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HomeMy WebLinkAboutC10-082 Community Health Services for Prenatal Care ServicesAGREEMENT BETWEEN EAGLE COUNTY AND COMMUNITY HEALTH SERVICES FOR THE PROVISION OF PRENATAL HEAL CII CARE SERVICES This agreement ("Agreement'} is entered into this -- day of ~ ~-- , 2U1~, between Eagle County, Colatadu („County") by and through its I3a:ud of County, Conunissic,ners (the "Board"} and Cammunity Stealth Services, Ina, a private non-profit Ca}orado carparation {"Contractor"). WITNESSETH: Whereas, the County, through its Department erf Pu61ic Heahh, works to pramote the; health, safety and welfare of County residents oP al} ages; and Whereas, among the services County assures, in order to promote such health, safety and we}Pare ate prenatal health care services; and Whereas, the use of outside pra~riders of such services enhances the ability ofthe County to promote such health, safety and welfare; and Whereas, Contractor is a pa-ovider 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 rota this Agreement. I: SCOPE A. Contractor shad provide timely prenatal health-care services, to accordance with current ACC7G medical standards, to low-income, uninsured Eagle County residents fi-om the Rearing Fork Valley, with incomes at or below 1 S5"/o- of the fi'dc;ral poverty level 4vho have been referred to Contractor by C"aunty and agree to receive services from Contractor ('`Clients"}, These dollars sha11 be used solely to defray the cost of Contractor's provision of prenatal services for to these Clients. County is responsible far and has determuted the eligibility oP each C€ient far services, initializing the Medicaid application enrollment, and far maintaining tiles regarding ehgr`bility under the scope of this agreement. Contractor shall pravtde services for 76 Clients, who are currently pregnant and have been referred by the County under thts Agreement. Contractor steal} submit quarterly reports with numbers serv€:d and demographics {See Section VLF below}, in addition to quarkerly invoices for payment. II: TERibI This Agreement shall commence an March 1, 2010, and shall terminate an December 31, zo}a, III: COMPENSATION A. During the term of this Agreement, Eagle County will pay to Comtractor X55{- for each Client served by Contractor. County wit] reimburse Contractor on a quarterly basis for Clients served during the previous quarter upon rerzipt of properly submitted invoices by Contractor. The Contractor shall utilize fhese funds to onset the costs of the prenatal care and care coordination services provided by the ("ontrac~tor. Contractor shall be reimbursctl 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 patic;nts before they are deemed eligible Clients by County. "Cl~ie total crost of this Agreement shall not exceed $38,50[1, absent an amendment to this agreetment signal by both parties. B. For reimbursement Contractor must submit iswoices by the fifth business day of each quarter. invoices shall include a descn•iption ofservices performed Eor each Client during tha previous quarter. If County is ne>t satisfied with the completeness of a submitted invoice, County may request Contractor to either revise the invoice or provide additional infanmatian. Eees will be paid within thirty (30) days of receipt of a proper and accurate hivaice from Contractor far Contractor's Services. Billings for services provided through December 3l, 2£)10 must be sabmitted by 3anuary l C), 2f111, in order to be eligible for reimbursement. All invoices must be mailed ar delivered in-person to the following address to era ure proper payment. l~zvoices sent b_y fax or email will nc~t be eccc,u~rcl. Eagle County Public Health X50 Broadway P, C3. Box b50 Eagle, CO 81G31 C. If, prior to pa~mseut 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 6y the provisions of this Agreement, the Cormty shad have no obligation to make such payment. l€, at any time ater or during the Perm or after termination of this Agreement as hereinafter provided or expiration of this Agreement, County reasonably determnes 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, them 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 ar expiration of the Term, any wiexpended funds advanced by County to Contractor shall forthwith be retmr~cd to County. IV: PROFIIBITiO'1S C3N PUBLIC CONT~C"1' F(lR SERVICES if Contractor h.» airy r~nployees ar subamtractars, Cortractor shall wmply with C.R.S. ~ ~- l7S-l E)1, et scq., r~~~~.3~ding Illegal Aliens - Publio Contracts for Sen~iaes, and this Contraet_ By execution of this Contract, Coma°actor certifies that it does tx>t knowingly employ ar contract with <u3 illegal alien who will l>erte~rm under this Contract and that Contractor will participate in the E-verify Program ar other Department of Labor and Employment program (`"Department Program") in order to confirm the eligibility of all emplaye~es who are newly hired for employment to perform work under this Contract. A. Contractor shall not: (i) Knowingly employ ar contract with an illegal alien to perform work under this contract far services; u (ii) Enter into a contr-act with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ ar contract with an illegal alien to perform work under the public contract fir services. B. Contractor has confirmed the employment eligibility of all employees who ta-e newly hired for employment to perfarm work under this Contract through participation in the E-verify Progrmm r+r Department Program, as administered by the United Stair. Department of Nameland Security. Information on ;~,ptying forthc 1'-t~e:if. program rnu be i"~und at: fib n ~ ~ , _,;' - ~,p ~ rrst/pr ~,~, ; I I85'~? 1, 6781 ~(}_shtni C. The Contractor shall not use either the E-verify program ar ufher Department Program procedures to undertake pre-employment screening ofjab applicants while the public contract fur services is being performed. D, If the Contractor obtains actual knowledge that a subcontractor perfuming work under the public c~antract for services knowingly emplays a contracts with an illegal alien, the Contractor shall be required ta: {i} ?dotify the subcontractar and the Cocmty within three days that the Contractor has actual ktx7wledge that the suhrontractu is employing or contracting with an illegal alien; and (ii) Terminate the subrx>ntract with the subconh'actur if within three days of receiving the notice required pursuant to subparagraph (i} of the paragraph {D} the subcontractor does n<rt slap employing ur contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if zluring such three days the subcontractor provides informmation to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. E. The Contractor shall comply with any reasatrable request by the C3epartnaent of Labor and Employment made in the course. of an investigation that tl~e department is undertaking pursuant to its authority established in C,R.S, ~+ fi- I ZS-] 0'3{5). if a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract If the catltrac~t is su tertnimated 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 far such breach. ~'. 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 terrninatian, which date shall be not less th~u~ ten (l(3j days from the date ofthe notice. In the event Contractor files forbankruptey or is declared bankrupt or dissolves, County may declare u~ writing that this Agreement is terminated, and all rights of Contractor and obligations of County, except far payment of aecrned but unpaid fees and expenses, shall terminate immediately. 'V`I. CON`TRACTOR'S DEITIES A. All funds received by Contractor antler this Agreement shall Be or have been expended solely for the purpose far which granted, and any funds not so expended, utcluding funds lost ar diverted far other purposes, shall be retorted to County. B. Contractor shall maintain, Pot a minimum of 3 years, adequate financial and prograrumatic records for reporting to County on performance of its responsibilities hereunder. Contractor shall be subject to financial audit by federal, state or county aeuiitors or their designees. Contractor authorizes County to perforn3 audits or to make inspections during normal business hours, upon ~t$ hocus notice to Contractor, for the l~>xu~pose of evaluating performance under this Agreement. Contractor shall cooperate tally with authorized Public Health representatives in the obser7~atian acrd evaluation of the program and records. Contractor shall have the eight to dispute arty claims of misuse of funds and seek an amicable resolution with Countv~. C. Contractor shall armply 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 Chat charged to other persons in the same community. E. Contractor shall safeguard infor~rration and conhdentiahty of all clients in accordance; with rules of Eagle C"ounty Public Health, and the Health Information Pricaey and Accountability AcC. F. Contractor shall provide the County with a quarterly repot-t ofservices Chat includes: • Narue of client • Client's date ofbirth • Date of first service Due date * Week of pregnancy at first visit as Client VIh NOTICE Any notice required under this Agreement shad be given iat writing by registered or certified mail; return receipt requested which shall be addressed as follows: COUNTY: Eagle County Public Health Director PO Box fi60 Eagle, CO 8l b3l (970)328-8819 CON"TRACTOR: (.OntaCt: Liz Stark Cammunity Health Services, Inc. 0~OS Castle Creek Road, Suitc 6 Aspen, {"olorado, 81(I 1 Notice shall be de erred given three (3) days after the date of deposit in a regular depository of the Unitul States Postal Service. VI[I. ASSIGNMENT Contractor shalt not assign any of its rights or duties undue' this Agreement to a third party without the prtor written cxanseirt of County. County shall terminate this Agrt;etnent u1 the event of any assignment without its prior written consent ofCounty. IN. MODIFICATION Any revision, amendment or modification of this Agreement shall be valid only ii` in writi~rg anti signed by all parties. X. INSURANCE Insurance TX s Workers' Compensation Employers Liability, including Occupational Disease • Comprehensive tieneral Liability, including in Broad Form Property Damage r Professional Liabiliri~ Insurance Covest.,e Minimums Statutory SSOfl,t)00 SbOQ(f00 peraccur~ence or as specified the Colorado Governamental Immunity Act, whichever is greater ~SOf),00© per oecurreuce Contractor shall purchase atxi maintain such insurance as required above and shall provide certificates of insurance ut a form aeeeptahle to Cocuaty upon execution of this Agreement. XI. MISCELilANEOUS ~. The relationship of Contractor to County is that of independent e«ntrat~tor. No agent, employee or volunteer of Contractor shall be deemed to be an agent, employee or volunteer of County. B. hr the event of litigation in connection with this Agreement, the prevailing party shall be entitled Co recrover all reasonable costs incun~ed, including attorney fees, costs, staff time and other claim related expense. C. hrvalidity or unenforceability ofany provision ofthis Agreement shall not affect the other provisions hereof, and this Afn-eement shall be a~nstrued as if such invalid or unenforceable provision Guars omitted. 13. Contractor shalll indenvrify and }xild harmless County, its Board oi'Commissioners, and the individual members thereof; its agencies, departrneirts, officers, agents, employees, servants and its successors from any and all demands, losses, liabififies, claims or Judgments„ together with alE costs and expenses incident thereto which may accrue against, be charged to or be recoverable frmn County, its Board of Commissioners, and the individuaE members thereof; its agencies, departments, officers, agents, employees, servants and its successors, as a resu3t ofthe acts or omissions ofContrac-tor, its employees or agents, iii or in part pursuant to this Agreement or arising directly or iirdirectEy out of Contractor's exercise of its privileges ar pertonrranee of its obligations ender this Agreement. E. Contractor shall compEy at all times asxi in all respects with all applicable federa3, state ~r,d local laws, resolutions, and codas. F. Notwithstanding anything to the contrary eoirtaured in this Agreement, County shalE have no obligations under this Agreement after, nor shall any pa}ancnts be made to Contrac~tar in respect of any period after, Deceml7er 31st of the calendar year of the Term of this Agreement, without an appropriation therefore by County ur acetx-danee wi{h a budget adopted by the Board of County Commissioners hr compliance with the provisions of Article 35, "Title 30 of the Colorado Revised Statutes, tlrc Local Government Budget Law (C.RS- §§ 29-1-101 et seq.) and the TABOR Ainet~idmeait (Colorado Constitution, Ariiele X, Sc~c. 20), G. This Agreement shall be governed by the Eaves of the State of Colorado. Jurisdiction and venue for any suit, right or cause of action arising under, or iii connection with this Agreement shall be exclusive en Eagle County, Coforado. fI. This Agreement supersedes all previous communications, negotiations and;`or agi°eements between the respective; lruties 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 sat forth in this Agreement. L This Agreement does not, and ;hall not be deemed as construed to, cx3irfer upon or grant to any third party or parties any right to claim damages or to bring any suit, action or other proceetliirg against either Contractor or County because of any brc~eh hereof or because of any of the terms, covenants, agi~eeme~rts and conditions herein. J. Contractor certifies that it has read the Agreement, understands each and every teen and the requirements set forth herein, atad agrees to comply with the same. in Witness Whereof; County and Contractor have €xeeuted this Agreement in triplicate on the date set forth above. Z"wo counterpat~ts Dave been delivered to County and one to Contt~aitor. CC3UNTY C}E EAGLE, STATE CF Ct)LORAL~~, BY AND 7`HROUGH ITS BC3AR]~ OF COU`N"I`Y CONfIv115SIONERS ,~ _ f3y:~ . _ __ Sara J. hishcr, Chaia-man _ ATTEST: -G'G{'' ~ ~,~, Teak J. Simonton ~ ~~ Clerk to the Board ofCounty Cori. a •;,~~,~~ /t t~omtnunity I I s~;i I h Sc~ °, ~; ~~. ley, ~-m- Print Name: Title. - --~°- _ - STATE E)1' x ) _ }SS. COCrN"€'Y OF } ~~... The fore,- it insi:ument wa a~~~t~~~~ledged befo:e me by _~' ,this I day of _ , 2410 -- i ~ _...._._._ My commission expires: \-u~ai FubP., 7