HomeMy WebLinkAboutC87-134 Health Office of Health Care Services Community Maternity ProgramD
I' 34-22
w m Form"6-AC-02A (R 5/85) DEPARTMENT OR AGENCY NUMB1
2
CONTRACT ROUTING NUMBER
CONTRACT N��b
THIS CONTRACT, made this 1 st _ day of July 198 7 , by and between the
State of Colorado for the use and benefit of the Department of "Health Office of Health are
�s,ri ra¢ f nmmiini t y Mat er-ni ty Program_, (CMP) 421.0 F 11th- Aye-, Denver, Co 80220
hereinafter referred to as the State, and 'Zyagle Co Board of Co Commissioners, Box 86,
hereinafter referred to as the contractor,
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 1 001
G/L Account Number 537$7 , Contract Encumbrance Number C376125 ; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies; and
WHEREAS *3 the University of Colorado Health Sciences Center has been
awarded monies under the provisions of SENATE BILL 218, Fifty -Sixth General
Assembly, 1987, Second Regular Session, to maintain the Community Maternity
Program (CMP) for medically indigent, medically low risk women and their
newborn infants; and,
WHEREAS, the University of Colorado Health Sciences Center has entered
into an agreement with the Colorado Department of Health whereby the Colorado
Department of Health will continue to administer the Community Maternity
Program (CMP); and
WHEREAS, the State has determined that a skilled home nursing visit
program is a necessary component of a Community Maternity Program; and
WHEREAS, the State has determined that the Contractor is capable of
providing a home visit program for CMP patients; and
NOW THEREFORE, it is hereby agreed that for and in consideration of their
mutual promises, hereinafter stated, the parties hereto agree as follows:
1. *4 The Contractor shall provide a program for home visitation for
patients enrolled in the CMP in accordance with the following guidelines:
A. Eligibility shall be determined using the following criteria:
1. The patient must meet the medical criteria for the Low
and High Risk Programs of CMP according to the "Prenatal
Risking Form". (Attached hereto and by this reference made
part hereof as Attachment A.)
2. The patient must be medically indigent and, therefore,
able to pay for only a portion of her maternity care according
to the University of Colorado Health Sciences Center's (UCHSC)
Ability -To -Pay Scale supplied by the State.
3. The patient must not be Medicaid or be Medicaid
eligible. Medicaid eligible patients must apply and be
rejected for Medicaid prior to participating in this Program.
Patients with private insurance with full maternity benefits
are not eligible for the Program. any third party insurance
payments are deductible from the amount to be reimbursed by
the CMP. If the insurance payment is equal to or greater than
the amount to be reimbursed by the CMP, the patient is then
not eligible.
395-5M'"F1014 Page I of 6 pages
*(See instructions en r—erre 4 I?5t j7aze"l
B. The Public Health Nurse/Registered Nurse will assure that all
patients who are discharged less than seventy-two (72) hours after
delivery will have adequate follow-up through a home visit, a visit
to a physician's or Public Health Nurse/Registered Nurse's office
or a health care clinic within 24 hours post-hospital discharge.
The Public Health Nurse/Registered Nurse will also contact each
local participating hospital at least twice weekly to determine who
has delivered.
C. Up to two (2) visits or office visits will be reimbursed
through the CMP when these home visits are made by or to a Public
Health Nurse/Registered Nurse supervised by the Contractor or
provided through subcontracts by the Contractor with a home health
agency. The first visit after delivery must be made in the home.
The other visit may be made in the Public Health Clinic or office.
One home visit is to be made within 24 hours post-hospital
discharge (weekends and holidays included) for early discharge
patients, and the timing of the other visit, if necessary, is to be
at the discretion of the nurse.
D. The home visits shall be provided by a Public. Health
Nurse/Registered Nurse trained in the assessment of mothers and
their newborn infants. The Contractor shall provide
weekend/holiday coverage as needed and assure bilingual/bicultural
services as appropriate.
E. The content and procedure for the home visits shall be in a
manner to be discussed and agreed upon by the State and the
Contractor. Early Discharge of Newborns — Guidelines for Home
Followup (Attached hereto and by this reference made part hereof as
Attachment B) contains guidelines for home followup for the early
discharge of infants. The State provides inservice education
relative to the content of the home visits.
F. For the purpose of this contract, "Home Health Agencies" shall
mean a public agency or private organization which is primarily
engaged in providing skilled nursing and other therapeutic services
under the supervision of a physician or registered professional
nurse. Each home health agency must maintain clinical records on
all patients.
2. It is anticipated that the Contractor will make up to visits
through the term of this contract.
3. In consideration of the provisions of services and reporting as set
forth herein, and upon receipt of signed monthly reimbursement request forms
to be supplied by the State, the State will cause to be paid to the Contractor
S non cF\/FNTY FIVF (1f11 !APC LStJ(1 ttifl rpuTC 0675 0��
a sum not to exceed �, „ �, ���nn{ r
as follows, subject to verification by the State of full and satisfactory
compliance with the terms of this contract:
A. A sum not to exceed FORTY-FIVE DOLLARS AND NO CENTS 045.00
per visit for each woman enrolled and delivered through the CMP:
B. Completion and submission of all monthly reports as required
by the State.
4. Payment pursuant to this contract will be made as earned, in whole
or in part from available State funds encumbered in an amount not to exceed
TWO MILLION SIX HUNDRED FIVE THOUSAND EIGHT HUNDRED SIXTEEN DOLLARS AND NO
CENTS (52.605.816.00) for the purchase of community maternity delivery
services. It is further understood and agreed that the maximum amount Of
State funds available for Fiscal Year 1987-88 for the purchase of community
maternity delivery services is in the amount of TWO MILLION SIX HUNDRED FIVE
THOUSAND EIGHT HUNDRED SIXTEEN DOLLARS AND NO CENTS 02.605.816.00 or such
lesser amount as may be mandated by executive 010-1 or legislative action.
The liability of the State, at any time, shall be limited to the unencumbered
amount remaining in such funds.
Page 2 of 6 Pages
5. Changes in total reimbursement amounts for the above named services
in consideration of increased or decreased levels of utilization in the
original contract shall be made by a mutually signed letter of approval which
shall include the following:
A. ' Identification of Contract by Contract number and number of
affected paragraph;
B. Type of services increased or decreased;
C. Amount of increase or decrease in funding;
D. Amount of increase or decrease in utilization;
E. Effective date of the funding change;
F. Authorized signatures of the State, the Contractor and the
State Controller. It is understood that no change except funding
amounts and resulting changes in utilization shall be made through
the letter of approval.
6. No full-time officer or employee of the State or any firm,
organization, corporation, or partnership which such officer or employee own,
controls, or directs, shall receive funds from the Contractor, directly or
indirectly, in payment for services provided in connection with this contract.
7. This contract is not assignable without the prior, written consent
of the State.
8. The term of this contract is from July 1, 1987, through
June 30, 1988.
Page 3 of 6 Pages
COLORADO DEPARTMENT OF HEALTH - hereinafter, under the General Provisions
referred to as "Health".
GENERAL PROVISIONS
(1) The parties of this contract intend that the relationship between them
contemplated by this contract is that of employer -independent contractor. No
agent, employee or servant of Contractor shall be or shall be deemed to be an
employee, agent or servant of Health. Contractor will be solely -and entirely
responsible for its acts and the acts of its agents, employees, servants and
subcontractors during the performance of this contract.
(2) At all times during the performance of this contract, the Contractor shall
strictly adhere to all applicable federal and state laws that have been or may
hereafter be established.
(3) Contractor authorizes Health to perform audits and to make inspections for
the purpose of evaluating performance under this contract.
(4) Either party shall have the right to terminate this agreement by giving the
other party thirty days notice by registered mail, return receipt requested. If
notice is so given, this agreement shall terminate on the expiration of the
thirty..days, and the liability of the parties hereunder for the further
performance of the terms of this agreement shall thereupon cease, but the parties
shall not be relieved of the duty to perform their obligations up to the date of
termination.
(5) This agreement is intended as the complete integration of all understandings
between the parties. No prior or contemporaneous addition, deletion, or other
amendment hereto shall have any force or effect whatsoever, unless embodied
herein in writing. No subsequent novation, renewal, addition, deletion, or other
amendment hereto shall have any force or effect unless embodied in a written
contract executed and approved pursuant to the State Fiscal Rules.
(6) If this contract involves the expenditure of federal funds, this contract is
contingent upon continued availability of federal funds for payment pursuant to
the terms of this agreement. Contractor also agrees to fulfill the requirements
of Office of Management and Budget Circulars A-87 and A-102 or A-110, whichever
is applicable.
(7) To be considered for payment, billings for reimbursement pursuant to rnis
contract must be received within 60 days after the period for which reimbursement
is being requested and final billings on the contract must be received by the
State Health Department within 60 days after the end of the contract term.
(8) If applicable, Local Match is to be submitted on the monthly reimbursement
statements, in the column provided, as required by the funding source.
(9) If Contractor receives 125,000.00 or more per year in Federal funds b the
aggregate from Health, Contractor agrees to have an annual audit, y
independent certified public accountant, which meets the requirements of Office
of Management and Budget Circular A-128 or Office of Management and Budget
Circular A-110• Attachment F, whichever is applicable. Contractor agrees to
furnish one copy of the audit report to the Health Department Accounting Office
within 30 days of its issuance. Contractor agrees to take appropriate corrective
action within six months of the report's issuance in instances of noncompliance
with Federal laws and regulations. Contractor agrees to permit Health or its
agents to have access to the records and financial statements as necessary, and
further agrees to retain such records and financial statements for a period of
three years after the date of issuance of the audit report. This
contract does not contain Federal funds as of the date it is signed. This
requirement is in addition to any other audit requirements contained in other
paragraphs within this contract.
(10) If applicable, Contractor agrees to not use Federal funds to satisfy Federal
cost sharing and matching requirements unless approved in writing by the
appropriate Federal Agency.
Page 4 of 6 Pages
Rev. 01/13/87
W6712D
(""D
Fbrm.6-AC-02B
CONTROLLER'S APPROVAL
SPECIAL PROVISIONS
1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of
Colorado or such assistant as he may designate. This provision is applicable to any contract involving the pay-
ment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection,
repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public
works for this State, the contractor shall, before entering the performance of any such work included in this con-
tract, duly execute and deliver to and file with the official whose signature appears below for the State, a good
and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-
half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified
corporate surety, conditioned for the due and faithful performance of the contract, and in addition, shall provide
that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, pro-
visions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of
the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specked in the
bond, together with interest at the rate of eight per cent per annum. Unless such bond, when so required, is
executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited,
allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of
Colorado may be accepted in lieu of a bond. This provision is in compliance with 38-26-106 CRS, as
amended.
INDEMNIFICATION
4. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its
employees and agents, against any and all claims, damages, liability and court awards including costs, expenses,
and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcon-
tractors, or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,
as amended, and other applicable law respecting discrimination and unfair employment practices (24-34-402.
CRS 1982 Replacement Vol.), and as required by Executive Order, Equal Opportunity and Affirmative Action,
dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or
sub -contracts.
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of
race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or
age. The contractor will take affirmative action to insure that applicants are employed, and that employees
are treated during employment, without regard to the above mentioned characteristics. Such action shall
include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or
recruitment advertising; lay-offs or terminations; rates of pay or other forms of compensation; and selec-
tion for training, including apprenticeship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the contracting officer setting forth
provisions of this non-discrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to
race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical
handicap, or age.
(3) The contractor will send to each labor union or representative of workers with which he has collective
bargaining agreement or other contract or understanding, notice to be provided by the contracting officer,
advising the labor union or workers' representative of the contractor's committment under the Executive
Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and
relevant Orders of the Governor.
(4) The contractor and labor unions will furnish all information and reports required by Executive Order,
Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of
the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the con-
tracting agency and the office of the Governor or his designee for purposes of investigation to ascertain
compliance with such rules, regulations and orders.
(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in
such labor organization, or expel any such individual from membership in such labor organization or dis-
criminate against any of its members in the full enjoyment of work opportunity, because of race, creed,
color, sex, national origin, or ancestry.
(6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce
the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from
complying with the provisions of this contract or any order issued thereunder; or attempt, either directly or
indirectly, to commit any act defined in this contract to be discriminatory.
395-53-01-1022 page 5 of 6 pages
Revised 11-85
Form 6 -AC -02C
(7) In the event of the contractor's non-compliance with the non-discrimination clauses of this con-
tract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or sus-
pended in whole or in part and the contractor may be declared ineligible for further State contracts in
accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative
Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith, and
such other sanctions as may be imposed and remedies as may be invoked as provided in Executive
Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders
promulgated in accordance therewith, or as otherwise provided by law.
(8) The contractor will include the provisions of paragraph (1) through (8) in every sub -contract and
subcontractor purchase order unless exempted by rules, regulations, or orders issued pursuant to
Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions
will be binding upon each subcontractor or vendor. The contractor will take such action with respect to
any sub -contracting or purchase order as the contracting agency may direct, as a means of enforcing
such provisions, including sanctions for non-compliance; provided, however, that in the event the con-
tractor becomes involved in, or is threatened with, litigation with the subcontractor or vendor as a result
of such direction by the contracting agency, the contractor may request the State of Colorado to enter
into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6 a. Provisions of 8-17-101 & 102, CRS for preference of Colorado labor are applicable to this contract if public
works within the State are undertaken hereunder and are financed in whole or in part by State funds.
b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be
.allowed a preference against a non-resident bidder from a state or foreign country equal to the preference given or
required by the state or foreign country in which the non-resident bidder is a resident. If it is determined by the
officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds
which would otherwise be available or would otherwise be inconsistent with requirements of federal law, this sub-
section shall be suspended, but only to the extend necessary to prevent denial of the moneys or to eliminate the
inconsistency with federal requirements (section 8-19-101 and 102, CRS).
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the
interpretation, execution and enforcement of this contract. Any provision of this contract whether or not incor-
porated herein by reference which provides for arbitration by any extra judicial body or person or which is other-
wise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any
provision incorporated herein by reference which purports to negate this or any other special provision in whole or
in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or other-
wise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of
this contract to the extent that the contract is capable of execution.
8. At all times during the performance of this Contract, the Contractor shall strictly adhere to all applicable
federal and state laws, rules and regulations that have been or may hereafter be established.
9. The signatories hereto aver that they are familiar with 18-8-301, et. seq., (Bribery and Corrupt Influences)
and 18-8-401, et. seq., (Abuse of Public Office), CRS 1978 Replacement Vol., and that no violation of such pro-
visions is present.
10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest what-
soever in the service or property described herein:
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above
written.
Contractor :
Social Secura} Numt+er or Federal LU. Numher
(If Corporation:)
Attest eal}
e
By«
( P
Corpmate Secretary. or Equn 1t` 'rowtucitylCofniv Clerk
ATTORNEY G
a
STATE OF COLORADO
ROY ROMER, GOVERNOR
By
for the
*� UTI 'E DIRECTOR
DEPARTMENT
OF HEALTH
�LLWQ0DAF CO LLER
f By
s�. . iEV1, ELL, 2,
First Aa siatant ttorne,, G77en ,rs"
PROGRAM APPROVAL: ,_( 'i3 / '
page 6 wh.ch a uie la,t ui 6 pages
195 51-01. 1010; Rc.nwI 0'Sr. ,, r�., s. ssk UC
