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HomeMy WebLinkAbout20213000.tiffRESOLUTION RE: APPROVE AMENDMENT #1 TO TASK ORDER CONTRACT FOR CHILD FATALITY PREVENTION SYSTEM 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 an Amendment #1 to the Task Order Contract for Child Fatality Prevention System 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 July 1, 2021, and ending June 30, 2022, 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 the Amendment #1 to the Task Order Contract for Child Fatality Prevention System 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 25th day of October, A.D., 2021, nunc pro tunc July 1, 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dith4) •JiC1lo•t,k Weld County Clerk to the Board ounty Attorney Date of signature: 11/02-/2(' Steve (Moreno, Chair Slott K. James, Pro -Tern EXCUSED Perry L. Buck Cc; HL(TG) 'bra /21 2021-3000 HL0053 Cor4vack lt)Lvos3-7 Memorandum TO: Steve Moreno, Chair Board of County Commissioners FROM: Mark Lawley, Executive Director Department of Public Health & Environment DATE: October 14, 2021 SUBJECT: Child Fatality Prevention System FY21-22 Contract Amendment #1 with CDPHE For the Board's approval is contract amendment #1 to the FY21-22 Child Fatality Prevention System contract between the Colorado Department of Public Health and Environment (CDPHE) and the Board of County Commissioners of Weld County. The Child Fatality Prevention Act (Article 20.5 of Title 25, Colorado Revised Statutes) established the Child Fatality Prevention System (CFPS), a statewide, multidisciplinary, multi - agency effort to prevent child deaths. Under this task order contract, the WCDPHE will continue to coordinate the local, multidisciplinary child fatality prevention review team. The purpose of the review team is to review all preventable Weld County child deaths ages birth to 17 years, identify trends, and implement strategies to prevent future deaths from occurring. The purpose of this contract amendment is to modify how payments are requested and will be distributed to WCDPHE, as detailed in Exhibit A, Additional Provisions, #2 of the contract. The original contract required monthly invoice submission to be reimbursed for work completed. This amendment states that WCDPHE will automatically receive a one-fourth, lump -sum distribution each quarter upon successful completion of a quarterly progress report. The contract period remains unchanged from July 1, 2021, through June 30, 2022. The funding also remains unchanged at $13,450 for the year. Assistant Weld County Attorney, Karin McDougal, has reviewed this contract amendment and determined that the changes are acceptable. The Board approved placement of this amendment on the Board's agenda via pass -around dated October 11, 2021. I recommend approval of this contract amendment with CDPHE for the Child Fatality Prevention System program. 2021-3000 10/25 L 0053 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW TITLE: Child Fatality Prevention System FY21-22 Contract Amendment #1 with CDPHE DEPARTMENT: PUBLIC HEALTH & ENVIRONMENT PERSON REQUESTING: Mark Lawley, Executive Director DATE: October 11, 2021 Brief description of the problem/issue: Enclosed for the Board's review and approval is contract amendment #1 to the FY21-22 Child Fatality Prevention System contract between the Colorado Department of Public Health and Environment (CDPHE) and the Board of County Commissioners of Weld County. The Child Fatality Prevention Act (Article 20.5 of Title 25, Colorado Revised Statutes) established the Child Fatality Prevention System (CFPS), a statewide, multidisciplinary, multi -agency effort to prevent child deaths. Under this task order contract, the WCDPHE will continue to coordinate the local, multidisciplinary child fatality prevention review team. The purpose of the review team is to review all preventable Weld County child deaths ages birth to 17 years, identify trends, and implement strategies to prevent future deaths from occurring. The purpose of this contract amendment is to modify how payments are requested and will be distributed to WCDPHE, as detailed in Exhibit A, Additional Provisions, #2 of the contract. The original contract required monthly invoice submission to be reimbursed for work completed. This amendment states that WCDPHE will automatically receive a one-fourth, lump -sum distribution each quarter upon successful completion of a quarterly progress report. The contract period remains unchanged from July 1, 2021, through June 30, 2022. The funding also remains unchanged at $13,450 for the year. Assistant Weld County Attorney, Karin McDougal, has reviewed this contract amendment and determined that the changes are acceptable. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Approval of this amendment will permit WCDPHE to receive funding for continued leadership of a state mandated review team and allow for the review and implementation of strategies to prevent child fatalities in Weld County. Declining this amendment will require restructuring the leadership of the review team to comply with the state mandate, deny $13,450.00 in funding, and hinder the possible prevention of children's deaths in Weld County. Recommendation: I recommend approval of this contract amendment with CDPHE for the Child Fatality Prevention System program. Perry L. Buck Mike Freeman Scott K. James, Pro -Tern Steve Moreno, Chair Lori Saine Approve Schedule Recommendation Work Session Other/Comments: DocuSign Envelope ID: 5F78F82A-686C-49D1-913D-0A03965F34A6 CONTRACT AMENDMENT #1 SIGNATURE AND COVER PAGE(S) State Agency: Colorado Department Of Public Health and Environment VIP/CFPS 4300 Cherry Creek Drive South Denver, Colorado 80246 Original Contract Number: 2022*0289 Contractor: Board of County Commissioners of Weld County, 1150 "O" St, 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 Amendment Contract Number: 2022*0289 Amendment #1 Contract Performance Beginning Date: July 1, 2021 Current Contract Expiration Date: June 30, 2022 CONTRACT MAXIMUM AMOUNT TABLE Document Type Contract Number Federal Funding Amount State Funding Amount Other Funding Amount Term (dates) Total Original Contract 2022*0289 $0.00 $13,450.00 $0.00 7/1/21-6/30/22 $13,450.00 Amendment #1 2022*0289 Amendment #1 $0.00 $0.00 $0.00 9/1/21-6/30/22 $0.00 Current Contract Maximum Cumulative Amount $13,450.00 Page 1 of 4 Amendment Contract Number: 2022*0289 Amendment #1 Ver 01.11.19 DocuSign Envelope ID: 5F78F82A-686C-49D1-913D-0W03965F34A6 SIGNATURE PAGE 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 authorizing his or her signature. CONTRACTOR Weld County Department of Public Health and Environment r—DocuSigned by: S.1-ukt, kov>;,a ‘--F044fi7Dfi42AF4A7 By: Signature Steve Moreno Name of Person Signing for Contractor chairman to weld county Commissioners Title of Person Signing for Contractor Date: 2021-10-25 STATE OF COLORADO Jared S. Polis, Governor Colorado Department of Public Health and Environment Jill Hunsaker Ryan, MPH, Executive Director ,—DocuSigned by: Usa 144r,ov<.t.XtA, `-2EDF870A1A7D4FC... By: Signature Lisa McGovern Name of Executive Director Delegate Procurement & Contracts Section Director ft Title of Executive Director Delegate Date: 2021-10-25 In accordance with §24-30-202 C.R.S., this Contract is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD r—DocuSigned by: justik,UJu C48A540FAA79405 By: Signature Justin Weigle Name of State Controller Delegate Health Divisions Controller Title of State Controller Delegate Amendment Effective Date: 2021-10-29 - Signature and Cover Pages End -- Page 2 of 4 Amendment Contract Number: 2022*0289 Amendment #1 Ver. 06.05.20 02e02-/— 3cD0 DocuSign Envelope ID: 5F78F82A-686C-49D1-913D-0A03965F34A6 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 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 Contract contained herein shall commence on the Amendment Effective Date shown under the State Controller Signature or September 1, 2021, whichever is later, and shall terminate on the termination of the Contract or June 30, 2022, whichever is earlier. 4. PURPOSE The Parties entered into the agreement to support the Child Fatality Prevention Act (Article 20.5 of Title 25, Colorado Revised Statutes), which is a statewide, multi -agency effort to prevent child deaths. The Parties now desire to make a no cost change for the following reason: revise the Additional Provisions exhibit in the contract to update language around invoicing. 5. MODIFICATIONS The Contract and all prior amendments thereto, if any, are modified as follows: A. The Contract Maximum Amount table is deleted and replaced with the Current Contract Maximum Amount table shown on the Signature and Cover Page for this Amendment. B. The Parties now agree to modify Exhibit, A, Additional Provisions of the agreement. Exhibit, A, Additional Provisions is deleted and replaced in its entirety with Exhibit, A, Provisions attached to this Amendment for the following reason: To correct invoicing information regarding quarterly payments. 6. LIMITS OF 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 Page 3 of 4 Amendment Contract Number: 2022*0289 Amendment #1 Ver 27.01.20 DocuSign Envelope ID: 5F78F82A-686C-49D1-913D-0A03965F34A6 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. Page 4 of 4 Amendment Contract Number: 2022*0289 Amendment #1 Ver 27.01.20 DocuSign Envelope ID: 5F78FS2A-686C-49D1-913D-0A03965F34A6 EXHIBIT A ADDITIONAL PROVISIONS To Task Order Contract Dated 4/16/2021 CMS Task Order Routing Number 2022*0289 These provisions are to be read and interpreted in conjunction with the provisions of the Task Order Contract specified above. 1. This Task Order Contract contains state funds. 2. To receive compensation under the Contract, the Contractor shall submit a CDPHE-approved progress report twice a year as stipulated in Deliverable Number Two (2) of the Statement of Work. This progress report shall document the Contractor's progress toward completion of the activities in accordance with the Statement of Work. The second progress report, due June 30, must be reviewed and approved by CFPS staff before the final payment is made. Email questions regarding payments to: Kelly Dougherty, Injury Prevention Coordinator, kelly.doughertyAstate.co.us Payment under this Contract shall be made to the Contractor by the State in four (4) payments in accordance with the budget included in this Contract. The final payment shall be made only after CFPS staff have reviewed and approved the progress report submitted by the Contractor for the fourth quarter. The Contractor shall not use federal funds to satisfy federal cost sharing and matching requirements unless approved in writing by the appropriate federal agency. 3. Time Limit for Acceptance of Deliverables. a. Evaluation Period. The State shall have thirty (30) calendar days from the date a deliverable is delivered to the State by the Contractor to evaluate that deliverable, except for those deliverables that have a different time negotiated by the State and the Contractor. b. Notice of Defect. If the State believes in good faith that a deliverable fails to meet the design specifications for that particular deliverable, or is otherwise deficient, then the State shall notify the Contractor of the failure or deficiencies, in writing, within thirty (30) calendar days of: 1) the date the deliverable is delivered to the State by the Contractor if the State is aware of the failure or deficiency at the time of delivery; or 2) the date the State becomes aware of the failure or deficiency. The above time frame shall apply to all deliverables except for those deliverables that have a different time negotiated by the State and the Contractor in writing pursuant to the State's fiscal rules. c. Time to Correct Defect. Upon receipt of timely written notice of an objection to a completed deliverable, the Contractor shall have a reasonable period of time, not to exceed thirty (30) calendar days, to correct the noted deficiencies. If the Contractor fails to correct such deficiencies within thirty (30) calendar days, the Contractor shall be in default of its obligations under this Task Order Contract and the State, at its option, may elect to terminate this Task Order Contract or the Master Contract and all Task Order Contracts entered into pursuant to the Master Contract. 4. Health Insurance Portability and Accountability Act (HIPAA) Business Associate Determination. The State has determined that this Contract does not constitute a Business Associate relationship under HIPAA. S. This award does not include funds for Research and Development. Page 1 of 2 Amendment Contract Number. 2022*0289 Amendment #1 DocuSign Envelope ID: 5F78F82A-686C-49D1-913D-0A03965F34A6 EXHIBIT A 6. If Contractor indicates full expenditure of funds under this Contract by March 31 of each grant year and the full expenditure does not occur, CDPHE has the option to reduce current or upcoming Contract by said amount or a percent deemed reasonable by CDPHE. The State will notify the Contractor of the potential need to decrease the current or upcoming budget. If the Contractor indicates at a later date than March 31 of each grant year an expectation of surplus of funds or inability to fully expend said funds for unforeseen circumstances that Contractor had not anticipated by March 31, CDPHE will reallocate unspent funds without any penalties to the Contractor. Upon receipt of timely written notice of an objection by the State for inability to fully expend funds, the Contractor shall have a reasonable period of time not to exceed ten (10) calendar days to respond to the action. If no dispute is received by the State within ten (10) calendar days, the State has the option to reduce the current budget for the current year and any upcoming budget for future contractual agreements. 7. Contractor shall request prior approval in writing from the State for all modifications to the Statement of Work/Work Plan or for any modification to the direct costs in excess of twenty-five percent (25%) of the total budget for direct costs. Any request for modifications to the Budget in excess of twenty-five percent (25%) of the total budget for direct costs shall be submitted to the State at least ninety (90) days prior to the end of the contract period and may require an amendment in accordance with General Provisions, Section 16, Contract Modifications, of this Contract. 8. The State of Colorado, specifically the Colorado Department of Public Health and Environment, shall be the owner of all equipment as defined by Federal Accounting Standards Advisory Board (FASAB) Generally Accepted Accounting Principles (GAAP) purchased under this Contract. At the end of the term of this Task Order Contract, the State shall approve the disposition of all equipment. 9. Contractor shall not use State funds provided under this Task Order Contract for the purpose of lobbying as defined in Colorado Revised Statutes (C.R.S.) 24-6-301(3.5)(a). 10. The State, at its discretion, shall have the option to extend the term under this Task Order beyond the Initial Term for a period or for successive periods, of 1 year at the same rates and under the same terms specified in the Task Order. In order to exercise this option, the State shall provide written notice to Contractor in as form substantially equivalent to Exhibit D. If exercised, the provisions of the Option Letter shall become part of and be incorporated in the original Task Order. The total duration of this Task Order shall not exceed 5 years. 11. The State, at its discretion, shall have the option to increase or decrease the statewide quantity of Goods and/or Services based upon the rates established in this Task Order and modify the maximum amount payable accordingly. In order to exercise this option, the State shall provide written notice to Contractor in as form substantially equivalent to Exhibit D. Delivery of Goods and/or performance of Services shall continue at the same rates and terms as described in this Task Order. Page 2 of 2 Amendment Contract Number. 2022*0289 Amendment #1 Contract Form New Contract Request Entity Information Entity Name* COLORADO DEPT CF PUBLIC HEALTH ENVIRONMENT Entity ID* 00001926 Contract Name* CDPHE CHILD FATALITY PREVENTION SYSTEM FY21-22 CONTRACT AMD 1 Contract Status CTB REVIEW ❑ New Entity? Contract ID 5337 Contract Lead* BMANRIQUEZ Contract Lead Email bmanriquezC ,veldgov.com Contract Description* CONTRACT AMENDMENT #1 CHILD FATALITY PREVENTION SYSTEM FY 21-22 WITH CDPHE Contract Description 2 Contract Type AMENDMENT Amount* $1 3,450.00 Renewable* NO Automatic Renewal NO Grant YES !GA NO Department HEALTH Department Email CM-Healthweldgov.com Department Head Email CM-Health- DeptHeadgeldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY WWELDG OV.COM Grant Deadline Date If this is a renewal enter previous Contract ID 4877 If this is part of a MSA enter MSA Contract ID Requested ROCC Agenda Date* 10 20;'2021 Parent Contract ID Requires Board Approval YES Department Project # Due Date 10;16'2021 Will a work session with BOCC 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 On Base Contract Dates Effective Date Review Date* 0301;2022 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head TANYA GEISER DH Approved Date 10/18,2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda. Date 10:25,2021 Originator BMANRIQUEZ Committed Delivery Date Contact Type Contact Email Finance Approver CHRIS D'OVIDIO Expiration Date' 06(30/2022 Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 1 0,'19/2021 Tyler Ref I AG 102521 Legal Counsel KARIN MCDOUGAL Legal Counsel Approved Date 10`19 2021 Hello