HomeMy WebLinkAbout20230472.tiffLori Saine
RESOLUTION
RE: APPROVE AMENDMENT #2 TO CONTRACT FOR BEHAVIORAL HEALTH GRANT
PROGRAM FOR HIGH-FIDELITY WRAPAROUND PROJECT AND AUTHORIZE
CHAIR TO SIGN AND SUBMIT ELECTRONICALLY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with Amendment #2 to the Contract for the
Behavioral Health Grant Program for the High -Fidelity Wraparound Project between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Department of Human Services, and the Colorado Department of Human
Services, Behavioral Health Administration, commencing upon full execution of signatures, and
ending June 30, 2023, 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 Amendment #2 to the Contract for the Behavioral Health Grant
Program for the High -Fidelity Wraparound Project between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, on behalf of the Department
of Human Services, and the Colorado Department of Human Services, Behavioral Health
Administration, 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 amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of February, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELDDCOUNTY, COLORADO
ATTEST: dakt) sid,;(k
Weld County Clerk to the Board
BY: 1/6
Deputy Clerk to the Boar
APP 'VED AS
County Attorney
Date of signature: 92-/25113
cc:I-tsD, AcT(cP/co)
o2/2g/23
o-Tem
2023-0472
HR0095
L-\ack iUthrtsi
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: January 31, 2023
TO: Board of County Commissioners — Pass -Around
FR: Jamie Ulrich, Director, Human Services
RE: Colorado Department of Human Services (CDHS)
County Behavioral Health Grant Program Contract
Amendment #2
Please review and indicate if you would like a work session prior to placing this item on the
Board's agenda.
Request Board Approval of the Department's Colorado Department of Human Services
(CDHS) County Behavioral Health Grant Program Contract Amendment #2. The
Department was awarded a grant and entered into a Contract with the Colorado Department of
Human Services (CDHS) Office of Behavioral Health (OBH) to develop and implement a High -
Fidelity Wraparound (HFW) Team. This Contract is known to the Board as Tyler ID 2022-1204.
Amendment #2 will update the invoicing requirement to once per fiscal year, add the provisions
that the Behavioral Health Administration (BHA) will review the County's final report of
expenditures and conduct a reconciliation, and require repayment of funds if expenditures are
considered unearned. The total amount awarded and scope of the project will remain the same.
I do not recommend a Work Session. I recommend approval of this Amendment and authorize
the Chair to sign electronically via DocuSign.
Approve
Recommendation
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
Schedule
Work Session Other/Comments:
Pass -Around Memorandum; January 31, 2023 - CMS ID 6651
p9na 1
2023-0472
O Z/15 V -00c13
DocuSign Envelope ID: 2DA5B4BF-BDA2-44F4-95F1-7933D3E252EE
CONTRACT AMENDMENT #2
SIGNATURE AND COVER PAGE
State Agency
Colorado Department of Human Services
Behavioral Health Administration
Original Contract Number
22 IHJA 173951
Contractor
Weld County Department of Human Services
Amendment Contract Number
23 IBEH 180889
Current Contract Maximum Amount
Initial Term
State Fiscal Year 2022 +2023 $680,165*
Extension Terms
N/A
* See Exhibit B-1 — Budget for fiscal year detail
Total for All State Fiscal Years $680,165
Contract Performance Beginning Date
May 23, 2022
Current Contract Expiration Date
June 30, 2023
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment
and to bind the Party authorizine his or her sienature.
CONTRACTOR
Weld County Department of Human Services
CDocuSigned by:
Atitt. Frt.f."Aln,
STATE OF COLORADO
Jared Polis, Governor
Colorado Department of Human Services
Michelle Barnes, Executive Director
DocuSigned by:
[Pr. koroalo, M t hd,
By: Mike Freeman, Chair o ie it 4`ra'of Commissioners
By: Dr. Morgan Medlock, Co miss3"�io9 e , Behavioral Health
Administration
Date: 2/16/2023
Date: 2/21/2023
In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
p--DocuSigned by:
/i�r+n: l ilran.4Ow
By:
Andrea Euric�Ti Yi on `YiF1'iamson
Amendment Effective Date: 2/21/2023
Amendment Contract Number: 23 IBEH 180889 Page 1 of 3
Rev. 1/14/19
1. PARTIES
This Amendment (the "Amendment") to the Original Contract shown on the Signature and Cover
Page for this Amendment (the "Contract") is entered into by and between the Contractor, and the
State.
2. TERMINOLOGY
Except as specifically modified by this Amendment, all terms used in this Amendment that are
defined in the Contract shall be construed and interpreted in accordance with the Contract.
3. AMENDMENT EFFECTIVE DATE AND TERM
A. Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment Effective Date
shown on the Signature and Cover Page for this Amendment. The State shall not be bound
by any provision of this Amendment before that Amendment Effective Date, and shall have
no obligation to pay Contractor for any Work performed or expense incurred under this
Amendment either before or after of the Amendment term shown in §3.B of this Amendment.
B. Amendment Term
The Parties' respective performances under this Amendment and the changes to the Contract
contained herein shall commence on the Amendment Effective Date shown on the Signature
and Cover Page for this Amendment and shall terminate on the termination of the Contract.
4. PURPOSE
The purpose of this Contract is to provide grants to county departments of human or social services
for the expansion or improvement of local or regional behavioral health disorder treatment
programs.
The purpose of this Amendment is to replace Exhibit C-1.
5. MODIFICATIONS
The Contract and all prior amendments thereto, if any, are modified as follows:
A. REPLACE Exhibit C-1 with Exhibit C-2, attached, and incorporated by reference.
6. LIMITS ON EFFECT AND ORDER OF PRECEDENCE
This Amendment is incorporated by reference into the Contract, and the Contract and all prior
amendments or other modifications to the Contract, if any, remain in full force and effect except
as specifically modified in this Amendment. Except for the Special Provisions contained in the
Contract, in the event of any conflict, inconsistency, variance, or contradiction between the
provisions of this Amendment and any of the provisions of the Contract or any prior modification
to the Contract, the provisions of this Amendment shall in all respects supersede, govern, and
control. The provisions of this Amendment shall only supersede, govern, and control over the
Special Provisions contained in the Contract to the extent that this Amendment specifically
modifies those Special Provisions.
Amendment Contract Number: 23 IBEH 180889 Page 2 of 3 Rev. 1/14/19
Exhibit C-2
Exhibit C-2
Miscellaneous Provisions
I. General Provisions and Requirements
A. Finance and Data Protocols
The Contractor shall comply with the Behavioral Health Administration's (BHA) most current
Finance and Data Protocols and the Behavioral Health Accounting and Auditing Guidelines, made
a part of this Contract by reference.
B. Marketing and Communications
The Contractor shall comply with the following marketing and communications requirements:
1. Reports or Evaluations. All reports or evaluations funded by BHA must be reviewed by
BHA staff; including program, data, and communications, over a period of no fewer
than 15 business days. The Contractor may be asked to place a report or evaluation on
a BHA template and the report or evaluation is required to display the BHA logo. The
Contractor shall submit the finished document to BHA in its final format and as an
editable Word or Google document.
2. Press Releases. All press releases about work funded by BHA must note that the work
is funded by the Colorado Department of Human Services, Behavioral Health
Administration. Press releases about work funded by BHA must be reviewed by BHA
program and communications staff over a period of no fewer than five business days.
3. Marketing Materials. Contractor shall include the current Colorado Department of
Human Services, Behavioral Health Administration logo on any marketing materials,
such as brochures or fact sheets, that advertise programs funded by this Contract.
Marketing materials must be approved by the Contract's assigned BHA program
contract over a period of no fewer than 5 business days.
4. All Other Documents. All other documents published by the Contractor about its BHA -
funded work, including presentations or website content, should mention the Colorado
Department of Human Services, Behavioral Health Administration as a funder.
5. Opinion of BHA. BHA may require the Contractor to add language to documents that
mention BHA reading: "The views, opinions and content expressed do not necessarily
reflect the views, opinions or policies of the Colorado Department of Human Services,
Behavioral Health Administration."
C. Start-up Costs
If the State reimburses the Contractor for any start-up costs and the Contractor closes the program
or facility within three years of receipt of the start-up costs, the Contractor shall reimburse the State
for said start-up costs within sixty (60) days of the closure. The Contractor is not required to
reimburse the State for start-up costs if the facility or program closure is due to BHA eliminating
funding to that specific program and/or budget line item.
Amendment Contract Number: 23 IBEH 180889 Page 1 of 5
Exhibit C-2
D. Immediate Notification of Closures / Reductions in Force
If the Contractor intends to close a facility or program, it shall notify the BHA Contracts Unit at
least five business days prior to the closure. Similarly, if the Contractor, or any sub -contractor
provider, intends to conduct a reduction in force which affects a program funded through this
contract, the Contractor shall notify the BHA Contracts Unit at least five business days prior to the
layoffs.
E. Licensing and Designation Database Electronic Record System (LADDERS)
The Contractor shall use LADDERS (http://www.colorado.gov/ladders) as needed and/or as
required by rule to submit applications for BHA licensing and designation, keep current all provider
directory details, and submit policies and procedures.
F. Contract Contact Procedure
The Contractor shall submit all requests for BHA interpretation of this Contract or for amendments
to this Contract to the BHA Contract Manager.
G. The Contractor shall comply with all the provisions and requirements of RFP IHJA
2022000092.
H. Continuity of Operations Plan
1. In the event of an emergency resulting in a disruption of normal activities, BHA may
request that Contractor provide a plan describing how Contractor will ensure the
execution of essential functions of the Contract, to the extent possible under the
circumstances of the inciting emergency ("Continuity of Operations Plan" or "Plan").
2. The Continuity of Operations Plan must be specific and responsive to the circumstances
of the identified emergency.
3. BHA will provide formal notification of receipt of the Continuity of Operations Plan to
the Contractor.
4. The Continuity of Operations Plan will not impact or change the budget or any other
provisions of the contract, and Contractor's performance will be held to the same
standards and requirements as the original Contract terms, unless otherwise specified in
the Continuity of Operations Plan.
5. Any submitted Continuity of Operations Plan will be ratified as an amendment to the
contract as soon as possible.
6. Contractor shall communicate, in a format mutually agreed upon by BHA and
Contractor staff, on a frequency that supports the monitoring of services under the
Continuity of Operations Plan. If adjustments are needed to the Plan, such adjustments
will be made in writing and accompanied by written notice of receipt from BHA.
Amendment Contract Number: 23 IBEH 180889 Page 2 of 5
Exhibit C-2
a. As part of the BHA/Contractor communication during the emergency,
Contractor and BHA will evaluate whether the emergency has resolved such
that normal operations may be resumed.
b. Contractor and BHA will agree in writing when the emergency is sufficiently
resolved and agree to a closeout period that is four weeks or less.
c. BHA will submit notice accepting the termination of the Continuity of
Operations Plan to the Contractor as the final action for any qualifying
emergency response.
I. Cultural Responsiveness in Service Delivery
1. The Behavioral Health Administration expects funding dollars to support equity in
access, services provided, and behavioral health outcomes among individuals of all
cultures, gender identities, sexual orientations, races, and ethnicities. Accordingly,
Contractors should collect and use data to: (1) identify priority populations vulnerable
to health disparities encompassing the contractor's entire geographic service area (e.g.,
racial, ethnic, limited English speaking, indigenous, sexual orientation, gender identity
groups, etc.) and (2) implement strategies to decrease the disparities in access, service
use, and outcomes —both within those subpopulations and in comparison to the general
population.
2. One strategy for addressing health disparities is the use of the recently revised National
Standards for Culturally and Linguistically Appropriate Services in Health and Health
Care (CLAS). The U.S. Department of Health and Human Services (HHS) Think
Cultural Health website (https://thinkculturalhealth.hhs.gov) also features information,
continuing education opportunities, resources, and more for health and health care
professionals to learn about culturally and linguistically appropriate services, or CLAS.
3. Contractors providing direct behavioral health prevention, treatment, or recovery
services shall submit one of the following two documents to
cdhs BHAdeliverables@state.co.us by August 31 annually:
a. If a provider has completed an equity plan that identifies how they will address
health equity, they can submit the plan or;
b. Submit a completed CLAS checklist that follows this HHS format:
https://thinkculturalhealth.hhs.gov/assets/pdfs/AnImplementationChecklistfort
heNationalCLASStandards.pdf
J. Prohibition on Marijuana. Funds may not be used, directly or indirectly, to purchase, prescribe,
or provide marijuana or treatment using marijuana. Treatment in this context includes the
treatment of opioid use disorder. Funds also cannot be provided to any individual who or
organization that provides or permits marijuana use for the purposes of treating substance use
or mental disorders. This prohibition does not apply to those providing such treatment in the
context of clinical research permitted by the DEA and under an FDA -approved investigational
Amendment Contract Number: 23 IBEH 180889 Page 3 of 5
Exhibit C-2
new drug application where the article being evaluated is marijuana or a constituent thereof that
is otherwise a banned controlled substance under federal law.
II. Use of Subcontracts.
A. Services described in this Contract may be performed by Contractor or by a subcontractor,
except where this Contract states explicitly that a service must not be subcontracted.
1. Contractor shall ensure that its subcontractors perform to the terms of this Contract as
set forth in the Contract provisions.
B. Any subcontract for services must include, at a minimum, the following:
1. A description of each partner's participation
2. Responsibilities to the program (policy and/or operational)
3. Resources the subcontractor will contribute, reimbursement rates, services to be included
and processes in collecting and sharing data and the most recent CDHS version of the
HIPAA Business Associates Addendum, if this Contract contains the HIPAA Business
Associates Addendum/Qualified Service Organization Addendum as an exhibit.
4. A copy of this Contract and all its terms and conditions.
C. The Contractor shall provide to BHA a copy of any proposed subcontract between the
Contractor and any potential provider of services to fulfill any requirements of this Contract, to
cdhs BHAdeliverables(n,state.co.us within 30 days of subcontract execution.
D. BHA reserves the right to require Contractor to renegotiate subcontracts where necessary to
adhere to the terms of this Contract.
E. Subcontractor/Partnership Termination. In the event where partnerships with a subcontractor
such as a treatment provider is terminated, the Contractor shall transition to a new partnership
no later than 30 days from termination to ensure continuity of care for all participants of the
program.
III.Financial Requirements
A. Funding Sources
1. The Contractor shall identify all funds delivered to subcontractors as state general fund,
state cash funds, or federal grant dollars in Exhibit B-1, "Budget."
2. If a Single Audit is performed in accordance with Section IV.B. above, the Contractor shall
report the amount of the federal grant identified in the budget under the CFDA number
identified on the first page of this Contract.
3. The Contractor shall communicate the CFDA number to all sub -contractors in their sub-
contracts.
Amendment Contract Number: 23 IBEH 180889 Page 4 of 5
Exhibit C-2
B. Budget Reallocations
1. The Contractor may reallocate funds between the budget categories of this contract, up to
10% of the total contract amount, upon written approval by BHA, without a contract
amendment. Any allowable reallocation is still subject to the limitations of the
Not to Exceed and the Maximum Amount Available per Fiscal Year.
C. Payment Terms
1. The Contractor shall invoice once per fiscal year for the full amount allocated to Contractor
for that fiscal year. An invoice for FY22 may be submitted upon contract execution. An
invoice for FY23 may be submitted on or after July 1, 2022. For Contractors using a
calendar fiscal year, more invoices may be submitted to align with the calendar year's
budget.
2. On or after July 20th, BHA shall review the Contractor's final report of actual expenditures
and conduct a reconciliation between disbursements and actual expenditures.
3. Any funds disbursed from BHA to the Contractor without corresponding expenses incurred
in the previous two contract years, shall be considered unearned by the Contractor and shall
require a repayment of funds from the Contractor to the State no later than September 15th
of the following state fiscal year.
4. The Contractor shall utilize the invoice template(s) provided by BHA.
5. All payment requests shall be submitted electronically to
CDHS BHApaymenl05istate.co.us
6. Any requests for payment received after September 10th for the prior state fiscal year
cannot be processed by BHA.
7. The State will make payment on invoices within 45 days of receipt of a correct and
complete invoice to CDHSBHApayment@state.co.us. Consequently, the Contractor
must have adequate solvency to pay its expenses up to 45 days after invoice submission to
the State.
Amendment Contract Number: 23 IBEH 180889 Page 5 of 5
Contract Form
New Co
Request
iota
Entity Name. Entity ID
COLORADO DEPARTMENT OF HUMAN O00003650
SERVICES
Contract Name.
COLORADO DEPARTMENT OF HUMAN SERVICES
(AMENDMENT #2 TO THE COUNTY BEHAVIORAL HEALTH
GRANT
Contract Status
CTB REVIEW
Contract ID
6651
Contract Lead.
COBBXXLK
❑ New Entity?
Parent Contract ID
20221204
Requires Board Approval
YES
Contract Lead Email Department Project
cobbxxlk,?co.weld.co.us
Contract Description
REVISING MISC PROVISIONS - INVOICING . NO CHANGES TO THE BUDGET TOTAL AMOUNT, OR TO THE TERMS, ACTIVITIES
AND OBLIGATIONS OF THE AGREEMENT. AMENDMENT WILL BE SIGNED MA DOCUSIGN. GRANT AGREEMENT ID (2022-1204)
GRANT APPLICATION ID (2021-3152)
Contract Description 2
PA ROUTING THROUGH THE NORMAL PROCESS. ETA TO CTB: 02:02,:23.
Contract Type.
AMENDMENT
Amount.
$680,165.00
Renewable.
NO
Automatic Renewal
Department
HUMAN SERVICES
Department Email
CM-
HurnanServicese_xweldgov.co
Department Head Email
CM-HumanServices-
DeptHead tWeldgov.corn
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTORN EY@WELDG
OV.COM
Requested 11OCC Agenda
Date
02;£08, 202.3
Due Date
02/04,:2023
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 VISA enter RSA Contract ID
Note= the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Contract Date
Effective Date
Review Date.
05/01/2023
Renewal Date
Notice Period
Contact Information
Co
Contact Name
Purchasing
Purchasing Approver
Apprtval
Department Head
JAMIE ULRICH
DH Approved Date
02,/0612023
Final Jpproral
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
02;1512023
P
Originator
COBBXXLK
cess
Contact Type
Committed Delivery Date
Expiration Date.
06;30;2023
Contact Email Contact Phone 1
Purchasing Approved Date
Finance Approver
CHERYL PATTELLI
Finance Approved Date
02,'0712023
Tyler Ref #
AG 021523
Legal Counsel
MATTHEW CONROY
Contact Phone 2
Legal Counsel Approved Date
02/07:2023
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