HomeMy WebLinkAbout2023-24 A Resolution of the Vail Town Council Approving Contract Amendment Number One between the Town of Vail and the Colorado Department of Human Services Behavioral Health AdministrationRESOLUTION NO.24
SERIES OF 2023
A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING
CONTRACT AMENDMENT NUMBER ONE BETWEEN THE TOWN OF
VAIL AND THE COLORADO DEPARTMENT OF HUMAN SERVICES
BEHAVIORAL HEALTH ADMINISTRATION
WHEREAS, the Town and the Colorado Department of Human Services
Behavioral Health Administration (the "CDPH") are currently parties to a contract whereby
the Town receives financial assistance from the State to participate in a Co -Responder
Program;
WHEREAS, Co -Responder Programs identify calls for police service where
behavioral health (mental health andlor substance use) appear to be a relevant factor
and provide effective responses that involve people in crisis and those with behavioral
health needs;
WHEREAS, by creating and fostering partnerships between behavioral health
professionals and law enforcement (may include additional first responder types), this
model aims to deflect individuals from unnecessary criminal legal system involvement
and/or hospitalization, and link them to appropriate and needed services; and
WHEREAS, the Town and the CDPH wish to extend and to update the current
contract subject to the terms of Contract Amendment Number One, attached hereto as
Exhibit A and made a part hereof by this reference (the "Amendment").
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the Amendment in substantially
the same form attached hereto, subject to approval by the Town Attorney. Upon such
approval, the Town Manager is authorized to execute the Amendment on behalf of the
Town.
INTRODUCED, READ, PASSED AND ADOPTED THIS 6t' IIAY OF JUNE, 2023.
n)ai ayor
ATTEST:
Stepha ie Bibbens, Town Clerk
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6112023
DocuSign Envelope ID:5OCF957B-D4CO-4D3D-91E6-3D3064664EOB
CONTRACT AMENDMENT #1
State Agency
Colorado Department of Human Services
Behavioral Health Administration
Contractor
Town of Vail for the use and benefit of
the Vail Police Department
Current Contract Maximum Amount
Initial Term
State Fiscal Year 2023
Extension Terms
State Fiscal Year 2024
Total for All State Fiscal Years
SIGNATURE AND COVER PAGE
Original Contract Number
23 IBEH 174376
Amendment Contract Number
24 IBEH 182564
Contract Performance Beginning Date
July 1, 2022
$300,000.00
Current Contract Expiration Date
$310,000.00 June 30, 2024
$610,000.00
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_authorizi his or her si afore.
CONTRACTOR STATE OF COLORADO
Town of Vail for the use and benefit of Jared Polis, Governor
the Vail Police Department Colorado Department of Human Services
Michelle Barnes, Executive Director
Zs�r'ym�—
By: Russell Forrest, Town Manager
5/26/2023
Date:
Lk"�
.�t, i5avuus
13T Michelle BargMutive Director, Colorado De3artme
Behavioral Health Administration
Date:
5/26/2023
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
uoeusiyn.a by:
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0- .4 ? iffil...se...
By:�
Andrea Eurich I Toni Williamson
5/30/2023
Amendment Effective Date:
Amendment Contract Number: 24 IBEH 182564 Page 1 of 3
Rev. VIVO
DocuSign Envelope ID: 50CF957B-D4CO-1D3D-94B6-3D3064684EOB
I. 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 or July 1, 2023, whichever is later 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 and replace the following exhibits: Exhibit A,
Statement of Work; Exhibit B, Budget, and Exhibit C, Miscellaneous Provisions with the most
current versions for Fiscal Year 2024 contract extension and renewal: Exhibit A-1, Statement of
Work; Exhibit B-1, Budget, and Exhibit C-1, Miscellaneous Provisions.
S. MODIFICATIONS
The Contract and all prior amendments thereto, if any, are modified as follows:
A. The Contract Initial Contract Expiration Date on the Contract's Signature and Cover Page
is hereby deleted and replaced with the Current Contract Expiration Date shown on the
Signature and Cover Page for this Amendment.
B. 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.
C. REPLACE Exhibit A, Statement of Work with Exhibit A-1, Statement of Work, attached
hereto and incorporated herein by reference.
D. ADD Exhibit B-1, Budget, attached hereto and incorporated herein by reference.
Amendment Contract Number: 24 DBEH 182564 Page 2 of 3 Rev 1.1410
DocuSign Envelope ID: 50CF957&D4CO-4D3D-91B6-3D3064684E08
E. REPLACE Exhibit C, Miscellaneous Provisions, with Exhibit C-1, 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 fill force and effect except
as specifically modified in this Amendment. Except for the Special Provisions contained in the
Contract, in the event of any conflict, inconsistency, variance, or contradiction between the
provisions of this Amendment and any of the provisions of the Contract or any prior modification
to the Contract, the provisions of this Amendment shall in all respects supersede, govern, and
control. The provisions of this Amendment shall only supersede, govem, and control over the
Special Provisions contained in the Contract to the extent that this Amendment specifically
modifies those Special Provisions.
Amendment Contract Number: 24 IBEH 182564 Page 3 of 3 Rev. 1/14/19
DocuSign Envelope ID: 50CF857B-D4CO-4D3D-91B6-3D3064664EOB
Exhibit A-1
Exhibit A-1
Statement of Work
Co -Responder Program
Article 1
Purpose and Target Population
1.1 Purpose
Co -Responder Programs ("Program") identify calls for police service where behavioral
health (mental health and/or substance use) appear to be a relevant factor and provide
effective responses that involve people in crisis and those with behavioral health needs. By
creating and fostering partnerships between behavioral health professionals and law
enforcement (may include additional first responder types), this model aims to deflect
individuals from unnecessary criminal legal system involvement and/or hospitalization, and
link them to appropriate and needed services. Behavioral health co -responders shall be
dispatched along with law enforcement or may provide a joint secondary response on these
calls. The behavioral health provider shall offer assessment and crisis intervention services
at the scene, provide referral information to the individual, and provide follow-up, when
necessary. The Contractor shall implement and maintain the Program for its community by
collaborating with key stakeholders to ensure service delivery, training and resource
coordination. The Contractor shall collect data, measure outcomes, and report Program
outcomes to the State to assist in determining the effectiveness of the Program.
1.2. Target Population
Individuals who have been brought to the attention of law enforcement and are experiencing
or appear to be experiencing a behavioral health crisis or who have other behavioral health
needs.
Article 2
Definitions and Acronyms
2.1. "BAA" means Business Associate Agreement
2.2. "BHA" means Behavioral Health Administration
2.3. "CDHS" means Colorado Department of Human Services
2.4. "Critical Incident" means a situation in which death, physical assault and/or serious injuries
are sustained by Program staff or clients that occurs during a Co -Responder intervention or
response
2.5. "HIPAA" means Health Insurance Portability and Accountability Act of 1996
2.6. "RNR" means Risk-Need-Responsivity model
Article 3
Activities and Services
3.1. Start-up Period for New Project Development: The Contractor shall establish all required
Program partnerships and finalize all required contracts needed to begin its Program
Contract Amendment Number: 24 IBEH 182564 Page 1 of 7
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Exhibit A-1
operations within three (3) months from the Contract Performance Beginning Date (the Start -
Up Period). If the Contractor is unable to implement the Program by the end of the Start-up
Period, the Contractor will be placed on a Performance improvement Plan established in
coordination with the Behavioral Health Administration (BHA).
3.2. Revised Work Plan: The Contractor shall provide BHA with an updated Work Plan on at
least an annual basis for review and approval.
3.3. Steering Committee:
a. The Contractor shall develop and maintain a Steering Committee to oversee the
implementation and ongoing development of the Program for the duration of the
Contract term. The Steering Committee shall meet at least biannually to discuss,
problem -solve and/or guide any changes or issues around the implementation and
ongoing development of the Program. The Steering Committee shall include high-
level, decision -making representatives from each of the key local stakeholder
disciplines listed below:
1. Lead law enforcement agency representative;
2. Behavioral health service provider representative;
3. Impacted individual/consumer or family member;
4. Local hospital representative; and
5. Regional Crisis Services Administrative Services Organization
Representative.
b. Contractor shall also include other entities in the Steering Committee that it
determines are integral to the success of the Program, such as prosecutors, jail
administrators, advocacy groups, and harm reduction organizations.
c. The Steering Committee shall be charged with the following:
1. Initial examination of the nature of the problem and help determine the
Program's objectives and design;
2. Consider how the Program relates to other local criminal justice
behavioral health partnerships that may be in place or are in the
process of being established;
3. Support a forum for planning decisions during the implementation
phase and to provide ongoing leadership, problem -solving and design
modifications throughout the life of the Program;
4. Designate appropriate staff to make up a Program Coordination
Group;
5. Identify Program barriers to success and help reduce the impacts of
barriers on the Program (such as identification of facilities as stated in
Section H.4. below); and
6. Develop procedures to ensure that essential information is shared in an
appropriate manner as stated in Section H.6. below.
3.4. Program Coordination Group:
a. The Contractor shall develop and maintain a Program Coordination Group to
guide and support the Program operations. This Group may be the same as the
Contract Amendment Number: 24 IBEH 182564 Page 2 of 7
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Exhibit -1
Steering Committee, if the creation of two separate groups is unrealistic due to
workforce and/or resource limitations. The Program Coordination Group shall:
1. Oversee officer and Program training implementation;
2. Measure the Program's progress toward achieving stated goals;
3. Resolve ongoing challenges to the Program's effectiveness; and
4. Inform agency leaders and other policymakers of Program costs,
developments, and progress.
b. The Contractor shall designate a law enforcement Program Champion within each
partnering law enforcement agency to serve as the agency's representative on the
Program Coordination Group.
3.5. Program/Project Manager: The Contractor shall select a Program/Project Manager
(Manager) and establish the Manager's role, responsibilities, and authority that includes
support of the Steering Committee and the Program Coordination Group. The Contractor
shall communicate via email to BHA any changes to the Manager's contact information
within one business day of change.
3.6. Partnership Agreements: The Contractor shall develop partnership agreements to address
any key challenges inherent in multidisciplinary collaboration. Partnership agreements shall
include a description of how partners collectively identified the need for the project, and
individualized letters of support outlining each partner's level of participation and
commitment in the Program, responsibilities to the Program (policy and/or operational),
resources they will contribute, and processes in collecting and sharing data. The Colorado
Department of Human Services (CDHS) and/or BHA do not, however, direct the Contractor
(or any other party) to, or give the Contractor (or any other party) authority to, negotiate or
enter into any agreements on behalf of CDHS or BHA.
3.7. Data Sharing Agreements: The Contractor shall ensure a data -sharing Business Associates
Agreement is developed and put in place between the partner agencies. The data -sharing
agreement shall ensure that each partner agency complies with the terms of the HIPAA BAA
attached to this Contract.
3.8. Program Policies and Procedures: The Contractor shall develop and maintain Program
policies and procedures, subject to BHA review and approval, including specific policies and
procedures for the following aspects of the Program:
a. Target Population and Eligibility Criteria: The Contractor shall identify the target
population, develop eligibility criteria and develop Program policies to identify
individuals who will be referred to the Program. The Contractor shall ensure that
the referrals include adults at risk for low-level controlled substance -related
offenses and misdemeanor crimes all of whom have been repeatedly involved
with law enforcement. The Contractor may expand eligibility criteria to meet
specific community needs.
b. Call Taker and Dispatcher: The Contractor shall develop policies and procedures
for call takers and dispatchers, including, but not limited to, the call information
call takers shall gather, the manner in which dispatchers will be provided with up-
to-date information on staffing patterns during shifts, and the geographic areas
that identify law enforcement and behavioral health co -responders designated to
respond to calls.
Contract Amendment Number: 24 IBEH 182564 Page 3 of 7
DocuSign Envelope ID: 50CF95713434Co-41331D-91 B6-3D3064684EOB
Exhibit A-1
c. Stabilization. Observation and Disposition: The Contractor shall develop policies
and procedures to help guide co -responder teams (officers and/or behavioral
health co -responders) to resolve an encounter with the least restrictive
environment for the call's circumstances.
d. Transvortation and Custodial Transfer: The Contractor shall develop policies and
procedures to help guide effective and efficient transportation and custodial
transfers. The policies shall at a minimum:
1. Identify facilities that are capable of assuming custodial responsibility,
are available at all times, have personnel qualified to conduct a
behavioral health evaluation, and do not turn away people brought by law
enforcement, without specific reasons.
2. Connect individuals with a friend or family member, a peer support
group, or crisis center, when available and in noncustodial situations in
which the person does not meet the criteria for emergency evaluation and
is not under arrest, but officers or the team determine the individual
would benefit from services and support.
3. Engage the services of the individual's current behavioral health provider
or a crisis team.
e. Critical Incident Policy: Contractor shall develop and maintain a policy for
review of critical incidents (including death, physical assault and/or serious
injuries sustained by Program staff or clients) ("Critical Incidents") that occur
during a Program intervention or response.
f. The Contractor shall submit a draft copy of each of the policies and procedures
required under this Section III (Activities/Services), Paragraph H to BHA for
review and comment, and work with BHA to resolve all comments from BHA
and incorporate corresponding revisions as agreed upon with BHA in the final
policies and procedures.
g. Information Exchange and Confidentiality: The Steering Committee shall develop
procedures to ensure that essential information is shared in an appropriate manner.
Information shall be shared in a way that protects individuals' confidentiality
rights as treatment consumers and constitutional rights as possible defendants.
Individuals with behavioral health disorders who have been in contact with a
behavioral health agency should be offered an opportunity to provide consent in
advance for behavioral health providers to share specified information with law
enforcement authorities if an incident occurs (sometimes called an advance
directive).
3.9. Program Training and Cross -training:
a. State Program Meeting Requirements: The Contractor shall attend an orientation
session (mandatory only during Contractor's first year under the Program),
monthly Program check -in meetings with the BHA manager, and other required
Program meetings and training throughout the term of the Program.
b. Contractor Training: The Contractor shall provide training necessary for
Contractor's Program to include:
1. Officer Training: The Contractor shall provide officer training to improve
officers' responses to people with behavioral health needs and to educate
officers on the Program. The Contractor shall determine the amount of
Contract Amendment Number: 24 IBEH 182564 Page 4 of 7
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Exhibit A-1
training necessary to ensure, at a minimum, that there is a group of
officers sufficient to cover all time shifts and geographic districts.
2. Cross -training: The Contractor shall provide opportunities to behavioral
health personnel and other stakeholders to help improve cross -system
understanding of agencies' roles and responsibilities, law enforcement
issues, Program policies and procedures, information sharing, safety and
other opportunities to see policies translated into action.
3.10. Catchment Area: The Contractor shall define the service and/or catchment area that best
meets the community's needs.
3.11. Individualized Service Provision: The Contractor's Program shall link individuals
referred to or contacted by the Program to community -based behavioral health supports
and services, as appropriate.
3.12. The Non -Displacement of Resources: The Contractor shall ensure the Program
participants do not receive preferential access to scarce resources that would prevent
others in need or on waidists from being served.
3.13. Evidence -Based Practices: The Contractor shall use evidence -based and promising
practices within the screening and service delivery structure, as appropriate, 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.
3.14. Staff Time Tracking and Invoicing: The Contractor shall ensure expenses and staff
time are tracked and invoiced separately for each Program or funding stream.
3.15. Use of Contract Funds: The Contractor may use Contract Funds to support, with the
approval of BHA, items including but not limited to, the following:
a. Program personnel, project management and community engagement
b. Temporary services and treatments necessary to stabilize a participant's condition,
including necessary housing
c. Outreach and direct costs for services
d. Specialized program training
e. Dedicated law enforcement resources, including overtime required for
participation in operational meetings and training
f. Training and technical assistance from experts in the implementation of Co -
Responder Services Programs in other jurisdictions
g. Collecting and maintaining the data necessary for program evaluation
3.16. Subcontractor/Partnership Termination: In the event a partnership with a
subcontractor such as a case management or service 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. The Contractor shall
communicate any subcontractor termination via email to the State within one Business
Day.
3.17. Critical Incident Reporting: If a Critical Incident (including death, physical assault
and/or serious injuries sustained by Program staff or clients) occurs during a Co -
Responder intervention or response, the Contractor shall make the appropriate selection
Contract Amendment Number: 24 IBEH 182564 Page 5 of 7
DocuSlgn Envelope ID: 5OCF957B-D4CO,4D3D-9lB6-3D3O64684EOB
Exhibit A-1
on the BHA data collection form and inform the Manager of Co -Responder Services
within 3 days to determine any additional actions.
Article 4
Deliverables
4.1. Activities noted below shall be emailed by the listed Due Date below to
cdhs bhadeliverablesOdstate.co.us unless otherwise specified.
4.2. Deliverables table
DELIVERABLES
Revised Work Plan
Program Policies and Procedures Document
Submit copy of partnership agreement(s)
I III I 1TU
Due 30 days from Contract Effective Date and
after that annually.
During implementation phase:
1. Draft document due to BHA 90 days
from Contract Effective Date.
2. Final document due to BHA 30 days
from reviewed draft sent from BHA to
Contractor.
Subsequent updates to policies and procedures
due to BHA within 10 days of changes.
Upon execution of partnership agreement(s)
Participate in a monthly progress status meeting with Monthly
the BHA Manager of Co -Responder Services.
Meetings may be in -person or via phone or video
conference.
Monthly Reporting using template provided by BHA,
on current performance outcomes
Submit copy of subcontract(s)
Submit copy of the Steering Committee and Policy
Coordination Group Member Rosters*
*If Steering Committee and Policy Coordination
Group members are the same, note the rationale on
roster.
Monthly - 15 days after the end of the reporting
month.
Upon execution of subcontract(s)
60 days after contract execution and as updated
Contract Amendment Number. 24 IBEH 182564 Page 6 of 7
DocuSign Envelope ID: 50CF957B-D4CO-4D3D-99B6-3D3064684EOB
Exhibit A-1
Article 5
Performance Outcome Measures
5.1. Measure: Number of referrals received and responded to by Program
Outcome Goal: Of the total number of Program referrals, 70% or more will receive a
response.
5.2. Measure: Number of calls that do not result in arrest
Outcome Goal: Of the total number of active Co -Responder calls, 90% or more will not
result in arrest when there is no cause for mandatory arrest (at the discretion of the
officer).
5.3. Measure: Number of interventions, services and resource linkage provided to individuals
contacted by the Program
Outcome Goal: Of the total number of individuals contacted, 70% will receive one or
more intervention, service, or linkage to resources.
Contract Amendment Number: 24 IBEH 182564 Page 7 of 7
DocuSign Envelope ID:50CF957B-D4C0-4D3D-91B6-3D3064664EOB
COLORADO
U R-' Behavioral Health
Administration
BHA Program
Agency Name
Budget Period
Project Name
EXHIBIT B-1, FY24 ANNUAL BUDGET
Co -Responder Program
Vail Police Department
7/l/23-6/30/24
Eagle County Mobile Crisis Co -Response
Program Contact Name, Tit
Phone
Email
Fiscal Contract Name, Titli
Phone
Email
Date Completed
All budeet numbers are estimates. Contract billine will be on a cost reimbursement basis for actus
EXPENDITURE CATEGORIES
Personnel Services 1 Salaried Employees
Position Title
Description of Work
Gross or Annual
Salary
Fringe
Personnel Services 1 Hourly Employees
Position Title
Description of Work
Hourly Wage
Hourly Frii
Total Personnel Services (including
Contractors 1 Consultants (payments to third parties or entities)
Contractor Name
Description of Work
Rate
Your Hope Center
Clinical Director (oversight & supervision of clinicians and program), Co -Response
Clinicians, mileage
$ 25,833.3
Total Contracto
Travel
DocuSign Envelope ID: 50CF957B-D4CO-4D3D-91B6-3D3064684EOB
Indirect Cost
NrA
_ Equipment in
Other Unall.
Total Expenses per O]
MODIFIED TOTAL DIRECT I
Indirect Costs
Description of Item
TOT
4eartiesmayyy mutua y agree, m writmg, to modiiv the Budget administratively using an Hl1A B1
DocuSign Envelope ID: 50CF957B-D4CO4D3D-91B$-3D3064684EOB
Exhibit C-1
Exhibit C-1
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. Renorts 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
Contract Amendment Number: 24 IBEH 182564 Page 1 of 5
DocuSign Envelope ID: 50CE9578-D4CO-4D3D-9186-3D3064684EOB
Exhibit C-1
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.
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
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Exhibit C-1
that normal operations may be resumed.
b. Contractor and BHA will agree in writing when the emergency 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(a-
Istate.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:
h sAhinkculturalhealth.hhs.uovlasset_s_fpdfs/AnlmnlementationChecklistfort
heNationalCLASStandards, Of
1. Prohibition on Mariivana. 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 -
Contract Amendment Number: 24 IBEH 182564 Page 3 of 5
DocuSign Envelope ID: 50CF9578-D4CO-4D3D-91B6-3D3064684EOB
Exhibit C-1
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.
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 edhs—BHAdeliverablesastate.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
1. The Contractor shall identify all funds delivered to subcontractors as state general fund,
state cash funds, or federal grant dollars in Exhibit B-1, "Budget."
2. If a Single Audit is performed in accordance with Section N.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.
Contract Amendment Number: 24 IBEH 182564 Page 4 of 5
DocuSign Envelope ID: 50CF957B-D4CO4D3D-97B6-3D3064684EOB
Exhibit C-1
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
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.
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 BHA_ a tO state.co.w
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.
Contract Amendment Number: 24 IBEH 182564 Page 5 of 5