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HomeMy WebLinkAboutC09-347 HHS Contract Amendment no 1 WIC ProgramDEPARTMENT OR AGENCY NAME COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT PSD-WIC DEPARTMENT OR AGENCY NUMBER FLA CONTRACT ROUTING NUMBER 10-00412 CONTRACT AMENDMENT # 1 This Amendment is made this 13TH day of uJ ly, 2009, 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 Cherrv Creek Drive South, Denver, Colorado 80246, hereinafter referred to as the "State"; and, BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, (a political subdivision of the state of Colorado), whose address or principal place of business is 500 Broadwav, Eagle, Colorado 81631-0850, for the use and benefit of the, EAGLE COUNTY PUBLIC HEALTH AGENCY, formerly known as EAGLE COUNTY HEALTH & HUMAN SERVICES whose address or principal place of business is 551 Broadwav, Eagle, Colorado 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 January 23, 2007, with contract routing number 08 FAA 00016. Pursuant to the terms and conditions of the Master Contract, the parties entered into a Task Order Contract, dated August 27, 2007, with contract encumbrance number PO FLA WIC0800442, and contract routing number 08 FLA 00442, as amended by Limited Amendment for Task Orders #1, contract routing number 08 FLA 00825, Limited Amendment for Task Orders #2, contract routing number 09 FLA 00556, and Limited Amendment for Task Orders #3, contract routing number 09 FLA 00974,collectively referred to herein as the "Original Task Order Contract, whereby the Contractor was to provide to the State the following: Administration of a component of the WIC Program within an approved service area. Service includes, but is not limited to, nutrition education and the provision of certain nutritional foods to pregnant, lactating and postpartum women, and children under five (5) years of age, whose income falls below specified levels and have an identifiable nutrition risk factor, as described in 7 CFR, Part 246, and the State's WIC Program Procedure Manual. The purpose for this amendment is described below. To renew the Original Task Order Contract, to change the Contractor's name and To incorporate a new provision to the General Provisions of the Task Order Contract, concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract managernent system. NOW THEREFORE, it is hereby agreed that 1. Consideration for this amendment to the original task order contract, dated August 27, 2007 with conh•act Page 1 of 4 rev 4/3/09 routing number 08 FLA 00442, and contract encumbrance PO FLA WIC0800442, consists of the payments which shall be made pursuant to this amendment and the promises and agreements herein set forth. 2. It is expressly agreed to by the parties that this Amendment is supplemental to the original task order contract, contract routing number 08 FLA 00442, as amended by Limited Amendment for Task Orders #1, contract routing number 08 FLA 00825, Limited Amendment for Task Orders #2, contract routing number 09 FLA 00556,and Limited Amendment for Task Orders #3, contract routing nutnber 09 FLA 00974, collectively 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 5. of the Original Task Order Contract identified by contract routing number 08 FLA 00442, dated August 27, 2007. The Contractor's legal name in the original task order contract is hereby changed from Eagle County Health & 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 original contract. The State desires to continue working with the Contractor under the new name and Eagle County Public Health A enc desires to continue working with the State. B. This Amendment is for the renewal term of October 1, 2009, through and including September 30, 2010. The maximum amount payable by the State for the work to be performed by the Contractor during this renewal term is One Hundred Ninety Seven Thousand Two Hundred Eleven Dollars, ($197,211.00) for an amended total financial obligation of the State of FIVE HUNDRED SEVENTY ONE THOUSAND ONE HUNDRED THIRTY SIX DOLLARS, ($571,136.00). This is an increase One Hundred Ninety Seven Thousand Two Hundred Eleven Dollars, ($197,211.00) of the amount payable from the previous term. The Original Task Order Contract is modified accordingly. All other terms and conditions of the Original Task Order Contract are reaffirmed. C. 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 specitic 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. Page 2 of 4 rev 4/3/09 Should the final 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 Colorado 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 Contract are reaffirmed. 4. The effective date of this amendment is upon approval of the State Controller or October 1, 2009, whichever is later. 5. Except for the "Special Provisions", in the event 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 ) EAGLE COUNTY PUBLIC HEALTH AGENCY Signature Authorized Officer 1•' H r. Print Name o~ Authorized Officer Print Title of Authorized Officer 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 and/or services provided hereunder. STATE CONTROLLER David J. McDermott, CPA By: ^Kevin Edwards ^Yvonne Anderson ^Robert ,faros ^Donald Rieck Date: Pabe 4 of 4 rev 4/3/09 1) 2) 3) 4) 5) 6) TERM SHEET Requested hearing date: (First choice) 8/18/09 (Second choice)8/25/09 ~~~ ,-~ For County Manager signature: No ~. ,_ ~/ ~~ ~ ` Requesting department: Public Health ~, . 1 Title: Colorado Department of Public Health and Environment Contact, ~ ~~ ~, `~ Amendment #1 of Master Contract for the WIC Program. '~1_ t%~ ~I~ Check one: N/A Consent: X On the Record: taff submitting: Becky Larson, Co-acting Public Health Manager 7) Purpose: This amended Task Order,_from~he Colorado Department of Public Health and Environment, provides funding for the Eagle County Department of Public Health to administer the WIC Program for State fiscal year 2010. WIC services include nutrition education and provision of certain nutritional foods to pregnant, lactating and postpartum women, and children under five (5) years of age, whose income falls below specified levels and have an identifiable nutrition risk factor. This funding supports WIC personnel, required WIC trainings and other WIC expenditures. 8) Schedule: The original task order is for the time period October 1, 2009 - September 30, 2010. 9) Financial considerations: This amendment to the Original Task Order is for a total of $197,211:00 during state fiscal year 2010. This amount has been fully budgeted. 9) Other: ~~~~~~~~ `` 51~~9 ~v~ ~'rC''~~~"f h '~ ale0 ~ Y~'' RPPR®~fE®-A i TCTF~RM 3y. Eagle ,ounty attorney's Office ~a~l~ ~n~~nfy ~~~mtnisr~ianer~' office Please return executed contract and copies to Kym Iglesias in HHS. 970-328-8847.