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HomeMy WebLinkAboutC12-211 Colorado Department of Public Health and Environment (13FAA42757) • DEPARTMENT OF PUBLIC IIEALTII AND ENVIRONMENT ROUTING NO. 13 FAA 42757 APPROVED TASK ORDER CONTRACT — WAIVER #154 This Task Order Contract is issued pursuant to Master Contract made on 01/172012, with routing number 13 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 (A Political Subdivision of the State of Colorado) Environment 500 Broadway Office of Planning and Partnerships Eagle Colorado 81631 4300 Cherry Creek Drive South For the use and benefit of Denver, Colorado 80246 Eagle County Public Health Agency 551 Broadway Eagle, Colorado 81631 TASK ORDER MADE DATE: CONTRACTOR ENTITY TYPE: • April 1, 2012 Colorado Political Subdivision PO /SC ENCUMBRANCE NUMBER: PO FAA OPP1342757 '1'1RAL BILLING STATEMENTS RECEIVED: This Task Order shall be effective upon Not Applicable approval by the State Controller, or designee,, or on 07/01 /2012, whichever is later. The STATUTORY AUT110RT1Y: Task Order shall end on 06/30/2013. Not Applicable PRICE STRUCTURE: CONTRACT PRICE NOT TO EXCEED: Fixed Price $102,422.00 PROCUREMENT MI 11IOD: FEDERAL FUNDING DOLLARS: $19,466.00 Exempt STATE FUNDING DOLLARS $82,956.00 BID/REP/LIST PRICE AGREEMENT NUMBER: MAXIMUM AMOUNT AVAILABLE PER FISCAL, YEAR: Not Applicable FY 13: $102,422.00 LAW SPECIFIED VENDOR STATUTE: Not Applicable STATE REPRESENTATIVE CONTRACTOR REPRESENTATIVE: Kathleen Matthews Jennifer Ludwig, Public Health Director Department of Public Health and Environment Eagle County Public Health Agency Office of Planning and Partnerships 551 Broadway 4300 Cherry Creek Drive South Eagle, Colorado 81631 Denver, CO 80246 SCOPE 01' WORK: Provide support for public health services, as established by the State Board of Health pursuant to §25 -1- 503(1), C.R.S. and in accordance with Section §25 -1 -512 C.R.S. and Section §24- 75.1104.5 (1.5) (a) (IV) C.R.S. The district public health agency shall participate in assessment and planning efforts at the state, regional, and local level facilitated by the Office of Planning of Partnerships. These efforts shall include maintaining and improving local capacity to provide services as established by the State Board of Health. Page 1 of 6 Rev 6/25/09 • 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.) 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 Page 2 of 6 Rev 6/25/09 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 Page 3 of 6 Rev 6/25/09 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. Page 4 of 6 Rev 6/25/09 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: Board of County Commissioners of Eagle County John W. Hickenlooper, GOVERNOR (A Political Subdivision of the State of Colorado) For the use and benefit of Eagle County Public Health Agency Legal Name of Contracting Entity . By For Executive Director -:-/-,----- — / ....... Department of Public Health and Environment Signature of Authorized Officer ` t3 - YL-G. 12_Jk (A l'J j Print Name of Authorized Offic Department Program Approval: D aJAAAld By 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 By Date Page 5 of 6 Rev 6/25/09 This page left intentionally blank. Page 6 of 6 Rev 6/25/09 • EXHIBIT A ADDITIONAL PROVISIONS To Task Order Contract Dated 04/01/2012 - Contract Routing Number 13 FAA 42757 These provisions are to be read and interpreted in conjunction with the provisions of the Task Order Contract specified above. 1. The State has determined that this contract does not constitute a Business Associate relationship under HIPAA. 2. This Task Order Contract contains state funds and federal funds (see Catalog of Federal Domestic Assistance (CFDA) number 93.994) 3. The United State Department of Health and Human Services ( "USHHS "), through the Health Resources and Services Administration ( "HRSA ") has awarded federal funds under Award number 6B04MC23367, hereinafter "Award", to perform the following — Provide support for public health services, as established by the State Board of Health pursuant to §25 -1- 503(1), C.R.S. and in accordance with Section §25 -1 -512 C.R.S. and Section §24- 75.1104.5 (1.5) (a) (IV) C.R.S. The district public health agency shall participate in assessment and planning efforts at the state, regional, and local level facilitated by the Office of Planning of Partnerships. These efforts shall include maintaining and improving local capacity to provide services as established by the State Board of Health. If the underlying Award authorizes the State to pay all allowable and allocable expenses of a contractor as of the effective date of that Award, then the State shall reimburse the Contractor for any allowable and allocable expenses of the Contractor that have been incurred by the Contractor since the proposed effective date of this Task Order Contract. If the underlying Award does not authorize the State to pay all allowable and allocable expenses of a contractor as of the effective date of that Award, then the State shall only reimburse the Contractor for those allowable and allocable expenses of the Contractor that are incurred by the Contractor on or after the effective date of this Task Order Contract, with such effective date being the later of the date specified in this Task Order Contract or the date the Task Order Contract is signed by the State Controller or delegee. 4. 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 (30) 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 2 Revised: 12/19/06 Task Order v1.0 (3/12) contract template EXHIBIT A 5. Option to Extend Term: The State may require continued performance for a period of 4 years at the same rates and same terms specified in the Contract. If the State exercises the option, it will provide written notice to Contractor at least 30 days prior to the end of the current contract term in a form substantially equivalent to Attachment A - 1. If exercised, the provisions of the Option Letter shall become part of and be incorporated into the original contract. The total duration of this Contract, including the exercise of any options under this clause, shall not exceed 5 years. 6. Supplanting of Funds In order to qualify for state assistance, each county and city shall comply with the requirements for contribution as set forth in C.R.S. § 25 -1 -512 for its local health services and may contribute additional amounts as it may determine to be necessary to meet their local health needs. 7. Survival of Certain Contract Terms Notwithstanding anything in this contract to the contrary, the parties understand and agree that all terms and conditions of this contract which may require continued performance, compliance, or effect beyond the termination date of the contract and shall survive such termination date and shall be enforceable by the State as provided herein in the event of failure to perform or comply by the Contractor. To be attached to CDPHE Page 2 of 2 Revised: 12/19/06 Task Order v1.0 (3/12) contract template Attachment A -1 OPTION LETTER Date: State Fiscal Year: Option Letter No. CMS Routing # 1) OPTIONS: Choose all applicable options listed in §1 and in §2 and delete the rest. a. Option to renew only (for an additional term) b. Change in the amount of goods within current term c. Change in amount of- goods in conjunction with renewal for additional term d. Level of service change within current term e. Level of service change in conjunction with renewal for additional term f. Option to initiate next phase of a contract 2) REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below: a. For use with Options 1(a -e): In accordance with Section(s) of the Original Contract routing number between the State of Colorado, Insert Name of Department or Higher Ed Institution , and Contractor's Name, the State hereby exercises its option for an additional term beginning Insert start date and ending on Insert ending date at a cost/price specified in Section , AND /OR an increase /decrease in the amount of goods /services at the same rate(s) as specified in Identify the Section, Schedule, Attachment, Exhibit etc. b. For use with Option 1(f), please use the following: In accordance with Section(s) of the Original Contract routing number between the State of Colorado, Insert Name of Department or Higher Ed Institution , and Contractor's Name, the State hereby exercises its option to initiate Phase indicate which Phase: 2, 3, 4, etc for the term beginning Insert start date and ending on Insert ending date at the cost/price specified in Section c. For use with all Options 1(a -f): The amount of the current Fiscal Year contract value is increased /decreased by $ amount of change to a new contract value of Insert New $ Amt to as consideration for services /goods ordered under the contract for the current fiscal year indicate Fiscal Year. The first sentence in Section is hereby modified accordingly. The total contract value including all previous amendments, option letters, etc. is Insert New $ Amt. 3) Effective Date. The effective date of this Option Letter is upon approval of the State Controller or whichever is later. STATE OF COLORADO John W. Hickenlooper, GOVERNOR PROGRAM APPROVAL: Department of Public Health and Environment By: By: Lisa Ellis, Purchasing & Contracts Unit Director Date: ALL CONTRACTS REQUIRE APPROVAL 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 1 of 1 Effective Date: 1/6/09 -Rev 8/25/09 • EXHIBIT B STATEMENT OF WORK To Task Order Dated 04/01/2012 - Contract Routing Number 13 FAA 42757 These provisions are to be read and interpreted in conjunction with the provisions of the Task Order Contract specified above. I. Project Description: The Office of Planning and Partnerships is focused on strengthening Colorado's public health system, by ensuring Core Public Health Services are available statewide. Each local public health agency shall assure the provision of Core Public Health Services within their jurisdiction. The scope of the provision of each Core Public Health Service is determined at the local level and is to be informed by the community health assessment and respective local public health improvement plan, and may differ across agencies based on priorities, funding, and capacity. The Office of Planning and Partnerships and the local public health agency are accountable in assuring state moneys are being used effectively to provide Core Public Health Services. II. Definitions: CYSHCN: Children and Youth with Special Health Care Needs HCP: Health Care Program for Children with Special Health Care Needs MCH: Maternal and Child Health OPP: Office of Planning and Partnerships III. Performance Requirements/Deliverables: 1. Local Planning and Support a. Core Public Health Services. The local public health agency (agency) shall use these moneys to provide support for Core Public Health Services (core services), as established by the State Board of Health pursuant to C.R.S. § 25 -1 -503, and in accordance with 6 CCR 1014 -7. The required core services include Assessment, Planning, and Communication, Vital Records and Statistics, Communicable Disease Prevention, Investigation, and Control, Prevention and Population Health Promotion, Emergency Preparedness and Response, Environmental Health, and Administration and Governance. b. Statewide and Countv /District Public Health Planning. The local public health agency shall participate in assessment and planning efforts at the state, regional and local level facilitated by the Office of Planning and Partnerships. These efforts shall assist in defining the core services delivery appropriate to meet local needs and in identifying strategies to improve local health outcomes. The Core Public Health Services rule is posted on the Office of Planning and Partnerships website. 2. Maternal and Child Health Services. This section is only for local public health agencies who do not have a separate Maternal and Child Health (MCH) contract. CDPHE's MCH Unit contracts directly with agencies that receive over $50,000 per fiscal year. For agencies receiving MCH funding less than $50,000, the scope of work is included in this local public health agency contract. MCH Annual Planning Form shall be completed in partnership with Office of Planning and Partnership Public Health Nurse Consultant by August 1 of each fiscal year. The MCH funding portion of your local public health agency contract will be used as follows. The work selected should be commensurate with each agency's MCH funding level. Agencies receiving between $15,000 and $50,000 of MCH funding per fiscal year are required to implement HCP Care Coordination and one additional deliverable from the options listed. 1. Required: Implement the HCP Care Coordination model for children and youth with special health care needs per HCP Care Coordination policies and guidelines which include entering data into the CYSHCN Data System; and Page l of 3 Exhibit B- Statement of Work V 1/MAR2012 EXHIBIT B participating in HCP Care Coordination training, monitoring and consultation processes set forth by the state HCP Program. 2. Additional required deliverable based on the following list of options: Option 1: Address an MCH priority by customizing and implementing part or all of a state - developed MCH Action Plan. Select one or more of action plans for the following MCH priorities: • Promote screening, referral and support for pregnancy - related depression. • Improve developmental and social emotional screening and referral rates for all children ages birth to 5. • Prevent obesity among all children ages birth to 5. • Prevent development of dental caries in all children ages birth to 5. • Reduce barriers to a medical home approach. • Promote sexual health among all youth ages 15 -19. • Improve motor vehicle safety among all youth ages 15 -19. Option 2: Identify and assess the health status and needs of the MCH population (defined as children, youth, children and youth with special health care needs, and women ages 15 -44) as part of the local public health improvement process. Consider MCH population needs and recommended strategies for serving this population when conducting the local issue prioritization process and in the development of the local public health improvement plan. 3. Reports and Audits. A. The local public health agency shall provide to CDPHE an agency annual report for the previous calendar year to be submitted April 1s each fiscal year. The report is to be submitted on an electronic template provided by the Office of Planning and Partnerships. The quarterly advance of funds for the period April, May and June of the current fiscal year shall be withheld until all reports are received by the State. The agency shall maintain such records as may be necessary to provide the information herein required by CDPHE and submit to such reasonable audits and evaluations as may be necessary. B. The local public health agency shall complete the MCH Annual Planning Form in partnership with Office of Planning and Partnership Public Health Nurse Consultant and submit the form by August 1 of each year. IV. Monitoring: CDPHE's monitoring of this contract for compliance with performance requirements will be conducted throughout the contract period by the Program's Contract Monitor. Methods used will include review of documentation reflective of performance to include progress reports and site visits. The Agency's performance will be evaluated three (3) times a year and communicated to the agency. A Final Contractor Performance Evaluation will be conducted at the end of the life of the contract. I. Resolution of Non - Compliance: The Agency will be notified by email within 7 calendar days of discovery of a compliance issue. Within 30 calendar days of discovery, the Agency and the State will collaborate, when appropriate, to determine the actions(s) necessary to rectify the compliance issue and determine when the action(s) must be completed. The action(s) and time line for completion will be documented by email and agreed to by both parties. If extenuating circumstances arise that requires an extension to the time line, the Agency must email a request to the Contract Monitor and receive approval for a new due date. The State will oversee the completion /implementation of the action(s) to ensure time lines are met and the issue(s) is resolved. If the Agency demonstrates inaction or disregard for the agreed upon compliance resolution plan, the State may exercise its rights under the Remedies section of the General Provisions of this contract. Page 2 of 3 Exhibit B- Statement of Work V1 /MAR2012 EXHIBIT B II. Budget: Local Planning Maternal and and Support Child Health TOTAL Quarter Amount Amount Payment July 1 through September 30, 2012 $20,739.00 $0.00 $20,739.00 October 1 through December 31, 2012 $20,739.00 $6,488.67 $27,227.67 January 1 through March 31, 2013 $20,739.00 $6,488.67 $27,227.67 April 1 through June 30, 2013 $20,739.00 $6,488.66 $27,227.66 Total $82,956.00 $19,466.00 $102,422.00 Page 3 of 3 Exhibit B- Statement of Work V 1 /MAR20I 2