HomeMy WebLinkAboutC10-027 Family Planning Program Amendment 3DEPARTMENT OR AGENCY NAME
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
PSD-CFP[
DEPARTMENT OR AGENCY NUMBER
FLA
CONTRACT ROUTING NUMBER
10-9455
CONTRACT AMENDMENT #3
This Amendment is made this 6 day of November, 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 Cherry Creek Drive South, Denver, Colorado 80246, hereinafter referred to as the "State";
and, BOARD OF COUNTY COMMISIONERS OF EAGLE COUNTY, whose principle place of business is 500
Broadway, Eagle, Colorado 81631, for use and benefit of the EAGLE COUNTY PUBLIC HEALTH
AGENCY (a political subdivision of the state of Colorado), whose address or principal place of business is 551
Broadway, Eagle, Colorado 81631, hereinafter referred to as the "Contractor".
FACTUAL RECITALS
The parties entered into a Master Contract, dated January 23, 2007 with contract routing number 08 FLA 00016.
Pursuant to the terms and conditions of the Master Contract, the parties entered into a Task Order Contract, dated
August 15, 2008, with contract encumbrance number PO FLA FPP0900663, and contract routing number 09 FLA
00663, whereby the Contractor was to provide to the State the following:
The contractor will provide a comprehensive family planning program with an emphasis on
increasing the total number of men and women accessing services and increasing utilization of long
acting reversible methods of contraceptive (LARC) among existing clients.
The State promises to decrease the amount of funds to be paid to the Contractor by Seventy Four Thousand Three
Hundred Eight-Seven Dollars, ($74,387.00) during the current term of the Original Task Order Contract in
exchange for the promise of the Contractor to perform the decreased work under the Original Task Order Contract.
NOW THEREFORE, in consideration of their mutual promises to each other, stated below, the parties hereto agree
as follows:
Consideration for this Amendment to the Original Task Order Contract consists of the payments and
services that shall be made pursuant to this Amendment, and promises and agreements herein set forth.
It is expressly agreed to by the parties that this Amendment is supplemental to the Original Task Order
Contract, contract routing number 09 FLA 00663 as amended by Contract Amendment #1 contract
routing number 09 FLA 00854 and Contract Amendment #2 contract routing number 10 FLA 00227
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
Amendment as though they were expressly rewritten, incorporated, and included herein.
[t is expressly agreed to by the parties that the Original Task Order Contract us 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 09 FLA 00663. This Amendment is for the current term of July 1,
2009 through and including June 30, 2010. The maximum amount payable by the State for the
work to be performed by the Contractor during this current term is decreased by Seventy Four
Page 1 of 3
Rev 6/25/09
C, I o-"
Thousand Three Hundred Eieht-Seven Dollars, ($74,387.00) f~~r an amended total financial
obligation of the State of ONE HUNDRED FIFTY NINE THOIJSAND ONE HUNDRED
TWENTY-EIGHT DOLLARS, ($159,128.00). The revised Colorado Family Planning
Initiative (CFPI) Contract Reimbursement Statement Guidelines incorporated herein by this
reference and identified as "Attachment H-1". The revised Statement of Work is incorporated
herein by this reference and identified as "Exhibit I". The revised Budget is incorporated herein
by this reference and identified as "Attachment I-1". The Original Task Order Contract is
modified accordingly. All other terms and conditions of the Original Task Order Contract are
reaffirmed.
4. The effective date of this Amendment is January 1, 2010 or upon approval of the State Controller, or an
authorized delegate thereof, whichever is later.
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 Amendment and any of the terms and provisions of
the Original Task Order Contract, the terms and provisions of this 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.
FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFTER THE ('URRENT FISCAL YEAR
ARE CONTINGENT UPON FUNDS FOR THAT PURPOSE BEING APPROPRIATED, BUDGETED,
AND OTHERWISE MADE AVAILABLE.
Page 2 of 3 Rev 6/25/09
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 for the use and benefit of
EAGLE COUNTY PUBLIC HEALTH AGENCY
(a political subdivision of the state of Colorado)
%' ---
i
Signature of Authorized Officer
Print Name of Authorized Officer
Print Title of Authorized Officer
STATE:
STATE OF COLORADO
Bill Ritter, Jr. Governor
By:
Forthc Executive Director
DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT
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:
Date:
Page 3 of 3 Rev 6/25/09
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EXHIBIT 1,
as modified by Contract Amendment 3,
contract routing number IOFLA9455
STATEMENT OF WORK
To Contract Dated 11/06/2009 -Contract Routing Number 10 FLA 9455
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 JANUARY 1, 2010.
1) 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 this approved Statement of Work and incorporated in
accordance with the associated Budget, which is attached hereto as Attachment 1-1.
2) The Contractor shall continue to conduct a comprehensive family planning program ("the program"). This
program shall comply with section 1001 of the federal Act and all applicable federal regulations, as amended,
contained in Title X, 42 C.F.R., Subpart A, Part 59, as well as all applicable state regulations. (Federal funding
from HHS, CFDA #93.217 FP Services). The program shall offer the following under the Title X family
planning program:
A. Outreach services and/or other program efforts designed to improve client recruitment.
B. Nursing and medical services, which shall include a comprehensive health and social history and
physical examination administered in accordance with all applicable Title X regulations and, all
applicable nursing-medical policies or procedures which have been, or may be, established by the
State's Women's Health Unit (WHU).
C. Contraceptive information, education, and supplies regarding all family planning methods.
D. Education and counseling services regarding family planning, family planning methods, child
spacing, infertility, sterilization, nutrition, sexually transmitted diseases, Human immunodeficiency
virus (HIV)/ Acquired immunodeficieny syndrome (AIDS), adolescent counseling and other related
health issues, as outlined in the Nursing and Administrative Manual.
E. Follow-up and/or referral services, as appropriate.
3) All money received by the Contractor from the State under the Colorado Family Planning Initiative (CFPI) shall
be used by the Contractor to provide contraceptive services. The Contractor shall make its program available to
men and women in their reproductive years and shall offer the following services under the CFPI:
A. Utilize CFPI funding to purchase long acting reversible methods of contraception and contraceptive
rings. These are limited to Intrauterine Devices (IUD) Mirena and Paraguard, contraceptive implants and
contraceptive rings.
B. Utilize CFPI funding to provide the referral process and cover the actual costs of tubal ligation and
vasectomy procedures.
C. Utilize CFPI funding for Family Planning staff to attend reproductive health related training with
preference to those related to long acting reversible methods of contraception.
D. Provide comprehensive family planning services to increase the total number of family planning clients
receiving services (fertile clients receiving contraceptive services).
4) The services provided by the Contractor to the clients it serves shall be performed pursuant to law in accordance
with prevailing medical standard of care for the same or similar medical, nursing and professional services. The
services provided shall also comply with applicable Title X regulations, WHU nursing-medical policies and
To be attached to CDPHE Page 1 of 3 Revised: 4/1/04
Version 1.0 (4/04) contract template
EXHIBIT I,
as modified by Contract Amendment 3,
contract routing number IOFLA9455
procedures, and any applicable fiscal or administrative policies of the State or Federal government which can be
located at http:!'www.cdphe.state.co.usipp/womens/tamplan.html?col?=open. Contractor acknowledges that it
has reviewed these policies and procedures.
5) The Contractor shall provide the State's family planning program consultants and administrators with
reasonable access to its operations to perform: periodic site reviews, data reviews, fiscal reviews or other
evaluations of the Contractor's family planning program. Evaluations of the Contractor's program shall be
based on established standards and policies of the State or the Federal government. The Contractor shall
cooperate during all periodic site visits, data reviews, fiscal reviews or other evaluations conducted by the State.
The established standards and policies for the Family Planning Program can be located in the Family Planning
Administrative Manual and the Family Planning Nursing Manual located on the Family Planning website at
http://www.cdphe.state.co.us/per/womens/famfmlan.html.
6) If necessary, the Contractor shall comply with all recommendations made by the State's family planning
program consultants and/or administrators after a periodic site visit, data review, fiscal review or other
evaluations that are necessary to bring its program into compliance with all applicable federal and state laws,
policies and regulations. The Contractor shall be in full compliance with a recommendation, if any, within three
(3) months of the date a recommendation is made by the State. If the Contractor cannot obtain full compliance
within this three (3) month period, then on or before the expiration date of that three (3) month period the
Contractor shall present sufficient written evidence to the State: to show that continuing progress is being made
towards full compliance; and, the date when full compliance shall occur. In no event, however, shall full
compliance with a recommendation occur any later than six (6) months after the date that a recommendation
was initially made by the State. Notwithstanding the foregoing provisions, the State may disregard these cure
periods and immediately terminate the contract without liability if it has solely determined that Contractor's
noncompliance places the health, safety or welfare of persons receiving services in jeopardy.
7) During the term of this Contract, the Contractor agrees to provide the State with the semi-annual Family
Planning Expenditure/Revenue Reports. The Expenditure/Revenue Report (ERR) is located on pages 19-21 in
the Financial Management Section of the Family Planning Administrative Manual, this information can also be
accessed online on the CDPHE Family Planning website at
http://www.cdphe.state.co.usi~m/womens/famplan.html. The first report is for the months of October to
December will be due no later than February 5, 2010. January through June and will be due no later than
August 6, 2010.
8) The Contractor shall protect the confidentiality of all client records and other materials that are obtained,
created, or maintained by the Contractor under this contract. Except for purposes directly related to the
administration of this contract, no information about, or obtained from, any client shall be disclosed by the
Contractor in any form that would identify that client without the prior written consent of that client. As of the
acceptance date of this contract by the Contractor, the Contractor shall have written policies governing the
access to and, the duplication and dissemination of, all such information. The Contractor shall advise its
directors, officers, employees, agents, servants, and subcontractors, if any, that they are subject to these
confidentiality requirements.
9) Maintenance of Effort (MOE)
Colorado Family Planning Initiative funding is expected to provide new funding for providing services to
additional family planning clients and increasing the total number of clients utilizing efficacious methods of
contraception. This is a temporary funding source, and therefore shall not be used to supplant other traditional
funding sources. Therefore, the contractor shall show Maintenance of Effort (MOE) for revenue provided by
local government as documented on the required family planning program Expenditure Revenue Reports
(ERR), for the three years previous to any year in which funding from the Colorado Family Planning Initiative
is received. This revenue, provided by local government (county and city grants and contracts) shall be equal to,
or in excess of, 90% of the average of the last 3 year's Expenditure Revenue Reports.
Definition:
To be attached to CDPHE Page 2 of 3 Revised: 4/1/04
Version 1.0 (4/04) contract template
EXHIBIT I,
as modified by Contract Amendment 3,
contract routing number IOFLA9455
Maintenance of Effort (MOE) - A measure intended to preserve funding for the base program. This ensures that
fiscal resources are not supplanted and that new funding creates an expansion in the program. MOE shall be
determined by averaging the revenue provided by local government in the last 3 years' Expenditure/Revenue
Reports (ERR) for the entity's family planning program, and then multiplying by ninety percent (90%). The
result is the minimum amount that the entity must spend in order to illustrate MOE. In an instance where there
is not three years' data, MOE shall be 90% of previous two years' local government revenues from the ERR, or
95% of the last year's results, as applicable. In the case of an anomaly where local government revenue level
from the previous three years' ERR varies more than 30% in any two of the three years, an explanation of the
variance must be provided by the Contractor. The Family Planning Director shall use this information to decide
if the anomaly should be eliminated from the calculation of the MOE level.
In any year in which the Contractor will not attain MOE, according to the formula described in the definition
the Contractor shall notify the Family Planning Director.
Should MOE not be obtained, in special hardship cases, a Maintenance of Effort Waiver to this clause maybe
requested from the CDPHE Family Planning Director, in conjunction with the Women's Health Director,
attached hereto as Attachment B-2. Should a Maintenance of Effort Waiver not be granted, the Colorado
Family Planning Initiative funding may be reduced.
10) Funding adjustments may be made during the term of this contract. The State makes funding adjustments on
this contract using a Funding Letter substantially equivalent to Exhibit D and bearing the approval of the State
Controller or his designee; the funding letter shall not be deemed valid until the State Controller or his designee
has approved it.
11) The services provided by the Contractor must be deemed acceptable, in good faith, by WH. For a service to be
"acceptable" it must comply with all applicable: Title X regulations, WH nursing-medical policies and
procedures, and any applicable fiscal and administrative policies and procedures of the State and Federal
government. All applicable Title X regulations, WH nursing-medical policies and procedures, and all
applicable fiscal or administrative policies of the State have been provided to the Contractor by the State as of
the effective date of this Contract.
12) During the term of this Contract, the Contractor agrees to provide the State with quarterly reports to the Family
Planning Program Coordinator.
To be attached to CDPHE Page 3 of 3 Revised: 4/1/04
Version 1.0 (4/04) contract template
Attachment I-1,
as modified by Contract Amendment #3,
contract routing number 10 FLA 9455
BUDGET
APPLICANT: Eagle County Public Health FOR THE PERIOD: July 1, 2009 -June 30, 2010
PROJECT: CFPI Expansion Grant
Annual/Hourly # of
Salary/Rate months %TifT1e Original Contracted Revised
Budget
FTE Budget Request
Personnel
NP/Program Coordinator
Clinic Assistant $90,000
$46,000 $31,500
$29,900 $11,444
$11,234
Clinic Assistant $46,000 $29,900 $0
$0
$0
$0
Fringe Benefits: Rate = $0
$0
TOTAL PERSONNEL SERVICES $91,300 $22,678
Contractual Expenses
(Independent contractor for tuba) ligation, essure, vasectomy,
physcians, NPs, etc)
$27,497
$27,497
TOTAL CONTRACTUAL EXPENSES $27,497 $27,497
Operating Expenses
Outreach Materials
Contraceptive Methods
Training Costs $1,500
$20,963
$2,000 $0
$20,963
$2,000
TOTAL OPERATING EXPENSES $24,463 $22,963
Total Direct Costs (Personal Services +Contractual +Operating) $143,260 $73,138
Administrative Costs RATE:
TOTAL ADMINISTRATIVE / INDIREC $0 $0
One Time Expense
Medical Carts
Spectulum Lights $3,500
$765 $0
$0
TOTAL ONE-TIME EXPENSE $4,265 $0
TOTAL PROJECT COST $147,525 $73,138
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