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HomeMy WebLinkAboutC10-048 Community Health Services for Prenatal Care ServicesAGREEMENT BETWEEN EAGLE COUNTY AND COMMUNITY HEALTH SERVICS FOR THE PROVISION OF PRENATAL HEALTH CARE SERVICES ~~ This agreement ("Agreement") is entered into this~d~ay of ^~~ , 2010, between Eagle County, Colorado ("County"), by and through ~'ts Board ofi County Commissioners (the "Board") and Community Health Services, Inc., a private non-profit Colorado corporation ("Contractor"). WITNESSETH: Whereas, the County, through its Department of Public Health, works to promote the health, safety and welfare of County residents of all ages; and Whereas, among the services County assures, in order to promote such health, safety and welfare are prenatal health care services; 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 a service and wishes to contract with County. Now, therefore, in consideration of the foregoing premises and the following promises, County and Contractor enter into this Agreement. I: SCOPE A. Contractor shall provide timely prenatal health-care services, in accordance with current ACOG medical standards, to low-income, uninsured Eagle County residents from the Roaring Fork Valley, with incomes at or below 185% of the federal poverty level who have been referred to Contractor by County and agree to receive services from Contractor ("Clients"). These dollars shall be used solely to defray the cost of Contractor's provision of prenatal services for to those Clients. County is responsible for and has determined the eligibility of each Client for services, initializing the Medicaid application enrollment, and for maintaining tiles regarding eligibility under the scope of this agreement. Contractor shall provide services for 10 Clients, who are currently pregnant and have been referred by the County under this Agreement. After Contractor's initial examination of each Client, Contractor shall submit an invoice for payment. Within thirty (30) days of Contractor's completion of the services to be provided herein, Contractor shall provide County with a report detailing the numbers served and demographics (See Section VI.F below). B. Contractor has been provided with prenatal treatment history and client numbers for each Client to be served under this Agreement. In addition to the compensation that Contractor will collect from CoLmty pursuant to Section III of this Agreement, Contractor may also collect fees from individual Clients. However, Contractor acknowledges and agrees that each individual client may only be charged a total of $400 for prenatal services for her current pregnancy. A listing, by client number, of what each Client has already ~(0-04~ expended for prenatal services prior to execution of this Agreement is attached hereto as Exhibit "A" and incorporated herein by this reference. During the term of this Agreement, Contractor agrees not to charge or invoice any Client referred hereunder more than the maximum amount that may be charged to each client as reelected in Exhibit "A" for services provided under this Agreement. II: TERM This Agreement shall commence on January 28, 2010, and shall terminate upon completion of the services to be provided hereunder (i.e., prenatal care, care during delivery and birth and postpartum care for each of the 10 Clients referred hereunder). III: COMPENSATION A. During the term of this Agreement, Eagle County will pay to Contractor $550 for each Client served by Contractor. County will reimburse Contractor for Clients served upon receipt of a properly submitted invoice by Contractor. The Contractor shall utilize these funds to offset the costs of the prenatal care and care coordination services provided by the Contractor. Contractor shall be reimbursed for services provided to Clients only after they have been deemed eligible by County. County will not reimburse Contractor for services provided to Contractor's patients before they are deemed eligible Clients by County. The total cost of this Agreement shall not exceed $5.500.00, absent an amendment to this agreement signed by both parties. B. For reimbursement Contractor must submit an invoice after Contractor's initial examination of each Client. If County is not satisfied with the completeness of a submitted invoice, County may request Contractor to either revise the invoice or provide additional information. Fees will be paid within thirty (30) days of receipt of a proper and accurate invoice from Contractor for Contractor's Services. Billings for services provided through December 3l, 2010 must be submitted by January 10, 2011, in order to be eligible for reimbursement. All invoices must be mailed or delivered in-person to the following address to ensure proper payment. Invoices sent by fax or email will not be accepted. Eagle County Public Health 550 Broadway P.O. Box 660 Eagle, CO 81631 C. If, prior to payment of compensation, but after submission to County of a request therefore 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 If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8- 17.5-101, et seq., regarding Illegal Aliens -Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor 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 Contract. A. Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) 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. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract 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/programs/~~c I I X52? 167 15O.shtm C. The Contractor 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. 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: (i) 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 (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 the Contractor 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. E. 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 established in C.R.S. § 8- 17.5-102(5). F. If a Contractor violates these prohibitions, the County 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 Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. G. The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. 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 of 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 Public Health 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. 4 C. 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. D. 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. E. Contractor shall safeguard information and confidentiality of all clients in accordance with rules of Eagle County Public Health, and the Health Information Privacy and Accountability Act. F. Within thirty days of completion of services under this Agreement, Contractor shall provide the County with a report of services provided under this Agreement that includes: • Name of client • Client's date of birth ~ Date of first service • Due date • Week of pregnancy at first visit as Client 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 Public Health Director PO Box 660 Eagle, CO 81631 (970)328-8819 CONTRACTOR: Contact: Liz Stark Community Health Services, Inc. 0405 Castle Creek Road, Suite 6 Aspen, Colorado, 81611 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 Insurance Type Coverage Minimums • Workers' Compensation Statutory • Employers Liability, including Occupational Disease • Comprehensive General Liability, including in $500,000 $600,000 per occurrence or as specified Broad Form Property Damage the Colorado Governmental Immunity Act, whichever is greater • Professional Liability Insurance $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 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 31st 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 party 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. COUNTY OF EAGLE, STATE OF COLORADO By and throug~s Co ana er F ____ By: - - Keith Montag, County Manager r ~l COMMUNITY f'ALT SERV ES, INC. BY~ ~~ Print Name: ~,~ ~i ~1 /l,-/ Title: l (~ Zi . STATE OF ~ ~ ;~ ~l ~~<~ C ~ ) ~ )SS. COUNTY OF ~ ~' ~j ~f ) The foregoing .instrument was acknowledged before me of -~ /"~ , 2010 i i (~ , ~ ,L ~ ~. ,. ~.' ~';l Notary Public <:~ < by , ,.~=~'C'~ ~ `~ ,this day ,~ My commission expires: ~ ~ EXHIBIT A Monies collected to 1 $ 233 2 $ 266 3 $ 350 4 $ 344 5 $ 290 6 $ 250 7 $ 150 8 0 9 $ 133 10 $ 240 11 0