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HomeMy WebLinkAbout20240108.tiffco'a 11 GtoE1 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Health Management Associates Memorandum of Understanding Amendment #1. DEPARTMENT: Human Services DATE: April 2, 2024 PERSON REQUESTING: Jamie Ulrich, Director, Human Services Brief description of the problem/issue: On January 19, 2024 the Board approved a Memorandum of Understanding between the Weld County Department of Human Service (WCDHS) and Health Management Associates (HMA), known to the Board as Tyler ID 2024-0108. This MOU outlined the Scope of Work and Budget for pass through funding that Weld County will use for technical assistance and transition planning support regarding the Case Management redesign. HMA has now issued Amendment #1 to extend the Timeline for Work for Policy Support to June 30, 2024. The Amendment has been reviewed by Legal (B. Howell). What options exist for the Board? • Approval of the HMA Amendment #1. • Deny approval of the HMA Amendment #1. Consequences: WCDHS will not have an agreement in place to allow for the extended time to complete the Scope of Work by June 30, 2024. Impacts: The Case Management Agency will not have the extended time to have work completed by the due date. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): • Pass through funding provided to WCDHS = $30,250.00. (No change) • Funded through Colorado Department of Health Care Policy & Financing through Health Management Associates. The funding associated with this request is solely for the purpose of this project. Pass -Around Memorandum; April 2, 2024 - CMS ID 7999 4/1.0 2o21-0( WoO t V/ Recommendatiort • Approval ci the Amendment and authorize the Chair to sign electronically. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman Scott K. James Kevin D. Ross, Chair Lori Saine \t JteA04i, Pass -Around Memorandum; April 2, 2024 - CMS ID 7999 Karla Ford From: Sent: To: Subject: yes.' Lori Saine Lori Saine Tuesday, April 2, 2024 1:56 PM Karla Ford RE'6`="Pfease Reply PA FOR AAA`CMA Service Agreement (CMS Various) Weld County Commissioner, District 3 1150 0 Street PO Box 758 Greeley CO 80632 Phone: 970-400-4205 Fax: 970-336-7233 Email: lsaine81weldgov.com Website: www.co.weld.co.us In God We Trust Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Karla Ford <kford@weld.gov> Sent: Tuesday, April 2, 2O24 1:25 PM To: Lori Saine <Isaine@weld.gov> Subject: 6 - Please Reply - PA FOR ROUTING: AAA CMA Service Agreement (CMS Various) Importance: High Please advise if you support recommendation and to have department place on the agenda. Karla Ford Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 L/u4UJM1J11 IL, 1 I ror,rt'4lrru-Mucu-MMus- IL I J! rutvaJa AMENDMENT #1 TO MEMORANDUM OF UNDERSTANDING This First Amendment to Memorandum of Understanding ("Amendment") is made and entered into effective March 27, 2024, by and between Health Management Associates, Inc., a Michigan corporation, including its affiliates, subsidiaries, and/or parent company(ies) ("Company") and Weld County Department of Human Services ("Client"). RECITALS Company and the Client are parties to a certain Memorandum of Understanding regarding Consulting Services dated December 4, 2023 (the "Agreement"). The parties wish to amend the Agreement as further stated herein. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises, the following mutual terms and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Company and the Client agree as follows: 1. Capitalized Terms. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Agreement. 2. Amendment. The Agreement shall be amended as follows: A. Scope of Services. The Scope of Services section shall be amended as follows: The Memorandum of Understanding shall be amended according to the attached Exhibit A. 3. Ratification. Except as expressly modified and amended hereby, the Agreement and all the terms and provisions thereof are and shall remain in full force and effect and the same are hereby ratified and confirmed. In the event of a dispute between the terms of the Agreement and the terms of this Amendment, the terms of this Amendment shall control. 4. Counterparts. This Amendment may be executed in counterparts. Each executed counterpart of this Amendment will constitute an original document, and all executed counterparts, together, will constitute the same instrument. DocuSign Envelope ID: 11 FBFCF2-4CF6-49E5-AA62-12157F629353 IN WITNESS WHEREOF, the parties have executed and delivered this Amendment as of the date first above written. Health Management Associates, Inc., a Weld County Department of Human Services Michigan corporation r-DocuSigned by: ((•• Ekvi,, DocuSigned by:([wt, v. pss CB°7°gym nore:zoai's�rgi.. Name: Kelly Johnson NamevmcD. Ross Title: Chief Administrative Officer Title: Chairman HMA Project #: 203092 Revised 09/15/2023 2 o2Do2`L o /O VUI.QtylI GI IVtl1UIJC IU. 1 I It WI rvc7J:/J EXHIBIT A Per the Department of Health Care Policy and Financing (the Department), there are specific categories of technical assistance (TA) with which case management agencies (CMAs) may request support. These include: 1. Policy support 2. Legal and corporate structure support 3. Staffing capacity support 4. Transition planning and support 5. Change management training 6. Strategic and organizational planning 7. Facilitation and community planning 8. Communications strategy and planning The following definitions for each of these categories of TA are provided to help CMAs understand the scope and types of support they may receive through HMA and various subcontracted entities as part of the CMA Capacity Building project. Policy Support Assistance in accessing information about publicly available federal and state policies, in particular Colorado state policies related to the Case Management Redesign and identifying what will be needed to operationalize written policies provided by the state. Legal and Corporate Structure Support Assistance with identifying and implementing administrative, governance, finance, and management structures as it relates to CMA transition processes. Staffing Capacity Support Assistance in identifying staffing capacity needs, staff retention and recruitment, and other staffing concerns that may arise as a result of the planned transition. Transition Planning and Support Assistance to agencies in planning their transitions from their current state to the future state of their agency/community after case management redesign. Every agency is contractually obligated to submit a transition plan to the Department. Change Management Training Assistance with understanding and managing the operational and adaptive needs of all stakeholders, including (as applicable) Board members, County Commissioners, leadership teams, staff and clients for adapting to the changes driven by the CMA transitions. Focus is on support for leadership, communications, culture change, and staff training needs. 3 UUtiUJlyll GI 1VVIO, IL, I Irorl,.r,,,,, vmu-mMVL-IL 1:11 fVLVJJJ Strategic and Organizational Planning Assistance in determining the transition vision and goals of an agency and creating a roadmap for getting there. Strengths, weaknesses, opportunities and threats analysis, and support for strategic and operational planning for CMA transitions. Facilitation and Community Planning Assistance with facilitated engagement and outreach to communities, providers, and clients/families. Communications Strategy and Planning Assistance with creating communication strategies and messages to all target audiences regarding the transition. Expected Ddiverables and Timeline All services and supports funded under this MOU must be related directly to the Sub - Contractor's completion of a draft Case Management Agency Transition Plan. This Transition Plan is a requirement of the Sub -Contractor's contract with HCPF for case management services (Case Management Agency contract Closeout Plan). Final Transition Plans must be submitted to the Department based on the date that the Department determines and makes public. These Transition Plans will fulfill the Closeout Plan requirements that Sub -Contractor has with the Department as part of its Case Management Agency contract. All resources used by the Sub -Contractor in under this MOU for the purposes of its Transition Plan must be invoiced to HMA no later than July 15, 2024. The invoice from the CMA must include evidence that the deliverable was provided. This can simply be the invoice from the vendor indicating that the deliverable was produced, and an assurance of acceptance of the work (deliverable) from the CMA. Please complete the following table to define the scope of work requested, including: • Vendor for each row of activities • TA Category from above list • General description of the activity/work • Deliverable associated with each row — the same deliverable may apply to multiple rows of work, but not always • Timeline for each row • Average hourly rate for each row of work • Total Cost per row • Total cost for entire scope of work 4 VUVU.71t911 Gilpror,rL-YLrU"YJC,P,V. .-IL IUS FULUO,P.) Scope of Work and Budget Vendor Cyntegral LLC TA Category Transition Planning and Support Description of Activity Collaborative assistance with development, refinement, and writing of an Operations Guide that includes a Communication Plan, Business Continuity Plan, Start -Up Plan, and Closeout Plan. Associated Deliverable RFP UHAA 2023000170, Section 4.11.2.1 Deliverable: Operations Guide Timeline for Work TBD Per RFP Section 4.11.3.2, due within 30 business days after the Effective Date (date the contract is signed and executed) Hourly Rate $200.00 Hours 20 (Total Cost) $4,000.00 Cyntegral LLC Policy Support Per RFP UHAA 2023000170 Section 4.10.1.4: Create a Policy and Procedures Manual that contains the policies and procedures for all systems and functions necessary for the Contractor to complete its obligations under the Contract. Review, Update, and Create CMA program policies and Written Policy & Procedures that contribute to the Policies & Procedures Manual contract deliverable referenced in RFP Section 4.10.1.5.1 October 16, 2023 to June 30, 2024 Per RFP Section 4.10.1.5.2: Due no later than the operational start date $150.00 175 Due to the scope and breadth of this project, an exact amount of time cannot be provided. $26,250.00 5 UULAJ.31I CIIror,r4-4,ru.+.. ,Anuc-Ic ius ruc7.luo procedures explicitly 175 is a identified in the Per "not to RFP UHAA exceed" 2023000170. See list of examples below. amount Review, Update, and Create CMA program policies and procedures for non- SEP programs currently managed by the CCB for Service Area 9. See list of programs below. Review, Update, and Create CMA program policies and procedures for SEP programs currently managed by the SEP for Service Area 9. See list of programs below. Review, update, and the creation of policies and procedures may utilize the following 6 uv4uoi, c.v.,. nu. lc tui rucaou0 resources: a) existing P&Ps from Weld and if available other agencies, CO Regulations, Rules, and statues, b) HCPF Operational and Informational Memos, c) RFP UHAA 2023000170, and d) the draft contract associated with the RFP, Appendix B.2 County Contract Weld County SEP will determine how P&Ps are prioritized. Total requested $30,250.00 For each deliverable, the future invoice will require some evidence of the work being completed, typically an invoice from the vendor indicating the work was billed to the CMA for the work. If needed, additional deliverables may be requested to verify the work was completed. 7 Contract F Entity Information Entity Name * HEALTH MANAGEMENT ASSOCIATES INC Entity ID* @00047969 Contract Name* AMENDMENT #1 TO THE MEMORANDUM OF UNDERSTANDING Contract Status CTB REVIEW Contract ID 7999 Contract Lead * SADAMS Q New Entity? Parent Contract ID 20240108 Requires Board Approval YES Contract Lead Email Department Project # sadams@weld.gov;cobbx xlk@weld.gov Contract Description* AMENDMENT #1 TO EXTEND TERMS OF THE SCOPE OF WORK TO ALLOW UNTIL JUNE 30, 2024 TO COMPLETE THE SOW. THIS IS PASS -THROUGH FUNDING FROM HMA THAT IS BEING PAID TO CYNTAGRAL TO COMPLETE THE SCOPE OF WORK. Contract Description 2 PA ROUTED THROUGH NORMAL PROCESS. ETA TO CTB ON 04/03/24. Contract Type AMENDMENT Amount* $0.00 Renewable" NO Automatic Renewal Grant IGA Department HUMAN SERVICES Department Email CM- HumanServices@weldgov. com Department Head Email CM-HumanServices- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL RN EY@WEL DGOV.COM Requested BOCC Agenda Date * 04/10/2024 Due Date 04/06/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 04/30/2024 Committed Delivery Date Renewal Date Expiration Date* 06/30/2024 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel JAMIE ULRICH CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 04/03/2024 04/03/2024 04/03/2024 Final Approval BOCC Approved Tyler Ref # AG 041024 BOCC Signed Date Originator SADAMS BOCC Agenda Date 04/10/2024 RESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR COLORADO CHANGE MANAGEMENT REDESIGN (CMRD) FUNDING ALLOCATION FOR CASE MANAGEMENT AGENCY (CMA) AND AUTHORIZE CHAIR TO SIGN AND SUBMIT ELECTRONICALLY - HEALTH MANAGEMENT ASSOCIATES, INC. (HMA) 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 Memorandum of Understanding for Colorado Change Management Redesign (CMRD) Funding Allocation for the Case Management Agency (CMA) among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, the Colorado Department of Health Care Policy and Finance, and Health Management Associates, Inc. (HMA), commencing December 4, 2023, and ending July 15, 2024, with further terms and conditions being as stated in said memorandum of understanding, and WHEREAS, after review, the Board deems it advisable to approve said memorandum of understanding, 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 Memorandum of Understanding for Colorado Change Management Redesign (CMRD) Funding Allocation for the Case Management Agency (CMA) among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, the Colorado Department of Health Care Policy and Finance, and Health Management Associates, Inc. (HMA), be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to electronically sign and submit said memorandum of understanding. cc: HS° 02/23/24 2024-0108 HR0096 MEMORANDUM OF UNDERSTANDING FOR COLORADO CHANGE MANAGEMENT REDESIGN (CMRD) FUNDING ALLOCATION FOR CASE MANAGEMENT AGENCY (CMA) - HEALTH MANAGEMENT ASSOCIATES, INC. (HMA) PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of January, A.D., 2024, nunc pro tunc December 4, 2023. BOARD OF COUNTY COMMISSIONERS WELD CO ATTEST: ditAvo C(.;�Weld County Clerk tolthe Board BY. m . ia&k AP Deputy Clerk to the Board County Attorney Date of signature: IZ5JZLf Kevin Ross, Chair O,{,e/?A Perry L. Buc Pro-Tem Mike Fr-eman James 2024-0108 HR0096 co ae1- ( 1151 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Memorandum of Understanding with Health Management Associates and the associated Professional Services Agreement with Cyntegral. DEPARTMENT: Human Services PERSON REQUESTING: Jamie Ulrich, Director, Human Services DATE: December 27, 2023 Brief description of the problem/issue: Request Board approval of the Memorandum of Understanding between Weld County Department of Human Service (WCDHS) and Health Management Associates (HMA) and the associated Professional Services Agreement between WCDHS and Cyntegral. The MOU between HMA and WCDHS clarifies the Scope of Work and that the payments from HMA will be passed through Weld County to Cyntegral. All work listed on the approved Scope of Work will be completed by Mr. Wiley with Cyntegral on behalf of WCDHS. That work is clarified in the Professional Services Agreement between WCDHS and Cyntegral. All work has been preapproved by the Department Head. The Memorandum of Understanding and associated Professional Services Agreement have been reviewed by Legal (B. Howell.) What options exist for the Board? Approval of the Memorandum of Understanding with Health Management Associates and the associated Professional Services Agreement with Cyntegral. Deny approval of the Memorandum of Understanding with Health Management Associates and the associated Professional Services Agreement with Cyntegral. Consequences: WCDHS will not have a Memorandum of Understanding with HMA and the associated Professional Services agreement with Cyntegral in place to be eligible to receive funding from HMA to pass through to Cyntegral for the completion of work listed in the Professional Services Agreement. Impacts: The upcoming Case Management Agency designation will not have the Scope of Work completed by the due date. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): Total cost = $31,250.00 Funded through Colorado Department of Health Care Policy & Financing through Health Management Associates. The funding associated with this request is solely for the purpose of this project. Recommendation: • Approval of the Memorandum of Understanding and associated Professional Services Agreement and authorize the Chair to sign. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem o -t7 "" Mike Freeman, Chair MC( Scott K. James Kevin D. Ross Lori Saine d.5 Pass -Around Memorandum; December 27, 2023 — CMS ID TBD 2024-0108 I /10 H I2 -U09 Co Colorado Change Management Redesign (CMRD) Change Management Funding Allocation for Case Management Memorandum of Understanding MOU Number: 2023-16 Contract Title: Weld County DHS 2023-2024 THIS AGREEMENT (the "Agreement"), shall be effective this December 4, 2023 through July 15, 2024 ("Term"). This agreement will automatically renew annually unless specifically terminated by the Department of Healthcare Policy and Finance, Healthcare Management Associates (HMA), or the Sub -Contractor with at least 30 days' notice. BY AND BETWEEN Weld County Department of Human Services (hereinafter "Sub -Contractor") and HMA, created under the laws governing the State of Colorado. In consideration of the mutual promises and covenants contained herein, the Parties agree as follows: 1. FURNISHINGS: Unless otherwise set forth herein, Sub -Contractor and/or approved vendor shall provide and furnish all supplies, materiel, machinery, implements, appliances, and tools and perform the work and labor required to complete the requirements of this Agreement. The Sub -Contractor and/or approved vendor shall perform the work as specified in the proposal in Appendix A — Scope of Work and Budget Details, attached hereto and incorporated herein, which shall also include an itemized budget (the "Work"). 2. EXECUTION OF DELIVERABLES: It is understood and agreed by and between the Parties hereto that all items and/or Work included in this Agreement are to be performed under the direction of HMA as to the meaning of the said proposal and specifications of AppendixA. HMA will consult with the Colorado Department of Health Care Policy and Financing (HCPF) as to the specifications of AppendixA and their direction on such shall be considered final. The Parties further agree HMA may amend and supplement AppendixA by furnishing Sub - Contractor with additional specifications as may be necessary to illustrate the items to be furnished or Work to be done. Sub -Contractor agrees to conform to and abide by such amendments/supplements to AppendixA which are consistent with the purpose and intent of the original proposal and specification referred to in Section 1 herein. 3. DISTRIBUTION OF FUNDS: The Parties shall comply with the following process for drawing funds: After execution of this MOU and release of funds by HCPF, HMA shall allocate amounts based on the criteria set forth below. a. Sub -Contractor shall identify specific technical assistance services or transition plan supports to be performed using the allocated funds that is consistent with and meets 2024 -01 O FS the list of approved services and supports as determined by HMA and approved by HCPF. b. Sub -Contractor shall identify the specific vendor(s), including estimated payment amount, it would like to use to provide the needed technical assistance or transition plan services from the approved list of such resources maintained by HMA. If vendor(s) the Sub -Contractor wants to use are not on the approved HMA list, the Sub -Contractor may request that HMA review proposed vendor(s) for approval and inclusion. HMA shall not make payments to the Sub -Contractor for any vendors that do not have prior approval from HMA. c. Sub -Contractor must submit a detailed invoice to HMA for the services performed by the approved vendor(es). Invoices must include: a. Organization name b. Specific services performed or supports provided by vendor c. Name(s) of individual(s) that performed each service or provided each support d. An evaluation of the vendors' services and Sub -Contractor's satisfaction with them (format to be provided by HMA) d. Invoices must be submitted to HMA by the Sub -Contractor no later than 15 calendar days after the vendor(s) have completed services or supports for the Sub - Contractor. e. HMA will review invoices for accuracy and completeness. Approved invoices will be paid to the Sub -Contractor within 30 days of HMA's receipt and approval. Invoices that are not approved will be sent back to the Sub -Contractor for revisions or rejected for non-compliance with MOU requirements. Parties agree that additional funding for funding in 2023 and the first half of 2024 is contingent upon the continued funding by HCPF to HMA, and upon the successful progress by the Sub -Contractor as determined solely by HMA and HCPF. If HMA reasonably determines that the Sub -Contractor has not fulfilled the requirements of this Agreement, HMA may, in collaboration with HCPF, withhold the distribution of funds to the Sub -Contractor. Changes to Appendix A and Budget Details may be made upon prior written amendment to this MOU. 4. ABANDONMENT OF DUTIES: If HMA reasonably determines that (i) the Work to be done under this Agreement is unnecessarily or unreasonably delayed by Sub -Contractor, (ii) Sub - Contractor has breached any provision of this Agreement, (iii) Sub -Contractor has assigned this Agreement otherwise than as herein specified, (iv) Sub -Contractor has failed to provide all supplies, material, machinery, implements, appliances and tools or fails to perform the Work as set forth in the proposal and specifications of Appendix A, in whole or in part, then HMA may notify the Sub -Contractor in writing to discontinue all Work or any part thereof ("Discontinue Work Notice"). Upon receipt of such Discontinue Work Notice, Sub - Contractor shall discontinue such Work or such part thereof as HMA may designate and HMA may thereupon, by a contract or otherwise, as it may determine, complete the Work set forth in the Discontinue Work Notice, or such part thereof, and Sub -Contractor shall indemnify and pay HMA for the expended amount of so completing the Work or part thereof ("Damages"). 2 All Damages incurred by HMA under this Section 5 shall be withheld or deducted from any moneys then due, or to become due, to the Sub -Contractor under this Agreement. In the event the Damages incurred are less than the sum which would have been payable under the Agreement if the same had been completed by the Sub -Contractor, the Sub -Contractor shall be entitled to receive the difference and in the event such Damages incurred shall exceed the said sum, the Sub -Contractor shall pay the amount of excess to HMA for the completion of the Work. 5. PROOF OF PERFORMANCE: It is further mutually agreed between the Parties hereto that no payment made under this Agreement shall be conclusive evidence of the performance of this Agreement, either wholly or in part, and that no payment hereunder shall be construed to bean acceptance of defective work. 6. REPORTING: The Parties agree that the Sub -Contractor shall be responsible for reporting the outcomes. The Sub -Contractor shall submit reports to HMA and HCPF on the schedule set forth below. Sub -Contractor shall submit all the reports in accordance with the mutually agreed upon evaluation plan and in the formats required by HMA. Such interim and final reports shall detail the actual expenditures against allocations and the initiative's outcomes based on an approved logic model. Report Schedule a. Reports shall be included as part of each invoice submitted to HMA by the Sub - Contractor and shall consist of an evaluation of the hired resources' services and Sub - Contractor's satisfaction with them (format to be provided by HMA) 7. SUB -CONTRACTING: It is further understood and agreed by and between the Parties hereto that the Sub -Contractor is entitled to hire or pay for vendors to effectively execute Work described in Appendix A. All resources must be selected from a pool of vendors approved by HMA. Any new vendors proposed by the Sub -Contractor must be approved by HMA prior to being used for any services or supports related to Work denoted in Appendix A. At any time, the HMA may require cancellation of work by any resources, with or without cause. 8. TERM AND TERMINATION: Any extension of the Term will be subject to mutual written agreement between the Parties. This Agreement may be terminated by the HMA as follows: (i) in the event of a material breach by Sub -Contractor which remains uncured for a period of fourteen (14) days following receipt of written notice thereof; (ii) upon fourteen (14) days prior written notice, if the performance of this Agreement by Sub - Contractor would be in violation of any laws, requirements or regulations; (iii) immediately in the event that HCPF fails to appropriate funds or funds become unavailable by operation of law or fund reduction; or (iv) upon thirty (30) days prior written notice to Sub -Contractor for any reason or no reason at all. In the event of termination of this Agreement, Sub -Contractor agrees to immediately relinquish any un- used funds as of the date of termination and/or any funds HMA, in its sole discretion, determines were not used in accordance with the terms of this Agreement. 3 9. NOTICE: All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each a "Notice") shall be in writing and addressed to the Parties at the addresses as may be designated by the receiving Party from time to time in accordance with this Section. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees prepaid), facsimile or email (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only if (a) the receiving Party has received the Notice and (b) the Party giving the Notice has complied with the requirements of this Section. 10. ENTIRE AGREEMENT: This Agreement, together with any other documents incorporated herein by reference, including Appendix A, and related exhibits and schedules, constitutes the sole and entire agreement of the Parties to this Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. 11. AMENDMENT: Except as set forth in Section 3 with regard to amending Appendix A, this Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each Party hereto, and any of the terms thereof may be waived, only by a written document signed by each Party to this Agreement or, in the case of waiver, by the Party or Parties waiving compliance. 12. GOVERNING LAW: This Agreement and all related documents, including all appendix or schedules attached hereto, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Colorado. 13. SEVERABILITY: If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. 14. EXECUTION IN COUNTERPART: This Agreement may be executed in multiple counterparts and by e-mail or facsimile signature, each of which shall be deemed an original and all of which together shall constitute one instrument. 4 DocuSign Envelope ID: 4D3C733E-DC0E-4975-B368-B677B0774BD4 IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed by its authorized representative on the day and year written below: ATTEST: 4 (t4' Clerk to the Boar BY SUB -CONTRACTOR: Weld County Department of Human Services BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Bv. e-DocuSigned by: 5926 FSC17F48b... Kevin Ross, Chair Date: January 19, 2024 I 5:57 EST HEALTH MANAGEMENT ASSOCIATES, INC. DocuSignedby: By: �..a.te„rner�o... (SIGNATURE) Name: Kelly Johnson Title: Chief Administrative Officer Date: January 18, 2024 I 2:02 PST In the case of a corporation, firm, or partnership, this contract must be signed by the appropriate officials of such corporation, firm or partnership. 5 aoa, e / T Appendix A. Scope of Work and Budget Details Approved Areas of Technical Assistance and Transition Planning Support There are specific areas of Technical Assistance and Transition Planning Support for Sub -Contractors that are approved by HMA for funding under this MOU. These include: Policy Support Assistance in accessing information about publicly available federal and state policies, in particular Colorado state policies related to the Case Management Redesign and identifying what will be needed to operationalize written policies provided by the state. Legal and Corporate Structure Support Assistance with identifying and implementing administrative, governance, finance, and management structures as it relates to CMA transition processes. Staffing Capacity Support Assistance in identifying staffing capacity needs, staff retention and recruitment, and other staffing concerns that may arise as a result of the planned transition. Transition Planning and Support Assistance to agencies in planning their transitions from their current state to the future state of their agency/community after case management redesign. Every agency is contractually obligated to submit a transition plan to the Department. Change Management Training Assistance with understanding and managing the operational and adaptive needs of all stakeholders, including (as applicable) Board members, County Commissioners, leadership teams, staff and clients for adapting to the changes driven by the CMA transitions. Focus is on support for leadership, communications, culture change, and staff training needs. Strategic and Organizational Planning Assistance in determining the transition vision and goals of an agency and creating a roadmap for getting there. Strengths, weaknesses, opportunities and threats analysis, and support for strategic and operational planning for CMA transitions. Facilitation and Community Planning Assistance with facilitated engagement and outreach to communities, providers, and clients/families. Communications Strategy and Planning Assistance with creating communication strategies and messages to all target audiences regarding the transition. Expected Deliverables and Timeline All services and supports funded under this MOU must be related directly to the Sub - Contractor's implementation of a draft Case Management Agency Transition Plan. This 6 Transition Plan is a requirement of the Sub -Contractor's contract with HCPF for case management services (Case Management Agency contract Closeout Plan). All resources used by the Sub -Contractor in under this MOU for the purposes of its Transition Plan must be invoiced to HMA no later than July 15, 2024. The invoice from the CMA must include evidence that the deliverable was provided. This can simply be the invoice from the vendor indicating that the deliverable was produced, and an assurance of acceptance of the work (deliverable) from the CMA. Budget and Scope of Work to be provided to WCDHS/SEP: fendor TA Category Description of Activity Associated Deliverable Tirneline for Work Hourly Rate Hours (Total Cost) Cyntegral LLC Transition Planning and Support Collaborative assistance with development, refinement, and writing of an Operations Guide that includes a Communication Plan, Business Continuity Plan, Start -Up Plan, and Closeout Plan. RFP UHAA 2023000170 Section 4.11.2.1 Deliverable: Operations Guide TBD Per RFP Section 4.11.3.2, due within 30 business days after the Effective Date date the contract is signed and executed) $200.00 20 $4,000.00 Cyntegral LLC Policy Support Per RFP UHAA 2023000170 Section 4.10.1.4: Create a Policy and Procedures Manual that contains the policies and procedures for all systems and functions necessary for the Contractor to complete its obligations under the Contract. Review, Update, and Create CMA program policies and procedures explicitly identified in the Per RFP UHAA 2023000170. See list of examples below. Written Policy & Procedures that contribute to the Policies & Procedures Manual contract deliverable referenced in RFP Section 4.10.1.5.1 October 16, 2022 to February 15, 2024 Per RFP Section 4.10.1.5.2: Due no later than the operation al start date $150.00 175 Due to the scope and breadth of this project, an exact amount of time cannot be provided. 175 is a "not to exceed" amount $26,250 7 Review, Update, and Create CMA program policies and procedures for non- SEP programs currently managed by the CCB for Service Area 9. See list of programs below. Review, Update, and Create CMA program policies and procedures for SEP programs currently managed by the SEP for Service Area 9. See list of programs below. Review, update, and the creation of policies and procedures may utilize the following resources: a) existing P&Ps from Weld and if available other agencies, CO Regulations, Rules, and statues, b) HCPF Operational and Informational Memos, c) RFP UHAA 2023000170, and d) the draft contract associated with the RFP, Appendix B.2 County Contract Weld County SEP will determine how P&Ps are prioritized. Policy and Procedure Categories Policy and Procedures — RFP examples • Emergency On -Call Procedure • Member Abuse, Neglect, and Exploitation Investigation 8 • Individual Rights Policy • Exceptions Policy. See HCPF Operational Memo OM -23-056 Policies and Procedures — Non-SEP Programs • HCBS Children's Extensive Supports Waiver (HCBS-CES) HCBS Children's Habilitation Residential Program Waiver (HCBS-CHRP) HCBS Developmental Disabilities Waiver (HCBS-DD) • HCBS Supported Living Services Waiver (HCBS-SLS) • Intermediate Care Facilities — Intellectual and Developmental Disability (ICF-IDD) • State General Fund Programs • Family Support Services Program (FSSP) • Omnibus Reconciliation Act of 1987 Specialized Services program (OBRA-SS) • State Supported Living Services (State-SLS). Policies and Procedures — SEP Programs • Children's Home and Community Based Services Waiver (CHCBS) HCBS Community Mental Health Supports Waiver (HCBS-CMHS) HCBS Waiver for Children with a Life Limiting Illness (HCBS-CLLI) • HCBS Waiver for Complimentary and Integrative Health (HCBS-CIH) • HCBS Waiver for Persons who are Elderly, Blind and Disabled (HCBS-EBD) • HCBS Wavier for Persons with Brain Injury (HCBS-BI) • Hospital Back -Up Program (HBU) • Long Term Home Health (LTHH) • Nursing Facilities (NF) Program for All -Inclusive Care for the Elderly (PACE) Policy, Procedures, and practices for managing and submitting monthly billing Terms and Conditions Upon the delivery and endorsement of all deliverables by Weld County SEP, the final remuneration will be due. For each deliverable, the future invoice will require some evidence of the work being completed, typically an invoice from the vendor indicating the work was billed to the CMA. If needed, additional documentation may be requested to verify the work was completed. Confidentiality Any shared data, documents, or information during this contractual term will remain undisclosed and won't be revealed to any third parties without Weld County SEP's written agreement. Out of Scope Services and Supports The Sub -Contractor agrees that it shall not use any funding provided by HMA under this MOU for any alcohol or any tobacco products. 9 Contract Form Entity Information Entity Name* HEALTH MANAGEMENT ASSOCIATES INC Contract Name* MEMORANDUM OF UNDERSTANDING Contract Status CTB REVIEW Entity ID* @00047969 Q New Entity? Contract ID 7737 Contract Lead* SADAMS Contract Lead Email sadams@weld.gov;cobbx xlk@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description* MOU BETWEEN WCDHS AND HMA TO RECEIVE PASS -THROUGH FUNDING FROM HMA THAT WILL BE PAID TO CYNTAGRAL TO COMPLETE THE SCOPE OF WORK. Contract Description 2 PA ROUTED THROUGH NORMAL PROCESS ON 01/02/24 Contract Type* Department Requested BOCC Agenda Due Date AGREEMENT HUMAN SERVICES Date* 01/06/2024 01/10/2024 Amount* $31,250.00 Renewable* NO Automatic Renewal Grant IGA Department Email CM- HumanServices@weldgov. com Department Head Email CM-HumanServices- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 02/29/2024 Committed Delivery Date Renewal Date Expiration Date* 03/31/2024 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel JAMIE ULRICH CHRIS D'OVIDIO BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 01/05/2024 01/08/2024 01/08/2024 Final Approval BOCC Approved Tyler Ref # AG 011024 BOCC Signed Date Originator SADAMS BOCC Agenda Date 01/10/2024 Hello