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HomeMy WebLinkAboutbocc.con.259.23 - BOCCAmendment Contract Number: 24 IBEH 186732 Page 1 of 3 Rev. 1/14/19 CONTRACT AMENDMENT #2 SIGNATURE AND COVER PAGE State Agency Colorado Department of Human Services Behavioral Health Administration Original Contract Number 23 IBEH 174374 Contractor Pitkin County Amendment Contract Number 24 IBEH 186732 Current Contract Maximum Amount Initial Term Contract Performance Beginning Date July 1, 2022 State Fiscal Year 2023 $367,421.00 Extension Terms Current Contract Expiration Date June 30, 2024 State Fiscal Year 2024 $475,904.00 Total for All State Fiscal Years $843,325.00 THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment and to bind the Party authorizing his or her signature. CONTRACTOR Pitkin County ______________________________________________ By: Francie Jacober, Chair, Board of County Commissioners Date: _________________________ STATE OF COLORADO Jared Polis, Governor Colorado Department of Human Services Michelle Barnes, Executive Director ______________________________________________ By: Michelle Barnes, Interim Commissioner, Behavioral Health Administration Date: _________________________ In accordance with §24-30-202 C.R.S., this Amendment 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 / Toni Williamson Amendment Effective Date:_____________________ DocuSign Envelope ID: 198AB8CB-0E1D-4970-AB5A-16FC0922F080 10/20/2023 10/23/2023 10/24/2023 Amendment Contract Number: 24 IBEH 186732 Page 2 of 3 Rev. 1/14/19 1. PARTIES This Amendment (the “Amendment”) to the Original Contract shown on the Signature and Cover Page for this Amendment (the “Contract”) is entered into by and between the Contractor, and the State. 2. TERMINOLOGY Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the Contract shall be construed and interpreted in accordance with the Contract. 3. AMENDMENT EFFECTIVE DATE AND TERM A. Amendment Effective Date This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before that Amendment Effective Date, and shall have no obligation to pay Contractor for any Work performed or expense incurred under this Amendment either before or after of the Amendment term shown in §3.B of this Amendment. B. Amendment Term The Parties’ respective performances under this Amendment and the changes to the Contract contained herein shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment and shall terminate on the termination of the Contract. 4. PURPOSE Under the original contract the Contractor has implemented a Co-Responder Services Program for its community by partnering with key stakeholder partners. The purpose of this contract amendment is to update Exhibit B and Exhibit C. This amendment adds $95,904 in new funding for FY24 to support their service expansion to add additional peer support for a new FY24 total of $475,904. 5. MODIFICATIONS The Contract and all prior amendments thereto, if any, are modified as follows: A. The Contract Maximum Amount table on the Contract’s Signature and Cover Page is hereby deleted and replaced with the Current Contract Maximum Amount table shown on the Signature and Cover Page for this Amendment. B. ADD Exhibit B-2, Budget, attached hereto and incorporated herein by reference. C. REPLACE Exhibit C-1, Miscellaneous Provisions, with Exhibit C-2, Miscellaneous Provisions, attached hereto and incorporated herein by reference. 6. LIMITS OF EFFECT AND ORDER OF PRECEDENCE This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments or other modifications to the Contract, if any, remain in full force and effect except as specifically modified in this Amendment. Except for the Special Provisions contained in the DocuSign Envelope ID: 198AB8CB-0E1D-4970-AB5A-16FC0922F080 Amendment Contract Number: 24 IBEH 186732 Page 3 of 3 Rev. 1/14/19 Contract, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Contract or any prior modification to the Contract, the provisions of this Amendment shall in all respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and control over the Special Provisions contained in the Contract to the extent that this Amendment specifically modifies those Special Provisions. **THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK** DocuSign Envelope ID: 198AB8CB-0E1D-4970-AB5A-16FC0922F080 EXHIBIT B-2 BHA Program Co-Responder Program Project Name Pitkin Area Co-Responder Team (PACT) Annual Budget Position Title Gross or Annual Salary Fringe Percent of Time on Project Total Amount Requested from BHA Project Director 97,920.00$ 30,286.00$ 4.5%5,769.27$ Mental Health Program Administrator 87,516.00$ 36,657.00$ 78.0%96,854.94$ Financial Analyst 91,305.00$ 28,893.00$ 4.75%5,709.41$ Administrative Specialist 62,131.00$ 23,858.00$ 6.00%5,159.34$ Annual Budget Position Title Hourly Wage Hourly Fringe Total # of Hours on Project Total Amount Requested from BHA -$ 113,493.00$ Annual Budget Contractor Name Rate Quantity Total Amount Requested from BHA Mind Springs Health $ 25,177.00 12 302,124.00$ Julota $ 5,500.00 2 11,000.00$ OMNI Data Consultant $ 667.00 12 8,004.00$ Agency Name Budget Period 7/1/23 - 6/30/24 EXHIBIT B-2, FY24 ANNUAL BUDGET Pitkin County Public Health Program Contact Name, Title Katie Hundertmark, PACT Program Admin 970.319.3957 kathryn.hundertmark@pitkincounty.com Phone Email Fiscal Contract Name, Title Kelly Pazar, Financial Analyst Phone 970.379.3637 kelly.pazar@pitkincounty.com 8/29/2023 rev 9/6/2023 Email Date Completed All budget numbers are estimates. Contract billing will be on a cost reimbursement basis for actual expenses incurred. EXPENDITURE CATEGORIES Personnel Services / Salaried Employees Description of Work Provide oversight to include strategic planning and visioning, budget oversight and management of contracts. Fringe benefits include: payroll taxes; medical, dental, STD, LTD, AD&D, UI and life insurance; fitness/wellness benefit; retirement. Management and administration of the Co-Responder program. Fringe benefits include: payroll taxes; medical, dental, UI, STD, LTD, AD&D and life insurance; fitness/wellness benefit; retirement. Budget planning, monitoring and invoicing. Fringe benefits include: payroll taxes; medical, dental, UI, STD, LTD, AD&D and life insurance; fitness/wellness benefit; retirement. Staff support, meeting and event setup and breakdown. Fringe benefits include: payroll taxes; medical, dental, UI, STD, LTD, AD&D and life insurance; fitness/wellness benefit; retirement. Personnel Services / Hourly Employees Description of Work Total Personnel Services (including fringe benefits) Contractors / Consultants (payments to third parties or entities) Description of Work MH services provider (August revision: additional peer specialist incl supervision, vehicle lease) Information platform for client and data tracking, and training in the program Page 1 of 2 revised: 02/15/2023 DocuSign Envelope ID: 198AB8CB-0E1D-4970-AB5A-16FC0922F080 EXHIBIT B-2 TBD $ 600.00 1 600.00$ 321,728.00$ Annual Budget Contractor Name Rate Quantity Total Amount Requested from BHA -$ -$ Annual Budget Item Rate Quantity Total Amount Requested from BHA Mileage $ 0.655 500 327.50$ Per diem $ 75.00 2 150.00$ Lodging $ 199.00 2 398.00$ Travel to Co-R Conf $ 1,500.00 8 12,000.00$ 12,876.00$ Annual Budget Item Rate Quantity Total Amount Requested from BHA Cell Phone $ 45.70 12 548.40$ Marketing & Supplies $ 100.00 12 1,200.00$ Training $ 350.00 3 1,050.00$ Direct Client Benefits $ 2,938.00 1 2,938.00$ Co-R Conf Registration $ 450.00 8 3,600.00$ Food $ 100.00 4 400.00$ 9,736.00$ 457,833.00$ 277,124.00$ -$ -$ -$ 277,124.00$ 180,709.00$ Annual Budget Indirect Cost Percentage Total Amount Requested from BHA Drop Down Box 10% De Minimis Rate 10%18,071.00$ 18,071.00$ 475,904.00$ MHFA Training Total Contractors/Consultants Subawards Description of Work TOTAL Request The Parties may mutually agree, in writing, to modify the Budget administratively using an BHA Budget Reallocation form MODIFIED TOTAL DIRECT COSTS (MTDC) Indirect Costs Description of Item Describe what the cost includes and the use of allowance Payroll, human resources, grant administration, grant billings, facility and indirect costs that are not covered under the existing categories or budgets. Total Indirect Total Subawards Travel Description of Item Local and regional meetings and trainings Meals and incidentals Regional meetings and trainings Flights, ground transportation, lodging, meals Total Travel Supplies & Operating Expenses Description of Item Monthly cell phone for Program Manager (PM) PACT swag, general supplies for PM use and meetings Professional development and training for PACT staff and partners Supplies to meet specific client needs Eight PACT team members and LE partners Rent Equipment in excess of $5,000 Other Unallowable Expenses Total Expenses per OMB 2CFR § 200 Total Supplies & Operating Expenses TOTAL DIRECT COSTS (TDC) Exclusions from Indirect Cost Base expenses per OMB 2CFR § 200 Subaward in excess of $25,000 Page 2 of 2 revised: 02/15/2023 DocuSign Envelope ID: 198AB8CB-0E1D-4970-AB5A-16FC0922F080 Exhibit C-2 Contract Amendment Number: 24 IBEH 186732 Page 1 of 5 Exhibit C-2 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 a 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. 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. DocuSign Envelope ID: 198AB8CB-0E1D-4970-AB5A-16FC0922F080 Exhibit C-2 Contract Amendment Number: 24 IBEH 186732 Page 2 of 5 D. 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. E. Licensing and Designation Database Electronic Record System (LADDERS) The Contractor shall use LADDERS (http://www.colorado.gov/ladders) as needed and/or as required by rule to submit applications for BHA licensing and designation, keep current all provider directory details, and submit policies and procedures. 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 be ratified as an amendment to the contract as soon as possible. 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. 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 is sufficiently DocuSign Envelope ID: 198AB8CB-0E1D-4970-AB5A-16FC0922F080 Exhibit C-2 Contract Amendment Number: 24 IBEH 186732 Page 3 of 5 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 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. J. Monitoring Requirements If the Contractor is a subrecipient of federal funds, the Contractor shall comply with monitoring requirements indicated by the Contractor’s risk level determined by the DocuSign Envelope ID: 198AB8CB-0E1D-4970-AB5A-16FC0922F080 Exhibit C-2 Contract Amendment Number: 24 IBEH 186732 Page 4 of 5 subrecipient risk assessment form completed by Contractor, which may include but are not limited to: • Monthly/quarterly monitoring calls • Invoice supporting documentation - e.g., timesheets, logs of travel, or wraparound service costs. • Routine programmatic reports • Technical assistance and training • Site visits 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. B. Contractor shall ensure that its subcontractors perform to the terms of this Contract as set forth in the Contract provisions. C. Any subcontract for services must include, at a minimum, the following: 1. A description of each partner’s participation 2. Responsibilities to the program (policy and/or operational) 3. 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. 4. A copy of this Contract and all its terms and conditions. D. 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_BHAdeliverables@state.co.us within 30 days of subcontract execution. E. BHA reserves the right to require Contractor to renegotiate subcontracts where necessary to adhere to the terms of this Contract. F. 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. Financial Requirements A. Funding Sources DocuSign Envelope ID: 198AB8CB-0E1D-4970-AB5A-16FC0922F080 Exhibit C-2 Contract Amendment Number: 24 IBEH 186732 Page 5 of 5 The Contractor shall identify all funds delivered to subcontractors as state general fund, state cash funds, or federal grant dollars in Exhibit B-2, “Budget.” If federal grant dollars, the Contractor shall communicate the CFDA number to all sub-contractors in their sub-contracts. B. Program Income Program income generated through grant funded programs are additive funding that must be utilized for a consistent purpose as outlined in 2 CFR 200.307(e)(2). If Contractor charges and receives fees for services, or otherwise receives income associated with the sponsored program, this is considered program income and is required to be tracked and managed in accordance with the conditions of the award. C. Budget Reallocations 1. The Contractor may reallocate funds between the budget categories of this contract, up to 20% 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. D. 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. Contractor shall comply with the invoicing instructions contained within the invoice template. 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. DocuSign Envelope ID: 198AB8CB-0E1D-4970-AB5A-16FC0922F080