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HomeMy WebLinkAboutC09-382 Inmate Health Care Services AGREEMENT FOR INMATE HEALTH CARE SERVICES IN EAGLE COUNTY, COLORADO Effective September 1, 2009 throu~h December 31, 2009 This Agreement for Inmate Health Services (hereinafter, the "AGREEMENT") entered into by and between the County of Eagle, a political subdivision of the State of Colorado, (hereinafter, the "COLTNTY") acting by and through its duly elected Board of COLJNTY Commissioners, (hereinafter the "BOARD"), and Correctional Healthcare Management, Inc., (hereinafter, "CHM") a Colorado corporation. RECITALS WHEREAS, pursuant to the terms of C.R.S. § 30-10-511, the duly elected Sheriff (hereinafter the "SHERIFF") is the custodian of the Eagle County Detention Center in 0885 East Chambers Ave., Eagle, Colorado 81631 (hereinafter, "JAIL") and all of the inmates and detainees therein; and WHEREAS, the objective of the SHERIFF is to provide for the delivery of quality health care to the INMATES and DETAINEES of the JAIL (hereinafter, "JAIL POPULATION"), in accordance with applicable law; and WHEREAS, CHM is in the business of administering correctional health care services and desires to administer such services on behalf of the SHERIFF to the JAIL POPULATION under the terms and conditions hereof. NOW THEREFORE, in consideration of the covenants and promises hereinafter made, the parties hereto agree as follows: DEFINITIONS INITIAL CONTRACT PERIOD - The initial four (4) month period from September 1, 2009 through December 31, 2009. CONTRACT YEAR - Any successive, twelve (12) month period during which CHM and COUNTY enter into or renew this AGREEMENT.. COUNTY INMATES/DETAINEES - An INMATE/DETAINEE held under the jurisdiction of the COUNTY or SHERIFF. COLJNTY INIVIATES/DETAINEES may be housed in the JAIL or in another jurisdiction's correctional facility. However, COUNTY INIVIATES/DETAINEES housed in another jurisdiction are not covered by the provisions of this AGREEMENT unless CHM administers health care services at the other jurisdiction's facility and is specifically set forth below. COVERED PERSONS - An INMATE/DETAINEE of the JAIL who is: (1) part of the JAIL's MADP; and (2) FIT FOR CONFINEMENT; and (3)(a) incarcerated in the JAIL; or (b) on work release status and is indigent. NOTE: COVERED PERSONS include OUT-OF- ~,~1~- 3 g~-' COLTNTY INMATES/DETAINEES for purposes of delivery of basic health care services, however, the cost of certain services provided to OUT-OF-COLTNTY 1NMATES/DETAINEES are born by the COLJNTY as set forth in Section 5.0. DETAINEE - An adult or juvenile individual whose sentence has not yet been adjudicated and is held as a pre-trial detainee or other individual held in lawful custody. FIT FOR CONFINEMENT - A determination made by an CHM authorized physician and/or health-trained JAIL staff that an INMATE/DETAINEE is medically stable and has been medically cleared for acceptance into the JAIL. Such determination shall only be made after resolution of any injury or illness requiring immediate transportation and treatment at a hospital or similar facility. HEALTH CARE STAFF - Medical, mental health and support staff provided by CHM. CHM CHIEF MEDICAL OFFICER - CHM's Chief physician who is vested with certain decision making duties under this AGREEMENT. INMATE - An adult or juvenile individual who is being incarcerated for the term of their adjudicated sentence. MONTHLY AVERAGE DAILY POPULATION (MADP) - The average number of INIVIATES/DETAINEES housed in the JAIL on a daily basis for the period of one month. The MADP shall include, but separately list, OUT-OF-COUNTY INMATES/DETAINEES. The MADP shall be figured by summing the daily population for the JAIL and OUT-OF-COLJNTY INMATES/DETAINEES (as determined by a count performed at the same time each day) for each day of the month and dividing this sum by the total number of days in the month. JAIL records shall be made available to CHM upon request to verify the MADP. Persons on work release and not indigent, home confinement, housed outside of the JAIL, and parolees and escapees shall not be considered part of the JAIL's MADP. NCCHC - The National Commission on Correctional Health Care. OUT-OF-COUNTY INMATE/DETAINEE - An INMATE/DETAINEE under the jurisdiction of another county, state or federal agency, who is being housed in the JAIL. SPECIALTY SERVICES - Medical services that require physicians to be licensed in a specialty such as obstetrics, gynecology, or dermatology or any other specialized field of medicine. ARTICLE I HEALTH CARE SERVICES 1.0 SCOPE OF SERVICES. CHM shall administer health care services and related administrative services at the JAIL according to the terms and provisions of the Eagle County Adult Facilities Colorado/CHM Agreement Page 2 of 24 AGREEMENT. CHM will provide utilization management, extend all provider discounts to the COLJNTY and pay these expenses on behalf of the COLJNTY. The costs of the various health care services shall be born by CHM or the COUNTY as set forth in this Article. 1.1 GENERAL HEALTH CARE SERVICES. CHM will arrange and bear the cost of the following health care services: 1.1.1 HEALTH ASSESSMENT. A health assessment of a COVERED PERSON shall be performed as soon as possible, but no later than fourteen (14) calendar days after the INMATE/DETAINEE's arrival at the JAIL. The health assessment shall follow current NCCHC guidelines. 1.1.2 SCHEDULED SICK CALL. A qualified healthcare professional shall conduct sick calls for COVERED PERSONS on a timely basis and in a clinical setting. A physician or physician extender will be available to see COVERED PERSONS at least once per week. 1.2 AMBULANCE SERVICE. CHM shall arrange and bear the cost of emergency ambulance services for COVERED PERSONS. Costs for such services shall be included in the CAP AMOLTNT listed in Section 1.19. 1.3 BODY CAVITY SEARCHES/COLLECTION OF PHYSICAL EVIDENCE. CHM HEALTH CARE STAFF will not perform body cavity searches, nor collect physical evidence (blood, hair, semen, saliva, etc.), except within guidelines established by the NCCHG If CHM HEALTH CARE STAFF collect physical evidence, the COUNTY shall be responsible for arranging any testing and bear the cost of collection and testing the collected evidence. After collecting evidence, CHM HEALTH CARE STAFF shall turn the specimen over to the SHERIFF or a court-designated representative for completion of chain-of-custody evidence. 1.4 DENTAL. CHM shall arrange and bear the cost of oral screening (as defined by NCCHC guidelines) of all COVERED PERSONS. CHM shall arrange and bear the cost of dental services for COVERED PERSONS only if CHM's CHIEF MEDICAL OFFICER determines that such care is medically necessary. If the dental services cannot be rendered on-site, CHM shall arrange and bear the cost of off-site dental services. Costs for such services shall be included in the CAP AMOUNT listed in Section 1.19. 1.5 ELECTIVE MEDICAL CARE - NOT COVERED. CHM shall not be responsible for the provision or cost of any elective care. In the event a member of the JAIL POPULATION requires elective care, the INMATE/DETAINEE or COUNTY shall be responsible for all costs. Elective medical care shall be defined as care which, if not provided, would not, in the sole opinion of CHM's CHIEF MEDICAL OFFICER, cause the INMATE/DETAINEE' S health to Eagle County Adult Facilities Colorado/CHM Agreement Page 3 of 24 deteriorate or cause harm to the INMATE/DETAINEE'S well being. Decisions concerning elective medical care shall be consistent with the applicable American Medical Association (AMA) Standards. 1.6 HOSPITALIZATION. CHM will arrange and bear the cost of hospitalization for a COVERED PERSON who, in the opinion of the treating physician and/or CHM's CHIEF MEDICAL OFFICER, requires hospitalization. Costs for such services shall be included in the CAP AMOLTNT listed in Section 1.19. 1.7 LONG TERM CARE - NOT COVERED. CHM shall not be responsible for the provision or cost of any long term care facility services. In the event that a member of the JAIL POPULATION requires skilled care, custodial care or other services of a long term care facility, the COLTNTY shall bear the cost. 1.8 MEDICAL EQUIPMENT OVER $100. In the event that the Parties mutually agree that medical equipment in excess of $100 per unit cost is required to assist in providing health care services to COVERED PERSONS under this AGREEMENT, the COLTNTY shall bear the cost of such equipment. 1.9 MEDICAL SUPPLIES/EQUIPMENT OF $100 OR LESS. CHM shall provide and bear the cost of inedical supplies (i.e. alcohol prep pads, syringes, etc.) and equipment (i.e. thermometers, scales, etc.) required to administer the terms of the AGREEMENT, which have a unit cost of $100 or less, but does not include office and paper supplies. 1.10 MEDICAL WASTE. CHM shall arrange and bear the cost of removing and properly disposing of inedical waste material generated while fulfilling its duties under this AGREEMENT in accordance with all applicable state laws and OSHA- regulated standards. l.l l MENTAL HEALTH - NOT COVERED. CHM shall not be responsible for the provision or cost of any mental health services. The COLJNTY shall be responsible for the provision or cost of inental health services for the JAIL POPULATION. 1.12 OFFICE SUPPLIES. CHM shall be responsible for providing office supplies such as books, medical record folders, and forms as required for the administrative operations of the medical unit. 1.13 OFFICE EQUIPMENT - NOT COVERED. CHM shall not be responsible for the provision or cost of any office equipment. The COLINTY shall be responsible for providing office equipment, such as copier, fax and phone service required for the administrative operation of the medical unit. Eagle County Adult Facilities Colorado/CHM Agreement Page 4 of 24 ~ 1.14 PATHOLOGY/RADIOLOGY SERVICES. CHM shall arrange and bear the cost of all pathology and radiology services (also referred to as laboratory and x-ray services) for COVERED PERSONS. CHM shall arrange on-site pathology and radiology services to the extent reasonably possible. To the extent pathology and radiology services are required and cannot be rendered on-site, CHM shall make appropriate off-site arrangements for rendering such care. CHM will arrange and coordinate with the SHERIFF's office the transportation for the provisions of such services off-site. Costs for such services shall be included in the CAP AMOLJNT listed in Section 1.19. 1.15 PHARMACY SERVICES. CHM shall provide monitoring of pharmacy usage as well as a Preferred Medication List. Except as provided below, CHM shall bear the cost of all prescription medications prescribed and non-prescription over-the- counter medications approved by a duly licensed CHM physician for a COVERED PERSON. EXCEPTION: CHM shall only bear the cost of CHM physician approved non-prescription over-the-counter medication issued to OUT- OF-COUNTY INMATES/DETAINEES and the COLTNTY shall bear the cost of all prescription medications issued to OUT-OF-COUNTY INMATES/DETAINEES. 1.15.1 GENERAL. Prescribing, dispensing, and administering of inedication shall comply with all State and Federal laws and regulations and all medications shall be dispensed under the supervision of a duly authorized, appropriately licensed or certified health care provider. 1.15.2 LIMITS. CHM shall bear the cost of prescription medication related to the treatment of Acquired Immune Deficiency Syndrome ("AIDS"), Human Immuno-deficiency Virus ("HIV"), Hepatitis C, and Biologicals up to Four Hundred Dollars ($400.00) in the aggregate for the INITIAL CONTRACT PERIOD, and One Thousand Two Hundred Dollars ($1,200.00) per CONTRACT YEAR in the aggregate, to be pro-rated for any partial CONTRACT YEARS. Medications related to the treatment of AIDS, HIV, and Hepatitis C; and Biologicals shall be defined in accordance with the Physician's Desk Reference. When the aggregate amount in this paragraph is reached, CHM will continue to provide utilization management, extend all provider discounts to the COLTNTY and pay these expenses on behalf of the COiJNTY, as long as the COUNTY remains current with payments due under this AGREEMENT. Amounts paid by CHM which are over the aggregate amount in this paragraph will be periodically reconciled with the COLTNTY pursuant to paragraph 8.1. 1.15.3 PSYCHOTROPIC MEDICATIONS. In the event that any psychotropic medications are required for any member of the JAIL POPULATION, the costs for such services shall be included in the CAP AMOLTNT listed in Section 1.19. Eagle County Adult Facilities Colorado/CHM Agreement Page 5 of 24 1.16 PREGNANT COVERED PERSONS. CHM shall arrange and bear the cost of health care services for any pregnant COVERED PERSON in accordance with NCCHC standards and this AGREEMENT, but CHM shall not arrange or bear the cost of any health care services for infants. 1.17 SPECIALTY SERVICES. In the event it is determined that a COVERED PERSON requires SPECIALTY SERVICES, CHM shall arrange and bear the cost of such services. CHM's authorized physician will make such determination and refer COVERED PERSONS for SPECIALTY SERVICES when, in the physician's professional opinion, it is deemed medically necessary. CHM's authorized personnel will make a recommendation and obtain approval from the SHERIFF's office for SPECIALTY SERVICES prior to making arrangements for such services. CHM shall arrange on-site SPECIALTY SERVICES to the extent reasonably possible. To the extent SPECIALTY SERVICES are required and cannot be rendered on-site, CHM shall make appropriate off-site arrangements for rendering such care. In the event that SPECIALTY SERVICES are rendered off- site but do not require hospitalization, CHM will arrange and bear the cost only if the CHM CHIEF MEDICAL OFFICER approves such SPECIALTY SERVICES. Costs for such off-site services shall be included in the CAP AMOUNT listed in Section 1.19. 1.18 VISION CARE - NOT COVERED. CHM shall not be responsible for the provision of eyeglasses or any other vision services other than care for eye injuries or diseases. In the event that any COVERED PERSON requires vision services, other than care for eye injuries or diseases, including an ophthalmologist's services, the COLJNTY shall bear the cost of such vision or eye care services. CMH will bear the cost of services for treatment of eye injuries or diseases of the eye. 1.19 FINANCIAL LIMITATIONS. CHM's maximum liability for costs associated with the provision of off-site medical or other healthcare services listed in paragraphs 1.2, 1.4, 1.6, 1.14, 1.15.3 and 1.17 shall be Eight Thousand Three Hundred and Thirty-Three Dollars ($8,333.00) in the aggregate for the INITIAL CONTRACT PERIOD, and Twenty-Five Thousand Dollars ($25,000.00) in the aggregate per CONTRACT YEAR, to be pro-rated for any partial contract years (the "CAP AMOLTNT"). Costs for any medical or other health services, as set forth above, which are provided to INMATES/DETAINEES during the CONTRACT YEAR which are in excess of the CAP AMOUNT shall be the responsibility of the COUNTY. When the CAP AMOLINT for the CONTRACT YEAR is reached, CHM will continue to provide utilization management, extend all provider discounts to the COiJNTY and pay these expenses on behalf of the COLJNTY, as long as the COUNTY remains current with payments due under this AGREEMENT. Amounts paid by CHM which are over the CAP AMOUNT will be periodically reconciled with the COLTNTY pursuant to paragraph 8.1. Eagle County Adult Facilities Colorado/CHM Agreement Page 6 of 24 1.19.1 COLTNTY REBATE. Should the costs associated with the provision of healthcare services listed above not exceed the CAP AMOLTNT, CHM shall reimburse the COLTNTY at a rate of Seventy-Five Percent (75%) of the difference between the actual cost to CHM for these services and the CAP AMOLTNT. This rebate shall be applied as a credit toward any other reconciliation amounts due to CHM under this AGREEMENT and if no such reconciliation amounts are due to CHM, the rebate shall be in full paid to COLJNTY within a reasonable time after the end of the INITIAL CONTRACT PERIOD or CONTRACT YEAR. ARTICLE II HEALTH CARE STAFF 2.0 STAFFING HOURS. CHM shall provide HEALTH CARE STAFF necessary to render the health care services contemplated in Article I as set forth below: 2.0.1 A total of 20 hours per week of Medical Records Clerk services to be assigned by CHM. 2.0.2 A total of 27 hours per week of Licensed Practical Nurse or Certified Medical Assistant or Emergency Medical Technician services to be assigned by CHM. 2.0.3 A total of 30 hours per week of Registered Nurse services to be assigned by CHM. 2.0.4 Up to 3 hours per week of Physician or Physician Extender services to be assigned by CHM. 2.0.5 Additional hours may be provided if mutually agreed upon by both parties in writing, with at least 24 hours advanced notice. Rates for such additional hours shall usual and customary, and consistent with the average rate for similar services in Colorado. 2.0.6 CHM shall provide an on-call physician andlor nurse 24 hours per day and 7 days per week. 2.0.7 Said hours may be re-allocated and subject to change as determined by mutual agreement of the SHERIFF and CHM, but shall in all respects be consistent with the medical recommendations of CHM's licensed physician. 2.1 STAFFING LEVELS WAIVER. Based on actual staffing needs as affected by medical emergencies, riots, increased or decreased INMATE/DETAINEE population, and other unforeseen circumstances, certain increases or decreases in staffing requirements may be agreed upon by the SHERIFF and CHM. Eagle County Adult Facilities Colorado/CHM Agreement Page 7 of 24 2.2 STAFFING CHANGES. CHM shall not change members of the HEALTH CARE STAFF without prior notice to and approval by the SHERIFF, which approval shall not be unreasonably withheld. 2.3 STAFF SCREENING. The SHERIFF, or designee shall screen CHM's proposed HEALTH CARE STAFF, employees, agents and/or subcontractors providing services at the JAIL to ensure they do not constitute a security risk. The SHERIFF shall have final approval of CHM's HEALTH CARE STAFF, employees, agents and/or subcontractors in regards to security/background clearance. 2.4 SATISFACTION WITH HEALTH CARE STAFF. In recognition of the sensitive nature of correctional facility operations, if the SHERIFF becomes dissatisfied with any member of the HEALTH CARE STAFF, the SHERIFF shall provide CHM written notice of such dissatisfaction and the reasons therefore. Following receipt of such notice, CHM shall use commercially reasonable efforts to resolve the dissatisfaction. If the problem is not resolved to the satisfaction of the SHERIFF within ten (10) business days following CHM's receipt of the notice, CHM shall remove the individual from providing services at the JAIL within a reasonable time frame considering the effects of such removal on CHM's ability to deliver health care services and recruitment/hiring of an acceptable replacement. The SHERIFF reserves the right to revoke the security clearance of any HEALTH CARE STAFF at any time. ARTICLE III ADMINISTRATIVE SERVICES 3.0 HEALTH AND MENTAL HEALTH EDUCATION AND TRAINING. CHM shall conduct an ongoing health and mental health education and training program for the SHERIFF'S Deputies and Jailers in accordance with the needs mutually established by the SHERIFF and CHM. 3.1 QUARTERLY REPORTS. CHM shall submit quarterly health care reports to the SHERIFF, or designee, concerning the overall operation of the health care services program rendered pursuant to this AGREEMENT and the general health of the JAIL POPULATION. 3.2 QUARTERLY MEETINGS. CHM shall meet quarterly, or as soon thereafter as possible, with the SHERIFF, or designee, concerning health care services within the JAIL and any proposed changes in health-related procedures or other matters, which both parties deem necessary. 3.3 MEDICAL RECORDS MANAGEMENT. CHM shall provide the following medical records management services: Eagle County Adult Facilities Colorado/CHM Agreement Page 8 of 24 3.3.1 MEDICAL RECORDS. CHM shall maintain, cause ar require the maintenance of complete and accurate medical records for COVERED PERSONS who have received health care services, but all such records shall remain the property of the SHERIFF's Office. Medical records shall be kept separate from COVERED PERSON'S confinement records. A complete copy of the individual medical record shall be available to accompany each COVERED PERSON who is transferred from the JAIL to another location for off-site services or transferred to another institution. CHM will keep medical records confidential and shall not release any information contained in any medical record except as required by published JAIL policies, by a court order or by applicable law. Upon termination of this AGREEMENT, all medical records shall be delivered to and remain with the SHERIFF, as property of the SHERIFF's office. 3.3.2 COMPLIANCE WITH LAWS. Each medical record shall be maintained in accordance with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), and any other applicable state or federal privacy statute or regulation. 3.3.3 RECORDS AVAILABILITY. CHM shall make available to the SHERIFF or COUNTY, unless otherwise specifically prohibited, at the SHERIFF's or COUNTY's request, all records, documents and other papers relating to the direct delivery of health care services to the JAIL POPULATION hereunder. 3.3.4 NCCHC ACCREDITATION. CHM shall assist COLJNTY in meeting the requirements for continued accreditation by NCCHC. COUNTY shall be responsible for the cost of any accreditation fees charged by NCCHC. ARTICLE IV PERSONS COVERED UNDER THIS AGREEMENT 4.0 GENERAL. Except as otherwise provided in this AGREEMENT, CHM shall only be required to arrange for services under this AGREEMENT to be provided to COVERED PERSONS. 4.1 EMERGENCY MEDICAL CARE FOR JAIL EMPLOYEES AND VISITORS. CHM shall arrange for on-site first response emergency medical care as required for JAIL employees, contractors and visitors to the JAIL. The medical treatment shall be limited to the extent reasonably necessary to stabilize and facilitate the individual's referral to a medical facility or personal physician. 4.2 RELEASE FROM CUSTODY. The COUNTY acknowledges and agrees that CHM is responsible for the payment of costs associated with services rendered to Eagle County Adult Facilities Colorado/CHM Agreement Page 9 of 24 COVERED PERSONS as set forth in this AGREEMENT only when such persons remain in the custody of, or under the jurisdiction of, the JAIL. In no event shall CHM be responsible for payment of any costs associated with any services rendered to any individua] when said individual is released from the custody of, or no longer under the jurisdiction of, the JAIL including, but not limited to, releasees, parolees and escapees. Furthermore, in no event shall CHM be responsible for payment of costs associated with any medical services rendered to a COVERED PERSON when said COVERED PERSON is injured outside the JAIL facility during transport to or from the JAIL. ARTICLE V PERSONS NOT COVERED OR PARTIALLY COVERED UNDER THIS AGREEMENT 5.0 OUT-OF-COLINTY INMATES/DETAINEES. CHM shall only be responsible for arranging health assessments, sick call, over-the counter medications, medical supplies and medical waste services for OUT-OF-COLINTY INMATES/DETAINEES. The cost of all prescription medication and all other health care expenses shall be paid by the COLJNTY, including those services listed in Article I of this AGREEMENT and all other medically-related expenses associated with OUT-OF-COLJNTY INMATES/DETAINEES. 5.1 COLTNTY INMATES/DETAINEES HOUSED 1N OTHER JURISDICTIONS OR OUTSIDE THE JAIL. CHM shall not be responsible for arranging the medical care or treatment for COLTNTY INMATES/DETAINEES housed in other counties or jurisdictions. The COiJNTY or SHERIFF or other agency with legal responsibility for the medical care of such persons shall be responsible for all medical expenses associated with the care and treatment of COUNTY INMATES/DETAINEES removed from the JAIL, including, but not limited to the services listed in Article I of this AGREEMENT and any other health care related expenses associated with said INMATES/DETAINEES, unless the INMATE/DETAINEE is housed in a facility where CHM provides INMATE/DETAINEE health care services. CHM shall not be responsible for arranging the medical care or treatment for COUNTY INMATES/DETAINEES housed outside the JAIL (i.e. non-indigent work release INMATES/DETAINEES or INMATES/DETAINEES on home confinement). 5.2 1NJURIES PRIOR TO INCARCERATION, FIT FOR CONFINEMENT AND ESCAPED INMATES/DETAINEES. CHM shall not be responsible for the cost of providing off-site medical care for injuries incurred by an arrested person prior to incarceration at the JAIL or during an escape or escape attempt, including, but not limited to, medical services provided to any arrested person prior to the person's booking and confinement in the JAIL. In addition, CHM shall not be responsible for the cost of any medical treatment or health care services necessary to medically stabilize any arrested person presented at intake by an arresting agency with a life tkreatening injury or illness or in immediate need of emergency medical care. CHM shall provide such care as is medically necessary until the Eagle County Adult Facilities Colorado/CHM Agreement Page 10 of 24 arrested person can be transported to a medical care facility by the arresting agency or their designee. To the extent required by law, the arresting authority or the COLJNTY may bear the cost of, and be responsible for, all reasonable and necessary medical services or health care services of the individual until such time as the arresting authority can present a medically stable individual that is FIT FOR CONFINEMENT. To the extent CHM is billed for medical services provided to an individual who is not FIT FOR CONFINEMENT the COLJNTY shall reimburse CHM for all such costs. CHM shall not charge an additional fee simply to examine an individual to determine if he is suitably FIT FOR CONFINEMENT. ARTICLE VI COST OF SERVICES NOT COVERED UNDER THIS AGREEMENT 6.0 SERVICES NOT LISTED. Both parties understand and agree that there will be costs incurred for health care related services as outlined in Articles I, II and III above. CHM shall not be responsible for any expenses not specifically covered under Articles I, II and III of this AGREEMENT. In the event that any of the health care services not covered by CHM under Articles I, II and III, or any services that are not listed within this AGREEMENT, are required for a member of the JAIL POPULATION as a result of the medical judgment of a physician or CHM authorized personnel, CHM shall not be responsible for arranging such services and the cost of such services shall be billed directly to the COLJNTY. 6.1 SERVICES BEYOND THE SCOPE OF THIS AGREEMENT. Both parties further understand and agree that there are certain occurrences, both beyond the control and within the control of the parties, that may result in health care expenses which are outside the scope of the normal operation of a correctional facility and, therefore, outside the contemplated scope of services under this AGREEMENT. While both parties will act in good faith and endeavor to reduce the possibility of such occurrences, in the unlikely event of an occurrence such as an Act of God, riot, explosion, fire, food poisoning, or any other catastrophic event, or an event caused by the action or inaction of the COUNTY or SHERIFF or their employees, agents or contractors, which results in medical care for the JAIL POPULATION, JAIL staff, visitors, or contractors, CHM shall not be responsible for costs attributable to such catastrophic event and all such costs shall be born by the COUNTY. Notwithstanding the above, CHM shall be responsible for medical costs associated with such an event to the extent an event was caused solely by CHM. ARTICLE VII COUNTY'S DUTIES AND OBLIGATIONS 7.0 COMPLIANCE WITH HIPAA. The COLJNTY, JAIL, and SHERIFF and their employees, agents and subcontractors shall comply with the Health Insurance Portability and Accountability Act of 1996 (hereinafter "HIPAA") to Eagle County Adult Facilities Colorado/CHM Agreement Page 11 of 24 the extent it is applicable. The SHERIFF shall implement policies and/or procedures in compliance with HIPAA. 7.1 COMPREHENSNE MEDICAL/MENTAL HEALTH CARE. CHM shall identify to the SHERIFF those members of the JAIL POPULATION with medical or mental health conditions which may be worsened as a result of being incarcerated at the JAIL or which may require extensive care while incarcerated. After review of the circumstances, and when security risks permit, the SHERIFF shall make every effort to have such an INMATE/DETAINEE released, transferred or otherwise removed from the correctional setting. 7.2 RECORD ACCESS. During the term of this AGREEMENT, and far a reasonable time following the termination of this AGREEMENT, the SHERIFF shall provide CHM, at CHM's request, the COUNTY, JAIL and/or SHERIFF'S records (including medical records) relating to the provision of health care services to the JAIL POPULATION, under this AGREEMENT including records maintained by hospitals, and other outside health care providers involved in the care or treatment of the JAIL POPULATION (to the extent the COLTNTY, JAIL or SHERiFF has control of, or access to, such records). CHM may request such records in connection with the investigation of, or defense of, any claim by a third party related to CHM's conduct or to prosecute a claim against a third party. Any such information provided by the SHERIFF to CHM that the SHERIFF considers confidential shall be kept confidential by CHM and shall not, except as may be required by law, be distributed to any third party without prior written approval by the SHERIFF. 7.3 USE OF INMATES/DETAINEES IN THE PROVISION OF HEALTH CARE SERVICES. INMATES/DETAINEES of the JAIL shall not be employed or otherwise engaged or utilized by either CHM or the SHERIF'F in rendering any health care services to the JAIL POPULATION, provided however, that INMATES/DETAINEES may be used in positions not involving the rendering of health care services directly to the JAIL POPULATION and not involving access to JAIL POPULATION records in accordance with NCCHC standards. 7.4 SECURITY OF THE JAIL FACILITY AND CHM. CHM and the COLJNTY understand that adequate security services are necessary for the safety of the agents, employees, and subcontractors of CHM, as well as for the security of the JAIL POPULATION and SHERIFF'S staff, consistent with a correctional setting. The SHERIFF shall provide security sufficient to enable CHM, its HEALTH CARE STAFF, employees, agents and/or subcontractors to safely provide the health care services described in this AGREEMENT. CHM, its HEALTH CARE STAFF, employees, agents and/or subcontractors shall follow all security procedures of the SHERIFF while at the JAIL or other premises under the SHERIFF's direction or control. However, any CHM HEALTH CARE STAFF, employee, agent and/or subcontractor may, at any time, refuse to provide any service required under this AGREEMENT if such person reasonably feels that the Eagle County Adult Facilities Colorado/CHM Agreement Page 12 of 24 current safety services are insufficient in which case, CHM must give immediate written notice to the SHERIFF, or designee specifying HEALTH CARE STAFF's concerns and providing suggestions to remedy such concerns. CHM shall not be liable for any loss or damages resulting from CHM's HEALTH CARE STAFF, employees, agents and/or subcontractors failure to provide medical services due to unreasonably insufficient security services. 7.5 SHERIFF'S POLICIES AND PROCEDURES. CHM, its HEALTH CARE STAFF, employees, agents and/or subcontractors shall operate within the requirements of the COLTNTY'S and/or SHERIFF'S posted security Policies and Procedures, which impact the provision of inedical services. 7.5.1 A complete set of said Policies and Procedures shall be maintained by the COUNTY and made available for inspection by CHM at the JAIL, and CHM may make a reasonable number of copies of any specific section(s) it wishes using the SHERIFF'S photocopy equipment and paper. 7.5.2 Any Policy or Procedure that may impact the provision of health care services to the JAIL POPULATION which has not been made available to CHM shall not be enforceable against CHM unless otherwise agreed upon by both parties. 7.5.3 Any modification of the posted Policies and Procedures shall be timely provided to CHM. CHM, its HEALTH CARE STAFF, employees, agents and/or subcontractors shall operate within the requirement of a modified Policy or Procedure after such modification has been made available to CHM. 7.5.4 If any of the COLJNTY and/or SHERIFF's Policies and Procedures specifically relate to the delivery of inedical services, the COUNTY and/or SHERIFF's representative and CHM shall review the COUNTY and/or SHERIFF's Policies and Procedures and where practicable, modify or remove those provisions that conflict with CHM's Jail Health Care Policies and Procedures. 7.6 DAMAGE TO EQUIPMENT. CHM shall not be liable for loss of or damage to equipment and supplies of CHM, its agents, employees or subcontractors if such loss or damage was caused by the sole negligence of the COUNTY and/or SHERIFF's employees. 7.7 SECURE TRANSPORTATION. The SHERIFF shall provide security as necessary and appropriate in connection with the transportation of a member of the JAIL POPULATION to and from off-site services including, but not limited to, SPECIALTY SERVICES, hospitalization, pathology and radiology services as requested by CHM. CHM shall coordinate with the SHERIFF's office for transportation to and from the off-site services provider or hospital. Eagle County Adult Facilities Colorado/CHM Agreement Page 13 of 24 7.8 OFFICE EQUIPMENT. The SHERIFF shall provide use of existing COUNTY- owned office equipment and all necessary utilities (including telephone and fax line service) in place at the JAIL health care facilities for use by HEALTH CARE STAFF for health-care related services only. The COLJNTY will not be required to make upgrades to any existing equipment to fulfill the terms of this provision. At the termination of this AGREEMENT, CHM shall return to the COUNTY possession and control of all COLTNTY-owned medical and office equipment. At such time, the office and medical equipment shall be in good working order, reasonable wear and tear excepted. 7.9 NON-MEDICAL CARE OF JAIL POPULATION. It is understood that the SHERIFF shall provide for all the non-medical personal needs and services of the JAIL POPULATION as required by law. CHM shall not be responsible for providing, or liable for failing to provide, non-medical services to the JAIL POPULATION including, but not limited to, daily housekeeping services, dietary services, building maintenance services, personal hygiene supplies and services and linen supplies. 7.10 JAIL POPULATION INFORMATION. In order to assist CHM in providing the best possible health care services to COVERED PERSONS, the SHERIF'F shall provide, as needed, information pertaining to the COVERED PERSON that CHM and the SHERIFF mutually identify as reasonable and necessary for CHM to adequately to perform its obligations under this AGREEMENT. ARTICLE VIII COMPENSATION/ADJUSTMENTS 8.0 ANNUAL AMOUNT/MONTHLY PAYMENTS. The base annual amount for this AGREEMENT is Two Hundred Forty-Six Thousand Four Hundred Ninety- Two Dollars and sixty cents ($246,492.60). The amount to be paid by the COiJNTY to CHM for the INITIAL CONTRACT PERIOD shall be Eighty-Two Thousand One Hundred Sixty-Four pollars and twenty cents ($82,164.20). Each monthly payment shall be at Twenty Thousand Five Hundred Forty-One Dollars and five cents ($20,541.05), pro-rated for any partial months and subject to any reconciliations as set forth below. The first monthly amount is to be paid to CHM on the 1 st day of September, 2009 for services administered in the month of September, 2009. Each monthly payment thereafter is to be paid by the COLTNTY to CHM before or on the ls` day of the month of the month of service. 8.1 MONTHLY RECONCILIATION PROCESS. CHM will provide a monthly reconciliation with the COLJNTY for any amounts owed by either party pursuant to the terms of this AGREEMENT, including, but not limited to: 8.1.1 ADJUSTMENT FOR MADP. The monthly reconciliation shall include a per diem adjustment based on the MADP of 75 COLTNTY INMATES/DETAINEES. For each month reconciled, if the JAIL's Eagle County Adult Facilities Colorado/CHM Agreement Page 14 of 24 MADP is greater than 75 COUNTY INMATES/ DETAINEES, the compensation payable to CHM by the COUNTY shall be increased by the number of INMATES/DETAINEES over 75 at the per diem rate of $0.68. 8.1.2 ADJUSTMENT FOR COSTS IN EXCESS OF CAP AMOUNTS. The monthly reconciliation shall include any amounts paid by CHM in excess of the financial limits listed in this AGREEMENT. The compensation payable to CHM by the COUNTY shall be increased by any costs paid by CHM in excess of the financial limits listed in 1.15.2 and 1.19. ARTICLE IX TERM AND TERMINATION 9.0 TERM. The term of this AGREEMENT shall be four (4) months from September 1, 2009 at 12:01 a.m. through December 31, 2009 at 11:59 p.m. This AGREEMENT shall automatically renew for additional one year periods on January 1 st of each subsequent year with mutually agreed upon increases, unless this AGREEMENT is terminated or notice of termination is given, as set forth in this Article. 9.0.1 RENEWAL. Both parties have agreed if this AGREEMENT is renewed on January 1, 2010 there will be a 0% increase of the annual amount for the 2010 CONTRACT YEAR. Upon each subsequent renewal of this AGREEMENT pursuant to paragraph 9.0, an increase in the annual compensation amount may be negotiated between the parties. Should the parties reach said agreement after the renewal date, the agreed upon increase shall be retroactive to the date of the renewal. CHM reserves the right to evaluate and recommend staffing increases to be mutually agreed upon by both parties. 9.1 TERMINATION FOR LACK OF APPROPRIATIONS. It is understood and agreed that this AGREEMENT shall be subject to annual appropriations by the BOARD of the COUNTY. 9.1.1 Recognizing that termination for lack of appropriations may entail substantial costs for CHM, the COLTNTY and the SHERIFF shall act in good faith and make every effort to give CHM reasonable advance notice of any potential problem with funding or appropriations. 9.1.2 If future funds are not appropriated for this AGREEMENT, and upon exhaustion of existing funding, the COUNTY and SHERIFF inay terminate this AGREEMENT without penalty or liability, by providing written notice to CMH within three (3) working days of the budget/ appropriation decision. 9.2 TERMINATION DUE TO CHM'S OPERATIONS. The COLJNTY reserves the right to terminate this AGREEMENT immediately upon written notification to Eagle County Adult Facilities Colorado/CHM Agreement Page 15 of 24 CHM in the event that CHM discontinues or abandons operations, is adjudged bankrupt or is reorganized under any bankruptcy law, or fails to keep in force any required insurance policies. Both parties agree that termination under this provision will be considered for cause. 9.3 TERMINATION FOR CAUSE. The AGREEMENT may be terminated for cause under the following provisions: 9.3.1 TERMINATION BY CHM. Failure of the COtJNTY and/or SHERIFF to comply with any provision of this AGREEMENT shall be considered grounds for termination of this AGREEMENT by CHM upon thirty (30) days advance written notice to the COUNTY specifying the termination effective date and identifying the "basis for termination." The COITNTY shall pay for services rendered up to the date of termination of the AGREEMENT. Upon receipt of the written notice, the COUNTY shall have ten (10) days to provide a written response to CHM. If the COLTNTY provides a written response to CHM which provides an adequate explanation for the "basis for termination" and the COUNTY cures the "basis for termination" to the satisfaction of the CHM, the thirty (30) day notice shall become null and void and this AGREEMENT will remain in full force and effect. Termination under this provision shall be without penalty to CHM. 9.3.2 TERMINATION BY COUNTY. Failure of CHM to comply with any provision of this AGREEMENT shall be considered grounds for termination of this AGREEMENT by the SHERIFF or the COUNTY who shall provide thirty (30) days advanced written notice specifying the termination effective date and identifying the "basis for termination." The COLTNTY shall pay for services rendered up to the date of termination of the AGREEMENT. Upon receipt of the written notice CHM shall have ten (10) days to provide a written response to the COIJNTY. If CHM provides a written response to the COLTNTY which provides an adequate explanation for the "basis of termination," or cures the "basis for termination" to the satisfaction of the SHERIFF, the thirty (30) day notice shall become null and void and this contract will remain in full force and effect. Termination under this provision shall be without penalty to the SHERIFF or the COUNTY. 9.4 TERMINATION WITHOUT CAUSE. Notwithstanding anything to the contrary contained in this AGREEMENT, the SHERIFF, the COUNTY or CHM may, without prejudice to any other rights it may have, terminate this AGREEMENT for their convenience and without cause by giving ninety (90) days advance written notice to the other party. 9.5 COMPENSATION UPON TERMINATION. If any of the above termination clauses are exercised by any of the parties to this AGREEMENT, the COiJNTY Eagle County Adult Facilities Colorado/CHM Agreement Page 16 of 24 shall pay CHM for all services rendered by CHM up to the date of termination of the AGREEMENT regardless of the COLTNTY'S failure to appropriate funds. 9.6 PROPERTY DISPOSITION UPON TERMINATION. Upon termination of this AGREEMENT, CHM shall be allowed to remove from the JAIL any stock medications or supplies purchased by CHM that have not been used at the time of termination. CHM shall also be allowed to remove its property from the JAIL including its proprietary Policies and Procedures, Manuals, Training Material, and Forms. ARTICLE X LIABILITY AND RISK MANAGEMENT 10.0 INSURANCE COVERAGE. CHM shall, at its sole cost and expense, procure and maintain during the term of this AGREEMENT, the following coverage and limits of insurance: 10.0.1 MEDICAL MALPRACTICE/PROFESSIONAL LIABILITY. Medical Malpractice/ Professional Liability insurance in an amount not less than $1,000,000 per occurrence and $3,000,000 in the aggregate. 10.0.2 COMPREHENSIVE GENERAL LIABILITY. Comprehensive General Liability insurance in an amount not less than $1,000,000 per occurrence and $3,000,000 in the aggregate. 10.0.3 WORKER'S COMPENSATION. Worker's Compensation coverage as required by applicable state law. 10.1 ENDORSEMENTS. The Comprehensive General Liability policy shall contain additional endarsements naming the COLJNTY, the SHERIFF and the JAIL as an additional insured with respect to liabilities arising out of the performance of services under this AGREEMENT. 10.2 PROOF OF INSURANCE. CHM shall provide the COiJNTY proof of professional liability or medical malpractice coverage for CHM's HEALTH CARE STAFF, employees, agents and subcontractors, for the term services are provided under this AGREEMENT. CHM shall promptly notify the SHERIFF, in writing, of each change in coverage, reduction in policy amounts or cancellation of insurance coverage. If CHM fails to provide proof of adequate insurance within a reasonable time under the circumstances, then the COLJNTY shall be entitled to terminate this AGREEMENT without penalty to the COUNTY or the SHERIFF pursuant to the terms of Article IX. 10.3 INDEMNIFICATION. CHM agrees to indemnify and hold harmless the COUNTY, its agents, servants and employees from any and all claims, actions, lawsuits, damages, judgments or liabilities of any kind whatsoever arising out of Eagle County Adult Facilities Colorado/CHM Agreement Page 17 of 24 the sole negligence of CHM, its agents, employees and independent contractors in the performance of its duties under this AGREEMENT. The COLTNTY and SHERIFF shall promptly notify CHM of any incident, claim or lawsuit of which they become aware and shall fully cooperate in the defense of such claim. CHM shall take all steps necessary to promptly defend and protect the COIJNTY and SHERIFF, including retention of defense counsel and CHM shall retain sole control of the defense while the action is pending, to the extent allowed by law. CHM shall not be responsible for any claims arising out of: (1) the COLTNTY or SHERIFF or their employees' or agents' intentionally preventing any persons from receiving medical care ordered by CHM its HEALTH CARE STAFF, employees, agents, or independent contractors; or (2) the negligence of the COUNTY or SHERIFF or their employees or agents in promptly presenting an ill or injured person to CHM for treatment if it should have been obvious to a non- medical individual that the person was in serious need of immediate medical attention; or (3) the COUNTY or SHERIFF or their employees' or agents' breach of this AGREEMENT. To the extent allowed by law, the COLINTY and SHERIFF do hereby agree to indemnify and hold harmless CHM, its agents, employees and independent contractors from any and all injuries, claims, actions, lawsuits, damages, judgments or liabilities of any kind arising solely out of the negligence of the COLJNTY ar SHERIFF or their agents, servants or employees. 10.3.1 Furthermore, if a claim is brought against the SHERIFF and/or the COUNTY relating to CHM's negligent performance of its duties under this AGREEMENT and the COiJNTY ar SHERIFF'S insurance provider defends or indemnifies the SHERIFF and/or the COUNTY, CHM shall have no defense or indemnification obligation under Section 10.3. 10.4 HIPAA. CHM, the COUNTY, JAIL, and SHERIFF and their employees, agents and subcontractors shall fully comply with, and shall implement all necessary policies and/or procedures in order to comply with, the requirements of the HIPAA as it applies to the services provided under this AGREEMENT. The COLINTY, JAIL and SHERIFF and their employees and agents shall indemnify and hold harmless CHM from and against any claims of any kind made as a result of alleged or actual violations of HIPAA by the COUNTY, the SHERIFF and their employees, agents and subcontractors, unless such claims are proven to be caused by the sole negligence or willful misconduct of CHM. 10.5 SURVIVABILITY. The obligations under this Article X shall survive the termination of this AGREEMENT. ARTICLE XI MISCELLANEOUS 11.0 INDEPENDENT CONTRACTOR STATUS. It is mutually understood and agreed, and it is the intent of the parties hereto that an independent contractor relationship be and is hereby established under the terms and conditions of this AGREEMENT. Nothing in this AGREEMENT shall be construed to create an Eagle County Adult Facilities Colorado/CHM Agreement Page 18 of 24 agency relationship, an employer/employee relationship, a joint venture relationship, or any other relationship allowing the COUNTY or SHERIFF to exercise control or direction over the manner or methods by which CHM, its employees, agents or subcontractors perform hereunder, or CHM to exercise control or direction over the manner or methods by which the COLJNTY or the SHERIFF, and their employees, agents or subcontractors perform hereunder, other than as provided in this AGREEMENT. CHM assumes all financial responsibility for the employees of CHM, such as workers compensation, unemployment insurance, wages, withholding taxes, social security, sales and other taxes that may be directly or indirectly related to the services to be provided under this AGREEMENT. 11.1 SUBCONTRACTING. In order to discharge its obligations hereunder, CHM may engage certain physicians as independent contractors rather than employees ("Contract Professionals"). CHM shall not engage any Contract Professional that does not meet the applicable professional licensing requirements and CHM shall exercise administrative supervision over such Contract Professionals as necessary to insure the strict fulfillment of the obligations contained in this AGREEMENT. As the relationship between CHM and these Contract Professionals will be that of independent contractor, CHM will not be considered or deemed to be engaged in the practice of inedicine. Services provided by Contract Professionals under this AGREEMENT shall be provided in a manner reasonably consistent with the independent medical judgment the Contract Professional is required to exercise. 11.2 EQUAL EMPLOYMENT OPPORTLINITY. CHM will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, national origin, place of birth, marital status, sexual orientation, age or handicap unrelated to a bona fide occupational qualification of the position or because of status as a disabled veteran or Vietnam-Era veteran. CHM will distribute copies of its commitment not to discriminate to all persons who participate in recruitment, screening, referral and selection of job applicants, and to prospective job applicants. 11.3 WANER OF BREACH. The waiver of either party of a breach or violation of any provision of this AGREEMENT shall not operate as, or be construed to be, a waiver of any subsequent breach of the same or other provision hereof. 11.4 OTHER CONTRACTS AND THIRD-PARTY BENEFICIARIES. The parties acknowledge that CHM is neither bound by or aware of any other existing contracts to which either the SHERIFF or the COUNTY are a party and which relate to the providing of health care to INMATES/DETAINEES at the JAIL. The parties agree that they have not entered into this AGREEMENT for the benefit of any third person or persons, and it is their express intention that this AGREEMENT is for their respective benefits only and not far the benefits of others who might otherwise be deemed to constitute third-party beneficiaries thereof. Eagle County Adult Facilities Colorado/CHM Agreement Page 19 of 24 11.5 FORCE MAJEURE. In case performance of any terms or provisions hereof shall be delayed or prevented because of compliance with any law, decree or order of any governmental agency or authority of local, State or Federal governments or because of riots, war, terrorism, explosions, acts of civil or military authority, acts of public enemy, public disturbances, lack of adequate security escorts, strikes, lockouts, differences with workers, earthquakes, fires, floods, Acts of God or any other reason whatsoever which is not reasonably within the control of the party's whose performance is interfered with and which, by the exercise of reasonable diligence, said party is unable to prevent; the party so suffering may, at its option, suspend, without liability, the performance of its obligations hereunder during the period such cause continues. 11.6 ASSIGNMENT. No party to this AGREEMENT may assign or transfer this AGREEMENT, or any part thereof, without the written consent of the other parties. 11.7 NOTICES. Any notice of termination, requests, demands or other communications under this AGREEMENT shall be in writing and shall be deemed delivered: (a) when delivered in person to a representative the parties listed below; (b) upon receipt when mailed by first-class certified mail, return receipt requested, addressed to the party at the address below; or (c) upon confirmation of receipt if sent by facsimile to the fax numbers of the parties listed below: If for CHM: If for COLJNTY: Correctional Healthcare Management, Inc. Jail Administrator Legal Counsel 885 East Chambers Ave. 6200 South Syracuse Way, Suite 440 P.O. Box 359 Greenwood Village, CO 80111 Eagle, Colorado 81631 And Eagle County Attorney Bryan Treu, Esq. 500 Broadway Eagle, Colorado 81631 If for CHM: If for COUNTY: (303) 706-9068 (970) 328-1448 (970) 328-8699 Such address or facsimile number may be changed from time to time by either party by providing written notice as provided above. Eagle County Adult Facilities Colorado/CHM Agreement Page 20 of 24 11.8 GOVERNING LAW. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Colorado without regard to the conflicts of laws or rules of any jurisdiction. Venue shall be exclusive in Eagle County, Colorado. 11.9 COLJNTERPARTS. This AGREEMENT may be executed in several counterparts, each of which shall be considered an original and all of which shall constitute but one and the same instrument. 11.10 TITLES OF PARAGRAPHS. Titles of paragraphs are inserted solely for convenience of reference and shall not be deemed to limit, expand or otherwise affect the provisions to which they relate. 11.11 SEVERABILITY. In the event that any one or more provisions of this AGREEMENT shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this AGREEMENT and this AGREEMENT shall be constnied and enforced as if such invalid, illegal or unenforceable provision had never been contained herein. 11.12 PROVISION MANDATED BY C.R.S. §8-17.5.101, PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES: If CHM has any employees or subcontractors, CHM shall comply with C.R.S. § 8-17.5-101, et seq., regarding Illegal Aliens - Public Contracts for Services, and this AGREEMENT. By execution of this AGREEMENT, CHM certifies that it does not knowingly employ or contract with an illegal alien who will perform under this AGREEMENT and that CHM will participate in the E-verify Program or other Department of Labor and Employment program ("Department Program") in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this AGREEMENT. 11.12.1. CHM shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this AGREEMENT for services; or (ii) Enter into a contract with a subcontractor that fails to certify to CHM that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. 11.12.2. CHM has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Eagle County Adult Facilities Colorado/CHM Agreement Page 21 of 24 AGREEMENT through participation in the E-verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: http://www.dhs.~ov/xprevprot/pro~rams/~c 1185221678150.shtm 11.12.3. CHM shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. 11.12.4. If CHM obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, CHM shall be required to: (i) Notify the subcontractor and the COLJNTY within three days that CHM has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) 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 CHM shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 1 L 12.5. CHM 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 established in C.R.S. § 8-17.5-102(5). 11.12.6. If CHM violates these prohibitions, the COLTNTY may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this AGREEMENT, CHM shall be liable for actual and consequential damages to the COLTNTY as required by law. 11.12.7. The COUNTY will notify the office of the Colorado Secretary of State if CHM violates this provision of this AGREEMENT and the COLTNTY terminates the Contract for such breach. Eagle County Adult Facilities Colorado/CHM Agreement Page 22 of 24 ., 11.13 SOLE SOURCE GOVERNMENT CONTRACTS. If CHM has entered into a sole source government contract or contracts with the State of Colorado or any of its political subdivisions as defined in Article XXVIII of the Colorado Constitution, which including this AGREEMENT in the aggregate on an annual basis equal or exceed the amount of $100,000, then the following provisions apply: 11.13.1. Because of a presumption of impropriety between contributions to any campaign and sole source government contracts, CHM, on behalf of itself , any person who controls ten percent or more of the shares of or interest in CHM, and the CHM's officers, directors and trustees (collectively, the "Contract Holder") shall contractually agree, for the duration of the contract and for two years thereafter, to cease making, causing to be made, or inducing by any means, a contribution, directly or indirectly, on behalf of the Contractor Holder or on behalf of his or her immediate family member and for the benefit of any political party or for the benefit of any candidate for any elected office of the state or any of its political subdivisions. 11.13.2 The parties further agree that if a Contract Holder makes or causes to be made any contribution intended to promote or influence the result of an election on a ballot issue, the Contract Holder shall not be qualified to enter into a sole source government contract relating to that particular ballot issue. 11.13.3 The parties agree that if a Contract Holder intentionally violates sections 15 or 17(2) of Article XXVIII of the Colorado Constitution, as contractual damages that Contract Holder shall be ineligible to hold any sole source government contract, or public employment with the state or any of its political subdivisions, for three years. 11.13.4 The Contract Holder agrees to comply with the summary and notice provisions of Section 16 of Article XXVIII of the Colorado Constitution. 11.13.5 These provisions shall not apply to the extent they have been enjoined or invalidated by a court of competent jurisdiction. 11.13.6 All terms used in this Section and not otherwise defined in this AGREEMENT shall have the same meaning as set forth in Article XXVIII of the Colorado Constitution. 11.14 ENTIRE AGREEMENT. This AGREEMENT constitutes the entire agreement of the parties and is intended as a complete and exclusive statement of the promises, Eagle County Adult Facilities Colorado/CHM Agreement Page 23 of 24 representations, negotiations, discussions and agreements that have been made in connection with the subject matter hereof. This AGREEMENT may be amended at any time, but only with the written consent of all parties. IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed in their official acts by their respective representative, each of whom is duly authorized to execute the same. AGREED TO AND ACCEPTED AS STATED ABOVE: County of Eagle, Colorado ~ By: Sara~J. Fisher Title: Board of County Commissioners, Chairman Date: ~ Eagle County Adult Facilities Colorado/CHM Agreement Correctio al lt are Mana ement Inc. i ~' By: ~~ Douglas . Goetz ,' Title: Chief Executi~ve Officer Date: ~ 2J ~ Page 24 of 24 -~~~ .~ ~ TERM SHEET ~~~ ~ CeJ.~ ~~ ~~~~~ 1) Requested hearin~ date: September S, 2009 C~~~,J~-bc.~'~'~ ''`-" ~ ~ ~ fi ~~ <~ C. 2) For County Mana~er si~nature: No ~ ~ 3) Requestin~ department: Sheriff -......_._. _ ___ _ -~- __~_______________--._- 4) Title: AGREEMENT FOR INMATE HEALTH CARE ~~Y2VICES IN EAGLE COUNTY, COLORAllO 5) Check one: Consent: _XX_ On the Record: ~~;~; ; ~ j' 3 ,~v-, 6) Staff submittin~: Jail Administrator ' ~~ '~~ ~, 7) Purpose: To contract with Correctional Hexlthcare Management, Inc. for the administration and provision of correctional health care services at the Eagle County Detention Facility 8) Schedule: NA 9) Financial considerations: The base amount for this agreement for the initial contract period (September 1, 2009 - December 31, 2009) is $82,164.20; addition~l amounts may be charged for additional services if required. The base is amount for this agreement for the 2010 contract year will be $246,492.60. Has agreement amount been fully budgeted? Yes How much of the budgeted funds will remain after execution of this contract? $53,507.4 Does agreement comply with Eagle County's Purchasing/Bidding/Request For Proposal guidelines set forth in Resolution 2006-071? Yes, sole source exemption npplied. 10) Other: ~ ^ ~ ~V /v J ~ ' ~ ~ ~ ~nA ~~~ ` " r -~ ~pP~ p O FOR F3 ' Atto ey'S ff~ce Eagle County 3V~ ,.a9~6 ~ountY CommissionQ ~