HomeMy WebLinkAboutC11-341 CDPHE Task Order Waiver #154 Family Planning • •
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
ROUTING NO. 12 FHA 37307
APPROVED TASK ORDER CONTRACT — WAIVER #154
This Task Order Contract is issued pursuant to Master Contract made on 01/23/2007, with routing number 08 FAA 00016
STATE: CONTRACTOR:
State of Colorado for the use & benefit of the Board of County Commissioners of Eagle County
Department of Public Health and Environment (a political subdivision of the state of Colorado)
Disease Control and Environmental Epidemiology Division 500 Broadway
Resource Management Unit Eagle, Colorado 81631 -0850
4300 Cherry Creek Drive South for the use and benefit of the
Denver, Colorado 80246 Eagle County Public Health Agency
551 Broadway
Eagle, Colorado 81631
TASK ORDER MADE DATE: CONTRACTOR ENTITY TYPE:
10/06/2011 Colorado Political Subdivision
TERM: BILLING STATEMENTS RECEIVED:
This Task Order shall be effective upon approval by the State Not Applicable
Controller, or designee, or on 01/01/2012, whichever is later.
The Task Order shall end on 12/31/2016. STATUTORY AUTHORITY:
Not Applicable
PRICE STRUCTURE: CONTRACT PRICE NOT TO EXCEED:
No Cost $0.00
PROCUREMENT. METHOD: FEDERAL FUNDING $0.00
DOLLARS:
Exempt STATE FUNDING DOLLARS: $0.00
BID /RFP /LIST PRICE AGREEMENT NUMBER: MAXIMUM AMOUNT AVAILABLE PER FISCAL YEAR:
Not Applicable FY 12: $0.00
FY 13: $0.00
LAW SPECIFIED VENDOR STATUTE: FY 14: $0.00
Not Applicable FY 15: $0.00
FY 16: $0.00
STATE REPRESENTATIVE: CONTRACTOR REPRESENTATIVE:
Joseph Belak Melissa Edel
Department of Public Health and Environment Eagle County Public Health Agency
DCEED -STI /HIV 551 Broadway
A -3 Eagle, Colorado 81631
4300 Cherry Creek Drive South
Denver, CO 80246
SCOPE OF WORK:
The State shall provide medications and biological supplies for diagnosis and treatment according to the current drug formulary and based
on the availability of funds for sexually transmitted infections that are reportable according to the current regulations of the Colorado Board
of Health. -
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EXHIBITS:
The following exhibits are hereby incorporated:
Exhibit A - Additional Provisions (and its attachments if any — e.g., A -1, A -2, etc.)
Exhibit B - Statement of Work and Budget (and its attachments if any — e.g., B -1, B -2, etc.)
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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.
1. 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 conflicting terms in any of its exhibits. In the event
of conflicts 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 conflicts or
inconsistencies shall be resolved by reference to the documents in the following order of priority: 1) the
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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; 4) the
Additional Provisions - _Exhibit A, and its attachments if included, to this Task Order Contract; 5) 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 contract amendment. To be effective, the amendment
must be signed by the State and the Contractor, and be approved by the State Controller or an authorized
delegate thereof. 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.
7. STATEWIDE CONTRACT MANAGEMENT SYSTEM [This section shall apply when the Effective
Date is on or after July 1, 2009 and the maximum amount payable to Contractor hereunder is $100,000 or
higher]
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 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
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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.
8. If this Contract involves federal funds or compliance is otherwise federally mandated, the Contractor and
its agent(s) shall at all times during the term of this contract strictly adhere to all applicable federal laws,
state laws, Executive Orders and implementing regulations as they currently exist and may hereafter be
amended. Without limitation, these federal laws and regulations include the Federal Funding
Accountability and Transparency Act of 2006 (Public Law 109 -282), as amended by §6062 of Public Law
110 -252, including without limitation all data reporting requirements required there under. This Act is also
referred to as FFATA.
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THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
* 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: STATE OF COLORADO:
John W. Hickenlooper, GOVERNOR
Poard of County Commissioners of Ifagle.County
(a political ,ubdivision of the state of Colorado)
for the use and benefit of the
I :agle County Public I lealth Agency
Legal Name of Contracting Entity I <11 ' t/ L A . Q
• \ For Executive Director
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.�. Department of Public Health and Environment
Signature of Authorized Officer
Print Name of Authorized Officer
Department Program Approval:
Print Title of Authorized Officer
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
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EXHIBIT A
ADDITIONAL PROVISIONS
To Task Order Contract Dated 10/06/2011- Contract Routing Number 12 FHA 37307
These provisions are to be read and interpreted in conjunction with the provisions of the
Task Order Contract specified above.
1. 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.
5. Time Limit For Acceptance Of Deliverables.
a. Evaluation Period. The State shall have thirty (30) 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 thirty (30) 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 thirty (thirty)
calendar days, to correct the noted deficiencies. If the Contractor fails to correct such deficiencies
within thirty (30) 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: 12/19/06
Task Order v1.0 (11/05) contract template
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EXHIBIT B
STATEMENT OF WORK
To Contract Dated 10/6/2011 - Contract Routing Number 12 FHA 37307
These provisions are to be read and interpreted in conjunction with the provisions of the Task Order Contract specified above.
1. For sexually transmitted infections that are reportable according to the current regulations of the Colorado
Board of Health, the State shall provide medications and biological supplies for diagnosis and treatment
according to the current drug formulary and based on the availability of funds.
2. These funds shall be utilized with the intent to treat STIs of low income clients who would be unable to
afford the medications otherwise.
3. The medications and biological supplies provided shall be used by the Contractor under the supervision of
a licensed physician and in accordance with the most recent edition of the Sexually Transmitted Disease
Treatment Guidelines published by the Centers for Disease Control and Prevention at
http://www.cdc.gov/std/treatment/default.htm
4. The Contractor will not charge the patient or other related party for the medications and biological supplies
received as a result of this agreement. The Contractor may charge a treatment administration or other
appropriate fee according to the Contractor's own established fee schedules.
5. The Contractor shall provide to the State a photocopy of the physician's or pharmacist's license to
document authorization to receive prescription drugs within 45 days after the start of this contract.
6. The Contractor shall maintain records and data in order to provide to the State an annual report that
documents the annual number of clients served at the clinic; the demographics of the clients served a the
clinic in terms of gender, race, ethnicity and age; the annual number of cases of gonorrhea, syphilis, and
Chlamydia diagnosed: the annual number of individuals treated as cases versus contacts. For each calendar
year, the census report shall be due to the State on or before March 31 of the following year and submitted
to the attention of:
Resource Management Unit
Colorado Department of Public Health and Environment
DCEED STD A3
4300 Cherry Creek Drive S.
Denver CO 80246 -1530
E -mail: Cdphe.dcdSTIHIVRMU @state.co.us
To be attached to CDPHE Page 1 of 1 Revised: 4/1/04
Version 1.0 (4/04) contract template
