HomeMy WebLinkAboutC07-327 Basalt School Based Health CenterAGREEMENT BETWEEN EAGLE COUNTY
AND
BASALT SCHOOL BASED HEALTH CENTER
This Agreement ("the Agreement"), made this 30th day of October, 2007, between Eagle
County, Colorado ("County") and Basalt School Based Health Center ("Contractor"),
WITNESSETH:
Whereas, County, through its Department of Health and Human Services ("HHS"), works
to promote the health, safety and welfare of County residents of all ages; and
Whereas, among the services County provides in order to promote such health, safety and
welfare are access to health care services including preventative and acute care; and
Whereas, the use of outside providers of such services enhances the ability of the County to
promote such health, safety and welfare; and
Whereas, Contractor is a provider of such services and wishes to contract with County to
provide such services to County residents in need thereof.
Now, therefore, in consideration of the foregoing premises and the following promises,
County and Contractor enter into this Agreement.
I: SCOPE
Contractor shall provide school based health care clinic services for school -aged children
in the Roaring Fork Valley portion of Eagle County including:
➢ screening, diagnosis, and treatment of children for health, dental, and mental
health services
➢ care and monitoring for identified acute and chronic health concerns
➢ diagnostic tests such as Strep and Flu screens, urinalysis and simple blood tests
➢ preventative health care services such as physicals, injury prevention, nutrition,
and healthy life styles.
II: TERM
This Agreement shall commence on September 1, 2007 and shall terminate on December
31, 2007
III: COMPENSATION
A. Eagle County agrees to provide a grant in the amount of $20,000 for start-up and initial
operating costs of the Basalt School Based Health Center on or about October 18, 2007.
B. If, prior to payment of compensation or reimbursement for services but after
submission to County of a request therefor by Contractor, County reasonably determines
that payment as requested would be improper because the services were not performed as
prescribed by the provisions of this Agreement, the County shall have no obligation to
make such payment. If, at any time after or during the Term or after termination of this
Agreement as hereinafter provided or expiration of this Agreement, County reasonably
determines that any payment theretofore paid by County to Contractor was improper
because the services for which payment was made were not performed as prescribed by the
provisions of this Agreement, then upon written notice of such determination and request
for reimbursement from County, Contractor shall forthwith return such payment to County.
Upon termination of this Agreement as hereinafter provided or expiration of the Term, any
unexpended funds advanced by County to Contractor shall forthwith be returned to County.
IV: PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES
A. The Contractor shall not knowingly employ or contract with an illegal alien to perform
work under the public contract for services; or enter into a contract with a subcontractor that
fails to certify to the contractor that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under the public contract for services.
B. The Contractor shall verify or attempt to verify through participation in the Basic Pilot
Verification program, as administered by the United States Department of Homeland Security,
that the Contractor does not employ any illegal aliens. If the Contractor is not accepted into
the Basic Pilot Verification Program prior to entering into a public contract for services, the
contractor shall apply to participate in the Program every three months until the contractor is
accepted or the public contract for services has been completed, whichever is earlier.
Information on applying for the Basic Pilot Verification Program can be found at:
https://www.vis-dhs.com\employerregistration
C. The Contractor shall not use the Basic Pilot Verification Program procedures to undertake
pre-employment screening of job applicants while the public contract for services is being
performed.
D. If the Contractor obtains actual knowledge that a Subcontractor performing work under the
public contract for services knowingly employs or contracts with an illegal alien, the
Contractor shall be required to:
1. Notify the Subcontractor and the County within three days that the Contractor has
actual knowledge that the Subcontractor is employing or contracting with an illegal
alien; and
2. Terminate the Subcontract with the Subcontractor if within three days of
receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the
Subcontractor does not stop employing or contracting with the illegal alien; except
that the Contractor shall not terminate the contract with the Subcontractor if during
such three days the Subcontractor provides information to establish that the
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Subcontractor has not knowingly employed or contracted with an illegal alien.
3. The Contractor shall comply with any reasonable request by the Department of
Labor and Employment made in the course of an investigation that the department is
undertaking pursuant to its authority.
4. If a Contractor violates these prohibitions, the County may terminate the contract
for a breach of the contract. If the contract is so terminated, the Contractor shall be
liable for actual and consequential damages to the County.
V. TERMINATION
County may terminate this Agreement at any time and for any reason or no reason upon
written notice to Contractor specifying the date of termination, which date shall be not less
than ten (10) days from the date of the notice. In the event Contractor files for bankruptcy
or is declared bankrupt or dissolves, County may declare in writing that this Agreement is
terminated, and all rights of Contractor and obligations of County, except for payment of
accrued but unpaid fees and expenses, shall terminate immediately.
VI. CONTRACTOR'S DUTIES
A. All funds received by Contractor under this Agreement shall be or have been expended
solely for the purpose for which granted, and any funds not so expended, including funds
lost or diverted for other purposes, shall be returned to County.
B. Contractor shall maintain, for a minimum of 3 years, adequate financial and
programmatic records for reporting to County on performance if its responsibilities
hereunder. Contractor shall be subject to financial audit by federal, state or county auditors
or their designees. Contractor authorizes County to perform audits or to make inspections
during normal business hours, upon 48 hours notice to Contractor, for the purpose of
evaluating performance under this Agreement. Contractor shall cooperate fully with
authorized HHS representatives in the observation and evaluation of the program and
records. Contractor shall have the right to dispute any claims of misuse of funds and seek
an amicable resolution with County.
C. In rendering its services hereunder, Contractor shall comply with the highest standards
of customer service to the public. Contractor shall provide appropriate supervision of its
employees to ensure the maintenance of these high standards of customer service and
professionalism, the performance of such obligation to be determined at the sole discretion
of County. In the event that County finds these standards of customer service are not being
met by Contractor, County may terminate this Agreement, in whole or in part, upon ten
(10) days notice to the Contractor.
D. Contractor shall comply with all applicable federal, state and local rules, regulations
and laws governing services of the kind provided by Contractor under this Agreement.
Contractor shall be solely responsible for ensuring proper licensing and credentialing of
those providing services under this Agreement.
E. Contractor shall comply with all federal and state rules, regulations, laws and
requirements concerning restrictions on providing public benefits to persons who are not
lawfully present in the United States. Contractor's work involves the provision of service
or support to applicants for public benefits, and therefore, Contractor must verify the lawful
presence of all applicants prior to utilizing County funds to provide said service or support.
Lawful presence must be verified by 1) requiring production of a Colorado license or ID
card, an ID card issued by the US military or coast guard, or a Native American tribal
document; and 2) requiring the applicant to affirm lawful presence by signing the affidavit
attached as Exhibit A. All copies of the verification affidavit must be certified by the
Contractor has being a true and correct copy of the original document. If the applicant is
under the age of 18, Contractor should request a copy of the applicant's birth certificate, or
should work with the applicant and his/her parents to obtain a copy of the birth certificate.
[NOTE: the proceeding language and affidavit exhibit are not necessary if the contractor's
work solely involves the provision of any of the following services: 1) emergency medical
care; 2) disaster relief; 3) public health immunizations; 4) testing and treatment for
communicable disease; S) provision of in-kind services that do not condition assistance on
the individual's income or resources such as soup kitchens, crisis counseling, etc; 6) short
term shelter; or 7) prenatal care.]
F. The County requests a written report concerning services under this Agreement. This
report shall include the following information based on the ages of the children receiving
services:
➢ the number of children served by type of service and county of residence
➢ the number of children served who were insured, uninsured, or Medicaid
eligible
➢ the types of chronic and acute conditions noted as prevalent in elementary,
middle and high school students
➢ the nature, number and participants in health prevention activities (children and
parents) including but not limited to tobacco use, alcohol use, use of other
drugs, pregnancy prevention, prevention of sexually transmitted disease, suicide
and depression, oral health, and injury prevention.
➢ a fiscal report including all expenditures, in-kind services, parent fees, and
insurance/Medicaid fees for service.
➢ a projection of needs that the Basalt School Based Health Center was not able to
meet because of capacity issues, community health care access issues, or
barriers in reaching special populations, including non-English speaking
students and families.
G. Contractor shall comply with the requirements of the Civil Rights Act of 1964 and Section
504, Rehabilitation Act of 1973, concerning discrimination on the basis of race, color, sex, age,
religion, political beliefs, national origin, or handicap.
H. Contractor shall assure that the service described herein is provided to the County at a cost not
greater than that charged to other persons in the same community.
I. Contractor shall safeguard information and confidentiality of the child and the child's family in
accordance with rules of the Colorado Department of Human Services and Eagle County Health
and Human Services, and the Health Information Privacy and Accountability Act.
J. Contractor shall notify HHS immediately of all reports of suspected child abuse or neglect
involving Contractor, including, but not limited to, employees, volunteers and clients. HHS
contractors are considered to be mandatory reporters for suspected child abuse and neglect and
are to make those reports directly to HHS Youth and Family Services Division -
(970) 328-8840.
K. Contractor shall participate in an annual training provided by County regarding program
requirements and eligibility; child abuse and neglect reporting; and, financial and program
reporting to County.
VII. NOTICE
Any notice required under this Agreement shall be given in writing by registered or certified
mail; return receipt requested which shall be addressed as follows:
COUNTY:
Eagle County Health & Human Services
P. O. Box 660
Eagle, CO 81631
CONTRACTOR:
Basalt School Based Health Center
P.O. Box 2015
Basalt, CO 81621
Notice shall be deemed given three (3) days after the date of deposit in a regular depository of the
United States Postal Service.
VIII. ASSIGNMENT
Contractor shall not assign any of its rights or duties under this Agreement to a third party
without the prior written consent of County. County shall terminate this Agreement in the event
of any assignment without its prior written consent of County.
IX. MODIFICATION
Any revision, amendment or modification of this Agreement shall be valid only if in writing and
signed by all parties.
X. INSURANCE
At all times during the term of this Agreement, Contractor shall maintain in full force and effect
the following insurance:
Tyne of Insurance
Workers' Compensation
Employers Liability, including occupational
Disease
Comprehensive General Liability, including
broad form property damage
Professional Liability Insurance
Coverage Limits
Statutory
$500,000
$150,000 per person and
$600,000 per occurrence or as specified
in the Colorado Governmental
Immunity Act, whichever is greater.
$ 500,000 per occurrence
Contractor shall purchase and maintain such insurance as required above and shall provide
certificates of insurance in a form acceptable to County upon execution of this Agreement.
XI. MISCELLANEOUS
A. The relationship of Contractor to County is that of independent contractor. No agent,
employee or volunteer of Contractor shall be deemed to be an agent, employee or volunteer of
County.
B. In the event of litigation in connection with this Agreement, the prevailing party shall be
entitled to recover all reasonable costs incurred, including attorney fees, costs, staff time and
other claim related expense.
C. Invalidity or unenforceability of any provision of this Agreement shall not affect the other
provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable
provision was omitted.
D. Contractor shall indemnify and hold harmless County, its Board of Commissioners, and the
individual members thereof, its agencies, departments, officers, agents, employees, servants and
its successors from any and all demands, losses, liabilities, claims or judgments, together with all
costs and expenses, including but not limited to attorney fees, incident thereto which may accrue
against, be charged to or be recoverable from County, its Board of Commissioners, and the
individual members thereof, its agencies, departments, officers, agents, employees, servants and
its successors, as a result of the acts or omissions of Contractor, its employees or agents, in or in
part pursuant to this Agreement or arising directly or indirectly out of Contractor's exercise of its
privileges or performance of its obligations under this Agreement.
E. Contractor shall comply at all times and in all respects with all applicable federal, state and
local laws, resolutions, and codes.
F. Notwithstanding anything to the contrary contained in this Agreement, County shall have no
obligations under this Agreement after, nor shall any payments be made to Contractor in respect
of any period after, December 31 st of the calendar year of the Term of this Agreement, without
an appropriation therefore by County in accordance with a budget adopted by the Board of
County Commissioners in compliance with the provisions of Article 25, Title 30 of the Colorado
Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et.seq.) and the TABOR
Amendment (Colorado Constitution, Article X, Sec. 20).
G. This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and
venue for any suit, right or cause of action arising under, or in connection with this Agreement
shall be exclusive in Eagle County, Colorado.
H. This Agreement supersedes all previous communications, negotiations and/or agreements
between the respective parties hereto, either verbal or written, and the same not expressly
contained herein are hereby withdrawn and annulled. This is an integrated agreement and there
are no representations about any of the subject matter hereof except as expressly set forth in this
Agreement.
I. This Agreement does not, and shall not be deemed or construed to, confer upon or grant to any
third parry or parties any right to claim damages or to bring any suit, action or other proceeding
against either Contractor or County because of any breach hereof or because of any of the terms,
covenants, agreements and conditions herein.
J. Contractor certifies that it has read the Agreement, understands each and every term and the
requirements set forth herein, and agrees to comply with the same.
In Witness Whereof, County and Contractor have executed this Agreement in triplicate on the
date set forth above. Two counterparts have been delivered to County and one to Contractor.
COYPF EAGLE, STATE OF COLORADO
By nd gr gh its Board of County Commissioners
Menconi, Chairman
ATTEST: VActF�
•e
Clerk to the Bodrd of County Com
TOR: Basalt School Based Health Center
IVe-Jw
Exhibit A
I, , swear or affirm under the penalty of perjury under the laws of
the State of Colorado that (check one):
I am a United States Citizen
I am a Permanent Resident of the United States, or
I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I have applied for a public
benefit. I understand that state law requires me to provide proof that I am lawfully present in the
United States prior to receipt of this public benefit. I further acknowledge that making a false,
fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the
criminal laws of Colorado as perjury in the second degree under Colorado Revised Statute § 18-8-
503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently
received.
Signature
Date