HomeMy WebLinkAboutC21-225 Colorado Department of Human ServicesAmendment Contract Number: 22 IHIA 168216 Page 1 of 4 Rev. 1/14/19 CONTRACT AMENDMENT #3 SIGNATURE AND COVER PAGE State Agency Colorado Department of Human Services Office of Early Childhood Division of Community and Family Support Original Contract Number 20 IHIA 129458 Contractor Eagle County Government, dba Health and Human Services 551 Broadway, PO Box 600 Eagle, CO 81631 Amendment Contract Number 22 IHIA 168216 Current Contract Maximum Amount Initial Term Contract Performance Beginning Date July 1, 2019 State Fiscal Year 2020 $466,777* *An appropriation for NHVP General Accounting Encumbrance (GAE) is hereby added to this contract. The maximum amount payable for GAE is subject to appropriated funds, not to exceed $190,000 which is split among other NHVP vendors. See Exhibit C: Additional Provisions. Extension Terms Current Contract Expiration Date June 30, 2022 State Fiscal Year 2021 $438,928* *An appropriation for NHVP General Accounting Encumbrance (GAE) is hereby added to this contract. The maximum amount payable for GAE is subject to appropriated funds, not to exceed $70,000 which is split among other NHVP vendors. See Exhibit C: Additional Provisions. State Fiscal Year 2022 $437,476* *An appropriation for NHVP General Accounting Encumbrance (GAE) is hereby added to this contract. The maximum amount payable for GAE is subject to appropriated funds, not to exceed $140,000 which is split among other NHVP vendors. See Exhibit C: Additional Provisions. Total for All State Fiscal Years $1,343,181* DocuSign Envelope ID: 8241F94C-8D91-46D4-B313-09463502B3E3 C21-225 Amendment Contract Number: 22 IHIA 168216 Page 2 of 4 Rev. 1/14/19 THE PARTIES HERETO HAVE 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 Party authorizing his or her signature. CONTRACTOR Eagle County Government, dba Health and Human Services ______________________________________________ By: Kathy Chandler Henry, Chair, Board of County Commissioner Date: _________________________ STATE OF COLORADO Jared Polis, Governor Colorado Department of Human Services Michelle Barnes, Executive Director ______________________________________________ By: Lisa Castiglia, Chief Financial Officer/Director, Division of Operations, Office of Early Childhood Date: _________________________ In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By:___________________________________________ Andrea Eurich / Janet Miks / Toni Williamson Amendment Effective Date:_____________________ DocuSign Envelope ID: 8241F94C-8D91-46D4-B313-09463502B3E3 6/23/2021 Chair, Board of County CommissionersMatt Scherr 6/23/2021 6/24/2021 Amendment Contract Number: 22 IHIA 168216 Page 3 of 4 Rev. 1/14/19 1. 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 Term 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, 2021, whichever is later and shall terminate on the termination of the Contract. 4. PURPOSE In accordance with the provisions of this contract and its exhibits and attachments, the Contractor shall: Provide trained visiting nurses to help educate mothers on the importance of nutrition and avoiding alcohol and drugs, including nicotine, and to assist and education mothers in providing general care for their children. This Amendment shall extend the contract term for FY22, increase funds for services to be provided in FY22, and amends Exhibits B and C. 5. MODIFICATIONS The Contract and all prior amendments thereto, if any, are modified as follows: A. Extend Contract Expiration Date from June 30, 2021 to June 30, 2022. 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 Maximum Amount by $437,476 for services in FY22 and increase Total for All State Fiscal Years from $905,705 to $1,343,181. 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. DocuSign Envelope ID: 8241F94C-8D91-46D4-B313-09463502B3E3 Amendment Contract Number: 22 IHIA 168216 Page 4 of 4 Rev. 1/14/19 C. Exhibit B – Budget Exhibit B – Amendment #3, 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 #3, which is attached and incorporated into this Amendment, hereby replaces Exhibit C of 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. DocuSign Envelope ID: 8241F94C-8D91-46D4-B313-09463502B3E3 Exhibit B - Amendment #3 Project Name Nurse Home Visitor Program Counites Served Eagle Position Title/ Employee Name Gross or Annual Salary Fringe Percent of Time on Project Total Amount For Project A. Other Sources of Funding B. Medicaid Revenue C. CDHS Funding (NHVP) Nursing Staff includes one (1)  Nurse  Supervisor and three (3) Nurse Home  Visitors $315,204 $0 $0 $315,204 Kelly Matias, 0.5 FTE $45,867 $6,966 67% $35,398 $0 $0 $35,398 $35,398 $0 $0 $35,398 $350,602 $0 $0 $350,602 Item A. Other Sources of Funding B. Medicaid Revenue C. CDHS Funding (NHVP) Office Operating Expenses (i.e. supplies) $0 $0 $1,200 Client Support Materials $0 $0 $2,015 Printing & Publications $0 $0 $800 Postal & Shipping Services $0 $0 $150 Communications (cellular, network $0 $0 $5,250 Medical Supplies $0 $0 $450 Outreach Expenses $0 $0 $550 $0 $0 $10,415 Item Total A. Other Sources of Funding B. Medicaid Revenue C. CDHS Funding (NHVP) NFP Program Participation & Education $18,281 $0 $0 $18,281 Dance Education & Licensing $935 $0 $0 $935 Professional Development $2,400 $0 $0 $2,400 Certified Lactation Counselor Training $1,250 $0 $0 $1,250 $22,866 $0 $0 $22,866 Name A. Other Sources of Funding B. Medicaid Revenue C. CDHS Funding (NHVP) $0 $0 $0 $0 $0 $0 Item A. Other Sources of Funding B. Medicaid Revenue C. CDHS Funding (NHVP) Visit Outreach Mileage $0 $0 $8,250 Travel to Attend Required Training $0 $0 $5,283 $0 $0 $13,533 Name A. Other Sources of Funding B. Medicaid Revenue C. CDHS Funding (NHVP) Mental Health Consultation: Julia Kozusko $0 $0 $5,000 $0 $0 $5,000 $0 $0 $402,416 Item A. Other Sources of Funding B. Medicaid Revenue C. CDHS Funding (NHVP) 10% de minimis Indirect rate: $0 $0 $35,060 $0 $0 $35,060 $0 $0 $437,476 1b. Non Nursing Staff Total    1. Total Personnel Services (including fringe benefits) Supplies & Operating Expenses FY 2022 4. Total Equpment Travel FY 2022 Description of Item Required licensing and education for a program component Covers cost of additional training for NHVs Covers cost of CLC training and certification 3. Total Training and Technical Assistance Equipment (Over $5,000 Per Item)FY 2022 Description of Item No costs in this category will be reimbursed by CDHS.  2. Total Supplies & Operating Expenses Description of Work and Fringe includes workers' comp insurance, unemployment  insurance, long‐term disability, FICA, retirement, wellness  program, health, dental, and vision insurance.               Individual Nursing staff salary not to exceed $107,746 (A Contract Amendment is required if any additional funds are added to the total contract amount) Overall Program implementation and home visiting service  delivery Non Nursing Staff Provides data input and interpretation services 59 Email Funded Caseload Expenditure Categories FY 2022Personnel Services - Salaried Employees Budget Period July 1, 2021 ‐ June 30, 2022 Fiscal Contact Name, Title Nicole Sisneros Phone nicole.sisneros@eaglecounty.us 970‐358‐8859 Colorado Department of Human Services Office of Early Childhood BUDGET WITH JUSTIFICATION FORM Contractor Name Eagle County Public Health and Environment Program Contact Name, Title Shannon Wagner Phone 970‐328‐8855 Email shannon.wagner@eaglecounty.us Indirect Costs Description of Item  Indirect rate at 10% of total personnel costs Total Indirect TOTAL 6. Total Contractors/Consultants MODIFIED TOTAL DIRECT COSTS (MTDC) FY 2022 5. Total Travel Contractors/Consultants (payments to third parties or entities)FY 2022 Description of Item Mental health consultation is necessary to support nurses in their work with families Cost is necessary to NHV's can travel to clients' homes to deliver services Cost is necessary for state NS meetings & other necessary Administrator and NHV/NS trainings  Training and Technical Assistance FY 2022 Description of Item Required program participation and education for nurses, supervisors and administrators Description of Item  basic office supplies such as pens, chart folders, paper & binders, clips, tape, etc. necessary for everyday work necessary to purchase client support materials for families beyond NFP and PIPE handouts necessary for client printed matierlas (facilitators), staff supervision & NHV forms, reference publications necessary to send matierials to clients, referral sources, and community partners cell phones & coverage, tablets necessary for everyday NHV work and safety of NHV, telehealth supports  stethoscopes, BP cuffs, items for NHV working with families necessary to purchase marketing materials, food for planned community partner in‐service Page 1 of 1 DocuSign Envelope ID: 8241F94C-8D91-46D4-B313-09463502B3E3 Exhibit C – Amendment #3  Page 1 of 4 Revision Date December 4, 2020    ADDITIONAL PROVISIONS 1. 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 B), of this contract. A. The Contractor shall submit requests for payment to CDHS_OEC_Invoicing@state.co.us no less than monthly on forms prescribed and provided by the State. B. Payment shall be made on a cost reimbursement basis for services rendered. C. It is understood any vacancy savings in the personnel category and/or any savings in any other category shall require written approval from the State prior to any redistribution of any savings by the Contractor. ANY COST SAVINGS THAT ARE REDISTRIBUTED BY CONTRACTOR WITHOUT WRITTEN APPROVAL SHALL NOT BE REIMBURSED BY THE STATE. D. IT IS UNDERSTOOD ANY COSTS THAT EXCEED THE CONTRACTED AMOUNT SHALL NOT BE PAID BY CDHS. If Contractor has a legitimate need for additional funds, the Contractor shall request additional funds from the CDHS 60 days prior to projected depletion of contracted funds. CDHS shall review each request and notify Contractor in writing of approval or denial. Approval of additional funds shall require an official modification to the Contract by Amendment or Option Letter. E. Timely Invoicing - Invoices shall be submitted no later than 30 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_Invoicing@state.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. DocuSign Envelope ID: 8241F94C-8D91-46D4-B313-09463502B3E3 Exhibit C – Amendment #3  Page 2 of 4 Revision Date December 4, 2020    F. 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. G. 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. H. The State shall review monthly invoices throughout the fiscal year. If, after a number of months, the State determines the Contractor is not needing/using the funding allocated for the Contractor’s work in the Contract, the State shall remove these funds from the contract budget by Option Letter for a proportional reduction of services with prior written notification to the Contractor. 5. PARTICIPATION The Contractor representative(s) is required to participate in any Office of Early Childhood sponsored meetings related to this contract. 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 10% 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 10%, adding new expense lines, 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. Contractor may request in writing up to a 5% increase to the "Gross or Annual Salary" of an individual employee if a position currently listed in the contract becomes vacant and the new incoming employee will be hired at a higher or lower salary. No increase within the salary range is authorized without prior written approval from CDHS. Adding additional staff requires an amendment to the contract. Vacancy savings cannot be used to change salary amounts for existing personnel without an amendment. Any change to personnel requires prior written approval from CDHS staff. This process will never change the Contract Maximum Amount. Contractor must use available unused funds from either vacancy savings or another category within the contract. The revision request may not at any time compromise the integrity of the funded program as determined by CDHS program staff. 8. TRAVEL A. Mileage shall not exceed the State mileage rate per https://www.colorado.gov/pacific/osc/travel-fiscal-rule. B. Per Diem shall not exceed State per diem rate for the area of travel per https://www.colorado.gov/pacific/osc/travel-fiscal-rule. C. Hotel rates cannot exceed any rate established for conference attendance. D. Usage of airfare or Out of State Travel requires pre-approval from CDHS. DocuSign Envelope ID: 8241F94C-8D91-46D4-B313-09463502B3E3 Exhibit C – Amendment #3  Page 3 of 4 Revision Date December 4, 2020      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 staff’s 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 A. 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 1-844-CO-4KIDS (1-844- 264-5437). B. 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.   11. GENERAL ACCOUNTING ENCUMBRANCE (GAE) A. Payment for Nurse Home Visitor Program (NHVP) to all contractors will be made as incurred, in whole or in part, from the total available funds not to exceed $400,000 ($190,000 for FY20; $70,000 for FY21; $140,000 for FY22), to be utilized for NHVP as follows: i. Nurse Family Partnership (NFP) training costs, often sites experience staff turnover in a fiscal year and they will be permitted to use the GAE to cover costs of NFP required training that was not included in their 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 will be able to bill the GAE for the training registration and travel expenses for the training. Travel costs may include mileage, hotel accommodations and per diem for the staff member attending the training. iii. Operational items not included in their budget such as cell phones, tablets, laptops. Due to staff turnover, sites are to not include potential operational item expenses in their budgets, but rather utilize the GAE in order to purchase necessary items for new staff. iv. Transition salaries to pay new staff during the overlap with the staff member leaving in order to provide time for adequate training. Once the original staff member leaves, the new staff member’s salary would be paid against the existing line in their budget. v. Translation and interpretation services to serve clients who are deaf or hard of hearing, and those whose primary language is not English. DocuSign Envelope ID: 8241F94C-8D91-46D4-B313-09463502B3E3 Exhibit C – Amendment #3  Page 4 of 4 Revision Date December 4, 2020    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 of NHVP GAE funds. The NHVP program manager will approve GAE expenditures on a case-by case basis and the state intermediary must concur that they believe the expenditure to be necessary to improving the program. NHVP program manager must approve the expenditure in writing. B. Payment to Contractor is made from available funds encumbered and shared across multiple contractors. The State may increase or decrease the total funds encumbered at its sole discretion and without formal notice to Contractor. No minimum payment is guaranteed to Contractor. The liability of the State for such payments is limited to the encumbered amount remaining of such funds. C. Invoices shall be submitted separately for pre-approved expenditures. i. The Contractor shall submit requests for payment to CDHS_OEC_Invoicing@state.co.us.   DocuSign Envelope ID: 8241F94C-8D91-46D4-B313-09463502B3E3