HomeMy WebLinkAbout20223238.tiffRESOLUTION
RE: APPROVE MASTER TASK ORDER CONTRACT AMENDMENT #1 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 a Master Task Order Contract
Amendment #1 between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Public Health and
Environment, and the Colorado Department of Public Health and Environment, commencing upon
full execution of signatures, and ending June 30, 2027, 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 Master Task Order Contract Amendment #1 between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Department of Public Health and Environment, and the Colorado Department of
Public Health and Environment, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to 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 21st day of November, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddrA4A) Jeft.;„k
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boar
APPR• DASTOF
ounty Attorn
Date of signature: I t/.3 /22
Scott K. James, Chair
man, Pro -T
teve Moreno
,,e" '53'4°6 -
Lori Saine
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2022-3238
HL0054
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Memorandum
TO: Scott James, Chair
Board of County Commissioners
FROM: Gene O'Hara, Interim Executive Director
Department of Public Health &
Environment
DATE: November 8, 2022
SUBJECT: CDPHE Five -Year Master Task Order
Contract, Amendment 1
For the Board's approval is an amendment to our Five -Year Master Task Order (MTO)
Contract between the State of Colorado on behalf of the Colorado Department of Public
Health and Environment (CDPHE) and the Board of County Commissioners of Weld
County for the use and benefit of the Weld County Department of Public Health and
Environment (WCDPHE).
In June of this year, the Board approved the current Five -Year Master Task Order
(MTO) Contract between the Colorado Department of Public Health & Environment
and the Weld County Department of Public Health & Environment that governs all
contracts between the parties for that five-year period. The intent of this amendment to
the five-year MTO is to remove language from section 10B Insurance -Subcontractor
Requirements, in the MTO because the state has determined that these requirements
place an undue burden on subcontractors receiving funding from local public health
agencies working under various programming contracts with CDPHE. Specifically, it
will remove language related to liability insurances the state required to be held by
subcontractors as detailed below:
10B Insurance - Subcontractor Requirements
iv. Protected Information
Liability insurance covering all loss of State Confidential Information, such as PII, PHI,
PCI, Tax Information, and CJI, and claims based on alleged violations of privacy rights
through improper use or disclosure of protected information with minimum limits as
follows:
a. $1,000,000 each occurrence; and
b. $2,000,000 general aggregate.
v. Professional Liability Insurance
Professional liability insurance covering any damages caused by an error, omission
or any negligent act with
2022-3238
I 1 /Z1 U) 0544
minimum limits as follows:
a. $1,000,000 each occurrence; and
b. $1,000,000 general aggregate.
vi. Crime Insurance
Crime insurance including employee dishonesty coverage with minimum limits as
follows:
a. $1,000,000 each occurrence; and
b. $1,000,000 general aggregate.
The changes to this MTO will commence on the date of full execution of this
amendment and terminate on the original termination date of the MTO on June 30,
2027.
Assistant Weld County Attorney, Karin McDougal, has reviewed this Amendment
and determined that its terms are acceptable.
The Board approved placement of this Amendment on the Board's agenda via pass -
around dated November 1, 2022.
I recommend approval of this Master Task Order Contract amendment with CDPHE.
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
TITLE: CDPHE Five -Year Master Task Order Contract, Amendment 1
DEPARTMENT: PUBLIC HEALTH & ENVIRONMENT DATE: November 1, 2022
PERSON REQUESTING: Gene O'Hara, Interim Executive Director
Brief description of the problem/issue:
For the Board's review and approval for placement on the agenda is an amendment to our Five -Year
Master Task Order (MTO) Contract between the State of Colorado on behalf of the Colorado
Department of Public Health and Environment (CDPHE) and the Board of County Commissioners of
Weld County for the use and benefit of the Weld County Department of Public Health and
Environment (WCDPHE).
In June of this year, the Board approved the current Five -Year Master Task Order (MTO) Contract
between the Colorado Department of Public Health & Environment and the Weld County
Department of Public Health & Environment that governs all contracts between the parties for that
five-year period. The intent of this amendment to the five-year MTO is to remove language from
section 10B Insurance -Subcontractor Requirements, in the MTO because the state has determined
that these requirements place an undue burden on subcontractors receiving funding from local public
health agencies working under various programming contracts with CDPHE. Specifically, it will
remove language related to liability insurances the state required to be held by subcontractors as
detailed below:
10B insurance - Subcontractor Requirements
iv. Protected Information
Liability insurance covering all loss of State Confidential Information, such as PII, PHI, PCI, Tax
Information, and CJI, and claims based on alleged violations of privacy rights through improper use
or disclosure of protected information with minimum limits as follows:
a. $1,000,000 each occurrence; and
b. $2,000,000 general aggregate.
v. Professional Liability Insurance
Professional liability insurance covering any damages caused by an error, omission or any
negligent act with
minimum limits as follows:
a. $1,000,000 each occurrence; and
b. $1,000,000 general aggregate.
vi. Crime Insurance
Crime insurance including employee dishonesty coverage with minimum limits as follows:
a. $1,000,000 each occurrence; and
b. $1,000,000 general aggregate.
The changes to this MTO will commence on the date of full execution of this amendment and
terminate on the original termination date of the MTO on June 30, 2027.
This contract is undergoing review by Assistant Weld County Attorney, Karin McDougal, and we
will await that approval prior to placement on the Board's agenda.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
Approval of this contract will allow WCDPHE to more easily contract with subcontractors
assisting with various contract deliverables under program contracts with CDPHE. The
insurance requirements mandated via our MTO occasionally proved to be a barrier for
subcontractors wanting to work with WCDPHE and remain in compliance with the rigorous
insurance requirements required by the state.
Not approving this contract amendment will prevent us from accessing the advantage presented
to our subcontractors if these requirements are not removed from our MTO with CDPHE for
approximately 30+ grant funded programs at the Health Department.
Recommendation: I recommend approval of this Master Task Order Contract amendment with CDPHE.
Approve Schedule
Recommendation Work Session Other/Comments:
Perry L. Buck
Mike Freeman, Pro-Tem
Scott K. James, Chair
Steve Moreno
Lori Saine
42_
DocuSign Envelope ID: 88866711-F9D3-4354-8A13-F7A8C732C222
STATE OF COLORADO
MASTER TASK ORDER CONTRACT
AMENDMENT #1
COVER PAGE
State Agency:
Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver CO 80246
Contractor:
Board of County Commissioners of Weld County
(a political subdivision of the state of Colorado)
1150 "0" Street
Greeley CO 80631
for the use and benefit of the
Weld County Department of Public Health and Environment
1555 North 17th Avenue
Greeley CO 80631
Master Task Order Contract Number:
23 FAA 00051 AMD1
Master Task Order Contract Performance Beginning
Date:
The later of the Effective Date or October 1, 2022
Contract Authority:
§§25-1.5-101 - 25-1.5-113, C.R.S.
Initial Contract Expiration Date:
June 30, 2027
Principal Representatives:
For the State:
For Contractor:
Lisa McGovern
Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver CO 80246
lisa.mcgovern@state.co.us
Tanya Geiser
Weld County Department of Public Health and Environment
1555 North 17th Avenue
Greeley CO 80631
Tanya.geiser@co.weld.co.us
Task Order Contract Number: 23 FAA 00051 AMDI Page 1 of 3
Version 08.23.2022
DocuSign Envelope ID: 88866711-F9D3-4354-8A13-F7A8C732C222
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
Each person signing this Contract represents and warrants that he or she is duly authorized to execute this Contract and to
bind the Party authorizing his or her signature.
CONTRACTOR
Board of County Commissioners of Weld County
(a political subdivision of the state of Colorado)
for the use and benefit of the
Weld County Department of Public Health and Environment
STATE OF COLORADO
Jared S. Polis, Governor
Colorado Department of Public Health and Environment
Jill Hunsaker Ryan, MPH, Executive Director
r-DocuSigned by:
r-DocuSigned by:
Elsa �c�
SctfF .. Amt -s
�JFf1FA7nntn7(IAFr:
`-E04467D642AE4A7...
By: Signature
By: Signature
Lisa McGovern
Scott K. James
Name of Executive Director Delegate
Name of Person Signing for Contractor
Procurement & Contracts Section Director ft
Chair, Commissioners
Title of Executive Director Delegate
Title of Person Signing for Contractor
2022-11-21
2022-11-21
Date:
Date:
In accordance with §24-30-202, C.R.S., this Option is not valid until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
DocuuSigned by:
'•4tkArkl
AC2AC61260CG01...
By: Signature
Andi Hardy
Name of State Controller Delegate
Controller
Title of State Controller Delegate
2022-11-22
Effective Date:
Task Order Contract Number: 23 FAA 00051 AMD 1
Page 2 of 3
Version 8.31.2022
DocuSign Envelope ID: 88866711-F9D3-4354-8A13-F7A8C732C222
1. PARTIES
This Amendment (the "Amendment") to the Original Master Task Order Contract shown on the
Signature and Cover Page for this Amendment 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 Master Task Order Contract shall be construed and interpreted in accordance with
the Master Task Order 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 under the State Controller Signature. 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 Master
Task Order Contract contained herein shall commence on the Amendment Effective Date
shown under the State Controller Signature or October 1, 2022, whichever is later, and shall
terminate on the termination of the Master Task Order Contract or June 30, 2027, whichever
is earlier.
4. PURPOSE
The Parties entered into the agreement to set forth the general terms and conditions between the
Parties and to define how the Parties will contract with each other in the future using the Task
Order process.
The Parties now desire to make an administrative change to the original Master Task Order
Contract to delete three subsections as defined in §5 of this Amendment.
5. MODIFICATIONS
The Master Task Order Contract is modified as follows: The Parties now agree to delete Sub -
Sections iv. Protected Information, v. Professional Liability Insurance, and vi. Crime
Insurance from §10B -Insurance -Subcontractor Requirements of the original Master Task
Order Contract.
6. LIMITS OF EFFECT AND ORDER OF PRECEDENCE
This Amendment is incorporated by reference into the Master Task Order Contract, and the Master
Task Order Contract remains in full force and effect except as specifically modified in this
Amendment. Except for the Special Provisions contained in the Master Task Order Contract, in
the event of any conflict, inconsistency, variance, or contradiction between the provisions of this
Amendment and any of the provisions of the Master Task Order 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 Master Task
Order Contract to the extent that this Amendment specifically modifies those Special Provisions.
Task Order Contract Number: 23 FAA 00051 AMDI Page 3 of 3 Version 8.31.2022
Contract Form
New Contract Request
Entity Information
Entity Name*
COLORADO DEPT OF PUBLIC
HEALTH ENVIRONMENT
Contract Name*
Entity ID*
O00001926
Contract ID
CDPHE FIVE-YEAR MASTER CONTRACT AMENDMENT #1 6472
Contract Status
CTB REVIEW
Contract Lead*
EMANRIQUEZ
New Entity?
Parent Contract ID
5914
Requires Board Approval
YES
Contract Lead Email Department Project #
bmanriquezWweldgov.com
Contract Description*
FIVE-YEAR MASTER TASK ORDER WITH CDPHE FY22-23 AMENDMENT#1
Contract Description 2
23 FAA 00051 AMD1
Contract Type*
AMENDMENT
Amount*
$0.00
Renewable*
NO
Automatic Renewal
NO
Grant
NO
IGA
NO
Department
HEALTH
Department Email
CM-Healtha0weldgov,com
Department Head Email
CM-Health-
DeptHead@veldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTORN EY<OSUELDG
OV.COM
If this is a renewal enter previous Contract ID
If this is part of a NSA enter NSA Contract ID
5914
Requested BOCC Agenda
Date*
11:14 2022
Due Date
1 1 - 10 2022
Will a work session with BrOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
NO
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnEase
Contract Dates
Effective Date
10'01:2022
Review Date"
04 01 2027
Renewal Date
Termination Notice Period Committed Delivery Date.
Expiration Date.
06/30?202i
Contact Information
Contact Info
Contact Name
Purchasing
Contact Type Contact Entail Contact Phone 1 Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
TANYA GEISER
DH Approved Date
11;10/2022
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
11:162022
Originator
tMANRIQUEZ
Finance Approver
CHERYL PATTELLI
Legal Counsel
BRUCE BARKER
Finance Approved Date Legal Counsel Approved Date
11;12 2022 11'14,2022
Tyler Ref #
AG 111622
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