HomeMy WebLinkAboutC18-128 Colorado Department of Public Health and Environment - TuberculosisDEP ARThIBNT OF PUBLIC HEALTH ,-\ND ENVIRON:WIBNT CMS ROUTING NO. 19 FHHA 109259 APPROVED TASK ORDER CONTRACT -WAIVER #154 This task order contract is issued pursuant to master contract made on 11/23/2016, with routing number 18 FAA 00016. STATE: State of Colorado for the use & benefit of the Department of Public Health and Environment Disease Control and Environmental Epidemiology Tuberculosis -Prevention and Control 4300 Cherry Creek South Drive Denver, Colorado 80246 CONT RACT MADE DA TE: 4/16/2018 CORE ENCUMB RANCE NUMBER: 201900000545 TERM: This contract shall be effective upon approval by the State Controller, or designee, or on 07/01/201 8, whichever is later. The contract shall end on 06/30/2019. PROCUREMENT METHOD: Exempt BID/RFP/LIST PRICE AGREEMENT NUMBER: Not Applicable LAW SPECIFIED VENDOR STATIITE: Not Applicable STATE REPRESENTATIVE: Pete Dupree 4300 Cherry Creek South Drive Denver, Colorado 80246 PROJECT DESCRIPTION: CONTRACTOR: Board of County Commissioners of Eagle County 500 Broadway Eagle, Colorado 81631-0850 for the use and benefit of the Eagle County Public Health Agency 551 Broadway Eagle, Colorado 81631 CONTRACTORDUNS: 084024447 CONTRACTOR ENTITY TYPE: Political Subdivision BILLING STATEMENTS RECEIVED: Monthly STATUTORY AUT HORITY: Not Applicab le CLASSIFICATION: Subrecipient CONTRACT PRICE NOT TO EXCEED: $5,000.00 FEDERAL FUNDING DOLLARS: $0.00 ST ATE FUNDING DOLLARS: OTHER FUNDING DOLLARS: Specify "Other'': $5,000.00 $0.00 MAXIMUM AMOUNT AVAILABLE PER FI SCAL YEAR : FY19: $5,000.00 PRICE STRUCTURE: Cost Reimbursement CON TRACTOR REPRESENTATIVE: Chris Lindley 5 51 Broadway Eagle, Colorado 81631 This project serves to provide diagnostic, patient education and treatment services for individuals with suspected/known latent TB infection (L TBI) and those classified with Class A and Class B TB status or who are suspected of having active TB. Also for individuals who are identified as newly arrived refugees, asylees and other high risk persons with L TBI. Page 1 of6 OC 19 FHHA 109259.docx ver 04.6.18 C18-128 Page 2 of 6 OC 19 FHHA 109259.docx ver 04.6.18 EXHIBITS: The following exhibits are hereby incorporated: Exhibit A - Additional Provisions (and any of its Attachments; e.g., A-1, A-2, etc.) Exhibit B - Statement of Work (and any of its Attachments; e.g., B-1, B-2, etc.) Exhibit C - Budget (and any of its Attachments; e.g., C-1, C-2, etc.) Exhibit D - Option Letter Exhibit E - Grant Funding Change Letter 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 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" and "Exhibit C". 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 effoctive date of such change as if fully set fo1ih 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 Dateis on or after July I, 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 of6 OC 19 FI-IHA 109259.docx ver 16.4.18 Page 4 of 6 OC 19 FHHA 109259.docx ver 04.6.18 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. SIGNATURE PAGE Contract Routing Number: 19 FHHA 109259 THE PARTIES HERETO HA VE EXECUTED THIS CONTRACT Each person signing this Contract represents and wairnnts that he or she is duly authorized to execute this Contract and to bind the paity authorizing his or her signature. By: CONTRACTOR Board of County Commissioners of Eagle County for the use and benefit of the Eagle County Public Health Agency (a political subdivision of the state of Colorado) }LJtrf11 ' (J�MJ£ll-ft,.._Ml'fPrint Name o uthorized Individual Signature of Authorizea ) fr�{t: PROGRAM APPROVAL Colorado Department of Public Healt h and Environment 1 Date ST A TE OF COLORADO John W. Hickenlooper, Governor Colorado Department of Public Health and Environment Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer Lisa McGovern Purchasing and Contracting Secti on Director, CDPHE Date In accordance with §24-30-202 C.R.S., this Contract is not valid until signed and dated below by the State Controller or an authorized delegate. Page 5 of6 OC 19 FHHA 109259.d ocx ver 16.4.18 Page 6 of 6 OC 19 FHHA 109259.docx ver 04.6.18 This page left intentionally blank. EXHIBIT A Page 2 of 2 Contract_Exhibit-A_AdditionalProvisions_TaskOrder_18.1.4 4. 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. This award does not include funds for Research and Development. 6. The State, at its discretion, shall have the option to extend the term under this Task Order beyond the Initial Term for a period or for successive periods, of 1 year at the same rates and under the same terms specified in the Task Order. In order to exercise this option, the State shall provide written notice to Contractor in a form substantially equivalent to Exhibit D. If exercised, the provisions of the Option Letter shall become part of and be incorporated in the original Task Order. The total duration of this Task Order shall not exceed 5 years. 7. The State, at its discretion, shall have the option to increase or decrease the statewide quantity of Goods and/or Services based upon the rates established in this Task Order and modify the maximum amount payable accordingly. In order to exercise this option, the State shall provide written notice to Contractor in a form substantially equivalent to Exhibit D. Delivery of Goods and/or performance of Services shall continue at the same rates and terms as described in this Task Order. 8. The State, at its discretion, may unilaterally increase or decrease the total funds available under this Grant, the funds available under the Grant during any State fiscal Year or the funds available for any specific line items described in this Grant. In order to exercise this right, the State shall provide written notice to Grantee in a form substantially equivalent to Exhibit E. The exercise of this right shall not be valid until it has been approved by the State Controller or designee. 9. Transfer of funds within the Budget: a. Transfer funds between budget lines if the total of all cumulative transfers is less than 25% of the budgeted amount does not require Tuberculosis Section approval. However the Contractor shall notify the Section of the changes in writing prior to the transfer of funds. b. When the cumulative total of all transfers equals or exceeds twenty five percent (25%) of the total budgeted amount, the Contractor must obtain written permission from the Tuberculosis Section to move any funds between lines. The Contractor shall submit the Tuberculosis Section approved budget modification form prior to making revised expenditures. The Tuberculosis Section staff will evaluate the request and inform the Contractor of a decision within 15 calendar days of receiving the request. EXHIBIT B Page 2 of 6 laboratory for testing. 5. The Contractor shall arrange for the placement of patients who require isolation. a. The Contractor shall contact CDPHE TB Program for assistance. b. The Contractor shall contact CDPHE to request reimbursement from CDPHE for those costs incurred by the Contractor in isolating a patient. 6. The Contractor shall provide, or arrange for, the treatment of patients with suspected or confirmed active TB, including DOT. 7. The Contractor shall ensure patients’ adherence to TB treatment. 8. The Contractor shall inform those individuals whom refuse testing of the risks associated with HIV/TB co-infection. 9. A minimum of once a month, the Contractor shall monitor and evaluate those persons with suspected or confirmed active TB disease by in-person assessment. 10. As needed, the Contractor shall offer limited English proficiency services via an accredited Over-the-Phone Interpretation (OPI) provider to be reimbursed using TB DOT/Diagnostic reimbursement invoice template by the CDPHE TB Program at a rate not to exceed $0.75/minute. The instructions are incorporated and made part of this Contract by reference and is available on the following website under the Over-the-phone (OPI) section, https://www.colorado.gov/pacific/cdphe/tb-lpha. Primary Activity #2 The Contractor shall ensure that all contacts to newly identified infectious TB cases are identified, investigated, and receive appropriate evaluation. Sub-Activities #2 1. The Contractor shall provide, or arrange for, chest x-rays and interpretations for individuals with newly identified infectious, suspected, confirmed, and LTBI TB cases. 2. The Contractor shall provide, or arrange for, the treatment of patients, including DOT, and ensure the completion of therapy for infected patients. 3. The Contractor shall provide, or arrange for, an HIV antibody test for all persons with LTBI with HIV risk factors or who originate from an HIV-endemic area. 4. The Contractor shall inform all individuals whom refuse testing of the risks associated with HIV/TB co-infection. 5. A minimum of once a month, the Contractor shall monitor and evaluate persons with LTBI during treatment. 6. The Contractor shall ask all TB clients about current health insurance enrollment and offered materials to become insured if not currently insured. 7. The Contractor shall complete a preliminary Tuberculosis Contact Investigation Record. The instructions are incorporated and made part of this contract by reference and is available at the following link, Tuberculosis Contact Investigation Record to the CDPHE TB Program after initiation of each contact investigation. Primary Activity #3 The Contractor shall provide or arrange for newly arrived refugees, asylees and other eligible individuals with Class B TB designation to complete a TB screening. Sub-Activities #3 1. A minimum of thirty (30) calendar days of the Contractor’s receipt of written notification from CDPHE of the arrival of a Class B immigrant or refugee, the Contactor shall provide, or arrange for a TB screening that includes the following: a. medical evaluation b. tuberculin skin test or IGRA c. chest radiograph d. three spontaneous sputum specimens for AFB smear and culture collected on consecutive days 2. Upon completion of testing and examination, the Contractor shall complete, sign, and date the CDC 75.17 form or Class B tuberculosis Follow Up worksheet, and return it within ninety (90) days to: Colorado Department of Public Health and Environment Tuberculosis Program Attn: Class B Coordinator 4300 Cherry Creek Drive South Denver, CO 80246 EXHIBIT B Page 4 of 6 h. provider information i. TB risk factors j. results of diagnostic testing k. results of mycobacteriology including susceptibility results l. dates of infectious period m. treatment information n. changes in patients' status o. diagnosis p. any other information as appropriate. 5. For those persons identified with LTBI or active TB, the Contractor shall report to CDPHE: a. patient name b. date of birth c. country of birth d. date arrived in the U.S. e. demographic information f. locating information g. provider information h. TB risk factors i. results of diagnostic testing j. treatment information k. any other information deemed appropriate by the Contractor. 6. The Contractor shall complete tests including the following: a. smears for acid-fast bacilli, (using concentrated fluorescent method) b. isolation of mycobacteria (using rapid methods) c. identification of Mycobacterium tuberculosis complex (MTB) (using rapid methods) d. susceptibility testing (isoniazid, rifampin, ethambutol, and pyrazinamide) on isolates of MTB. 7. The CDPHE TB Program will notify the Contractor of all newly arrived Class B TB immigrants/refugees via a CDC 75.17 form which is incorporated herein by this reference, or Follow-up worksheet which is incorporated herein by this reference, made a part of this Contract, and available on the following website: https://www.colorado.gov/pacific/cdphe/tb-btb-arrivals 8. The Contractor shall record 95% of all HIV testing result rates among suspect and confirmed cases of active TB disease, and enter that information into the CDPHE TBdb. a. The Contractor shall record 95% of all HIV testing result rates among suspect and confirmed cases of active TB disease into the CDPHE TBdb no later than the day before TB treatment begins, and no later than the end date of this Contract. 9. The Contractor shall record 80% of all HIV antibody testing result rates for LBTI patients into the CDPHE TBdb. a. The Contractor shall record 80% of all HIV antibody testing result rates for LBTI patients into the CDPHE TBdb no later than the end date of this Contract. 10. The Contractor shall provide culturally appropriate patient education and information pertaining to TB treatment and the follow-up plan. 11. The Contractor shall provide services in patient’s preferred language using medical interpretation resource 12. The Contractor shall report to CDPHE via (CDPHE TBdb) or via Tuberculosis Surveillance and Case Management Report (TB 17) when a TB patient completes treatment, moves, or transfers out of the Contractor’s service area. a. The Contractor shall complete 100% of all TB-17 and RVCT CDPHE TBdb fields no later than the last business day of each month, and by the end date of this contract. 13. The Contractor shall discuss current health insurance enrollment and offered materials with the client for the purposes of becoming insured if not currently insured. a. The Contractor shall ask all TB clients about current health insurance enrollment including Medicaid, and offer resource materials no later than the last business EXHIBIT B Page 6 of 6 during the Contract term. The Contractor shall monitor documents and website content for updates and comply with all updates. Expected Results of the Activity 1. New TB cases shall be diagnosed, documented and treated. 2. Patients with existing or newly diagnosed TB or LTBI shall be treated, as appropriate. 3. Newly arrived refugees, asylees and other eligible individuals with Class B TB designation receive treatment. 4. In order to facilitate and improve client access and enrollment in health insurance, CDPHE is asking all state contractors and sub-recipients who contract with the department for direct patient care clinical service programs to provide Colorado Medicaid and Connect for Health Colorado information to clients presenting for services at their agencies. At a minimum, CDPHE Contractors must offer clients printed resource and referral materials that direct them to the nearest community Medicaid and Connect for Health Colorado enrollment location(s), including online enrollment options. These materials must be available for clients with limited English proficiency (LEP). To help locate the nearest enrollment locations in the community, the following websites are available: https://www.colorado.gov/pacific/hcpf/how-to-apply http://connectforhealthco.com/resources/person-help/, and are incorporated and made part of this Contract by reference. Measurement of Expected Results 1. Data contained in the CDPHE TBdb. 2. Data in Semi-Annual progress report. 3. Data in final progress report. Completion Date Deliverables 1. The Contractor shall submit the Semi-Annual Progress Report covering July-December and January-June to the CDPHE Contract Monitor. No later than 1/31/2019 and 6/30/2019 V. Monitoring: CDPHE’s monitoring of the Contract for compliance with performance requirements will be conducted throughout the Contract period by the CDPHE Contract Monitor. Methods used will include a review of documentation determined by CDPHE to be reflective of performance to include monthly reports and invoices and other fiscal and programmatic documentation as applicable. The Contractor’s performance will be evaluated at set intervals and communicated to the contractor. A Final Contractor Performance Evaluation will be conducted at the end of the life of the contract. VI. Resolution of Non-Compliance: The Contractor will be notified in writing within 15 calendar days of discovery of a compliance issue. Within 30 calendar days of discovery, the Contractor and the State will collaborate, when appropriate, to determine the action(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 in writing and agreed to by both parties. If extenuating circumstances arise that requires an extension to the time line, the Contractor must email a request to the CDPHE 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 Contractor demonstrates inaction or disregard for the agreed upon compliance resolution plan, the State may exercise its rights under the Terms and Conditions of this Contract. Exhibit D Page 1 of 1 OPTION LETTER Date: State Fiscal Year: Option Letter No. Original Contract CMS# Option Letter CMS Routing # CORE Encumbrance # DELETE all BLUE text, CUSTOMIZE Red text and CHANGE Red text to Black after customization. 1) OPTIONS: Choose all applicable options listed below a. Option to extend for a renewal or additional term b. Option to change amount of goods c. Option to change amount of services d. Option to change contract rates e. Option to initiate next phase of contract 2) REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below: a. For use with Options a: In accordance with Section(s) enter Section the Original Contract referenced above between the State of Colorado, Colorado Department of Public Health and Environment, and enter Contractor’s name the State hereby exercises its option for an additional term beginning insert start date and ending on insert end date at the rates stated in the Original Contract, as amended. b. For use with Option b and c. In accordance with Section(s) enter Section of the Original Contract routing number referenced above, between the State of Colorado, Colorado Department of Public Health and Environment, and enter Contractor’s name the State hereby exercises its option to Increase/Decrease the quantity of Goods/Services or both at the same cost/price as specified in enter Exhibit/Attachment name. c. For use with Option d. In accordance with Section(s) enter Section of the Original Contract routing number referenced above, the State hereby exercise its option to modify the Contract rates specified in Exhibit/Section number. The Contract rates attached to this Option letter in enter Exhibit/Attachment name replace the rates in the original Contract as of the Option Effective Date of this Option Letter. d. For use with Option e: In accordance with Section(s) enter Section of the Original Contract routing number referenced above, the State hereby exercise its option to initiate Phase indicate which Phase: 2, 3, 4 etc. which shall begin on insert start date and ending on insert end date at the cost/price specified in Section enter Section the Original Contract referenced above. e. For use with Options a, b, c that modify the contract value: The amount of the current Fiscal Year contract value is increased/decreased by $ enter amount of change to a new contract value of insert new $ amount as consideration for services/goods ordered under the contract for the current fiscal year Indicate Fiscal Year. The Contract is hereby modified accordingly. The amended total contract financial obligation including all previous amendments, option letters, etc. is insert new $ amount. 3) Effective Date: The effective date of this Option Letter is upon approval of the State Controller if exact date is required complete the following: enter date, and include the following: whichever is later. STATE OF COLORADO John W. Hickenlooper, GOVERNOR Department of Public Health and Environment By: Lisa McGovern, Purchasing & Contracts Section Director Date: _________________________ PROGRAM APPROVAL: By: ____________________________________ 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 Robert Jaros, CPA, MBA, JD By: ____________________________________ Date: ___________________