HomeMy WebLinkAboutC18-129 Colorado Department of Human Services - Nurse Home VisitationCONTRACT AMENDMENT #6
SIGNATURE AND COVER PAGE
Slnlc Agency Original Contract Number Colorado Department of Human Services 15 IHA 68716Office of Early Childhood
l 575 Shennan Street, I" Floor
Denver. CO 80203
Contractor Amendment Contrnct Number Eagle County Government, db a Health and Human Services 19 IHIA 10923 5 PO Box 660
Enulc, CO 81631
Current Contract Maximum Amount Contrncl Performance Beginning Dale In itial Tenn July 1,2014
State Fiscal Y car 2015 $373,823
Extension Tcnns Current Contracl Expiration Date State Fiscal Y car 2016 $384,786 June 30, 2019
Stale Fiscal Ycar20l7 $426,080
State Fi scal Y car 20 l 8 $417,512
State Fiscal Ycar2019 $432,804*
Total for All Stale Fiscal Years $2,035,005*
*A n appropriation for NHVP General Accuunting
Encumbmnce (GAE) is hereby uddcd to this contract. The
maximum payable for GAE is subject to appropriated funds,
not to exceed $200,000 which is split among other NHVP
vendors. Sec Exhibit G: Gcneml Accounting Encumbrance
Provision.
THE PARTIES HERETO HA VE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment
and to bind the Part authorizin his or her si •nmure.
CONTRACTOR STATE OF COLORADO Eagle County Govcntmcnt,
dba Health and Human Ser\'iccs
: Kathy Chandler-Henry, Chair,
oard of Co ty mmissioner
Date:
John W. Hickcnloopcr, Governor
Reggie Bicha
Executive Director
In accordance with §24-30-202 C.R.S., this Ame ndment is nol valid until signed and dated below by the Stale Controller or an
illlthorizcd delegate.
STATE CONTROLLER
vis Yoder/ Andrea Eurich
}1AM. l1 41f Amend ment Effective Datc:. _____ 1 ___ _
Amcmlmcnl Conlract Number: J 9 IHIA 109235 Page I of3
C18-129
l.PARTIES
This Amendment (the "Amendment") to the Original Contract shown on the Signature and Cover
Page for this Amendment (the "Contract") is entered into by and between the Contractor, and the
State.
2.TERMINOLOGY
Except as specifically modified by this Amendment, all terms used in this Amendment that are
defined in the Contract shall be construed and interpreted in accordance with the Contract.
3.AMENDMENT EFFECTIVE DATE AND TERM
A.Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment Effective Date
shown on the Signature and Cover Page for this Amendment. The State shall not be bound
by any provision of this Amendment before that Amendment Effective Date, and shall have
no obligation to pay Contractor for any Work performed or expense incurred under this
Amendment either before or after of the Amendment term shown in §3.B of this
Amendment.
B.Amendment Tenn
The Parties' respective performances under this Amendment and the changes to the
Contract contained herein shall commence on the Amendment Effective Date shown on the
Signature and Cover Page for this Amendment or July 1, 2018, whichever is later and shall
terminate on the termination of the Contract.
4.PURPOSE
The Parties entered into the Contract for/to provide trained visiting nurses to help educate
mothers on the importance of nutrition and avoiding alcohol and drugs, including nicotine, and to
assist and educate mothers in providing general care for their children. This amendment extends
the contract term for FY 19, increases funds for services to be provided in FY 19, adds Exhibit G,
and amends Exhibits B, and C.
s.MODIFICATIONS
The Contract and all prior amendments thereto, (Original Contract CMS 15 IHA 68716; Option
Letter #1 CMS 15 IHIA 77070; Option Letter #2 CMS 16 IHIA 78997; Amendment #1 CMS 16
IHIA 79377; Amendment #2 CMS 16 IHIA 87025; Amendment #3 CMS 17 IHIA 88643;
Amendment #4 CMS 17 IHIA 95146; Amendment #5 CMS 18 IHIA 97682), are modified as
follows:
A.Extend Contract Expiration Date from June 30, 2018 to June 30, 2019
The Contract Initial Contract Expiration Date on the Contract's Signature and Cover Page
is hereby deleted and replaced with the Current Contract Expiration Date shown on the
Signature and Cover Page for this Amendment.
B.Increase Contract Maxin,11111 A111011nt by $432,804 for services in FY19 and increase the
Total/or All State Fiscal Years from $1,602,201 to $2,035,005.
t.The Contract Maximum Amount table on the Contract's Signature and Cover Page
is hereby deleted and replaced with the Current Contract Maximum Amount table
shown on the Signature and Cover Page for this Amendment.
Amendment Contract Num�r: 19 IHIA 109235 Page 2 of3
ii.An appropriation for NHVP General Accounting Encumbrance (GAE) is hereby
added to this contract. The maximum amount payable from the GAE is subject to
appropriated funds, not to exceed $200,000, which is split among other NHVP
vendors. See Exhibit G: General Accounting Encumbrance Provision.
C.Exhibit B -Bu dget
Exhibit B -Amendment #6, which is attached and incorporated into this Amendment, is
hereby added to Exhibit B of the Original Contract.
D. Exhibit C -Additional Provisions
Exhibit C -Amendment #6, which is attached and incorporated into this Amendment,
hereby replaces Exhibit C -Amendment #4.
E.Exhibit G -General Accounting Encumbrance Provision
Exhibit G, which is attached and incorporated into this Amendment, is hereby added to the
Original Contract.
6.LIMITS OF EFFECT AND ORDER OF PRECEDENCE
This Amendment is incorporated by reference into the Contract, and the Contract and all prior
amendments or other modifications to the Contract, if any, remain in full force and effect except
as specifically modified in this Amendment. Except for the Special Provisions contained in the
Contract, in the event of any conflict, inconsistency, variance, or contradiction between the
provisions of this Amendment and any of the provisions of the Contract or any prior modification
to the Contract, the provisions of this Amendment shall in all respects supersede, govern, and
control. The provisions of this Amendment shall only supersede, govern, and control over the
Special Provisions contained in the Contract to the extent that this Amendment specifically
modifies those Special Provisions.
Amcndmc:nt Contract Numb�-r. 19 IHIA 109235 Page 3 of3
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Office of Early Childhood
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Exhibit C -Amendment #6
ADDITIONAL PROVISIONS
I.SERVICE PROVISIONS
The Contractor shall provide the services according to the plans submitted in the "Statement of Work", attached
and incorporated herein by this reference as EXHIBIT A. In all cases, the descriptions, plans, timetables, tasks,
duties, and responsibilities of the Contractor as described in the Statement of Work, shall be adhered to in the
performance of the requirements of this contract. In the event of a conflict, the terms and conditions of this
contract shall control over the Statement of Work. Any significant changes to the Statement of Work (SOW)
require an amendment to the contract.
2.GOALS AND OBJECTIVES
The Contractor shall be responsible for the achievement of any goals and objectives as specified within the
Statement of Work (EXHIBIT A) of this contract unless written notice of any modifications are furnished by
the State to the Contractor allowing adequate time for compliance during the term of this contract.
3.COPY OF SUBCONTRACT
The Contractor shall provide to the State a copy of any executed subcontract between the Contractor and any
provider of services to fulfill any requirements of this contract. Subcontracts shall be emailed to the Contract
Representative upon execution.
4.PAYMENT
In consideration of the provision of services and reporting and subject to all payment and price provisions and
further subject to verification by the State of full and satisfactory compliance with the terms of this contract, the
State shall pay to the Contractor an amount not to exceed the amount specified in the Budget (EXHIBIT 8), of
this contract.
A.The Contractor shall submit requests for payment to CDHS OEC lnvoicing@statc.co.us no less than
monthly on forms prescribed and provided by the State.
8.Payment shall be made on a cost reimbursement basis for services rendered.
C.Timely Invoicing -Invoices shall be submitted no later than 45 days following the last day of the month.
End of State Fiscal Year invoices are on a compressed timeframe. Invoices for all services provided prior
to June 30th shall be invoiced by July 5th. Contractors who are unable to provide the invoice by July 5th
shall notify the state of the amount to be booked as accounts payable by July 13th by sending an email to
CDHS OEC lnvoicing@statc.co.us. Final invoices for services prior to June 30th shall be submitted by
September 14th. Invoices received after September 14th may not be paid.
D.The Contractor shall maintain source documentation to support all payment requested pursuant to this
contract. All source documentation shall be provided to the State by the Contractor upon request.
E.It is understood that the State reserves the right to offset funds pursuant to this contract based on the
discovery of overpayment or improper use of funds by the Contractor. Overpayment or improper use of
funds is interpreted to apply to specific terms of prior year contracts, and includes without limitation
requirements of the Generally Accepted Accounting Principles (GAAP) issued by the American Institute
of Certified Public Accountants, and applicable sections of the Colorado Revised Statutes.
5.PARTICIPATION
The Contractor representative(s) is required to participate in any Office of Early Childhood sponsored meetings
related to this contract.
Page 1 of 2 Revision Date October 16, 2017
Exhibit C -Amendment #6
6.SUPPLANTING
Payments made to the Contractor under this contract will supplement and not supplant other state, local or
federal expenditures for services associated with this contract.
7.BUDGET CHANGES
Contractor may request in writing adjustments to the direct costs in the current year budget (EXHIBIT B) not
to exceed I 0% of the total budget. Requests shall be made in the form of a written budget revision request to
the appropriate program staff. Written approval for the budget revision shall be required prior to any changes to
the budget related to the budget revision request. The total dollar amount of the contract budget cannot be
changed as a result of the budget revision request. Budget adjustment requests over I 0% and/or changes to the
total dollar amount of the budget require a formal amendment. No adjustments to the Indirect Costs portion of
the budget are allowable without a formal amendment.
8.RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE
Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models,
materials, or work product of any type, including drafts, prepared by Contractor in the performance of its
obligations under this Contract shall be the exclusive property of the State, and all Work Product shall be
delivered to the State by Contractor upon completion, by request, or termination hereof. This ownership implies
that OEC has full control of these data, reports and analyses, as well as full access to these data, report and
analyses. Control implies full and complete control as to how any and all data, records, analyses and reports
produced as part of this contract are used. Access implies full and complete access to any and all data, records,
analyses and reports produced as part of this contract. Upon request by OEC at any time and from time to time
and without regard to the default status of the parties under this contract, the contractor and/or its subcontractors
shall promptly deliver to OEC the all existing data, records, analyses and reports in electronic format and in
such hard copy as exists on the date of the request by OEC.
The State's exclusive rights in such work product shall include, but not be limited to, the right to copy, publish,
display, transfer, and prepare derivative works. Contractor shall not use, willingly allow, cause or permit such
work product to be used for any purpose other than the performance of Contractor's obligations hereunder
without the prior written approval of the State.
9.CRITICAL INCIDENT REPORTING
Within 48 hours of the occurrence of a critical incident involving any child or family and/or an on duty agency
staff member of any family support program staff funded through the Office of Early Childhood (OEC), the
agency must report in writing the details of the critical incident to the OEC Program Manager for the involved
family support program. Critical incidents may include, but are not limited to, awareness of an egregious
incident of abuse and/or neglect, near fatality, or fatality of any child currently enrolled in a family support
program; involuntary termination of a program staffs employment; criminal allegations involving program staff
and related to his/her employment; negative media attention about the family support program; any major injury
or threat to the security of an agency staff member while on duty and visiting an enrolled child or family.
10.MANDATED REPORTING
All program staff are required by law to report suspected child abuse and neglect. Mandatory reporters must
report suspected child abuse and neglect to the local county child welfare agency, the local law enforcement
agency, or by calling the child abuse reporting hotline system at l-844-C0-4KIDS ( 1-844-264-543 7).
All program staff are required to take the online mandatory reporter training on the CDHS Child Welfare
Training System: https://www .coloradocwts.com/mandated-reporter-training.
Page2of2 Revision Date October 16, 2017
GENERAL ACCOUNTING ENCUMBRANCE PROVISION
FUNDS FOR Nurse Home Visitor Program (NHVP):
EXHIBITG
Payment for Nurse Home Visitor Program (NHVP) General Accounting Encumbrance (GAE) to all
contractors will be made as incurred, in whole or in part, from the total available funds not to exceed
$200,000 for the GAE portion of the NHVP program. It is understood each contractor shall obtain prior
written approval from CDHS prior to incurring any costs related to NHVP GAE funds. It is further
understood and agreed that the maximum amount of funds available state wide for the current fiscal year
will be divided between all of the NHVP contracts. The State shall not be liable for any costs incurred
without obtaining prior approval for the expenditure ofNHVP GAE funds.
The NHVP program manager will approve GAE expenditures on a case-by case basis. In order to get
approval the following criteria must be met:
A.Local Implementing Agency must provide a written request detailing the funding requested and why it
is necessary to implement or improve the home visiting program.
B.Only items which are permitted for purchase under the GAE may be purchased. These items include
the following:
i.NFP training costs-often sites experience staff turnover in a fiscal year, and the GAE may be
used to cover costs ofNFP required training that was not included in their FYI 8-19 budget.
ii.Travel costs associated with NFP training. For example, if a site hires a new Nurse Home Visitor
and this staff member is required to attend NFP orientation, the site can use the GAE for the
training registration and travel expenses for the training. Training costs may include mileage,
hotel accommodations, and per diem for the staff member attending the training. Per Diem shall
be calculated using the CONUS Per Diem rates found at
https://www.colorado.gov /pacific/osc/travel-fiscal-rule in Appendices Al and A2. Mileage shall
not exceed the State mileage rate of $0.49 cents per mile. Any out of state travel costs must be
pre-approved by the NHVP program manager.
111.Operational items not included in the FYI 8-19 budget such as cell phones, tablets, and laptops
due to staff turnover.
C.Local Implementing Agency must not have other funding in their contract that could easily be used to
cover the cost of the expenditure without negatively impacting program deliverables.
D.The state intermediary must concur that they believe the expenditure to be necessary to improving the
program.
E.Funding must be available in the GAE.
F.NHVP program manager must approve the expenditure in writing.
Page 1 of 1
