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HomeMy WebLinkAboutC06-121 CN"P/-Gdj AGREE.\IF:>o!T BETWEEI', EAGLE COl1;\lTY AND NANCY SCHURR Thi.' Agreement ("'the Agreement"), made this 11th day or April, 2006. bchveen Eagle County. Colorado ("Count....") "nd Naney Schurr ("Contractor"), WITh""ESS"TH; Wherea~, County, through its Department of Health and Human Services (""HHS"), works to promotethehealth,safetyaHdWelfareofCoumyrcsidentsofalJage5;and Whereas, am()Hg the services County provides in ()rdcrtopromotc<;u ch health. s.afetyaHd welfare is famiIy planning ser....ices; and Whereas.,thcuseofoU1sideprovlder,of,uch.,ervices.enhaHccs.the ahijj[y of the County to promotcsuchhealth,s.afetyandwelt:.1re;and Whereas, Contract()r is a provider of ,uch s.cJ"Vlees and wishe, t() contract with C()unty to provide such service.' to County rcs.idents. in need thereof. N()w, theref()re, in considenltion of the toregoing preml<;e, and the following promis.e" County and Contrac!Oremer into this Agreement. Article [: SCOPE Contractor shall provide consultation 10 HHS inthe,tart-updcsignandplanningtor implemcntatlon ofa Title X tillnlly planning program. SpedtleaJly the contractor will work collabormiveIy with assigned HHS s.tafrt() develop and implemcnt an action plan that wiJl res.ult in a lilIly compliant and operational ~ommunily family planning dinic by June 30, 2006. The Contractor wilI perform the following Assigned Services: , Provide recommendations to HHS on the physiml rt!quirellWnt.5 lor family planning clinics toas.sure patient privacy and compliance with H1PAA regulations including examinati()nwoms., laboratol}' set-up, 'torageandsecurilyofsuppJies. and phar,naceutical"storageandsafeguardingOfmedicalrccordSbyApril 20,2006 )> Identi1}' major medical equipment needs, re'ear<oh possible vendor,. and make rec()mmendations. to HHS by May 10, 200n. ".. Advis.e HHS On the establi,'hment ofe()mprchensive [mniIy planningpurdlll..ing armngemen's for pharmaceuticals, medie~J s.upplie.,. laboratory and testing service, byi\-layJO.2006. > Rc~ommendprotocol5, policy, and admillistrath'l! procedures for tamlIy planning that"reinacC()rdan~ewithstateandfederaJrcquircments,inclUdingthe e.<;tablishmem ofapntientcharting,ystem by June 10,2006. , As.,ist HHS in obtaining a pharmaq "other outlet" license by completing the apPlicati()nandrcquiredprotoe()Jsandre~ommendpotcntialpharmacycon'ultantsfor the family planning program by June 10,2006. " , , Advise HHS on the dewlopmelll of required community commil/ees such as the Literature Review Comm;Hee and Health Advi.\nry Cnmmitlee hy l\fay 10. 2006_ , Provide Iraining andconmltntion to 111lSstaffa, requested hy the Pub lie Health Managcr throughout the term o[this agreement. .,. Attend quarterly McdPAc Commitlee meetings for Family Planning clinic administrators at the Colorado Department of Public Health and Environment in Denver and report back to HHS. , Complete the activities that are nece,,,,,"y for the succes.,ful an dcornplia.nt implementation of a community family planning clinic by June 30. 2006. The HHS Public Health Manager will be the primary liaison to the Contractor Jo, the initiation anJcompletionofalloflhcas,igncJ,crviccslislcJabove. Contractor shall have no authority to enter into contracts or make hillding commitment., on hehalfofEagle County and agrees not to purport or to make such contracts or commitments or hold herself out as having such authorily. Article II: TERM Thi.\ Agreement .\hall C<"lmmence on April 1.2006 and .hall tenninate <"In August 15,2006 Article lit, COMJ'ENSA'fION A. The County will compensate Contractor for performance of A...igned Services at S45 pet hour. In additioll, Coullly will reimhur", Contraclor fortraveL lodging, and meal expen<;es from Provider'sofficeto attend quarterly J\.ledPAc Committee meeting for Fam i1y Planning clinic administrator:,; at lhe Colorado [kpartmenl of Pub lie Heallh and Environment in Denver at lhe rate 004.5 cents per mile. TIll.' 11lIlXimum ,,",,,unf o.rreimbur~'emellt uIlder thi~' agreement sllallbe $ 10,580. B. If. prior 10 payment of compensation Or reimbursement for services but after suhmis.,ion to CountyofarcquesttherctorbyContractor.Countyreasonablydetenninesthalpaymenla., rcquested would be improperbeeau>c lhe serviees were not performe da'pre.,crihedhythe provisions ofthis Agreement, the County shall have no obligation to make ,ueh p~yment. If at ~ny lime ~Iler or during the T enn Or after terminalion ofthi, Agreement as hereinafter provided or expiration ofthis Agreement, County reasonably determines that any payment lheretofore paid hy County to COlltractor was improper because the .,ervices fur which payment was made were not performed as prescrihed hy the provisions orthis Agreement, then upon wrillen nOlice of such detennillation and reque'l for reimhursement ITom Coullly. Conlractor .hall forthwith return such payment to County. llponterminationofthisAgreementashereinafterprovidedor expiration oflhe Ternl. any unexpended funds advanced hy Coullly 10 COlltractor shall forthwith berelllrnedto COllnty. , , , IV. TER."\IINA nON County may tenninate tbis Agreement at any !im~ and for any reason or no reason upnn wrillen notice to Contmclor specit)ing lhc dale of termination. which dat e shall be nol Icss than ten (0) days from the date of the notice. In the event Contractor tiles for bankruptcy or is declared bankrupt Or dissolves, County may duclare in writing that this Agreem~nt j, tCn11inated, and all right, orCol1tractor and obligation, ofCoul1ty,except tor paymunt 0 faccruedbutunpaidfucs "ndcxpel1ses,shallterminatei!HlHediately. V. CO~TRACTOR'S DlITIES A. All funds received by Contractor undm-lhi, Agreement ,hall be Of have been expended solclytorlhepllrpn'e for which granted, and any funds not so expend ed.incJudingfund,]ostor diverted for other purposes, shall be returned 10 County. B. Conlraclor ,hall maintain. for a minimum of3 year,. adu'luate fmancial and programmatic recordsti.lrreportingtoCountyonperfon1lallceifit,responsibiJitieshercunder. Contraclllrshall be subjuct 10 jin~nui~l uudit by tederal, state or county auditor> or lheir designees. Contraclor authorize, County to pertorm audits or to make inspudion, during normal business hourn. upon 4~ hours notice to Contr~ctor. for th~ pllrpn~~ or evaluating pertonnance und~r this Agreement. Contractorshallcooperalufu]lywithauthorizedHHSrepresenlati.esintheob,ervationand evaluationoftheprogramandrec(lrds,Contra~torshaJlhavetheright III dispute any daim' of mi,use of funds and seek an amicable rc,olution with County. C. In renderillg its ,ervices hereunder. Contraclor shall comply with t hehighe,tslundardsof customur service to the public. Contractorsh~lI provide appropriate supervision ofit,employee, 10 ensure the maintenance otthese high ~landa.rd~ of customer service and prore"ionalism, the performanue of,"eh obligation to be determined at the solcdi,crctio nofCounty. ]ntheevent that County finds these standards of eustomcr ,ervice are not being md by Contractor. County may terminate this Agreemenl. in ,.,..holu or in part, upon ten (]O) d~y, nOliee to the Contractor. D. Contractor shall comply with all applic~ble federal, state and loc~l rule" regulations and laws governing ser\'iee, of the kind provided by ContraclOr undur this Agreement. Contmelor ,hall bu ,oldy rusponsible for ensuring proper Iicen~ing and ~redenti~ling ottho,e providing services under this Agreemunt. E. The County rc'luust, periodic written reports concerning services under this Agrcmnent. Contractor shall providu the County with the deliverables notcd und erArticleLScope. f. Contractor,h~lI safeguard infon1lation and contidentiahty inacuordance with rules Oflhu Colorado Dupartnwnt QflJuman Services and E~gle Cnunty I]ealth and Human Services, and the Health ]nli.lrmmion Pri.acy and Accountability Act. , K. Conlractor ,hall suhmil mmllhly billings toCounly. Billings will b~ paid through th~ County', usual bill paying proc~s.,. Billingsll1ustbesuhmin~dbYlhetjllhworkingdayofthe subsequent month in ord~r to b~ eligible for reimbur'~ment, ~XCCpl that billing, for '~r\'k~s provjd~dthroughJune JO,2006mustb~submitted by July 1.200(,; and billings forscrvice, providedth",ugh))ecemb~rJI,200nmuslbe,uhmittcdbyJanuarY6,2007inordcrmbe eligible forrcimbur>~ll1ent. VI. KOTlCE Anynoti~cre4UircdundcrthisAgreementshallbcgiveninwriliIlgbyregistercdorccrtit1cd ll1aiL return r""eipl requested which,hall be addre.'.'ed as follows: COUNTY, CONTRACTOR: l::agleCounty IJcalth & Human Service., NallcyShuIT P.O. Box 660 (mailing addrc.I.1) 736';,Palmer Avenu~ (551 Bmadway-phy.,icallocalion) Glenwood Springs, CO 8](,01 Eagl~,C081631 Notice shall be dC~med given lhrec (3) days alter lhedal~ ofd~posil in a regular depository "f thcUnited StntesP"'ta1 Service. VTI. ASSIGNMENT Contractorshallnota,signanY"fil'righlsordutiesunderthisAgr~ell1entto a third party without th~ prior wrincn con'~nt nrCollnty. County shalll~rll1inate this Agreement in lhe cv~nt ofany assignment without its prior written conseOl "fCounty. VIII. MODIFICATION Any revisi"n. amendm~nt Or modifkation Oflhi.' Agreement shall be valid only ifin writing and ,igned by all partics. L\':.INSIJRAL~CE At all lime, during the t~ml of this Agreement. Contractor shall maintaio in full torc~ and effC~1 the rollowjngin'uranc~; Tvneofln,lImnee Covera~c Limils Profe"ional Liabilily Illsurancc $ 500,000 p~r occurrence Conlra,tor.,halJpurcha,eandlnainlain,uchin.,uranceasrequiredaboveandshalJprovide c~rtificates ofinSllnl1KC in a fimn acceptable to County upon execution oflhi, Agreem~nt. , X. MISCF.LLANEOUS A. The relationship ofConlractor to County is thalofindcpcndent contractor. r-io agenL employee or volunteer of Contractor shall bc deemed to he an agenl.e mployeeotvolunteerof County. B. In the event of litigation in connection with this AgreemenL the p revailingpartyshallbe enlitled to recover all reasonahle costs incurred, including allorlley tce s. costs, staff time and otherclaimrclatedexpense. C. [nvalidity or unenrorceability or any provision of this Agreement shall not aftect the other provi,ions hereoL and thi,Agreement shall be conslrued as ifsueh i nvalidorllnelltoreeable provi,ion w3S omitted. D. ContraelOr shall indemnity and hold harnlless County, it, Board or Commissioners, and the individual members thereot~ ils agencies, departmenls, ollieers, agents. employee" ,ervants and its sueee~sors from any and all demands, losses, liabilities. claims orjudgments, together with all costsandexpenses,inc!udingbutnotlimiledtoaUomeytee"incidenl thereto which may accrue against, be charged to or be recoverable from Counly, its Board of Commissioners. and the individual members thereof, its agencies, department,. ollieers, agents, employee" ,ervants and its,uccessors,asaresullol'theaetsoromis,ionsofContraetor,it semployeesoragents,inorin part pur,uant to thi,Agreement or arising directly or indirectly 0 ulofContractor'sexereiseofits pnvileges orperrormaneeofits obligations under this Agreement, E. Contraclor shall comply al all times and in all re,peets with all applicahle federal, ,late and locallaw~, resolUlions, and codes. /'. "Iotwithstanding anything to the contrary contained in lhi~ Agreement. County shall have no obligalions under this Agreement aner. nor shall ~ny payments he made lO Contractor in respect or any period after, Deeemher 31 ,l or the calendar year orlhe Term of this Agreement, withoul an appropriation lhererore by County in accordance with a hudgeta dopted by the Board of County Commissioners in compliance with the provisions oL\rticle 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (c'R.S, 29-1-101 ct.seq,) and the TAilOR Amendment (Colorado Conslitution, Article X, Sec. 20). (i. This Agreement shall be governed hy the laws of the State of Colorado. Jurisdiction and venue rorany suil right or cause of action arising under. or in conn eclion with this Agreement shall he exclusive in Eagle COllnty, Colorado, H. This Agrecment supersedes all previous communications, negotiations and/or agreemenls between the respective pnrties hereto. either verbal or written. an d the same not expressly contained herein are her"hy withdrawn and annlllled, This is an integratedagreemenland lhere are nO representations about any of the sllbject matterhereofexcepl asexprcssly scttorth in this Agreement. , L This Agreement d(}es no!. and ,h~lJ not be deemed Or con~trued to, conter upon (}r grant to any third party Or partje~ any right to claim damages or to bring any ~ltit, ~ction (}r other proceeding against eith~r Contr~ct(}r or COllnty because of any breach hereof (}r becau~~ of any orthe temlS, ~o\'~nanb;, agreements and conditions h~rein, ], C(}ntractor ~ertjlles that it has read the Agreement, under~lands ~ach ~nd every lenn and th~ requirements set torth herein. and agrees t() comply with the S~me_ In Witness \\'hereoJ: County and Contractor hav~ exe~ltted this Agreement in triplicate (}n the date set forth above_ Two counterpam have he~n delivered to County and one to Contractor. ,,~,,',' ATIES', ~ ~"'C'co ,.'. ...' i<- N~. .>;J)~ Clerk to the Boa ofCaunly ComrniS$iO)j~r:s::",':', Rj" -'..,'....,," cb'N'tRACTOR' Nan~y Schurr By' e