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HomeMy WebLinkAbout20150832.tiff RESOLUTION RE: APPROVE CONTRACT AMENDMENT #1 TO INTERGOVERNMENTAL AGREEMENT FOR SINGLE ENTRY POINT AGENCY 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 Contract Amendment #1 to the Intergovernmental Agreement for Single Entry Point Agency between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the Colorado Department of Health Care Policy and Financing, commencing upon full execution of signatures, 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 Contract Amendment #1 to the Intergovernmental Agreement for Single Entry Point Agency between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the Colorado Department of Health Care Policy and Financing be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of March, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, ORADO ATTEST: dazywo ( je14O;e1arbara Kirkmey , Chair Weld County Clerk to the Board Mike Freeman, Pro-Tem BY. ( Q .r. p �-•D (Ot Clerk to e Board �� EL 'M.••: . Con y C) APPROVED AS TO FORM: 11861 (� ,'�" 111 Z � r,��►►' •M111-.A. Cozad County Attorney •rk( . \�1��' 41/to �.�. I teve Moreno Date of signature: C C" ps.bf'Cm- 7//4 2015-0832 HR0086 � ,sbi , MEMORANDUM I A it _ ,.` DATE: March 19, 2015 tft o 0-uNTY TO: Barbara Kirkmeyer, Chair, Board of C unty Co i oners FROM: Judy A. Griego, Director, Human Se ces tt--- RE: Weld County Department of Human ervices Amendment to the Single Entry Point Contract with the Colorado Department of Health Care Policy and Financing Enclosed for Board approval is an Amendment to the Single Entry Point Contract between the Colorado Department of Health Care Policy and Financing and the Weld County Department of Human Services Area Agency on Aging. The original contract became effective July 1, 2013 and was updated via an Option Letter 1 effective July 1,2014. Amendment 1 changes the payment methodology and incorporates an increase to the FY15 contract due to additional legislative funding. The maximum payment for FY15 will be$1,703,264.00. A new contract or option letter will be sent in the future to address FY16. If you have questions, please give me a call at extension 6510. 0 I il 0 0 2015-0832 DoBro 0 RECEIVED APR 08 2015 HEALTD FINANCIH CARE PDdG LICY Contract Number 14-55377A1 CONTRACT AMENDMENT NO. I Original Contract Number 14-55377 I. PARTIES This Amendment to the above-referenced Original Contract (hereinafter called the "Contract") is entered into by and between Weld County Department of Human Services, by and through the Weld County Board of Commissioners, PO Box 1805, Greeley, Colorado 80632, (hereinafter called "Contractor"), and the STATE OF COLORADO, acting by and through the Department of Health Care Policy and Financing, 1570 Grant Street, Denver, Colorado 80203 (hereinafter called "Department" or"State.") 2. EFFECTIVE DATE AND ENFORCEABILITY This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the "Effective Date.") The Department shall not be liable to pay or reimburse Contractor for any performance hereunder, including, but not limited to, costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3. FACTUAL RECITALS The Parties entered into the Contract for the Contractor to serve as a Single Entry Point (SEP) Agency within a local area where a current or potential long-term care client can obtain long-term care information, screening, assessment of need, and referral to appropriate long-term care program and case management services for all Coloradoans within their designated district. The purpose of this Amendment is to set a Contractor maximum amount payable for State Fiscal Year 2014-15 and future State Fiscal Years as opposed to a statewide maximum amount payable for multiple SEP contractors and to modify compensation to provide for a fixed-monthly rate. 4. CONSIDERATION The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Amendment. 5. LIMITS OF EFFECT This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments thereto, if any, remain in full force and effect except as specifically modified herein. 6. MODIFICATIONS The Contract and all prior amendments thereto, if any, are modified as follows: A. Section 7, PAYMENTS TO CONTRACTOR, Subsection A, Maximum Amount is hereby deleted in its entirety and replaced as follows: A. MAXIMUM AMOUNT For State Fiscal Year 2013-14, the maximum amount listed in the table is the maximum amount payable statewide for all SEP county contractors for the administration of the Long Term Care Programs for the Colorado Home and Community Based Services Population. Page 1 of 5 The maximum amount payable for State Fiscal Year 2014-15 is a maximum for the Contractor and is not a statewide maximum. This maximum amount is for the entire State Fiscal Year and includes the amounts already paid to the Contractor under the statewide maximum for multiple contractors for the part of the State Fiscal Year 2014-15 that occurred prior to the execution of Amendment 1. The maximum amount payable under this Contract to Contractor by the Department is shown in the following table, as determined by the Department from available funds. Payments to Contractor are limited to the unpaid obligated balance of the Contract at the rates set forth in Exhibit B. The maximum amount payable by the Department to Contractor is: Statewide Maximum for Multiple Contractors $12,619,975.64 State Fiscal Year 2013-14 (Effective Date through June 30, 2014) Contractor Maximum $1,703,264.00 State Fiscal Year 2014-15 QUALITY OF LIFE INTERVIEWS The maximum amount payable statewide for multiple contractors for the Quality of Life Interviews is shown in the following table, as determined by the Department from available funds. Payments to Contractor are limited to the unpaid obligated balance of the Contract at the rates set forth in Exhibit B. The maximum amount payable statewide for multiple contractors for Quality of Life Interviews is: State Fiscal Year 2013-14 Quality of $15,350.00 Life Interviews State Fiscal Year 2014-15 Quality of $15,350.00 Life Interviews B. Exhibit A, Statement of Work, Section 2.7,TRAINING, COMPLAINTS, APPEALS, CRITICAL INCIDENTS AND ADMINISTRATIVE OVERSIGHT REQUIREMENTS, Subsection 2.7.6, Client Count and Activities Worksheet is hereby deleted in its entirety and replaced as follows: 2.7.6. Client Counts 2.7.6.1 The Contractor shall submit to the Department a quarterly client report listing the client counts. The Contractor shall include data in the client report as specified by the Department. The data may vary from year to year based on agreements between the SEPs and the Department. 2.7.6.1.1 DELIVERABLE: Quarterly Client Report Page 2 of 5 2.7.6.1.2. DUE: Within fifteen(15) days of the end of the quarter for which the report covers. C. Exhibit A, Statement of Work, Section 3.0 COMPENSATION AND INVOICING, Subsection 3.1 COMPENSATION is hereby deleted in its entirety and replaced as follows: 3.1. COMPENSATION 3.1.1. The compensation under the Contract shall consist of a monthly payment. The Contractor will be paid the fixed-monthly rate as listed in Exhibit B. 3.1.2. The monthly payment shall take effect the first of the month in the month following the execution of this Amendment. In the event that the termination of the Contract occurs on a day that is not the last day of a month, then the Contractor shall receive a pro-rated share of the fixed-monthly rate calculated by dividing the number of days in the month prior to the date of termination into the total number of days in that month, and multiplying that fraction by the fixed-monthly rate, rounding to the nearest cent. 3.1.3. The Parties recognize that funding has been appropriated by the State, and compensation is limited by the maximum amount payable listed in Contract Section 7. Payments to Contractor, Subsection A. Maximum Amount,regardless of any invoice provided by Contractor to the Department. 3.1.4. The Parties recognize that funding has been appropriated by the State, and compensation for Quality of Life Interviews is limited by the maximum amount payable statewide for multiple contractors for the Quality of Life Interviews, regardless of any invoice provided by Contractor to the Department. 3.1.5. The sole compensation,up to the maximum amount payable, shall consist of the following: 3.1.5.1. Monthly Payments. 3.1.5.2. Monthly Per County-Served Amount 3.1.5.2.1. Any Per County-Served Amount required per 10 C.C.R. 2505-10, Section 8.392,A. 1 and 2, is included in the Monthly Payments and the Contractor shall not receive a separate payment for the Per County-Served Amount. 3.1.6.1 Colorado Quality of Life Interview Payment 3.1.6.1.1 A price for each Colorado Quality of Life Interview as per Exhibit B. The maximum amount payable statewide for multiple contractors for the Quality of Life Interviews shall not exceed$15,350.00. The Department shall notify Contractor immediately in writing when funding for Quality of Life Interviews drops below 10%of this amount. D. Exhibit A, Statement of Work, Section 3.0 COMPENSATION AND INVOICING, Subsection 3.2 INVOICING is hereby deleted in its entirety and replaced as follows: 3.2 INVOICING 3.2.1 The Contractor shall invoice the Department on a monthly basis, within fifteen (15) days of the end of the month for which the invoice covers. The Contractor shall invoice the Department within ten(10) days of the end of the month for the June invoice. The Contractor shall not submit any invoice for a month prior to the last day of that month. The invoice shall include all of the following: Page 3 of 5 3.1.2.1.1 The Monthly Payment Amount. 3.1.2.1.2 The number of Rural Colorado Quality of Life Interviews. 3.1.2.1.3 The number of Non-Rural Colorado Quality of Life Interviews. E. Exhibit A, Statement of Work, Section 3.3 PAYMENT, sentence 3.3.5.1 is hereby deleted in its entirety. F. Exhibit B, Rates is hereby deleted in its entirety and replaced with the following: Service Rate Monthly Payment To Be Determined in a future Option Letter* Colorado Quality of Life $100.00 Per Completed Interviews: Non-Rural Interview Colorado Quality of Life $120.00 Per Completed Interviews: Rural Interview * The Department may use an Option Letter to determine the Contractor's monthly payment under this Contract. This Option Letter will be executed by the Department after the execution of Contract Amendment 1. 7. START DATE This Amendment shall take effect on its Effective Date. 8. ORDER OF PRECEDENCE Except for the Special Provisions and the HIPAA Business Associates Addendum, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Contract, the provisions of this Amendment shall in all respects supersede, govern, and control. The most recent version of the Special Provisions incorporated into the Contract or any amendment shall always control other provisions in the Contract or any amendments. 9. AVAILABLE FUNDS Financial obligations of the state payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, or otherwise made available to the Department by the federal government, state government and/or grantor. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 4 of 5 Contract Number 14-55377A1 THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT 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: STATE OF COLORADO: Weld County Department of Human Services John W. Hickenlooper, Governor / By: By: �� --X(: of Authorized Officer Susan E. Birch, IBA, BSN,'R.N Executive Director Department of Health Care Policy and Date: MAR 3 0 2015 Financin f 1 .� Mike Freeman LEGAL REVIEW: Printed Name of Authorized Officer John W. Suthers, Attorney General Pro-Tem, Board of Weld By: IV Ipc County Commissioners Printed Title of Authorized Officer Date: ALL CONTRACTS REQUIRE APPROVAL 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. STATE CONTROLLER: Robe aros, PA, MBA, JD By: Depa t o alth Ca P.. y and Financing Date: 2( l3 Page 5 of 5 o?06-083 ATTEST: didelliG: '•� BOARD OF COUNTY COMMISSIONERS Weld 'ou ty lerk to the 8 r WELD LD COUNTY,�( COLORADO / • U w°ct-J Deputy Clef to the 'far: �''+,,�,. �� . Mike Freeman, Pro-Tern MAR 3 0 2015 S,,YT ''lw AP D AS TO F ��� APPROVED AS TO SUBSTANCE Controller -'---`'•-'' Elected Offiial or DO artmerit Head i APPRO ED AS TO FORM NM -,tc J Director of General Services County Attorney 0?0/5-G F3.2- Hello