HomeMy WebLinkAboutC09-208 HHS Contract Amendment Traumatic Brain Injury• • STAT~, OF COLOIZADO Bill Ritter, Jr., Governar James B. Martin, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Laboratory Services Division enver, o o~ac7o-8024~~330 -8100 Cowry v. Phone (303) 692-2000 Denver, Colorado 80230-6928 TDD Line (303) 691-7700 (303) 692-3090 Located in Glendale. Colorado http://www.cdphe.state.co. us WORK STATUS CONFIRMATION LETTER Vendor Name: OF COC ~~, ~~y ~¢'~~` o * ~~~ * _ - _ * ~876 ~ Colorado Department of Public Health and Environment Contract Routing Number: ~O~' ~a~q g CRS §24-30-202 requires the State Controller to approve all State Contracts. The above referenced Amendment is not valid until it is signed and dated below by the State Controller or delegate. Therefore, your agency is not authorized to begin performance until you are notified that it's signed. If your agency begins performing Contract tasks prior to that date, the State of Colorado is not obligated to pay your agency for such performance or for any goods and/or services provided prior to the date signed. By signing below, your confirm that (Signature MUST be that of the person signing the Contract) a) No work has been performed under this contract b) No work will begin under this contract until the contract is signed by the State Controller ar on the effective date, whichever is later. ~ Signature of uthorized Officer S7 p~ , ~~iS l-7~ _t_ Print N e of Authorized Officer Ch ,~~ ~ ~.-m ~,~~ Print Title of Authorized Officer ~~~ ~~ ~~ 1 Da~ Signed RETURN THIS LETTER TO: Natalie Ordonez-Campbell, Contracts Manager Colorado Department of Public Health & Environment Center far Healthy Families & Communities, Fiscal Services Unit 4300 Cherry Creek Drive South PSD-CHFGA4 Denver, CO 80246-1530 ~ ~ DEPARTMENT OR AGENCY NAME COLORADO DEPARTMENT OF PUBLICHEALTH AND ENVIRONMENT PSD - TBI DEPARTMENT OR AGENCY NUMBER FLA CONTRACT ROUTING NUMBER 10-00298 ~ CONTRACT AMENDMENT #1 THIS AMENDMENT, made this lst day of Mav, 2009, by and between the State of Colorado for the use and benefit of the DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, whose address or principal place of business is 4300 Cherrv Creek Drive South, Denver, Colorado 80246, hereinafter referred to as "the State"; and, BOARD OF COUNTY COMMISSIONER5 OF EAGLE COUNTY,(a uolitical subdivision of the state of Coloradol, whose address or principal place of business is 500 Broadwav. Eaele, CO 81631-0850 for the use and benefit of the EAGLE CODUNTY PUBLIC HEALTH AGENCY, formerly known as EAGLE COUNTY HEALTH AND HUMAN SERVICES whose address or principal place of business is 551 Broadwav, Ea~le, CO 81631, hereinafter referred to as the "Contractor". FACTUAL RECITALS Authority exists in the Law and Funds have been budgeted, appropriated, and otherwise made available and a sufficient unencumbered balance thereof remains available for payment; and Required approval, clearance, and coordination has been accomplished from and with all appropriate agencies; and The parties entered into a Master Contract, dated Januarv 23, 2007, with contract routing number 08 FAA 00016. Pursuant to the terms and conditions of the Approved Task Order Contract, the parties entered into a Task Order Contract, dated Au~ust 10, 2007, with contract encumbrance number PO FLA HCP090000001, and contract routing number 09 FLA 00111, whereby the Contractor was to provide to the State the following: Working in partnership with the State and other local agencies to provide care coordination for families who have children with Traumatic Brain Injury (TBI) and are enrolled in the TBI Trust Fund Program. The purpose far this amendment is described below. To renew the contract for one year, to modify the Statement of Work and to incorporate a new provision to the General Provisions of the Limited Amendment Task Order Contract, concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system. NOW THEREFORE, it is hereby agreed that 1. Consideration for this amendment to the original task order contract, dated Apri18, 2008, with contract routing number 09 FLA 00111 and contract encumbrance PO FLA HCP090000001, consists of the payments which shall be made pursuant to this amendment and the promises and agreements herein set forth. Page t of 4 rev 4/3/09 • ~ 2. It is expressly agreed to by the parties that this Amendment is supplemental to the original limited amendment task arder contract, contract routing number, 09 FLA OOll 1, referred to herein as the Original Task Order Contract, which is by this reference incorporated herein. All terms, conditions, and provisions thereof, unless specifically modified herein, are to apply to this Amendment as though they were expressly rewritten, incorporated, and included herein. 3. It is agreed the original task order contract is and shall be modified, altered, and changed in the following respects only: A. This Amendment is issued pursuant to paragraph 16.b. of the Original Contract identified by contract routing number 08 FAA 00016, dated Januarv 23, 2007. The Contractor's legal name in the ariginal contract is hereby changed from EAGLE COUNTY HEALTH AND HUMAN SERVICES to the Contractor's new legal name of EAGLE COUNTY PUBLIC HEALTH AGENCY. The Contractor's FEIN remains the same as it was under the ariginal contract. The State desires to continue working with the Contractor under the new name and EAGLE COUNTY PUBLIC HEALTH AGENCY desires to continue working with the State. B. This Amendment is issued pursuant to paragraph 5. of the Original Task Order Contract identified by contract routing number 09 FLA OOll 1. This Amendment is for the renewal term of Julv 1, 2009, through and including June 30, 2010. The revised specification to the original Statement of Work for this renewal term is incorporated herein by this reference and identified as Exhibit E. B. The General Provisions of the Contract are hereby modified to incorporate the following language: By entering into this Task Order Contract, Contractor agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system. Contractor's performance shall be evaluated in accordance with the terms and conditions of this Task Order Contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation of Contractor's performance shall be part of the normal contract administration process and Contractor's performance will be systematically recorded in the statewide Contract Management System. Areas of review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Contractor's obligations under this Task Order Contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of the Statement of Project of this Task Order Contract. Such performance information shall be entered into the statewide Contract Management System at intervals established in the Statement of Project and a final review and rating shall be rendered within 30 days of the end of the Task Order Contract term. Contractor shall be notified following each performance and shall address or correct any identified problem in a timely manner and maintain work progress. Should the fmal performance evaluation determine that Contractor demonstrated a gross failure to meet the performance measures established under the Statement of Project, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Colarado Department of Public Health and Environment, and showing of good cause, may debar Contractor and prohibit Contractor from bidding on future contracts. Contractor may contest the final evaluation and result by: (i) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (ii) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Contractor, by the Executive Director, upon showing of good cause. The original task order contract is modified accordingly. All other terms and conditions of the Original Task Order Contract are reaffirmed. Page 2 of 4 rev 4/3/09 • ! 4. The effective date of this amendment is upon approval of the State Controller or Julv 1, 2009, whichever is later. Except far the "Special Provisions", in the ev,ent of any conflict, inconsistency, variance, or contradiction between the provisions of this amendment and any of the provisions of the original contract, the provisions of this amendment shall in all respects supersede, govern, and control. The "Special Provisions" shall always be controlling over other provisions in the contract or amendments. The representations in the Special Provisions concerning the absence of bribery or corrupt influences and personal interest of State employees 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 3 of 4 rev 4/3/09 • . IN WITNESS WHEREOF, the parties hereto have executed this amendment on 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. CONTRACTOR: BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, (a political subdivision of the State of Colorado) for the use and benefit of the EAGLE COUNTY PUBLIC HEALTH AGENCY ~- Signature o Authorized Officer S~ A-~' t~- .~ ~~ 1 s ~, 2~ Print Name of Authorized Officer ~-- ~ (~- i fZ- ~'I~ /~-- ~(.~ Print Title of Authorized Of~cer STATE: STATE OF COLORADO Bill Ritter, Jr. Governor By: For the Executive Director DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Signatory avers to the State Controller or that Contractor has not begun performance or that a Statutory Violation waiver has been requested under Fiscal Rules PROGRAM APPROVAL: By: ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is~ not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods andlor services provided hereunder. STATE CONTROLLER David J. McDermott, CPA By: ^Kevin Edwards ^Yvonne Anderson ^Robert Jaros ^Donald Rieck Date: Page 4 of 4 rev 4/3/09 - - EXHIBIT E STATEMENT OF WORK To Contract Dated May 1, 2009 - Contract Routing Number 10 FLA 00298 These provisions are to be read and interpreted in conjunction with the provisions of the Contract specified above. The revised Statement of Work is effective July 1, 2009. t. Under this Task Order, the Contractor, shall provide TBI Trust Fund Program care coordination services for families who reside in Eagle Count~ County(ies), who have children with Traumatic Brain Injury (TBI) and are enrolled with the TBI Trust Fund Program. TBI Trust Fund Program care coordination services are defined and described in the Health Care Proeram for Children with Special Needs (HCP) Policies and Procedures Manual available on the HCP website: www.hcpcolorado.or~ . The manual is periodically updated and the Contractor will be notified by email when updates/revisions are made. The Contractor is resp"onsible for complying with any updates/revisions. The HCP Policies and Procedures Manual is incorporated and made part hereof by reference. The Contractor may be required to submit periodic progress reports as requested by CDPHE. This may include an annual report, which will be due within thirly (30) day after the termination of this contract. 2. The Contractor shall use the "HCP Policy and Procedures for Care Coordination Services for Children and Youth with Traumatic Brain Injury" section in the HCP Policies and Procedure Manual, to implement and document the TBI Trust Fund Program, If the State believes in good faith that an activity or service fails to meet the standard for that particular activity or service, or is otherwise deficient, then the State shall notify the Contractor of the failure or deficiencies in writing. Corrective action shall be addressed through a Performance Improvement Plan (PIP) or some other method defined by the State. Due dates for completion of activities listed in a PIP will be negotiated on a case by case basis. If the Contractor fails to correct such deficiencies, the Contractor shall be in default of its obligations under this Contract and the State, at its option, may elect to withhold payment or terminate this Contract. 3. The Contractor shall make available to the State or other duly authorized agent or governmental agency, for audits and/or inspection, TBI care coordination plans and accompanying client records for whom TBI Trust Fund services were provided, at any reasonable time during the term of this contract and for a period of three (3) years following the termination of this contract to assure compliance with its terms, and/or to evaluate the Contractor's performance. 4. The Contractor shall perform and complete, in a timely and satisfactory manner, all activities and services related to this Task Order in accordance with the HCP Policies and Procedures Manual. 5. The Contractor shall work collaboratively with the State and the assigned HCP Regional Office for consultation, technical assistance, oversight, and training for TBI Care Coordinators including TBI Program documentation in the Health Care Program for Children with Special Needs database (the Clinical Health Record of Patients (CHIRP) and to ensure that all HCP/CHIRP database users follow the HCP/CHIRP database policies and procedures outlined by the State. Page 1 of 2 ~ ~ T 1) Requested hearin~ date: (Fir~choice) 6/30/2009 (S~ond choice) 7 2) For County Mana~er si~~4ature: ~ 3) 4) Title: Colorado Departm~t of Public Health and Environment TBI Contract Amendment to Task Order Contract ~~d ~- ~ t~~~'g ~ ~ 5) Check one: N/A Consent: On the Record: 6) Staff submittin~: Becky Larson, Epidemiologist 7) Purpose: This Task Order, from the Colorado Department of Public Health and Environment, provides funds for the Eagle County Department of Public Health to coordinate care to eligible families who have children with traumatic brain injuries (TBI) and enrolled in the TBI Trust Fund Program. 8) Schedule: The task order is for the state FY 2010: July 1, 2009 - June 30, 2010. 9) Financial considerations: This task order is based on a cost-reimbursement method where by Eagle County is paid $320 for an initial care coordination plan, and then $80 per month for which the child receives care coordination. In state FY 2008-2009, Eagle County provided care coordination and received payment for one child. 9) Other: ~~~EIVED JUN 2 6 2009 EAGLE COUNTY ATTORNEY ~P -~AS TO FORM By: Eagle County Attomey's Office ~ By~ Eagle County Commissloners' Office Please return executed contract and copies to Kym Iglesias in HHS. 970-328-8847. ,4*;~ ~~ ,e~~ 4`. ~ ~ ~~~G~J~~~ r1 ~ • EXHIBIT E 6.. The Contractor shall attend a required HCP Gare Coordinator training and new Web-Based CHIRP training during_the contract year. 7. The Contractor shall follow the HCP/CHIRP security policy and procedures outlined by the State and assure that a"Data Security Use and Confidentiality Agreement" is signed by each user. 9. The Contractor shall attend regional teleconferences, meetings, and/or videoconference meetings, that the Region and State may organize, to address priority TBI needs, promote TBI education, and increase skills as TBI Care Coordinators. 10. The Contractor shall participate, in conference calls, site visits, and meetings with the Region and State, as requested, to ensure that the program planning, evaluation, and monitoring requirements as described in this Task Order and Exhibits are met. 11. The Contractor may be required to submit periodic progress reports as required by CDPHE. This may include an annual report, which will be due within thirty (30) days after the termination of this contract. 12. If the State believes in good faith that an activity or service fails to meet the standard for that particular activity or service, or is otherwise deficient, then the State shall notify the Contractor of the failure or deficiencies in writing. Corrective action shall be addressed through a Performance Improvement Plan (PIP) or some other method defined by the State. Due dates for completion of activities listed in a PIP will be negotiated on a case by case basis. If the Contractor fails to correct such deficiencies, the Contractor shall be in default of its obligations under this Contract and the State, at its option, may elect to withhold payment or terminate this Contract. Page 2 of 2