other BHA prescribed data system records, according to the
following schedule:
a.Encounters are due by the last business day of each month
for all services provided during the previous month.
b.CCARs are due by the last business day of the month
following the admission, annual update, or discharge of a
client.
c.DACODS are due by the 15th of the following month for
admissions into, and discharges from, JBBS services.
See the latest version of the Finance & Data Protocol
Protocol #1 Special Studies Codes and Eligibility for more
details.
d. Workgroup Attendance. BHA facilitates JBBS Program Meetings every other
month. The Contractor shall ensure that a representative from each jail participates
in the meetings. The representative(s) who attends the meetings shall be
responsible for relaying the information discussed during the meetings to the rest of
the Contractor’s program organizational structure.
e.Critical Incidents. The Contractor shall ensure any critical incident involving a
JBBS client that occurs within the jail, is documented and shared with the
Behavioral Health Administration via an encrypted email to
cdhs_ci_bha@state.co.us, within 24 hours of the time the incident occurs. It is
recommended that the Contractor include this reporting requirement in all
subcontractor agreements. The documentation should include the following:
i.Date and time of incident.
ii. Location of the incident.
iii.The nature of the incident.
iv.How the incident was resolved.
v. Name[s] of staff present.
vi.Whether the incident resulted in any physical harm to the participant or
any staff.
f.Copy of Proposed Subcontract. The Contractor shall provide to BHA a copy of
any proposed subcontract between the Contractor and any potential provider of
services to fulfill any requirements of this Contract, to cdhs_jbbs@state.co.us within
30 days of subcontract execution. The subcontract will be evaluated to ensure it is
in compliance with the maximum rates established in the Annual Budget document
provided by BHA.
g.Site Visits. The JBBS Program Manager(s) may conduct site visits for the
purpose of providing technical assistance support and quality assurance monitoring
of the program on a periodic/as needed basis.
h.Monthly Contract Monitoring Tool. The Contractor shall submit a completed
contract monitoring tool to their assigned JBBS program manager no later than the
20th of the month with the prior months information. JBBS program managers will
update this internally.
i.Plan of Action. Contractors who do not meet the deliverables above, or any
additional deliverables listed below, for which they have been provided funding,
shall be asked to submit a plan of action to improve program performance for the
current or next fiscal year.
j.Monthly BHA Invoice. Invoices will be submitted to
cdhs_bhapayment@state.co.us by the 20th of the following month. Only one
Exhibit A-1
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month’s expenses are allowed per invoice. Supporting documentation will only be
required in the event of an audit, but these records should be maintained by the
Contractor.
k.Spending Projection Plan. If a contractor is underspent by greater than 40% of
their budget by mid fiscal year (Nov 30), Contractor shall submit a spending
projection plan. Failure to submit the spending plan and failure to effectively utilize
funding could result in reduction in the current year budget.
l.Behavioral Health Screenings:
i. Individuals involved in the JBBS program are required to complete an
evidence based behavioral health screen for each of the following five
categories: Substance Use Disorder, Mental Health, Suicide, Trauma and
Traumatic Brain Injury. This information should be used to formulate a
comprehensive treatment plan to include appropriate referrals.
ii. For individuals who are admitted to the JBBS program and are in custody
more than 30 days, it is recommended that a Level of Supervision Inventory
(LSI/LSI-R) risk assessment be completed.
1.2 Additional Deliverables Related to Pre-Sentence Reentry Coordinator Services
a. Data Entry. The Contractor or designated subcontractor shall complete all
applicable data fields in the JBBS (Civicore) Database or another data system as
prescribed by BHA. All data entry shall be updated on an ongoing basis, and must
reflect current individual enrollment and services provided by the 15th of each
month following the month when the service was provided. In addition to the data
reporting requirements outlined in Part 8, Article 1, Section 1.1, Subsection c,
above, the following additional data related to Pre-Sentence Reentry shall be
collected:
i. Whether the individual is pre-sentence at time of admission (checkbox in
JBBS (CiviCore) Database.
1.3 Additional Deliverables Related to Jail Medication-Assisted Treatment
a. Organizational Structure. All Contractors participating in JBBS shall determine
and provide an organizational structure designed to facilitate and promote effective
MAT program administration. Describe the use of evidence based best practices for
coordination of care for identified inmates. This report is due via email to
cdhs_jbbs@state.co.us by August 1 annually.
b. Policies. Prior to MAT services being delivered, the Contractor shall provide
BHA a written policy for their intended Jail MAT service delivery method, via email
to cdhs_jbbs@state.co.us. Contact JBBS Program Manager for additional
information on creating MAT policies.
c.Barrier Reports. If Contractor does not deliver any part of these deliverables,
Contractor shall submit a report detailing the barrier(s) Contractor is experiencing
that have prevented the service delivery. Describe the capacity or efforts needed to
get the jail into compliance, including but not limited to withdrawal management,
screening, and coordination of care for inmates identified for MAT. The report is due
via email to cdhs_jbbs@state.co.us by August 1 annually.
d. Work Plan and Budget Submission/Approval. In order to access MAT funds,
Contractor must submit a work plan selecting an MAT tier and describing how the
funds will be used. If Contractor’s proposed budget exceeds the soft cap described
in its tier (described in Part Six, article 3.5 above), Contractor shall provide an initial
budget to the BHA JBBS Program Manager with Contractor submission of the work
plan. BHA JBBS Program Manager will respond with an approval, a request for
Exhibit A-1
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more information, or a rejection with cause. Budgets in excess of the proposed soft
cap must be approved in advance in writing by the BHA JBBS Program Manager.
Contractors with ongoing MAT programs must submit the workplan and budget by
June 1 annually for the upcoming state fiscal year (beginning July 1). Contractors
beginning new MAT programs must submit the workplan and budget prior to
commencing services billed to this fund. Contractor work may not commence until
the work plan and budget are approved by the BHA JBBS Program Manager.
e. Data Entry. The Contractor or designated subcontractor shall complete all
applicable data fields as outlined in Part 8, Article 1, Section 1.1, Subsection c,
above. Data shall be entered in the JBBS (Civicore) Database or another data
system as prescribed by BHA. All data entry shall be updated on an ongoing basis,
and must reflect current individual enrollment and services provided by the 15th of
each month following the month when the service was provided.
1.4 Additional Deliverables Related to JBBS TECHNICAL ASSISTANCE (HB 22-1326)
a. Work Plan. Contractor shall provide a work plan outlining the jail’s intended use
for the TA funding for no later than 30 days from the date this amendment is
executed. If jails decline the funding, a written explanation will be provided by 30
days from when this amendment is executed.
1.5 MAT Reporting Metrics Related to JBBS TECHNICAL ASSISTANCE (HB 22-1326)
a. Number of Individuals Served - Number of unduplicated incarcerated individuals
who have received MAT services (medication or service) under the JBBS umbrella.
This metric will be reported quarterly effective July 1, 2023.
b.Medication Compliance - Number of individuals who have engaged in Jail-MAT
services under the JBBS umbrella, who have successfully transitioned to a provider
for further treatment or ongoing evaluation for MAT services, including community-
based or Department of Corrections settings. This metric will be reported quarterly
effective July 1, 2023.
c.A template will be provided to each participating jail and will be requested on a
quarterly basis by JBBS Program Manager(s).
Table 1
Below is the deliverables table required by BHA, for each JBBS related service.
Program Deliverable Due Date Responsible
Party
Deliver to
All Provide annual
work plan
By EOB May 1,
for the
following fiscal
year
Contractor cdhs_jbbs@state.co.us
Exhibit A-1
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All BHA invoice By 20th of
following
month for
previous
month’s
expenses
Contractor cdhs_BHApayment@st
ate.co.us
All Report critical
incidents
Within 24
hours of
incident
Contractor cdhs_ci_BHA@state.co.us
All Provide JBBS
annual report
By EOB July
31 of the
current year
Contractor cdhs_jbbs@state.co.us
All Workgroup
attendance
Quarterly Contractor Locations TBD
All Send BHA copy
of vendor(s)
subcontract(s)
Within 30 days
of contract
being signed
Contractor cdhs_jbbs@state.co.us
All Site Visits Ongoing / as
needed
BHA Locations TBD
All Contract
Monitoring Tool
Ongoing, by
the 20th of
each month for
all services
provided
during the
previous month
Contractor JBBS Program
Manager
Pre-sentence
Reentry
Coordinator
Services
Data entry specific
to Pre-Sentence
Reentry Coordinator
Services
Ongoing, by
the 15th of
each month for
all services
provided
during the
previous month
Contractor or
designated
subcontractor
JBBS Civicore
Database
Jail Based Behavioral
Health Services
MAT Organizational
structure
August 1
(annually)
Contractor cdhs_jbbs@state.co.us
Exhibit A-1
Page 28 of 33
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MAT MAT Policies Prior to MAT
services being
delivered
Contractor cdhs_jbbs@state.co.us
MAT Barrier Reports August 1
(annually)
Contractor cdhs_jbbs@state.co.us
MAT Work Plan and
Budget
Submission/
Approval
Within five (5)
business days
of plan
submission
Contractor cdhs_jbbs@state.co.us
MAT Data Entry
Specific to MAT
Ongoing, by
the 15th of
each month for
all services
provided
during the
previous month
Contractor or
designated
subcontractor
JBBS Civicore
Database
Jail Based Behavioral
Health Services
JBBS MAT TA
(HB 22-1326)
Work Plan and
Budget
Submission/
Approval
Within five (5)
business days
of plan
submission
Contractor or
designated
subcontractor
cdhs_jbbs@state.co.us
JBBS Work Plan
1. Identify the Project Name, Purpose and Timeline
i. The Project Name will be either JBBS/Substance Use Disorder
Treatment, JBBS/Mental Health Treatment, JBBS/Pre-Sentence
Coordinator, or JBBS/Medication Assisted Treatment (MAT).
ii. The Purpose will include what you hope to accomplish by
providing JBBS services in your facilities.
iii. The Timeline will be July 1, 2023 - June 30, 2024
2. Put Your Work Plan Into Context
i. This should include an introduction and background of the facility’s
JBBS program.
ii. Write an introduction and background to better outline why you
need this project to happen - Creating context and establishing the
problem, helps explain why you need the solution. Examples could
include an increase in substance abuse usage, increase in mental
health disorders, increased jail population, high recidivism rates,
Colorado state statute requirements, etc…
iii. Describe the overall goal of the JBBS program. Examples can
include who is eligible for services, how will referrals to the program
be made, what are the admission criteria, how services will be
provided, etc…
Exhibit A-1
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iv. If the facility is a new JBBS program, please include a brief
summary of how and why JBBS services will be implemented into
your facility, and what you hope to gain from this program.
3.Establish Your Goals and Objectives: Goals and objectives should be developed
in an integrated, multi-disciplinary fashion, which includes the active and ongoing
participation of the offender, jail staff and community providers. Examples could
include:
i.What are / will be, the assessments and screenings between
subcontracted treatment provider agencies?
ii. How will you interface with other agencies serving persons with
substance use disorders or co-occurring mental illnesses, (i.e.,
community mental health centers, substance use disorder treatment
programs, service programs for Veterans, community service
agencies, and other licensed clinicians in private practice), to meet
individuals’ treatment needs?
iii. What is the service array available within the community to
program participants upon their release from jail, OR, if there are
limited services available in your area, highlight this as a potential
barrier.
iv.Which recovery support services (RSS) are most needed in your
community and/or catchment area and how will the provider or
Sheriff’s Department use a portion of their budget to meet these
needs?
v. What security protocol and reporting requirements are expected
from the treatment provider?
vi.What is the current capacity or efforts to screen all individuals
booked into the jail facility for mental health, suicidality and
substance use histories and needs?
vii. What are/will be, the continuum of services being offered,
pursuant to this Contract based on evidence based curricula?
viii.What will the frequency and duration of services offered look
like? Discuss the availability of services during the week and hours of
operation, as well as include a breakdown of staff time (FTE)
allocated to the program, credentials and general duties of each
position.
4.Define and Coordinate Your Resources:
i.Determine and provide an organizational structure designed to
facilitate and promote effective administration of the JBBS program
(should include jail staff as well as any subcontracted staff).
ii. Describe how you plan to link offenders with community services
upon their release from custody.
5. Understand Your Constraints: Are there any obstacles that are going to get in the
way of providing these services?
i. Examine if there are any barriers to treatment within the jail? Within
the community?
ii. If so, it is possible to address these and, if so, how do you plan to
do that?
6.Discuss Risks and Accountability: Here you will highlight any foreseeable risks to
the program, as well as who will be accountable for each aspect of the program.
Exhibit A-1
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i. Activities, services, budgets, plans, timelines, goals, and outcome
measures included in the Work Plan shall be interpreted as being
material contractual performance requirements, outcomes,
measures, and contract deliverables of the Contractor.
The work plan, once approved by BHA, shall be incorporated into this Contract by
reference as work requirements of the Contractor supplemental to Contractor work
requirements under the current Contract Exhibit A, Statement of Work, as amended.
Please use the template provided below to complete your work plan.
Jail Based Behavioral Services (JBBS) Program
Work Plan Template
Using the JBBS Statement of Work, please design a work plan based on the
five (5) criteria listed below. The Annual Work Plan should specify the
following information for each service in which the Contractor (jail) will
participate in:
1.Identify the Project Name, Purpose and Timeline
- The Project Name ( ___ County JBBS)
- The Purpose
- The Timeline will be July 1, 2023 - June 30, 2024
2. Put Your Work Plan Into Context:
-It is here where you will write an introduction and background of your JBBS
program
-Write an introduction and background to better outline why you need this
project to happen - Creating context and establishing the problem, helps
explain why you need the solution!
*Examples could include an increase in substance abuse
usage, increase in mental health disorders, increased jail
population, high recidivism rates, Colorado state statutes
requirements, etc…
- Describe the overall goal of the JBBS program
*Examples can include who is eligible for services, how will
referrals to the program be made, what are the admission
criteria, how services will be provided, etc…
- If your facility is a new JBBS program, please include a brief summary of
how and why JBBS services will be implemented into your facility, and what
you hope to gain from this program
Exhibit A-1
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DocuSign Envelope ID: 9AF7430C-C209-4623-9E72-48F831700BED
3.Establish Your Goals and Objectives: Goals and objectives should be
developed in an integrated, multi-disciplinary fashion, which includes the active and
ongoing participation of the offender, jail staff and community providers. Examples
could include:
- What are / will be, the assessments and screenings between subcontracted
treatment provider agencies?
- How will you interface with other agencies serving persons with substance
use disorders or co-occurring mental illnesses, (i.e., community mental
health centers, substance use disorder treatment programs, service
programs for Veterans, community service agencies, and other licensed
clinicians in private practice), to meet individuals’ treatment needs?
-What is the service array available within the community to program
participants upon their release from jail, OR, if there are limited services
available in your area, highlight this as a potential barrier.
- Which Recovery Support Services (RSS) are most needed in your
community and/or catchment area and how the provider or Sheriff’s
Department will use a portion of their budget to meet these needs?
- What security protocol and reporting requirements are expected from the
treatment provider?
- What is the current capacity or efforts to screen all individuals booked into
the jail facility for mental health, suicidality and substance use histories and
needs?
- What are/will be, the continuum of services being offered, pursuant to this
Contract based on evidence based curricula?
- What will the frequency and duration of services offered look like? Discuss
the availability of services during the week and hours of operation, as well as
include a breakdown of staff time (FTE) allocated to the program, credentials
and general duties of each position.
4.Define and Coordinate Your Resources
- Determine and provide an organizational structure designed to facilitate and
promote effective administration of the JBBS program (should include jail
staff as well as any subcontracted staff)
- Describe how you plan to link offenders with community services upon their
release from custody
5.Understand Your Constraints:
- Are there any obstacles that are going to get in the way of providing these
services?
-Examine if there are any barriers to treatment within the jail? Within the
community?
-If so, it is possible to address these and, if so, how do you plan to do that?
Exhibit A-1
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6.Discuss Risks and Accountability: Here you will highlight any foreseeable
risks to the program, as well as who will be accountable for each aspect of the
program.
Exhibit A-1
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BHA Program JBBS
Project Name JBBS
MD/DO *
Pharmascist (Pharm-D)
Registered Nurse *
Data Entry Clerk
Peer Support Specialist
Qualified Medication Administration Person (QMAP)
Mental Health Treatment State General Fund $99,425.00
HB 22-1326 Technical Assistance Federal Grant $7,500.00
Total Contract $206,350.00
JBBS RATE SCHEDULE
Statewide Maximum Salaries
Positions should be hired at salary levels indicative of qualifications, experience, and organization pay schedules. This table indicates a maximum salary only. It
is understood that many positions will be hired at lower salary levels than the state maximum.
Licensed Therapist (LPC/LCSW/LAC/LMFT)*$82,400/year
Unlicensed Master's Level Therapist or Substance Abuse Counselor (example CAS)*$66,950/year
Unlicensed Bachelor's Level Therapist or Substance Abuse Counselor (example
CAS)*
$61,800/year
$56,650/year
JBBS Program Administrator (Primary responsibility of managing the jail's JBBS
program.) *
Pre-sentence Coordinator *
Case Manager (CM) *
Certified Addiction Technician (CAT)$43,260/year
Physician Assistance (PA) *$123,600/year
$258,805/year
$100,522/year
$70,00/year
EXHIBIT B-1, FY24 ANNUAL BUDGET
Agency Name Pitkin County
Program Contact, Title Dan Fellin, Sheriff
Phone 970-429-3358
Email dan.fellin@pitkinsheriff.com
April 24, 2023
State General Fund $99,425.00
Email
Date Completed
SERVICE CATEGORIES
Services (Fixed Price per rate Schedule)Funding Source Total
Substance Use Disorder Treatment
Budget Period July 1, 2023 - June 30, 2024
Fiscal Contract, Title Dan Fellin, Sheriff
Phone 970-429-3358
dan.fellin@pitkinsheriff.com
$131,933/year
$74,160/year
$41,200/year
$35,000/year
$15.50/hour
*BHA will reimburse salaries up to the state maximum
*BHA may consider rates 10% above statewide maximum salaries pending justification from jails and written pre-approval by BHA
Travel
Mileage (IRS rate)$0.66/mile
Operating Expenses
Maximum total percentage of contract budget 10%
Training and continuing education for jail employees/clinicians (including but not limited to QMAP, CIT, Motivational Interviewing, Mental Health First Aid, Trauma Informed
Care, (Certified Addiction Specialist -Classes only) may be included in the operating expenses
BHA may pay for one licensing test per clinician (NCE, MAC, NCAC). Up to $200 per clinician, per test.
BHA may consider operating expenses above 10% of total contract budget pending justification from jails and written pre-approval by BHA
Indirect Expenses
10%
BHA may consider operating expenses above 10% of total contract budget pending justification from jails and written pre-approval by BHA
RECOVERY SUPPORT SERVICES
Maximum total percentage of contract budget
Allowed Services *
Application Fees ID / Birth Certificates
Indigent Backpacks
Basic Hygiene Items
Additional Notes
FY24 JBBS Budget Page 1 of 2
Exhibit B-1
DocuSign Envelope ID: 9AF7430C-C209-4623-9E72-48F831700BED
Food Assistance
$230/unit
MEDICATIONS
TECHNICAL ASSISTANCE / ALLOWABLE EXPENSES PURSUANT TO HB 22-1326 Pending approval of budget plans ( these federal funds must be used by June 30, 2024)
Revised 04_25_2023
DEA Licensing services
Transportation Assistance
Transportation to Residential Treatment
UA / BAs
Naloxone (Narcan)
Vivitrol
&
MEDICATIONS
Medication reimbursement will be based on a) providers established rate or b) jail purchase agreement rate or c) in the absence of an established rate or jail
purchase agreement rate the following BHA rate schedule.
Medication Rate
Methadone $18/day - Treatment, incl medication, integrated psychosocial, & medical support services
Naltrexone (oral)$39/day
$20-$40/dose - **Contact CDPHE for discounted rate**
$1,185/unit; 100mg/0.5mL and 300mg/1.5mL (extended release) Uninsured pricing cost
Depot-naltrexone (injectable) (Vivitrol)$1,185/unit
Buprenorphine - 8mg tablet
Buprenorphine (transdermal film ER) 20 mcg/hr
Buprenorphine (transdermal film ER) 15 mcg/hr
$316/unit
$135/unit
$192/unit
$108/unit
1 month limit per client, per childChild Care
Clothing
Educational Costs ( books, supplies, and fees)
Emergency Housing/Rental Assistance
Gas Vouchers
Buprenorphine (transdermal film, ER) 5 mcg/hr
Buprenorphine (transdermal film, ER) 7.5 mcg/hr
Buprenorphine (transdermal film ER) 10 mcg/hr
Phone Cards
Pre-paid Cell Phones
Printed Resources
Out of state travel to treatment will need prior approval by BHA
Limit of $100.00 per person
1 month limit per client
Limit of $250.00 per person
30 day limit per person
Limit of $15.00 per person
To be paid for upon release and after client attends 2 appointments in the
community.
Cost of the phone and up to 2 months of bills.
Bicycles
Bus Pass – Daily, Monthly
May be provided if client is engaged in treatment services for 2 + months post
release. 1 bike per person.
90 day limit per person
$28/month
Buprenorphine - 2mg tablet $19/month
Utilities
Life Skills Training
Medical Assistance – copays / infectious disease testing
Medications
Personal Care (eg. haircuts)
GED Program / Testing
Job Placement Training
Human Services collaboration as it pertains to Medicaid enrollment
Translation services when needed
Community reentry services for offender transition
Delivery of MAT medications to the facility
Staffing services related to the implementation of MAT
Training needs for staff as related to MAT
Consulting services as it relates to MAT
Advertising, marketing, or PR services as they relate to MAT
FY24 JBBS Budget Page 2 of 2
Exhibit B-1
DocuSign Envelope ID: 9AF7430C-C209-4623-9E72-48F831700BED
Supplemental Provisions for Federal Awards Page 1 of 10
Revised December 2021
EXHIBIT E - Supplemental Provisions for Federal Awards
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), and/or
exhibit regarding SLFRF Federal Provisions, the terms re FFATA and/or SLFRF shall control. If the source of the funding
of the Contract is a grant, these Federal Provisions are subject to the Award as defined in §2 of these Federal Provisions,
as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institutions of
higher education.
1)Federal Award Identification
i. Subrecipient: County of Pitkin;
ii. Subrecipient UEI number: D3J2PX2ARRJ7;
iii.The Federal Award Identification Number (FAIN) is: SLFRP0126;
iv.The Federal award date is: July 1, 2021;
v.The subaward period of performance start date is July 1, 2023, and end date is June 30, 2024;
vi.Federal Funds:
Contract or
Fiscal Year
Amount of Federal funds
obligated by this Contract
Total amount of Federal
funds obligated to the
Subrecipient
Total amount of the
Federal Award committed
to Subrecipient by CDHS
FY 2024 ARPA $7,500 $7,500 $7,500
vii.Federal award project description: provide recovery support services to target populations.
viii.The name of the Federal awarding agency is Substance Abuse and Mental Health Services Administration
(SAMHSA); the name of the pass-through entity is the State of Colorado, Department of Human Services
(CDHS); and the contact information for the awarding official for MHBG is: Steven Fry, Division of Grants
Management, SAMHSA, 7-1109, 1 Choke Cherry Road, Rockville, MD 20857, 240-276-1422,
Steven.Fry@samhsa.hhs.gov.;
ix.The Catalog of Federal Domestic Assistance (CFDA) number is 21.027, name is American Rescue Plan Act,
and dollar amount is $3,000,000.00;
x.This award is not for research & development;
xi.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 CDHS cost allocation plan.
2)All requirements imposed by CDHS on Subrecipient so that the Federal award is used in accordance with Federal
statutes, regulations, and the terms and conditions of the Federal award, are stated in Exhibit A-1, Exhibit B-1, and
Exhibit F.
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3)Any additional requirements that CDHS imposes on Subrecipient in order for CDHS to meet its own responsibility to
the Federal awarding agency, including identification of any required financial and performance reports, are stated in
Exhibit A-1, Exhibit B-1, and Exhibit F.
4)Subrecipient’s approved indirect cost rate is: 0 %.
5)Subrecipient must permit CDHS and auditors to have access to Subrecipient’s records and financial statements as
necessary for CDHS 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 Exhibit and
N/A.
7)Performance and Final Status. Subrecipient shall submit all financial, performance, and other reports to CDHS no
later than 30 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
If a box below is checked, the accompanying provision applies.
i. Subrecipient is not required to provide matching funds.
ii.☐ Subrecipient shall provide matching funds as stated in n/a. Subrecipient shall have raised the full
amount of matching funds prior to the Effective Date and shall report to CDHS regarding the status of suchfunds 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 theauthorized representatives of the Subrecipient and paid into the Subrecipient’s treasury or bank account.Subrecipient represents to CDHS 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 fiscalyears, and this Contract is not intended to create a multiple-fiscal year debt of the Subrecipient. Subrecipientshall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except asrequired by Subrecipient’s laws or policies.
1.DEFINITIONS.
1.1. For the purposes of these Federal Provisions, the following terms shall have the meanings ascribed to them
below.
1.1.1. “Award” means an award of Federal financial assistance, and the Contract setting forth the terms and conditions of that financial assistance, that a non-Federal Entity receives or administers.
1.1.1.1.1. Awards may be in the form of:
1.1.1.1.2. Grants;
1.1.1.1.3. Contracts;
1.1.1.1.4. Cooperative Contracts, which do not include cooperative research and development Contracts (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as amended (15 U.S.C. 3710);
1.1.1.1.5. Loans;
1.1.1.1.6. Loan Guarantees;
1.1.1.1.7. Subsidies;
1.1.1.1.8. Insurance;
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1.1.1.1.9. Food commodities;
1.1.1.1.10. Direct appropriations;
1.1.1.1.11. Assessed and voluntary contributions; and
1.1.1.1.12. Other financial assistance transactions that authorize the expenditure of Federal funds by non-Federal Entities.
1.1.1.1.13. Any other items specified by OMB in policy memoranda available at the OMB website or other source posted by the OMB.
1.1.1.2. Award does not include:
1.1.1.2.1. Technical assistance, which provides services in lieu of money;
1.1.1.2.2. A transfer of title to Federally-owned property provided in lieu of money; even if the award is called a grant;
1.1.1.2.3. Any award classified for security purposes; or
1.1.1.2.4. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of the American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111-5).
1.1.2. “Contract” means the Contract to which these Federal Provisions are attached and includes all Award types in § of this Exhibit.
1.1.3. “Contractor” means the party or parties to a Contract funded, in whole or in part, with Federal financial assistance, other than the Prime Recipient, and includes grantees, subgrantees, Subrecipients, and borrowers. For purposes of Transparency Act reporting, Contractor does not include Vendors.
1.1.4. “Data Universal Numbering System (DUNS) Number” means the nine-digit number established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet’s website may be found at: http://fedgov.dnb.com/webform.
1.1.5. “Entity” means:
1.1.5.1. If the source of funding is a Grant:
1.1.5.1.1. a Non-Federal Entity;
1.1.5.1.2. a foreign public entity;
1.1.5.1.3. a foreign organization;
1.1.5.1.4. a non-profit organization;
1.1.5.1.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
1.1.5.1.6. a foreign non-profit organization (only for 2 CFR part 170) only);
1.1.5.1.7. a Federal agency, but only as a Subrecipient under an Award or Subaward to a non-Federal entity (or 2 CFR 200.1); or
1.1.5.1.8. a foreign for-profit organization (for 2 CFR part 170 only).
1.1.5.2. If the source of funding is not a Grant:
1.1.5.2.1. all of the following as defined at 2 CFR part 25, subpart C;
1.1.5.2.2. A governmental organization, which is a State, local government, or Indian Tribe;
1.1.5.3. a foreign public entity;
1.1.5.4. a domestic or foreign non-profit organization;
1.1.5.5. a domestic or foreign for-profit organization; and
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1.1.5.6. a Federal agency, but only a Subrecipient under an Award or Subaward to a non-Federal entity.
1.1.6. “Executive” means an officer, managing partner or any other employee in a management position.
1.1.7. If the source of funding is a Grant, “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient as described in 2 CFR 200.1. If the source of funding is not a Grant, “Federal
Award Identification Number (FAIN)” means an Award number assigned by a Federal agency to a Prime Recipient.
1.1.8. “FFATA” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252. FFATA, as amended, also is referred to as the “Transparency Act.”
1.1.9. “Federal Provisions” means these Federal Provisions subject to the Transparency Act and Uniform Guidance, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institutions of higher education.
1.1.10. If the source of funding is a Grant, “Grant” as used herein is the Contract to which these Federal Provisions are attached.
1.1.11. “Grantee” means the party or parties identified as such in the Grant to which these Federal Provisions are
attached if the source of funding is a Grant.
1.1.12. “Non-Federal Entity means a State, local government, Indian tribe, institution of higher education, or nonprofit organization that carries out a Federal Award as a Recipient or a Subrecipient.
1.1.13. “Nonprofit Organization” means any corporation, trust, association, cooperative, or other organization, not including IHEs, that:
1.1.13.1. Is operated primarily for scientific, educational, service, charitable, or similar purposes in the
public interest;
1.1.13.2. Is not organized primarily for profit; and
1.1.13.3. Uses net proceeds to maintain, improve, or expand the operations of the organization.
1.1.14. “OMB” means the Executive Office of the President, Office of Management and Budget.
1.1.15. “Pass-through Entity” means a non-Federal Entity that provides a Subaward to a Subrecipient to carry out part of a Federal program.
1.1.16. “Prime Recipient” means a Colorado State agency or institution of higher education that receives an Award, or, of the source of funding is a Grant it is that agency or institution identified as the Grantor in the Grant
to which these Federal Provisions are attached.
1.1.17. “Subaward” means an award by a Prime Recipient to a Subrecipient funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to the Subaward unless the terms and
conditions of the Federal Award specifically indicate otherwise in accordance with 2 CFR 200.101 or 2 CFR 200.38, as applicable. The term does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program.
1.1.18. “Subrecipient” or, if the source of funding is a Grant, “Subgrantee” means a non-Federal Entity (or a Federal agency under an Award or Subaward to a non-Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal project or program for which the Federal funds were
awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the Prime Recipient, including program compliance requirements. The term “Subrecipient” includes and may be referred to as Subgrantee. The term does not include an individual who is a beneficiary of a federal program.
1.1.19. “Subrecipient Parent DUNS Number” means the subrecipient parent organization’s 9-digit Data Universal Numbering System (DUNS) number that appears in the subrecipient’s System for Award Management (SAM) profile, if applicable.
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1.1.20. “System for Award Management (SAM)” means the Federal repository into which an Entity must enter the information required under the Transparency Act, which may be found at http://www.sam.gov.
1.1.21. “Total Compensation” means the cash and noncash dollar value earned by an Executive during the Prime Recipient’s or Subrecipient’s preceding fiscal year (see 48 CFR 52.204-10, as prescribed in 48 CFR 4.1403(a), as applicable) and includes the following:
1.1.21.1. Salary and bonus;
1.1.21.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based Payments;
1.1.21.3. Earnings for services under non-equity incentive plans, not including group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried employees;
1.1.21.4. Change in present value of defined benefit and actuarial pension plans;
1.1.21.5. Above-market earnings on deferred compensation which is not tax-qualified;
1.1.21.6. Other compensation, if the aggregate value of all such other compensation (e.g., severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the Executive exceeds $10,000.
1.1.22. “Transparency Act” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law
109-282), as amended by §6202 of Public Law 110-252. The Transparency Act may also be referred to as FFATA.
1.1.23. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards, which, unless the source of funding is a Grant, supersedes requirements from OMB Circulars A-21, A-87, A-110, and A-122, OMB Circulars A-89, A-102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up. The terms and
conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal Award specifically indicate otherwise.
1.1.24. “Vendor” means a dealer, distributor, merchant or other seller providing property or services required for a project or program funded by an Award. A Vendor is not a Prime Recipient or a Subrecipient and is not subject to the terms and conditions of the Federal award. Program compliance requirements do not pass through to a Vendor.
2. COMPLIANCE.
2.1. Contractor/Grantee shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance, including, but not limited to, all applicable Federal Laws and regulations required by this Federal Award. Any revisions to such provisions or
regulations shall automatically become a part of these Federal Provisions, without the necessity of either party executing any further instrument. The State of Colorado, at its discretion, may provide written notification to Contractor/Grantee of such revisions, but such notice shall not be a condition precedent to the effectiveness of
such revisions.
3. SYSTEM FOR AWARD MANAGEMENT (SAM) AND DATA UNIVERSAL NUMBERING SYSTEM (DUNS) REQUIREMENTS.
3.1. SAM. Contractor/Grantee shall maintain the currency of its information in SAM until the Contractor/Grantee submits the final financial report required under the Award or receives final payment, whichever is later. Contractor/Grantee shall review and update SAM information at least annually after the initial registration, and
more frequently if required by changes in its information.
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3.2. DUNS. Contractor/Grantee shall provide its DUNS number to its Prime Recipient, and shall update Contractor’s/Grantee’s information in Dun & Bradstreet, Inc. at least annually after the initial registration, and
more frequently if required by changes in Contractor’s/Grantee’s information.
4. TOTAL COMPENSATION.
4.1. Contractor/Grantee shall include Total Compensation in SAM for each of its five most highly compensated
Executives for the preceding fiscal year if:
4.1.1. The total Federal funding authorized to date under the Award is $30,000 or more if the source of funding is a Grant, or otherwise $25,000 or more if the source of funding is not a Grant; and
4.1.2. In the preceding fiscal year, Contractor/Grantee received:
4.1.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and
4.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act if the source of funding is a Grant or otherwise $25,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act if the source of funding is not a Grant; and
4.1.2.3. The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986.
5. REPORTING.
5.1. If Contractor/Grantee is a Subrecipient of the Award pursuant to the Transparency Act, Grantee shall report data elements to SAM and to the Prime Recipient as required in this Exhibit. No direct payment shall be made
to Grantee for providing any reports required under these Federal Provisions and the cost of producing such reports shall be included in the Contract/Grant price. The reporting requirements in this Exhibit are based on guidance from the US Office of Management and Budget (OMB), and as such are subject to change at any time
by OMB. Any such changes shall be automatically incorporated into this Contract/Grant and shall become part of Contractor’s/Grantee’s obligations under this Contract/Grant.
6. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING.
6.1. If the source of funding is a Grant, Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial award is $30,000 or more. If the initial Award is below $30,000 but subsequent Award modifications result in a total Award of $30,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $30,000. If the initial Award is $30,000 or more, but funding is subsequently de-obligated such that the total award amount falls below $30,000, the Award shall continue to be subject to
the reporting requirements.
6.2. If the source of funding is not a Grant, Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial award is $25,000 or more. If the initial Award is below $25,000 but subsequent Award
modifications result in a total Award of $25,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently de-obligated such that the total award amount falls below $25,000, the Award shall continue to be subject to
the reporting requirements.
6.3. The procurement standards in §9 below are applicable to new Awards made by Prime Recipient as of December 26, 2015. The standards set forth in §11 below are applicable to audits of fiscal years beginning on or after
December 26, 2014.
7. SUBRECIPIENT REPORTING REQUIREMENTS.
7.1. If Contractor/Grantee is a Subrecipient, Contractor/Grantee shall report as set forth below.
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7.1.1. To SAM. A Subrecipient shall register in SAM and report the following data elements in SAM for each Federal Award Identification Number (FAIN) assigned by a Federal agency to a Prime Recipient no later
than the end of the month following the month in which the Subaward was made:
7.1.1.1. Subrecipient DUNS Number;
7.1.1.2. Subrecipient DUNS Number if more than one electronic funds transfer (EFT) account;
7.1.1.3. Subrecipient parent’s organization DUNS Number;
7.1.1.4. Subrecipient’s address, including: Street Address, City, State, Country, Zip (+ 4 if source of funding is a Grant or as otherwise directed per SAM directives for proper reporting), and
Congressional District;
7.1.1.5. Subrecipient’s top 5 most highly compensated Executives if the criteria in §4 above are met; and
7.1.1.6. Subrecipient’s Total Compensation of top 5 most highly compensated Executives if the criteria in §4 above met.
7.1.2. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the Contract/Grant, the following data elements:
7.1.2.1. Subrecipient’s DUNS Number as registered in SAM.
7.1.2.2. Primary Place of Performance Information, including: Street Address, City, State, Country, Zip code + 4, and Congressional District.
8. PROCUREMENT STANDARDS.
8.1. Procurement Procedures. A Subrecipient shall use its own documented procurement procedures which reflect applicable State, local, and Tribal laws and applicable regulations, provided that the procurements conform to applicable Federal law and the standards identified in the Uniform Guidance, including without limitation, 2
CFR 200.318 through 200.327 thereof.
8.2. If the source of funding is a Grant: Domestic preference for procurements (2 CFR 200.322). As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a
Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.
8.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of a political subdivision of the State, its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the
highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
9. ACCESS TO RECORDS.
9.1. A Subrecipient shall permit Recipient/Prime Recipient and its auditors to have access to Subrecipient’s records and financial statements as necessary for Recipient to meet the requirements of 2 CFR 200.311-200.332 (Requirements for pass-through entities), 2 CFR 200.300 (Statutory and national policy requirements) through
2 CFR 200.309 (Period of performance), and Subpart F-Audit Requirements of the Uniform Guidance.
10. SINGLE AUDIT REQUIREMENTS.
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10.1. If a Subrecipient expends $750,000 or more in Federal Awards during the Subrecipient’s fiscal year, the 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.
10.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with Uniform Guidance 2 CFR
200.514 (Scope of audit), except when it elects to have a program-specific audit conducted in accordance with 2 CFR 200.507 (Program-specific audits). The Subrecipient may elect to have a program-specific audit if Subrecipient expends Federal Awards under only one Federal program (excluding research and
development) and the Federal program’s statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of Prime Recipient. A program-specific audit may not be elected for research and development unless all of the Federal Awards expended were received from Recipient and Recipient approves in advance a program-specific audit.
10.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during its fiscal year, the Subrecipient shall be exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503 (Relation to other audit requirements), but records shall be available for review or audit by appropriate officials of the Federal agency, the State, and the Government Accountability Office.
10.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise arrange for the audit required by Subpart F of the Uniform Guidance and ensure it is properly performed and submitted when due in accordance with the Uniform Guidance. Subrecipient shall prepare appropriate financial statements,
including the schedule of expenditures of Federal awards in accordance with 2 CFR 200.510 (Financial statements) and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required by Uniform
Guidance Subpart F-Audit Requirements.
11. CONTRACT/GRANT PROVISIONS FOR SUBRECEPIENT CONTRACTS.
11.1. In addition to other provisions required by the Federal Awarding Agency or the Prime Recipient,
Contractors/Grantees that are Subrecipients shall comply with the following provisions. Subrecipients shall include all of the following applicable provisions in all subcontracts entered into by it pursuant to this Contract/Grant.
11.1.1. [Applicable to federally assisted construction contracts.] Equal Employment Opportunity. 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 shall include 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.
11.1.2. [Applicable to on-site employees working on government-funded construction, alteration and repair projects.] Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148).
11.1.3. Rights to Inventions Made Under a contract/grant or agreement. If the Federal Award meets the definition
of “funding agreement”/ “funding Contract” under 37 CFR 401.2 (a) and the Prime Recipient or Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work
under that “funding agreement,”/”funding Contract”, the Prime Recipient or Subrecipient must 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 Federal Awarding Agency.
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11.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision
that requires the non-Federal awardee(s) to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding
Agency and the Regional Office of the Environmental Protection Agency (EPA).
11.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
11.1.6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to
tier up to the non-Federal award.
11.1.7. Never contract with the enemy (2 CFR 200.215). Federal awarding agencies and recipients are subject to the regulations implementing “Never contract with the enemy” in 2 CFR part 183. The regulations in 2
CFR part 183 affect covered contracts, grants and cooperative agreements that are expected to exceed $50,000 within the period of performance, are performed outside the United States and its territories, and are in support of a contingency operation in which members of the Armed Forces are actively engaged in
hostilities.
11.1.8. Prohibition on certain telecommunications and video surveillance services or equipment (2 CFR 200.216). Grantee is prohibited from obligating or expending loan or grant funds on certain telecommunications and
video surveillance services or equipment pursuant to 2 CFR 200.216.
12. CERTIFICATIONS.
12.1. Unless prohibited by Federal statutes or regulations, Recipient/Prime Recipient 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 the State at the end of the Award that the project or activity was completed or the level of effort was expended. 2 CFR 200.201(3). If the required level of activity or effort was not carried out, the amount of the Award must be adjusted.
13. EXEMPTIONS.
13.1. These Federal Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non-profit organization he or she may own or operate in his or her name.
13.2. A Contractor/Grantee with gross income from all sources of less than $300,000 in the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives.
14. EVENT OF DEFAULT AND TERMINATION.
14.1. Failure to comply with these Federal Provisions shall constitute an event of default under the Contract/Grant and the State of Colorado may terminate the Contract/Grant upon 30 days prior written notice if the default
remains uncured five calendar days following the termination of the 30-day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Contract/Grant, at law or in equity.
14.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part as follows:
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14.2.1. By the Federal Awarding Agency or Pass-through Entity, if a Non-Federal Entity fails to comply with the terms and conditions of a Federal Award;
14.2.2. By the Federal awarding agency or Pass-through Entity, to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities;
14.2.3. By the Federal awarding agency or Pass-through Entity with the consent of the Non-Federal Entity, in
which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated;
14.2.4. By the Non-Federal Entity upon sending to the Federal Awarding Agency or Pass-through Entity written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the Federal Awarding Agency or Pass-through Entity determines in the case of partial termination that the reduced or modified portion of the Federal Award or Subaward will not accomplish the purposes for which the Federal Award was made, the Federal Awarding Agency or Pass-through Entity may terminate the Federal Award in its entirety; or
14.2.5. By the Federal Awarding Agency or Pass-through Entity pursuant to termination provisions included in the Federal Award.
EXHIBIT END
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EXHIBIT F- SLFRF SUBRECIPIENT PROVISIONS EXHIBIT
(CDHS)
This Exhibit and the Appendices hereto apply regarding the use of State and Local Fiscal Recovery
Funds (SLFRF) to comply with requirements established by the U.S. Department of Treasury and
the Colorado Department of Personnel & Administration, Office of the State Controller re the
Colorado Department of Human Services (CDHS).
This SLFRF Provisions Exhibit may supplement other Exhibit(s) to the instant Agreement. In the
event that terms on prior Exhibit(s) to the instant Agreement conflict with this SLFRF Provisions
Exhibit, this Exhibit shall control and take precedence.
The Contractor/Vendor/Other Agency entity with which the Colorado Department of Human
Services (CDHS) is contracting per this Agreement may be referred to as “Subrecipient” herein,
the designation per controlling law and mandates. This “Subrecipient” designation shall apply in
this context notwithstanding prior definition(s) of any entity to this agreement as “Contractor” or
any other title.
Subrecipient must agree to and comply with the terms of these SLFRF Provisions in order to
receive and use these funds. Subrecipient shall execute not only the instant Agreement, but also
specifically the Certification Agreement appendix to the instant Exhibit. A failure to also
separately execute the Certification Agreement appendix hereto shall not relieve Subrecipient of
the rules/obligations set forth herein; such a clerical error must be promptly remedied upon
discovery by notifying the CDHS office/program contact, who can then assist with the logistics of
mandatory signing, which shall retroactively apply.
In the event that Subrecipient is/was in receipt of SLFRF funding from CDHS prior to execution
of the instant Exhibit, Subrecipient understands that its obligations set forth herein with regards to
that funding shall retroactively apply.
The regulations and requirements surrounding receipt and use of SLFRF funding is an evolving
subject matter as established by the U.S. Department of Treasury and put into established policy
by the Colorado Department of Personnel & Administration, Office of the State Controller for use
with CDHS Agreements. As such, Subrecipient agrees to execute any additional
Agreements/Amendments as required by CDHS to establish and/or update these procedures.
Subrecipient agrees to accept written notice from CDHS of updates to these requirements and to
comply with same forthwith, even if prior to or without a formal Amendment to the Agreement to
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update this Exhibit or the rules/requirements established herein. Regardless, if CDHS requests that
Subrecipient execute an Amendment to formalize implementation of and/or acknowledgment of
updates to this Exhibit, Subrecipient shall promptly comply.
Subrecipient agrees to stay abreast of and comply with the most current iterations of the
requirements re SLFRF funding set forth on https://osc.colorado.gov/american-rescue-plan-act
(see SLFRF Grant Agreement Templates Tab).
APPENDIX 1 TO SLFRF EXHIBIT- BUDGET SUPPLEMENT
1.BUDGET BY US TREASURY EXPENDITURE CATEGORY
1.1 Expenditure Categories identified in this Appendix will determine what is reported on as outlined in the all following Appendices to this Exhibit.
Project Number Project Title US Treasury Expenditure Category Number and Name Budget
PHI360 Technical Assistance to Jails 1.13 Substance Use Services $7,500.00
Total $7,500.00 2.BUDGET BY FUNCTION3.EXPENDITURE CATEGORY MODIFICATIONS
1.1 Increases or decreases in any Expenditure Category must be requested and approved by the
State Agency by using the SLFRF Expenditure Modification Form. This form can be found
at: https://osc.colorado.gov/american-rescue-plan-act (see SLFRF Grant Agreement Templates Tab). In no event may this be used to modify the overall total of this Agreement or otherwise any non SLFRF expenditures.
APPENDIX 2 TO SLFRF EXHIBIT- FEDERAL PROVISIONS
SUPPLEMENT
1. APPLICABILITY OF PROVISIONS.
1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or inpart, with an Award of Federal funds. In the event of a conflict between the provisions of these Federal Provisions, the Special Provisions, the body of the Grant, or any attachments
or exhibits incorporated into and made a part of the Grant, the provisions of these Federal Provisions shall control.
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1.2. The State of Colorado is accountable to Treasury for oversight of their subrecipients, including ensuring their subrecipients comply with the SLFRF statute, SLFRF Award
Terms and Conditions, Treasury’s Final Rule, and reporting requirements, as applicable.
1.3. Additionally, any subrecipient that issues a subaward to another entity (2nd tier subrecipient), must hold the 2nd tier subrecipient accountable to these provisions and adhere to reporting requirements.
1.4. These Federal Provisions are subject to the Award as defined in §2 of these Federal
Provisions, as may be revised pursuant to ongoing guidance from the relevant Federal or
State of Colorado agency or institutions of higher education.
2. DEFINITIONS.
2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings ascribed to them below.
2.1.1. “Award” means an award of Federal financial assistance, and the Grant
setting forth the terms and conditions of that financial assistance, that a non-Federal Entity receives or administers.
2.1.2. “Entity” means:
2.1.2.1. a Non-Federal Entity;
2.1.2.2. a foreign public entity;
2.1.2.3. a foreign organization;
2.1.2.4. a non-profit organization;
2.1.2.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
2.1.2.6. a foreign non-profit organization (only for 2 CFR part 170) only);
2.1.2.7. a Federal agency, but only as a Subrecipient under an Award or Subaward to a non-Federal entity (or 2 CFR 200.1); or
2.1.2.8. a foreign for-profit organization (for 2 CFR part 170 only).
2.1.3. “Executive” means an officer, managing partner or any other employee in a management position.
2.1.4. “Expenditure Category (EC)” means the category of eligible uses as defined by the US Department of Treasury in “Appendix 1 of the Compliance and Reporting Guidance, State and Local Fiscal Recovery Funds” report available at www.treasury.gov.
2.1.5. “Federal Awarding Agency” means a Federal agency providing a Federal
Award to a Recipient as described in 2 CFR 200.1
2.1.6. “Grant” means the Grant to which these Federal Provisions are attached.
2.1.7. “Grantee” means the party or parties identified as such in the Grant to which these Federal Provisions are attached.
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2.1.8. “Non-Federal Entity means a State, local government, Indian tribe, institution of higher education, or nonprofit organization that carries out a Federal
Award as a Recipient or a Subrecipient.
2.1.9. “Nonprofit Organization” means any corporation, trust, association, cooperative, or other organization, not including IHEs, that:
2.1.9.1. Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest;
2.1.9.2. Is not organized primarily for profit; and
2.1.9.3. Uses net proceeds to maintain, improve, or expand the operations of the organization.
2.1.10. “OMB” means the Executive Office of the President, Office of Management and Budget.
2.1.11. “Pass-through Entity” means a non-Federal Entity that provides a Subaward
to a Subrecipient to carry out part of a Federal program.
2.1.12. “Prime Recipient” means the Colorado State agency or institution of higher education identified as the Grantor in the Grant to which these Federal Provisions are attached.
2.1.13. “Subaward” means an award by a Prime Recipient to a Subrecipient funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to the Subaward unless the terms and conditions of the Federal Award specifically indicate otherwise in accordance with 2 CFR 200.101. The term does not include payments to a Contractor or payments to an individual that is a
beneficiary of a Federal program.
2.1.14. “Subrecipient” or “Subgrantee” means a non-Federal Entity (or a Federal agency under an Award or Subaward to a non-Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to
the terms and conditions of the Federal Award to the Prime Recipient, including program compliance requirements. The term does not include an individual who is a beneficiary of a federal program.
2.1.15. “System for Award Management (SAM)” means the Federal repository into which an Entity must enter the information required under the Transparency Act,
which may be found at http://www.sam.gov. “Total Compensation” means the cash and noncash dollar value earned by an Executive during the Prime Recipient’s or Subrecipient’s preceding fiscal year (see 48 CFR 52.204-10, as prescribed in 48 CFR 4.1403(a)) and includes the following:
2.1.15.1. Salary and bonus;
2.1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial
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Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based Payments;
2.1.15.3. Earnings for services under non-equity incentive plans, not including group
life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried employees;
2.1.15.4. Change in present value of defined benefit and actuarial pension plans;
2.1.15.5. Above-market earnings on deferred compensation which is not tax-
qualified;
2.1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the Executive exceeds
$10,000.
2.1.16. “Transparency Act” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252.
2.1.17. “Uniform Guidance” means the Office of Management and Budget
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The terms and conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal Award specifically indicate otherwise.
2.1.18. “Unique Entity ID” means the Unique Entity ID established by the federal
government for a Grantee at https://sam.gov/content/home.
3. COMPLIANCE.
3.1. Grantee shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance, and all applicable Federal Laws and regulations required by this Federal Award. Any
revisions to such provisions or regulations shall automatically become a part of these Federal Provisions, without the necessity of either party executing any further instrument. The State of Colorado, at its discretion, may provide written notification to Grantee of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions.
3.2. Per US Treasury Final Award requirements, grantee programs or services must not include terms or conditions that undermine efforts to stop COVID-19 or discourage compliance with recommendations and CDC guidelines.
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4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID SYSTEM (UEI) REQUIREMENTS.
4.1. SAM. Grantee shall maintain the currency of its information in SAM until the Grantee
submits the final financial report required under the Award or receives final payment, whichever is later. Grantee shall review and update SAM information at least annually after the initial registration, and more frequently if required by changes in its information.
4.2. UEI. Grantee shall provide its Unique Entity ID to its Prime Recipient, and shall update
Grantee’s information in SAM.gov at least annually after the initial registration, and more frequently if required by changes in Grantee’s information.
5. TOTAL COMPENSATION.
5.1. Grantee shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $30,000 or more; and
5.1.2. In the preceding fiscal year, Grantee received:
5.1.2.1. 80% or more of its annual gross revenues from Federal procurement
Agreements and Subcontractors and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and
5.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement Agreements and Subcontractors and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and
5.1.2.3. 5.1.2.3 The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986.
6. REPORTING.
6.1. If Grantee is a Subrecipient of the Award pursuant to the Transparency Act, Grantee shall report data elements to SAM and to the Prime Recipient as required in this Exhibit. No direct payment shall be made to Grantee for providing any reports required under these Federal Provisions and the cost of producing such reports shall be included in the Grant price. The reporting requirements in this Exhibit are based on guidance from the
OMB, and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Grant and shall become part of Grantee’s obligations under this Grant.
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7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR FEDERAL REPORTING.
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the
initial award is $30,000 or more. If the initial Award is below $30,000 but subsequent
Award modifications result in a total Award of $30,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $30,000. If the initial Award is $30,000 or more, but funding is subsequently de-obligated such that the total award amount falls below $30,000, the Award shall continue to be subject to the
reporting requirements. If the total award is below $30,000 no reporting required; if
more than $30,000 and less than $50,000 then FFATA reporting is required; and, $50,000 and above SLFRF reporting is required.
7.2. The procurement standards in §9 below are applicable to new Awards made by Prime Recipient as of December 26, 2015. The standards set forth in §11 below are applicable
to audits of fiscal years beginning on or after December 26, 2014.
8. SUBRECIPIENT REPORTING REQUIREMENTS.
8.1. Grantee shall report as set forth below.
8.1.1. Grantee shall use the SLFRF Subrecipient Quarterly Report Workbook as referenced in Appendix 4 to report to the State Agency within ten (10) days following each quarter
ended September, December, March and June. Additional information on specific requirements are detailed in the SLFRF Subrecipient Quarterly Report Workbooks and "Compliance and Reporting Guidance, State and Local Fiscal Recovery Funds" report available at www.treasury.gov.
EC 1 – Public Health
All Public Health Projects
a) Description of structure and objectives
b) Description of relation to COVID-19 c) Identification of impacted and/or disproportionately impacted communities d) Capital Expenditures i. Presence of capital expenditure in project
ii. Total projected capital expenditure
iii. Type of capital expenditure iv. Written justification v. Labor reporting COVID-19 Interventions and Mental Health (1.4, 1.11, 1.12, 1.13)
a) Amount of total project used for evidence-based programs b) Evaluation plan description COVID-19 Small Business Economic Assistance (1.8)
a) Number of small businesses served COVID-19 Assistance to Non-Profits (1.9)
a) Number of non-profits served COVID-19 Aid to Travel, Tourism, and Hospitality or Other Impacted Industries (1.10)
a) Sector of employer b) Purpose of funds c)
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EC 2 – Negative Economic Impacts
All Negative Economic Impacts Projects
a) Description of project structure and objectives
b) Description of project’s response to COVID-19
c) Identification of impacted and/or disproportionately impacted communities d) Amount of total project used for evidence-based programs and description of evaluation plan (not required for 2.5, 2.8, 2.21-2.24, 2.27-2.29, 2.31, 2.34-2.36) e) Number of workers enrolled in sectoral job training programs
f) Number of workers completing sectoral job training programs
g) Number of people participating in summer youth employment programs h) Capital Expenditures i. Presence of capital expenditure in project ii. Total projected capital expenditure
iii. Type of capital expenditure
iv. Written justification v. Labor reporting Household Assistance (2.1-2.8)
a) Number of households served b) Number of people or households receiving eviction prevention services (2.2 & 2.5 only) (Federal guidance may change this requirement in July 2022) c) Number of affordable housing units preserved or developed (2.2 & 2.5 only)
(Federal guidance may change this requirement in July 2022) Healthy Childhood Environments (2.11-2.13)
a) Number of children served by childcare and early learning (Federal guidance may
change this requirement in July 2022) b) Number of families served by home visiting (Federal guidance may change this
requirement in July 2022) Education Assistance (2.14, 2.24-2.27)
a) National Center for Education Statistics (“NCES”) School ID or NCES District ID b) Number of students participating in evidence-based programs (Federal guidance may
change this requirement in July 2022) Housing Support (2.15, 2.16, 2.18)
a) Number of people or households receiving eviction prevention services (Federal guidance may change this requirement in July 2022) b) Number of affordable housing units preserved or developed (Federal guidance may
change this requirement in July 2022) Small Business Economic Assistance (2.29-2.33)
a) Number of small businesses served Assistance to Non-Profits (2.34)
a) Number of non-profits served Aid to Travel, Tourism, and Hospitality or Other Impacted Industries (2.35-2.36)
a) Sector of employer b) Purpose of funds c) If other than travel, tourism and hospitality (2.36) – description of hardship
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EC 3 – Public Health – Negative Economic Impact: Public Sector Capacity
Payroll for Public Health and Safety Employees (EC 3.1)
a) Number of government FTEs responding to COVID-19
Rehiring Public Sector Staff (EC 3.2)
a) Number of FTEs rehired by governments EC 4 – Premium Pay
All Premium Pay Projects
a) List of sectors designated as critical by the chief executive of the jurisdiction, if
beyond those listed in the final rule b) Numbers of workers served c) Employer sector for all subawards to third-party employers d) Written narrative justification of how premium pay is responsive to essential work
during the public health emergency for non-exempt workers or those making over
150 percent of the state/county’s average annual wage e) Number of workers to be served with premium pay in K-12 schools EC 5 – Infrastructure Projects
All Infrastructure Projects
a) Projected/actual construction start date (month/year)
b) Projected/actual initiation of operations date (month/year) c) Location (for broadband, geospatial data of locations to be served) d) Projects over $10 million i. Prevailing wage certification or detailed project employment and local
impact report
ii. Project labor agreement certification or project workforce continuity plan iii. Prioritization of local hires iv. Community benefit agreement description, if applicable
Water and sewer projects (EC 5.1-5.18)
a) National Pollutant Discharge Elimination System (NPDES) Permit Number (if applicable; for projects aligned with the Clean Water State Revolving Fund)
b) Public Water System (PWS) ID number (if applicable; for projects aligned with
the Drinking Water State Revolving Fund) c) Median Household Income of service area
d) Lowest Quintile Income of the service area Broadband projects (EC 5.19-5.21)
a) Confirm that the project is designed to, upon completion, reliably meet or exceed
symmetrical 100 Mbps download and upload speeds. i. If the project is not designed to reliably meet or exceed symmetrical 100 Mbps download and upload speeds, explain why not, and ii. Confirm that the project is designed to, upon completion, meet or exceed 100 Mbps download speed and between at least 20 Mbps and 100 Mbps
upload speed, and be scalable to a minimum of 100 Mbps download speed and 100 Mbps upload speed.
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b) Additional programmatic data will be required for broadband projects and will be defined in a subsequent version of the US Treasury Reporting Guidance,
including, but not limited to (Federal guidance may change this requirement in July 2022):
i. Number of households (broken out by households on Tribal lands and those not on Tribal lands) that have gained increased access to broadband meeting the minimum speed standards in areas that previously lacked access to service of at least 25 Mbps download and 3
Mbps upload, with the number of households with access to minimum
speed standard of reliable 100 Mbps symmetrical upload and download and number of households with access to minimum speed standard of reliable 100 Mbps download and 20 Mbps upload ii. Number of institutions and businesses (broken out by institutions on
Tribal lands and those not on Tribal lands) that have projected increased
access to broadband meeting the minimum speed standards in areas that previously lacked access to service of at least 25 Mbps download and 3 Mbps upload, in each of the following categories: business, small business, elementary school, secondary school, higher education
institution, library, healthcare facility, and public safety organization, with the number of each type of institution with access to the minimum speed standard of reliable 100 Mbps symmetrical upload and download; and number of each type of institution with access to the minimum speed standard of reliable 100 Mbps download and 20 Mbps upload.
iii. Narrative identifying speeds/pricing tiers to be offered, including the speed/pricing of its affordability offering, technology to be deployed, miles of fiber, cost per mile, cost per passing, number of households (broken out by households on Tribal lands and those not on Tribal lands) projected to have increased access to broadband meeting the minimum
speed standards in areas that previously lacked access to service of at least 25 Mbps download and 3 Mbps upload, number of households with access to minimum speed standard of reliable 100 Mbps symmetrical upload and download, number of households with access to minimum speed standard of reliable 100 Mbps download and 20 Mbps upload, and
number of institutions and businesses (broken out by institutions on Tribal lands and those not on Tribal lands) projected to have increased access to broadband meeting the minimum speed standards in areas that previously lacked access to service of at least 25 Mbps download and 3 Mbps upload, in each of the following categories: business, small
business, elementary school, secondary school, higher education institution, library, healthcare facility, and public safety organization. Specify the number of each type of institution with access to the minimum speed standard of reliable 100 Mbps symmetrical upload and download; and the number of each type of institution with access to the
minimum speed standard of reliable 100 Mbps download and 20 Mbps upload. All Expenditure Categories
a) Program income earned and expended to cover eligible project costs
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8.1.2. A Subrecipient shall report the following data elements to Prime Recipient no later
than five days after the end of the month following the month in which the Subaward
was made. 8.1.2.1. Subrecipient Unique Entity ID;
8.1.2.2. Subrecipient Unique Entity ID if more than one electronic funds transfer (EFT) account;
8.1.2.3. Subrecipient parent’s organization Unique Entity ID;
8.1.2.4. Subrecipient’s address, including: Street Address, City, State, Country, Zip + 4, and Congressional District;
8.1.2.5. Subrecipient’s top 5 most highly compensated Executives if the criteria in §4 above are met; and
8.1.2.6. Subrecipient’s Total Compensation of top 5 most highly compensated
Executives if the criteria in §4 above met.
8.1.3. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, the following data elements:
8.1.3.1. Subrecipient’s Unique Entity ID as registered in SAM.
8.1.3.2. Primary Place of Performance Information, including: Street Address, City,
State, Country, Zip code + 4, and Congressional District.
8.1.3.3. Narrative identifying methodology for serving disadvantaged communities. See the "Project Demographic Distribution" section in the "Compliance and Reporting Guidance, State and Local Fiscal Recovery Funds" report
available at www.treasury.gov. This requirement is applicable to all
projects in Expenditure Categories 1 and 2.
8.1.3.4. Narrative identifying funds allocated towards evidenced-based interventions and the evidence base. See the “Use of Evidence” section in the “Compliance and Reporting Guidance, State and Local Fiscal Recovery
Funds” report available at www.treasury.gov. See section 8.1.1 for relevant
Expenditure Categories.
8.1.3.5. Narrative describing the structure and objectives of the assistance program and in what manner the aid responds to the public health and negative economic impacts of COVID-19. This requirement is applicable to
Expenditure Categories 1 and 2. For aid to travel, tourism, and hospitality
or other impacted industries (EC 2.11-2.12), also provide the sector of employer, purpose of funds, and if not travel, tourism and hospitality a description of the pandemic impact on the industry.
8.1.3.6. Narrative identifying the sector served and designated as critical to the
health and well-being of residents by the chief executive of the jurisdiction
and the number of workers expected to be served. For groups of workers (e.g., an operating unit, a classification of worker, etc.) or, to the extent applicable, individual workers, other than those where the eligible worker
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receiving premium pay is earning (with the premium pay included) below 150 percent of their residing state or county’s average annual wage for all
occupations, as defined by the Bureau of Labor Statistics Occupational
Employement and Wage Statistics, whichever is higher, OR the eligible worker reciving premium pay is not exempt from the Fair Labor Standards Act overtime provisions, include justification of how the premium pay or grant is responsive to workers performing essential work during the public
health emergency. This could include a description of the essential workers'
duties, health or financial risks faced due to COVID-19 but should not include personally identifiable information. This requirement applies to EC 4.1, and 4.2.
8.1.3.7. For infrastructure projects (EC 5) or capital expenditures in any expenditure
category, narrative identifying the projected construction start date
(month/year), projected initiation of operations date (month/year), and location (for broadband, geospatial location data).
8.1.3.7.1. For projects over $10 million:
8.1.3.7.1.1. Certification that all laborers and mechanics employed by
Contractors and Subcontractors in the performance of such project are paid wages at rates not less than those prevailing, as determined by the U.S. Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the "Davis-Bacon Act"), for the
corresponding classes of laborers and mechanics employed on projects of a character similar to the Agreement work in the civil subdivision of the State (or the District of Columbia) in which the work is to be performed, or by the appropriate State entity pursuant to a corollary State prevailing-wage-in-
construction law (commonly known as "baby Davis-Bacon Acts"). If such certification is not provided, a recipient must provide a project employment and local impact report detailing (1) the number of employees of Contractors and sub-contractors working on the project; (2) the number of
employees on the project hired directly and hired through a third party; (3) the wages and benefits of workers on the project by classification; and (4) whether those wages are at rates less than those prevailing. Recipients must maintain sufficient records to substantiate this information upon
request.
8.1.3.7.1.2. A Subrecipient may provide a certification that a project includes a project labor agreement, meaning a pre-hire collective bargaining agreement consistent with section 8(f) of the National Labor Relations Act (29 U.S.C. 158(f)). If the
recipient does not provide such certification, the recipient must provide a project workforce continuity plan, detailing: (1) how the Subrecipient will ensure the project has ready
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access to a sufficient supply of appropriately skilled and unskilled labor to ensure high-quality construction throughout
the life of the project; (2) how the Subrecipient will minimize
risks of labor disputes and disruptions that would jeopardize timeliness and cost-effectiveness of the project; and (3) how the Subrecipient will provide a safe and healthy workplace that avoids delays and costs associated with workplace
illnesses, injuries, and fatalities; (4) whether workers on the
project will receive wages and benefits that will secure an appropriately skilled workforce in the context of the local or regional labor market; and (5) whether the project has completed a project labor agreement.
8.1.3.7.1.3. Whether the project prioritizes local hires.
8.1.3.7.1.4. Whether the project has a Community Benefit Agreement, with a description of any such agreement.
8.1.4. Subrecipient also agrees to comply with any reporting requirements established by the
US Treasury, Governor’s Office and Office of the State Controller. The State of Colorado may need additional reporting requirements after this agreement is executed. If there are additional reporting requirements, the State will provide notice of such additional reporting requirements via Appendix 5– SLFRF Reporting Modification Form.
9. PROCUREMENT STANDARDS.
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement procedures which reflect applicable State, local, and Tribal laws and applicable regulations, provided that the procurements conform to applicable Federal law and the standards identified in the Uniform Guidance, including without limitation, 2 CFR
200.318 through 200.327 thereof.
9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not
limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all Agreements and purchase orders for work or products under this award.
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9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of a political subdivision of the State, its Contractors must comply with section 6002
of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the
item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal
year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
10. ACCESS TO RECORDS.
10.1. A Subrecipient shall permit Prime Recipient and its auditors to have access to
Subrecipient’s records and financial statements as necessary for Recipient to meet the requirements of 2 CFR 200.332 (Requirements for pass-through entities), 2 CFR 200.300 (Statutory and national policy requirements) through 2 CFR 200.309 (Period of performance), and Subpart F-Audit Requirements of the Uniform Guidance.
11. SINGLE AUDIT REQUIREMENTS.
11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the Subrecipient’s fiscal year, the 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.
11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with Uniform Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have a program-specific audit conducted in accordance with 2 CFR 200.507 (Program-specific audits). The Subrecipient may elect to have a program-specific
audit if Subrecipient expends Federal Awards under only one Federal program (excluding research and development) and the Federal program’s statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of Prime Recipient. A program-specific audit may not be elected for research and development unless all of the Federal Awards expended
were received from Recipient and Recipient approves in advance a program-specific audit.
11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during its fiscal year, the Subrecipient shall be exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503 (Relation to other
audit requirements), but records shall be available for review or audit by appropriate officials of the Federal agency, the State, and the Government Accountability Office.
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11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise arrange for the audit required by Subpart F of the Uniform Guidance and
ensure it is properly performed and submitted when due in accordance with the
Uniform Guidance. Subrecipient shall prepare appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with 2 CFR 200.510 (Financial statements) and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as
needed for the auditor to perform the audit required by Uniform Guidance Subpart
F-Audit Requirements.
12. GRANT PROVISIONS FOR SUBRECIPIENT AGREEMENTS.
12.1. In addition to other provisions required by the Federal Awarding Agency or the Prime Recipient, Grantees that are Subrecipients shall comply with the following provisions.
Subrecipients shall include all of the following applicable provisions in all
Subcontractors entered into by it pursuant to this Grant.
12.1.1. [Applicable to federally assisted construction Agreements.] Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all Agreements that meet the definition of “federally assisted construction Agreement”
in 41 CFR Part 60-1.3 shall include 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 Agreement Compliance Programs, Equal Employment Opportunity, Department of Labor.
12.1.2. [Applicable to on-site employees working on government-funded construction, alteration and repair projects.] Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148).
12.1.3. Rights to Inventions Made Under a grant or agreement. If the Federal Award meets the definition of “funding agreement” under 37 CFR 401.2 (a) and the Prime Recipient or Subrecipient wishes to enter into an Agreement with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work
under that “funding agreement,” the Prime Recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Agreements and Cooperative Agreements,” and any implementing regulations issued by the Federal Awarding Agency.
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12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Agreements and subgrants of
amounts in excess of $150,000 must contain a provision that requires the non-
Federal awardees to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding Agency and the Regional
Office of the Environmental Protection Agency (EPA).
12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A Agreement award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in SAM, in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189)
and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM
Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
12.1.6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply
or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining
any Federal Agreement, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
12.1.7. Never Agreement with the enemy (2 CFR 200.215). Federal awarding
agencies and recipients are subject to the regulations implementing “Never Agreement with the enemy” in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered Agreements, grants and cooperative agreements that are expected to exceed $50,000 within the period of performance, are performed outside the United States and its territories, and are in support of a contingency operation in which
members of the Armed Forces are actively engaged in hostilities.
12.1.8. Prohibition on certain telecommunications and video surveillance services or equipment (2 CFR 200.216). Grantee is prohibited from obligating or expending loan or grant funds on certain telecommunications and video surveillance services or equipment pursuant to 2 CFR 200.216.
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12.1.9. Title VI of the Civil Rights Act. The Subgrantee, Contractor, Subcontractor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964,
which prohibits recipients of federal financial assistance from excluding from a
program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this Agreement
(or agreement). Title VI also includes protection to persons with “Limited English
Proficiency” in any program or activity receiving federal financial assistance, 42 U.S. C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CRF Part 22, and herein incorporated by reference and made part of this Agreement or agreement.
13. CERTIFICATIONS.
13.1. Subrecipient Certification. Subrecipient shall sign a “State of Colorado Agreement with Recipient of Federal Recovery Funds” Certification Form in separate Appendix hereto and submit to State Agency with signed grant agreement.
13.2. Unless prohibited by Federal statutes or regulations, Prime Recipient 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 the State at the end of the Award that the project or activity was completed or the level of effort was expended. 2 CFR 200.201(3). If
the required level of activity or effort was not carried out, the amount of the Award must be adjusted.
14. EXEMPTIONS.
14.1. These Federal Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non-profit organization he or she may own
or operate in his or her name.
14.2. A Grantee with gross income from all sources of less than $300,000 in the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives.
15. EVENT OF DEFAULT AND TERMINATION.
15.1. Failure to comply with these Federal Provisions shall constitute an event of default under the Grant and the State of Colorado may terminate the Grant upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30-day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Grant, at law or in equity.
15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part as follows:
15.2.1. By the Federal Awarding Agency or Pass-through Entity, if a Non-Federal Entity fails to comply with the terms and conditions of a Federal Award;
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15.2.2. By the Federal awarding agency or Pass-through Entity, to the greatest extent authorized by law, if an award no longer effectuates the program goals or
agency priorities;
15.2.3. By the Federal awarding agency or Pass-through Entity with the consent of the Non-Federal Entity, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated;
15.2.4. By the Non-Federal Entity upon sending to the Federal Awarding Agency
or Pass-through Entity written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the Federal Awarding Agency or Pass-through Entity determines in the case of partial termination that the reduced or modified portion
of the Federal Award or Subaward will not accomplish the purposes for which the
Federal Award was made, the Federal Awarding Agency or Pass-through Entity may terminate the Federal Award in its entirety; or
15.2.5. By the Federal Awarding Agency or Pass-through Entity pursuant to termination provisions included in the Federal Award.
[THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
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APPENDIX 3 TO SLFRF EXHIBIT- SUBRECIPIENT CERTIFICATION
AGREEMENT
AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS
Section 602(b) of the Social Security Act (the Act), as added by section 9901 of the American Rescue Plan Act (ARPA), Pub. L. No. 117-2 (March 11, 2021), authorizes the
Department of the Treasury (Treasury) to make payments to certain Subrecipients from
the Coronavirus State Fiscal Recovery Fund. The State of Colorado has signed and certified a separate agreement with Treasury as a condition of receiving such payments from the Treasury. This agreement is between your organization and the State and your organization is signing and certifying the same terms and conditions included in the
State’s separate agreement with Treasury. Your organization is referred to as a
Subrecipient.
As a condition of your organization receiving federal recovery funds from the State, the authorized representative below hereby (i) certifies that your organization will carry out the activities listed in section 602(c) of the Act and (ii) agrees to the terms attached hereto.
Your organization also agrees to use the federal recovery funds as specified in bills passed by the General Assembly and signed by the Governor.
Under penalty of perjury, the undersigned official certifies that the authorized representative has read and understood the organization’s obligations in the Assurances
of Compliance and Civil Rights Requirements, that any information submitted in
conjunction with this assurances document is accurate and complete, and that the organization is in compliance with the nondiscrimination requirements.
Subrecipient Name: Pitkin County Colorado for the use and benefit of Pitkin County
Sheriff's Department
Authorized Representative: _______________________________
Title: __________________________________
Signature: ___________________________
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Pitkin County Commissioner
Francie Jacober
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AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS TERMS AND CONDITIONS
Use of Funds.
a. Subrecipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 602(c) of the Social Security Act (the Act) and Treasury’s regulations implementing that section and guidance.
b. Subrecipient will determine prior to engaging in any project using this assistance
that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of such project.
Period of Performance. The period of performance for this subaward is shown on page one of this Agreement. Subrecipient may use funds to cover eligible costs
incurred, as set forth in Treasury’s implementing regulations, during this period of
performance. Reporting. Subrecipient agrees to comply with any reporting obligations established by Treasury as they relate to this award. Subrecipient also agrees to comply with any reporting
requirements established by the Governor’s Office and Office of the State Controller. The
State will provide notice of such additional reporting requirements via separate Appendix hereto – Reporting Modification Form.
Maintenance of and Access to Records
a. Subrecipient shall maintain records and financial documents sufficient to
evidence compliance with section 602(c), Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records
(electronic and otherwise) of Subrecipient in order to conduct audits or other
investigations. c. Records shall be maintained by Subrecipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later.
Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid
with funding from this award.
Administrative Costs. Subrecipient may use funds provided under this award to cover
both direct and indirect costs. Subrecipient shall follow guidance on administrative costs issued by the Governor’s Office and Office of the State Controller. Cost Sharing. Cost sharing or matching funds are not required to be provided by
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Subrecipient.
Conflicts of Interest. The State of Colorado understands and agrees it must maintain a
conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Subrecipient and Contractors must disclose in writing to the Office of the State Controller or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded
funds in accordance with 2 C.F.R. § 200.112. The Office of the State Controller shall
disclose such conflict to Treasury.
Compliance with Applicable Law and Regulations. a. Subrecipient agrees to comply with the requirements of section 602 of the Act,
regulations adopted by Treasury pursuant to section 602(f) of the Act, and
guidance issued by Treasury regarding the foregoing. Subrecipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Subrecipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and
subject to such exceptions as may be otherwise provided by Treasury.
Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2
C.F.R. Part 25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Government wide Debarment and
Suspension (Nonprocurement), 2 C.F.R. Part 180, including the
requirement to include a term or condition in all lower tier covered transactions (Agreements and Subcontractors described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.
v. Subrecipient Integrity and Performance Matters, pursuant to which the
award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
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vi. Government wide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. ix. Generally applicable federal environmental laws and regulations.
c. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit
discrimination on the basis of race, color, or national origin under
programs or activities receiving federal financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or
disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et
seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23,
which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of
disability under programs, activities, and services provided or made
available by state and local governments or instrumentalities or agencies thereto.
Remedial Actions. In the event of Subrecipient’s noncompliance with section 602 of
the Act, other applicable laws, Treasury’s implementing regulations, guidance, or
any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 602(c) of the Act regarding the use of funds, previous payments
shall be subject to recoupment as provided in section 602(e) of the Act and any
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additional payments may be subject to withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.
Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C.§§ 1501-1508 and 7324-7328), which limit certain political activities of
State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance.
False Statements. Subrecipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or Agreements, and/or any other remedy available by law.
Publications. Any publications produced with funds from this award must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number SLFRF0126 awarded to the State of Colorado by the U.S. Department of the Treasury.”
Debts Owed the Federal Government. a. Any funds paid to the Subrecipient (1) in excess of the amount to which the Subrecipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be
subject to a repayment obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and have not been repaid by the Subrecipient shall constitute a debt to the federal government.
b. Any debts determined to be owed to the federal government must be paid promptly by Subrecipient. A debt is delinquent if it has not been paid by the date specified in Treasury’s initial written demand for payment, unless other
satisfactory arrangements have been made or if the Subrecipient knowingly
or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt.
Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to
Subrecipient or third persons for the actions of Subrecipient or third persons
resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any Agreement, or Subcontractor under this award.
b. The acceptance of this award by Subrecipient does not in any way establish
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an agency relationship between the United States and Subrecipient.
Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Subrecipient may not discharge, demote,
or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal Agreement or grant, a gross waste of federal funds, an abuse of authority relating to a federal
Agreement or grant, a substantial and specific danger to public health or safety,
or a violation of law, rule, or regulation related to a federal Agreement (including the competition for or negotiation of an Agreement) or grant.
b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General;
iii. The Government Accountability Office; iv. A Treasury employee responsible for Agreement or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury; or vii. A management official or other employee of Subrecipient, Contractor, or Subcontractor who has the responsibility to investigate, discover, or address misconduct.
c. Subrecipient shall inform its employees in writing of the rights and remedies
provided under this section, in the predominant native language of the workforce.
Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043,
62 FR 19217 (Apr. 18, 1997), Subrecipient should encourage its Contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles.
1. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR
51225 (Oct. 6, 2009), Subrecipient should encourage its employees, Subrecipients, and Contractors to adopt and enforce policies that ban text messaging while driving, and
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Subrecipient should establish workplace safety policies to decrease accidents caused by distracted drivers.
ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
ASSURANCES OF COMPLIANCE WITH
TITLE VI OF THE CIVIL RIGHTS ACT OF
1964 As a condition of receipt of federal financial assistance from the Department of the Treasury, the Subrecipient provides the assurances stated herein. The federal financial assistance may include federal grants, loans and Agreements to provide assistance to the Subrecipient’s beneficiaries, the use or rent of Federal land or property at below market value,
Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass Agreements of guarantee or insurance, regulated programs, licenses, procurement Agreements by the Federal government at market value, or programs that provide direct benefits.
The assurances apply to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Subrecipient may request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the
assurances apply to all of the operations of the Subrecipient’s program(s) and activity(ies), so
long as any portion of the Subrecipient’s program(s) or activity(ies) is federally assisted in the manner prescribed above.
1. Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial
assistance, of any person in the United States on the ground of race, color, or national origin
(42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents.
2. Subrecipient acknowledges that Executive Order 13166, “Improving Access to Services
for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Subrecipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the
Department of the Treasury’s implementing regulations. Accordingly, Subrecipient shall
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initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful access to its programs, services, and activities.
Subrecipient understands and agrees that meaningful access may entail providing
language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Subrecipient’s programs, services, and activities.
3. Subrecipient agrees to consider the need for language services for LEP persons when
Subrecipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov.
4. Subrecipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Subrecipient and Subrecipient’s successors, transferees, and assignees for the period in which such assistance is provided.
5. Subrecipient acknowledges and agrees that it must require any sub-grantees, contractors,
subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every Agreement or agreement subject to Title VI and its regulations between the Subrecipient and the Subrecipient’s sub-grantees, Contractors, Subcontractors, successors, transferees, and
assignees:
The sub-grantee, Contractor, Subcontractor, successor, transferee, and assignee shall
comply with Title VI of the Civil Rights Act of 1964, which prohibits Subrecipients of
federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s
Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and
made a part of this Agreement (or agreement). Title VI also includes protection to
persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part
of this Agreement or agreement.
6. Subrecipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Subrecipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the
federal financial assistance is extended or for another purpose involving the provision of
similar services or benefits. If any personal property is provided, this assurance obligates the Subrecipient for the period during which it retains ownership or possession of the property.
7. Subrecipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include
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investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Subrecipient shall comply with
information requests, on-site compliance reviews and reporting requirements.
8. Subrecipient shall maintain a complaint log and inform the Department of the Treasury of
any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Subrecipient also must inform the
Department of the Treasury if Subrecipient has received no complaints under Title VI.
9. Subrecipient must provide documentation of an administrative agency’s or court’s
findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Subrecipient and the administrative agency that made the finding. If the Subrecipient settles a case or matter alleging such discrimination, the Subrecipient must provide documentation of
the settlement. If Subrecipient has not been the subject of any court or administrative
agency finding of discrimination, please so state.
10. If the Subrecipient makes sub-awards to other agencies or other entities, the Subrecipient is responsible for ensuring that sub-Subrecipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that
that they are effectively monitoring the civil rights compliance of sub- Subrecipients.
The United States of America has the right to seek judicial enforcement of the terms of this
assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law.
APPENDIX 4 TO SLFRF EXHIBIT- SLFRF SUBRECIPIENT QUARTERLY
REPORT REQUIREMENTS
1. SLFRF SUBRECIPIENT QUARTERLY REPORT WORKBOOK
1.1 The SLFRF Subrecipient Quarterly Report Workbook must be submitted to the State
Agency within ten (10) days following each quarter ended September, December, March and June. The SLFRF Subrecipient Quarterly Report Workbook can be found at: https://osc.colorado.gov/american-rescue-plan-act (see SLFRF Grant Agreement Templates Tab).
1.2 The requirements set forth in this Appendix 4 do not apply if the instant Agreement is between two Colorado State Agencies.
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APPENDIX 5 TO SLFRF EXHIBIT- SAMPLE SLFRF REPORTING
MODIFICATIONS FORM
Grantee: Grant Agreement No:
Project Title: Project No:
Project Duration: To: From:
State Agency:
This form serves as notification that there has been a change to the reporting requirements set forth in the original SLFRF Grant Agreement. The following reporting requirements have been (add/ remove additional rows as necessary):
Updated Reporting Requirement (Add/Delete/Modify)
Project Number Reporting Requirement
By signing this form, the Grantee agrees to and acknowledges the changes to the reporting requirements set forth in the original SLFRF Grant Agreement. All other terms and conditions of the original SLFRF Grant Agreement, with any approved modifications, remain in full force and effect. Grantee shall submit this form to the State Agency within 10 business days of the date sent by that Agency. ____________________________________ _______________________________ Grantee Date ____________________________________ _______________________________ State Agency Grant Manager Date
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