HomeMy WebLinkAbout20092399.tiffRESOLUTION
RE: APPROVE CONTRACT AMENDMENT #5 FOR EARLY AND PERIODIC SCREENING,
DIAGNOSIS, AND TREATMENT (EPSDT) PROGRAM 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 Contract Amendment #5 for the Early and
Periodic Screening, Diagnosis, and Treatment (EPSDT) Program between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Weld County Department of Public Health and Environment, and the Colorado Department
of Public Health and Environment, commencing July 1, 2009, and ending December 31, 2009, with
further terms and conditions being as stated in said amendment , and
WHEREAS, after review, the Board deems it advisable to approve said amendment , a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Contract Amendment #5 for the Early and Periodic Screening, Diagnosis,
and Treatment (EPSDT) Program between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Weld County Department
of Public Health and Environment, and the Colorado Department of Public Health and Environment
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 9th day of September, A.D., 2009, nunc pro tunc July 1, 2009.
BOARD OF COUNTY COMMISSIONERS
WELD COUNY, COLORADO
ATTEST:
Weld County Clerk to t
BY
Deputy Clerk to the
APPROV D AS TO F
bunt
C y Attorney
Date of signature 1o/1/09
l '
William F. Garcia, Chair
Dougl(s Rademacher, Pro-Tem
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Sean P. Conway ,
,Kirkmeyer7
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2009-2399
HL0036
'"DC.
COLORADO
Memorandum
TO: William F. Garcia, Chair
Board of County Commissioners
FROM: Mark E. Wallace, MD, MPH, Director
Department of Public Health and \ �!
Environment A4- 1
DATE: August 27, 2009
SUBJECT: Early and Periodic, Screening,
Diagnosis and Treatment (EPSDT)
Contract Amendment NO. #5
Enclosed for Board review and approval is a contract amendment between the
Colorado Department of Health Care Policy and Financing and Weld County
Department of Public Health and Environment. This contract amendment allows the
Department of Public Health to continue EPSDT services.
Funding for this contract will be used to provide case management, outreach, and
support services for children ages birth to 21 who are on Medicaid in Weld County and
the northeast region of Colorado. Emphasis is on educating families about age
appropriate well child services and helping them utilize these services which are
available in the community.
The term of the contract is for July 1, 2009 through December 31, 2009. Funding for the
amendment period will not exceed $71,148.50. I recommend your approval of this
agreement.
Enclosure
2009-2399
CMS I/64q
Department of I lealth Care Policy and Financing
Contract Routing Number
2210-9040
CONTRACT AMENDMENT NO. 5
Original Contract Number 2106-0119, dated May 1, 2005
Amendment Number 1, Contract Routing Number 2107- 9020 dated March I. 2006
Amendment Number 2, Contract Routing Number 2108-9038 dated March I, 2007
Amendment Number 3, Contract Routing Number 2108-9185 dated April I, 2008
Amendment Number 4, Contract Routing Number 2209-9018 dated June I, 2008
1. PARTIES
This Amendment to the above -referenced Original Contract (hereinafter called the Contract) is
entered into by and between Hoard of County Commissioners of Weld County, located at 1555
North 17th Avenue. Greeley, Colorado 80631 (hereinafter called "Contractor'), and the STATE
OF COLORADO. acting by and through the Department of health Care Policy and Financing,
1570 Grant Street. Denver, Colorado 80203 (hereinafter called `Department").
2. EFFECTIVE DATE AND ENFORCEABILITY
phis Amendment shall not be effective or enforceable until it is approved and signed by the
Colorado State Controller or designee, but shall be effective and enforceable thereafter in
accordance with its provisions. The Department shall not he liable to pay or reimburse
Contractor for any performance hereunder, including, but not Iimited to, costs or expenses
incurred, or be bound by any provision hereof prior to the Effective Date.
3. FACTUAL RECITAI.S
The parties entered into the Contract to provide Early and Periodic, Screening, Diagnosis and
Treatment (EPSIJ I) outreach and case management services. The purpose of this Amendment is
to extend the performance period, to increase the not to exceed amount and to update the Special
Provisions.
4. CONSIDERATION.
Consideration for this Amendment consists of the payments to be made hereunder and the
obligations, promises, and agreements herein set forth.
5. LIMITS OF EFFECT
This Amendment is incorporated by reference into the Contract, and the Contract and all prior
amendments thereto, if any, remain in full force and effect except as specifically modified
herein.
6. MODIFICATIONS
Page 1 of 3
c 2(0T -- Jp-3 e,
The Contract and all prior amendments thereto, if any, are modified as follows:
a. The performance period set forth in Section IIIB shall he extended though
December 31, 2009.
b. The not to exceed amount set forth in Section III.C.1 shall be increased for the
period July I, 2009 through December 31, 2009 by 571,148.50 1hr a cumulative
not to exceed amount of 5585,416.50.
c. Special Provisions, pages 20a of 21 and 20h of 2 I , shall be deleted and replaced
with new Special Provisions, pages 20a of 21 and 20b of 21, dated January I,
2009, which are attached hereto and incorporated herein.
7. EFFECTIVE DATE OF AMENDMENT
The effective date hereof is September I, 2009.
8. ORDER OF PRECEDENCE
Except for the Special Provisions, in the Cv cut of any conflict, inconsistency, variance. or
contradiction between the provisions of this Amendment and any of the provisions of the
Contract, the provisions of this Amendment shall in all respects supersede. govern, and control.
The most recent version of the Special Provisions incorporated into the Contract or any
amendment shall ak av s control other provisions in the Contract or any amendments.
9. AVAILABLE FUNDS
Financial obligations of the state payable alter the current fiscal year are contingent upon funds
for that purpose being appropriated, budgeted, or otherwise made available to the Department by
the federal goverment, state government and!or grantor.
Page 2 of 3
Contract Routing Number 2210-9040
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
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:
CONTRACTOR:
Board of County Commissioners
of Weld County
Legal Name of Contra t g Entity
ut nzed Officer
By:
STATE OF COLORADO:
Bill Ritter, Jr., Governor
Joao Henneberry, Executive
Director
Department of Health Care Policy
and Financing
Date: SEP 0 9 2009 Date: 1 LC\ (I
William F. Garcia LEGAL REVIEW:
Printed Name of Authorized Officer John W. Suthcrs, Attorney General
Chair
Printed Title of Authorized Officer By:
Date:
/1/4
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.
By:
Date:
STATE CONTROLLER:
David J. McDermott, CPA
1 ,.7
)
Page 3 of 3
WELD COUNTY DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT
BY:
Mark E. Wallace, MD, MPH -Director
; 2oc 9 - ,9 3
SPECIAL PROVISIONS
(The 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 §24-10-10I 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. Any 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 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.
Issued by the Office of the Stale Controller
Rule 3-I
Page 20a of 21
Date Issued: 7/1/74
Date Revised: 1/1/09
SPECIAL PROVISIONS
(The Special Provisions apply to all contracts except where noted in italics.)
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 fttnd 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-IO2(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.
Issued by the Office of the Slate Controller
Rule 3-1 Page 20b of 21
Date Issued: 7/1/74
Date Revised: I /1 /09
fltrn
Wilk
COLORADO
Memorandum
TO: William F. Garcia, Chair
Board of County Commissioners
FROM: Mark E. Wallace, MD, MPH, Director
Department of ublic Health d
Environment GAIL
DATE: October 26, 2009
SUBJECT: Letter Revising EPSDT Contract
Amendment NO. #5
Enclosed for your approval and signature is a letter from Gina Robinson, EPSDT
Administrator, informing Weld County of revisions being made to the EPSDT (Early and
Periodic Screening, Diagnosis and Treatment) Contract Amendment Number 5 and the
revised pages to the amendment. This amendment was previously approved and
signed by the Weld County Board of Commissioners on September 9, 2009.
With these revisions, there are no substantive changes to the amendment. I
recommend your approval of the revised pages
Enclosure
/
_,6
r). - 22
/
//.2‘,-. /O
COLORADO DEPARTMENT OF HEALTH CARE POLICY & FINANCING
1570 Grant Street. Denver, CO 8 02 03-1 81 8 • (303) 866-2993 • (303) 866-4411 FAX • (303) 866-3883 TTY
Bill Ritter, Jr., Governor • Joan Henneberry, Executive Director
October 23, 2009
Judy Nero
Board of County Commissioners of Weld County
1555 N. 17th Avenue
Greeley, CO 80631
RE: Contract between Board of County Commissioners of Weld County and the
Department of Health Care Policy and Financing, Contract Routing Number 2210-9040.
Dear Judy Nero:
The Department of Health Care Policy and Financing (Department) is revising the above
referenced EPSDT Contract Amendment Number 5. This contract has been signed by your
organization, but has not yet been fully executed by the State. The revised pages are attached
and the revisions are also described below:
1. The first sentence of Section 2, "This Amendment shall not be effective or enforceable
until it is approved and signed by the Colorado State Controller or designee (hereinafter
called the "Effective Date"), but shall be effective and enforceable thereafter in
accordance with its provisions." Will be changed to "This Amendment shall not be
effective or enforceable until it is approved and signed by the Colorado State Controller
or designee, but shall be effective and enforceable thereafter in accordance with its
provisions.".
2. Section 7, "The effective date hereof is upon approval of the State Controller or their
delegate, or July 1, 2009, whichever is later" will be changed to "The effective date
hereof is September 1, 2009."
Please indicate your acceptance of these changes by completing the signature, printed name, and
date in the signature block provided — the signatory name should be the same as the signatory
of the contract.
Following signature, please fax this signed letter back to me at (303) 866-2505.
In addition, please mail the original signed copy to:
Department of Health Care Policy and Financing
1570 Grant Street
Denver, CO 80203-1818
ATTN: Gina Robinson
"The mission of the Department of Health Care Policy & Financing is to improve access to cost-effective, quality health care services for Coloradans"
http://www.chcpf.state.co.us
Department of Health Care Policy and Financing
Contract Routing Number
2210-9040
CONTRACT AMENDMENT NO. 5
Original Contract Number 2106-0119, dated May 1, 2005
Amendment Number 1, Contract Routing Number 2107- 9020 dated March 1, 2006
Amendment Number 2, Contract Routing Number 2108-9038 dated March 1, 2007
Amendment Number 3, Contract Routing Number 2108-9185 dated April 1, 2008
Amendment Number 4, Contract Routing Number 2209-9018 dated June 1, 2008
1. PARTIES
This Amendment to the above -referenced Original Contract (hereinafter called the Contract) is
entered into by and between Board of County Commissioners of Weld County, located at 1555
North 17th Avenue, Greeley, Colorado 80631 (hereinafter called "Contractor"), and the STATE
OF COLORADO, acting by and through the Department of Health Care Policy and Financing,
1570 Grant Street, Denver, Colorado 80203 (hereinafter called "Department").
2. EFFECTIVE DATE AND ENFORCEABILITY
This Amendment shall not be effective or enforceable until it is approved and signed by the
Colorado State Controller or designee, but shall be effective and enforceable thereafter in
accordance with its provisions. The Department shall not be liable to pay or reimburse
Contractor for any performance hereunder, including, but not limited to, costs or expenses
incurred, or be bound by any provision hereof prior to the Effective Date.
3. FACTUAL RECITALS
The parties entered into the Contract to provide Early and Periodic, Screening, Diagnosis and
Treatment (EPSDT) outreach and case management services. The purpose of this Amendment is
to extend the performance period, to increase the not to exceed amount and to update the Special
Provisions.
4. CONSIDERATION
Consideration for this Amendment consists of the payments to be made hereunder and the
obligations, promises, and agreements herein set forth.
5. LIMITS OF EFFECT
This Amendment is incorporated by reference into the Contract, and the Contract and all prior
amendments thereto, if any, remain in full force and effect except as specifically modified
herein.
6. MODIFICATIONS
Page 1 of 3
The Contract and all prior amendments thereto, if any, are modified as follows:
a. The performance period set forth in Section III.B shall be extended though
December 31, 2009.
b. The not to exceed amount set forth in Section III.C.1 shall be increased for the
period July 1, 2009 through December 31, 2009 by $71,148.50 for a cumulative
not to exceed amount of $585,416.50.
c. Special Provisions, pages 20a of 21 and 20b of 21, shall be deleted and replaced
with new Special Provisions, pages 20a of 21 and 20b of 21, dated January 1,
2009, which are attached hereto and incorporated herein.
7. EFFECTIVE DATE OF AMENDMENT
The effective date hereof is September 1, 2009.
8. ORDER OF PRECEDENCE
Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or
contradiction between the provisions of this Amendment and any of the provisions of the
Contract, the provisions of this Amendment shall in all respects supersede, govern, and control.
The most recent version of the Special Provisions incorporated into the Contract or any
amendment shall always control other provisions in the Contract or any amendments.
9. AVAILABLE FUNDS
Financial obligations of the state payable after the current fiscal year are contingent upon funds
for that purpose being appropriated, budgeted, or otherwise made available to the Department by
the federal government, state government and/or grantor.
Page 2 of 3
The final executed contract amendments you receive will have these changes incorporated.
Thank you for your prompt attention to this matter. If you have any questions, please feel free to
contact me at (303) 866-6167.
Sincerely,
Gina Robinson
EPSDT Administrator
Attachments
RE: Contract between Board of County Commissioners of Weld County and the
Department of Health Care Policy and Financing, Contract Routing Number
2210-9040.
CHANGES ACCEPTED BY:
William F. Garcia, Chair
Print Name
11/02/2009
Date
i
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