HomeMy WebLinkAbout20131643.tiffRESOLUTION
RE: APPROVE CONTRACT FOR JAIL BASED BEHAVIORAL HEALTH SERVICES 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 a Contract for Jail Based Behavioral
Health Services between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Sheriff's Office, and the Colorado
Department of Human Services, Office of Behavioral Health, commencing July 1, 2013, and
ending June 30, 2014, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said contract, 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 the Contract for Jail Based Behavioral Health Services between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Sheriff's Office, and the Colorado Department of Human Services, Office
of Behavioral Health, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of July, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST
EXCUSED
o,u�,� Willi F. Garcia, Chair
Weld County Cle to the
BY: Co2eti
Attorney
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Date of signature: 7/(O
Douglas Rademacher, Pro-Tem
Sean P. Conway
Mike Freeman
arbara Kirkmeyer
2013-1643
SO0034
to. ®® ®®
WELD COUNTY SHERIFF'S OFFICE
sheriff John B. Cooke
From the Desk of: Sterling Geesaman, Bureau Chief
Offender Supervision Bureau
(970) 356-4015 Extension 3933
The Sheriff's Office is requesting to contract with the State of Colorado to acquire funds
to assist in providing screening, assessment and treatment for substance use disorders
and co-occurring substance use and mental health disorders to people who need such
services while they are in jail.
Background:
In May 2010, the Colorado General Assembly passed House Bill 10-1352 which lowered
the penalties for drug use and possession and directed expected savings to the Drug
Offender Treatment fund for substance abuse treatment of offenders.
In May 2012, the Drug Offender Treatment fund was consolidated into the Correctional
Treatment Cash Fund by passage of Senate Bill 12-163.
Section 18-19-103 (5) C.R.S. allowed the appointment of an interagency advisory body
called the Correctional Treatment Board to develop a plan for the allocation of the
moneys in the Correctional Treatment Cash Fund and facilitate the statutory
responsibilities and implementation of these funds.
The Office of Behavioral Health was appointed to support County Sheriff's in providing
services to people in custody and manage the funds for this project.
Goal:
The goal of the Jail Based Behavioral Health Services is to provide appropriate
behavioral health services to inmates while supporting continuity of care within the
community after release from incarceration. This approach should result in shorter jail
sentences and decreased recidivism through better identification and treatment of
behavioral health needs.
Requirements:
1. All funds must be used to provide behavioral health services for adults (18 yrs. of
age and older) with substance use disorders or co-occurring substance use and
mental health disorders.
The Sheriff's Office will use the funds to provide the services for adult
offenders housed at the Weld County Jail.
2. A partnership must be established with local community providers who are
currently licensed by the Office of Behavioral Health and who can provide
services within the jail and have the capacity to provide free or low cost services
in the community to inmates upon release.
The Sheriff's Office will partner with North Range Behavioral Health and
Interventions, Inc to provide services to inmates who meet the criteria
required while they are in custody. Both agencies have committed to
provide free or low cost services in the community upon an inmate's
release, thus enhancing continuity of care.
2013-1643
Weld County Sheriffs Office 1950 "O" Street Greeley, CO 80631 Phone (970) 356-4015 Fax (970) 304-6467
c WELD COUNTY SHERIFF'S OFFICE
Sheriff lofin 0. Cooke
From the Desk of: Sterling Geesaman, Bureau Chief
Offender Supervision Bureau
(970) 356-4015 Extension 3933
3. The program shall have two FTE's; a clinician position to offer screenings,
assessments and treatment in the jail; a case manager position dedicated to
transitional care and a seamless re-entry in treatment services in the community.
North Range Behavioral Health (NRBH) will provide 1 Master Counselor,
licensed therapist with a CAC background and/or credentialing, to conduct
screening, assessments and therapeutic interventions or treatment to
qualifying inmates, as well as cognitive structured groups to this inmate
population. This FTE will work together with the existing Jail Mental Health
Team enhancing our ability to screen, assess and provide treatment.
Upon an inmate's release from custody, the inmate will be an open client of
NRBH and services will be available without a time delay, assuring
continuity of care into the community.
Intervention, inc will provide 1 Case Manager to assist in addressing the
inmate needs as they transition from jail to the community upon
release. The Case Manager will also provide reentry groups to the inmate
population meeting criteria of this program. This FTE will work alongside
the existing Jail Mental Health Team, enhancing the current ability in
continuity of care and communication between the criminal justice system
and community providers.
The State of Colorado is proposing to award contracted funds to Weld County in the
amount of $106,187.00 for fiscal year beginning July1, 2013 through June 30, 2014.
The funding may be continued for an addition period of 3 one-year contracts upon the
agreement of the parties. Attached is copy of the proposed budget.
Weld County Sheriff's Office will be the fiduciary agent for the program. Contract
providers will bill the Sheriff's Office monthly for services. The Sheriff's Office will submit
an invoice to the State of Colorado for reimbursement monthly.
Weld County Sheriffs Office 1950 "O" Street Greeley, CO 80631 Phone (970) 356-4015 Fax (970) 304-6467
STATE OF COLORADO
Colorado Department of Huata Services
people who help people
OFFICE OF BEHAVIORAL HEALTH
Lisa M. Clements, Ph.D., Director
OFFICE OF BEHAVIORAL HEALTH
Lori Banks, LCSW, Interim Deputy Director
Community Programs
3824 West Princeton Circle
Denver, Colorado 80236
Phone 303-866-7400
Fax 303-866-7481,303-866-7428
June 3, 2013
Sheriff John Cooke
1950 O Street
Greeley, Colorado 80631
Dear Sheriff Cooke,
John W. Hickenlooper
Governor
Reggie Bicha
Executive Director
Please find enclosed three copies of the FY2013-2014 contract. Please sign all three copies and return
all three copies to me.
Also, please note that no work on these contracts can begin until the State Controller has signed the
contract. Thank you.
Respectfully,
Becca Lembke
Manager, Contracts and Finance
Our Mission is to Design and Deliver Quality Human Services that Improve the Safety and Independence of the People of Colorado
DEPARTMENT OF HUMAN SERVICES
ROUTING NO. 14 IID 5 5 0 6 0
CONTRACT
This contract is made and entered into by and between the named parties. In accordance
purposes stated herein, it is hereby agreed as follows:
STATE CONTRACTOR
State of Colorado for the use & benefit of the
Department of Human Services
Office of Behavioral Health
3824 West Princeton Circle
Denver, CO 80236
Weld County Sheriffs Office
1950 O Street
Greeley, Colorado 80631
CONTRACT MADE DATE:
05/31/2013
PO/SC ENCUMBRANCE NUMBER:
PO IIDDBHS1455060
CONTRACTOR'S ENTITY TYPE:
Government
CONTRACTOR'S STATE OF INCORPORATION:
TERM:
This contract shall be effective upon approval
by the State Controller, or designee, or on
07/01/2013, whichever is later. The contract
shall end on 06/30/2014.
BILLING STATEMENTS RECEIVED:
Monthly
STATUTORY AUTHORITY:
C.RS. § 27-80-106
PROCUREMENT METHOD:
Exempt
BID/ RFP/LIST PRICE AGREEMENT NUMBER:
Not Applicable
LAW SPECIFIED VENDOR STATUTE:
Not Applicable
CONTRACT PRICE NOT TO EXCEED:
$106,187.00
MAXIMUM AMOUNT AVM, 4BLE PER FISCAL YEAR:
FY 14: $106,187.00
PRICE STRUCTURE:
Cost Reimbursement
FUND SOURCE -NAME OF FEDERAL PROGRAM/GRANT AND FUNDS ID#
STATE REPRPSFNTATIVE:
Andrew Martinez
Office of Behavioral Health
3824 West Princeton Circle
Denver, CO 80236
CONTRACTOR REPRESENTATIVE:
John Cooke
Weld County Sheriffs Office
1950 O Street
Greeley, Colorado 80631
SCOPE OF WORK:
In accordance with the provisions of this contract and its exhibits and attachments, the Contractor shall:
Provide therapeutic interventions to treat alcoholism and illicit drug use disorders as well as mental illness related to
these addictions in the county jails.
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EXHIBITS:
The following exhibits are hereby incorporated:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Statement of Work
Budget
Miscellaneous Provisions
Sample Option Letter
Performance Measures
HIPAA
COORDINATION:
The State warrants that required approval, clearance and coordination has been accomplished from and
with appropriate agencies.
APPROVAL
In no event shall this contract be deemed valid until it shall have been approved by the State Controller or
his/her designee.
PROCUREMENT:
This contractor has been selected in accordance with the requirements of the Colorado
Procurement Code.
PRICE PROVISIONS:
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Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds,
encumbered for the purchase of the described services and/or deliverables. The liability of the State at
any time for such payments shall be limited to the encumbered amount remaining of such funds.
Authority exists in the laws and funds have been budgeted, appropriated and otherwise made available,
and a sufficient unencumbered balance thereof remains available for payment.
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted and otherwise made available.
The Contractor understands and agrees that the State shall not be liable for payment for work or
services or for costs or expenses incurred by the Contractor prior to the proper execution and State
Controller approval of this contract.
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GENERAL PROVISIONS
The following clauses apply to this contract:
A. Governmental Immunity/Limitation of Liability:
Notwithstanding anything herein to the contrary,
no term or condition of this contract shall be
construed or interpreted as a waiver, express or
implied, of any of the immunities, rights, benefits,
protection, or other provisions of the "Colorado
Governmental Immunity Act", C.R.S. §24-10-101,
et seg., as now or hereinafter amended. The parties
understand and agree that the liability of the State
for claims for injuries to persons or property
arising out of negligence of the State of Colorado,
its departments, institutions, agencies, boards,
officials and employees is controlled and limited
by the provisions of C.R.S. §24-10-101, et seq., as
now or hereafter amended and the risk
management statutes, C.R.S. §24-30-1501, et seq.,
as now or hereafter amended. Any liability of the
State created under any other provision of this
contract, whether or not incorporated herein by
reference, shall be controlled by, limited to, and
otherwise modified so as to conform with, the
above cited laws.
B. Federal Funds Contingency: Payment pursuant to
this contract, if in federal funds, whether in whole
or in part, is subject to and contingent upon the
continuing availability of federal funds for the
purposes hereof. In the event that said funds, or
any part thereof, become unavailable, as
determined by the State, the State may
immediately terminate this contract or amend it
accordingly.
C. Billing Procedures: The State shall establish billing
procedures and requirements for payment due the
Contractor in providing performance pursuant to this
contract. The Contractor shall comply with the
established billing procedures and requirements for
submission of billing statements. The State shall
comply with CRS 24-30-202(24) when paying
vendors upon receipt of a correct notice of the
amount due for goods or services provided
hereunder.
D. Exhibits- Interpretation: Unless otherwise stated, all
referenced exhibits are incorporated herein and made
a part of this contract. And, unless otherwise stated,
in the event of conflicts or inconsistencies between
this contract and its exhibits or attachments, such
conflicts shall be resolved by reference to the
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documents in the following order of priority: 1) the
Special Provisions of this contract shall always be
controlling over other provisions in the contract or
amendments; 2) the contract "cover" pages; 3) the
exhibits to this contract 4) the General Provisions
of this contract.
E. Notice and Representatives: For the purposes of this
contract, the representative for each party is as
designated herein. Any notice required or permitted
may be delivered in person or sent by registered or
certified mail, return receipt requested, to the party at
the address provided, and if sent by mail it is
effective when posted in a U.S. Mail Depository
with sufficient postage attached thereto. Notice of
change of address or change or representative shall
be treated as any other notice.
F. Contractor Representations:
I. Licenses and Certifications: The Contractor
certifies that, at the time of entering into this
contract, it and its agents have currently in
effect all necessary licenses, certifications,
approvals, insurance, etc. required to properly
provide the services and/or supplies covered
by this contract in the state of Colorado. Proof
of such licenses, certifications, approvals,
insurance, etc. shall be provided upon the
State's request. Any revocation, withdrawal or
nonrenewal of necessary license, certification,
approval, insurance, etc. required for the
Contractor to properly perform this contract,
shall be grounds for termination of this
contract by the State.
2. Qualification: Contractor certifies that it is
qualified to perform such services or provide
such deliverables as delineated in this contract.
3. Exclusion. Debarment and/or Suspension:
Contractor represents and warrants that
Contractor, or its employees or authorized
subcontractors, are not presently excluded from
participation, debarred, suspended, proposed for
debarment, declared ineligible, voluntarily
excluded, or otherwise ineligible to participate
in a "federal health care program" as defined in
42 U.S.C. § 1320a-7b(f) or in any other
government payment program by any federal or
State of Colorado department or agency. In the
event Contractor, or one of its employees or
authorized subcontractors, is excluded from
participation, or becomes otherwise ineligible to
participate in any such program during the
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Term, Contractor will notify the State in writing
within three (3) days after such event. Upon the
occurrence of such event, whether or not such
notice is given to Contractor, the State reserves
the right to immediately cease contracting with
Contractor.
4. Work Performed Outside the United States or
Colorado, pursuant to C.R.S. §24-102-206: The
Contractor certifies all work performed under
this Contract, including any subcontracts, is
anticipated to be and will be performed within
the United States or Colorado, unless otherwise
specified in the Statement of Work. If work
under this Contract is anticipated to be or will
be performed outside the United States or
Colorado, the countries and/or states where
work will be performed, and the reasons it is
necessary or advantageous to go outside the
United States or Colorado to perform the work
are also specified in the Statement of Work.
G. Legal Authority: The Contractor warrants that it
possesses the legal authority to enter into this
contract and that it has taken all actions required
by its procedures, by-laws, and/or applicable law
to exercise that authority, and to lawfully authorize
its undersigned signatory to execute this contract
and bind the Contractor to its terms. The person(s)
executing this contract on behalf of the Contractor
warrant(s) that such person(s) have full
authorization to execute this contract.
H. Indemnification: Contractor shall indemnify,
save, and hold harmless the State, its employees
and agents, against any and all claims, damages,
liability and court awards including costs,
expenses, and attorney fees and related costs,
incurred as a result of any act or omission by
Contractor, or its employees, agents,
subcontractors, or assignees pursuant to the terms
of this contract.
[Applicable Only to Intergovernmental
Contracts] No term or condition of this contract
shall be construed or interpreted as a waiver,
express or implied, of any of the immunities,
rights, benefits, protection, or other provisions, of
the Colorado Governmental Immunity Act, CRS
§24-10-101 et seq., or the Federal Tort Claims
Act, 28 U.S.C. 2671 et seq., as applicable, as now
or hereafter amended.
I. Insurance: Contractor and its Subcontractors shall
obtain and maintain insurance as specified in this
section at all times during the term of this
Contract. All policies evidencing the insurance
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coverage required hereunder shall be issued by
insurance companies satisfactory to Contractor and
the State.
1. Contractor
a. Public Entities: If Contractor is a "public
entity" within the meaning of the Colorado
Governmental Immunity Act, CRS §24-10-
101, et seq., as amended (the "GIA"), then
Contractor shall maintain at all times during
the term of this Contract such liability
insurance, by commercial policy or self-
insurance, as is necessary to meet its
liabilities under the GIA. Contractor shall
show proof of such insurance satisfactory to
the State, if requested by the State.
Contractor shall require each contract with a
Subcontractor that is a public entity, to
include the insurance requirements
necessary to meet such Subcontractor's
liabilities under the GIA.
b. Non -Public Entities: If Contractor is not a
"public entity" within the meaning of the
GIA, Contractor shall obtain and maintain
during the term of this Contract insurance
coverage and policies meeting the same
requirements set forth in provision 1.2
below with respect to Subcontractors that
are not "public entities".
2. Contractors —Subcontractors
Contractor shall require each contract with
Subcontractors other than those that are public
entities, providing Goods or Services in
connection with this Contract, to include
insurance requirements substantially similar to
the following:
a. Worker's Compensation: Worker's
Compensation Insurance as required by
State statute, and Employer's Liability
Insurance covering all of Contractor or
Subcontractor employees acting within the
course and scope of their employment.
b. General Liability: Commercial General
Liability Insurance written on ISO
occurrence form CG 00 01 10/93 or
equivalent, covering premises operations,
fire damage, independent contractors,
products and completed operations, blanket
contractual liability, personal injury, and
advertising liability with minimum limits as
follows:
(a) $1,000,000 each occurrence;
(b) $1,000,000 general aggregate;
(c) $1,000,000 products and completed
operations aggregate; and
(d) $50,000 any one fire.
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If any aggregate limit is reduced below
$1,000,000 because of claims made or paid,
Subcontractor shall immediately obtain
additional insurance to restore the full
aggregate limit and furnish to Contractor a
certificate or other document satisfactory to
Contractor showing compliance with this
provision.
c. Automobile Liability: Automobile Liability
Insurance covering any auto (including
owned, hired and non -owned autos) with a
minimum limit of $1,000,000 each accident
combined single limit.
d. Professional Liability: Professional liability
insurance with minimum limits of liability
of not less than $1,000,000, unless waived
by the State.
e. Privacy Insurance
If this Contract includes a HIPAA Business
Associates Addendum exhibit, Contractor
shall obtain and maintain during the teen of
this Contract liability insurance covering all
loss of Protected Health Information data
and claims based upon alleged violations of
privacy rights through improper use or
disclosure of Protected Health Information
with a minimum annual limit of $1,000,000.
f Additional Insured: The State shall be
named as additional insured on all
Commercial General Liability and
Automobile Liability Insurance policies
(leases and construction contracts require
additional insured coverage for completed
operations on endorsements CG 2010
11/85, CG 2037, or equivalent) required of
Contractor and any Subcontractors
hereunder.
g. Primacy of Coverage: Coverage required of
Contractor and Subcontractor shall be
primary over any insurance or self-
insurance program canied by Contractor or
the State.
h. Cancellation: The above insurance policies
shall include provisions preventing
cancellation or non -renewal without at least
30 days prior notice to Contractor and
Contractor shall forward such notice to the
State in accordance with provision E.
Notice and Representatives within seven
days of Contractor's receipt of such notice.
i. Subrogation Waiver: All insurance policies
in any way related to this Contract and
secured and maintained by Contractor or its
Subcontractors as required herein shall
include clauses stating that each carrier
shall waive all rights of recovery, under
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subrogation or otherwise, against Contractor
or the State, its agencies, institutions,
organizations, officers, agents, employees,
and volunteers.
3. Certificates: Contractor and all Subcontractors
shall provide certificates showing insurance
coverage required hereunder to the State within
seven business days of the Effective Date of this
Contract. No later than 15 days prior to the
expiration date of any such coverage, Contractor
and each Subcontractor shall deliver to the State
or Contractor certificates of insurance
evidencing renewals thereof. In addition, upon
request by the State at any other time during the
term of this Contract or any subcontract,
Contractor and each Subcontractor shall, within
10 days of such request, supply to the State
evidence satisfactory to the State of compliance
with the provisions of this provision I.
J. Disaster Planning and Pandemic Outbreaks: The
State may require the Contractor to submit a
Disaster Response Plan (Plan) to ensure the
delivery hereunder of essential government
services during a disaster, declared emergency,
and/or pandemic outbreak. The Plan would take
precedence over and nullify any contractual
provision relating to force majeure or "Acts of
God" Accordingly, should the work performed by
the Contractor under this contract include the
provision of any essential government services, the
State may request a Plan from the Contractor, and,
upon such request, the Contractor shall forthwith
submit a Plan, and the Contractor shall be bound to
perform hereunder in accordance therewith.
K. Rights in Data. Documents and Computer
Software or Other Intellectual Property:
All intellectual property including without
limitation, databases, software, documents,
research, programs and codes, as well as all,
reports, studies, data, photographs, negatives or
other documents, drawings or materials prepared
by the contractor in the performance of its
obligations under this contract shall be the
exclusive property of the State. Unless otherwise
stated, all such materials shall be delivered to the
State by the contractor upon completion,
termination, or cancellation of this contract.
Contractor shall not use, willingly allow or cause
to have such materials used for any purpose other
than the performance of the contractor's
obligations under this contract without a prior
written consent of the State. All documentation,
accompanying the intellectual property or
otherwise, shall comply with the State
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requirements which include but is not limited to all
documentation being in a paper, human readable
format which is useable by one who is reasonably
proficient in the given subject area.
L. Proprietary Information: Proprietary information for
the purpose of this contract is information relating to
a party's research, development, trade secrets,
business affairs, internal operations and management
procedures and those of its customers, clients or
affiliates, but does not include information lawfully
obtained by third parties, which is in the public
domain, or which is developed independently.
Neither party shall use or disclose directly or
indirectly without prior written authorization any
proprietary information concerning the other party
obtained as a result of this contract. Any proprietary
information removed from the State's site by the
Contractor in the course of providing services under
this contract will be accorded at least the same
precautions as are employed by the Contractor for
similar information in the course of its own business.
M. Records Maintenance, Performance Monitorinu &
Audits: The Contractor shall maintain a complete
file of all records, documents, communications,
and other materialsthat pertain to the operation of
the program/project or the delivery of services
under this contract. Such files shall be sufficient to
properly reflect all direct and indirect costs of
labor, materials, equipment, supplies and services,
and other costs of whatever nature for which a
contract payment was made. These records shall
be maintained according to generally accepted
accounting principles and shall be easily separable
from other Contractor records.
The Contractor shall protect the confidentiality of
all records and other materials containing
personally identifying information that are
maintained in accordance with this contract.
Except as provided by law, no information in
possession of the Contractor about any individual
constituent shall be disclosed in a form including
identifying information without the prior written
consent of the person in interest, a minor's parent,
guardian, or the State. The Contractor shall have
written policies governing access to, duplication
and dissemination of, all such information and
advise its agents, if any, that they are subject to
these confidentiality requirements. The Contractor
shall provide its agents, if any, with a copy or
written explanation of these confidentiality
requirements before access to confidential data is
permitted.
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The Contractor authorizes the State, the federal
government or their designee, to perform audits
and/or inspections of its records, at any reasonable
time, to assure compliance with the state or federal
government's terms and/or to evaluate the
Contractor's performance. Any amounts the State
paid improperly shall be immediately returned to
the State or may be recovered in accordance with
other remedies.
All such records, documents, communications, and
other materials shall be the property of the State
unless otherwise specified herein and shall be
maintained by the Contractor, for a period of three
(3) years from the date of final payment or
submission of the final federal expenditure report
under this contract, unless the State requests that
the records be retained for a longer period, or until
an audit has been completed with the following
qualification. If an audit by or on behalf of the
federal and/or state government has begun but is
not completed at the end of the three (3) year
period, or if audit findings have not been resolved
after a three (3) year period, the materials shall be
retained until the resolution of the audit findings.
The Contractor shall permit the State, any other
governmental agency authorized by law, or an
authorized designee thereof, in its sole discretion,
to monitor all activities conducted by the
Contractor pursuant to the terms of this contract.
Monitoring may consist of internal evaluation
procedures, reexamination of program data, special
analyses, on -site verification, formal audit
examinations, or any other procedures as deemed
reasonable and relevant. All such monitoring shall
be performed in a manner that will not unduly
interfere with contract work.
N. Taxes: The State, as purchaser, is exempt from all
federal excise taxes under Chapter 32 of the
Internal Revenue Code [No. 84-730123K] and
from all state and local government use taxes
[C.R.S. §39- 26-114(a) and 203, as amended]. The
contractor is hereby notified that when materials
are purchased for the benefit of the State, such
exemptions apply except that in certain political
subdivisions the vendor may be required to pay
sales or use taxes even though the ultimate product
or service is provided to the State. These sales or
use taxes will not be reimbursed by the State.
O. Conflict of Interest: During the term of this
contract, the Contractor shall not engage in any
business or personal activities or practices or
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maintain any relationships which conflict in any
way with the Contractor fully performing his/her
obligations under this contract.
Additionally, the Contractor acknowledges that, in
governmental contracting, even the appearance of
a conflict of interest is harmful to the interests of
the State. Thus, the Contractor agrees to refrain
from any practices, activities or relationships
which could reasonably be considered to be in
conflict with the Contractor's fully performing
his/her obligations to the State under the terms of
this contract, without the prior written approval of
the State.
In the event that the Contractor is uncertain
whether the appearance of a conflict of interest
may reasonably exist, the Contractor shall submit
to the State a full disclosure statement setting forth
the relevant details for the State's consideration
and direction. Failure to promptly submit a
disclosure statement or to follow the State's
direction in regard to the apparent conflict shall be
grounds for termination of the contract.
Further, the Contractor shall maintain a written
code of standards governing the performance of its
agent(s) engaged in the award and administration
of contracts. Neither the Contractor nor its
agent(s) shall participate in the selection, or in the
award or administration of a contract or
subcontract supported by Federal funds if a
conflict of interest, real or apparent, would be
involved. Such a conflict would arise when:
1. The employee, officer or agent;
2. Any member of the employee's immediate
family;
3. The employee's partner; or
4. An organization which employees, or is about
to employ, any of the above,
has a financial or other interest in the firm selected
for award. Neither the Contractor nor its agent(s)
will solicit nor accept gratuities, favors, or
anything of monetary value from Contractor's
potential contractors, or parties to subagreements.
P. Conformance with Law: 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:
• Age Discrimination Act of 1975, 42 U.S.C.
Section 6101 et seq. and its implementing
regulation, 45 C.F.R. Part 91;
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Age Discrimination in Employment Act of
1967, 29 U.S.C. 621 et sew
Americans with Disabilities Act of 1990
(ADA), 42 U.S.C. 12101 et .
The Drug Free Workplace Act of 1988, 41
U.S.C. 701 et seq.•
Equal Pay Act of 1963, 29 U.S.C. 206;
Health Insurance Portability and
Accountability Act of 1996, 42 U.S.C.
§ 1320d et seq. and implementing regulations,
45 C.F.R. Parts 160 and 164;
Immigration Reform and Control Act of 1986, 8
U.S.C. 1324b;
• Pro -Children Act of 1994, 20 U.S.C. 6081 et
seg.;
• Section 504 of the Rehabilitation Act of 1973,
29 U.S.C. 794, as amended, and implementing
regulation 45 C.F.R. Part 84;
Titles VI & VII of the Civil Rights Act of 1964,
42 U.S.C. 2000(d) & (e);
The Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, 42
USC 604a, PL 104-193. See also State
Executive Order D 015 00;
Title IX of the Education Amendments of 1972,
20 U.S.C. 1681 et seq.•
The Uniform Administrative Requirements for
Grants and Cooperative Agreements to State
and Local Governments (Common Rule), at 45
CFR, Part 92;
The Uniform Administrative Requirements for
Awards and Subawards to Institutions of Higher
Education, Hospitals, Other Non -Profit
Organizations, and Commercial Organizations
(Common Rule), at 2 CFR 215;
Office of Management and Budget Circulars A-
87, A-21 or A-122, and A-102 or A-110,
whichever is applicable.
The Hatch Act (5 USC 1501-1508) and Civil
Service Reform Act, Public Law 95-454
Section 4728.
Departments of Labor, Health and Human
Services, and Education and Related Agencies
Appropriations Act, 1990, PL 101-166, Section
511.
45 CFR Subtitle A, Department of Health and
Human Services regulations.
The Single Audit Act Amendments of 1996, 31
USC 7501, Public Law 104-156, OMB Circular
A-133, and 45 CRF 74.26.
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
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reporting requirements required thereunder.
This Act is also referred to as FFATA.
The American Recovery and Reinvestment
Act of 2009 (Public Law 111-5), including
without limitation all data reporting
requirements required thereunder. This Act is
also referred to as ARRA.
Q. Restrictions on Public Benefits: Pursuant to House
Bill 06S-1023, as codified at C.R.S. § 24-76.5-101 et
seq., except as otherwise provided therein or where
exempt by federal law, the State is required to verify
the lawful presence in the United States of each
natural person 18 years of age or older who applies
for state or local public benefits or for federal public
benefits for the applicant. Accordingly, should the
work performed by the Contractor under this
contract include the provision of any of said benefits
to any natural person 18 years of age or older who
applies therefore for the applicant, the Contractor
shall follow the requirements of said law in the
provision of said benefits as if it were the State. The
State will provide the Contractor with specific
instruction on the identification documentation
required and the process to be followed by the
Contractor to properly comply with the law if the
work done under this contract is subject to these
requirements.
R. Statewide Contract Management System:
1. When Applicable. If the maximum amount
payable to Contractor under this Contract is
$100,000 or greater, either on the Effective
Date or at anytime thereafter, this provision
applies.
2. Governing State Statutes. 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.
3. Performance Evaluation and Review.
Contractor's performance shall be subject to
Evaluation and Review in accordance with the
terms and conditions of this Contract, State
law (including without limitation CRS §24-
103.5-101), and State Fiscal Rules, Policies
and Guidance. Evaluation and Review 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
Evaluation and Review shall include without
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limitation quality, cost and timeliness.
Collection of information relevant to the
performance of Contractor's obligations under
this Contract shall be determined by the
specific requirements of such obligations and
shall include factors tailored to match the
requirements of Contractor's obligations
hereunder. Such performance information
shall be entered into the statewide Contract
Management System at intervals during the
term hereof determined appropriate by the
State, and a final Evaluation, Review and
Rating shall be rendered by the State within
30 days of the end of the Contract term.
Contractor shall be notified following each
performance Evaluation and Review, and shall
address or correct any identified problem in a
timely manner and maintain work progress.
4. Gross Failure to Meet Performance Measures.
Should the final performance Evaluation and
Review determine that Contractor
demonstrated a gross failure to meet the
performance measures established hereunder,
the Executive Director of the Colorado
Department of Personnel and Administration
(Executive Director), upon request by the
Department of Human Services, for good
cause shown, may debar Contractor and
prohibit Contractor from bidding on future
contracts. Contractor may contest the final
Evaluation and Review and Rating by: (a)
filing rebuttal statement(s), which may result
in either removal or correction of the
evaluation (CRS §24-105-102(6)), or (b)
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.
5. CORA Disclosure: To the extent not
prohibited by federal law, this Contract and
the performance measures and standards
under CRS §24-103.5-101 are subject to
public release through the Colorado Open
Records Act, CRS §24-72-101, et seq.
S. Performance Ratings and Guidelines:
The Contractor will be given a Final Contractor
Performance Evaluation at the end of the contract
term in accordance with C.R.S. §24-102-205(6)
and General Provision R. above. The list of
available Performance Ratings, along with
guidelines for what final rating will be given, are
as follows:
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1. Above Standard: This rating may be given
where Contractor consistently performs in a
manner that exceeds the requirements of this
Contract, and where such performance is
measurable against objective factors
specifically identified for use in achieving the
purposes of this provision. If applicable to
work performed under this Contract, the
objective factors and performance required to
merit an "Above Standard" rating are
specified in a so dedicated Exhibit to this
Contract, which may be included herein from
the start of the contract or subsequently be
added by formal contract amendment at any
time before the end of the contract term. If
there is no such dedicated Exhibit included or
subsequently added herein, this rating is
unavailable.
2. Standard: This rating will be given where: I.)
Contractor's performance hereunder meets the
requirements of this Contract in areas of
quality, cost, and timeliness; 2.) Contractor's
work is accepted by the State; and 3.) full
payment hereunder is made to Contractor for
such performance.
3. Below Standard: This rating may be given
where Contractor materially fails to perform
the requirements of this Contract and such
failure results in' the State's invocation of
contract remedies and/or contract termination
in accordance with General Provision X.
below.
T. Discrimination: The Contractor during the
performance of this contract shall:
1. not discriminate against any person on the basis
of race, color, national origin, age, sex, religion
and handicap, including Acquired Immune
Deficiency Syndrome (AIDS) or AIDS related
conditions.
2. not exclude from participation in, or deny
benefits to any qualified individual with a
disability, by reason of such disability.
Any person who thinks he/she has been
discriminated against as related to the performance
of this contract has the right to assert a claim,
Colorado Civil Rights Division, C.R.S. §24-34-
302, et seq.
U. Criminal Background Check: Pursuant to C.R.S.
§27-90-111 and Department of Human Services
Policy VI -2.4, any independent contractor, and its
agent(s), who is designated by the Executive
Director or the Executive Director's designee to be
a contracting employee under C.R.S. §27-90-111,
who has direct contact with vulnerable persons in a
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state -operated facility, or who provides state -
funded services that involve direct contact with
vulnerable persons in the vulnerable person's home
or residence, shall:
1. submit to a criminal background check, and
2. report any arrests, charges, or summonses for
any disqualifying offense as specified by
C.R.S. §27-90-111 to the State.
Any Contractor or its agent(s), who does not
comply with C.R.S. §27-90-111 and DHS Policy
VI -2.4, may, at the sole discretion of the State, be
suspended or terminated.
V. Litigation: The Contractor shall within five (5)
calendar days after being served with a summons,
complaint, or other pleading which has been filed
in any federal or state court or administrative
agency notify the State that it is a party defendant
in a case which involves services provided under
this contract. The Contractor shall deliver copies
of such document(s) to the State's Executive
Director. The term "litigation" includes an
assignment for the benefit of creditors, and filings
in bankruptcy, reorganization and/or foreclosure.
W. Disputes: Except as herein specifically provided
otherwise, disputes concerning the performance of
this contract which cannot be resolved by the
designated contract representatives shall be
referred in writing to a senior departmental
management staff designated by the department
and a senior manager designated by the
Contractor. Failing resolution at that level,
disputes shall be presented in writing to the
Executive Director and the Contractor's chief
executive officer for resolution. This process is
not intended to supersede any other process for the
resolution of controversies provided by law.
X. Remedies: Acceptance is dependent upon
completion of all applicable inspection procedures.
The State reserves the right to inspect the goods
and/or services provided under this contract at all
reasonable times and places. The Executive
Director of the State or her/his designee may
exercise the following remedial actions should s/he
find the Contractor substantially failed to satisfy
the scope of work found in this contract.
Substantial failure to satisfy the scope of work
shall be defined to mean substantially insufficient,
incorrect or improper activities or inaction by the
Contractor. Without limitation, the State has the
right to:
1. withhold payment until performance is cured,
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2. require the vendor to take necessary action to
ensure that the future performance conforms
to contract requirements,
3. request removal of a Contractor's agent from
contract work,
4. equitably reduce the payment due the vendor
to reflect the reduced value of the services
performed,
5. recover payment for work that due to the
Contractor cannot be performed or would be
of no value to the State,
6. modify or recover payments (from payments
under this contract or other contracts between
the State and the vendor as a debt due to the
State) to correct an error due to omission,
error, fraud and/or defalcation,
7. terminate the contract.
These remedies in no way limit the remedies
available to the State in the termination provisions of
this contract, or remedies otherwise available at law.
Y. Termination:
1. Termination for Default: The State may
terminate the contract for cause. If the State
terminates the contract for cause, it will first
give ten (10) days prior written notice to the
Contractor, stating the reasons for
cancellation, procedures to correct problems,
if any, and the date the contract will be
terminated in the event problems have not
been corrected. In the event this contract is
terminated for cause, the State will only
reimburse the Contractor for accepted work or
deliverables received up to the date of
termination. In the event this contract is
terminated for cause, final payment to the
Contractor may be withheld at the discretion
of the State until completion of final audit.
Notwithstanding the above, the Contractor
may be liable to the State for the State's
damages. If it is determined that the
Contractor was not in default then such
termination shall be treated as a termination
for convenience as described herein.
2. Termination for Convenience: The State shall
have the right to terminate this contract by
giving the Contractor at least twenty (20) days
prior written notice. If notice is so given, this
contract shall terminate on the expiration of
the specified time period, and the liability of
the parties hereunder for further performance
of the terms of this contract shall thereupon
cease, but the parties shall not be released
from the duty to perform their obligations up
to the date of termination.
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3. Immediate Termination: This contract is
subject to immediate termination by the State
in the event that the State determines that the
health, safety, or welfare of persons receiving
services may be in jeopardy. Additionally, the
State may immediately terminate this contract
upon verifying that the Contractor has
engaged in or is about to participate in
fraudulent or other illegal acts.
4. Termination for Financial Exinencv: The State
shall have the right to terminate this contract
for financial exigency by giving the
Contractor at least thirty (30) days prior
written notice. For the purposes of this
provision, a financial exigency shall be a
determination made by the Colorado
legislature or its Joint Budget Committee that
the financial circumstances of the State are
such that it is in the best interest of the State to
terminate this contract. If notice of such
termination is so given, this contract shall
terminate on the expiration of the time period
specified in the notice, and the liability of the
parties hereunder for further performance of
the terms of this contract shall thereupon
cease, but the parties shall not be released
from the duty to perform their obligations up
to the date of termination.
In the event that the State terminates this
contract under the Termination for
Convenience or Termination for Financial
Exigency provisions, the Contractor is entitled
to submit a termination claim within ten (10)
days of the effective date of termination. The
termination claim shall address and the State
shall consider paying the following costs:
a. the contract price for performance of
work, which is accepted by the State, up
to the effective date of the termination.
b. reasonable and necessary costs incurred
in preparing to perform the terminated
portion of the contract
c. reasonable profit on the completed but
undelivered work up to the date of
termination
d. the costs of settling claims arising out of
the termination of subcontracts or orders,
not to exceed 30 days pay for each
subcontractor
e. reasonable accounting, legal, clerical, and
other costs arising out of the termination
settlement.
In no event shall reimbursement under this
clause exceed the contract amount reduced by
Revised 04/10/12
amounts previously paid by the State to the
Contractor.
Z. Venue: The parties agree that venue for any action
related to performance of this contract shall be in the
City and County of Denver, Colorado.
AA. Understanding of the Parties:
1. Complete Understanding: This contract is
intended as the complete integration of all
understandings between the parties. No prior
or contemporaneous addition, deletion, or
other amendment hereto shall have any force
or effect whatsoever, unless embodied herein
in writing. No subsequent novation, renewal,
addition, deletion, or other amendment hereto
shall have any force or effect unless embodied
in a written contract executed and approved
pursuant to the State Fiscal Rules. Descriptive
headings as used herein are for convenience
and shall not control or affect the meaning or
construction of any provision of this contract.
2. Severability: To the extent that this contract
may be executed and performance of the
obligations of the parties may be
accomplished within the intent of the contract,
the terms of this contract are severable, and
should any term or provision hereof be
declared invalid or become inoperative for any
reason, such invalidity or failure shall not
affect the validity of any other term or
provision hereof.
3. Benefit and Right of Action: Except as herein
specifically provided otherwise, it is expressly
understood and agreed that this contract shall
inure to the benefit of and be binding upon the
parties hereto and their respective successors
and assigns. All rights of action relating to
enforcement of the terms and conditions shall
be strictly reserved to the State and the named
Contractor. Nothing contained in this
agreement shall give or allow any claim or
right of action whatsoever by any other third
person. It is the express intention of the State
and the Contractor that any such person or
entity, other than the State or the Contractor,
receiving services or benefits under this
agreement shall be deemed an incidental
beneficiary only.
4. Waiver: The waiver of any breach of a teen
hereof shall not be construed as a waiver of
any other term, or the same term upon
subsequent breach.
5. Survival: The State and the Contractor's
obligations under this contract shall survive
following termination or expiration to the extent
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necessary to give effect to the intent and
understanding of the parties.
6. Subcontracting: Except as herein specifically
provided otherwise, the duties and obligations
of the Contractor arising hereunder cannot be
assigned, delegated, subgranted or
subcontracted except with the express prior
written consent of the State. The subgrants
and subcontracts permitted by the State shall
be subject to the requirements of this contract.
The Contractor is responsible for all
subcontracting arrangements, delivery of
services, and performance of any subgrantor
or subcontractor. The Contractor warrants and
agrees that any subgrant or subcontract,
resulting from its performance under the terms
and conditions of this contract, shall include a
provision that the said subgrantor or
subcontractor shall abide by the terms and
conditions hereof. Also, the Contractor
warrants and agrees that all subgrants or
subcontracts shall include a provision that the
subgrantor or subcontractor shall indemnify
and hold harmless the State. The subgrantors
or subcontractors must be certified to work on
any equipment for which their services are
obtained.
BB. Holdover: In the event that the State desires to
continue the services provided for in this Contract
and a replacement contract has not been fully
executed by the expiration date of the Contract,
this Contract may be extended unilaterally by the
State for a period of up to two (2) months upon
written notice to the Contractor under the same
terms and conditions of the original Contract
including, but not limited to, prices, rates, and
service delivery requirements. However, this
extension terminates when the replacement
contract becomes effective when signed by the
State Controller or an authorized delegate.
CC. Health Insurance Portability & Accountability Act
of 1996 ("HIPAA"). Federal law and regulations
governing the privacy of certain health information
requires a "Business Associate Contract" between
the State and the Contractor. 45 C.F.R. Section
I64.504(e). If applicable to this Contract, attached
and incorporated herein by reference and agreed to
by the parties is a HIPAA Business Associate
Addendum for HIPAA compliance. Terms of the
Addendum shall be considered binding upon
execution of this contract and shall remain in
effect during the term of the contract including any
extensions.
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DD. Colorado Department of Human Services (CDHS)
Fraud Policy. The CDHS Fraud Policy addresses
the need for effective and consistent measures for
preventing, detecting, and deterring fraud. The
relevant parties discussed in the policy include
CDHS employees, CDHS management, CDHS
appointees, and community partners, including
contractors, grantees, vendors, and other sub -
recipients. CDHS employees, clients, and
community partners will all benefit from an
effective fraud prevention, detection, and
deterrence policy because fraud can damage the
reputation and public trust of CDHS.
All appointees and employees of the CDHS must
comply with the standards of conduct set forth in
Title 24, Article 18 of the Colorado Revised
Statutes, known as the Code of Ethics, including
exposing corruption or impropriety in government,
whenever discovered. The CDHS Fraud Policy
outlines how the CDHS employees and
community partners should report fraud and how
fraud will be investigated once it is reported.
The full text of the CDHS Fraud Policy, which
Contractor hereby agrees to be subject to and abide
by, can be found on the CDHS Fraud Policy and
Training web page at:
http://www. colorado.gov/es/Satellite/CDHS-
Em n/C B ON/ 1251610724004.
EE. C-Stat - Performance Based Program Analysis and
Management Strategy (C-Stat Strategy): For the
sole purpose of providing support to the State's
internal C-Stat Strategy, the parties understand and
agree that upon request from the State, and without
any additional cost to the State, the Contractor
shall collect, maintain, and provide to the State
certain contract performance data determined by
the State during the term hereof to assist the State
to measure and assess the programmatic
effectiveness of the Contractor's performance
hereunder, all in support of the State's internal
continuous quality improvement working towards
positive outcomes and managing its performance
for the betterment of all Colorado residents.
The parties understand and agree that the exercise
of the requirements of this provision shall not be
used by the State to effect unilateral changes to the
performance requirements of the Contractor
hereunder.
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These Special Provisions apply to all contracts except where noted in italics.
1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been
approved by the Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS §24-30-202(5.5). 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.
3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted
as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the
Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C.
§§1346(b) and 2671 et seq., as applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent
contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed
to be an agent or employee of the State. Contractor and its employees and agents are not entitled to
unemployment insurance or workers compensation benefits through the State and the State shall not pay for or
otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance
benefits will be available to Contractor and its employees and agents only if such coverage is made available by
Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and
local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or implied, to
bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall
(a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts
required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts
and those of its employees and agents.
5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws,
rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this contract. Any provision included or incorporated herein by
reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision
incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part
shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or
otherwise. My provision rendered null and void by the operation of this provision shall not invalidate the
remainder of this contract, to the extent capable of execution.
7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration
by any extra judicial body or person. Any provision to the contrary in this contact or incorporated herein by
reference shall be null and void.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public
funds payable under this contract shall not be used for the acquisition, operation, or maintenance of computer
software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies
and warrants that, during the term of this contract and any extensions, Contractor has and shall maintain in place
appropriate systems and controls to prevent such improper use of public funds. If the State determines that
Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or
under this contract, including, without limitation, immediate termination of this contract and any remedy
consistent with federal copyright laws or applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-
507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial
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interest whatsoever in the service or property described in this contract. Contractor has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of
Contractor's services and Contractor shall not employ any person having such known interests.
10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to intergovernmental
agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State's
vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child
support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et
seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts
required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a
result of final agency determination or judicial action.
11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating
to the offer, issuance, or sale of securities, investment advisory services or fund management services,
sponsored projects, intergovernmental agreements, or information technology services or products and
services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an
illegal alien who will perform work under this contract and will confirm the employment eligibility of all
employees who are newly hired for employment in the United States to perform work under this contract
through participation in the E -Verify Program or the Department program established pursuant to CRS §8-
17.5-102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work
under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this
contract. Contractor (a) shall not use E -Verify Program or Department program procedures to undertake pre-
employment screening of job applicants while this contract is being performed, (b) shall notify the
subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a
subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall
terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien
within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of
an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and
Employment. If Contractor participates in the Department program, Contractor shall deliver to the
contracting State agency, Institution of Higher Education or political subdivision a written, notarized
affirmation, affirming that Contractor has examined the legal work status of such employee, and shall
comply with all of the other requirements of the Department program. If Contractor fails to comply with any
requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of higher
education or political subdivision may terminate this contract for breach and, if so terminated, Contractor
shall be liable for damages.
12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural
person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she
(a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply
with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by
CRS §24-76.5-103 prior to the effective date of this contract.
Revised 1-1-09
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Division of Contract Management
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oSoo t met al Sign^.tune Page -Rev 08(1S23
Contract Routing Number 14 III) 55060
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
M 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.
By: Jo
Title: Sh
CONTRACTOR
Weld County Sheriff's Office
Cooke
'ff
Date:
7-! )
STATE OF COLORADO
John W. Hickenlooper, GOVERNOR
Department of Human Servi
Reggie Bicha, Executive
y: Andrew Martinez
Community Programs CFO, Office of Behavib l Health
Date: Z-'2---- ('3
2nd Contractor Signature if Needed
BY: Douglas Rademacher
Title: Weld County Commissioner, Chair , Pro-tem
(fit 1 119 S * Signature
Date:
JUL 0 12013
LEGAL REVIEW
John W. Suthers, Attorney General
By:
Signature - Assistant Attorney General
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.
Page 16 of 16
Revised 04/10/12
For Contract Wizard Version 3.15
Colorado Department of Human Services
Division of Contract Management
Exhibit A
Statement of Work
Weld County Sheriff's Office
A. Ability
1. Demonstrate partnership with OBH-licensed substance use disorder treatment provider(s)
to deliver appropriate behavioral health care to inmates;
The Weld County Sherriff s Office (WCSO) will be partnering with North Range
Behavioral Health (NRBH) and Intervention, Inc. to deliver behavioral health services to
inmates in the Weld County Jail (WCJ). NRBH is licensed by the Office of Behavioral
Health (OBH) to provide substance use and mental health services.
2. Demonstrate capacity for community based treatment to continue with the same provider
within that community following release;
NRBH will open inmates and enroll them from the Jail Based Behavioral Health Services
(JBBS) Program as a client at the center when appropriate. As a new program, it is
difficult to determine the number of enrollees. However, we do expect that the NRBH
therapist will contact at least six inmates per day and that some of them will be one-time
contacts, while others may take several hours of service time based on their needs and/or
the length of time of their incarceration. Therefore, we anticipate this provider will serve
100 incarcerated individuals annually. Prior to the inmate's release from WCJ, the JBBS
provider will begin coordination efforts with the Adult Service Division at NRBH to
ensure a seamless transition to community -based care. Typically, they will funnel most
of these transitioning inmates through the Behavioral Alternative Services In Community
(BASIC), which is the interface treatment program at NRBH that addresses forensic
issues. Additionally, this transition to the community can also include NRBH's full
range of primary and adjunctive services that exists within a full continuum of care
model. The attached Letter of Supports from NRBH and Interventions confirms their
willingness and their ability to provide services to these identified criminal justice
inmates.
3. Exhibit ability to screen all inmates for presence of substance use disorders, mental health
disorders, trauma and traumatic brain injury;
All inmates entering the Weld County Jail undergo an initial screening/assessment
process by WCSO Classification staff. These screens are for substance use and mental
health disorders by self -report. Individuals who are identified for behavioral services will
be further assessed by the NRBH Criminal Justice Specialists (CJS) who will complete a
battery of assessments on the inmate. Depending on the clinical needs, the mental health
screening instruments may include: Psychotherapy Assessment Checklist (Leigh
McCullough, 2001); Texas Christian University of Criminal Thinking Scale (TCUCTS),
Brief Psychiatric Rating Scale (BPRS); or the Adult Self -Assessment Profile/Rating
Adults Problems Scale (ADSAP/RAPS). While the substance use tools may include:
Substance Abuse Subtle Screening Inventory (SASSI); Addiction Severity Index (ASI);
Page 1 of 14
Exhibit A
Stages of Change Readiness and Treatment Eagerness (SOCRATES); the Patient
Placement Criteria, Second Edition — Revised (PPC-2R) through the American Society of
Addiction Medicine (ASAM). All potential participants in JBBS will be screened also
for trauma and traumatic brain injury (TBI). Trauma will be assessed by using the PTSD
Checklist or Trauma Symptom Inventory (TSI) and TBI concerns will be screened via the
HELPS Brain Injury Screening Tool.
4. Exhibit ability to identify inmates with active duty or veteran military status;
Military status is obtained during booking or at assessment which is at the beginning of
the inmate's incarceration.
5. Propose an organizational structure designed to facilitate and promote effective
administration of the program.
A steering committee comprised of NRBH, Intervention and Weld County Jail
Management will provide program oversight. The JBBS Oversight Committee will meet
on a regular basis with the option to meet and act when necessary to improve the program
and to remove barriers to effective and efficient services. Additionally, this committee
will monitor, direct, evaluate and plan the direction of the JBBS Grant Program.
The CJS and the CJCM will be embedded into an already existing jail -based behavioral
team employed by the County. These two newly created, specialized positions would be
employed and answer directly to their respective organizations: NRBH and Intervention.
However, while in the jail facility, the WCSO Licensed Clinical Supervisor will direct
and guide their activities to meet the objectives of the program.
6. Demonstrate financial resources and fiscal management skills to perform the work
proposed.
Weld County Sherriffs Office (WCSO) will be the fiduciary agent for the grant program.
The WCSO will contract with NRBH and Intervention for oversight, general
management of the JBBS providers and services. The WCSO has a long standing history
of receiving and managing federal and state grants. NRBH also has a similar record.
Thus, the agencies involved use state of the art information systems and are closely
audited fiscally around their record keeping and accountability methods. All agencies
have experience with working together and with the state to accomplish common goals.
All accounting activities are guided by accounting policies and procedures that are
prepared using time tested accounting practices and guidelines. Monthly financial
statements are prepared and compared against budget and prior years for appropriateness.
These statements are reviewed monthly by these entities. Common accounting practices
are implemented by the parties involved.
7. Exhibit the ability to provide culturally competent and appropriate services.
All agencies receive regular training to increase staff member ability to look for and
respond to the impact of individual differences among clients or inmates related to
Page 2 of 14
Exhibit A
gender, race, religion, ethnicity, language, sexual orientation and ability. All entities have
employees who are fluent in languages other than English, mainly Spanish. Additionally,
these agencies require cultural awareness and standards be met in accordance with their
respective state and national associations, organization or by government standards as it
relates to cultural issues.
8. Exhibit the ability to meet the needs of individuals who are physically challenged, deaf or
hearing impaired, or blind.
The WCJ meets the needs of inmates who are physically challenged, hearing impaired or
blind within State and national standards in accordance with the Americans with
Disabilities Act.
Outside of the jail facility, when inmates transition to the community, all participating
agencies can work with clients to meet their needs. Services can be set up to
accommodate the physically handicapped in term of accesibility, the hearing and/or
visually impaired.
9. Demonstrate an ability to interface with other agencies serving persons with substance
use disorders or co-occurring mental illnesses, i.e., community mental health centers,
substance use disorder treatment programs, service programs for Veterans and other
community service agencies.
The WCSO, Intervention and NRBH are members of the Criminal Justice Advisory
Committee (CJAC). NRBH chairs and hosts one of its subcommittees associated with
Mental Health/Criminal Justice. Their goal is to find solutions to further reduce
recidivism of individual's involved in the criminal justice system with behavioral health
needs. All three agencies interface regularly with entities like probation and parole to
address systemic and case -by -case issues.
County collaborative efforts include:
• City, County and State: Housing/Homeless; Department of Human Services;
Weld County Health Department; Drug Court; Family Court; Workforce;
Department of Corrections; etc.
• Veterans Groups: Veteran's Administration
• Mutual referral relationships: Safe Houses; homeless shelters; suicide
prevention programs; food banks; University of Northern Colorado; etc.
• Community Partnerships: Integrative care clinics with Sunrise Monfort Family
Clinic and Monfort Children's Clinic; Regional Care Collaborative
Organization where NRBH is a partner with the Northern Colorado Health
Alliance to identify and reduce cost of health care.
10. Demonstrate an ability to provide services in a manner that respects and protects client
rights.
All employees with WCSO, NRBH and Intervention who have direct contact with
Page 3 of 14
Exhibit A
inmates treat them respectfully and courteously. Employees are aware of and protect
inmate rights, both civil and legal, according to set standards that include:
• Freedom from discrimination based on race, religion, national origin, sex, disability,
or political beliefs.
• Equal access to program and work assignments and involvement in decisions based
on their classification level.
• Protection from personal abuse, corporal punishment, personal injury, disease,
property damage, and harassment.
• Freedom from reprisals or penalties as result of seeking administrative or judicial
redress.
As open clients to the mental health system, inmates will have client treatment rights as
defined in federal and state law. This would include information on their rights regarding
grievances and complaints, which includes a referral process with an appeals mechanism.
This information is provided to all consumers within the NRBH system at time of
admission as well as the Weld County Jail when an inmate receives counseling services.
11. Demonstrate an ability to provide OBH with the required data submissions as defined
below under Section C — Monitoring and Data Collection.
The intent of all agencies is to cooperate fully with the State in gathering the information
required to comply with our obligations. IT Departments will coordinate their efforts to
generate necessary reports for data collection. The Oversight Committee will monitor this
process while NRBH already has in place most of the data collection capabilities. The
JBBS providers will work with the jail staff to coordinate and collect data as it relates to
reducing recidivism among clients in the program.
The data requirements for OBH will be monitored by NRBH staff and management team.
This tracking and monitoring will include:
• Basic demographic information about the inmate who is receiving services;
• The number of client served under the JBBS Program;
• The type and qualities of services provided;
• The number or percentage who successfully transition to community -based services
upon release;
• Program termination outcomes;
• Prevalence data gathered from administering mental health, substance use disorder,
trauma and traumatic brain injury screens;
• Licensed substance abuse disorder treatment providers will submit Drug/Alcohol
Coordinated Data System (DACOD) for services provided in the jail to Office of
Behavioral Health (OBH);
• Licensed mental health professionals will submit Colorado Client Assessment Record
(CCAR) data to OBH through the NRBH system.
Page 4 of 14
Exhibit A
12. Demonstrate the ability to transition individuals from jail based services to appropriate
behavioral health and other needed community services upon release from incarceration.
Intervention has a long history of effective case management services and has established
strong linkages with numerous community resources. The CJCM, in cooperation with the
CJS and other JBBS providers, will be an essential element to the success of this
program. Creating a transitional plan for inmates to community -oriented services prior to
release from jail should create a solid model to ensure the most efficient and effective
transition possible.
It is essential that an inmate leaving the jail has supports and resources available to them.
Otherwise, the outcomes of this program will be questionable. This will include
coordination of housing, employment, transportation, benefit acquisition (SSI, SSDI,
food stamps, etc.) and any other basic needs or concerns. By working closely with the
community, a smooth transition can occur to move the client back into the community at
large.
A difficult transition is medication services from the WCJ to the community. With
careful and thoughtful planning, the CJCM can work with the community to ensure
medication needs are met during this change. This programming should "bridge" a client
around obtaining their medication needs until their first psychiatric or medical
appointment in the community.
13. Demonstrate support by local probation department(s) of this proposal.
Please see attached a Letter of Support from the local Judicial District Probation
Department in Greeley, Colorado.
14. The funds associated with this LOI may increase or decrease depending upon state
appropriations. As a result of this, the State may require the contractor to increase or
decrease services and budgets.
It is understood that funding may vary depending upon State appropriations. The
Oversight Committee associated with the JBBS will continue to explore sustainability
and consistency of the program over time whenever this is required.
B. Technical Elements of the Proposal:
1. The applicant's response will explain how they will identify and provide services to the
jail based population.
When entering the WCJ, inmates are screened for initial identification of a substance
abuse and/or mental health disorder(s) by the WCSO Classification staff. Following this
screen, further assessment can be completed by using the instruments identified in A. 3
above. The criteria for moving an inmate to the CJS and/or CJCM are when:
• An inmate is identified as already enrolled as a NRBH client;
• An inmate could benefit from case management activities;
Page 5 of 14
Exhibit A
• An inmate presents with a high level of acuity and may requires long-term and/or
higher levels of care after release;
• Any inmate whose needs can be met through NRBH services and programs and by
doing so meets the State's goals of the JBBS Program: Shorter jail time and/or
decreased recidivism.
An Initial Treatment Plan will be developed by the CJS and will include a case
management component for transitional planning in assisting the inmate in their release
to the community. When appropriate, this plan will include medical services and
medications. Services while incarcerated will also be determined. They will consist
mainly of group treatment; however, some individual treatment may occur as clinically
indicated. Groups will be based on client needs and evidence -based practices. Groups
will include: Strategies for Self -Improvement and Change (SCC) and Seeking Safety
programs. These programs have proven to be effective in addressing substance abuse and
mental health issues within the criminal justice system. Both these program can be started
within the jail and will continue in the inmate's community -based programs since they
are available in the NRBH system.
Strategies for Self Improvement and Change (SCC): This is a cognitive and behavioral
treatment program for adults with substance abusing offenders involved in criminal
conduct. SSC is a long-term program lasting up to a year. Phase I develops the offender's
self-awareness and motivation to change. It also includes a relapse and recidivism
prevention plan. Most of this can be done while incarcerated. Phase II of the program
focuses on skill -building to change thinking and behaviors, while Phase III helps
establish stabilization and maintenance of the newly acquired behavioral patterns. Phases
II and III will mainly occur in out -patient services in the community at NRBH.
Seeking Safety: This cognitive -based approach is for both substance abusing and trauma -
oriented clients. This gender -responsive and evidence -based practice has been used with
success in the criminal justice system. Women prisoners have significantly different
histories and needs than their male counterparts. According to the Bureau of Justice,
more than 57% of women in state prisons and 55% in local jails have a history of
physical and/or sexual abuse, often perpetrated by an intimate partner. Additionally, 37%
of women in prison have been raped in the past which is two times higher than the
general population. Thus, the Seeking Safety program actively links Post Traumatic
Stress Disorder (PTSD) issues with unsafe substance use behaviors. The Seeking Safety
program has 25 stand alone topics or units which is fluid enough to start while the inmate
is in jail and continue on an out -patient basis when they leave.
Case management assessment and planning services will begin immediately. Appropriate
Releases of Information will be determined and signed. This would include any
collaborative data from the inmate's family and/or community supports that can also be
obtained. Recognizing that reintegration into the community will be a significant factor in
the success of the program, the CJCM will look at housing, employment, medical/dental,
benefits to access care, education, vocational, and medication needs. This will allow for a
smooth transition. The CJCM will also conduct "Reentry Groups" which will be
available to individuals in the Weld County jail and JBBS participants. Re -Entry Group
Curriculum includes 25 topics such as Job Resume Building, Finances/Budgeting,
Relapse Prevention/Safety Plan and Time Management.
Page 6 of 14
Exhibit A
A dispositional staffing will occur when the inmate is nearing release. The purpose will
be to finalize plans and make sure all linkages are covered. If psychotropic medications
are part of the plan, CJCM will make sure that a 30 -day bridge prescription is supplied
along with a psychiatric or medical appointment. If appropriate, the client will be
enrolled in pharmaceutical patient assistance programs.
In an effort to make this process seamless, the inmate will have established contact with
their community -based providers prior to release. This will allow for a continuation of
services without a split or break in the person's care.
2. The response will identify resources that exist and resources to be developed.
NRBH offers a wide range of resources for clients, which will be available to JBBS
clients once they enter the community. All enrolled clients have access to the entire menu
of services listed on an individualized treatment plan. The following existing programs
are more likely to be utilized by this population:
• Center -Wide 24 hour, 7 days a week emergency services. This would include Detox
and Acute Treatment Unit services.
• Housing and Residential Programs: Subsidized housing services; transitional
residential programming; Alternative Care Facility; supervised rental properties; and
services to the homeless (PATH).
• Psychiatric medications management and an on -site pharmacy.
• Adult Service Division: Outpatient services; Assertive Community Team (ACT);
Adult Recovery Program (ARP); Frontier Clubhouse; Transitional Residential
Treatment (TRT) and Intensive Out patient substance abuse services; Senior/geriatric
services; Drop -in services; and Peer specialist services.
• BASIC: Domestic violence, Victim services, and substance abuse services with
forensic treatment.
• Child and Family Division: Outpatient services; Multi -systemic therapy; Functional
family services; Early childhood; and Parenting services.
• Prevention: Suicide; Early childhood; and Special Connection for prenatal and young
mothers.
• Case management services: Office, community -based and intensive levels.
• Services are located in the Greeley area and Fort Lupton. NRBH also has some
community -oriented services where providers travel throughout the county to meet
client's needs.
Services to be developed are:
• Criminal Justice Specialist (CJS): 1.0 FTE Master, licensed therapist with a CAC
background or credentialing. This position will be embedded in the already existing
Jail Mental Health Team and be designated for the criteria outlined above in B. 1. It
will enhance and provide better coordination of care than what currently exists in
Page 7 of 14
Exhibit A
Weld County between the criminal justice system and NRBH. (The Job Description is
enclosed).
• Criminal Justice Case Manager (CJCM): 1.0 FTE Bachelor level position to be
incorporated into the existing Jail Mental Health Team that does not have any of these
services currently available. Thus, they will be addressing the transitional aspect
involved in making this program seamless from incarceration to release. (The Job
Description is enclosed).
• Development of an Oversight Committee as discussed previously.
3. The response shall indicate how services needed upon release shall be identified and
detail how the offender shall be linked to the appropriate services in the community
without a break in services.
The CIS is responsible for the treatment plan and its implementation. They are the
clinical care coordinator and will direct and oversee the treatment of their client. The
CJCM will assist by providing linkages to resources in the community in anticipation of
the inmate's eventual return to the community. This coordination may include:
employment support, benefits acquisition, housing, food, health care and other basic
needs. Individuals involved in the JBBS Program will receive coordinated services
through the relevant human service agencies in the community.
When participants transition back into their community and become clients at NRBH,
they will receive on -going case management support as needed. NRBH has long-standing
relationships with human service agencies across Weld County. This will aid this project
in providing a smooth transition for clients. Case management services are an essential
aspect to all NRBH clients' recovery process.
Visually, the process of seamless care from incarceration to community will look like the
following:
JAIL
Initial TX Plan includes:
a. Social/Emotional needs
b. Medical/medication
c. Case management(Transitional needs)
COMMUNITY
Updated TX Plan
INITIAL STAFFING -* TRANSITIONAL STAFFING COMMUNITY
STAFFING
4. The response will identify how services will be coordinated across relevant human
service agencies.
Services will be identified and will be coordinated across relevant human services
agencies through several mechanisms:
• From initial contact, the CJCM will be linking inmates to resources and services in
the community as they move through the criminal justice system to their release;
Page 8of14
Exhibit A
• Staffing as described above in B. 3. are dynamic and flexible in who attends. This
allows significant key community partners to be part of the individualized treatment
planning as the client moves from the jail to the community;
• JBBS Oversight Committee is responsible for systemic flow of care. They will be
able to monitor, evaluate, plan and modify workflows when they determine barriers
to appropriate use of human service entities in the community;
• As a client enters community -base care, NRBH already has in place numerous
meetings to address client and systemic issues in the coordination of services for
criminal justice and other human service agencies. These include: TASC; Probation;
Parole; Criminal Justice/Mental Health Subcommittee; and Criminal Justice Advisory
Committee (CJAC).
• NRBH has been the recipient of SB 97 funding for several years that has laid the
groundwork for community relationships and has provided the structure for
developing coordination of care with these types of clients.
5. The response will provide the number of incarcerated consumers with substance use
disorders or co-occurring substance use disorders and mental health disorders and how
many will actually be enrolled in jail based behavioral health services.
JBBS will serve about 100 individuals over a year. At any given time, we estimate that
groups will have 6-10 members. We would anticipate that the CJS will have contact with
up to six different inmate contacts per day.
6. The response will describe the basic services that will be utilized for this targeted group.
These services may include, but are not limited to:
a. Standardized screening and assessment;
All participants in JBBS will undergo the screening and assessment as outlined above
in (3.). Depending on needs, the DADCOD's and CCAR's will be submitted as
required. When clients enter the community, they will be re -assessed as needed.
b. Behavioral health services including any use of evidence based practices or promising
practices (please note that medications outside of one-time emergency medications
will not be funded by the jail based behavioral health disorder treatment program)
While incarcerated, inmates will receive evidence -based treatment as previously
described: Strategies for Self -Improvement and Change (SSC) or Seeking Safety.
Individuals who require medication will obtain them through the Jail and in
coordination with NRBH or the community when needed.
Additionally, NRBH provides proven practices throughout our services with
Integrated Dual Disordered Treatment (IDDT); Motivational interviewing; Cognitive
Behavioral Therapy; Intensive outpatient services; and, Relapse Prevention
programming. Participants in these services will receive quality and proven care.
Page 9 of 14
Exhibit A
Psychiatric services may include medication evaluations and management;
medication assisted therapy for a client with cravings; antabuse monitoring;
breathalyzer; and toxicology testing/monitoring.
Clients may be referred to various community support -oriented programs like
Alcoholics Anonymous, Narcotics Anonymous, Alanon or Alateen, etc.
NRBH is licensed by the State Office of Behavioral Health (OBH) and by the
Alcohol and Drug Abuse Division (ADAD).
c. Case management services
Case managers establish and maintain a therapeutic relationship with the client on
a continuing basis. They provide assistance that will help clients to adapt and live
successfully within the community. They focus on community safety, acquiring
basic needs, linking mental health and substance abuse needs, medication
compliance, and benefit acquisition.
d. Referrals for primary health services, job training, educational services,
and relevant housing services
NRBH works closely with numerous medical centers including Northern
Colorado Medical Center (NCMC), Salud, Poudre Valley Health System, and the
Northern Colorado Health Alliance. NRBH has several integrative care programs
where mental health professionals are embedded in a medical facility: Sunrise
Family Clinic and Monfort Children's Clinic. JBBS clients will receive the same
coordination of care with these medical providers as all NRBH clients receive.
NRBH collaborates with the Division of Vocational Services and the Workforce
Center of Weld County. Supportive employment services are available through
Frontier House.
Educationally, NRBH coordinates and makes referrals to the University of
Northern Colorado, Aims College, GED providers, the Community College
system and vocational training programs.
And finally, NRBH has numerous supportive housing services that would be
available for JBBS clients, i.e., Section 8 HUD Housing, Shelter Plus Care, and
Supportive rental services.
C. Monitoring and Data Collection
The response shall be written with the intent to comply with the requirement to collect, maintain
and submit certain data to be reported on a quarterly basis. This information shall include:
❑ Basic demographic information about the persons receiving services with these funds
❑ Numbers of clients served
❑ The types and quantities of services delivered
❑ Number and percentage who successfully transition to community based services upon
release
D Program termination outcomes
Page 10of14
Exhibit A
❑ Prevalence data gathered from administering mental health, substance use disorder,
trauma and traumatic brain injury screens
OBH requires all programs to submit the above data on a web -based database. The data must be
submitted and maintained on a quarterly basis. Detailed information regarding this requirement
shall be provided upon contract implementation.
❑ Licensed SUD treatment providers will submit DACODS and when appropriate, CCAR
data to the Office of Behavioral Health.
The WCJ, Interventions and NRBH IT Departments will coordinate their efforts to generate
reports containing the required data from initial incarceration through the course of treatment to
the community. The Oversight Committee will be responsible for ensuring that the data
collection, coordination, and reporting is accomplished. The entities involved have numerous
years of experience meeting State data requirements.
The JBBS program will report quarterly on a web -based database the following information:
❑ Basic demographic information about the persons receiving services with these funds
❑ Numbers of clients served
❑ The types and quantities of services delivered
❑ Number and percentage who successfully transition to community based services upon
release
❑ Program termination outcomes
❑ Prevalence data gathered from administering mental health, substance use disorder,
trauma and traumatic brain injury screens
❑ Licensed Mental Health and Substance Use Disordered (SUD) treatment providers will
submit DACOD's and when appropriate, CCAR data to the Office of Behavioral Health.
C. DEMONSTRATED EXPERIENCE AND CAPABILITIES
1. What is the name and mailing address of the legal entity submitting this proposal?
John Cooke, Sherriff
Weld County Sheriff's Office
1950 O Street
Greeley, Colorado 80631
970-356-4015
2. Please provide the name of the individual who will be the Project Director (or
equivalent title) and his/her contact information.
Nancy Kroll, Director Inmate Services
Weld County Jail
2110 O Street
Greeley, Colorado 80631
970-356-4013 ext. 3956
Page 11 of 14
Exhibit A
3. Provide a description of the partner provider organization(s) receiving funds
including name, type of organization, services provided by the organization and
region served.
North Range Behavioral Health (NRBH) is a private 501(c) (3) non-profit provider of
quality behavioral health services that includes mental health as well as substance abuse
treatment to children, adolescents, adults, and families. NRBH served over 11,926 of
clients in the last year with a staff of full and part-time personnel of 295. It was
incorporated in 1971 NRBH has 20 facilities in Weld County with a budget of over $19
million. Services include:
• Center -Wide 24 hour, 7 days a week emergency services. This would include
Detox and Acute Treatment Unit services.
• Housing and Residential Programs: Subsidized housing services; transitional
residential programming; Alternative Care Facility; supervised rental properties;
and services to the homeless (PATH).
• Psychiatric medications management and an on -site pharmacy.
• Adult Service Division: Outpatient services; Assertive Community Team (ACT);
Adult Recovery Program (ARP); Frontier Clubhouse; Transitional Residential
Treatment (TRT); Intensive Out patient substance abuse services; Senior/geriatric
services; Drop -in services; and peer specialist services.
• BASIC: Domestic violence; Victim services; and substance abuse services with
forensic treatment.
• Child and Family Division: Outpatient services; Multi -systemic therapy;
Functional family services; Early childhood; and parenting services.
• Prevention: Suicide; Early childhood; and Special Connection for prenatal and
young mothers.
• Case management services: Office, community -based and intensive levels.
• Services are located in the Greeley area and Fort Lupton. NRBH also has some
community -oriented services where providers travel throughout the county to
meet client's needs.
Intervention Clinical Services is an OBH Licensed Private Non -Profit treatment provider
that has been servicing clients in Weld County for three years. They currently are staffed
with three full time therapists, one intern, a clinical supervisor, and a clinical director.
4. Describe the service array available within the community to program participants
upon their release from jail, including behavioral health services.
Described above in response to B. 2.
Page 12 of 14
Exhibit A
5. Indicate the amount of jail based behavioral health funds the organization is
requesting.
$106,187.00
6. Describe the plan to provide coordinated and comprehensive services to eligible
clients, including the projected number of clients to be served in the 2013-2014
contract year.
A target of 100 clients will be served over the course of the grant year.
7. Please describe the jail -based services to be provided using these funds.
Two benefit -eligible FTE's, one a master level therapist and the other a case manager
will be hired to the JBBS Team. Expenditures will include computer, travel and other
supplies for preforming their duties as described in their respective job descriptions. They
will be supervised by their respective agencies: NRBH for the CJS and Intervention for
the CJCM.
An oversight committee will be established to provide direction, overcome obstacles and
make sure that data is collected as planned.
Upon release from jai, the inmate will receive on -going services from NRBH based on
level of care and needs and/or with other community service providers.
8. Describe the demographics of persons to be served, including race/ethnicity, age
range, veteran status, geographic area, disabilities, sexual orientation. Report the
counties to be served.
County: Weld County
Average inmate population in the past year: 575
Jail Population breakdown according to race: White 334/Black 24/Hispanic 215/Indian 2
Gender breakdown: 467 males/108females
Substance abuse population: unknown
Mental Health Population: unknown
Age: unknown
Sentenced inmates: 35.8 %
Average length of incarceration for total population: 22 days
Veterans: unknown
For the JBBS Program the participants will have entered the WCJ on adult charges. There
will be no distinction of who enters the program based on race, ethnicity, age, veteran
status, religion, disabilities and/or sexual orientation. Clients will reside in Weld County,
Colorado.
Page 13 of 14
Exhibit A
9. Describe how staff providing services to the target population will be sensitive to
diversity issues. Indicate the extent to which staff is representative of diversity
and receive periodic training in cultural competence.
Recruiting of new employees will be conducted with cultural awareness and competence
in mind. All employees will receive cultural awareness training through their respective
agency requirements and mandates.
Page 14 of 14
Exhibit B
BUDGET
Weld County Sherriff's Office
Budget Narrative: The 2.0 I. described below is for a Behavioral Health Professional (CJS) employed by NRBH at a mid-
range salary of $44,953. This position would be a State of Colorado licensed, master level clinician with a CAC II. The Case
Manager (CJCM) would be employed by Intervention at $35,020. The position would be a bachelor level position.
Equipment is for two computers from the Dell Corporation. The price is based on a recent quote from WCSO IT department.
Furniture is for two office desks and was a quote from a local office supply store.
The reminder went to an Administrative Fee (1%).
The JBBS Program will have contact with 100 clients at a $ 1,060 per client cost.
Time Period: 7/1/13 through 6/30/14
JBBS Program
1352
FTE* Dollars
Match
Dollars
Total
Program
Costs
Direct Personnel Cost
Employee compensation
2.0
79,973
Employee benefits
2.0,551
Payroll Taxes
Contractual
. (Specify Line Items and describe in narrative)
Subtotal
2.0
100,524
0
100,534
Client
One Time or Emergency Medications
Purchases From Other Providers
(Specify Line Items and describe in narrative)
Subtotal
0
0
0
0
Occupancy
(Specify Line Items and describe in narrative)
_
Subtotal
0
0
0
0
Opera . P •
Equipment Rental, Lease and Maintenance/computers x2
1,404
1,404
Insurance
Supplies
_
Postage, Printing, Photocopying
Telephone and Pagers
Travel, Conferences and Staff Development
Vehicles - Fuel, Oil, Lease and Maintenance
(Specify Line Items and describe in narrative) Furniture
2,783.00
2,783.00
Subtotal
0
4,187.00
0
4,187.00
Other
(Specify Line Items and describe in narrative)
Subtotal
0
0
0
0
Administration
Aggregate in one line item and describe in narrative ADM FEE
1,476
1,476
Subtotal
0
0
Total expenses
2.0
106,187
0
106,187
Estimated number of clients to be served
100
100
Estimated cost per client
1,060
1,060
* Full time equivalent - A measurement equal to one staff person working full-time for one year (2080 hours).
Exhibit C
Miscellaneous Provisions
1. CONTRACT TERM
The term of this contract is 12 months.
2. PROVIDE SERVICES
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.
3. GOALS & OBJECTIVE
The Contractor shall be responsible for the achievement of goals and objectives as
specified within the "Statement of Work" (Exhibit A) of this contract.
4. QUARTERLY STATUS REPORTS
The Contractor shall prepare and submit to the State, quarterly status reports,
which shall include information relative to the progress in achievement of goals
and objectives specified in Exhibit A. Reports shall be completed in the format
provided by the State. Reports shall be delivered to the State or its designee, not
later than last working day after the end of the month following September,
December, March and June.
5. COPY OF PROPOSED SUBCONTRACT
The Contractor shall provide to the State a copy of any proposed subcontract
between the Contractor and any potential provider of services to fulfill any
requirements of this contract. The State shall be notified of any changes to
contractual agreements between Contractor and subcontractors.
6. REPORTING SYSTEMS
The Contractor, or its subcontractor shall be responsible for participating in any
reporting systems (DACODS) on the management and evaluation of the program
as may be required by the State.
7. PAYMENT
In consideration of the provision of services and reporting as set forth herein and
subject to all payment and price provisions herein and further subject to
verification by the State of full and satisfactory compliance with the terms of this
contract, the State shall cause to be paid to the Contractor an amount not to
exceed the amount specified in the "Budget", Exhibit B, of this contract, in the
following manner.
a) To receive reimbursement for expenditures, the Contractor shall submit
accurate monthly requests for payment that include date, check number (if
applicable), name of payee, description of expenditure, total cost, amount to
Page 1 of 3 Pages
Exhibit C
be reimbursed by DBH, and amount to be reimbursed from other sources, on
forms prescribed by the State, by the 20th of the second month following the
month in which expenses occur.
b) By the 20th of each month during the term hereof; the Contractor shall submit
monthly requests for payment on forms prescribed by the State.
c) Payment will be made in arrears for services rendered. Advances will not be
approved except in documented situations of cash flow emergency, for a
specified term, with the prior written approval of the State, and in accordance
with State fiscal rules and procedures.
d) Contractor is eligible for any increases as appropriated by the Colorado
General Assembly and approved by the Department of Human Services.
8. OPTION LETTER
The State may require continued performance for a period of 3 one-year terms for
any services at the rates and terms specified in the contract. The State may
exercise the option by written notice to the Contractor with 30 days prior to the
end of the current contract term in a form substantially equivalent to Exhibit D
(Option Letter).
If the State exercises this option, the extended contract will be considered to
include this option provision. The total duration of this contract, including the
exercise of any options under this clause, shall not exceed June 30, 2016.
The State may increase or decrease the quantity of goods/services described in
Exhibit A based upon the per -client rates established 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
Exhibit D. Delivery/performance of the goods/service shall continue at the same
rates and terms. If exercised, the provisions of the Option Letter shall become
part of and be incorporated into the original contract.
9. PARTICIPATION
The Contractor is expected to participate in DBH sponsored meetings, which shall
occur at a minimum quarterly.
10. REQUIREMENTS AS SPECIFIED IN THE "REQUEST FOR APPLICATION"
The contractor and subcontractors in providing services as specified herein shall:
a) Partnership with DBH-licensed substance use disorder treatment providers,
b) Provider culturally competent and appropriate services,
c) Meet the needs of individuals who are physically challenged, deaf or hearing
impaired, or blind,
d) Provider services in a manor that respects and protects client's rights,
e) Have support by local probation departments,
11. NOT SUPPLANT
Payments made to the Contractor under this contract will supplement and not
supplant state or local expenditures for substance use disorder or co-occurring
Page 2 of 3 Pages
Exhibit C
substance use and mental health disorder treatment that would have been made in
the absence of such payments.
12. NOT ASSIGNABLE
This contract is not assignable without prior written consent of the State.
13. BUDGET CHANGES
Any changes/line-item adjustments within the budget total amount, Exhibit B of
this contract, shall be made only with the prior written approval of the State and
shall not exceed 10% of the total amount of the contract for the then current fiscal
year as described on page one of the contract.
14. HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT of 1996
("HIPAA")
Federal law and regulations governing the privacy of certain health information
requires a "Business Associate Contract" between the State and the Contractor.
45 C.F.R. Section 164.504(e). Exhibit J (HIPAA Business Associate
Addendum) attached and incorporated herein by reference and agreed to by the
parties is a HIPAA Business Associate Addendum for HIPAA compliance.
Terms of the Addendum shall be considered binding upon execution of this
contract and shall remain in effect during the term of the contract including any
extensions.
Contractor and its applicable subcontractors hereunder shall obtain and maintain
during the term of this Contract liability insurance covering all loss of Protected
Health Information data and claims based upon alleged violations of privacy
rights through improper use or disclosure of Protected Health Information with
minimum annual limits as follows:
1. Contractors with 10 or less clients and revenues of $250,000 or less shall
maintain limits on Privacy Liability Insurance of not less than $50,000.
2. Contractors with 25 or less clients and revenues of $500,000 or less shall
maintain limits on Privacy Liability Insurance of not less than $100,000.
3. Contractors with more than 25 clients and revenues of more than $500,000
shall maintain limits on Privacy Liability Insurance of not less than
$1,000,000.
This provision modifies and takes precedence over any conflicting requirements
in the Contract General Provisions relative to privacy insurance coverage by
Contractor.
Page 3 of 3 Pages
Exhibit D
SAMPLE 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 [also delete all
yellow highlighted text].
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, Department of Human Services, 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, Department of Human
Services, 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: 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
Department of Human Services
Reggie Bicha, Executive Director
By: Insert Name & Title of Person Signing for Agency or IHE
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:
Effective Date: 1/6/09 -Rev 8/25/09
Exhibit E
Jail Based Behavioral Health Services Performance Measures
The Contractor shall on an annual basis:
Measure and report to the Division its performance, using standard measures required by the Division. Submit to the
Division, the following data that enables the Division to measure the entity's performance. These measures shall be
submitted along with the 4th Quarter Status Report no later than July 30th of each year.
1. Total number of clients served. Reporting shall include a breakdown of total number of clients screened and
total number of clients receiving behavioral health services under JBBS.
2. Clients successfully engaged (this means the client engages in treatment as recommended by the jail based
transition plan) into treatment in the community after release from jail. Reporting shall track:
i. Actual numbers clients engaged in treatment
ii. Percentage to be calculated as follows:
# of clients successfully engaged in treatment in the community
Total # of clients served in jail
3. Data Reporting:
Provide the Division screening outcomes. The following data should be reported:
a. Total number of screens completed;
Total number of positive screens for:
b. Mental Health Disorders,
c. Substance Use Disorders,
d. Trauma and;
e. Traumatic Brain Injury
Submit DACODs for all jail based treatment provided. The Division shall randomly check these by
requesting a client roster or during a site visit.
Exhibit F
HIPAA BUSINESS ASSOCIATE ADDENDUM
For purposes of this Addendum, the State is referred to as "Covered Entity" or "CE" and
the Contractor is referred to as "Associate". Unless the context clearly requires a distinction
between the Contract document and this Addendum, all references herein to "the Contract" or
"this Contract" include this Addendum.
RECITALS
A. CE wishes to disclose certain information to Associate pursuant to the terms of the
Contract, some of which may constitute Protected Health Information ("PHI") (defined
below).
B. CE and Associate intend to protect the privacy and provide for the security of PHI
disclosed to Associate pursuant to this Contract in compliance with the Health Insurance
Portability and Accountability Act of 1996, 42 U.S.C. § 1320d — 1320d-8 ("HIPAA") as
amended by the American Recovery and Reinvestment Act of 2009 ("ARRA")/HITECH
Act (P.L. 111-005), and its implementing regulations promulgated by the U.S.
Department of Health and Human Services, 45 C.F.R. Parts 160, 162 and 164 (the
"HIPAA Rules") and other applicable laws, as amended.
C. As part of the HIPAA Rules, the CE is required to enter into a written contract containing
specific requirements with Associate prior to the disclosure of PHI, as set forth in, but not
limited to, Title 45, Sections 160.103, 164.502(e) and 164.504(e) of the Code of Federal
Regulations ("C.F.R.") and contained in this Addendum.
The parties agree as follows:
1. Definitions.
a. Except as otherwise defined herein, capitalized terms in this Addendum shall have
the definitions set forth in the HIPAA Rules at 45 C.F.R. Parts 160, 162 and 164, as amended.
In the event of any conflict between the mandatory provisions of the HIPAA Rules and the
provisions of this Contract, the HIPAA Rules shall control. Where the provisions of this
Contract differ from those mandated by the HIPAA Rules, but are nonetheless permitted by the
HIPAA Rules, the provisions of this Contract shall control.
b. "Protected Health Information" or "PHI" means any information, whether oral or
recorded in any form or medium: (i) that relates to the past, present or future physical or mental
condition of an individual; the provision of health care to an individual; or the past, present or
future payment for the provision of health care to an individual; and (ii) that identifies the
individual or with respect to which there is a reasonable basis to believe the information can be
used to identify the individual, and shall have the meaning given to such term under the HIPAA
Rules, including, but not limited to, 45 C.F.R. Section 164.501.
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Exhibit F
c. "Protected Information" shall mean PHI provided by CE to Associate or created
received, maintained or transmitted by Associate on CE's behalf. To the extent Associate is a
covered entity under HIPAA and creates or obtains its own PHI for treatment, payment and
health care operations, Protected Information under this Contract does not include any PHI
created or obtained by Associate as a covered entity and Associate shall follow its own policies
and procedures for accounting, access and amendment of Associate's PHI.
d. "Subcontractor" shall mean a third party to whom Associate delegates a function,
activity, or service that involves CE's Protected Information, in order to carry out the
responsibilities of this Agreement.
2. Obligations of Associate.
a. Permitted Uses. Associate shall not use Protected Information except for the
purpose of performing Associate's obligations under this Contract and as permitted under this
Addendum. Further, Associate shall not use Protected Information in any manner that would
constitute a violation of the HIPAA Rules if so used by CE, except that Associate may use
Protected Information: (i) for the proper management and administration of Associate; (ii) to
carry out the legal responsibilities of Associate; or (iii) for Data Aggregation purposes for the
Health Care Operations of CE. Additional provisions, if any, governing peituitted uses of
Protected Information are set forth in Attachment A to this Addendum. Associate accepts full
responsibility for any penalties incurred as a result of Associate's breach of the HIPAA Rules.
b. Permitted Disclosures. Associate shall not disclose Protected Information in any
manner that would constitute a violation of the HIPAA Rules if disclosed by CE, except that
Associate may disclose Protected Information: (i) in a manner permitted pursuant to this
Contract; (ii) for the proper management and administration of Associate; (iii) as required by
law; (iv) for Data Aggregation purposes for the Health Care Operations of CE; or (v) to report
violations of law to appropriate federal or state authorities, consistent with 45 C.F.R. Section
164.502(j)(1). To the extent that Associate discloses Protected Information to a third party
Subcontractor, Associate must obtain, prior to making any such disclosure: (i) reasonable
assurances through execution of a written agreement with such third party that such Protected
Information will be held confidential as provided pursuant to this Addendum and only disclosed
as required by law or for the purposes for which it was disclosed to such third party; and that
such third party will notify Associate within two (2) business days of any breaches of
confidentiality of the Protected Information, to the extent it has obtained knowledge of such
breach. Additional provisions, if any, governing permitted disclosures of Protected Information
are set forth in Attachment A.
c. Appropriate Safeguards. Associate shall implement appropriate safeguards as are
necessary to prevent the use or disclosure of Protected Information other than as permitted by
this Contract. Associate shall comply with the requirements of the IIIPAA Security Rule at 45
C.F.R. Sections 164.308, 164.310, 164.312, and 164.316. Associate shall maintain a
comprehensive written information privacy and security program that includes administrative,
technical and physical safeguards appropriate to the size and complexity of the Associate's
operations and the nature and scope of its activities. Associate shall review, modify, and update
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Exhibit F
documentation of, its safeguards as needed to ensure continued provision of reasonable and
appropriate protection of Protected Information.
d. Reporting of Improper Use or Disclosure. Associate shall report to CE in writing
any use or disclosure of Protected Information other than as provided for by this Contract within
five (5) business days of becoming aware of such use or disclosure.
e. Associate's Agents. If Associate uses one or more Subcontractors or agents to
provide services under the Contract, and such Subcontractors or agents receive or have access to
Protected Information, each Subcontractor or agent shall sign an agreement with Associate
containing the same provisions as this Addendum and further identifying CE as a third party
beneficiary with rights of enforcement and indemnification from such Subcontractors or agents
in the event of any violation of such Subcontractor or agent agreement. The Agreement between
the Associate and Subcontractor or agent shall ensure that the Subcontractor or agent agrees to at
least the same restrictions and conditions that apply to Associate with respect to such Protected
Information. Associate shall implement and maintain sanctions against agents and
Subcontractors that violate such restrictions and conditions and shall mitigate the effects of any
such violation.
f. Access to Protected Information. If Associate maintains Protected Information
contained within CE's Designated Record Set, Associate shall make Protected Information
maintained by Associate or its agents or Subcontractors in such Designated Record Sets
available to CE for inspection and copying within ten (10) business days of a request by CE to
enable CE to fulfill its obligations to permit individual access to PHI under the HIPAA Rules,
including, but not limited to, 45 C.F.R. Section 164.524. If such Protected Information is
maintained by Associate in an electronic foul' or format, Associate must make such Protected
Information available to CE in a mutually agreed upon electronic form or format.
g. Amendment of PHI. If Associate maintains Protected Information contained
within CE's Designated Record Set, Associate or its agents or Subcontractors shall make such
Protected Information available to CE for amendment within ten (10) business days of receipt of
a request from CE for an amendment of Protected Information or a record about an individual
contained in a Designated Record Set, and shall incorporate any such amendment to enable CE
to fulfill its obligations with respect to requests by individuals to amend their PHI under the
HIPAA Rules, including, but not limited to, 45 C.F.R. Section 164.526. If any individual
requests an amendment of Protected Information directly from Associate or its agents or
Subcontractors, Associate must notify CE in writing within five (5) business days of receipt of
the request. Any denial of amendment of Protected Information maintained by Associate or its
agents or Subcontractors shall be the responsibility of CE.
h. Accounting Rights. If Associate maintains Protected Information contained
within CE's Designated Record Set, Associate and its agents or Subcontractors shall make
available to CE within ten (10) business days of notice by CE, the information required to
provide an accounting of disclosures to enable CE to fulfill its obligations under the HIPAA
Rules, including, but not limited to, 45 C.F.R. Section 164.528. In the event that the request for
an accounting is delivered directly to Associate or its agents or Subcontractors, Associate shall
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Colorado Model BA Provision and
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Exhibit F
within five (5) business days of the receipt of the request forward it to CE in writing. It shall be
CE's responsibility to prepare and deliver any such accounting requested. Associate shall not
disclose any Protected Information except as set forth in Section 2(b) of this Addendum.
i. Governmental Access to Records. Associate shall keep records and make its
internal practices, books and records relating to the use and disclosure of Protected Information
available to the Secretary of the U.S. Department of Health and Human Services (the
"Secretary"), in a time and manner designated by the Secretary, for purposes of determining
CE's or Associate's compliance with the HIPAA Rules. Associate shall provide to CE a copy of
any Protected Information that Associate provides to the Secretary concurrently with providing
such Protected Information to the Secretary when the Secretary is investigating CE. Associate
shall cooperate with the Secretary if the Secretary undertakes an investigation or compliance
review of Associate's policies, procedures or practices to determine whether Associate is
complying with the HIPAA Rules, and permit access by the Secretary during normal business
hours to its facilities, books, records, accounts, and other sources of information, including
Protected Information, that are pertinent to ascertaining compliance.
j. Minimum Necessary. Associate (and its agents or subcontractors) shall only
request, use and disclose the minimum amount of Protected Information necessary to accomplish
the purpose of the request, use or disclosure, in accordance with the Minimum Necessary
requirements of the HIPAA Rules including, but not limited to 45 C.F.R. Sections 164.502(b)
and 164.514(d).
k. Data Ownership. Associate acknowledges that Associate has no ownership rights
with respect to the Protected Information.
1. Retention of Protected Information. Except upon termination of the Contract as
provided in Section 4(d) of this Addendum, Associate and its Subcontractors or agents shall
retain all Protected Information throughout the term of this Contract and shall continue to
maintain the information required under Section 2(h) of this Addendum for a period of six (6)
years.
m. Associate's Insurance. Associate shall maintain insurance to cover loss of PHI
data and claims based upon alleged violations of privacy rights through improper use or
disclosure of PHI. All such policies shall meet or exceed the minimum insurance requirements
of the Contract (e.g., occurrence basis, combined single dollar limits, annual aggregate dollar
limits, additional insured status and notice of cancellation).
n. Notice of Privacy Practices. Associate shall be responsible for reviewing CE's
Notice of Privacy Practices, available on CE's external website, to determine any requirements
applicable to Associate per this Contract.
o. Notification of Breach. During the term of this Contract, Associate shall notify
CE within two (2) business days of any suspected or actual breach of security, intrusion or
unauthorized use or disclosure of PHI and/or any actual or suspected use or disclosure of data in
violation of any applicable federal or state laws or regulations. Associate shall not initiate
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Exhibit F
notification to affected individuals per the HIPAA Rules without prior notification and approval
of CE. Infonnation provided to CE shall include the identification of each individual whose
unsecured PHI has been, or is reasonably believed to have been accessed, acquired or disclosed
during the breach. Associate shall take (i) prompt corrective action to cure any such deficiencies
and (ii) any action pertaining to such unauthorized disclosure required by applicable federal and
state laws and regulations.
p. Audits, Inspection and Enforcement. Within ten (10) business days of a written
request by CE, Associate and its agents or subcontractors shall allow CE to conduct a reasonable
inspection of the facilities, systems, books, records, agreements, policies and procedures relating
to the use or disclosure of Protected Infonnation pursuant to this Addendum for the purpose of
determining whether Associate has complied with this Addendum; provided, however, that: (i)
Associate and CE shall mutually agree in advance upon the scope, timing and location of such an
inspection; and (ii) CE shall protect the confidentiality of all confidential and proprietary
information of Associate to which CE has access during the course of such inspection. The fact
that CE inspects, or fails to inspect, or has the right to inspect, Associate's facilities, systems,
books, records, agreements, policies and procedures does not relieve Associate of its
responsibility to comply with this Addendum, nor does CE's (i) failure to detect or (ii) detection,
but failure to notify Associate or require Associate's remediation of any unsatisfactory practices,
constitute acceptance of such practice or a waiver of CE's enforcement rights under the Contract.
q. Safeguards During Transmission. Associate shall be responsible for using
appropriate safeguards, including encryption of PHI, to maintain and ensure the confidentiality,
integrity and security of Protected Information transmitted pursuant to the Contract, in
accordance with the standards and requirements of the HIPAA Rules.
r. Restrictions and Confidential Communications. Within ten (10) business days of
notice by CE of a restriction upon uses or disclosures or request for confidential communications
pursuant to 45 C.F.R. Section 164.522, Associate will restrict the use or disclosure of an
individual's Protected Information. Associate will not respond directly to an individual's
requests to restrict the use or disclosure of Protected Information or to send all communication of
Protect Information to an alternate address. Associate will refer such requests to the CE so that
the CE can coordinate and prepare a timely response to the requesting individual and provide
direction to Associate.
3. Obligations of CE.
a. Safeguards During Transmission. CE shall be responsible for using appropriate
safeguards, including encryption of PHI, to maintain and ensure the confidentiality, integrity and
security of Protected Information transmitted pursuant to the Contract, in accordance with the
standards and requirements of the HIPAA Rules.
b. Notice of Changes. CE maintains a copy of its Notice of Privacy Practices on its
website. CE shall provide Associate with any changes in, or revocation of; permission to use or
disclose Protected Information, to the extent that it may affect Associate's permitted or required
uses or disclosures. To the extent that it may affect Associate's permitted use or disclosure of
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Exhibit F
PHI, CE shall notify Associate of any restriction on the use or disclosure of Protected
Information that CE has agreed to in accordance with 45 C.F.R. Section 164.522.
4. Termination.
a. Material Breach. In addition to any other provisions in the Contract regarding
breach, a breach by Associate of any provision of this Addendum, as determined by CE, shall
constitute a material breach of this Contract and shall provide grounds for immediate termination
of this Contract by CE pursuant to the provisions of the Contract covering termination for cause,
if any. If the Contract contains no express provisions regarding termination for cause, the
following terms and conditions shall apply:
(1) Default. If Associate refuses or fails to timely perform any of the
provisions of this Contract, CE may notify Associate in writing of the non-performance, and if
not promptly corrected within the time specified, CE may terminate this Contract. Associate
shall continue performance of this Contract to the extent it is not terminated and shall be liable
for excess costs incurred in procuring similar goods or services elsewhere.
(2) Associate's Duties. Notwithstanding termination of this Contract, and
subject to any directions from CE, Associate shall take timely, reasonable and necessary action
to protect and preserve property in the possession of Associate in which CE has an interest.
(3) Compensation. Payment for completed supplies delivered and accepted
by CE shall be at the Contract price. In the event of a material breach under paragraph 4a, CE
may withhold amounts due Associate as CE deems necessary to protect CE against loss from
third party claims of improper use or disclosure and to reimburse CE for the excess costs
incurred in procuring similar goods and services elsewhere.
(4) Erroneous Termination for Default. If after such termination it is
determined, for any reason, that Associate was not in default, or that Associate's action/inaction
was excusable, such termination shall be treated as a termination for convenience, and the rights
and obligations of the parties shall be the same as if this Contract had been terminated for
convenience, as described in this Contract.
b. Reasonable Steps to Cure Breach. If CE knows of a pattern of activity or practice
of Associate that constitutes a material breach or violation of the Associate's obligations under
the provisions of this Addendum or another arrangement and does not terminate this Contract
pursuant to Section 4(a), then CE shall take reasonable steps to cure such breach or end such
violation.. If CE's efforts to cure such breach or end such violation are unsuccessful, CE shall
either (i) terminate the Contract, if feasible or (ii) if termination of this Contract is not feasible,
CE shall report Associate's breach or violation to the Secretary of the Department of Health and
Human Services. If Associate knows of a pattern of activity or practice of a Subcontractor or
agent that constitutes a material breach or violation of the Subcontractor's or agent's obligations
under the written agreement between Associate and the Subcontractor or agent, Associate shall
take reasonable steps to cure such breach or end such violation, if feasible.
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Colorado Model BA Provision and
Addendum For New or Amended Contracts
Rev. May 2013
Exhibit F
c. Judicial or Administrative Proceedings. Either party may terminate the
Contract, effective immediately, if (i) the other party is named as a defendant in a criminal
proceeding for a violation of the HIPAA Rules or other security or privacy laws or (ii) a finding
or stipulation that the other party has violated any standard or requirement of the HIPAA Rules
or other security or privacy laws is made in any administrative or civil proceeding in which the
party has been joined.
d. Effect of Termination.
(1) Except as provided in paragraph (2) of this subsection, upon termination
of this Contract, for any reason, Associate shall return or destroy all Protected Information that
Associate or its agents or Subcontractors still maintain in any form, and shall retain no copies of
such Protected Information. If Associate elects to destroy the PHI, Associate shall certify in
writing to CE that such PHI has been destroyed.
(2) If Associate believes that returning or destroying the Protected
Information is not feasible, Associate shall promptly provide CE notice of the conditions making
return or destruction infeasible. Associate shall continue to extend the protections of Sections
2(a), 2(b), 2(c), 2(d) and 2(e) of this Addendum to such Protected Information, and shall limit
further use of such PHI to those purposes that make the return or destruction of such PHI
infeasible.
5. Injunctive Relief. CE shall have the right to injunctive and other equitable and legal
relief against Associate or any of its Subcontractors or agents in the event of any use or
disclosure of Protected Information in violation of this Contract or applicable law.
6. No Waiver of Immunity. No term or condition of this Contract shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection,
or other provisions of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq. or the
Federal Tort Claims Act, 28 U.S.C. 2671 et seq. as applicable, as now in effect or hereafter
amended.
7. Limitation of Liability. Any limitation of Associate's liability in the Contract shall be
inapplicable to the terns and conditions of this Addendum.
8. Disclaimer. CE makes no warranty or representation that compliance by Associate with
this Contractor the HIPAA Rules will be adequate or satisfactory for Associate's own purposes.
Associate is solely responsible for all decisions made by Associate regarding the safeguarding of
PHI.
9. Certification. To the extent that CE determines an examination is necessary in order to
comply with CE's legal obligations pursuant to the HIPAA Rules relating to certification of its
security practices, CE or its authorized agents or contractors, may, at CE's expense, examine
Associate's facilities, systems, procedures and records as may be necessary for such agents or
contractors to certify to CE the extent to which Associate's security safeguards comply with the
HIPAA Rules or this Addendum.
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Colorado Model BA Provision and
Addendum For New or Amended Contracts
Rev. May 2013
Exhibit F
10. Amendment.
a. Amendment to Comply with Law. The parties acknowledge that state and federal
laws relating to data security and privacy are rapidly evolving and that amendment of this
Addendum may be required to provide for procedures to ensure compliance with such
developments. The parties specifically agree to take such action as is necessary to implement the
standards and requirements of the HIPAA Rules and other applicable laws relating to the
confidentiality, integrity, availability and security of PHI. The parties understand and agree that
CE must receive satisfactory written assurance from Associate that Associate will adequately
safeguard all Protected Information and that it is Associate's responsibility to receive satisfactory
written assurances from Associate's Subcontractors and agents. Upon the request of either party,
the other party agrees to promptly enter into negotiations concerning the terms of an amendment
to this Addendum embodying written assurances consistent with the standards and requirements
of the HIPAA Rules or other applicable laws. CE may terminate this Contract upon thirty (30)
days written notice in the event (i) Associate does not promptly enter into negotiations to amend
this Contract when requested by CE pursuant to this Section, or (ii) Associate does not enter into
an amendment to this Contract providing assurances regarding the safeguarding of PHI that CE,
in its sole discretion, deems sufficient to satisfy the standards and requirements of the HIPAA
Rules.
b. Amendment of Attachment A. Attachment A may be modified or amended by
mutual agreement of the parties in writing from time to time without formal amendment of this
Addendum.
11. Assistance in Litigation or Administrative Proceedings. Associate shall make itself; and
any Subcontractors, employees or agents assisting Associate in the performance of its obligations
under the Cunlracl, available to CE, at no cost to CE up to a maximum of 30 hours, to testify as
witnesses, or otherwise, in the event of litigation or administrative proceedings being
commenced against CE, its directors, officers or employees based upon a claimed violation of
the HIPAA Rules or other laws relating to security and privacy or PHI, except where Associate
or its Subcontractor, employee or agent is a named adverse party.
12. No Third Party Beneficiaries. Nothing express or implied in this Contract is intended to
confer, nor shall anything herein confer, upon any person other than CE, Associate and their
respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever.
13. Interpretation and Order of Precedence. The provisions of this Addendum shall prevail
over any provisions in the Contract that may conflict or appear inconsistent with any provision in
this Addendum. Together, the Contract and this Addendum shall be interpreted as broadly as
necessary to implement and comply with the HIPAA Rules. The parties agree that any
ambiguity in this Contract shall be resolved in favor of a meaning that complies and is consistent
with the HIPAA Rules. This Contract supercedes and replaces any previous separately executed
HIPAA addendum between the parties.
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Colorado Model BA Provision and
Addendum For New or Amended Contracts
Rev. May 2013
Exhibit F
14. Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary,
Associate's obligations under Section 4(d) ("Effect of Termination") and Section 12 ("No Third
Party Beneficiaries") shall survive termination of this Contract and shall be enforceable by CE as
provided herein in the event of such failure to perform or comply by the Associate. This
Addendum shall remain in effect during the term of the Contract including any extensions.
15. Representatives and Notice.
a. Representatives. For the purpose of the Contract, the individuals identified
elsewhere in this Contract shall be the representatives of the respective parties. If no
representatives are identified in the Contract, the individuals listed below are hereby designated
as the parties' respective representatives for purposes of this Contract. Either party may from
time to time designate in writing new or substitute representatives.
b. Notices. All required notices shall be in writing and shall be hand delivered or
given by certified or registered mail to the representatives at the addresses set forth below.
State/Covered Entity Representative:
Name: _as named in contract _
Title:
Department and Division:
Address:
Contractor/Business Associate Representative:
Name: as named in contract _
Title:
Department and Division:
Address:
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Colorado Model BA Provision and
Addendum For New or Amended Contracts
Rev. May 2013
ATTACHMENT A to Exhibit F
This Attachment may be amended from time to time as provided in Section 10(b) of the
Addendum.
1. Additional Permitted Uses. In addition to those purposes set forth in Section 2(a) of the
Addendum, Associate may use Protected Information as follows:
None except as otherwise directed in writing by the State
2. Additional Permitted Disclosures. In addition to those purposes set forth in Section 2(b)
of the Addendum, Associate may disclose Protected Information as follows:
None except as otherwise directed in writing by the State
3. Subcontractor(s). The parties acknowledge that the following subcontractors or agents of
Associate shall receive Protected Information in the course of assisting Associate in the
performance of its obligations under this Contract:
None except as otherwise directed in writing by the State
4. Receipt. Associate's receipt of Protected Information pursuant to this Contract shall be
deemed to occur as follows, and Associate's obligations under the Addendum shall commence
with respect to such PHI upon such receipt:
Upon the effective date of the contract
5. Additional Restrictions on Use of Data. CE is a Business Associate of certain other
Covered Entities and, pursuant to such obligations of CE, Associate shall comply with the
following restrictions on the use and disclosure of Protected Information:
As may be directed in writing by the State
6. Additional Terms. [This section may include specifications for disclosure format,
method of transmission, use of an intermediary, use of digital signatures or PKI authentication,
additional security ofprivacy specifications, de -identification or re -identification of data and
other additional terms.]
None
Page 1 of 1
Colorado Model BA Provision and
Addendum For New or Amended Contracts
Rev. May 2013
STATE OF COLORADO
Colorado Department of Human Services
people who help people
OFFICE OF BEHAVIORAL HEALTH
Lisa M. Clements, Ph.D., Director
OFFICE OF BEHAVIORAL HEALTH
Lori Banks, LCSW, Interim Deputy Director
Community Programs
3824 West Princeton Circle
Denver, Colorado 80236
Phone 303-866-7400
Fax 303-866-7481,303-866-7428
July 12, 2013
Nancy Kroll
Weld County Sheriffs Office
1950 O Street
Greeley, Colorado 80631
John W. Hickenlooper
Governor
Reggie Bicha
Executive Director
Re: Jail Based Behavioral Health Services Executed Contract, # 14 IID 55060
Dear Ms. Kroll,
Enclosed please find one fully executed copy of the contract with the Office of Behavioral Health for
fiscal year 2013-14. Please note the July 2, 2013 effective date.
It is understood the Weld County Sheriffs Office will abide by all terms and conditions outlined in the
contract documents.
Please place a copy of this correspondence in the contract file. If you have any questions regarding this
project, please do not hesitate to contact me at (303) 866-7511.
Sincerely,
ecca Lembke
Manager, Contracts and Finance
Enclosure
01.17
Our Mission is to Design and Deliver Quality Human Services that Improve the Safety and Independence of the People of Colorado
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