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DEPARTMENT OR AGENCY NAME
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
DEPARTMENT OR AGENCY NUMBER
FLA
CONTRACT ROUTING NUMBER
06-00982
TASK ORDER
PSD-MCH
This Task Order is made this 31ST day of JULY, 2006, by and between: the state of Colorado, acting by and
through the COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, whose address or
principal place of business is 4300 CHERRY CREEK DRIVE SOUTH, DENVER, COLORADO 80246,
hereinafter referred to as "the State"; and, the (BOARD OF COUNTY COMMISSIONERS OF EAGLE
COUNTY (a political subdivision of the state of Colorado), whose address or principal place of business is 500
Broadway, Eal!Je, Colorado 81631, for the use and benefit of the Eal!Je County Health & Human Services,
whose address or principal place of business is 551 Broadway, Ea2:le, Colorado 81631, hereinafter referred to as
"the Contractor".
FACTUAL RECITALS
Pursuant to section 25-1.5-101 U) (I), C.R.S., as amended, the General Assembly of the state of Colorado has
declared that the state "has, in addition to all other powers and duties imposed upon it by law, the powers and duties
to disseminate public health information." Section 25-1.5-101 (r), C.R.S., as amended, states that the state can,
"operate and maintain a program for children with disabilities to provide and expedite provision of health care
services to children who have congenital birth defects or who are the victims of burns or trauma or children who
have acquired disabilities". To accomplish its statutory duties, the State has determined that public health services
are desirable in the Contractor's region.
The United State Department of Health and Human Services ("HHS"), through the Maternal and Child Health
Services Block Grant (MCH) has awarded the State Title V federal funds under Notice of Grant A ward ("NGA)
number B04MC04248 (See, Catalog of Federal Domestic Assistance ("CFDA") number 93.994). The State's
Prevention Services Division (PSD) is charged with the administration of funds from the Title V MCH Block Grant
to improve the health and well being of the maternal and child/adolescent populations through assessing population
needs, influencing health policy, engaging in strategic planning and coordinating/implementing best practices and
evidenced-based programs.
The authority for the administration of the Title V MCH Block Grant, including the maternal, child and children
with special health care needs resides in Title V of the Social Security Act, SS 501-509.
Each state that receives MCH funds from the HHS must demonstrate to the HHS that it has served three (3) distinct
population groups with the MCH funds. These three (3) distinct population groups are: "the perinatal population",
which is defined to include women of childbearing age, pregnant women, and mothers; the "child and youth
population", which is defined to include infants, children, and adolescents from birth through age twenty (20); and,
the "children with special health care needs population" (CSHCN), which is defined as those children who have, or
are at increased risk for a chronic physical, developmental, behavioral, or emotional condition and who also require
health and related services of a type or amount beyond that required by children generally.
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NOW, THEREFORE, in consideration of their mutual promises to each other, stated below, the parties hereto
agree as follows:
A. PERIOD OF PERFORMANCE AND TERMINATION. The proposed effective date of this Task Order
is October 1,2005. However, in accordance with section 24-30-202(1), C.R.S., as amended, this Task
Order is not valid until it has been approved by the State Controller, or an authorized designee thereof. The
Contractor is not authorized to, and shall not, commence performance under this Task Order until this Task
Order has been approved by the State Controller. The State shall have no financial obligation to the
Contractor whatsoever for any work or services or, any costs or expenses, incurred by the Contractor prior
to the effective date of this Task Order. If the State Controller approves this Task Order on or before its
proposed effective date, then the Contractor shall commence performance under this Task Order on the
proposed effective date. If the State Controller approves this Task Order after its proposed effective date,
then the Contractor shall only commence performance under this Task Order on that later date. The initial
term of this Task Order shall commence on the effective date of this Task Order and continue through and
including September 30, 2006, unless sooner terminated by the parties pursuant to the terms and
conditions of this Task Order. In accordance with section 24-103-503, C.R.S., as amended, and Colorado
Procurement Rule R-24-103-503, the total term of this Contract, including any renewals or extensions
hereof, may not exceed five (5) years.
B. DUTIES AND OBLIGATIONS OF THE CONTRACTOR.
1. The Contractor, in accordance with the terms and conditions of the Master Contract and this Task
Order, shall perform and complete, in a timely and satisfactory manner, all work items described
in the Statement of Work, which are incorporated herein by this reference, made a part hereof and
attached hereto as "Exhibit A".
2. The State and the Contractor have determined that the Contractor is a business associate under
HIPAA in regards to the TBI services in this Task Order. Contractor hereby agrees to, and has an
affirmative duty to, execute the State's current HIPAA Business Associate Agreement, which is
attached hereto as "Exhibit B", and incorporated herein by this reference. This Business
Associate Agreement shall be fully and properly executed by the Contractor and returned to the
State at the time the Contractor signs the primary task order of which this exhibit is a part.
e. DUTIES AND OBLIGATIONS OF THE STATE.
1. In consideration of those HCP services satisfactorily and timely performed by the Contractor
under this Task Order, the State shall cause to be paid to the Contractor a sum not to exceed
THIRTEEN THOUSAND SIX HUNDRED TWENTY-TWO DOLLARS, ($13,622.00) for the
initial term of this Task Order. Of the HCP financial obligation, Six Thousand One Hundred
Thirty Dollars, ($6,130.00) are identified as attributable to a funding source of the United States
government and, Seven Thousand Four Hundred Ninety-Two Dollars, ($7,492.00) are
identified as attributable to a funding source of the state of Colorado.
2. In consideration ofthose State Genetics Implementation Grant services satisfactorily and timely
performed by the Contractor under this Task Order, the State shall cause to be paid to the
Contractor a sum not to exceed TWO THOUSAND EIGHT HUNDRED FIFTY-EIGHT
DOLLARS, ($2,858.00) for the initial term of this Task Order. Of the State Genetics
Implementation Grant financial obligation, Two Thousand Eie:ht Hundred Fifty-Eie:ht Dollars,
($2,858.00) are identified as attributable to a funding source of the United States government and,
Zero Dollars, ($0.00) are identified as attributable to a funding source of the state of Colorado.
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hereto as "Exhibit D". To be effective, a Task Order Change Order Letter must be: signed by the
State and the Contractor; and, approved by the State Controller or an authorized designee thereof.
Additionally, a Task Order Change Order Letter shall include the following information:
A. Identification of the related Master Contract and this Task Order by their respective
contract routing numbers and affected paragraph number(s);
B. The type(s) of service(s) or program(s) increased or decreased and the new level of each
service or program;
C. The amount of the increase or decrease in the level of funding for each service or
program and the new total financial obligation;
D. A provision stating that the Task Order Change Order Letter is effective upon approval
by the State Controller, or designee, or its proposed effective date, whichever is later.
Upon proper execution and approval, a Task Order Change Order Letter shall become an
amendment to this Task Order. Except for the General and Special Provisions of the Master
Contract, and the Additional Provisions of the Task Order, if any, the Task Order Change Order
Letter shall supersede this Task Order in the event of a conflict between the two. It is expressly
understood and agreed to by the parties that the task order change order letter process may be used
only for increased or decreased levels of funding, corresponding adjustments to service or program
levels, and any related budget line items. Any other changes to this Task Order, other than those
authorized by the task order option to renew letter process described below, shall be made by a
formal amendment to this Task Order executed in accordance with the Fiscal Rules of the state of
Colorado.
If the Contractor agrees to and accepts a proposed Task Order Change Order Letter, then the
Contractor shall execute and return that Task Order Change Order Letter to the State by the date
indicated in that Task Order Change Order Letter. If the Contractor does not agree to and accept a
proposed Task Order Change Order Letter, or fails to timely return a partially executed Task Order
Change Order Letter by the date indicated in that Task Order Change Order Letter, then the State
may, upon written notice to the Contractor, terminate this Task Order no sooner than thirty (30)
calendar days after the return date indicated in the Task Order Change Order Letter has passed.
This written notice shall specifY the effective date of termination of that Task Order. If a Task
Order is terminated under this clause, then the parties shall not be relieved of their respective
duties and obligations under that Task Order until the effective date of termination has passed.
Increases or decreases in the level of contractual funding made through the task order change
order letter process during the initial, or renewal, term of a Task Order may only be made under
the following circumstances:
E. If necessary to fully utilize appropriations of the state of Colorado and/or non-
appropriated federal grant awards;
F. Adjustments to reflect current year expenditures;
G. Supplemental appropriations, or non-appropriated federal funding changes resulting in an
increase or decrease in the amounts originally budgeted and available for the purposes of
a Task Order;
H. Closure of programs and/or termination of related contracts or task orders;
I. Delay or difficulty in implementing new programs or services; and,
J. Other special circumstances as deemed appropriate by the State.
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2. Contractor shall cooperate with the State and provide all requested records regarding recipients for
whom services were provided under this Task Order.
3. The Contractor shall cooperate with the State to ensure that the program planning, evaluation, and
monitoring requirements as described in this Task Order and the Attachments are met. This
cooperation includes, but is not limited to participation in mutually agreed upon site visits at the
Contractor's location.
4. Contractor shall retain and use all revenues generated by the individual MCH Programs for
services in those programs.
5. The State is responsible to ensure that the program planning, evaluation, and monitoring
requirements as described in this Task Order and the Attachments are met by the Contractor. To
fulfill these responsibilities, the State has the right to make site visits and schedule any other
meetings at the Contractor's location.
6. The State HCP Office shall assure the HCP Regional Office provides technical assistance and that
the technical assistance is coordinated with the Public Health Nursing Consultant in the State's
Office of Local Liaison.
7. Title V, Section 504 (b) (6). Title V funds may not be used to pay for any item or service (other
than an emergency item or service) furnished by an individual or entity convicted of a criminal
offense under the Medicare or any State health care program (i.e., Medicaid, Maternal and Child
Health, or Social Services Block Grant Programs).
8. The Contractor agrees to provide services to all Program participants and employees in a
smoke-free environment in accordance with Public Law 103-227, also known as "the Pro-Children
Act of 1994", (Act). Public Law 103-227 requires that smoking not be permitted in any portion of
any indoor facility owned or leased or contracted for by an entity and used routinely or regularly
for the provision of health, day care, early childhood development services, education or library
services to children under the age of 18, if the services are funded by Federal programs either
directly or through State or local governments, by Federal grant, contract, loan, or loan guarantee.
The law also applies to children's services that are provided in indoor facilities that are
constructed, operated, or maintained with such Federal funds. The law does not apply to
children's services provided in private residences; portions of facilities used for inpatient drug or
alcohol treatment; service providers whose sole source of applicable Federal funds is Medicare or
Medicaid; or facilities where WIC coupons are redeemed. Failure to comply with the provision of
Public Law 103-227 may result in the imposition of a civil monetary penalty of up to $1,000 for
each violation and/or the imposition of an administrative compliance order on the responsible
entity. By signing this Task Order, the Contractor certifies that the Contractor will comply with
the requirements ofthe Act and will not allow smoking within any portion of any indoor facility
used for the provision of services for children as defined by the Act. The Contractor agrees that it
will require that the language of the Act be included in any subcontracts which contain provisions
for children's services and that all contractors shall sign and agree accordingly.
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12. Contractor shall ensure that the provisions of Section 601 of Title VI of the Civil Rights Act of
1964 are carried out. That Act states that "no person in the United States shall on the ground of
race, color, or national origin, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving Federal financial assistance."
The Office of Civil Rights has concluded that it is the responsibility of any program which is a
recipient of funds from the Department of Health and Human Services to ensure that clients who
do not speak or understand English well, be provided interpretation services to ensure that the
service provider and the client can communicate effectively. The Contractor shall have policies
and procedures to ensure that interpretation services are available for clients with Limited English
Proficiency and will advise such clients that an interpreter will be provided for them. If a client
has their own interpreter, they shall be advised that the Contractor will provide an interpreter if the
client so chooses.
13. The services or activities under this Task Order may be carried out by the Contractor itself, or
through subcontracts with other providers or, through collaborative partnerships with other
community partners. The State authorizes the Contractor to subcontract some, or all, of the
services that are to be performed under this Task Order. However, a subcontractor is subject to all
of the terms and conditions of this Task Order. Additionally, the Contractor remains ultimately
responsible for the timely and satisfactory completion of all work performed by any
subcontractor(s) under this Task Order. If the Contractor desires to subcontract some, or all, of the
services that are to be performed under this Task Order, the Contractor shall obtain the prior,
express, written consent of the State before entering into any subcontract.
14. The parties hereby understand, agree and stipulate that this Task Order, contract routing number
06 FLA 00982, dated July 31, 2006, is being entered into to take the place of the current Task
Order, contract routing number 06 FLA 00713, dated AUl!ust 26, 2005. This action is being taken
in order to replace the IRIS II database requirements with the new HCP/Clinical Health
Information Record of Patients (CHIRP) database requirements and provide revised TBI Care
Coordination Policies and Procedures for the current Task Order term of October 1, 2005 through
and including September 30, 2006. The current Task Order between the parties, identified by
contract number 06 FLA 00713, dated AUl!ust 26, 2005, shall automaticaliy terminate in its
entirety upon the full execution, including approval by the State Controller's Office, of this Task
Order, but in no case sooner than the intended effective date of this Task Order. This Task Order,
contract routing number 06 FLA 00982, dated July 31, 2006, upon full execution, including
approval by the State Controller's Office, but in no case sooner than its intended effective date,
shall in all cases supersede, govern and control the work described herein between the parties. It
is the parties' intent that there be no break in service between the automatic termination of the
current Task Order, contract routing number 06 FLA 00713, dated AUl!ust 26, 2005 and the
effective date of this Task Order, contract routing number 06 FLA 00982, dated July 31, 2006.
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IN WITNESS WHEREOF, the parties hereto have executed this Task Order as of the day first above written.
CONTRACTOR: STATE:
BOARD OF COUNTY COMMISSIONERS OF STATE OF COLORADO
EAGLE COUNTY Bill Owens, Governor
(a political subdivision ofthe state of Colorado)
for the use and benefit of the
Eagle County Nursing Service
By: By:
Name: For the Executive Director
Title: DEPARTMENT OF PUBLIC HEALTH
FEIN: AND ENVIRONMENT
Date: Date:
(Seal) ATTEST: APPROVAL:
By:
City, City and C unty, County,
Special District, or Town Clerk or Equivalent
APPROVALS:
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until
the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to
begin performance until the contract is signed and dated below. If performance begins prior to the date
below, the State of Colorado may not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER:
Leslie M. Shenefelt
By:
Date:
Revised: 1115/04
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