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HomeMy WebLinkAbout20163597.tiffRESOLUTION RE: APPROVE TASK ORDER CONTRACT FOR PROVISION OF STI MEDICATIONS AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Task Order Contract for Provision of STI Medications between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Public Health and Environment, and the Colorado Department of Public Health and Environment, commencing January 1, 2017, and ending December 31, 2021, with further terms and conditions being as stated in said Task Order Contract, and WHEREAS, after review, the Board deems it advisable to approve said task order contract, 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 Task Order Contract for Provision of STI Medications between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Public Health and Environment, and the Colorado Department of Public Health and Environment be and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said task order contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of November, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: do/Lev jeji4;ok, Weld County Clerk to the Board BY: Ot. eputy Clerk to the Board Mike Freeman, Chair c Sean P. Conway, Pro o--Te 4.Lc (;f APP' : ED ���•� OR F CR�:•� :'Ail XCUSED zad arbara Kirkmeyer ty Attorney Date of signature: I Steve Moreno Cc: HL C5 rl -rc,c nnc u) O1/IcIR -1 2016-3597 HL0048 /72 91/ Memorandum TO: Mike Freeman, Chair Board of County Commissioners FROM: Mark E. Wallace, MD, MPH Executive Director Department of Public Health & Environment DATE: November 15, 2016 SUBJECT: Task Order Contract for Sexually Transmitted Infection Medications Enclosed for Board approval is a Task Orders Contract between the Board of County Commissioners of Weld County on behalf of the Weld County Department of Public Health and Environment ("WCDPHE") and the Colorado Department of Public Health and Environment ("CDPHE") for medications to treat sexually transmitted infections (STI) that are reportable according to the current regulations of the Colorado Board of Health. This contract provides no -cost STI treatment medications and biological supplies to WCDPHE and will be used in the diagnosis and treatment of low-income clients with STIs who would not otherwise be able to afford the treatments. The term of the contract is for a five-year period starting on January 1, 2017, and ending on December 31, 2021. There is no cost associated with this contract. This task order contract was approved for placement on the Board's agenda via pass -around dated November 8, 2016. I recommend approval of this contract with CDPHE for STI treatment medications and biological supplies. 2016-3597 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT (:MS ROUTING NO. 17 IHH.A 93 158 APPROVED TASK ORDER CONTRACT - WAIVER #154 This task order contract is issued pursuant to master contract made on 01/17/2012, with routing number 13 FAA 00051. STATE: State of Colorado for the use & benefit of the Department of Public Health and Environment Disease Control and Environmental Epidemiology Division 4300 Cherry Creek Drive South Denver, CO 80246 CONTRACT MADE DATE: 8/1/2016 CORE ENCUMBRANCE NUMBER: Not Applicable TERM: This contract shall be effective upon approval by the State Controller, or designee, or on 1/1/21017, whichever is later. The contract shall end on 12/31/2021. PROCUREMENT METHOD: Exempt BID/REP/LIST PRICE AGREEMENT NUMBER - Not Applicable LAW SPECIFIED VENDOR STATUTE. Not Applicable STATE REPRESEN'FA I DE Maria Jackson Disease Control and Environmental Epidemiology Division 4300 Cherry Creek Drive South Denver, CO 80246 CONTRACTOR: Board of County Commissioners of Weld County (a political subdivision of the state of Colorado) 915 10i5 Street Greeley, Colorado 80632-0758 for the use and benefit of the Weld County Department of Public Health and Environment 1555 North 1715 Avenue Greeley, Colorado 80631 CONTRACtOR DC NS- 075757955 CON FRAC I OR ENTITY TYPE. Political Subdivision BILLING STATEMENTS RECEIVED' None STATUTORY AL I KORITY. Not Applicable CI.ASSIEIC Al ION: Sub -Recipient CONTRACT PRICE NOT TO EXCEED'. $0.00 FEDERAL FUNDING DOLLARS: $0,00 STATE FUNDING DOLLARS'. $000 OIAER FUNDING DOLLARS $0.00 PRICE S[RUCII: RE No Cost CONTRACTOR REPRESEN I ATIVE Mark Wallace, Executive Director Weld County Department of Public Health and Environment 1555 North 17i5 Avenue Greeley, Colorado 80631 PROJECT DESCRIPTION' This project serves to provide medications for treatment, according to the current drug formulary and based on the availability of funds, for sexually transmitted infections that are reportable according to the current regulation of the Colorado Board of Health. CTTemp 17 PDIIA TASK. docx Page I of6 c.209 4-3S976) EXHIBITS: The following exhibits are hereby incorporated: Exhibit A - Exhibit B - Additional Provisions (and any of its Attachments; e.g., A -I, A-2, etc.) Statement of Work (and any of its Attachments; e.g., B -1, B-2, etc.) GENERAL PROVISIONS The following clauses apply to this Task Order Contract. These general clauses may have been expanded upon or made more specific in some instances in exhibits to this Task Order Contract. To the extent that other provisions of this Task Order Contract provide more specificity than these general clauses, the more specific provision shall control. This Task Order Contract is being entered into pursuant to the terms and conditions of the Master Contract including, but not limited to, Exhibit One thereto. The total term of this Task Order Contract, including any renewals or extensions, may not exceed five (5) years. The parties intend and agree that all work shall be performed according to the standards, terms and conditions set forth in the Master Contract. 2. In accordance with section 24-30-202(I ), C.R.S., as amended, this Task Order Contract is not valid until it has been approved by the State Controller, or an authorized delegee thereof. The Contractor is not authorized to, and shall not; commence performance under this Task Order Contract until this Task Order Contract has been approved by the State Controller or delegee. The State shall have no financial obligation to the Contractor whatsoever for any work or services or, any costs or expenses, incurred by the Contractor prior to the effective date of this Task Order Contract. If the State Controller approves this Task Order Contract on or before its proposed effective date, then the Contractor shall commence performance under this Task Order Contract on the proposed effective date. If the State Controller approves this Task Order Contract after its proposed effective date, then the Contractor shall only commence performance under this Task Order Contract on that later date. The initial term of this Task Order Contract shall continue through and including the date specified on page one of this Task Order Contract, unless sooner terminated by the parties pursuant to the terms and conditions of this Task Order Contract and/or the Master Contract. Contractor's commencement of performance under this Task Order Contract shall be deemed acceptance of the terms and conditions of this Task Order Contract. 3. The Master Contract and its exhibits and/or attachments are incorporated herein by this reference and made a part hereof as if fully set forth herein. Unless otherwise stated, all exhibits and/or attachments to this Task Order Contract are incorporated herein and made a part of this Task Order Contract. Unless otherwise stated, the terms of this Task Order Contract shall control over any conflicting terms in any of its exhibits. In the event of conflicts or inconsistencies between the Master Contract and this Task Order Contract (including its exhibits CT lcmp 17 FHHA TASK. docx Page 2 of6 and/or attachments), or between this Task Order Contract and its exhibits and/or attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1) the Special Provisions of the Master Contract; 2) the Master Contract (other than the Special Provisions) and its exhibits and attachments in the order specified in the Master Contract; 3) this Task Order Contract; 4) the Additional Provisions - Exhibit A, and its attachments if included, to this Task Order Contract; 5) the Scope/Statement of Work - Exhibit B, and its attachments if included, to this Task Order Contract; 6) other exhibits/attachments to this Task Order Contract in their order of appearance. 4. The Contractor, in accordance with the terms and conditions of the Master Contract and this Task Order Contract, shall perform and complete, in a timely and satisfactory manner, all work items described in the Statement of Work, which are incorporated herein by this reference, made a part hereof and attached hereto as "Exhibit B". 5. The State, with the concurrence of the Contractor, may, among other things, prospectively renew or extend the term of this Task Order Contract, subject to the limitations set forth in the Master Contract, increase or decrease the amount payable under this Task Order Contract, or add to, delete from, and/or modify this Task Order Contract's Statement of Work through a contract amendment. To be effective, the amendment must be signed by the State and the Contractor, and be approved by the State Controller or an authorized delegate thereof. This contract is subject to such modifications as may be required by changes in Federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this Task Order Contract on the effective date of such change as if fully set forth herein. 6. The conditions, provisions, and terms of any RFP attached hereto, if applicable, establish the minimum standards of performance that the Contractor must meet under this Task Order Contract. If the Contractor's Proposal, if attached hereto, or any attachments or exhibits thereto, or the Scope/Statement of Work - Exhibit B, establishes or creates standards of performance greater than those set forth in the RFP, then the Contractor shall also meet those standards of performance under this Task Order Contract. 7. STATEWIDE CONTRACT MANAGEMENT SYSTEM [This section shall apply when the Effective Date is on or after July I, 2009 and the maximum amount payable to Contractor hereunder is $100,000 or higher/ By entering into this Task Order Contract, Contractor agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-60I, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system. Contractor's performance shall be evaluated in accordance with the terms and conditions of this Task Order Contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation of Contractor's performance shall be part of the normal contract administration process and Contractor's performance will be systematically recorded in the statewide Contract Management System. Areas of review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Contractor's obligations under this Task Order Contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of the Statement of Project of this Task Order Contract. Such performance information shall be entered into the statewide Contract Management System at intervals established in the Statement of Project and a final review and rating shall be rendered within 30 days of the end of the Task Order Contract term. Contractor shall be notified following each performance and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance evaluation determine that Contractor demonstrated a gross failure to meet the performance measures established under the Statement of Project, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Colorado Department of Public Health and Environment and showing of good cause, may debar Contractor and CT Temp 17FIIHA TASK.dccx Page 3 of 6 prohibit Contractor from bidding on future contracts. Contractor may contest the final evaluation and result by: (i) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (ii) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Contractor, by the Executive Director, upon showing of good cause. 8. If this Contract involves federal funds or compliance is otherwise federally mandated, the Contractor and its agent(s) shall at all times during the term of this contract strictly adhere to all applicable federal laws, state laws, Executive Orders and implementing regulations as they currently exist and may hereafter be amended. Without limitation, these federal laws and regulations include the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6062 of Public Law 110-252, including without limitation all data reporting requirements required there under. This Act is also referred to as FFATA. Cf Temp 17 FFIFIA TASK. docx Page 4 of 6 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT * Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and acknowledge that the State is relying on their representations to that effect. 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 Legal Name of Contracting Entity Mike Freeman STATE OF COLORADO: JOHN W. HICKENLOOPER, GOVERNOR By: For Executive Director Print Name of Authorized Officer Department of Public Health and Environment Signature of Authorized Officer WaV 2 8 2016 Date Department Program Approval: Chair By: --- Print Title of Authorized Officer ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder. By: Date CT Temp 17FHHATASK .doCx STATE CONTROLLER: HI Robert Jaros PA, MBA, JD iJt allici /M` /lc(' Page 5 of 6 ozoi(-3597 (a� This page left intentionally blank. CT Temp 17 FHHA TASK . do cx Page 6 of 6 EXHIBIT A ADDITIONAL PROVISIONS To Contract Dated 8/01/2016 - CMS Contract Routing Number 17 FHHA 93158 These provisions are to be read and interpreted in conjunction with the provisions of the Contract specified above. 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: I ) 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. 2. 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. Page I of I Contract Exhibit -A_ AdditionalProvisions 040715 EXHIBIT B STATEMENT OF WORK To Original Contract Routing Number 17 FHHA 93158 These provisions are to be read and interpreted in conjunction with the provisions of the contract specified above. 1. Entity Name: Weld County Department of Public Health and Environment Term: January 01, 2017 — December 31, 2021 II. Project Description: This project serves to provide medications for treatment, according to the current drug formulary and based on the availability of funds, for sexually transmitted infections that are reportable according to the current regulation of the Colorado Board of Health. III. Definitions: I.CDC— Centers for Disease Control and Prevention 2. CDPHE - Colorado Department of Public Health and Environment 3. HIV — Human Immunodeficiency Virus 4. Sequelae — A pathological condition resulting from a disease, i.e., a complication of untreated disease 5. STD — Sexually transmitted disease(s) 6. STI — Sexually transmitted infection(s) 7. VH — Viral Hepatitis IV. Work Plan: Goal #1: Prevent the spread of sexually transmitted infections, their sequelae, including infertility, in Colorado. Objective #1: No later than the expiration date of this contract, the Contractor shall provide medications for the treatment of STIs. Primary Activity #1 The Contractor shall provide medications for treatment for STIs for clients. Sub -Activities #1 1. The Contractor shall determine client's eligibility to receive medications through the 340b pricing program. 2. The Contractor shall use the following procedure when ordering STI medications for clients: a. The Contractor faxes the STI medication order form (Attachment B-1) to the current CDPHE approved distributor for 3406 medications. b. The current CDPHE approved distributor receives the order from the Contractor, then places an order with the current State approved vendor for the purchase of pharmaceuticals. c. The current State approved vendor for the purchase of pharmaceuticals fills the order from the CDPHE approved distributor and ships the STI medications to the CDPHE approved distributor for distribution. d. The CDPHE approved distributor fills the order from the Contractor and ships to the Contractor via the CDPHE Federal Express account, or other CDPHE approved method of shipping. Federal Express, or other approved shipping company, invoices CDPHE directly. e. The Contractor distributes medications to clients. Primary Activity #2 The Contractor shall provide information on screening and treatment of STIs to CDPHE. version. Contract Statement of Work — Exhibit P December 2015 Page I of3 _eh_S0W_No_Cost_S I D 072016.docx EXHIBIT B Sub -Activities #2 I . The Contractor shall provide the following data for each clinic quarterly: a. Number of individuals with at least one ( I) medical visit. b. Demographics of individuals with at least one ( I ) medical visit including gender and age. c. Number of cases of syphilis diagnosed. d. Number of individuals treated for gonorrhea, syphilis, and chlamydia as cases versus contacts. 2. The Contractor shall either provide directly or ensure it is provided by a subcontractor (for example, the state lab or a private lab) the following information on each clinic quarterly: a. Number of clients screened for gonorrhea and chlamydia. b. Number of cases of gonorrhea and chlamydia diagnosed. c. Demographics of clients screened for gonorrhea and chlamydia including gender and age. Standards and Requirements 1. The Contractor shall utilize STI treatment drugs from this project to treat STIs for low income clients who would be unable to afford the medications otherwise as outlined in guidelines for 340b Pricing Program found here: http://www.hrsa.gov/opa/index.html. This information is incorporated and made part of this contract by 2. The Contractor shall use the provided medications under the supervision physician and in accordance with the most recent edition of the Disease Treatment Guidelines published by the Centers for Disease Prevention at http://www.cdc.gov/std/treatmentldefault.htm. This reference. of a licensed Sexually Transmitted Control and information is for the medications a treatment own established staff a authorization to Assurance, Policy Data Collection incorporated and made part of this contract by reference. 3. The Contractor shall not charge the patient or other related party received as a result of this agreement. The Contractor may charge administration or other appropriate fee according to the Contractor's fee schedules. 4. The Contractor shall provide via email, CDPHE STI/HIV/VH programming photocopy of the physician's or pharmacist's license to document receive prescription drugs within 45 days after the start of this contract. 5. The Contractor shall use the STD Programs through Assessment, Development and Prevention Strategies, Prevalence Monitoring Requirements found at https://drive.google.com/file/d/0B Bntbnav5x9VXd3OUhMWV15M0U/view?usp=sh aring when compiling and providing information to CDPHE. This information is websites may be updated documents and incorporated and made part of this contract by reference. 6. The content of electronic documents located on CDPHE and non-CDPHE and information contained on CDPHE and non-CDPHE websites periodically during the contract term. The contractor shall monitor website content for updates and comply with all updates. Expected Results of Activity(s) Treatment of STIs of low income clients. Measurement of Expected Results Data included in quarterly census reports. Completion Date Deliverables The Contractor shall submit the quarterly census report to the State via encrypted email, submitted to the attention of: Marina Milzer No later than April 30th, July 31 `t, October 31", and version. Contract Statement or Work - Exhibit B December 2015 Page 2 of3 _eh_SOW _No_CostSTD 072016.docx _ EXHIBIT B Email: marina.milzer@state.co.us January 31' of the following years: 2017, 2018, 2019, 2020 and 2021 V. Monitoring: CDPHE's monitoring of this contract for compliance with performance requirements will be conducted throughout the contract period by the CDPHE STI/HIV Program Manager or their designee. Methods used will include a review of documentation determined by CDPHE to be reflective of performance to include progress reports and other fiscal and programmatic documentation as applicable. The Contractor's performance will be evaluated at set intervals and communicated to the contractor. A Final Contractor Performance Evaluation will be conducted at the end of the life of the contract. VI. Resolution of Non -Compliance: The Contractor will be notified in writing within 15 calendar days of discovery of a compliance issue. Within 30 calendar days of discovery, the Contractor and the State will collaborate, when appropriate, to determine the action(s) necessary to rectify the compliance issue and determine when the action(s) must be completed. The action(s) and time line for completion will be documented in writing and agreed to by both parties. If extenuating circumstances arise that requires an extension to the time line, the Contractor must email a request to the CDPHE STI/HIV Program Manager or their designee and receive approval for a new due date. The State will oversee the completion/implementation of the action(s) to ensure time lines are met and the issue(s) is resolved. If the Contractor demonstrates inaction or disregard for the agreed upon compliance resolution plan, the State may exercise its rights under the provisions of this contract. version Contract Statement of Work —Exhibit B December2015 Page 3 of3 ch SOW No Cost STI) 072016.docx Attachment B-1 Ordered By: Request for STI Drugs Date Ordered UPS Shipping Address: Name Street Address Agency City Phone State Zip Practice Address and Phone (if different from above): Supervising Physician: Street Address Name (please print) Degree City State Zip Signature Phone Quantity Description Amoxicillin, 500 mg capsules, #500 Azithromycin (Zithromax), 1 gm powder pack Azithromycin (Zithromax), 250 mg tablets, #30 Cefixime (Suprax), 400 mg tables, #50 Ceftriaxone (Rocephin), 250 mg injection, 10 vials Cepodoxime (Vantin) , 200 mg tablets, #20 Ciprofloxacin (Cipro), 500 mg tablets, #100 Doxycycline (Vibramycin), 100 mg tablets, #500 Erythromycin (Ery-tabs), 250 mg tablets, #100/bottle Metronidazole (Flagyl), 500 mg tablets, #100 Ofloxacin (Floxin), 400 mg tablets, #100 LA Bicillin, 2 ml - 1.2 MU injection, 10 tubex Please FAX this form to Scales Pharmacy, 720-335-6065. This will be the pharmacy for ordering STD treatment drugs through December 31, 2020. Note: These are the only drugs provided by the STI Drug Program. Please limit your order to a 6 -week supply. Thank you Please fax orders to: Scales Pharmacy 1999 Pennsylvania Street Denver, CO 80203 Fax: 720-335-6065 Phone: 303-974-5424 Drug Order Form 1-16-2016 Hello