HomeMy WebLinkAboutC08-278DI~.P.\R"fRif?N'I' <)F NUBI,IC I ^?.V:1'I (.\ND 1?M'IRONMI~:N'f ROUTING NO. 09 FHA 00121 APPROVED TASK ORDER CONTRACT -WAIVER #154 This Task Order Contract is issued pursuant to Master Contract made on 01/23/07, with routing number OS FHA 00016 ti I'~\'l F. State of Colorado for the use & benefit of the Department of Public Health and Environment DCEED/IMN 4300 Cherry Creek Drive South Denver, Colorado 80246 1 ASK ORULiR MADE U,CI'E 9/03/08 P<)/SC h.NCChIBRANCI~. NL'~IBE•.R PO FHA IM1~I0900121 L}?RM. This Task Order shall be effective upon approval by the State Controller, or designee, or on 10/01/08, whichever is later. The Task Order shall end on 06/30/09. PRICE S'I'RliCI L'RE FIXED PRICE PROCL'REbfEN'I' MM.111OD EXempt BID/KFP/LIST PRICE .\GRF?EbtEN'F NL6IBER. Not Applicable LA\C' SPECIFIED Vb.NDOR S'FA'11"FE. Not Applicable ST,\ f E i REPRk?S EN'I'A' I'I VF. BETH HOFF~I~~N Department of Public Health and Environment DCEED-I:~IN .~-3 -1300 Cherry Creek Drive South Denver, CO 80246 (;( )N'1'RA(; I'UR Board of County Commissioners of Eagle County for the use and benefit of the Eagle County Health & Human Services 551 Broadway Eagle, CO 81631 C<)N'I'IL\CI'OR I:NTI'fY "ll'PI4 Colorado Political Subdivision CON'[ IU\CCOR b EIN OR SOCL\I. S ECL' RI'fY N U FIBER 846000462 BILLING STA'I'LMEN"IS RECEIVED. QUARTERLY 5 FA'FL'TORY AL''IFIORITI' SECTION 25-4-905.C/R/S/. AS AMENDED C<)N'I'RACT PRICF. NO'1"I'U ['sXCF?ED• $49,429.00 bF'.DF.RAL FCNDING DOLLARS $0.00 ST'A'FF; FUNDING UOLLARS: $49,429.00 ~(AXIMUM AbfOCNT AVAILABLE PER FISCAL YFjAR. FY 09 $49,429.00 CUNT RAC1'OR REPRESI?NTATIV E. Eagle County Health & Human Services 551 Broadway Eagle, CO 81631 SC(fl'F: OF \C ORK THE CONTRACTOR SHr1LLPARTICI SPATE IN FORI~fULATING PUBLIC POLICIES IN COLLABORATION ~`UITH COMMUNITY LEADERS DESGINED TO SOLVE LOCAL I1~11'~IUNIZATION ACCESS BY PROMOTING, EDUCATING & SUPPORTING REMINDER/REGAL. ACTNTES, EVALUATING ACCESS TO APPROPRIATE I1~IIRIUNIZATION SERVICES, AND SUPPORTING THE COLORADO. SUPPLEMENTAL NUTRITION PROGRAM-WOMAN, INFANTS AND CHILDREN (WIC). Page 1 of 4 I.SfI[l;l'1'S The following exhibits are hereby incorporated: Exhibit A - Additional Provisions (and its attachments if any - e.g, A-1, ~-2, etc.) Exhibit B - Statement of ~'i/ork and Budget (and its attachments if any - e.g., B-1, B-2, etc.) Exhibit C - Limited Amendment Template for Task Orders GENERAL PROVISIONS The following clauses apply to this Task Order Contract. These general clauses may have been expanded upon or made more specific in some instances in exhibits to this Task Order Contract. To the extent that other provisions of this Task Order Contract provide more specificity than these general clauses, the more specific provision shall control. This Task Order Contract is being entered into pursuant to the terms and conditions of the Master Contract including, but not limited to, Exhibit One thereto. The total term of this Task Order Contract, including any renewals or extensions, may not exceed five (5) years. The parties intend and agree that all work shall be performed according to the standards, terms and conditions set forth in the Master Contract. 2. In accordance with section 24-30-202(1), C.R.S., as amended, this Task Order Contract is not valid until it has been approved by the State Controller, or an authorized delegee thereof. The Contractor is not authorized to, and shall not; commence performance under this Task Order Contract until this Task Order Contract has been approved by the State Controller or delegee. 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 Contract. If the State Controller approves this Task Order Contract on or before its proposed effective date, then the Contractor shall commence performance under this Task Order Contract on the proposed effective date. If the State Controller approves this Task Order Contract after its proposed effective date, then the Contractor shall only commence performance under this Task Order Contract on that later date. The initial term of this Task Order Contract shall continue through and including the date specified on page one of this Task Order Contract, unless sooner terminated by the parties pursuant to the terms and conditions of this Task Order Contract and/or the Master Contract. Contractor's commencement of performance under this Task Order Contract shall be deemed acceptance of the terms and conditions of this Task Order Contract. 3. The Master Contract and its exhibits and/or attachments are incorporated herein by this reference and made a part hereof as if fully set forth herein. Unless otherwise stated, all exhibits and/or attachments to this Task Order Contract are incorporated herein and made a part of this Task Order Contract. Unless otherwise stated, the terms of this Task Order Contract shall control over any conY7icting terms in any of its exhibits. In the event of contlicts or inconsistencies between the Master Contract and this Task Order Contract (including its exhibits and/or attachments), or between this Task Order Contract and its exhibits and/or attachments, such contlicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1) the Special Provisions of the Master Contract; 2) the Master Contract (other than the Special Provisions) and its exhibits and attachments in the order specified in the Master Contract; 3) this Task Order Contract; 5) the Page 2 of -t Additional Provisions -_Exhibit A, and its attachments if included, to this Task Order Contract; 4) the Scope/Statement of Work -Exhibit B, and its attachments if included, to this Task Order Contract; 6) other exhibits/attachments to this Task Order Contract in their order of appearance. 4. The Contractor, in accordance with the terms and conditions of the Master Contract and this Task Order Contract, shall perform and complete, in a timely and satisfactory manner, all work items described in the Statement of Work and Budget, which are incorporated herein by this reference, made a part hereof and attached hereto as "Exhibit B". 5. The State, with the concurrence of the Contractor, may, among other things, prospectively renew or extend the term of this Task Order Contract, subject to the limitations set forth in the Master Contract, increase or decrease the amount payable under this Task Order Contract, or add to, delete from, and/or modify this Task Order Contract's Statement of Work through a "Limited Amendment for Task Orders" that is substantially similar to the sample form Limited Amendment that is incorporated herein by this reference and identified as Exhibit C. To be effective, this Limited Amendment must be signed by the State and the Contractor, and be approved by the State Controller or an authorized delegate thereof. Upon proper execution and approval, this Limited Amendment shall become a formal amendment to this Task Order Contract. This contract is subject to such modifications as may be required by changes in Federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this Task Order Contract on the effective date of such change as if fully set forth herein. 6. The conditions, provisions, and terms of any RFP attached hereto, if applicable, establish the minimum standards of performance that the Contractor must meet under this Task Order Contract. If the Contractor's Proposal, if attached hereto, or any attachments or exhibits thereto, or the Scope/Statement of Work - Exhibit B, establishes or creates standards of performance greater than those set forth in the RFP, then the Contractor shall also meet those standards of performance under this Task Order Contract. Page 3 of -1 IN WITNESS WHEREOF, the State has executed this 'T'ask Order Contract as of the day first above written. * Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and acknowledge that the State is relying on their representations to that effect and accept personal responsibility for any and all damages the State may incur for any errors in such representation. CONTRACTOR: STATE OF COLORADO: Board of County Commissioners of Eagle County BILL BITTER, JR. GOVERNOR for the used and benefit of the Eagle County Health & Human Services Legal Name of Contracting Entity By For Executive Director Department of Public Health and Environment Department Program Approval: Signature of Auth rued Officer ['Tint Name & Title of Authorized Officer 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: David J. McDermott, CPA sy Date Page 4 of -t EXHIBIT A ADDITIONAL PROVISIONS To Task Order Contract Dated 09/03/2008 -Contract Routing Number 09 FHA 00121 These provisions are to be read and interpreted in conjunction with the provisions of the Task Order Contract specified above. I. Health Insurance Portability and Accountability Act (HIPAA) Business Associate Determination. The State has determined that this contract does not constitute a Business Associate relationship under HIPAA. 2. Reimbursement under this Task Order Contract shall be made to the Contractor by the State in two (2) payments of 16 476.33 each and one (1) payment of 16 476.34. Final billings under this Task Order Contract must be received by the State within a reasonable time after the expiration or termination of this Task Order Contract, but in no event no later than sixty (60) calendar days from the effective expiration or termination date of this Task Order Contract. The final payment for this Task Order Contract, is contingent upon the State's receipt of an annual statement from the Contractor in the form attached hereto as Attachment A-1, which is incorporated herein by this reference. The Contractor shall submit an online Immunization Program progress report to the State. The progress report is due within fifteen (15) calendar days of the end of the reporting period. This progress report shall document the Contractor's progress towards completion of the activities described herein. The Contractor's June payment shall not be reimbursed by the State until the requisite progress report is submitted to the State by the Contractor. Reporting period and progress report due date is as follows: Progress Period Due Date October 1, 2008 -December 31,2008 January 15, 20098 January 1, 2009 -June 30, 2009 July 15, 2009 3. Time Limit For Acceptance Of Deliverables. a. Evaluation Period. The State shall have sixty (60) calendar days from the date a deliverable is delivered to the State by the Contractor to evaluate that deliverable, except for those deliverables that have a different time negotiated by the State and the Contractor. b. Notice of Defect. If the State believes in good faith that a deliverable fails to meet the design specifications for that particular deliverable, or is otherwise deficient, then the State shall notify the Contractor of the failure or deficiencies, in writing, within sixty (60) calendar days of: 1) the date the deliverable is delivered to the State by the Contractor if the State is aware of the failure or deficiency at the time of delivery; or 2) the date the State becomes aware of the failure or deficiency. The above time frame shall apply to all deliverables except for those deliverables that have a different time negotiated by the State and the Contractor in writing pursuant to the State's fiscal rules. c. Time to Correct Defect. Upon receipt of timely written notice of an objection to a completed deliverable, the Contractor shall have a reasonable period of time, not to exceed sixty (60) calendar days, to correct the noted deficiencies. If the Contractor fails to correct such deficiencies within (60) calendar days, the Contractor shall be in default of its obligations under this Task Order Contract and the State, at its option, may elect to terminate this Task Order Contract or the Master Contract and all Task Order Contracts entered into pursuant to the Master Contract. To be attached to CDPHE Page 1 of 1 Revised: 1 Z/ 19/06 Task Order v 1.0 (11/OS) contract template ' Attachment A-1 ~~ • cow ~w . ~,=- ~ ~~ ~~~~~ " ~-'''`~ -~ COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT . -,~, ~ :~ «'~*~,~~»~ * IMMUNIZATION PROGRAM .w/876+ Colorado Department 2008 CONTRACT REIMBURSEMENT CERTIFICATION FORM of Public Health and Environment Please return by Iuly 15, 2009 RE: Amendment 35 Immunization Contract TO: Colorado Department of Public Health and Environment -Immunization Program 4300 Cherry Creek Drive South, IMM-A3 Denver, Colorado 80246 Fax: 303-691-6118 FROM: Tax ID#: PROJECT PERIOD: October 1, 2008 through June 30, 2009 This is to certify that the contract services have been performed per Contract Routing Number: for the period stated above. SIGNATURE: Contractor or Authorized Designee Date For CDPHE staff to complete: I hereby certify that all contract requirements have been met and final payment of $ for contract services for the period February 1, 2008 through June 30, 2008 is authorized. SIGNATURE: Program Director or Authorized Designee Date EXHIBIT B STATEMENT OF WORK To Task Order Contract Dated 09/03/2008 -Contract Routing Number 09 FHA 00121 These provisions are to he read and interpreted in conjunction with the provisions of the Task Order Contract specified above. I . The Contractor, in accordance with the terms and conditions of this contract, shall perform and complete, in a timely and satisfactory manner, all activities described in the approved Scope of Work that is attached hereto as Attachment B- l and incorporated in accordance with the associated Budget which is attached hereto as Attachment B-2 and incorporated herein. To be attached to CDPHE Page 1 of 1 Revised: 12/ 19/06 Task Order v 1.0 (11/OS) contract template Attachment B-1 IMMUNIZATION SERVICE DELIVERY PROGRAM SCOPE OF WORK To best meet the immunization needs of the citizens of Colorado and to ensure immunization best practices are provided around the state, the contractor shall use the funding provided by this Contract to augment any of the following activities: • Meet with community leaders to work towards formulating policies designed to solve local immunization access issues. • Follow the Standards for Child and Adolescent Immunization Practices (CDC, 2006) to assure all populations have access to appropriate immunization services and evaluate the effectiveness of the services provided. • Promote, educate and support providers regarding the value of active participation in reminder/recall activities. • Conduct onsite clinical services with optimal access such as non-traditional clinic access, "express lane" or drop-in appointments, and use incentives to encourage completion of children's primary immunization schedule. • Develop and follow appropriate procedures for vaccine storage and handling with appropriate clinic equipment and implement written policies and procedures for vaccine storage, vaccine ordering and emergency response. Utilize up-to-date written protocols and have them readily accessible at all locations where vaccines are administered, and ensure all persons who administer vaccines and staff who manage or support vaccine administration are knowledgeable and receive ongoing education. • Provide support for immunization initiatives through the Colorado Supplemental Nutrition Program- Women, Infants, and Children (WIC) by providing vaccinations on site, assessing immunization histories and referring children appropriately and/or distributing educational materials regarding immunizations and locally available services. The Contractor shall submit two (2) online Immunization Program progress report to the State. The progress report is due within fifteen (l5) calendar days of the end of the reporting period. This progress report shall document the Contractor's progress towards completion of the activities described herein. The Contractor's June payment may not be reimbursed by the State until the required progress report is received by the State from the Contractor. Reporting periods and progress report due dates are as follows: Reporting_Period Due Date October 1, 2008 through December 31, 2008 January 15, 2009 January 1, 2009 through June 30, 2009 July 15, 2009 Throughout the 2009 funding period, the CDPHE Immunization Program will conduct ongoing project monitoring and provide technical assistance as needed. If after the State receives and reviews the progress report for the period of October 1, 2008 through December 31, 2008 it appears the Contractor is not progressing towards the completion of any activity afollow-up work plan may be requested and additional technical assistance shall be provided. In an extreme situation, and in consultation with the Contractor, the CDPHE Immunization Program reserves the right to reduce or withhold payments due to poor project performance. Page l of 1 ATTACHMENT B-2 BUDGET CONTRACTOR: Eagle County PR_ OjECT: Immunization Amendment 35 Program FOR THE PERIOD: October 1, 2008 through June 30, 2009 Funded by CDPHE Budget for Current Term I $49,429 TOTAL AMOUNT $49,429 Page 1 of 1 EXHIBIT C DEPARTMENT OR AGENCY NAME COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT (ADD PROGRAM NAME HERE) DEPARTMENT OR AGENCY NUMBER *** CONTRACT ROUTING NUMBER **_***** ELIMINATE ALL INFORMATION APPEARING IN RED LIMITED AMENDMENT FOR TASK ORDERS #* This Limited Amendment is made this * * * * day of * * * * * * * * *, 200*, by and between the State of Colorado, acting by and through the DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, whose address or principal place of business is 4300 Cherry Creek Drive South, Denver, Colorado 80246, hereinafter referred to as the "State"; and, LEGAL NAME OF ENTITY, (legal type of entity), whose address or principal place of business is Street Address, City, State & Zip Code, hereinafter referred to as the "Contractor". FACTUAL RECITALS The parties entered into a Master Contract, dated * * * * * * * * * *, * * * *, with contract routing number * * * * * * * * * * "the Master Contract"). Pursuant to the terms and conditions of the Master Contract, the parties entered into a Task Order Contract, dated ******** **, ****, with contract encumbrance number PO *** ********** and contract routing number ** *** *****, [insert the following if previous amendment(s), change order(s), renewal(s) have been processed: as amended by] [include all previous amendment(s), change order(s), renewal(s) and their routing numbers], [insert the following if previous amendment(s), change order(s), renewal(s) have been processed: collectively] referred to herein as the "Original Task Order Contract, whereby the Contractor was to provide to the State the following: [Briefly describe what the Contractor was to do under the Original Task Order Contract -indent this paragraph] [Please choose one of the following four options and delete the other three options not selected] The State promises to [choose one and delete the other] increase/decrease the amount of funds to be paid to the Contractor by ********** Dollars, ($*.**) during the current term of the Original Task Order Contract in exchange for the promise of the Contractor to perform the [choose one and delete the other] increased/decreased work under the Original Task Order Contract. Page 1 of 5 The State promises to pay the Contractor the sum of ********** Dollars, $( *.**) in exchange for the promise of the Contractor to continue to perform the work identified in the Original Task Order Contract for the renewal term of **** years/months, ending on ******** ** ****. The State promises to [choose one and delete the other] increase/decrease the amount of funds to be paid to the Contractor by ********** Dollars, $( *.**1 for the renewal term of **** [choose one and delete the other] years/months, ending on ******** **, ****, in exchange for the promise of the Contractor to perform the [choose one and delete the other] increased/decreased work described herein. The State hereby exercises a "no cost" change to the [choose those that apply and delete those that don't apply] budget, specifications within the Statement of Work, project management/manager identification, notice address or notification personnel, or performance period within the [choose one and delete the other] current term of the Original Task Order Contract or renewal term of the Original Task Order Contract. NOW THEREFORE, in consideration of their mutual promises to each other, stated below, the parties hereto agree as follows: 1. Consideration for this Limited Amendment to the Original Task Order Contract consists of the payments and services that shall be made pursuant to this Limited Amendment, and promises and agreements herein set forth. 2. It is expressly agreed to by the parties that this Limited Amendment is supplemental to the Original Task Order Contract, contract routing number ** *** *****, [insert the following language here if previous amendment(s), change order(s), renewal(s) have been processed] as amended by [include all previous amendment(s), change order(s), renewal(s) and their routing numbers], [insert the following word if previous amendment(s), change order(s), renewals} have been processed, otherwise delete "collectively"]collectively referred to herein as the Original Contract, which is by this reference incorporated herein. All terms, conditions, and provisions thereof, unless specifically modified herein, are to apply to this Limited Amendment as though they were expressly rewritten, incorporated, and included herein. 3. It is expressly agreed to by the parties that the Original Task Order Contract is and shall be modified, altered, and changed in the following respects only: [Please choose one of the following three options and delete the two options not selected] A. [Use this paragraph when changes to the funding level of the Original Task Order Contract occur during the current term of the Original Task Order Contract] This Limited Amendment is issued pursuant to paragraph 5 of the Original Task Order Contract identified by contract routing number ** *** *****. This Limited Amendment is for the current term of ********* ** Page 2 of 5 EXHIBIT C ****, through and including ********* **, ****. The maximum amount payable by the State for the work to be performed by the Contractor during this current term is [choose one and delete the other] increased/decreased by ********** Dollars, $( *.**) for an amended total financial obligation of the State of ********** DOLLARS, ($*.**). (Delete the following sentence if not applicable in your situation] The revised Statement of Work is incorporated herein by this reference and identified as "Attachment *". [Delete the following sentence if not applicable in your situation] The revised Budget is incorporated herein by this reference and identified as "Attachment *". The Original Task Order Contract is modified accordingly. All other terms and conditions of the Original Task Order Contract are reaffirmed. A. [Use this paragraph when the Original Task Order Contract will be renewed for another term] This Limited Amendment is issued pursuant to paragraph 5 of the Original Task Order Contract identified by contract routing number ** *** *****. This Limited Amendment is for the renewal term of ********* ** ****, through and including ********* **, ****. The maximum amount payable by the State for the work to be performed by the Contractor during this renewal term is ********** Dollars, $( *.**) for an amended total financial obligation of the State of ********** DOLLARS, ($*.**). [Delete the following sentence if not applicable in your situation] The revised Statement of Work is incorporated herein by this reference and identified as "Attachment *". [Delete the following sentence if not applicable in your situation] The revised Budget is incorporated herein by this reference and identified as "Attachment *". The Original Task Order Contract is modified accordingly. All other terms and conditions of the Original Task Order Contract are reaffirmed. A. [Use this paragraph when there are "no cost changes" to the Budget, the specifications within the original Statement of Work, allowable contract provisions as noted, or performance period.] This Limited Amendment is issued pursuant to paragraph 5 of the Original Task Order Contract identified by contract routing number ** *** *****. This Limited Amendment [choose those that apply and delete those that don't] modifies the Budget in [identify location in contract], modifies the Statement of Work in [identify location in contract], modifies the project management/manager identification in [identify location in contract], modifies the notice address or notification personnel in (identify location in contract], modifies the period of performance in [identify location in contract] of the Original Task Order Contract. The revised [choose those that apply and delete those that don't] Budget, Statement of Work, project management/manager identification, notice address or notification personnel, or period of performance is incorporated by this reference and identified as. All other terms and conditions of the Original Task Order Contract are reaffirmed. 4. The effective date of this Limited Amendment is **/**/****, or upon approval of the State Controller, or an authorized delegate thereof, whichever is later. Page 3 of 5 5. Except for the Special Provisions and other terms and conditions of the Master Contract and the General Provisions of the Original Task Order Contract, in the event of any conflict, inconsistency, variance, or contradiction between the terms and provisions of this Limited Amendment and any of the terms and provisions of the Original Task Order Contract, the terms and provisions of this Limited Amendment shall in all respects supersede, govern, and control. The Special Provisions and other terms and conditions of the Master Contract shall always control over other provisions of the Original Task Order Contract or any subsequent amendments thereto. The representations in the Special Provisions to the Master Contract concerning the absence of personal interest of state of Colorado employees and the certifications in the Special Provisions relating to illegal aliens are presently reaffirmed. 6. FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFTER THE CURRENT FISCAL YEAR ARE CONTINGENT UPON FUNDS FOR THAT PURPOSE BEING APPROPRIATED, BUDGETED, AND OTHERWISE MADE AVAILABLE. Page 4 of 5 EXHIBIT C IN WITNESS WHEREOF, the parties hereto have executed this Limited Amendment on the day first above written. CONTRACTOR: [LEGAL NAME OF CONTRACTOR] (a political subdivision of the State of Colorado) By: Name• Title: _ HEALTH FEIN: ATTEST: Because the Contractor is a governmental entity, an attestation is required (Seal, required) By: City, City and County, County, Special District, or Town Clerk or Equivalent [Delete inapplicable language.) By: ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This limited amendment 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 goods and/or services provided. STATE CONTROLLER Leslie M. Shenefelt By: Date: STATE: By: STATE OF COLORADO Bill Ritter, Jr. Governor For the Executive Director DEPARTMENT OF PUBLIC AND ENVIRONMENT PROGRAM APPROVAL: Page 5 of 5