HomeMy WebLinkAboutC11-203 Mountain Family Health CentersAGREEMENT BETWEEN EAGLE COUNTY
AND MOUNTAIN FAMILY HEALTH CENTERS
FOR THE PROVISION OF FAMILY PLANNING HEALTH CARE SERVICES
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This agreement ("Agreement") is entered into this -f) day of VLA`' 2011,
between Eagle County, Colorado ("County"), by and through its Board of County
Commissioners (the "Board") and Mountain Family Health Centers, a Colorado nonprofit
corporation with its principal place of business at 1905 Blake Ave., Suite 101, Glenwood
Springs, Colorado 81601 ("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, in order to promote such health, safety and welfare, the County encourages the
provision of family planning health care services for County residents in need; 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. In accordance with prevailing medical standards, Contractor shall perform
vasectomies for clients of Eagle County Public Health Family Planning Clinic who are over
the age of 21, have been referred to Contractor by County, agree to receive services from
Contractor, and who have signed the consent for sterilization form attached hereto as Exhibit
A ("Clients"). The vasectomy procedure covered under this Agreement shall include one
pre-procedure consultation (exam), the vasectomy procedure (procedure), a post procedure
sperm count, a post-procedure 3 month clinic visit and all associated lab work involved with
the procedure. County is responsible for determining the eligibility of each Client.
Contractor shall provide services for up to 13 Clients that are referred by the County during
the term of this Agreement.
B. Contractor shall not perform any vasectomies for Clients who have not properly
signed the consent form attached hereto as Exhibit A. Contractor shall not obtain the consent
of any Client who is under the influence of alcohol or other drugs, or who does not appear to
be mentally competent. A 30 -day waiting period between the time of consent and the time of
the procedure is required with no more than 180 days passing between the date of informed
consent and the date that the vasectomy procedure is performed. If the physician performing
the vasectomy procedure is not the person obtaining the Client's consent, then there should
C/I-,0b5
be an oral explanation of the procedure and its risks and benefits so that the client has been
fully informed, understands the vasectomy procedure, and has freely given consent.
C. Contractor shall submit monthly reports (See Section VI.F below), in addition to
monthly invoices for payment accompanied by a signed consent form for each Client served.
II: TERM
This Agreement shall commence on execution of this Agreement by both parties and shall
terminate on June 30, 2011.
III: COMPENSATION
A. During the term of this Agreement, Eagle County will reimburse on a monthly basis
Contractor for the costs associated with the vasectomy procedure, as identified above, in an
amount not to exceed $625 for each Client served by Contractor. The vasectomy cost agreed
upon herein shall include all surgery costs, anesthesia, facility costs, lab fees, one pre-
procedure exam, the vasectomy procedure, one post-procedure sperm count and one post-
procedure 3 -month clinic visit. Contractor may not charge Clients any additional cost for the
services described above. All invoices must be accompanied by a copy of a signed consent
for sterilization on the form attached hereto as Exhibit A; payment will not be made unless
the County receives the required consent form.
B. Contractor may bill County only for the specific services provided during the
previous month and may not bill in advance for services not yet provided. County will
reimburse Contractor on a monthly basis for Clients served during the previous month upon
receipt of properly submitted invoices by Contractor. All lab fees must be concurrent with
the Medicare reimbursement rate.
C. Payment for any unexpected complications or additional visits or services beyond
those described in Section I of this Agreement will not be the responsibility of County.
Contractor should arrange directly with the Client for payment in the event of any such
unexpected complications, additional visits or additional services. Unexpected complications
include, but are not limited to, bleeding problems at the incision site or internally, infection
on or near the suture of incision site, problems related to the use of anesthesia, and allergic
reactions to drugs.
D. The total cost of this Agreement shall not exceed $8,125 absent an amendment to this
agreement signed by both parties.
E. For reimbursement Contractor must submit invoices by the fifth business day of each
month. Invoices shall include a description of services performed for each Client during the
previous month. 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 June 30, 2011
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must be submitted by July 5, 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 Health & Human Services
Business Office
550 Broadway
P.O. Box 660
Eagle, CO 81631
F. 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:
httl2://www.dhs.gov/xprevprot/programs/gc -1 185221678150.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.
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. Contractor shall provide the County with a monthly report of services that includes:
• Name of client
• Client's date of birth
Dates of service and service provided
If client decided to cancel the procedure
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: CONTRACTOR:
Eagle County Public Health Director Mountain Family Health Centers
PO Box 660 1905 Blake Ave., Suite 101
Eagle, CO 81631 Glenwood Springs, CO 81601
(970) 328-8819 970-945-2840
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
• Workers' Compensation
• Employers Liability, including
Occupational Disease
• Comprehensive General Liability, including
• Professional Liability Insurance
Coverage Minimums
Statutory
$500,000
$1,000,000 per occurrence, $2,000,0000
aggregate
$1,000,000 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
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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.
// SIGNATURE PAGE TO FOLLOW //
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 THROUGH ITS BOARD OF COUNTY
COMMISSIONERS
MOA FAM Y EA TH CENTERS
By:
Title:
STATE OF COLORADO )
ss
County of )
foregoing was acknowledged before me this day of , 20 IJ
by dK
Witness my hand and official seal.
My commission expires: 07130 0'1013
4taryublic
I BONNIE REIFF
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 07/30/2013
EXHIBIT A
CONSENT FOR STERILRATION
NOTICE: YOUR DECISION AT ANY TME NOT TO 9E STERILIZED WLL NOT RESULT IN TUE VVI NORMAL OR YMMOLOM
OF ANY BENEFITS PROVIDED BY PROGREIAS OR PROJECTS RECEMM FEDERAL FUNDS.
■ CONSEKTTO ST£RLIZATION ■
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