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HomeMy WebLinkAbout20131114.tiffRESOLUTION RE: APPROVE AMENDMENT #1 TO IMMUNIZATION CORE SERVICE TASK ORDER CONTRACT AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with Amendment #1 to the Immunization Core Service Task Order Contract between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Health and Environment, and the Colorado Department of Public Health and Environment, commencing April 15, 2013, with further terms and conditions being as stated in said task order amendment, and WHEREAS, after review, the Board deems it advisable to approve said task order amendment, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Amendment #1 to the Immunization Core Service Task Order Contract between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Health and Environment, and the Colorado Department of Public Health and Environment be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said task order amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of May, A.D., 2013, nunc pro tunc April 15, 2013. BOARD OF COUNTY COMMISSIONERS ATTES Weld County Clerk to BY: ''4, G Deputy Clerk to the Bo APP :e.' DA ont ' ttorney Date of signature: 5/6 WELD C9U,NTY, COLORADO Garcia. Chair Douglas Rade a eitr acher, Pro-Tem Sean P. Conway ;I co Mike Freeman EXCUSED Barbara Kirkmeyer c� J X1,(0' 5(1 6/q 2013-1114 HL0040 WELT D__C IUNTY Memorandum TO: William F. Garcia, Chair Board of County Commissioners FROM: Mark E. Wallace, MD, MPH, Director Department of Public Health and Environment DATE: April 18, 2013 SUBJECT: Amendment #1 to the Immunization Core Service Task Order Contract Enclosed for Board review is Amendment #1 to the Immunization Core Service Task Order Contract between the Colorado Department of Public Health and Environment (CDPHE) and Board of Commissioners on behalf of the Weld County Department of Public Health and Environment (WCDPHE) for the Immunization Program. With approval of this amendment, Weld County will be reimbursed an additional amount not to exceed $5,396. Under provisions of this amendment, WCDPHE will continue to provide core services to best meet the immunization needs of the citizens of Weld County and ensure immunization best practices are provided around the county. These core services include provision of age appropriate immunizations for vaccine preventable diseases and educational offerings about immunizations. This amendment of $5,396 is State of Colorado Funding and is supplemental to the Original Task Order Contract which was $81,157. The amended contract amount will be $85,553. This additional funding is for activities performed during the time period January 1, 2013 -June 30, 2013. I recommend your approval of this task order amendment. Enclosure 2013-1114 DEPARTMENT OR AGENCY NAME COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT DCEED— Immunization DEPARTMENT OR AGENCY NUMBER FHA CONTRACT ROUTING NUMBER 13- 54726 AMENDMENT FOR TASK ORDERS #1 This Amendment is made this 29th day of March 2013, by and between the State of Colorado, acting by and through the DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT whose address or principal place of business is 4300 Cherry Creek Drive South, Denver, Colorado 80246 hereinafter referred to as the "State"; and Board of County Commissioners of Weld County (a political subdivision of the state of Colorado) for the use and benefit of Weld County Department of Public Health and Environment, whose address or principal place of business is 1555 North 17th Avenue, Greeley, Colorado 80631, hereinafter referred to as the "Contractor". FACTUAL RECITALS The parties entered into a Master Contract, dated January 17, 2012, with contract routing number 13 FAA 00051. Pursuant to the terms and conditions of the Master Contract, the parties entered into a Task Order Contract, dated October 17, 2012, with contract encumbrance number PO FHA EP11350134 and contract routing number 13 FHA 50134, referred to herein as the "Original Task Order Contract, whereby the Contractor was to provide to the State the following: To provide core services to best meet the immunization needs of the citizens of Colorado and to ensure immunization best practices are provided around the state. The State promises to increase the amount of funds to be paid to the Contractor by Five Thousand, Three Hundred Ninety Six Dollars ($5,3961 during the current term of the Original Task Order Contract in exchange for the promise of the Contractor to continue to perform the work under the Original Task Order Contract. The State hereby exercises a "no cost" change to the Additional Provisions within the current term of the Original Task Order Contract. NOW THEREFORE, in consideration of their mutual promises to each other, stated below, the parties hereto agree as follows: I. Consideration for this Amendment to the Original Task Order Contract consists of the payments and services that shall be made pursuant to this Amendment, and promises and agreements herein set forth. 2. It is expressly agreed to by the parties that this Amendment is supplemental to the Original Task Order Contract, contract routing number 13 FHA 50134 referred to herein as the Original Contract, which is by this reference incorporated herein. All terms, conditions, and provisions thereof, unless specifically modified herein, are to apply to this Amendment as though they were expressly rewritten, incorporated, and included herein. 3. It is expressly agreed to by the parties that the Original Task Order Contract is and shall be modified, altered, and changed in the following respects only: Page 1 of 5 Rev 3/16/2010 A. This Amendment is issued pursuant to paragraph 5 of the Original Task Order Contract identified by contract routing number 13 FHA 50134. This Amendment is for the current term of January 1, 2013 through and including December 31, 2013. The maximum amount payable by the State for the work to be performed by the Contractor during this current term is increased by Five Thousand, Three Hundred Ninety Six Dollars ($5,396) for an amended financial obligation of the State for the current term of Eighty Five Thousand, Five Hundred Fifty Three Dollars ($85,553.00) and an amended total financial obligation of the State of Eighty Five Thousand, Five Hundred Fifty Three Dollars ($85,553.00). Of the amended financial obligation for the current term Nineteen Thousand, Five Hundred Ninety Six Dollars ($19,596.001 are attributable to a funding source of the State of Colorado and Sixty Five Thousand, Nine Hundred Fifty Seven Dollars ($65,957.00) are attributable to a funding source of the United States Government (see Catalog of Federal Domestic Assistance (CFDA) number 93.2680). Of the amended total financial obligation of the State referenced above Nineteen Thousand, Five Hundred Ninety Six Dollars ($19,596.00) are attributable to a funding source of the State of Colorado and Sixty Five Thousand, Nine Hundred Fifty Seven Dollars ($65,957.00) are attributable to a funding source of the United States Government. The revised Budget is incorporated herein by this reference and identified as "Revised Exhibit C". B. This Amendment is issued pursuant to paragraph 5 of the Original Task Order Contract identified by contract routing number 13 FHA 50134. This Amendment modifies the Additional Provisions of the Original Task Order Contract. The revised Additional Provisions are incorporated by this reference and identified as "Revised Exhibit A". The Original Task Order Contract is modified accordingly. All other terms and conditions of the Original Task Order Contract are reaffirmed. 4. The effective date of this Amendment is April 15, 2013, or upon approval of the State Controller, or an authorized delegate thereof, whichever is later. 5. Except for the Special Provisions and other terms and conditions of the Master Contract and the General Provisions of the Original Task Order Contract, in the event of any conflict, inconsistency, variance, or contradiction between the terms and provisions of this Amendment and any of the terms and provisions of the Original Task Order Contract, the terms and provisions of this Amendment shall in all respects supersede, govern, and control. The Special Provisions and other terms and conditions of the Master Contract shall always control over other provisions of the Original Task Order Contract or any subsequent amendments thereto. The representations in the Special Provisions to the Master Contract concerning the absence of personal interest of state of Colorado employees and the certifications in the Special Provisions relating to illegal aliens are presently reaffirmed. 6. FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFTER THE CURRENT FISCAL YEAR ARE CONTINGENT UPON FUNDS FOR THAT PURPOSE BEING APPROPRIATED, BUDGETED, AND OTHERWISE MADE AVAILABLE. Page 2 of 5 Rev 3/16/2010 This page left intentionally blank. Page 3 of 5 Rev 3/16/2010 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day first above written. * 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: Board of County Commissioners of Weld County (a political subdivision of the state of Colorado) for the use and benefit of the Weld County Department of Public Health and Environment /110 Signature of Authorized Officer William F. Garcia MAY 0 6 2013 Print Name of Authorized Officer Chair, Board of Weld County Commissioners Print Title of Authorized Officer STATE: STATE OF COLORADO John W. Hickenlooper, Governor For the Executive Director DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT PROGRAM APPROVAL: By: v605_2 05_ tkADPA. J 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 Page 4 of 5 Rev 3/16/2010 4/3 //19 This page left intentionally blank. Page 5 of 5 Rev 3/16/2010 Revised EXHIBIT A As modified by Contract Amendment #1 Routing Number 13 FHA 54726 ADDITIONAL PROVISIONS To Amendment Dated 03/29/2013- Contract Routing Number 13 FHA 54726 These provisions are to be read and interpreted in conjunction with the provisions of the Task Order Contract specified above. I. 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. 2. This Task Order Contract contains federal funds (see Catalog of Federal Domestic Assistance (CFDA) number 93.268) 3. The United State Department of Health and Human Services ("USHHS"), through the Centers for Disease Control and Prevention ("CDC") has awarded federal funds under Award number CDC-RFA-IP13-1301 hereinafter "Award", to perform the following — To provide core services to best meet the immunization needs of the citizens of Colorado and to ensure immunization best practices are provided around the state. 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. To receive compensation under this Task Order Contract, the Contractor shall submit a quarterly online Immunization Program progress report, using the Immunization Progress FORMSITE link. This link will be accessible from the internet and will be sent to the Contractor. CDPHE will provide technical assistance in accessing and completing the form. The progress report is due within fifteen (15) calendar days of the end of the reporting period. This progress report shall document the Contractor's progress towards completion of the activities in accordance with the Statement of Work as referenced by Exhibit B in the Original Contract. Reporting period and progress report due dates are as follows. Progress Period January 1, 2013 —March 31, 2013 April 1, 2013 — June 30, 2013 July 1, 2013 - September 30, 2013 October 1, 2013 — December 3 1, 2013 Due Date April 15, 2013 July 15, 2013 October 15, 2013 January 15, 2014 Reimbursement under this Task Order Contract shall be made to the Contractor by the State in four (4) payments in accordance with the associated Budget attached hereto as Revised Exhibit C and incorporated herein Accordingly, the Contractor shall be paid one fourth (1/4) of the State's financial obligation under this Contract in March, June, September and December 2013. The final payment for this Contract is contingent upon the State's timely receipt of the annual Contract Reimbursement Certification form from the Contractor, as referenced by Attachment A-1 of the Original Contract. All Counties, Local Public Health Agencies and select intergovernmental Contractors will undergo a financial risk assessment conducted by the CDPHE Financial Risk Management System. Until such To be attached to CDPHE Task Order v1.0 (3/12) Page 1 oft Revised: 03/13/12 Revised EXHIBIT A As modified by Contract Amendment #1 Routing Number 13 FHA 54726 assessment is completed and the Contractor has been notified of the results, the Contractor shall provide the following documentation with the completed invoice. This supporting documentation shall be submitted with the completed CDPHE Reimbursement Invoice Form and sent to: Unless otherwise provided for in this Task Order Contract, "Local Match", if any, shall be included on all invoices as required by funding source. The Contractor shall not use federal funds to satisfy federal cost sharing and matching requirements unless approved in writing by the appropriate federal agency. Throughout the 2013 funding period, the CDPHE Immunization Program will conduct ongoing project monitoring and provide technical assistance, as needed. In the event that project performance does not meet the agency's stated goals, a follow-up work plan will be created and additional technical assistance will be provided. In an extreme situation, and in consultation with the agency, the CDPHE Immunization Program reserves the right to reduce or withhold quarterly payments due to poor project performance. 5. Time Limit For Acceptance Of Deliverables. a. Evaluation Period. The State shall have thirty (30) calendar days from the date a deliverable is delivered to the State by the Contractor to evaluate that deliverable, except for those deliverables that have a different time negotiated by the State and the Contractor. b. Notice of Defect. If the State believes in good faith that a deliverable fails to meet the design specifications for that particular deliverable, or is otherwise deficient, then the State shall notify the Contractor of the failure or deficiencies, in writing, within thirty (30) calendar days of: I) 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. 6. The State may increase or decrease funds available under this Contract using a Grant Funding Letter substantially equivalent to "Attachment A-2". The Grant Funding Letter is not valid until it has been approved by the State Controller or designee. To be attached to CDPHE Task Order v1.0 (3/12) Page 2 of 2 Revised: 03/13/12 ATTACHMENT A-2 GRANT FUNDING CHANGE LETTER Date: State Fiscal Year: TO: Insert Grantee's name Grant Funding Change Letter # CMS Routing # In accordance with Section of the Original Contract routing number , [insert the following language here if previous amendment(s), renewal(s) have been processed] as amended by [include all previous amendment(s), renewal(s) and theft routing numbers], [insert the following word here if previous amendment(s), renewal(s) have been processed] between the State of Colorado, Department of Public Health and Environment and Contractor's Name beginning Insert start date <insert start date of original contract> and ending on Insert ending date <insert ending date of current contract amendment>, the undersigned commits the following funds to the Grant: The amount of grant funds available and specified in Section of <insert contract amendment number and routing number> is ❑ increased or ❑ decreased by $amount of change to a new total funds available of $ <insert new cumulative total> for the following reason: . Section is hereby modified accordingly. This Grant Funding Change Letter does not constitute an order for services under this Grant. The effective date of hereof is upon approval of the State Controller or , whichever is later. I STATE OF COLORADO John W. Hickenlooper, GOVERNOR Department of Public Health and Environment PROGRAM APPROVAL: BY: By: Lisa Ellis, Purchasing & Contracts Unit Director Date: ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Grants. This Grant is not valid until signed and dated below by the State Controller or delegate. Grantee is not authorized to begin performance until such time. If Grantee begins performing prior thereto, the State of Colorado is not obligated to pay Grantee 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: 1/6109 -Rev 8/25/09 Revised EXHIBIT C As modified by Contract Amendment #1 Routing Number 13 FHA 54726 BUDGET To Amendment Dated 03/29/2013- Contract Routing Number 13 FHA 54726 The Budget is revised based upon additional state funding ($5,396.00) for Immunization Core Services activities. Original Budget Core Service Activities Federal Funds (January 1, 2013 -December 31,2013) $65,957 State Funds (January I, 2103 -June 30, 2013) $14,200 TOTAL AMOUNT: $81,157 Additional Funds Core Service Activities Federal Funds (January 1, 2013 -December 31,2013) $0 State Funds (January 1, 2103 -June 30, 2013) $5,396 TOTAL AMOUNT: $5,396 Total Amended Budget Core Service Activities Federal Funds (January 1, 2013 -December 31,2013) State Funds (January 1, 2103 -June 30, 2013) TOTAL AMOUNT: To be attached to CDPHE Task Order v1.0 (3/12) $65,957 $19,596 $85,553 Page I of 1 Revised: 03/13/12 Hello