HomeMy WebLinkAboutbocc.res.033.20221
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO, ON BEHALF OF THE PITKIN COUNTY SHERIFF’S DEPARTMENT, APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF HUMAN SERVICES, OFFICE OF BEHAVIORAL HEALTH, PROVIDING
FUNDING FOR JAIL BASED BEHAVIORAL SERVICES
RESOLUTION NO. 033-2022
RECITALS
WHEREAS, Pursuant to Section 2.8.3 (Actions) of the Pitkin County Home Rule Charter
(“HRC”) official action by formal resolution shall be required for all actions of the Board of
County Commissioners (“BOCC”) not requiring ordinance power on matters of significant importance affecting citizens, and;
WHEREAS, Pursuant to Section 2.8.5 of the HRC the Board is authorized to approve
emergency resolutions, which shall become effective immediately upon adoption, and;
WHEREAS, The Colorado Department of Human Services, Office of Behavioral Health through funds authorized by the Colorado General Assembly (SB 12-163), intends to continue funding the Jail Based Behavioral Health Services Program (“JBBS”).
WHEREAS, The goal of the (JBBS) program is to support County Sheriffs in providing screening, assessment and treatment for offenders (over the age of 18 years) with substance use disorders (SUD) and co-occurring substance use and mental health disorders, as well as transition case management services
WHEREAS, The Department of Human Services has awarded a 100% grant to Pitkin County with specific conditions contained in the contract, in the amount of $198,850.00 for the use and benefit of the Pitkin County Sheriff’s Department for (JBBS)
WHEREAS, The BOCC finds that approval of this resolution is necessary for the
immediate preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore declares this resolution to be effective immediately pursuant to the HRC Section 2.8.5.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that it hereby approves a Resolution, on Behalf of the Pitkin County Sheriff’s Department, approving a Contract with the Colorado Department of Human Services, Office of Behavioral Health and authorizes the Chair to sign the Resolution and upon the satisfaction of the County Attorney as to form, execute any other
associated documents necessary to complete this matter.
Contract No. 190-2022
Attached
2
INTRODUCED AND FIRST READ ON THE 11TH DAY OF MAY, 2022 AND SET
FOR SECOND READING AND PUBLIC HEARING ON THE 25TH DAY OF MAY 2022.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 12TH DAY
OF MAY, 2022.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com )
ON THE 12TH DAY OF MAY 2022.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 25TH DAY OF MAY 2022.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 26TH DAY OF MAY 2022.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE 2ND DAY OF JUNE, 2022.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By _________________________ By: _____________________________ Julia Ely Patti Clapper, Chair Deputy County Clerk Date: ______________
MANAGER APPROVAL
_________________________________
APPROVED AS TO FORM:
___________________________
Laura Makar, Asst County Attorney Phylis Mattice for Jon Peacock, County Manager
Jun-09-2022
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STATE OF COLORADO DEPARTMENT OF HUMAN SERVICES CONTRACT
SIGNATURE AND COVER PAGES
CMS #: 23 IBEH 174473 eClearance#: 2203843
State Agency
Colorado Department of Human Services
Behavioral Health Administration
Contractor
Pitkin County Colorado for the use and benefit of Pitkin County Sheriff's Department
Contractor’s State of Incorporation: Colorado
$198,850.00
Contract Maximum Amount
Initial Term State Fiscal Year 2023 Extension Terms
Maximum Amount for All Fiscal Years $198,500.00
Contract Performance Beginning Date
The later of the Effective Date or July 1, 2022
Initial Contract Expiration Date June 30, 2023
Except as stated in §2D, the total duration of this Contract, including the exercise of any options to extend, shall not exceed 5 Years from its Performance Beginning Date.
Pricing/Funding
Price Structure: Cost Reimbursement Contractor shall invoice: Monthly
Fund Source: State General Fund
Options
The State shall have the following options if indicated with “Yes,” as further described in §2.C and §5.B.v: Option to Extend Term per §2.C: Yes
Option to Increase or Decrease Maximum Amount per §5.B.v: Yes
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Contract No.190-2022
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Insurance Contractor shall maintain the following insurance if indicated with “Yes,” as further described in §10:
Worker’s Compensation: Yes General Liability: Yes Automobile Liability: Yes Protected Information: Yes Professional Liability Insurance: Yes Cyber/Net. Security-Privacy Liability Insurance: No Crime Insurance: No
Miscellaneous Authority to enter into this Contract exists in: C.R.S. § 27- 80-106.
Law-Specified Vendor Statute (if any): NAProcurement Method: ExemptSolicitation Number (if any): NA
State Representative
Summer Gathercole Behavioral Health Administration
3824 West Princeton Circle Denver, CO 80236 303-866-2354 / summer.gathercole@state.co.us
Contractor Representative
Rob Nye, Sergeant Pitkin County Sheriff's Office
530 E Main St., Suite 103 Aspen, CO 81611 970-920-5331 / rob.nye@pitkinsheriff.com
Exhibits
The following Exhibits are attached and incorporated into this Contract:
Exhibit A - Statement of Work
Exhibit B - Budget Exhibit C - Miscellaneous Provisions Exhibit D - HIPAA BAA/QSOA
Contract Purpose
In accordance with the provisions of this Contract and its exhibits and attachments, the Contractor shall provide substance abuse and mental health treatment in the Pitkin County jail.
Signature Page Begins On Next Page
THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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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 Pitkin County Colorado for the use and benefit of Pitkin
County Sheriff's Office
______________________________________________
By: Patti Clapper, Chair, Board of County
Commissioners
Date: _________________________
STATE OF COLORADO Jared S. Polis, Governor
Department of Human Services
Michelle Barnes, Executive Director
______________________________________________
By:
Date: _________________________
2nd State or Contractor Signature if Needed
______________________________________________ By: Name & Title of Person Signing for Signatory
Date: _________________________
LEGAL REVIEW Philip J. Weiser, Attorney General
By:_______________________________________________ Assistant Attorney General
Date: _________________________
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
By:___________________________________________ Andrea Eurich / Janet Miks/Toni Williamson
Effective Date:_____________________
-- Signature and Cover Pages End --
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6/2/2022
Morgan Medlock Commissioner, BHA
6/6/2022
6/13/2022
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TABLE OF CONTENTS SIGNATURE AND COVER PAGES…………………………………………………………….1 1. PARTIES……………………………………………………………………………………….4 2. TERM AND EFFECTIVE DATE……………………..………..……………………………...4 3. DEFINITIONS………………………………………………………………………………….6
4. STATEMENT OF WORK……………………………………………………………………..9 5. PAYMENTS TO CONTRACTOR……………………..…………………………………….10 6. REPORTING-NOTIFICATION………………………………………………………………12 7. CONTRACTOR RECORDS……………………………………………………...…………..12 8. CONFIDENTIAL INFORMATION-STATE RECORDS……………………………………13
9. CONFLICTS OF INTEREST…………………………………………………………………15 10. INSURANCE…………………………………………………………………..…………….16 11. BREACH OF CONTRACT………………………………………………………………….19 12. REMEDIES……………………………………………………………………..……………19 13. STATE’S RIGHT OF REMOVAL………………………………………………...………..21
14. DISPUTE RESOLUTION……………………………………………………..…………….21 15. NOTICES AND REPRESENTATIVES…………………………………….………………22 16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION…………..……………..22 17. STATEWIDE CONTRACT MANAGEMENT SYSTEM……………..……….…………..24 18. GENERAL PROVISIONS…………………………………………………………………..24
19. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)……….…….29 20. DEPARTEMENT OF HUMAN SERVICES PROVISIONS………………………..……..32 21. SAMPLE OPTION LETTER (IF APPLICABLE)…………………………………………34
1. PARTIES
This Contract is entered into by and between Contractor named on the Signature and
Cover Pages for this Contract (the “Contractor”), and the STATE OF COLORADO acting by
and through the Department of Human Services (the “State” or “CDHS”). Contractor and the
State agree to the terms and conditions in this Contract.
2. TERM AND EFFECTIVE DATE
A. Effective Date
This Contract shall not be valid or enforceable until the Effective Date. The State shall
not be bound by any provision of this Contract before the Effective Date, and shall have no
obligation to pay Contractor for any Work performed or expense incurred before the Effective
Date or after the expiration or sooner termination of this Contract.
B. Initial Term
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The Parties’ respective performances under this Contract shall commence on the Contract
Performance Beginning Date shown on the Signature and Cover Pages for this Contract and shall
terminate on the Initial Contract Expiration Date shown on the Signature and Cover Pages for
this Contract (the “Initial Term”) unless sooner terminated or further extended in accordance
with the terms of this Contract.
C. Extension Terms - State’s Option
If the Signature and Cover Pages for this Contract shows that the State has the Option to
Extend Term, then the State, at its discretion, shall have the option to extend the performance
under this Contract beyond the Initial Term for a period, or for successive periods, at the same
rates and under the same terms specified in the Contract (each such period an “Extension
Term”). In order to exercise this option, the State shall provide written notice to Contractor in a
form substantially equivalent to §21 “Sample Option Letter.” The State may include and
incorporate a revised budget with the option letter, as long as the revised budget does not
unilaterally change rates or terms specified in the Contract. Except as stated in §2.D, the total
duration of this Contract, including the exercise of any options to extend, shall not exceed 5
years from its Performance Beginning Date, or the number of years specified on the Signature
and Cover Pages if such number is less than 5 years, absent prior approval from the Chief
Procurement Officer in accordance with the Colorado Procurement Code.
D. End of Term Extension
If this Contract approaches the end of its Initial Term, or any Extension Term then in
place, the State, at its discretion, upon written notice to Contractor as provided in §15, may
unilaterally extend such Initial Term or Extension Term for a period not to exceed 2 months (an
“End of Term Extension” or “Holdover”), regardless of whether additional Extension Terms are
available or not. Any such extension shall be under the same terms and conditions of the
operative Contract including, but not limited to, prices, rates, and service delivery requirements.
The provisions of this Contract in effect when such notice is given shall remain in effect during
the End of Term Extension. The End of Term Extension shall automatically terminate upon
execution of a replacement contract or modification extending the total term of the Contract.
E. Early Termination in the Public Interest
The State is entering into this Contract to serve the public interest of the State of
Colorado as determined by its Governor, General Assembly, or Courts. If this Contract ceases to
further the public interest of the State, the State, in its discretion, may terminate this Contract in
whole or in part. A determination that this Contract should be terminated in the public interest
shall not be equivalent to a State right to terminate for convenience. This subsection shall not
apply to a termination of this Contract by the State for breach by Contractor, which shall be
governed by §12.A.i.
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i. Method and Content
The State shall notify Contractor of such termination in accordance with §15. The notice
shall specify the effective date of the termination and whether it affects all or a portion of this
Contract, and shall include, to the extent practicable, the public interest justification for the
termination.
ii. Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Contractor
shall be subject to the rights and obligations set forth in §12.A.i.a.
iii. Payments
If the State terminates this Contract in the public interest, the State shall pay Contractor
an amount equal to the percentage of the total reimbursement payable under this Contract that
corresponds to the percentage of Work satisfactorily completed and accepted, as determined by
the State, less payments previously made. Additionally, if this Contract is less than 60%
completed, as determined by the State, the State may reimburse Contractor for a portion of actual
out-of-pocket expenses, not otherwise reimbursed under this Contract, incurred by Contractor
which are directly attributable to the uncompleted portion of Contractor’s obligations, provided
that the sum of any and all reimbursement shall not exceed the maximum amount payable to
Contractor hereunder.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Breach of Contract” means the failure of a Party to perform any of its obligations
in accordance with this Contract, in whole or in part or in a timely or satisfactory manner. The
institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or
against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its
property, which is not vacated or fully stayed within 30 days after the institution of such
proceeding, shall also constitute a breach. If Contractor is debarred or suspended under §24-109-
105, C.R.S. at any time during the term of this Contract, then such debarment or suspension shall
constitute a breach.
B. “Business Day” means any day other than Saturday, Sunday, or a Legal Holiday
as listed in §24-11-101(1) C.R.S.
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C. “Chief Procurement Officer” means the individual to whom the Executive
Director has delegated his or her authority pursuant to §24-102-202(6), C.R.S. to procure or
supervise the procurement of all supplies and services needed by the state.
D. “CJI” means criminal justice information collected by criminal justice agencies
needed for the performance of their authorized functions, including, without limitation, all
information defined as criminal justice information by the U.S. Department of Justice, Federal
Bureau of Investigation, Criminal Justice Information Services Security Policy, as amended and
all Criminal Justice Records as defined under 24-72-302 C.R.S.
E. “Contract” means this agreement, including all attached Exhibits, all documents
incorporated by reference, all referenced statutes, rules and cited authorities, and any future
modifications thereto. For purposes of clarification and the removal of any doubt, subject to any
future modifications thereto, the Signature and Cover Pages and Sections 1 through 21, as
identified in the Table of Contents herein above, shall constitute the “main body” of this Contract
exclusively.
F. “Contract Funds” means the funds that have been appropriated, designated,
encumbered, or otherwise made available for payment by the State under this Contract.
G. “CORA” means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S.
H. “End of Term Extension” means the time period defined in §2.D.
I. “Effective Date” means the date on which this Contract is approved and signed by
the Colorado State Controller or designee, as shown on the Signature Page for this Contract. If
this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6),
then Effective Date of this Contract shall be the later of the date on which this Contract is
approved and signed by the State’s Chief Information Officer or authorized delegate or the date
on which this Contract is approved and signed by the State Controller or authorized delegate, as
shown on the Signature and Cover Page for this Contract.
J. “Exhibits” means the exhibits and attachments included with this Contract as
shown on the Signature and Cover Pages for this Contract..
K. “Extension Term” means the time period defined in §2.C.
L. “Goods” means any movable material acquired, produced, or delivered by
Contractor as set forth in this Contract and shall include any movable material acquired,
produced, or delivered by Contractor in connection with the Services.
M. “Incident” means any accidental or deliberate event that results in or constitutes
an imminent threat of the unauthorized access, loss, disclosure, modification, disruption, or
destruction of any communications or information resources of the State, which are included as
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part of the Work, as described in §§24-37.5-401, et. seq., C.R.S. Incidents include, without
limitation, (i) successful attempts to gain unauthorized access to a State system or State Records
regardless of where such information is located; (ii) unwanted disruption or denial of service;
(iii) the unauthorized use of a State system for the processing or storage of data; or (iv) changes
to State system hardware, firmware, or software characteristics without the State’s knowledge,
instruction, or consent.
N. “Initial Term” means the time period defined in §2.B.
O. “Party” means the State or Contractor, and “Parties” means both the State and
Contractor.
P. “PCI” means payment card information including any data related to credit card
holders’ names, credit card numbers, or the other credit card information as may be protected by
state or federal law.
Q. “PII” means personally identifiable information including, without limitation, any
information maintained by the State about an individual that can be used to distinguish or trace
an individual’s identity, such as name, social security number, date and place of birth, mother’s
maiden name, or biometric records; and any other information that is linked or linkable to an
individual, such as medical, educational, financial, and employment information. PII includes,
but is not limited to, all information defined as personally identifiable information in §24-72-501
and 24-73-101, C.R.S.
R. “PHI” means any individually identifiable health information, transmitted or
maintained in electronic or any form or medium, including but not limited to demographic
information,, (i) that relates to the past, present or future physical or mental condition of an
individual; the provision of health care to an individual; or the past, present or future payment for
the provision of health care to an individual; and (ii) that identifies the individual or with respect
to which there is a reasonable basis to believe the information can be used to identify the
individual. PHI includes, but is not limited to, any information defined as Individually
Identifiable Health Information by the federal Health Insurance Portability and Accountability
Act.
S. “Services” means the services to be performed by Contractor as set forth in this
Contract, and shall include any services to be rendered by Contractor in connection with the
Goods.
T. “State Confidential Information” means any and all State Records not subject to
disclosure under CORA. State Confidential Information shall include, but is not limited to, PII,
PHI, PCI, Tax Information, CJI, Educational Records, Substance Use Disorder Information, and
State personnel records not subject to disclosure under CORA. State Confidential Information
shall not include information or data concerning individuals that is not deemed confidential but
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nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the
State to Contractor which (i) is subject to disclosure pursuant to CORA; (ii) is already known to
Contractor without restrictions at the time of its disclosure to Contractor; (iii) is or subsequently
becomes publicly available without breach of any obligation owed by Contractor to the State;
(iv) is disclosed to Contractor, without confidentiality obligations, by a third party who has the
right to disclose such information; or (v) was independently developed without reliance on any
State Confidential Information.
U. “State Fiscal Rules” means that fiscal rules promulgated by the Colorado State
Controller pursuant to §24-30-202(13)(a), C.R.S.
V. “State Fiscal Year” means a 12 month period beginning on July 1 of each
calendar year and ending on June 30 of the following calendar year. If a single calendar year
follows the term, then it means the State Fiscal Year ending in that calendar year.
W. “State Records” means any and all State data, information, and records,
regardless of physical form, including, but not limited to, information subject to disclosure under
CORA.
X. “Subcontractor” means third-parties, if any, engaged by Contractor to aid in
performance of the Work.
Y. “Tax Information” means federal and State of Colorado tax information
including, without limitation, federal and State tax returns, return information, and such other
tax-related information as may be protected by federal and State law and regulation. Tax
Information includes, but is not limited to all information defined as federal tax information in
Internal Revenue Service Publication 1075.
Z. “Work” means the Goods delivered and Services performed pursuant to this
Contract.
AA. “Work Product” means the tangible and intangible results of the Work, whether
finished or unfinished, including drafts. Work Product includes, but is not limited to, documents,
text, software (including source code), research, reports, proposals, specifications, plans, notes,
studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys,
maps, materials, ideas, concepts, know-how, and any other results of the Work. “Work Product”
does not include any material that was developed prior to the Effective Date that is used, without
modification, in the performance of the Work.
Any other term used in this Contract that is defined in an Exhibit shall be construed and
interpreted as defined in that Exhibit.
4. STATEMENT OF WORK
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Contractor shall complete the Work as described in this Contract and in accordance with
the provisions of the Exhibits. The State shall have no liability to compensate Contractor for the
delivery of any goods or the performance of any services that are not specifically set forth in this
Contract.
5. PAYMENTS TO CONTRACTOR
A. Maximum Amount
Payments to Contractor are limited to the unpaid, obligated balance of the Contract
Funds. The State shall not pay Contractor any amount under this Contract that exceeds the
Contract Maximum for that term shown on the Signature and Cover Pages for this Contract.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Contractor in the amounts and in accordance
with the Exhibits.
b. Contractor shall initiate payment requests by invoice to the State,
in a form and manner approved by the State. Invoicing is a material component of Contract
performance and corresponding Deliverables. Invoices shall be due to the State within 45 days of
work performed by the Contractor, unless otherwise stated in the Exhibits hereto. Invoicing shall
be done accurately and per any specifications set forth in the Exhibits hereto. Time is of the
essence in this regard. If Contractor fails to timely and/or properly invoice the State, the State
may not be obligated to pay the bill resulting from said invoice. Failure to timely and/or properly
invoice the State is a material breach of this Contract which would be cause for the State to
refuse payment and/or terminate the contract on these grounds in whole or in part, at the State’s
discretion.
c. The State shall pay each invoice within 45 days following the
State’s receipt of that invoice, so long as the amount invoiced correctly represents Work
completed by Contractor and previously accepted by the State during the term that the invoice
covers. If the State determines that the amount of any invoice is not correct, then Contractor shall
make all changes necessary to correct that invoice.
d. The acceptance of an invoice shall not constitute acceptance of any
Work performed or deliverables provided under the Contract.
ii. Interest
Amounts not paid by the State within 45 days of the State’s acceptance of the invoice
shall bear interest on the unpaid balance beginning on the 45th day at the rate of 1% per month,
as required by §24-30-202(24)(a), C.R.S., until paid in full; provided, however, that interest shall
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not accrue on unpaid amounts that the State disputes in writing. Contractor shall invoice the State
separately for accrued interest on delinquent amounts, and the invoice shall reference the
delinquent payment, the number of day’s interest to be paid and the interest rate.
iii. Payment Disputes
If Contractor disputes any calculation, determination or amount of any payment,
Contractor shall notify the State in writing of its dispute within 30 days following the earlier to
occur of Contractor’s receipt of the payment or notification of the determination or calculation of
the payment by the State. The State will review the information presented by Contractor and may
make changes to its determination based on this review. The calculation, determination or
payment amount that results from the State’s review shall not be subject to additional dispute
under this subsection. No payment subject to a dispute under this subsection shall be due until
after the State has concluded its review, and the State shall not pay any interest on any amount
during the period it is subject to dispute under this subsection.
iv. Available Funds-Contingency-Termination
The State is prohibited by law from making commitments beyond the term of the current
State Fiscal Year. Payment to Contractor beyond the current State Fiscal Year is contingent on
the appropriation and continuing availability of Contract Funds in any subsequent year (as
provided in the Colorado Special Provisions). If federal funds or funds from any other non-State
funds constitute all or some of the Contract Funds the State’s obligation to pay Contractor shall
be contingent upon such non-State funding continuing to be made available for payment.
Payments to be made pursuant to this Contract shall be made only from Contract Funds, and the
State’s liability for such payments shall be limited to the amount remaining of such Contract
Funds. If State, federal or other funds are not appropriated, or otherwise become unavailable to
fund this Contract, the State may, upon written notice, terminate this Contract, in whole or in
part, without incurring further liability. The State shall, however, remain obligated to pay for
Services and Goods that are delivered and accepted prior to the effective date of notice of
termination, and this termination shall otherwise be treated as if this Contract were terminated in
the public interest as described in §2.E.
v. Option to Increase Maximum Amount
If the Signature and Cover Pages for this Contract show that the State has the Option to
Increase or Decrease Maximum Amount, then the State, at its discretion, shall have the option to
increase or decrease the statewide quantity of Goods and Services based upon the rates
established in this Contract, and increase or decrease the maximum amount payable accordingly.
In order to exercise this option, the State shall provide written notice to Contractor in a form
substantially equivalent to §21 “Sample Option Letter.” Delivery of Goods and performance of
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Services shall continue at the same rates and terms as described in this Contract. The State may
include and incorporate a revised budget with the option letter, as long as the revised budget does
not unilaterally change rates or terms specified in the Contract.
6. REPORTING - NOTIFICATION
A. Quarterly Reports.
In addition to any reports required pursuant to §17 or pursuant to any other Exhibit, for
any contract having a term longer than 3 months, Contractor shall submit, on a quarterly basis, a
written report specifying progress made for each specified performance measure and standard in
this Contract. Such progress report shall be in accordance with the procedures developed and
prescribed by the State. Progress reports shall be submitted to the State at the time or times
specified by the State in this Contract, or, if no time is specified in this Contract, not later than 5
Business Days following the end of each calendar quarter.
B. Litigation Reporting
If Contractor is served with a pleading or other document in connection with an action
before a court or other administrative decision making body, and such pleading or document
relates to this Contract or may affect Contractor’s ability to perform its obligations under this
Contract, Contractor shall, within 5 days after being served, notify the State of such action and
deliver copies of such pleading or document to the State’s principal representative identified on
the Signature and Cover Pages as provided in §15.
C. Performance Outside the State of Colorado or the United States, §24-102-206
C.R.S.
To the extent not previously disclosed in accordance with §24-102-206, C.R.S.,
Contractor shall provide written notice to the State, in accordance with §15 and in a form
designated by the State, within 20 days following the earlier to occur of Contractor’s decision to
perform Services outside of the State of Colorado or the United States, or its execution of an
agreement with a Subcontractor to perform, Services outside the State of Colorado or the United
States. Such notice shall specify the type of Services to be performed outside the State of
Colorado or the United States and the reason why it is necessary or advantageous to perform
such Services at such location or locations, and such notice shall be a public record. Knowing
failure by Contractor to provide notice to the State under this section shall constitute a breach of
this Contract. This section shall not apply if the Contract Funds include any federal funds.
7. CONTRACTOR RECORDS
A. Maintenance
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Contractor shall maintain a file of all documents, records, communications, notes and
other materials relating to the Work (the “Contractor Records”). Contractor Records shall
include all documents, records, communications, notes and other materials maintained by
Contractor that relate to any Work performed by Subcontractors, and Contractor shall maintain
all records related to the Work performed by Subcontractors required to ensure proper
performance of that Work. Contractor shall maintain Contractor Records until the last to occur
of: (i) the date 3 years after the date this Contract expires or is terminated, (ii) final payment
under this Contract is made, (iii) the resolution of any pending Contract matters, or (iv) if an
audit is occurring, or Contractor has received notice that an audit is pending, the date such audit
is completed and its findings have been resolved (the “Record Retention Period”).
B. Inspection
Contractor shall permit the State, the federal government, and any duly authorized agent
of a governmental entity, to audit, inspect, examine, excerpt, copy and transcribe Contractor
Records during the Record Retention Period. Contractor shall make Contractor Records available
during normal business hours at Contractor’s office or place of business, or at other mutually
agreed upon times or locations, upon no fewer than 2 Business Days’ notice from the State,
unless the State determines that a shorter period of notice, or no notice, is necessary to protect
the interests of the State.
C. Monitoring
The State, in its discretion, may monitor Contractor’s performance of its obligations
under this Contract using procedures as determined by the State. The State shall monitor
Contractor’s performance in a manner that does not unduly interfere with Contractor’s
performance of the Work.
D. Final Audit Report
Contractor shall promptly submit to the State a copy of any final audit report of an audit
performed on Contractor’s records that relates to or affects this Contract or the Work, whether
the audit is conducted by Contractor or a third party.
8. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Contractor shall keep confidential, and cause all Subcontractors to keep confidential, all
State Records, unless those State Records are publicly available. Contractor shall not, without
prior written approval of the State, use, publish, copy, disclose to any third party, or permit the
use by any third party of any State Records, except as otherwise stated in this Contract, permitted
by law, or approved in writing by the State. Contractor shall provide for the security of all State
Confidential Information in accordance with all policies promulgated by the Colorado Office of
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Information Security and all applicable laws, rules, policies, publications, and guidelines. If
Contractor or any of its Subcontractors will or may receive the following types of data,
Contractor or its Subcontractors shall provide for the security of such data according to the
following: (i) the most recently promulgated IRS Publication 1075 for all Tax Information and in
accordance with the Safeguarding Requirements for Federal Tax Information attached to this
Contract as an Exhibit, if applicable, (ii) the most recently updated PCI Data Security Standard
from the PCI Security Standards Council for all PCI, (iii) the most recently issued version of the
U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice Information
Services Security Policy for all CJI, (iv) the federal Health Insurance Portability and
Accountability Act for all PHI and the HIPAA Business Associate Agreement attached to this
Contract, if applicable. Contractor shall immediately forward any request or demand for State
Records to the State’s principal representative, and (v) the federal 42 Part2 for all substance use
disorder information and the HIPAA Business Associate\Qualified Service Organization
Agreement attached to this Contract, if applicable. Contractor shall immediately forward any
request or demand for State Records to the State’s principal representative.
B. Other Entity Access and Nondisclosure Agreements
Contractor may provide State Records to its agents, employees, assigns and
Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential
Information to those agents, employees, assigns and Subcontractors who require access to
perform their obligations under this Contract. Contractor shall ensure all such agents, employees,
assigns, and Subcontractors sign agreements containing nondisclosure provisions at least as
protective as those in this Contract, and that the nondisclosure provisions are in force at all times
the agent, employee, assign or Subcontractor has access to any State Confidential Information.
Contractor shall provide copies of those signed nondisclosure provisions to the State upon
execution of the nondisclosure provisions.
C. Use, Security, and Retention
Contractor shall use, hold and maintain State Confidential Information in compliance
with any and all applicable laws and regulations in facilities located within the United States, and
shall maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located. Contractor shall provide the State with access, subject to
Contractor’s reasonable security requirements, for purposes of inspecting and monitoring access
and use of State Confidential Information and evaluating security control effectiveness. Upon the
expiration or termination of this Contract, Contractor shall return State Records provided to
Contractor or destroy such State Records and certify to the State that it has done so, as directed
by the State. If Contractor is prevented by law or regulation from returning or destroying State
Confidential Information, Contractor warrants it will guarantee the confidentiality of, and cease
to use, such State Confidential Information.
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D. Incident Notice and Remediation
If Contractor becomes aware of any Incident, it shall notify the State immediately and
cooperate with the State regarding recovery, remediation, and the necessity to involve law
enforcement, as determined by the State. Unless Contractor can establish that none of Contractor
or any of its agents, employees, assigns or Subcontractors are the cause or source of the Incident,
Contractor shall be responsible for the cost of notifying each person who may have been
impacted by the Incident. After an Incident, Contractor shall take steps to reduce the risk of
incurring a similar type of Incident in the future as directed by the State, which may include, but
is not limited to, developing and implementing a remediation plan that is approved by the State,
at no additional cost to the State. The State may, in its sole discretion and at Contractor’s sole
expense, require Contractor to engage the services of an independent, qualified, State-approved
third party to conduct a security audit. Contractor shall provide the State with the results of such
audit and evidence of Contractor’s planned remediation in response to any negative findings.
E. Data Protection and Handling
Contractor shall ensure that all State Records and Work Product in the possession of
Contractor or any Subcontractors are protected and handled in accordance with the requirements
of this Contract, including the requirements of any Exhibits hereto, at all times.
F. Safeguarding PII
If Contractor or any of its Subcontractors will or may receive PII under this Contract,
Contractor shall provide for the security of such PII, in a manner and form acceptable to the
State, including, without limitation, State non-disclosure requirements, use of appropriate
technology, security practices, computer access security, data access security, data storage
encryption, data transmission encryption, security inspections, and audits. Contractor shall be a
“Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S. and shall maintain
security procedures and practices consistent with §§24-73-101 et seq., C.R.S.
9. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Contractor shall not engage in any business or activities, or maintain any relationships
that conflict in any way with the full performance of the obligations of Contractor under this
Contract. Such a conflict of interest would arise when a Contractor or Subcontractor’s employee,
officer or agent were to offer or provide any tangible personal benefit to an employee of the
State, or any member of his or her immediate family or his or her partner, related to the award of,
entry into or management or oversight of this Contract.
B. Apparent Conflicts of Interest
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Contractor acknowledges that, with respect to this Contract, even the appearance of a
conflict of interest shall be harmful to the State’s interests. Absent the State’s prior written
approval, Contractor shall refrain from any practices, activities or relationships that reasonably
appear to be in conflict with the full performance of Contractor’s obligations under this Contract.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Contractor is uncertain whether a
conflict or the appearance of a conflict has arisen, Contractor shall submit to the State a
disclosure statement setting forth the relevant details for the State’s consideration. Failure to
promptly submit a disclosure statement or to follow the State’s direction in regard to the actual or
apparent conflict constitutes a breach of this Contract.
D. Contractor shall maintain a written conflict of interest policy. Contractor shall
provide the written conflict of interest policy to the State upon request.
10. INSURANCE
Contractor shall obtain and maintain, and ensure that each Subcontractor shall obtain and
maintain, insurance as specified in this section at all times during the term of this Contract to the
extent that such insurance policies are required as shown on the Signature and Cover Page for
this Contract. All insurance policies required by this Contract shall be issued by insurance
companies as approved by the State. These insurance requirements shall not be construed as
caps or limitations on liability.
A. Workers’ Compensation
Workers’ compensation insurance as required by state statute, and employers’ liability
insurance covering all Contractor or Subcontractor employees acting within the course and scope
of their employment.
B. General Liability
Commercial general liability insurance covering premises operations, fire damage,
independent contractors, products and completed operations, blanket contractual liability,
personal injury, and advertising liability with minimum limits as follows:
i. $1,000,000 each occurrence;
ii. $1,000,000 general aggregate;
iii. $1,000,000 products and completed operations aggregate; and
iv. $50,000 any 1 fire.
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C. Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non-owned
autos) with a minimum limit of $1,000,000 each accident combined single limit.
D. 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:
i. $1,000,000 each occurrence; and
ii. $2,000,000 general aggregate.
iii. Notwithstanding sections D(i) and (ii) above, if Contractor has State
Confidential Information for 10 or fewer individuals or revenues of $250,000 or less, Contractor
shall maintain limits of not less than $50,000.
iv. Notwithstanding sections D(i) and (ii) above, if Contractor has State
Confidential Information for 25 or fewer individuals or revenues of $500,000 or less, Contractor
shall maintain limits of not less than $100,000.
E. Professional Liability Insurance
Professional liability insurance covering any damages caused by an error, omission or
any negligent act with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $1,000,000 general aggregate.
F. Crime Insurance
Crime insurance including employee dishonesty coverage with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $1,000,000 general aggregate.
G. Cyber/Network Security and Privacy Liability
Liability insurance covering civil, regulatory, and statutory damages, contractual
damages, data breach management exposure, and any loss of income or extra expense
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as a result of actual or alleged breach, violation or infringement of right to privacy,
consumer data protection law, confidentiality or other legal protection for personal
information, as well as State Confidential Information with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $2,000,000 general aggregate.
H. Additional Insured
The State shall be named as additional insured on all commercial general liability policies
(leases and construction contracts require additional insured coverage for completed operations)
required of Contractor and Subcontractors.
I. Primacy of Coverage
Coverage required of Contractor and each Subcontractor shall be primary and
noncontributory over any insurance or self-insurance program carried by Contractor or the State.
J. Cancellation
The above insurance policies shall include provisions preventing cancellation or non-
renewal, except for cancellation based on non-payment of premiums, without at least 30 days
prior notice to Contractor and Contractor shall forward such notice to the State in accordance
with §15 within 7 days of Contractor’s receipt of such notice.
K. Subrogation Waiver
All insurance policies secured or maintained by Contractor or its Subcontractors in
relation to this Contract shall include clauses stating that each carrier shall waive all rights of
recovery under subrogation or otherwise against Contractor or the State, its agencies, institutions,
organizations, officers, agents, employees, and volunteers.
L. Public Entities
If Contractor is a "public entity" within the meaning of the Colorado Governmental
Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”), Contractor shall maintain, in lieu of the
liability insurance requirements stated above, at all times during the term of this Contract such
liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities
under the GIA. If a Subcontractor is a public entity within the meaning of the GIA, Contractor
shall ensure that the Subcontractor maintain at all times during the terms of this Contract, in lieu
of the liability insurance requirements stated above, such liability insurance, by commercial
policy or self-insurance, as is necessary to meet the Subcontractor’s obligations under the GIA.
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M. Certificates
Contractor shall provide to the State certificates evidencing Contractor’s insurance
coverage required in this Contract within 7 Business Days following the Effective Date.
Contractor shall provide to the State certificates evidencing Subcontractor insurance coverage
required under this Contract within 7 Business Days following the Effective Date, except that, if
Contractor’s subcontract is not in effect as of the Effective Date, Contractor shall provide to the
State certificates showing Subcontractor insurance coverage required under this Contract within
7 Business Days following Contractor’s execution of the subcontract. No later than 15 days
before the expiration date of Contractor’s or any Subcontractor’s coverage, Contractor shall
deliver to the State certificates of insurance evidencing renewals of coverage. At any other time
during the term of this Contract, upon request by the State, Contractor shall, within 7 Business
Days following the request by the State, supply to the State evidence satisfactory to the State of
compliance with the provisions of this section.
11. BREACH OF CONTRACT
In the event of a Breach of Contract, the aggrieved Party shall give written notice of
breach to the other Party. If the notified Party does not cure the Breach of Contract, at its sole
expense, within 30 days after the delivery of written notice, the Party may exercise any of the
remedies as described in §12 for that Party. Notwithstanding any provision of this Contract to the
contrary, the State, in its discretion, need not provide notice or a cure period and may
immediately terminate this Contract in whole or in part or institute any other remedy in the
Contract in order to protect the public interest of the State; or if Contractor is debarred or
suspended under §24-109-105, C.R.S., the State, in its discretion, need not provide notice or cure
period and may terminate this Contract in whole or in part or institute any other remedy in this
Contract as of the date that the debarment or suspension takes effect.
12. REMEDIES
A. State’s Remedies
If Contractor is in breach under any provision of this Contract and fails to cure such
breach, the State, following the notice and cure period set forth in §11, shall have all of the
remedies listed in this section in addition to all other remedies set forth in this Contract or at law.
The State may exercise any or all of the remedies available to it, in its discretion, concurrently or
consecutively.
i. Termination for Breach
In the event of Contractor’s uncured breach, the State may terminate this entire Contract
or any part of this Contract. Contractor shall continue performance of this Contract to the extent
not terminated, if any.
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a. Obligations and Rights
To the extent specified in any termination notice, Contractor shall not incur further
obligations or render further performance past the effective date of such notice, and shall
terminate outstanding orders and subcontracts with third parties. However, Contractor shall
complete and deliver to the State all Work not cancelled by the termination notice, and may incur
obligations as necessary to do so within this Contract’s terms. At the request of the State,
Contractor shall assign to the State all of Contractor's rights, title, and interest in and to such
terminated orders or subcontracts. Upon termination, Contractor shall take timely, reasonable
and necessary action to protect and preserve property in the possession of Contractor but in
which the State has an interest. At the State’s request, Contractor shall return materials owned by
the State in Contractor’s possession at the time of any termination. Contractor shall deliver all
completed Work Product and all Work Product that was in the process of completion to the State
at the State’s request.
b. Payments
Notwithstanding anything to the contrary, the State shall only pay Contractor for
accepted Work received as of the date of termination. If, after termination by the State, the State
agrees that Contractor was not in breach or that Contractor's action or inaction was excusable,
such termination shall be treated as a termination in the public interest, and the rights and
obligations of the Parties shall be as if this Contract had been terminated in the public interest
under §2.E.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Contractor shall remain liable to
the State for any damages sustained by the State in connection with any breach by Contractor,
and the State may withhold payment to Contractor for the purpose of mitigating the State’s
damages until such time as the exact amount of damages due to the State from Contractor is
determined. The State may withhold any amount that may be due Contractor as the State deems
necessary to protect the State against loss including, without limitation, loss as a result of
outstanding liens and excess costs incurred by the State in procuring from third parties
replacement Work as cover.
ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional
remedies:
a. Suspend Performance
Suspend Contractor’s performance with respect to all or any portion of the Work pending
corrective action as specified by the State without entitling Contractor to an adjustment in price
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or cost or an adjustment in the performance schedule. Contractor shall promptly cease
performing Work and incurring costs in accordance with the State’s directive, and the State shall
not be liable for costs incurred by Contractor after the suspension of performance.
b. Withhold Payment
Withhold payment to Contractor until Contractor corrects its Work.
c. Deny Payment
Deny payment for Work not performed, or that due to Contractor’s actions or inactions,
cannot be performed or if they were performed are reasonably of no value to the state; provided,
that any denial of payment shall be equal to the value of the obligations not performed.
d. Intellectual Property
If any Work infringes, or if the State in its sole discretion determines that any Work is
likely to infringe, a patent, copyright, trademark, trade secret or other intellectual property right,
Contractor shall, as approved by the State, (i) secure that right to use such Work for the State and
Contractor; (ii) replace the Work with noninfringing Work or modify the Work so that it
becomes noninfringing; or, (iii) remove any infringing Work and refund the amount paid for
such Work to the State.
B. Contractor’s Remedies
If the State is in breach of any provision of this Contract and does not cure such breach,
Contractor, following the notice and cure period in §11 and the dispute resolution process in §14,
shall have all remedies available at law and equity.
13. STATE’S RIGHT OF REMOVAL
The State retains the right to demand, at any time, regardless of whether Contractor is in
breach, the immediate removal of any of Contractor’s employees, agents, or subcontractors from
the work whom the State, in its sole discretion, deems incompetent, careless, insubordinate,
unsuitable, or otherwise unacceptable or whose continued relation to this Contract is deemed by
the State to be contrary to the public interest or the State’s best interest.
14. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of
this Contract which cannot be resolved by the designated Contract representatives shall be
referred in writing to a senior departmental management staff member designated by the State
and a senior manager designated by Contractor for resolution.
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B. Resolution of Controversies
If the initial resolution described in §14.A fails to resolve the dispute within 10 Business
Days, Contractor shall submit any alleged breach of this Contract by the State to the Procurement
Official of CDHS as described in §24-101-301(30), C.R.S. for resolution in accordance with the
provisions of §§24-106-109 and 24-109-101.1 through 24-109-505, C.R.S., (the “Resolution
Statutes”), except that if Contractor wishes to challenge any decision rendered by the
Procurement Official, Contractor’s challenge shall be an appeal to the Executive Director of the
Department of Personnel and Administration, or their delegate, under the Resolution Statutes
before Contractor pursues any further action as permitted by such statutes. Except as otherwise
stated in this Section, all requirements of the Resolution Statutes shall apply including, without
limitation, time limitations.
15. NOTICES AND REPRESENTATIVES
Each individual identified on the Signature and Cover Pages shall be the principal
representative of the designating Party. All notices required or permitted to be given under this
Contract shall be in writing, and shall be delivered (A) by hand with receipt required, (B) by
certified or registered mail to such Party’s principal representative at the address set forth on the
Signature and Cover Pages for this Contract or (C) as an email with read receipt requested to the
principal representative at the email address, if any, set forth on the Signature and Cover Pages
for this Contract. If a Party delivers a notice to another through email and the email is
undeliverable, then, unless the Party has been provided with an alternate email contact, the Party
delivering the notice shall deliver the notice by hand with receipt required or by certified or
registered mail to such Party’s principal representative at the address set forth below. Either
Party may change its principal representative or principal representative contact information by
notice submitted in accordance with this section without a formal amendment to this Contract.
Unless otherwise provided in this Contract, notices shall be effective upon delivery of the written
notice.
16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
Contractor assigns to the State and its successors and assigns, the entire right, title, and
interest in and to all causes of action, either in law or in equity, for past, present, or future
infringement of intellectual property rights related to the Work Product and all works based on,
derived from, or incorporating the Work Product. Whether or not Contractor is under contract
with the State at the time, Contractor shall execute applications, assignments, and other
documents, and shall render all other reasonable assistance requested by the State, to enable the
State to secure patents, copyrights, licenses and other intellectual property rights related to the
Work Product. To the extent that Work Product would fall under the definition of “works made
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for hire” under 17 U.S.C.S. §101, the Parties intend the Work Product to be a work made for
hire.
i. Copyrights
To the extent that the Work Product (or any portion of the Work Product) would not be
considered works made for hire under applicable law, Contractor hereby assigns to the State, the
entire right, title, and interest in and to copyrights in all Work Product and all works based upon,
derived from, or incorporating the Work Product; all copyright applications, registrations,
extensions, or renewals relating to all Work Product and all works based upon, derived from, or
incorporating the Work Product; and all moral rights or similar rights with respect to the Work
Product throughout the world. To the extent that Contractor cannot make any of the assignments
required by this section, Contractor hereby grants to the State a perpetual, irrevocable, royalty-
free license to use, modify, copy, publish, display, perform, transfer, distribute, sell, and create
derivative works of the Work Product and all works based upon, derived from, or incorporating
the Work Product by all means and methods and in any format now known or invented in the
future. The State may assign and license its rights under this license.
ii. Patents
In addition, Contractor grants to the State (and to recipients of Work Product distributed
by or on behalf of the State) a perpetual, worldwide, no-charge, royalty-free, irrevocable patent
license to make, have made, use, distribute, sell, offer for sale, import, transfer, and otherwise
utilize, operate, modify and propagate the contents of the Work Product. Such license applies
only to those patent claims licensable by Contractor that are necessarily infringed by the Work
Product alone, or by the combination of the Work Product with anything else used by the State.
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Contract, any pre-existing
State Records, State software, research, reports, studies, photographs, negatives or other
documents, drawings, models, materials, data and information shall be the exclusive property of
the State (collectively, “State Materials”). Contractor shall not use, willingly allow, cause or
permit Work Product or State Materials to be used for any purpose other than the performance of
Contractor’s obligations in this Contract without the prior written consent of the State. Upon
termination of this Contract for any reason, Contractor shall provide all Work Product and State
Materials to the State in a form and manner as directed by the State.
C. Exclusive Property of Contractor
Contractor retains the exclusive rights, title, and ownership to any and all pre-existing
materials owned or licensed to Contractor including, but not limited to, all pre-existing software,
licensed products, associated source code, machine code, text images, audio and/or video, and
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third-party materials, delivered by Contractor under the Contract, whether incorporated in a
Deliverable or necessary to use a Deliverable (collectively, “Contractor Property”). Contractor
Property shall be licensed to the State as set forth in this Contract or a State approved license
agreement: (i) entered into as exhibits to this Contract; (ii) obtained by the State from the
applicable third-party vendor; or (iii) in the case of open source software, the license terms set
forth in the applicable open source license agreement.
17. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to Contractor under this Contract is $100,000 or greater,
either on the Effective Date or at any time thereafter, this section shall apply. Contractor agrees
to be governed by and comply with the provisions of §§24-106-103, 24-102-206, 24-106-106,
and 24-106-107, C.R.S. regarding the monitoring of vendor performance and the reporting of
contract performance information in the State’s contract management system (“Contract
Management System” or “CMS”). Contractor’s performance shall be subject to evaluation and
review in accordance with the terms and conditions of this Contract, Colorado statutes governing
CMS, and State Fiscal Rules and State Controller Policies.
18. GENERAL PROVISIONS
A. Assignment
Contractor’s rights and obligations under this Contract are personal and may not be
transferred or assigned without the prior, written consent of the State. Any attempt at assignment
or transfer without such consent shall be void. Any assignment or transfer of Contractor’s rights
and obligations approved by the State shall be subject to the provisions of this Contract
B. Subcontracts
Unless other restrictions are required elsewhere in this Contract, Contractor shall not
enter into any subcontract in connection with its obligations under this Contract without
providing notice to the State. The State may reject any such subcontract, and Contractor shall
terminate any subcontract that is rejected by the State and shall not allow any Subcontractor to
perform any Work after that Subcontractor’s subcontract has been rejected by the State.
Contractor shall submit to the State a copy of each such subcontract upon request by the State.
All subcontracts entered into by Contractor in connection with this Contract shall comply with
all applicable federal and state laws and regulations, shall provide that they are governed by the
laws of the State of Colorado, and shall be subject to all provisions of this Contract.
C. Binding Effect
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Except as otherwise provided in §18.A., all provisions of this Contract, including the
benefits and burdens, shall extend to and be binding upon the Parties’ respective successors and
assigns.
D. Authority
Each Party represents and warrants to the other that the execution and delivery of this
Contract and the performance of such Party’s obligations have been duly authorized.
E. Captions and References
The captions and headings in this Contract are for convenience of reference only, and
shall not be used to interpret, define, or limit its provisions. All references in this Contract to
sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments,
are references to sections, subsections, exhibits or other attachments contained herein or
incorporated as a part hereof, unless otherwise noted.
F. Counterparts
This Contract may be executed in multiple, identical, original counterparts, each of which
shall be deemed to be an original, but all of which, taken together, shall constitute one and the
same agreement.
G. Entire Understanding
This Contract represents the complete integration of all understandings between the
Parties related to the Work, and all prior representations and understandings related to the Work,
oral or written, are merged into this Contract. Prior or contemporaneous additions, deletions, or
other changes to this Contract shall not have any force or effect whatsoever, unless embodied
herein.
H. Digital Signatures
If any signatory signs this Contract using a digital signature in accordance with the
Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of
digital signatures issued under the State Fiscal Rules, then any agreement or consent to use
digital signatures within the electronic system through which that signatory signed shall be
incorporated into this Contract by reference.
I. Modification
Except as otherwise provided in this Contract, any modification to this Contract shall
only be effective if agreed to in a formal amendment to this Contract, properly executed and
approved in accordance with applicable Colorado State law and State Fiscal Rules.
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Modifications permitted under this Contract, other than contract amendments, shall conform to
the policies issued by the Colorado State Controller.
J. Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Contract to a statute, regulation, State Fiscal Rule, fiscal policy or
other authority shall be interpreted to refer to such authority then current, as may have been
changed or amended since the Effective Date of this Contract.
K. Order of Precedence
In the event of a conflict or inconsistency between this Contract and any Exhibits or
attachments such conflict or inconsistency shall be resolved by reference to the documents in the
following order of priority:
i. Federal Provisions (if any).
ii. Colorado Special Provisions in §19 of the main body of this Contract.
iii. HIPAA Business Associate Agreement (if any).
iv. Information Technology Provisions Exhibit (if any).
v. The provisions of the other sections of the main body of this Contract.
vi. Any other Exhibit(s) shall take precedence in alphabetical order.
L. External Terms and Conditions
Notwithstanding anything to the contrary herein, the State shall not be subject to any
provision included in any terms, conditions, or agreements appearing on Contractor’s or a
Subcontractor’s website or any provision incorporated into any click-through or online
agreements related to the Work unless that provision is specifically referenced in this Contract.
M. Severability
The invalidity or unenforceability of any provision of this Contract shall not affect the
validity or enforceability of any other provision of this Contract, which shall remain in full force
and effect, provided that the Parties can continue to perform their obligations under this Contract
in accordance with the intent of the Contract.
N. Survival of Certain Contract Terms
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Any provision of this Contract that imposes an obligation on a Party after termination or
expiration of the Contract shall survive the termination or expiration of the Contract and shall be
enforceable by the other Party.
O. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C.,
Subtitle D, Ch. 32) (Federal Excise Tax Exemption Certificate of Registry No. 84-730123K) and
from State and local government sales and use taxes under §§39-26-704(1), et seq. C.R.S.
(Colorado Sales Tax Exemption Identification Number 98-02565). The State shall not be liable
for the payment of any excise, sales, or use taxes, regardless of whether any political subdivision
of the state imposes such taxes on Contractor. Contractor shall be solely responsible for any
exemptions from the collection of excise, sales or use taxes that Contractor may wish to have in
place in connection with this Contract.
P. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described in §18.A., this
Contract does not and is not intended to confer any rights or remedies upon any person or entity
other than the Parties. Enforcement of this Contract and all rights and obligations hereunder are
reserved solely to the Parties. Any services or benefits which third parties receive as a result of
this Contract are incidental to the Contract, and do not create any rights for such third parties.
Q. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Contract,
whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or
partial exercise of any right, power, or privilege preclude any other or further exercise of such
right, power, or privilege.
R. CORA Disclosure
To the extent not prohibited by federal law, this Contract and the performance measures
and standards required under §24-106-107, C.R.S., if any, are subject to public release through
the CORA.
S. Standard and Manner of Performance
Contractor shall perform its obligations under this Contract in accordance with the
highest standards of care, skill and diligence in Contractor’s industry, trade, or profession.
T. Licenses, Permits, and Other Authorizations.
Contractor shall secure, prior to the Effective Date, and maintain at all times during the
term of this Contract, at its sole expense, all licenses, certifications, permits, and other
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authorizations required to perform its obligations under this Contract, and shall ensure that all
employees, agents and Subcontractors secure and maintain at all times during the term of their
employment, agency or subcontract, all licenses, certifications, permits and other authorizations
required to perform their obligations in relation to this Contract.
U. Indemnification
i. Applicability
This entire §18.U does not apply to Contractor if Contractor is a “public entity” within
the meaning of the GIA.
ii. General Indemnification
Contractor shall indemnify, save, and hold harmless the State, its employees, agents and
assignees (the “Indemnified Parties”), against any and all costs, expenses, claims, damages,
liabilities, court awards and other amounts (including attorneys’ fees and related costs) incurred
by any of the Indemnified Parties in relation to any act or omission by Contractor, or its
employees, agents, Subcontractors, or assignees in connection with this Contract.
iii. Confidential Information Indemnification
Disclosure or use of State Confidential Information by Contractor in violation of §8 may
be cause for legal action by third parties against Contractor, the State, or their respective agents.
Contractor shall indemnify, save, and hold harmless the Indemnified Parties, against any and all
claims, damages, liabilities, losses, costs, expenses (including attorneys’ fees and costs) incurred
by the State in relation to any act or omission by Contractor, or its employees, agents, assigns, or
Subcontractors in violation of §8.
iv. Intellectual Property Indemnification
Contractor shall indemnify, save, and hold harmless the Indemnified Parties, against any
and all costs, expenses, claims, damages, liabilities, and other amounts (including attorneys’ fees
and costs) incurred by the Indemnified Parties in relation to any claim that any Work infringes a
patent, copyright, trademark, trade secret, or any other intellectual property right.
V. Other
i. Compliance with State and Federal Law, Regulations, & Executive Orders
Contractor shall comply with all State and, if Federal funding is involved, Federal law,
regulations, executive orders, State and Federal Awarding Agency policies, procedures,
directives, and reporting requirements at all times during the term of this Contract.
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ii. Accessibility
Contractor shall comply with and adhere to Section 508 of the U.S. Rehabilitation Act of
1973, as amended, and §§24-85-101, et seq., C.R.S. Contractor shall comply with all State of
Colorado technology standards related to technology accessibility and with Level AA of the
most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the
State of Colorado technology standards and available at https://www.w3.org/TR/WCAG21/.
19. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all contracts except where noted in italics.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Contract shall not be valid until it has been approved by the Colorado State
Controller or designee. If this Contract is for a Major Information Technology Project, as defined
in §24-37.5-102(2.6), then this Contract shall not be valid until it has been approved by the
State’s Chief Information Officer or designee.
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the
State, its departments, boards, commissions committees, bureaus, offices, employees and
officials shall be controlled and limited by the provisions of the Colorado Governmental
Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch.
171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq.
C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections, or other provisions,
contained in these statutes.
D. INDEPENDENT CONTRACTOR.
Contractor shall perform its duties hereunder as an independent contractor and not as an
employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an
agent or employee of the State. Contractor shall not have authorization, express or implied, to
bind the State to any agreement, liability or understanding, except as expressly set forth herein.
Contractor and its employees and agents are not entitled to unemployment insurance or workers
compensation benefits through the State and the State shall not pay for or otherwise provide such
coverage for Contractor or any of its agents or employees. Contractor shall pay when due all
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applicable employment taxes and income taxes and local head taxes incurred pursuant to this
Contract. Contractor shall (i) provide and keep in force workers' compensation and
unemployment compensation insurance in the amounts required by law, (ii) provide proof
thereof when requested by the State, and (iii) be solely responsible for its acts and those of its
employees and agents.
E. COMPLIANCE WITH LAW.
Contractor shall strictly comply with all applicable federal and State laws, rules, and
regulations in effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this Contract. Any provision included or
incorporated herein by reference which conflicts with said laws, rules, and regulations shall be
null and void. All suits or actions related to this Contract shall be filed and proceedings held in
the State of Colorado and exclusive venue shall be in the City and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Contract that requires the State to indemnify or hold Contractor
harmless; requires the State to agree to binding arbitration; limits Contractor’s liability for
damages resulting from death, bodily injury, or damage to tangible property; or that conflicts
with this provision in any way shall be void ab initio. Nothing in this Contract shall be construed
as a waiver of any provision of §24-106-109, C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Contract shall not be used for the
acquisition, operation, or maintenance of computer software in violation of federal copyright
laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the
term of this Contract and any extensions, Contractor has and shall maintain in place appropriate
systems and controls to prevent such improper use of public funds. If the State determines that
Contractor is in violation of this provision, the State may exercise any remedy available at law or
in equity or under this Contract, including, without limitation, immediate termination of this
Contract and any remedy consistent with federal copyright laws or applicable licensing
restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-
201 and 24-50-507, C.R.S.
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The signatories aver that to their knowledge, no employee of the State has any personal
or beneficial interest whatsoever in the service or property described in this Contract. Contractor
has no interest and shall not acquire any interest, direct or indirect, that would conflict in any
manner or degree with the performance of Contractor’s services and Contractor shall not employ
any person having such known interests.
J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-
30-202.4, C.R.S.
[Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S.,
the State Controller may withhold payment under the State’s vendor offset intercept system for
debts owed to State agencies for: (i) unpaid child support debts or child support arrearages; (ii)
unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et seq.,
C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher
Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and (v)
other unpaid debts owing to the State as a result of final agency determination or judicial action.
The State may also recover, at the State’s discretion, payments made to Contractor in error for
any reason, including, but not limited to, overpayments or improper payments, and unexpended
or excess funds received by Contractor by deduction from subsequent payments under this
Contract, deduction from any payment due under any other contracts, grants or agreements
between the State and Contractor, or by any other appropriate method for collecting debts owed
to the State.
K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S.
[Not applicable to agreements relating to the offer, issuance, or sale of securities,
investment advisory services or fund management services, sponsored projects,
intergovernmental agreements, or information technology services or products and services]
Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an
illegal alien who will perform work under this Contract and will confirm the employment
eligibility of all employees who are newly hired for employment in the United States to perform
work under this Contract, through participation in the E-Verify Program or the State verification
program established pursuant to §8-17.5-102(5)(c), C.R.S., Contractor shall not knowingly
employ or contract with an illegal alien to perform work under this Contract or enter into a
contract with a Subcontractor that fails to certify to Contractor that the Subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this Contract.
Contractor (i) shall not use E-Verify Program or the program procedures of the Colorado
Department of Labor and Employment (“Department Program”) to undertake pre-employment
screening of job applicants while this Contract is being performed, (ii) shall notify the
Subcontractor and CDHS within 3 days if Contractor has actual knowledge that a Subcontractor
is employing or contracting with an illegal alien for work under this Contract, (iii) shall terminate
the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien
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within 3 days of receiving the notice, and (iv) shall comply with reasonable requests made in the
course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado
Department of Labor and Employment. If Contractor participates in the Department program,
Contractor shall deliver to CDHS a written, notarized affirmation, affirming that Contractor has
examined the legal work status of such employee, and shall comply with all of the other
requirements of the Department program. If Contractor fails to comply with any requirement of
this provision or §§8-17.5-101 et seq., C.R.S., CDHS may terminate this Contract for breach and,
if so terminated, Contractor shall be liable for damages.
L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq.,
C.R.S.
Contractor, if a natural person 18 years of age or older, hereby swears and affirms under penalty
of perjury that Contractor (i) is a citizen or otherwise lawfully present in the United States
pursuant to federal law, (ii) shall comply with the provisions of §§24-76.5-101 et seq., C.R.S.,
and (iii) has produced one form of identification required by §24-76.5-103, C.R.S. prior to the
Effective Date of this Contract.
20. DEPARTMENT OF HUMAN SERVICES PROVISIONS
A. Exclusion, Debarment and/or Suspension
Contractor represents and warrants that Contractor, its employees, agents, assigns, or
Subcontractors, are not presently excluded from participation, debarred, suspended, proposed for
debarment, declared ineligible, voluntarily excluded, or otherwise ineligible to participate in a
“federal health care program” as defined in 42 U.S.C. § 1320a-7b(f) or in any other government
payment program by any federal or State of Colorado department or agency. If Contractor, its
employees, agents, assigns, or Subcontractors, are excluded from participation, or becomes
otherwise ineligible to participate in any such program during the term of this Contract,
Contractor shall notify the State in writing within three (3) days after such event. Upon the
occurrence of such event, whether or not such notice is given to Contractor, the State may
immediately terminate this Contract.
B. Emergency Planning
If Contractor provides Work that is an extension of State work performed as part of the
State of Colorado Emergency Operations Plan or for a publicly funded safety net program, as
defined by C.R.S. § 24-33.5-701 et seq., Contractor shall perform the Work in accordance with
the State’s Emergency Operations Plan or continuity of operations plan in the event of an
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emergency. If requested, Contractor shall provide a plan and reporting information to ensure
compliance with the State’s Emergency Operations Plan and C.R.S. § 24-33.5-701 et seq.
C. Restrictions on Public Benefits
If applicable, Contractor shall comply with C.R.S. §§ 24-76.5-101 – 103 exactly as the
State is required to comply with C.R.S. §§ 24-76.5-101 – 103.
D. Discrimination
Contractor shall not:
i. discriminate against any person on the basis of race, color, national origin,
age, sex, religion or handicap, including Acquired Immune Deficiency Syndrome (AIDS) or
AIDS related conditions.
ii. exclude from participation in, or deny benefits to any qualified individual
with a disability, by reason of such disability.
Any person who thinks he/she has been discriminated against as related to the
performance of this Contract has the right to assert a claim, Colorado Civil Rights Division,
C.R.S. §24-34-301, et seq.
E. Criminal Background Check
Pursuant to C.R.S. §27-90-111 and CDHS Policy VI-2.4, any independent contractor, and
its agent(s), who is designated by the Executive Director or the Executive Director's designee to
be a contracting employee under C.R.S. §27-90-111, who has direct contact with vulnerable
persons in a state-operated facility, or who provides state-funded services that involve direct
contact with vulnerable persons in the vulnerable person's home or residence, shall:
i. submit to and successfully pass a criminal background check, and
ii. report any arrests, charges, or summonses for any disqualifying
offense as specified by C.R.S. §27-90-111 to the State.
Any Contractor or its agent(s), who does not comply with C.R.S. §27-90-111 and CDHS
Policy VI-2.4, may, at the sole discretion of the State, be suspended or terminated.
F. Fraud Policy
Contractor shall comply with the current CDHS Fraud Policy.
G. C-Stat - Performance Based Program Analysis and Management Strategy (C-Stat
Strategy)
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Without any additional cost to the State, Contractor shall collect and maintain Contract
performance data, as determined solely by the State. Upon request, Contractor shall provide the
Contract performance data to the State. This provision does not allow the State to impose
unilateral changes to performance requirements.
H. COVID-19 Pandemic
CDHS operates many facilities across the State and with regard to the COVID-19
Pandemic, Contractor may be subject to local or state public health orders, Department policy,
individual facility policy, or any other requirement that could impose additional requirements on
the Contractor. If so, Contractor shall promptly comply upon notice.
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SAMPLE OPTION LETTER (IF APPLICABLE)
State Agency Insert Department's or IHE's Full Legal Name Option Letter Number Insert the Option Number (e.g. "1" for the first option)
Contractor Insert Contractor's Full Legal Name, including "Inc.", "LLC", etc...
Original Contract Number Insert CMS number or Other Contract Number of the Original Contract
Current Contract Maximum Amount Initial Term Option Contract Number Insert CMS number or Other Contract Number of this Option State Fiscal Year 20xx $0.00 Extension Terms Contract Performance Beginning Date Month Day, Year State Fiscal Year 20xx $0.00 State Fiscal Year 20xx $0.00 State Fiscal Year 20xx $0.00 Current Contract Expiration Date Month Day, Year State Fiscal Year 20xx $0.00 Total for All State Fiscal Years $0.00 1. OPTIONS:A.Option to extend for an Extension TermB.Option to change the quantity of Goods under the ContractC.Option to change the quantity of Services under the ContractD.Option to modify Contract ratesE.Option to initiate next phase of the Contract2. REQUIRED PROVISIONS:
A.For use with Option 1(A): In accordance with Section(s) Number of the Original Contract referenced above, the Statehereby exercises its option for an additional term, beginning Insert start date and ending on the current contract expirationdate shown above, at the rates stated in the Original Contract, as amended.
B.For use with Options 1(B and C): In accordance with Section(s) Number of the Original Contract referenced above,the State hereby exercises its option to Increase/Decrease the quantity of the Goods/Services or both at the rates stated inthe Original Contract, as amended.C.For use with Option 1(D): In accordance with Section(s) Number of the Original Contract referenced above, the Statehereby exercises its option to modify the Contract rates specified in Exhibit/Section Number/Letter. The Contract ratesattached to this Option Letter replace the rates in the Original Contract as of the Option Effective Date of this Option Letter.D.For use with Option 1€: In accordance with Section(s) Number of the Original Contract referenced above, the Statehereby exercises its option to initiate Phase indicate which Phase: 2, 3, 4, etc, which shall begin on Insert start date and end on Insert ending date at the cost/price specified in Section Number.E. For use with all Options that modify the Contract Maximum Amount: The Contract Maximum Amount table on the Contract’s Signature and Cover Page is hereby deleted and replaced with the Current Contract Maximum Amount tableshown above.3. Option Effective Date:
The effective date of this Option Letter is upon approval of the State Controller or , whichever is later.
STATE OF COLORADO INSERT-Name of Agency or IHE INSERT-Name & Title of Head of Agency or IHE
SAMPLE ONLY – DO NOT SIGN By: Name & Title of Person Signing for Agency or IHE
Date: SAMPLE ONLY – DO NOT SIGN
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
SAMPLE ONLY – DO NOT SIGN Name of Agency or IHE Delegate-Please delete if contract will be routed to OSC for approval
Option Effective Date: SAMPLE ONLY – DO NOT SIGN
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Exhibit A - Statement of Work
Jail Based Behavioral Health Services
Definitions and Acronyms
Definitions and Acronyms. The following list of terms shall be applied to this contract and
Statement of Work, based on the services that are provided at each respective jail:
“Behavioral Health Administration (BHA) designated inpatient restoration facility” means
the facilities that are contracted with BHA to provide inpatient restoration services to individuals.
“Bridges Program/Court Liaison” means an individual employed or contracted with the State
Court Administrator’s Office (SCAO) to implement and administer a program that identifies and
dedicates local behavioral health professionals as court liaisons in each judicial district. These
individuals are responsible for facilitating communication and collaboration between judicial and
behavioral health systems.
https://www.courts.state.co.us/Administration/Unit.cfm?Unit=bridgesThese
“Case Manager” assists in the planning, coordination, monitoring, and evaluation of services
for a client with emphasis on quality of care, continuity of services, and cost-effectiveness
“Certified Addiction Specialist” - CAS (Formerly CAC II & III) requires a bachelor’s degree in
a Behavioral Health specialty (Psychology, Social Work, Human Services). This does not
include Criminal Justice, Sociology or Nursing. These individuals are approved to provide
Clinical Supervision and consultation to individuals working towards CAT or CAS. 2,000
clinically supervised hours (1,000 direct clinical hours beyond the Technician). Must pass the
NCAC II exam and Jurisprudence exam.
“Certified Addition Technician” - CAT (Formerly CAC I) requires 1000 hours of clinically
supervised work hours (does not require DORA registration prior to the 1000 hours). Once
these hours are met, the individual is not able to perform duties until the CAT is officially
approved), in addition to passing the NCAC I Exam and passing the Jurisprudence Exam.
“Competency Enhancement Program - CEP” means the program funded through SB 19-223
to provide jail-based mental health services to those awaiting an inpatient competency
restoration bed.
“Competency Evaluator” is a licensed physician who is a psychiatrist or licensed psychologist,
each of whom is trained in forensic competency assessments, or a psychiatrist training and
practicing under the supervision of a psychiatrist with expertise in forensic psychiatry, or a
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psychologist who is in forensic training and is practicing under the supervision of a licensed
psychologist with experience in forensic psychology.
“Court-Ordered Competency Evaluation” means a court-ordered examination of an individual
before, during, or after trial, directed to developing information relevant to a determination of the
individual’s competency to proceed at a particular stage of the criminal proceedings, that is
performed by a Competency Evaluator and includes evaluations concerning restoration to
Competency.
“Critical Incidents” means a critical incident is any significant event or condition that must be
reported to the Department that is of public concern and/or has jeopardized the health, safety
and/or welfare of individuals or staff.
“Forensic Navigator” means social workers working within the CDHS that provide proper care
and coordination of pretrial individuals, which involves working with the courts, court liaisons,
service providers, and conducting periodic case management evaluations across the 22 judicial
districts.
“Forensic Support Team” means a group of individuals working within the CDHS who provide
evaluation and competency restoration education services, case management, and assertive
community treatment services to individuals awaiting competency restoration services.
“High Risk for Transfer” means an individual who has been ordered to receive inpatient
restorative treatment; for whom an evaluator has determined either that the individual appears
to have a mental health disorder and as a result of the mental health disorder, appears to be an
imminent danger to others or to himself and/or appears to be gravely disabled.
“LAC”, or Licensed Addiction Counselor, is a behavioral health clinician who can provide co-
occurring services. Master's degree or higher in Substance Use Disorders/Addiction and/or
related counseling subjects (social work, mental health counseling, marriage & family,
psychology, medical doctor) from a regionally accredited institution of higher learning.
3,000 clinically supervised hours (2,000 direct clinical hours). Must pass the MAC and
jurisprudence exam. Designated providers of Clinical Supervision for all levels of certification
and licensure, in the addiction’s profession.
“LCSW”, or Licensed Clinical Social Worker, is a social worker trained in psychotherapy who
helps individuals deal with a variety of mental health and daily living problems to improve overall
functioning.
“LMFT”, or Licensed Marriage and Family Therapist help couples and family members manage
problems within their relationships.
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“LPC”, or Licensed Professional Counselor, is a person engaged in the practice of counseling
who holds a license as a licensed professional counselor issued under the provisions of the
state of Colorado.
“Long Acting Injectable (LAI)” is an injectable medication that allows for the slow release of
medicine into the blood. An LAI can last anywhere from 2-12 weeks, which helps to control
symptoms of mental illness and / or substance use.
“Low Risk for Transfer” means an individual who has been ordered to receive inpatient
restorative treatment services and is assessed to need mental health services but does not
need a referral to a Behavioral Health Administration (BHA) designated inpatient facility.
“Moderate Risk for Transfer” means an individual who has been ordered to receive inpatient
restorative treatment, for whom an evaluator has determined either that the individual appears
to have a mental health disorder or appears to be gravely disabled and does not appear to be
an imminent danger to others or to himself at that point in time.
“Memorandum of Understanding” means a type of agreement between two or more parties.
It expresses a convergence of will between the parties, indicating an intended common line of
action.
“Program Level of Care Type” means the level of care a person receives while in jail awaiting
a bed for inpatient restorative treatment.
“Regional Accountable Entity” is responsible for building networks of providers, monitoring
data and coordinating members’ physical and behavioral health care. RAEs replace and
consolidate the administrative functions of Regional Care Collaborative Organizations (RCCOs)
and Behavioral Health Organizations (BHOs).
“Screening Tools” are brief questionnaires or procedures that examine risk factors, mental
health/trauma symptoms, or both to determine whether further, more in-depth assessment is
needed on a specific area of concern, such as mental health, trauma, or substance use.
Exhibits
A: Statement of Work - the narrative description of a project's work requirement. It defines
project-specific activities, deliverables and timelines for the Contractor providing services.
B: Budget - outline of the projected cost/expenses of the project.
C: Miscellaneous Provisions - general contract provisions and requirements including
standard conditions in contracts like payment procedures, audit thresholds, and recommended
measures against contract violation.
D: HIPAA Business Associate Agreement /Qualified Service Organization Addendum -
terms detailing required compliance with HIPAA and 42 C.F.R. Part 2 privacy regulations.
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PART ONE - GENERAL PROVISIONS
Article 1
General Administration
1.1 Participation / Catchments. County Sheriffs may develop programs either individually, or
as multiple Sheriff’s Departments (otherwise known as a catchment), submitting a combined
work plan. If services are provided to a catchment, the fiscal agent county (the county holding
this primary Contract with BHA shall enter into subcontracts with its catchment county Sheriff’s
Departments. BHA reserves the right to change the fiscal agent as necessary. Subcontracts
entered into under this provision shall adhere to the requirements of Exhibit C, Miscellaneous
Provisions, Section II.
1.2 Program Administrator. The Contractor shall select a JBBS Program Administrator,
identify the positions’ roles, responsibilities and authority, and develop a management plan that
supports the JBBS Program Coordination Group. Any changes to the Program Administrator’s’
contact information shall be communicated via email to the Behavioral Health Administration
within one business day of change to cdhs_jbbs@state.co.us
a. BHA prefers that a staff person from the Sheriff’s Department assume the role of
Program Administrator. The Program Administrator shall be well versed in the JBBS
Program, including contractual requirements. The Program Administrator shall also
participate in the JBBS Quarterly Meetings and shall oversee the JBBS Program and its
operations. The Sheriff’s Department is encouraged to account for this administrative
position in their budget.
1.3 JBBS Program Coordination Group. The Contractor shall develop a process for
implementing a Program Coordination Group within the facility, to guide and support the JBBS
program. The Program Coordination Group shall meet on a regular and continual basis to
ensure project implementation and goals are progressing. In addition to monthly check-ins, the
JBBS Program Manager(s) will be available to attend periodic Program Coordination Group
meetings for technical assistance, contract management, and support based on agency need.
BHA reserves the right to record JBBS meetings as necessary. The Program Coordination
Group shall:
a. Oversee program implementation.
b. Make training recommendations.
c. Measure the program’s progress toward achieving stated goals, using data provided
by BHA program manager(s) to guide work.
d. Resolve ongoing challenges to program effectiveness.
e. Inform agency leaders and other policymakers of program costs, developments, and
progress.
f. Develop policies and protocols to ensure clinical staff have the resources and support
required for service provision.
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g. For JBBS Programs serving a catchment of counties, a sheriff’s department
representative from each county is required to participate in the JBBS Program
Coordination Group.
h. Ensure the needs of all the jails in the catchment are being met by the resources and
subcontracted service providers.
1.4 Subcontractors. The JBBS Program requires a subcontract, or an MOU be in place for any
and all subcontractors. See Exhibit C, Miscellaneous Provisions, Section II for requirements
regarding the use of subcontractors.
1.5 Audits. As a participant in the JBBS program, participation in regular audits will be required.
Clinical and financial documentation shall be made available for onsite or virtual review by the
Behavioral Health Administration, in addition the location(s) where treatment services are being
provided.
1.6 The Contractor may serve individuals who are awaiting Medicaid approval or other funds to
pay for initial treatment services.
1.6 The Contractor shall provide services in a manner that respects and protects individual
rights. This requirement includes providing the subcontractor with the required space to offer
individual and group treatment services described in this Contract.
1.7 Recovery Support Services. SAMHSA (Substance Abuse and Mental Health Services
Administration) encourages those involved in substance abuse and / or mental health treatment,
to address their emotional, spiritual, intellectual, physical, environmental, financial, occupational,
and social needs. JBBS programs may provide recovery support services for wraparound
resources including, but not limited to, clothes, transportation, food, emergency housing/motel
vouchers, or basic hygiene purchases that will assist in stabilizing the individual in the
community.
1.8 The Contractor shall maintain support relationships with all points in the criminal justice
system, i.e., probation, parole, diversion, Department of Corrections, etc. to ensure continuity of
care.
1.9 Cultural Competency. The Contractor shall provide culturally competent and appropriate
services, per National Standards for Culturally and Linguistically Appropriate Services (CLAS
Standards), available at https://thinkculturalhealth.hhs.gov/clas/standards
1.10 The Contractor shall make reasonable accommodations to meet the needs of individuals
who are physically challenged, deaf or hearing impaired, or blind.
1.11 Medication Consistency (C.R.S. 27-70-103)
a. For the sole purpose of ensuring medication consistency for persons with mental health
disorders involved in the criminal justice system, for individuals participating in the JBBS
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program, Contractor shall share patient-specific mental health and treatment information
with all subcontractors, clinicians, and providers involved in the individual's plan of care.
b. All such information sharing must comply with confidentiality requirements, including any
necessary memorandums of understanding between providers, set for in the federal
“Health Insurance Portability and Accountability Act of 1996”, 45 CFR Parts 2, 160, 162,
and 164.
c. Contractor is encouraged, though not required, to participate in the Minnesota Multistate
Contracting Alliance for Pharmacy Cooperative Purchasing Agreement to purchase
medication and to utilize the Medication Consistency formulary developed by CDHS and
HCPF.
d. If Contractor does not utilize the Medication Consistency formulary developed by CDHS
and HCPF, Contractor shall provide a copy of the medication formulary available at
Contractor’s jail. A copy of the CDHS and HCPF formulary is available on the CDHS
Website.
e. Contractor shall not bill inmates for appointments or medications otherwise covered by
JBBS. See Exhibit B, Budget and Rate Schedule for a list of covered meds
Article 2
Confidentiality and HIPAA / 42 CFR Part Two
2.1 HIPAA Business Associate Addendum / Qualified Service Organization Addendum.
The Contractor shall agree to comply with the terms of the HIPAA Business Associate
Addendum / Qualified Service Organization Addendum, Exhibit D of this Contract.
2.2 Third Parties and Business Associate Addendum / Qualified Service Organization
Addendum.
a. The Contractor shall require that any third parties, including subcontractors or other
partner agencies, that it involves for work to be done pursuant to this Contract agree to
the most recent CDHS version of the HIPAA Business Associate Addendum / Qualified
Service Organization Addendum, found in Exhibit D of this Contract.
b. A HIPAA Business Associate Addendum / Qualified Service Organization Addendum
is required between subcontracted treatment provider agencies for any program that has
more than one treatment subcontractor agency rendering services in the jail in order to
share assessments and screenings between subcontracted treatment provider agencies.
2.3 Additional Measures. The Contractor shall agree to the following additional privacy
measures:
a. Safeguards. The Contractor shall take appropriate administrative, technical and
physical safeguards to protect the data from any unauthorized use or disclosure not
provided for in this agreement.
b. Confidentiality. The Contractor shall protect data and information according to
acceptable standards and no less rigorously than they protect their own confidential
information. The Contractor shall ensure that individual level identifiable data or
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Protected Health Information (PHI) shall not be reported or made public. The Contractor
shall ensure that all persons (e.g., interns, subcontractors, staff, and consultants) who
have access to confidential information sign a confidentiality agreement.
Article 3
Financial Provisions
3.1 Cost Reimbursement / Allowable Expenses. This contract is paid by cost reimbursement.
See Exhibit B, Budget and Rate Schedule, for a list of reimbursable expenses. The Rate
Schedule is non-exhaustive; other items expensed to this Contract must be reasonable toward
completion of the contract terms, are reviewable by BHA, and shall not exceed any detail in the
budget in this regard.
3.2 Staff Time Tracking and Invoicing. The Contractor shall ensure expenses and staff are
tracked and invoiced separately for each program or funding stream. Any other funding sources
or in-kind contributions supporting the JBBS Program shall be disclosed in the invoice
submission. Invoices will be submitted to cdhs_bhapayment@state.co.us by the 20th of the
following month.
3.3 General Accounting Encumbrances (GAE). Some Parts under this Statement of Work
may utilize general accounting encumbrances. Detailed information regarding the general
accounting encumbrances can be found in those Parts.
3.4 Procurement Card. BHA recommends, although does not require, counties to consider the
use of a procurement card to be used for expenses related to the JBBS program. Contractor
shall follow its county’s internal guidance and policies for use of procurement cards.
3.5 Proportional Reduction of Funds. The Behavioral Health Administration has the unilateral
authority to proportionately reduce the contract budget amount to match current spending rates.
If the Sheriff's Department has not spent 40% of the contract budgeted amount by November
30th, the Behavioral Health Administration may proportionately reduce the contract budget
amount to match current spending rates. If the Sheriff's Department has not spent 65% of the
contract budgeted amount by February 28th, the Behavioral Health Administration may again
proportionately reduce the contract budget amount to match current spending rates.
3.6 Fiscal Agent County Responsibilities. Where a county is acting as a fiscal agent for other
counties, the fiscal agent county shall pay invoices received by the catchment counties within 45
days of receipt.
3.7 Other Financial Provisions, including invoicing instructions can be found in Exhibit C,
Miscellaneous Provisions.
Article 4
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Advance Payment for Jails with Financial Need
4.1. Purpose. Some county jails are not financially able to support the traditional cost
reimbursement structure of this Contract. To increase accessibility to JBBS funding, BHA has
established the following advance payment structure for JBBS services, available to jails that
demonstrate financial need and agree to the additional financial monitoring provisions included
in this section.
4.2 Participation. Contractor’s participation in this program will be noted in Exhibit B - Budget.
4.3 Application.
a. Contractors requesting an advance payment model must submit an application to BHA
by February 151, to cdhs_jbbs@state.co.us. The application must include:
i. Statement of Financial Need (template provided by BHA), signed by its financial
representative.
ii. Written plan for compliance with the Advance Payment Fund Controls described
in this Article 4; and
iii. Projected cost reimbursement budget for the upcoming year on the template
provided by BHA.
b. Contractors that were previously approved for an advance payment model will reapply
using the BHA Advance Payment Reapplication template letter, available from BHA
Program Managers, due to cdhs_jbbs@state.co.us by February 15 annually.
c. BHA will notify Contractor of BHA’s final decision to grant or deny the request for the
advance payment model by March 15.2
d. Approved Jails will be paid under the advance payment model upon execution of
Contractor’s contract for the following state fiscal year, provided that the contract is
renewed.
4.4 Advance Payment Fund Controls
a. Contractor shall maintain a separate fund or account for the funds from this Contract,
which is not commingled with other accounts or funds.
i. Contractor shall describe the type of account, purpose, authorized balance,
custodian, and the fund in which the cash is reported within five business days of
the opening or designation of this account.
ii. No receipts may be deposited to the fund other than approved replenishments
and increases to the authorized balance as described above.
b. Contractor shall submit its balance sheet and ongoing cash report against the advance
payment to BHA at cdhs_bhapayment@state.co.us after the initial 2-month payment on
July 1 and as a submission for its quarterly reconciliation.
1 Note: applications for Fiscal Year 2022 may be approved on a different timeline.
2 Note: applications for Fiscal Year 2022 may be approved on a different timeline.
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c. Advance Funds are public funds and shall never be used for personal cash advances;
check cashing services to anyone, including to employees; loans; or unrelated
expenditures.
4.5 Payment Procedure.
a. BHA shall prepare an initial invoice in the amount of two months of contract services in
the amount of 2/12ths of the approved budget submitted by Contractor as part of its
application and submit to Contractor for signature by June 15 annually.
i. BHA will make this initial payment to Contractor by July 7 annually.
b. Beginning with July’s expenses, Contractor shall submit regular cost reimbursement
invoices based on actual spending in accordance with the Payment Terms in Exhibit C,
Section V.C.
c. The revolving account balance may be adjusted based upon the results of quarterly
reconciliations.
d. Medication Assisted Treatment services described in Part IV Article I will not be paid in
advance. MAT services will be paid from the established General Accounting
Encumbrance according to the terms of Part IV Article III.
4.6 Reconciliation
a. Process
i. Jail submits required documentation from the county accounting system, due to
cdhs_jbbs@state.co.us by the 20th of the month following the end of the quarter:
1. Revenues and expenses for this program.
2. Cash reconciliation for this specific cash account, including Deposits and
disbursements. Actual bank statements may be an appropriate
attachment for confirmation of expenses.
ii. BHA performs reconciliation to actual expenses as indicated
iii. Payment adjustments may be made based on the reconciliation.
iv. Invoiced amounts for the last quarter of the year should be applied against the
remaining balance in the cash fund, to prevent the need for repayment of funds
to BHA.
v. Any funds remaining in the cash fund in excess of the actual invoiced amount for
the full year must be returned to BHA by September 10th for the prior fiscal year.
b. Schedule
i. In the first month of Quarter 2 (October), reconcile BHA payments from July 1
through September 30 to actual expenses utilizing the Jail’s detailed
expenditures from July 1 through September 30, while maintaining up to two
month’s projected expenses for services in the upcoming months.
ii. In the first month of Quarter 3 (January), reconcile BHA payments from October
1 through December 31 to actual expenses utilizing the Jail’s detailed
expenditures from October 1 through December 31, while maintaining up to two
month’s projected expenses for services in the upcoming months.
iii. In the first month of Quarter 4 (April), reconcile BHA payments from January 1
through March 30 to actual expenses utilizing the Jail’s detailed expenditures
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from January 1 through March 30, while maintaining up to two month’s projected
expenses for services in the upcoming months.
iv. A final fiscal year end reconciliation of BHA payments from April 1 - June 30 will
occur in July, at which time funds may be payable to the State. A new revolving
fund balance for the new fiscal year will be established to meet jail cash flow
needs.
PART TWO - SUBSTANCE USE DISORDER (SUD) TREATMENT SERVICES
Article 1
Purpose and Target Population
1.1 Purpose. As used in this Statement of Work exhibit, the State and the Contractor together
are referred to as the “Parties”. The Parties understand and agree that the goal of the Jail
Based Behavioral Health Services (JBBS) Program is to support county Sheriff’s in providing
screening, assessment and treatment for offenders with substance use disorders (SUD) and co-
occurring substance use and mental health disorders, as well as transition case management
services. Through funds authorized by the Colorado General Assembly (SB 12-163), the
Behavioral Health Administration (BHA) intends to continue funding the Jail Based Behavioral
Health Services Programs as set forth in this Contract.
1.2 Target Population. Adults 18 years of age and older that are residing in the county jail with
substance use disorder or co-occurring substance use and mental health disorders. In this
regard, the Contractor, in accordance with the terms and conditions of this Contract, shall
develop, maintain, and provide behavioral health services in the county jails for individuals
highlighted in section 1.2. The Contractor, in providing required services hereunder, shall utilize
and maintain a partnership with community provider(s)/individuals that are licensed (LAC, LPC,
LCSW, CAS), who are in good standing with the Department of Regulatory Agencies (DORA),
have the ability to provide services within the jail or through televideo options, and have the
capacity to provide free or low-cost services in the community to inmates upon release.
Article 2
Activities and Services
2.1. Licensed Substance Use Disorder Treatment Requirements.
a. Eligible individuals must have a substance use disorder and/or a co-occurring mental
health disorder (determined by SUD and MH screening) to be eligible to receive services
under the JBBS program.
b. Individual treatment providers must hold a Substance Use Disorder Provider license
and be in good standing with the Colorado Department of Regulatory Agencies (DORA).
c. Contractor shall implement policies and procedures on how subcontracted treatment
provider(s) will manage and maintain clinical records for the individuals served at the
outpatient community location. The providers must follow the same protocols and
policies for record management for services offered in the jail.
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d. Contractor shall provide appropriate screening(s), assessment(a), brief intervention
and linkage to care in the community, based on an individualized treatment and/or
transition plan.
i. Contractor shall utilize evidence-based screening processes and tools (see
page 11; Article 2, 2.1), subject to approval by BHA, to screen for mental health
disorders, substance use disorders, trauma, traumatic brain injuries and
suicidality.
e. Each individual’s treatment / transition plan shall incorporate:
i. Summary of the continuum of services offered to individuals based on
evidence-based curricula.
ii. Frequency and duration of services offered.
iii. If an individual's treatment will be provided by more than one treatment
provider, describe how services are distributed between providers.
iv. Incorporation of criminogenic risk factors in service and transitional case
planning as determined from the Level of Supervision Inventory (LSI).
v. The individual’s natural communities, family support, and pro-social support.
vi. A plan to transition individuals from jail-based services to appropriate
behavioral health and other needed community services upon release from
incarceration.
vii. Contractor shall provide treatment to individuals in need of services in
accordance with the treatment and transition plan described above.
Article 3
Standards & Requirements
3.1 Authorizing Legislation and Description of Services. The Jail Based Behavioral Health
Services (JBBS) Program is funded through the Correctional Treatment Cash Fund legislated in
the passage of Senate Bill 12-163. Section 18-19-103 (c), C.R.S. directs the judicial department,
the Department of Corrections, the state board of parole, the Division of Criminal Justice of the
Department of Public Safety, and the Department of Human Services to cooperate in the
development and implementation of the following:
a. Alcohol and drug screening, assessment, and evaluation.
b. Alcohol and drug testing.
c. Treatment for assessed substance abuse and co-occurring disorders.
d. Recovery support services.
The Correctional Treatment Fund Board has determined the Jail Based Behavioral Health
Services (JBBS) Program meets the requirements set forth in SB 12-163.
3.2 Level of program care. Services offered by the Contractor hereunder shall meet ASAM
Level 1 or 2.1 level of care.
Article 4
Data Reporting
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4.1 Contractor is required to report information in the BHA Jail Based Behavioral Health
Services (JBBS) CiviCore Database or another database as prescribed by BHA.
Data must reflect current individual enrollment and services provided by the 15th day of each
calendar month to allow BHA staff to utilize current data. The following data elements will be
captured in the Civicore JBBS database or another database as prescribed by BHA:
a. A record for each individual who screened “positive” for a mental health disorder or
substance use disorder; other screenings completed and results thereof.
b. Basic demographic and working diagnosis information (including veteran status and
pregnancy status, if applicable).
c. For individuals in jail more than 30 days and who are admitted to the JBBS program, it
is recommended that a Level of Supervision Inventory (LSI/LSI-R) risk assessment be
completed.
d. The type and dosage of medications provided for Medication Assisted Treatment
(MAT). Please see Exhibit B for allowable medications.
e. Number of individuals who successfully transition to community-based services upon
release.
f. Program discharge outcomes and treatment status in the community after discharge.
4.2 The Contractor agrees to respond to BHA’s inquiries about data submissions within two (2)
business days and work with BHA to quickly resolve any data issues.
4.3 Contractor is required to notify BHA of any staffing changes within 48 hours, as this
individual's Database access will need to be removed.
Article 5
Performance Measures
5.1 Performance Measures:
a. Transition Tracking Outcomes. The goal of the JBBS program is to identify treatment
service needs and assist with engagement in community-based treatment services upon
release. Contractor shall make reasonable efforts to contact all JBBS individuals who
are successfully discharged from the program and released to the community at one,
two, six and 12 months post release. The individual’s treatment status shall be recorded
in the CiviCore JBBS database, or another data system as prescribed by BHA. If a client
remains engaged in treatment post-release, JBBS may continue to provide support
through the Contractor’s Recovery Support Services section of their budget, for up to 12
months. The following are the treatment status options:
i. Deceased – In the event of death of the individual post-release.
ii. In Treatment – Individual is engaged in community-based treatment services
as recommended in the transition plan.
iii. New Crime/Regressed - Individual returned to jail for violations or committed a
new crime.
iv. Not Applicable - Individual sentenced to Department of Corrections, Probation,
Community Corrections, or treatment status not applicable at month two, six, or
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12 due to prior tracking status of Deceased, New Crime/Regressed, or Treatment
Completed.
v. Not in Treatment – Individual is reported by the community-based treatment
provider as not in treatment or the individual reports to not be in treatment
services as recommended on the transition plan.
vi. Status Unknown – Individual cannot be located.
vii. Treatment Completed – Individual has completed treatment as recommended
in the transition plan.
b. Recidivism. JBBS aims to decrease the rate of reincarceration of former JBBS
participants. This approach should result in greater treatment engagement in the
community and decreased recidivism through better identification and treatment of
behavioral health needs.
c. BHA may conduct an annual analysis of recidivism. The following will apply to this
analysis:
i. JBBS participants who have received treatment services or groups will be
included in the recidivism analysis.
ii. “Recidivism” is the analysis that will be defined as re-arrest and reincarceration
for a new crime or a technical violation related to the individual's original charge.
iii. Recidivism Target. Programs will ensure that data in the JBBS Database
pertaining to the most recent complete fiscal year (July 1 - June 30) is verified
and correct by the 15th of July following the fiscal year so that the recidivism
analysis may be completed by BHA.
Article 6
Deliverables
6.1 For Deliverables under this section, please see Part 5 - JBBS Program Deliverables
PART THREE - MENTAL HEALTH TREATMENT (SB 18-250)
Article 1
Purpose & Target Population
1.1 Purpose. The Behavioral Health Administration (BHA) is committed to efforts to provide
resources to support County Sheriffs in providing screening, assessment and treatment for
mental health and substance use disorders or co-occurring disorders; as well as transition case
management services to people who need such services while they are in jail. The Jail Based
Behavioral Health Services (JBBS) Program has been operational since October 2011 with
funding from the Correctional Treatment Cash Fund pursuant to Section 18-19-103 (5)(c)(V).
The goal of the JBBS Program is to provide appropriate behavioral health services to inmates
while supporting continuity of care within the community after release from incarceration. This
approach should result in greater treatment engagement in the community and decreased
recidivism through better identification and treatment of behavioral health needs.
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In October 2012, the Correctional Treatment Board voted to fund additional Jail Based
Behavioral Health Services Programs to additional counties across the State. As of February
2022, there are JBBS programs in 47 county jails across the State of Colorado.
In May 2018 the Colorado General Assembly passed Senate Bill 18-250, which mandated the
JBBS Program under Colorado Revised Statutes 27-60-106. Additional mental health funding
was allocated to the JBBS program to address gaps in services for mental health disorder
screening, assessment, diagnosis and treatment. Additionally, these funds may support
psychiatric prescription services and purchase of medications. Sheriff’s Departments that
currently operate JBBS programs, as well as new applicants, are eligible to request these funds.
Sheriff’s Departments may submit an individual application, or they may submit a combined
application if they would like to apply in conjunction with other County Sheriff’s Departments.
To carry out the JBBS program, Sheriff’s Departments may partner with local community
provider(s) who can demonstrate the ability to provide services within the jail, and the capacity
to provide or link individuals released from jail to free or low-cost services in the community.
1.2 Target Population. Adults 18 years of age and older that are residing in the county jail with
substance use disorder or co-occurring substance use and mental health disorders. In this
regard, the Contractor, in accordance with the terms and conditions of this Contract, shall
develop, maintain, and provide behavioral health services in the county jails for individuals
highlighted in section 1.2. The Contractor, in providing required services hereunder, shall utilize
and maintain a partnership with community provider(s)/individuals that are licensed (LAC, LPC,
LCSW or LMFT), who are in good standing with the Department of Regulatory Agencies
(DORA), have the ability to provide services within the jail or through televideo options, and
have the capacity to provide free or low-cost services in the community to inmates upon
release.
Article 2
Activities & Services
2.1 Services. It is best practice that all jails should be utilizing evidence-based screening tool(s)
and practices to screen for any potential mental health and/or substance use disorders and
withdrawal, as well as suicide risk.
The Contractor shall:
a. Provide adequate staff to complete behavioral health screenings, prescribe psychiatric
medications as necessary; and provide mental health counseling, substance use
disorder treatment and transitional care coordination.
b. Upon identification of an individual who may be a candidate for JBBS services, a
referral by jail staff should be made to a JBBS clinician within 48 hours, or, when the
individual is medically cleared to be screened, via the appropriate channels (e.g.
inmate kite, email).
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c. Assess all individuals booked into the jail facility for psychiatric medication needs by
requesting and reviewing medical and prescription history.
d. Have access to psychiatric medications, as defined by the medication formulary
established pursuant to section 27-70-103 or by their contracted medical provider.
e. Coordinate services with local community behavioral health providers prior to the
release of an inmate to ensure continuity of care following his or her release from the jail.
2.2 Training and Meetings. The Contractor shall provide training to improve correctional staff
responses to people with mental illness. The Contractor shall determine the amount of training
necessary to ensure, at a minimum, a group of trained staff is able to cover all time shifts. The
training should provide sufficient opportunities for hands-on experiential learning, such as role
play and group problem solving exercises. Cross-training opportunities shall be provided to
behavioral health personnel and other stakeholders to help improve cross-system
understanding. BHA is able to provide assistance with training the Medical Team staff regarding
the MAT services and resources across the state.
a. Program Orientation: The Contractor shall attend a mandatory orientation session with
the BHA Program Manager and Fiscal Staff, to be organized by BHA as soon as it is
practicable execution of the contract.
b. Program Meetings and Required Training: Program meetings and other required
training will be scheduled throughout the term of the JBBS Program contract. This
includes the JBBS Learning Community, JBBS Round Table, and the JBBS Quarterly
Workgroup.
2.3 Evidence-Based Practices. The Contractor shall use evidence-based and promising
practices within the screening and service delivery structure to support effective outcomes. The
use of a risk/need/responsivity (RNR) model is encouraged to assess various factors such as
substance use disorders, mental illness, cognitive or physical impairments, financial issues,
family dynamics, housing instability, developmental disabilities, low literacy levels, and lack of
reliable transportation, all of which may need to be addressed to support success.
2.4 Individualized Service Provision. The Contractor shall link individuals referred to the
program to community based behavioral health supports and services, as appropriate based on
the specific needs of the individual to ensure wraparound services are in place to reduce the
risk of the individual returning into the justice system.
Article 3
Standards and Requirements
3.1 Mental Health Treatment Provider. The subcontracted mental health treatment
provider/individual must be licensed and in good standing with the Department of Regulatory
Agencies (DORA). The subcontracted mental health treatment provider(s) must adhere to all
rules and regulations set forth by their license and are prohibited from practicing outside their
scope of training.
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Article 4
Deliverables
4.1 For Deliverables under this section, please see Part 5 - JBBS Program Deliverables
PART FOUR - JAIL MEDICATION ASSISTED TREATMENT (SB 19-008)
Article 1
Purpose & Target Population
1.1 Purpose. Senate Bill 19-008 concerns treatment of individuals with substance use disorders
who come into contact with the criminal justice system. Section 6 of the bill requires jails that
receive funding through the jail-based behavioral health services program to allow medication-
assisted treatment to be provided to individuals in the jail. The jail may enter into agreements
with community agencies and organizations to assist in the development and administration of
medication-assisted treatment. "Medication-assisted treatment" or "MAT" means a combination
of behavioral therapy and medications approved by the Federal Food and Drug Administration
to treat SUD disorders.
1.2 Target Population. 18 years of age and older, residing in county jail(s), SB 19-008 enacts
policies related to the involvement of persons with substance use disorders in the criminal
justice system.
Article 2
Activities & Services
2.1 Provision of Medication-Assisted Treatment. Contractors engaging 19-008 funding shall
expand access to care for persons who are incarcerated with substance use disorder (SUD)
through the following activities:
a. Have a policy in place for the provision of Medication-Assisted Treatment (MAT) and
how it will be implemented. A copy of this policy will be provided to BHA before MAT
services are provided. If a policy is not provided and MAT services are not offered, an
explanation as to why will be provided to BHA prior to any BHA JBBS funds being
issued. See Part five, Article 1.5 for more details on how this needs to be submitted.
b. Identify program appropriate individuals via screening.
c. Link persons with SUD with a community based clinical care provider.
d. Initiate MAT for SUD and retain in MAT/optimize retention to MAT while in jail.
e. Provide patient education surrounding SUD and the types of treatment available in
their community.
f. Develop and routinely review individualized treatment plans.
2.2 Allowable Expenses. The following are allowable expenses in the provision of the services
above specific to this Part, reimbursable in accordance with the BHA-approved rate schedule.
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a. Fee for service agreements with contractors for treatment, medical staff, and
medications.
b. Required medications, handled subject to Controlled Substance / Medication Assisted
Treatment licensing requirements, including medications for overdose reversal such as
Naloxone.
c. Jail payroll expenses for interventions, medical staff, and medications.
d. Facility and equipment upgrades related to MAT.
e. Training and staff development for MAT Invoice requests are due to BHA as expenses
are incurred. Only one month’s expenses are allowed per invoice.
Article 3
Standards and Requirements
3.1 General Accounting Encumbrance. This program will be funded by a General Accounting
Encumbrance (GAE). Payment to Contractor is made from available funds encumbered and
shared across multiple contractors. The State may increase or decrease the total funds
encumbered at its sole discretion and without formal notice to the Contractor. The liability of the
State for such payments is limited to the encumbered amount remaining of such funds.
3.2 Program Policies and Plans.
a. Contractor shall adhere to the policy or plan for its jail submitted to satisfy the
deliverable described in Part five, Article 1.5.
b. A Sheriff who is the custodian of a county jail or city and county jail may enter into
agreements with community agencies, behavioral health organizations, and substance
use disorder treatment organizations to assist in the development and administration of
medication-assisted treatment in the jail.
3.3 License Requirements.
a. Providers licensed as an opioid medication assisted treatment (OMAT) program shall
adhere to 2 CCR 502-1 Behavioral Health Rules regarding 21.320: Opioid Medication
Assisted Treatment (OMAT).
b. Providers handling controlled substances shall adhere to 2 CCR 502-1 Behavioral
Health Rules regarding 21.300: Controlled Substance License Requirements, which
includes direction on the safe storage and handling of controlled substances.
3.4 Level of Program/Care. OMAT provider facilities shall meet ASAM Level 1 Outpatient
Treatment or 2.1 Intensive Outpatient level of care.
3.5 Tiered MAT Funding.
a. Contractors will be provided with funding for MAT services based on the following
tiered system created by BHA:
TIER 1. This is the base tier, a starting point for jails that may have high barriers and/or
resource shortage. It is primarily for jails that only offer Vivitrol and Buprenorphine
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continuations for pregnant individuals. If Contractor at this tier anticipates spending over
$5,000 in a year, it must provide a budget to BHA for pre-approval.
TIER 2. This is the middle tier for established programs, but these programs may have
some barriers and are not offering a full FDA MAT medication list yet. This is primarily
for jails that offer continuations for inmates for Buprenorphine products as well as
Vivitrol. An additional $10,000 may be offered if Methadone is offered as a continuation
for inmates. If Contractor at this tier anticipates spending over $35,000 in a year, it must
provide a budget to BHA for pre-approval.
TIER 3. This is the top tier for established programs. It should include full induction and
continuation of all FDA approved medications. Jails in this group would submit a budget
(could be $150,000 or more) for their MAT program, submit a work plan outlining how
they will screen, refer, provide medications while incarcerated, and transfer care of those
individuals to community MAT providers upon release.
b. MAT funding based on Tiers will be based on Program Manager’s discussion with the
contracted jail. If a program chooses to prove eligibility for a higher tier, this will be taken
into consideration for the following contract year. A jail will stay within one tier for an
entire contract year but can move up or down depending on proved eligibility and need.
Article 4
Deliverables
4.1 For Deliverables under this section, please see Part 5 - JBBS Program Deliverables
PART FIVE - JBBS PROGRAM DELIVERABLES
Article 1
1.1 Deliverables for All JBBS Programs
(a) JBBS Work Plan. Using the JBBS Statement of Work, the Contractor is
required to design a work plan based on the five criteria listed below. The
Annual Work Plan should specify the following information for each service in
which the Contractor will participate in. See JBBS Work Plan Template at the
end of this document.
(b) Annual Report. The Contractor shall submit to the State the previous year’s
Annual Report by EOB July 31, utilizing the JBBS Reporting Template
provided by BHA. The Contractor shall submit this report via email to
cdhs_jbbs@state.co.us
(c) JBBS Database Reporting.
(i) The Contractor or designated subcontractor shall complete all applicable
data fields in the JBBS (Civicore) Database using the following URL:
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https://fw.civicore.com/jbbhs or another data system as prescribed by
BHA. All data entry shall be updated on an ongoing basis and must reflect
current individual enrollment and services provided by the 15th of each
month following the month when the service was provided.
(ii) Data Entry shall include:
a. Basic individual demographic and working diagnosis information.
b. Booking date (date that the individual was booked into jail).
c. Screening date and results (Mental Health, Substance Use,
Traumatic Brain Injury, Trauma, and Suicidality) for all individuals
who screen “positive” for a mental health disorder or substance
use disorder.
d. Admission date (date that individual began receiving JBBS
services).
e. If applicable, results of Level of Supervision Inventory (LSI/LSI-R)
risk assessment (recommended for individuals admitted to the
JBBS program who are in jail more than 30 days).
f. Individual-level services provided (date of service, type of service,
duration of service, and any additional applicable information),
including any Medication Assisted Treatment services provided
(date of service, duration of service, type of MAT service, specific
MAT medication, and any other applicable information, including
frequency of dosage).
g. Date, duration, and participants who attended for treatment or
case management group sessions.
h. Discharge date and type (unsuccessful discharge or successful
discharge, depending on whether the individual is actively
participating in the JBBS program at the time of discharge). BHA
utilizes discharge and admission dates to approximate sentence
length and measure progress toward shortening sentence lengths.
i. Date tracked and treatment status in the community, tracked at
month 1, month 2, month 6, and month 12 after discharge.
(iii) The Contractor or Contractor’s designated subcontractor shall complete
Drug Alcohol Coordinated Data System (DACODS), Colorado Client Assessment
Records (CCAR), and Encounters - or other BHA prescribed data system
records, according to the following schedule:
a. Encounters are due by the last business day of each month for all
services provided during the previous month.
b. CCARs are due by the last business day of the month following
the admission, annual update, or discharge of a client.
c. DACODS are due by the 15th of the following month for
admissions into, and discharges from, JBBS services.
See the latest version of the Finance & Data Protocol - Protocol #1 Special
Studies Codes and Eligibility for more details.
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d)Workgroup Attendance. BHA facilitates JBBS Program Meetings every other month.
The Contractor shall ensure that a representative from each jail participates in the
meetings. The representative(s) who attends the meetings shall be responsible for
relaying the information discussed during the meetings to the rest of the Contractor’s
program organizational structure.
e)Critical Incidents. The Contractor shall ensure any critical incident involving a JBBS
client that occurs within the jail, is documented and shared with the Behavioral Health
Administration (BHA) via an encrypted email to cdhs_bha_ci@state.co.us, within 24
hours of the time the incident occurs. It is recommended that the Contractor include this
reporting requirement in all subcontractor agreements. The documentation should
include the following:
i.Date and time of incident
ii.Location of the incident
iii.The nature of the incident
iv.How the incident was resolved
v.Name[s] of staff present
vi.Whether the incident resulted in any physical harm to the participant or
any staff.
f)Copy of Proposed Subcontract. 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_jbbs@state.co.us within 30 days of
subcontract execution. The subcontract will be evaluated to ensure it is in compliance
with the maximum rates established in the Annual Budget document provided by BHA.
g)Site Visits. The JBBS Program Manager(s) shall conduct site visits for the purpose of
providing technical assistance support and quality assurance monitoring of the program
on a periodic/as needed basis.
h)Monthly Contract Monitoring Tool. The Contractor shall submit a completed contract
monitoring tool to their assigned JBBS program manager no later than the 20th of the
month with the prior month’s information. JBBS program managers will update this
internally.
i)Plan of Action. Contractors who do not meet the deliverables above, or any additional
deliverables listed below, for which they have been provided funding, shall be asked to
submit a plan of action to improve program performance for the current or next fiscal
year.
j)Monthly BHA Invoice. Invoices will be submitted to cdhs_bhapayment@state.co.us by
the 20th of the following month. Only one month’s expenses are allowed per invoice.
Supporting documentation will only be required in the event of an audit, but these
records should be maintained by the Contractor.
k)Spending Projection Plan. If a contractor is underspent by greater than 40% of their
budget by mid fiscal year (Nov 30), Contractor shall submit a spending projection plan.
Failure to submit the spending plan and failure to effectively utilize funding could result in
reduction in the current year budget.
l)Behavioral Health Screenings:
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i.Individuals involved in the JBBS program are required to complete an
evidence based behavioral health screen for each of the following five
categories: Substance Use Disorder, Mental Health, Suicide, Trauma and
Traumatic Brain Injury. This information should be used to formulate a
comprehensive treatment plan to include appropriate referrals.
ii.For individuals who are admitted to the JBBS program and are in custody
more than 30 days, it is recommended that a Level of Supervision
Inventory (LSI/LSI-R) risk assessment be completed.
1.2 Additional Deliverables Related to Mental Health Expansion (SB 18-250)
a.Data Entry. The Contractor or designated subcontractor shall complete all applicable
data fields in the JBBS (Civicore) Database, or another data system as prescribed by
BHA. All data entry shall be updated on an ongoing basis and must reflect current
individual enrollment and services provided by the 15th of each month following the
month when the service was provided. In addition to the data reporting requirements
outlined in Part 5, Article 1, Section 1.1, Subsection c, above, the following additional
data related to Mental Health Expansion shall be collected:
i.Whether the individual is receiving mental health services only, not
SUD services (checkbox in JBBS Database).
1.3 Additional Deliverables Related to Competency Enhancement (SB 19-223)
a.Data Entry. The Contractor or designated subcontractor shall complete all applicable
data fields in the JBBS (Civicore) Database, or another data system as prescribed by
BHA. All data entry shall be updated on an ongoing basis and must reflect current
individual enrollment and services provided by the 15th of each month following the
month when the service was provided. In addition to the data reporting requirements
outlined in Part 5, Article 1, Section 1.1, Subsection c, above, the following additional
data related to Competency Enhancement shall be collected:
i.Whether the individual is involved in the competency restoration process
(checkbox in JBBS Database).
ii.Whether the individual has returned to jail after receiving competency
restoration services (checkbox in JBBS Database).
1.4 Additional Deliverables Related to Pre-Sentence Reentry Coordinator Services
a.Data Entry. The Contractor or designated subcontractor shall complete all applicable
data fields in the JBBS (Civicore) Database, or another data system as prescribed by
BHA. All data entry shall be updated on an ongoing basis and must reflect current
individual enrollment and services provided by the 15th of each month following the
month when the service was provided. In addition to the data reporting requirements
outlined in Part 5, Article 1, Section 1.1, Subsection c, above, the following additional
data related to Pre-Sentence Reentry shall be collected:
i.Whether the individual is pre-sentence at time of admission (checkbox in
JBBS (CiviCore) Database.
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1.5 Additional Deliverables Related to Jail Medication-Assisted Treatment (SB 19-008)
a.Organizational Structure. All Contractors participating in JBBS shall determine and
provide an organizational structure designed to facilitate and promote effective MAT
program administration. Describe the use of evidence based best practices for
coordination of care for identified inmates. This report is due via email to
cdhs_jbbs@state.co.us by August 1 annually.
b.Policies. Prior to MAT services being delivered, the Contractor shall provide BHA a
written policy for their intended Jail MAT service delivery method, via email to
cdhs_jbbs@state.co.us. Contact JBBS Program Manager for additional information on
creating MAT policies.
c.Barrier Reports. If Contractor does not yet deliver MAT in its jail, Contractor shall
submit a report detailing the barriers Contractor is experiencing that have prevented
MAT delivery in the jail. Describe the capacity or efforts needed to get the jail into
compliance or ability to provide MAT in the jail, including but not limited to withdrawal
management, screening, and coordination of care for inmates identified for MAT. The
report is due via email to cdhs_jbbs@state.co.us by August 1 annually.
d.Start-Up Plans. In the first year that Contractor will deliver MAT in its jail, Contractor shall
submit a report of ramp-up activities that will occur in the first four months of the project via
email to cdhs_jbbs@state.co.us by August 1 annually.
e.Work Plan and Budget Submission/Approval. In order to access MAT funds,
Contractor must submit a work plan selecting an MAT tier and describing how the funds
will be used. If Contractor’s proposed budget exceeds the soft cap described in its tier
(described in Part three, article 3.5 above), Contractor shall provide an initial budget to
the BHA JBBS Program Manager with Contractor submission of the work plan. BHA
JBBS Program Manager will respond with an approval, a request for more information,
or a rejection with cause. Budgets in excess of its tier’s soft cap must be approved in
advance in writing by the BHA JBBS Program Manager. Contractors with ongoing MAT
programs must submit the workplan and budget by June 1 annually for the upcoming
state fiscal year (beginning July 1). Contractors beginning new MAT programs must
submit the workplan and budget prior to commencing services billed to this fund.
Contractor work may not commence until the work plan and budget are approved by the
BHA JBBS Program Manager.
f.Data Entry. The Contractor or designated subcontractor shall complete all applicable
data fields as outlined in Part 5, Article 1, Section 1.1, Subsection c, above. Data shall
be entered in the JBBS (Civicore) Database, or another data system as prescribed by
BHA. All data entry shall be updated on an ongoing basis and must reflect current
individual enrollment and services provided by the 15th of each month following the
month when the service was provided.
Table 1
Below is the deliverables table required by BHA, for each JBBS related service.
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Program Deliverable Description Due Date Responsible Party Deliver to
All Provide annual work plan
See Part 5, Article 1, Section 1.1,
Subsection a, above
By EOB April 1, for the following
fiscal year
Contractor cdhs_jbbs@state.co.us
All BHAH invoice See Part 1,
Article 3, Section 3.2, above
By 20th of
following month for previous
month’s expenses
Contractor cdhs_bhapayment
@state.co.us
All Report critical incidents See Part 5, Article 1, Section 1.1,
Subsection e, above
Within 24 hours of incident
Contractor cdhs_bha_ci@state .co.us
All Provide JBBS
annual report
See Part 5,
Article 1, Section 1.1, Subsection
b, above
By EOB July
31 of the current year
Contractor cdhs_jbbs@state.co
.us
All Workgroup attendance See Part 5, Article 1,
Section 1.1, Subsection d, above
Quarterly Contractor Locations TBD
All Send BHA copy of proposed subcontract
See Part 5, Article 1, Section 1.1, Subsection f, above
Within 30 days of contract being signed
Contractor cdhs_jbbs@state.co.us
All Site Visits See Part 5, Article 1, Section 1.1,
Subsection g, above
Ongoing / as needed BHA Locations TBD
All Contract
Monitoring Tool
See Part 5,
Article 1, Section 1.1, Subsection
Ongoing, by
the 20th of each month for all
Contractor JBBS Program
Manager
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h, above services provided
during the previous month
Mental Health
Expansion (SB
18-250)
Data entry specific to SB 18-250 See Part 5, Article 1, Section 1.2,
Subsection a, above
Ongoing, by the 15th of each month
for all services provided
during the previous month
Contractor or designated subcontractor
JBBS Civicore Database Jail Based
Behavioral Health Services
Competency Enhancement (SB 19-223)
Data entry specific to SB 19-223
See Part 5, Article 1, Section 1.3, Subsection a, above
Ongoing, by the 15th of each month for all services
provided during the previous
month
Contractor or designated subcontractor
JBBS Civicore Database Jail Based Behavioral Health Services
Pre-sentence Reentry
Coordinator Services
Data entry specific to pre-sentence
Reentry coordinator services
See Part 5, Article 1,
Section 1.4, Subsection a, above
Ongoing, by the 15th of
each month for all services
provided during the previous
month
Contractor or designated
subcontractor
JBBS Civicore Database
Jail Based Behavioral Health Services
JMAT (SB 19-008) Organizational structure Part 5, Article 1, Section 1.5, Subsection a, above
August 1 (annually) Contractor cdhs_jbbs@state.co.us
JMAT (SB 19-008) Policies Part 5, Article 1, Section
1.5, Subsection b, above
Prior to MAT services
being delivered
Contractor cdhs_jbbs@state.co.us
JMAT (SB 19-008) Barrier Reports Part 5, Article 1, Section 1.5,
August 1 (annually) Contractor cdhs_jbbs@state.co.us
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Subsection c, above
JMAT (SB 19-008) Start-Up Plans Part 5, Article 1, Section 1.5,
Subsection d, above
August 1 (annually) Contractor cdhs_jbbs@state.co.us
JMAT (SB 19-
008)
Work Plan and
Budget Submission/Approval
Part 5, Article
1, Section 1.5, Subsection
e, above
Within five (5)
business days of plan submission
Contractor cdhs_jbbs@state.co
.us
JMAT (SB 19-008) Data Entry Specific to JMAT (SB 19-008)
Part 5, Article 1, Section 1.5, Subsection f, above
Ongoing, by the 15th of each month for all services provided during the
previous month
Contractor or designated subcontractor
JBBS Civicore Database Jail Based Behavioral Health Services
JBBS Work Plan
1. Identify the Project Name, Purpose and Timeline
i. The Project Name will be either JBBS/Substance Use Disorder
Treatment, JBBS/Mental Health Treatment, JBBS/Pre-Sentence
Coordinator, JBBS/Competency Enhancement, or JBBS/Medication
Assisted Treatment (MAT).
ii. The Purpose will include what you hope to accomplish by providing
JBBS services in your facilities.
iii. The Timeline will be June 30, 2022 - July 1, 2023
2. Put Your Work Plan into Context
i. This should include an introduction and background of the facility’s
JBBS program.
ii. Write an introduction and background to better outline why you need
this project to happen - Creating context and establishing the problem,
helps explain why you need the solution. Examples could include an
increase in substance abuse usage, increase in mental health disorders,
increased jail population, high recidivism rates, Colorado state statute
requirements, etc.…
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iii. Describe the overall goal of the JBBS program. Examples can include
who is eligible for services, how will referrals to the program be made,
what are the admission criteria, how services will be provided, etc.…
iv. If the facility is a new JBBS program, please include a brief summary
of how and why JBBS services will be implemented into your facility, and
what you hope to gain from this program.
3. Establish Your Goals and Objectives: Goals and objectives should be developed in
an integrated, multi-disciplinary fashion, which includes the active and ongoing
participation of the offender, jail staff and community providers. Examples could include:
i. What are / will be, the assessments and screenings between
subcontracted treatment provider agencies?
ii. How will you interface with other agencies serving persons with
substance use disorders or co-occurring mental illnesses, (i.e.,
community mental health centers, substance use disorder treatment
programs, service programs for Veterans, community service agencies,
and other licensed clinicians in private practice), to meet individuals’
treatment needs?
iii. What is the service array available within the community to program
participants upon their release from jail, OR, if there are limited services
available in your area, highlight this as a potential barrier.
iv. Which recovery support services (RSS) are most needed in your
community and/or catchment area and how will the provider or Sheriff’s
Department use a portion of their budget to meet these needs?
v. What security protocol and reporting requirements are expected from
the treatment provider?
vi. What is the current capacity or efforts to screen all individuals booked
into the jail facility for mental health, suicidality and substance use
histories and needs?
vii. What are/will be, the continuum of services being offered, pursuant to
this Contract based on evidence-based curricula?
viii. What will the frequency and duration of services offered look like?
Discuss the availability of services during the week and hours of
operation, as well as include a breakdown of staff time (FTE) allocated to
the program, credentials and general duties of each position.
4. Define and Coordinate Your Resources:
i. Determine and provide an organizational structure designed to facilitate
and promote effective administration of the JBBS program (should include
jail staff as well as any subcontracted staff).
ii. Describe how you plan to link offenders with community services upon
their release from custody.
5. Understand Your Constraints: Are there any obstacles that are going to get in the way
of providing these services?
i. Examine if there are any barriers to treatment within the jail? Within the
community?
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ii. If so, it is possible to address these and, if so, how do you plan to do
that?
6. Discuss Risks and Accountability: Here you will highlight any foreseeable risks to the
program, as well as who will be accountable for each aspect of the program.
i. Activities, services, budgets, plans, timelines, goals, and outcome
measures included in the Work Plan shall be interpreted as being material
contractual performance requirements, outcomes, measures, and
contract deliverables of the Contractor.
The work plan, once approved by BHA, shall be incorporated into this Contract by reference as
work requirements of the Contractor supplemental to Contractor work requirements under the
current Contract Exhibit A, Statement of Work, as amended.
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BHA Program JBBS
Project Name JBBS
MD/DO *
Pharmascist (Pharm-D)
Registered Nurse *
Data Entry Clerk
Peer Support Specialist
Qualified Medication Administration Person (QMAP)
Mental Health Treatment State General Fund 72,360.00
Total Contract 198,850.00
General Accounting Encumbrance - Medication Assisted Treatment
MAT Services
GAE Total 1,483,700.00
GAE total for all Contractors is $1,483,700. No minimum amount is guaranteed to Contractor. Funds are invoiced as earned per the terms of Exhibit A and the following Rate Schedule.
JBBS RATE SCHEDULE
Statewide Maximum Salaries
Positions should be hired at salary levels indicative of qualifications, experience, and organization pay schedules. This table indicates a maximum salary only. It is
understood that many positions will be hired at lower salary levels than the state maximum.
Licensed Therapist (LPC/LCSW/LAC/LMFT)*$82,400/year
Unlicensed Master's Level Therapist or Substance Abuse Counselor (example CAS)*$66,950/year
Unlicensed Bachelor's Level Therapist or Substance Abuse Counselor (example
CAS)*$61,800/year
$56,650/year
JBBS Program Administrator (Primary responsibility of managing the jail's JBBS program.) *
Pre-sentence Coordinator *
Case Manager (CM) *
Certified Addiction Technician (CAT)$43,260/year
Physician Assistance (PA) *$123,600/year$258,805/year
$100,522/year
$70,00/year
EXHIBIT B, FY23 ANNUAL BUDGET
Agency Name Pitkin County
Program Contact, Title Rob Nye, Sergeant
Phone 970-920-5331
Email rob.nye@pitkinsheriff.com
March 22, 2022
State General Fund 126,490.00
Email
Date Completed
SERVICE CATEGORIES
Services (Fixed Price per rate Schedule)Funding Source Total
Substance Use Disorder Treatment
Budget Period July 1, 2022 - June 30, 2023
Fiscal Contract, Title Kim Vallario, Commander
Phone 970-309-2521kim.vallario@pitkinsheriff.com
$131,933/year
$74,160/year
$41,200/year$35,000/year
$15.50/hour
*BHA will reimburse salaries up to the state maximum
*BHA may consider rates 10% above statewide maximum salaries pending justification from jails and written pre-approval by BHA
Travel
Mileage (IRS rate)$0.59/mile
Operating Expenses
Maximum total percentage of contract budget 10%
Training and continuing education for jail employees/clinicians (including but not limited to QMAP, CIT, Motivational Interviewing, Mental Health First Aid,
Trauma Informed Care, (Certified Addiction Specialist -Classes only) may be included in the operating expenses
BHA may pay for one licensing test per clinician (NCE, MAC, NCAC). Up to $200 per clinician, per test.
BHA may consider operating expenses above 10% of total contract budget pending justification from jails and written pre-approval by BHA
Indirect Expenses
10%
BHA may consider operating expenses above 10% of total contract budget pending justification from jails and written pre-approval by BHA
Maximum total percentage of contract budget
Page 1 of 2
Exhibit B
**
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Food Assistance
Revised 02_23_2022
Transportation Assistance
Transportation to Residential Treatment
UA / BAs
RECOVERY SUPPORT SERVICES
Utilities
Life Skills Training
Medical Assistance – copays / infectious disease testing
Medications
Personal Care (eg. haircuts)
Phone Cards
Pre-paid Cell Phones
Printed Resources
Out of state travel to treatment will need prior approval by BHA
Limit of $100.00 per person
1 month limit per client
Limit of $250.00 per person
30 day limit per person
Limit of $15.00 per person
To be paid for upon release and after client attends 2 appointments in the community. Cost of the phone and up to 2 months of bills.
* BHA may consider other expenses pending justification from jails and written pre-approval by BHA
MEDICATIONS
Medication reimbursement will be based on a) providers established rate or b) jail purchase agreement rate or c) in the absence of an established rate or jail purchase
agreement rate the following BHA rate schedule.
Psychotropic Medication will be reimbursed at rate established on Preferred Drug List (PDL) which can be found at https://www.colorado.gov/hcpf/pharmacy
Medication RateMethadone$18/day. Methodone treatment, including medication and integrated psychosocial and
Naltrexone (oral)Monthly Medication Rate: $85. Monthly Prescriber Rate: $150
$140/month
$140/month
$80/month
Unit Cost: $75. Prescriber Rate: $35
$5.55 / unit @30 days = $166.50 for a 2mg-0.5mg dose; range can increase from 4mg-
$41/month
$31/month
$1,376/unit; 380mg injection (extended release) per month
Depot-naltrexone (injectable) (Vivitrol)$1,376/unit; 380mg injection (extended release) per month
Buprenorphine (pregnancy) - 8mg $41/month
Buprenorphine (pregnancy) - 2mg $31/month
$275/month
Buprenorphine - 2mg
Sublocade (injectable)
Buprenorphine/naloxone sublingual film (suboxone) - 12mg/3mg
Buprenorphine/naloxone sublingual film (suboxone) - 8mg/2mg
Buprenorphine/naloxone sublingual film (suboxone) - 4mg/1mg
Buprenorphine/naloxone sublingual film (suboxone) - 2mg/0.5mg
Naloxone (Narcan)
Suboxone and generics
Buprenorphine - 8mg
Allowed Services *
Application Fees ID / Birth Certificates
Indigent Backpacks
Basic Hygiene Items
Bicycles
Bus Pass – Daily, Monthly
Additional Notes
May be provided if client is engaged in treatment services for 2 + months post release. 1
bike per person.
1 month limit per client, per childChild Care
Clothing
Educational Costs ( books, supplies, and fees)
Emergency Housing/Rental Assistance
Gas Vouchers
GED Program / Testing
Job Placement Training
90 day limit per person
Page 2 of 2
Exhibit B
**Payment to Contractor is made from available funds encumbered and shared across multiple contractors. The State may increase or decrease the total funds encumbered at its sole discretion and without formal notice to Contractor. No minimum payment is guaranteed to Contractor. The liability of the State for such payments is limited to the encumbered amount remaining of such funds.
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Exhibit C
Page 1 of 6
Exhibit C 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 an 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. Option Letter
For contracts using State funding: The State may increase or decrease the rates established in the Contract in Exhibit B, “Budget,” based upon a cost-of-living adjustment to the relevant lines in the Long Bill through an option letter. In order to exercise this option, the State shall provide written notice to Contractor in a form substantially equivalent to Contract Section 23, “Sample Option Letter.” Delivery of Goods and performance of Services shall continue at
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Exhibit C
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the same rates and terms as described in this Contract. D. 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.
E. 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. 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. 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 serve as an amendment to
the contract for the timeframe identified and agreed to by BHA and the
Contractor.
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.
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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
situation 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.
H. 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
I. 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
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Exhibit C
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treatment in the context of clinical research permitted by the DEA and under an FDA-
approved investigational 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. To the extent a subcontractor is used, the Contractor shall provide a copy of the subcontract
to BHA cdhs_bhadeliverables@state.co.us.
2. Contractor shall ensure that its subcontractors perform to the terms of this Contract. B. Any subcontract for services must include, at a minimum, the following: 3. A description of each partner’s participation
4. Responsibilities to the program (policy and/or operational)
5. 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.
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, BHA cdhs_bhadeliverables@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. Additional Remedies
A. Duty to Act in Good Faith
The Contractor shall comply with all the provisions of this contract and its amendments, if any, and shall act in good faith in the performance of the requirements of said contract. The Contractor agrees that failure to act in good faith in the performance with said requirements may result in the assessment of remedial actions, liquidated damages and/or termination of
the contract in whole or in part and/or other actions by the State as allowed by law as set forth
in this contract. B. Corrective Action The State will notify the Contractor of non-compliance and subsequently, after consultation
with the Contractor, will establish a schedule for the Contractor to cure non-compliance. The
Contractor shall be responsible for the submission of a plan of corrective action in accordance
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Exhibit C
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with said schedule. If full compliance is not achieved, or a plan of action for correction is not submitted and approved by the State within the scheduled time frame, the State may exercise remedies specified in the General Provisions “Remedies” section of this Contract. If the State
determines that the Contractor continues to be out of compliance with the Contract, the State may exercise liquidated damages herein. C. Liquidated Damages. If an extension of time is not granted by the State, and the required performance associated
with this contract is not received from the Contractor then liquidated damages of $300 a day will be assessed and may be permanently withheld from payments due to the Contractor for each day that performance is late. The parties agree that incomplete or incorrect performance shall also be cause for “late performance.” The parties agree that the damages from breach of this contract are difficult to prove or estimate, and the amount of liquidated damages specified
herein represents a reasonable estimation of damages that will be suffered by the State from late performance, including costs of additional inspection and oversight, and lost opportunity for additional efficiencies that would have attended on-time completion of performance. Assessment of liquidated damages shall not be exclusive of or in any way limit remedies available to the State at law or equity for Contractor breach. IV. Audit Requirements A. Independent Audit Requirements 6. “Independent financial audit” shall be defined as follows– a financial audit conducted by a
certified public accounting firm or certified public accountant (CPA) in accordance with generally accepted accounting principles and applicable federal regulations. The CPA or firm must be independent of the Contractor. “Independent” means not a regular full-time or part-time employee of the Contractor and not receiving any form of compensation from
the Contractor other than compensation that the CPA receives for the conduct of the
financial audit. 7. If the Contractor or sub-contractor expends federal awards from all sources (direct or from pass-through entities) in an amount of $300,000 or more during its fiscal year shall have an
independent financial audit performed annually. The audit shall identify, examine, and
report the income and expenditures specific to operation of the services described in this contract. The audit will be presented in the format specified in the “Accounting and Auditing Guidelines” for Colorado Department of Human Services, Behavioral Health Administration (BHA), found on the BHA website.
8. The Contractor agrees to comply with the qualified or disclaimer opinion rendered by the independent auditor on financial statements or the negative opinion on peer review reports. Non-compliance with these standards shall result in enforcement of remedies against the Contractor as provided in this Contract.
B. Annual Single Audit 1. If the Contractor or sub-contractor expends federal awards from all sources (direct or from pass-through entities) in an amount of $750,000 or more during its fiscal year, then the
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Exhibit C
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Contractor or sub-contractor shall have an audit of that fiscal year in accordance with the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-7507), the provisions for which are outlined in n/a.
V. 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, “Budget.” 2. If a Single Audit is performed in accordance with Section III.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.
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 monthly for services, no later than the 20th of the month
following when services are provided.
2. The Contractor shall utilize the invoice template(s) provided by BHA. 3. All payment requests shall be submitted electronically to cdhs_bhapayment@state.co.us 4. Any requests for payment received after September 10th for the prior state fiscal year cannot be processed by BHA.
5. The State will make payment on invoices within 45 days of receipt of a correct and complete
invoice to cdhs_bhapayment@state.co.us. Consequently, the Contractor must have adequate solvency to pay its expenses up to 45 days after invoice submission to the State.
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EXHIBIT D
HIPAA BUSINESS ASSOCIATE / 42 PART 2
QUALIFIED SERVICE ORGANIZATION AGREEMENT
This HIPAA Business Associate/42 Part 2 Qualified Service Organization Agreement (“Agreement”) between the State and Contractor is agreed to in connection with, and as an exhibit to, the Contract. For purposes of this
Agreement, the State is referred to as “Covered Entity” and the Contractor is referred to as “Business Associate”.
Unless the context clearly requires a distinction between the Contract and this Agreement, all references to
“Contract” shall include this Agreement.
1. PURPOSE
Covered Entity wishes to disclose information to Business Associate, which may include Protected Health
Information ("PHI"). The Parties intend to protect the privacy and security of the disclosed PHI in compliance
with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), Pub. L. No. 104-191 (1996) as
amended by the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”) enacted under the American Recovery and Reinvestment Act of 2009 (“ARRA”) Pub. L. No. 111–5
(2009), implementing regulations promulgated by the U.S. Department of Health and Human Services at 45
C.F.R. Parts 160, 162 and 164 (the “HIPAA Rules”) and other applicable laws, as amended. Prior to the
disclosure of PHI, Covered Entity is required to enter into an agreement with Business Associate containing
specific requirements as set forth in, but not limited to, Title 45, Sections 160.103, 164.502(e) and 164.504(e) of
the Code of Federal Regulations (“C.F.R.”) and all other applicable laws and regulations, all as may be amended.
2.DEFINITIONS
The following terms used in this Agreement shall have the same meanings as in the HIPAA Rules: Breach, Data
Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required by Law, Secretary, Security Incident,
Subcontractor, Unsecured Protected Health Information, and Use.
The following terms used in this Agreement shall have the meanings set forth below:
a.Business Associate. “Business Associate” shall have the same meaning as the term “business
associate” at 45 C.F.R. 160.103 and, and shall refer to Contractor.
b.Covered Entity. “Covered Entity” shall have the same meaning as the term “covered entity” at 45
C.F.R. 160.103, and shall refer to the State.
c.Information Technology and Information Security. “Information Technology” and “Information
Security” shall have the same meanings as the terms “information technology” and “information
security”, respectively, in §24-37.5-102, C.R.S.
Exhibit D
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Capitalized terms used herein and not otherwise defined herein or in the HIPAA Rules shall have the meanings
ascribed to them in the Contract.
3.OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE
a. Permitted Uses and Disclosures.
i.Business Associate shall use and disclose PHI only to accomplish Business Associate’s
obligations under the Contract.
i.To the extent Business Associate carries out one or more of Covered Entity’s obligations
under Subpart E of 45 C.F.R. Part 164, Business Associate shall comply with any and allrequirements of Subpart E that apply to Covered Entity in the performance of such obligation.
ii.Business Associate may disclose PHI to carry out the legal responsibilities of Business
Associate, provided, that the disclosure is Required by Law or Business Associate obtainsreasonable assurances from the person to whom the information is disclosed that:
A.the information will remain confidential and will be used or disclosed only as
Required by Law or for the purpose for which Business Associate originally
disclosed the information to that person, and;
B.the person notifies Business Associate of any Breach involving PHI of which it is
aware.
iii.Business Associate may provide Data Aggregation services relating to the Health CareOperations of Covered Entity. Business Associate may de-identify any or all PHI created or
received by Business Associate under this Agreement, provided the de-identification
conforms to the requirements of the HIPAA Rules.
d.Minimum Necessary. Business Associate, its Subcontractors and agents, shall access, use, anddisclose only the minimum amount of PHI necessary to accomplish the objectives of the Contract, in
accordance with the Minimum Necessary Requirements of the HIPAA Rules including, but not
limited to, 45 C.F.R. 164.502(b) and 164.514(d).
e. Impermissible Uses and Disclosures.
i.Business Associate shall not disclose the PHI of Covered Entity to another covered entity
without the written authorization of Covered Entity.
ii.Business Associate shall not share, use, disclose or make available any Covered Entity PHI inany form via any medium with or to any person or entity beyond the boundaries or
jurisdiction of the United States without express written authorization from Covered Entity.
f.Business Associate's Subcontractors.
i.Business Associate shall, in accordance with 45 C.F.R. 164.502(e)(1)(ii) and 164.308(b)(2),ensure that any Subcontractors who create, receive, maintain, or transmit PHI on behalf of
Business Associate agree in writing to the same restrictions, conditions, and requirements that
apply to Business Associate with respect to safeguarding PHI.
Exhibit D
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ii.Business Associate shall provide to Covered Entity, on Covered Entity’s request, a list of
Subcontractors who have entered into any such agreement with Business Associate.
iii.Business Associate shall provide to Covered Entity, on Covered Entity’s request, copies of
any such agreements Business Associate has entered into with Subcontractors.
g.Access to System. If Business Associate needs access to a Covered Entity Information Technology system to comply with its obligations under the Contract or this Agreement, Business Associate shall
request, review, and comply with any and all policies applicable to Covered Entity regarding such
system including, but not limited to, any policies promulgated by the Office of Information
Technology and available at https://oit.colorado.gov/standards-policies-guides/technical-standards-policies.
h.Access to PHI. Business Associate shall, within ten days of receiving a written request from Covered
Entity, make available PHI in a Designated Record Set to Covered Entity as necessary to satisfy Covered Entity’s obligations under 45 C.F.R. 164.524.
i.Amendment of PHI.
i.Business Associate shall within ten days of receiving a written request from Covered Entity
make any amendment to PHI in a Designated Record Set as directed by or agreed to by Covered Entity pursuant to 45 C.F.R. 164.526, or take other measures as necessary to satisfy
Covered Entity’s obligations under 45 C.F.R. 164.526.
ii.Business Associate shall promptly forward to Covered Entity any request for amendment of PHI that Business Associate receives directly from an Individual.
j.Accounting Rights. Business Associate shall, within ten days of receiving a written request from
Covered Entity, maintain and make available to Covered Entity the information necessary for
Covered Entity to satisfy its obligations to provide an accounting of Disclosure under 45 C.F.R. 164.528.
k.Restrictions and Confidential Communications.
i.Business Associate shall restrict the Use or Disclosure of an Individual’s PHI within ten days
of notice from Covered Entity of:
A.a restriction on Use or Disclosure of PHI pursuant to 45 C.F.R. 164.522; or
B.a request for confidential communication of PHI pursuant to 45 C.F.R. 164.522.
ii.Business Associate shall not respond directly to an Individual’s requests to restrict the Use or Disclosure of PHI or to send all communication of PHI to an alternate address.
iii.Business Associate shall refer such requests to Covered Entity so that Covered Entity can
coordinate and prepare a timely response to the requesting Individual and provide direction to
Business Associate.
l.Governmental Access to Records. Business Associate shall make its facilities, internal practices,
books, records, and other sources of information, including PHI, available to the Secretary for
purposes of determining compliance with the HIPAA Rules in accordance with 45 C.F.R. 160.310.
Exhibit D
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m.Audit, Inspection and Enforcement.
i.Business Associate shall obtain and update at least annually a written assessment performed
by an independent third party reasonably acceptable to Covered Entity, which evaluates the
Information Security of the applications, infrastructure, and processes that interact with the
Covered Entity data Business Associate receives, manipulates, stores and distributes. Uponrequest by Covered Entity, Business Associate shall provide to Covered Entity the executive
summary of the assessment.
ii.Business Associate, upon the request of Covered Entity, shall fully cooperate with Covered
Entity’s efforts to audit Business Associate’s compliance with applicable HIPAA Rules. If,
through audit or inspection, Covered Entity determines that Business Associate’s conduct
would result in violation of the HIPAA Rules or is in violation of the Contract or this
Agreement, Business Associate shall promptly remedy any such violation and shall certifycompletion of its remedy in writing to Covered Entity.
n. Appropriate Safeguards.
i.Business Associate shall use appropriate safeguards and comply with Subpart C of 45 C.F.R.
Part 164 with respect to electronic PHI to prevent use or disclosure of PHI other than as
provided in this Agreement.
ii.Business Associate shall safeguard the PHI from tampering and unauthorized disclosures.
iii.Business Associate shall maintain the confidentiality of passwords and other data required foraccessing this information.
iv.Business Associate shall extend protection beyond the initial information obtained from
Covered Entity to any databases or collections of PHI containing information derived from
the PHI. The provisions of this section shall be in force unless PHI is de-identified in
conformance to the requirements of the HIPAA Rules.
o. Safeguard During Transmission.
i.Business Associate shall use reasonable and appropriate safeguards including, without
limitation, Information Security measures to ensure that all transmissions of PHI are
authorized and to prevent use or disclosure of PHI other than as provided for by this
Agreement.
ii.Business Associate shall not transmit PHI over the internet or any other insecure or opencommunication channel unless the PHI is encrypted or otherwise safeguarded with a FIPS-
compliant encryption algorithm.
p. Reporting of Improper Use or Disclosure and Notification of Breach.
i.Business Associate shall, as soon as reasonably possible, but immediately after discovery of a
Breach, notify Covered Entity of any use or disclosure of PHI not provided for by this
Agreement, including a Breach of Unsecured Protected Health Information as such notice is
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required by 45 C.F.R. 164.410 or a breach for which notice is required under §24-73-103,
C.R.S.
ii.Such notice shall include the identification of each Individual whose Unsecured Protected
Health Information has been, or is reasonably believed by Business Associate to have been,
accessed, acquired, or disclosed during such Breach.
iii.Business Associate shall, as soon as reasonably possible, but immediately after discovery of
any Security Incident that does not constitute a Breach, notify Covered Entity of such
incident.
iv.Business Associate shall have the burden of demonstrating that all notifications were made as
required, including evidence demonstrating the necessity of any delay.
q. Business Associate’s Insurance and Notification Costs.
i.Business Associate shall bear all costs of a Breach response including, without limitation,
notifications, and shall maintain insurance to cover:
A.loss of PHI data;
B.Breach notification requirements specified in HIPAA Rules and in §24-73-103,
C.R.S.; and
C.claims based upon alleged violations of privacy rights through improper use or
disclosure of PHI.
ii.All such policies shall meet or exceed the minimum insurance requirements of the Contractor otherwise as may be approved by Covered Entity (e.g., occurrence basis, combined single
dollar limits, annual aggregate dollar limits, additional insured status, and notice of
cancellation).
iii.Business Associate shall provide Covered Entity a point of contact who possesses relevant
Information Security knowledge and is accessible 24 hours per day, 7 days per week to assist
with incident handling.
iv.Business Associate, to the extent practicable, shall mitigate any harmful effect known toBusiness Associate of a Use or Disclosure of PHI by Business Associate in violation of this
Agreement.
r.Subcontractors and Breaches.
i.Business Associate shall enter into a written agreement with each of its Subcontractors andagents, who create, receive, maintain, or transmit PHI on behalf of Business Associate. The
agreements shall require such Subcontractors and agents to report to Business Associate any
use or disclosure of PHI not provided for by this Agreement, including Security Incidents andBreaches of Unsecured Protected Health Information, on the first day such Subcontractor or
agent knows or should have known of the Breach as required by 45 C.F.R. 164.410.
Exhibit D
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ii.Business Associate shall notify Covered Entity of any such report and shall provide copies of
any such agreements to Covered Entity on request.
s.Data Ownership.
i.Business Associate acknowledges that Business Associate has no ownership rights with
respect to the PHI.
ii.Upon request by Covered Entity, Business Associate immediately shall provide Covered
Entity with any keys to decrypt information that the Business Association has encrypted and
maintains in encrypted form, or shall provide such information in unencrypted usable form.
t.Retention of PHI. Except upon termination of this Agreement as provided in Section 5, below,Business Associate and its Subcontractors or agents shall retain all PHI throughout the term of this
Agreement, and shall continue to maintain the accounting of disclosures required under Section 3.h,
above, for a period of six years.
4.OBLIGATIONS OF COVERED ENTITY
a.Safeguards During Transmission. Covered Entity shall be responsible for using appropriate
safeguards including encryption of PHI, to maintain and ensure the confidentiality, integrity, andsecurity of PHI transmitted pursuant to this Agreement, in accordance with the standards and
requirements of the HIPAA Rules.
b.Notice of Changes.
i.Covered Entity maintains a copy of its Notice of Privacy Practices on its website. Covered
Entity shall provide Business Associate with any changes in, or revocation of, permission to use
or disclose PHI, to the extent that it may affect Business Associate’s permitted or required uses
or disclosures.
ii.Covered Entity shall notify Business Associate of any restriction on the use or disclosure of
PHI to which Covered Entity has agreed in accordance with 45 C.F.R. 164.522, to the extent
that it may affect Business Associate’s permitted use or disclosure of PHI.
5.TERMINATION
a. Breach.
i.In addition to any Contract provision regarding remedies for breach, Covered Entity shall
have the right, in the event of a breach by Business Associate of any provision of this
Agreement, to terminate immediately the Contract, or this Agreement, or both.
ii.Subject to any directions from Covered Entity, upon termination of the Contract, this
Agreement, or both, Business Associate shall take timely, reasonable, and necessary action to
protect and preserve property in the possession of Business Associate in which Covered
Entity has an interest.
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b.Effect of Termination.
i.Upon termination of this Agreement for any reason, Business Associate, at the option of
Covered Entity, shall return or destroy all PHI that Business Associate, its agents, or its
Subcontractors maintain in any form, and shall not retain any copies of such PHI.
ii.If Covered Entity directs Business Associate to destroy the PHI, Business Associate shall
certify in writing to Covered Entity that such PHI has been destroyed.
iii.If Business Associate believes that returning or destroying the PHI is not feasible, Business
Associate shall promptly provide Covered Entity with notice of the conditions making return
or destruction infeasible. Business Associate shall continue to extend the protections of
Section 3 of this Agreement to such PHI, and shall limit further use of such PHI to those
purposes that make the return or destruction of such PHI infeasible.
6.INJUNCTIVE RELIEF
Covered Entity and Business Associate agree that irreparable damage would occur in the event Business
Associate or any of its Subcontractors or agents use or disclosure of PHI in violation of this Agreement, the
HIPAA Rules or any applicable law. Covered Entity and Business Associate further agree that money damages
would not provide an adequate remedy for such Breach. Accordingly, Covered Entity and Business Associate
agree that Covered Entity shall be entitled to injunctive relief, specific performance, and other equitable relief to prevent or restrain any Breach or threatened Breach of and to enforce specifically the terms and provisions of this
Agreement.
7.LIMITATION OF LIABILITY
Any provision in the Contract limiting Contractor’s liability shall not apply to Business Associate’s liability under
this Agreement, which shall not be limited.
8.DISCLAIMER
Covered Entity makes no warranty or representation that compliance by Business Associate with this Agreement
or the HIPAA Rules will be adequate or satisfactory for Business Associate’s own purposes. Business Associate
is solely responsible for all decisions made and actions taken by Business Associate regarding the safeguarding of
PHI.
9.CERTIFICATION
Covered Entity has a legal obligation under HIPAA Rules to certify as to Business Associate’s Information
Security practices. Covered Entity or its authorized agent or contractor shall have the right to examine Business
Associate’s facilities, systems, procedures, and records, at Covered Entity’s expense, if Covered Entity
determines that examination is necessary to certify that Business Associate’s Information Security safeguards comply with the HIPAA Rules or this Agreement.
Exhibit D
Page 7 of 11 HIPAA BAA/QSOA Revised August 2018
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10.AMENDMENT
a.Amendment to Comply with Law. The Parties acknowledge that state and federal laws and
regulations relating to data security and privacy are rapidly evolving and that amendment of this
Agreement may be required to provide procedures to ensure compliance with such developments.
i.In the event of any change to state or federal laws and regulations relating to data security
and privacy affecting this Agreement, the Parties shall take such action as is necessary to
implement the changes to the standards and requirements of HIPAA, the HIPAA Rules
and other applicable rules relating to the confidentiality, integrity, availability and
security of PHI with respect to this Agreement.
ii.Business Associate shall provide to Covered Entity written assurance satisfactory to
Covered Entity that Business Associate shall adequately safeguard all PHI, and obtain
written assurance satisfactory to Covered Entity from Business Associate’s
Subcontractors and agents that they shall adequately safeguard all PHI.
iii.Upon the request of either Party, the other Party promptly shall negotiate in good faith the
terms of an amendment to the Contract embodying written assurances consistent with the
standards and requirements of HIPAA, the HIPAA Rules, or other applicable rules.
iv.Covered Entity may terminate this Agreement upon 30 days’ prior written notice in the
event that:
A.Business Associate does not promptly enter into negotiations to amend the Contract
and this Agreement when requested by Covered Entity pursuant to this Section; or
B.Business Associate does not enter into an amendment to the Contract and this
Agreement, which provides assurances regarding the safeguarding of PHI sufficient,
in Covered Entity’s sole discretion, to satisfy the standards and requirements of the
HIPAA, the HIPAA Rules and applicable law.
b.Amendment of Appendix. The Appendix to this Agreement may be modified or amended by the
mutual written agreement of the Parties, without amendment of this Agreement. Any modified or
amended Appendix agreed to in writing by the Parties shall supersede and replace any prior version
of the Appendix.
11.ASSISTANCE IN LITIGATION OR ADMINISTRATIVE PROCEEDINGS
Covered Entity shall provide written notice to Business Associate if litigation or administrative proceeding is
commenced against Covered Entity, its directors, officers, or employees, based on a claimed violation by
Business Associate of HIPAA, the HIPAA Rules or other laws relating to security and privacy or PHI. Upon
receipt of such notice and to the extent requested by Covered Entity, Business Associate shall, and shall cause its
employees, Subcontractors, or agents assisting Business Associate in the performance of its obligations under the Contract to, assist Covered Entity in the defense of such litigation or proceedings. Business Associate shall, and
shall cause its employees, Subcontractor’s and agents to, provide assistance, to Covered Entity, which may
Exhibit D
Page 8 of 11 HIPAA BAA/QSOA Revised August 2018
DocuSign Envelope ID: 4F40DC05-CB78-495A-8035-9A9F27E0AF04
include testifying as a witness at such proceedings. Business Associate or any of its employees, Subcontractors or
agents shall not be required to provide such assistance if Business Associate is a named adverse party.
12.INTERPRETATION AND ORDER OF PRECEDENCE
Any ambiguity in this Agreement shall be resolved in favor of a meaning that complies and is consistent with the
HIPAA Rules. In the event of an inconsistency between the Contract and this Agreement, this Agreement shall
control. This Agreement supersedes and replaces any previous, separately executed HIPAA business associate agreement between the Parties.
13.SURVIVAL
Provisions of this Agreement requiring continued performance, compliance, or effect after termination shall
survive termination of this contract or this agreement and shall be enforceable by Covered Entity.
Exhibit D
Page 9 of 11 HIPAA BAA/QSOA Revised August 2018
DocuSign Envelope ID: 4F40DC05-CB78-495A-8035-9A9F27E0AF04
APPENDIX TO HIPAA BUSINESS ASSOCIATE AGREEMENT
This Appendix (“Appendix”) to the HIPAA Business Associate Agreement (“Agreement”) is s an appendix to the
Contract and the Agreement. For the purposes of this Appendix, defined terms shall have the meanings ascribed
to them in the Agreement and the Contract.
Unless the context clearly requires a distinction between the Contract, the Agreement, and this Appendix, all
references to “Contract” or “Agreement” shall include this Appendix.
1.PURPOSE
This Appendix sets forth additional terms to the Agreement. Any sub-section of this Appendix marked as
“Reserved” shall be construed as setting forth no additional terms.
2.ADDITIONAL TERMS
a.Additional Permitted Uses. In addition to those purposes set forth in the Agreement, Business
Associate may use PHI for the following additional purposes:
i.Reserved.
b.Additional Permitted Disclosures. In addition to those purposes set forth in the Agreement, Business
Associate may disclose PHI for the following additional purposes:
i.Reserved.
c.Approved Subcontractors. Covered Entity agrees that the following Subcontractors or agents of
Business Associate may receive PHI under the Agreement:
i.Reserved.
d.Definition of Receipt of PHI. Business Associate’s receipt of PHI under this Contract shall bedeemed to occur, and Business Associate’s obligations under the Agreement shall commence, as
follows:
i.Reserved.
e.Additional Restrictions on Business Associate. Business Associate agrees to comply with the
following additional restrictions on Business Associate’s use and disclosure of PHI under the
Contract:
i.Reserved.
ii.The Associate:
A.Acknowledges this agreement qualifies as a Qualified Service OrganizationAddendum as the agreement is between a Substance Abuse Program
(“Program”) and a Qualified Service Organization as defined by 42 C.F.R.
Part 2.
Exhibit D
Page 10 of 11 HIPAA BAA/QSOA Revised August 2018
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B.Acknowledges that in receiving, transmitting, transporting, storing,
processing or otherwise dealing with any information received from theProgram identifying or otherwise relating to the patient in the Program
(“protected information”), it is fully bound by the provisions of the federal
regulations governing the Confidentiality of Alcohol and Drug Abuse PatientRecords, 42 C.F.R. Part 2. Protected information encompasses protected
health information (“PHI”) and references to PHI shall be understood to
include protected information.
C.Agrees to resist any efforts in judicial proceeding to obtain access to theprotected information except as expressly provided for in the regulations
governing the Confidentiality of Alcohol and Drug Abuse patient Records,
42 C.F.R. Part 2.
D.Agrees that if the Associate enters into a contract with any agent or
subcontractor, the agent or subcontractor will agree to comply with 42 C.F.R
Part 2.
E.Agrees to ensure that any agent or subcontractor to whom the Associateprovides protected information received from the Program, or creates or
receives on behalf of the Program, agrees to the same restrictions and
conditions that apply through this agreement to the Associate with respect to
such information.
F.Agrees that redisclosure of protected information is prohibited unless
permitted by 42 C.F.R. Part 2.
f.Additional Terms. Business Associate agrees to comply with the following additional terms under theAgreement.
i.Reserved.
Exhibit D
Page 11 of 11 HIPAA BAA/QSOA Revised August 2018
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