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HomeMy WebLinkAboutC11-232 Tuberculosis Program Purchase Order 1 HEALTH &HUMAN SERVICES Economic Services 3 AN S Children and Family Services (970) 0 Public Health and Aging Services FAX: (855) 455 -8828 Finance and Operations www.eaglecounty.us EAGLE COUNTY COLORADO Purchase Order Tuberculosis Program Scope of Work for Eagle County Health and Human Services July 1, 2011through June 30 2012 Amount not to exceed $13,100 Funds provided under the purchase order are to assist in supporting tuberculosis (TB) prevention and control activities as stated in Colorado Revised Statues (CRS) 25 -4 -501 -Part 5 Tuberculosis (et seq) and Rules and Regulations Pertaining to Epidemic and Communicable Disease Control (6 -CCR- 1009 -1, Regulation 4). Contractor shall provide or coordinate the following services for all individuals within its service area according to the statutes and regulations listed above and according to CDPHE Tuberculosis Manual, but in no event less than those duties required by statute and rules (listed above). Use of funds shall be prioritized as follows: priority 1) finding all patients with active TB and ensuring completion of appropriate therapy, priority 2) finding and evaluating contacts of TB patients and ensuring completion of appropriate therapy, 3) evaluation of newly arrived immigrants and refugees with Class B TB designation, and priority 4) targeted testing of high -risk persons and ensuring completion of therapy for latent TB infection (LTBI). If available, use patient's medical insurance as primary payment source. CDPHE will reimburse for diagnostic and clinical services at current Medicaid rate, unless prior approval has been given by the CDPHE TB Program. 1. The Contractor shall provide, or arrange for, chest x -rays and interpretations. 2. The Contractor shall collect, or arrange for the collection of, specimens for mycobacteriology testing on all persons suspected of having tuberculosis. Assure appropriate testing is performed, e.g., smears for acid -fast bacilli, (using concentrated fluorescent method), isolation of mycobacteria (using rapid methods), identification of Mycobacterium tuberculosis complex (MTB) (using rapid methods), and susceptibility testing (isoniazid, rifampin, ethambutol, and pyrazinamide) on isolates of MTB. Contractor should use the CDPHE Laboratory for testing. The CDPHE Laboratory will, at no charge to the Contractor, supply specimen containers and perform the above testing for the Contractor. The Contractor shall arrange for the transportation of the specimens to the CDPHE Laboratory for testing. 3. The Contractor shall provide, or arrange for, the placement of patients who require isolation. The Contractor shall contact CDPHE TB Program for assistance, if needed, and to request reimbursement from CDPHE for those costs incurred by the Contractor in isolating a patient. 4. The Contractor shall provide, or arrange for, all other necessary laboratory testing and medical evaluation services. 5. The Contractor shall order TB medications through the CDPHE TB Program. 6. The Contractor shall provide, or arrange for, the treatment of patients with suspected or confirmed active TB, including directly observed therapy, and ensure adherence to treatment. 7. The Contractor shall provide, or arrange for, the treatment of patients with LTBI. Old Courthouse Building, 551 Broadway, P.O. Box 660, Eagle, Colorado 81631 -0660 8. The Contractor shall provide, or arrange for, a HIV antibody test for all persons diagnosed with TB disease, regardless of their age or the apparent absence of risk factors for HIV infection. In accordance with section 25 -4 -1401, et seq., C.R.S., as amended, the Contractor shall report all known HIV antibody test results to the CDPHE. The Contractor shall inform those individuals whom refuse testing of the risks associated with HIV /TB co- infection. 9. The Contractor shall monitor and evaluate those persons with suspected or confirmed active TB at least bi- monthly. 10. The Contractor shall monitor and evaluate those persons with LTBI at least monthly. 11. The Contractor shall provide culturally appropriate patient education and information pertaining to TB treatment and/or follow -up plan. The Contractor shall provide services in patient's language using medical interpretation resources such as AT &T language line as needed. 12. All reports of suspected or confirmed active TB shall include: reason for initiating, patient name, date of birth, country of birth, date arrived in U.S., demographic information, locating information, provider information, TB risk factors, results of diagnostic testing, results of mycobacteriology including susceptibility results, dates of infectious period, treatment information, changes in patients' status, diagnosis, or any other information as appropriate. The Contractor shall report to CDPHE when a TB patient completes treatment, moves, or transfers out of the Contractor's service area. Information may be reported via web -based TB case /contact management system (TBdb) or via "Tuberculosis Surveillance and Case Management Report" (TB 17). 13. The Contractor shall ensure that all contacts to newly identified infectious TB cases are identified, investigated, and receive appropriate evaluation. Contact investigation and any follow -up needed as a result of an occupational exposure shall be conducted by the employer. 14. The Contractor shall submit a preliminary Contact Investigation Report. The Contractor shall submit a final report to CDPHE when a contact investigation is completed. 15. Reports for those persons identified, as part of a contact investigation, with latent TB infection, or those with suspected latent TB infection requiring treatment recommendations from the CDPHE shall include: reason for initiating, patient name, date of birth, country of birth, date arrived in U.S., demographic information, locating information, provider information, TB risk factors, results of diagnostic testing, treatment information, or any other information as appropriate. The Contractor report to CDPHE when a LTBI patient completes treatment, moves, or transfers out of the Contractor's service area. Information may be reported via web -based TB case /contact management system (TBdb) or via "Tuberculosis Surveillance and Case Management Report" (TB 17). 17. Tuberculin skin testing, chest x -rays, and chest x -ray interpretations are not eligible for reimbursement under this Purchase Order for the following: i. correctional facility inmates; ii. Persons other than Class A or B TB immigrants undergoing medical examinations; iii. Paid or volunteer employees of health care facilities, long -term care facilities, drug treatment centers, correctional facilities, shelters, schools, or child care facilities who undergo skin testing as part of a routine employment skin testing program. To receive compensation under this purchase order, Eagle County Health and Human Services shall submit a signed monthly Invoice /Cost Reimbursement Statement in a format acceptable to the State. A sample Invoice /Cost Reimbursement Statement is attached hereto as Attachment A. An Invoice /Cost Reimbursement Statement must be submitted within Thirty (30) calendar days of the end of the billing period for which services were rendered. Expenditures shall be in accordance with this Statement of Work. These items may include but are not limited to, salaries, fringe benefits, supplies, travel, operating, indirect costs which are allowable, and other allocable expenses related to this Purchase Order. Invoice /Cost Reimbursement Statements shall: 1) reference the Purchase Order number; 2) state the applicable performance dates; 3) state the name of the payee; 4) include a brief description of the services performed; 5) describe the incurred expenditures if reimbursement is allowed and requested; and 6) show the total requested payment. Invoice /Cost Reimbursement Statements shall be sent to: Mary Goggin Tuberculosis Program Colorado Department of Public Health and Environment DCEED A -3 4300 Cherry Creek Drive South Denver, CO 80246 2 4101 11P , Signature ate P Order Terms and Conditions: 1. Offer /Acceptance. If this purchase order ( "PO ") refers to vendor's bid or proposal, this PO is an provide such coverage for vendor or any of its agents or employees. Unemployment insurance benefits ACCEPTANCE of vendor's OFFER TO SELL in accordance with the terms and conditions of the will be available to vendor and its employees and agents only if coverage is made available by vendor "solicitation" identified in vendor's bid or proposal. The solicitation includes an RFP, IFB, or any other or a third party. Vendor shall pay when due all applicable employment, income, and local head taxes form of order by buyer. If a bid or proposal is not referenced, this PO is an OFFER TO BUY, subject to incurred pursuant to this PO. Vendor shall not have authorization, express or implied, to bind buyer to vendor's acceptance, demonstrated by vendor's performance or written acceptance of this PO. Any any agreement, liability or understanding, except as expressly set forth herein. Vendor shall (a) provide COUNTER -OFFER TO SELL automatically CANCELS this PO, unless a change order is issued by and keep in force workers' compensation and unemployment compensation insurance in the amounts buyer accepting a counter -offer. This PO shall supersede and control over any vendor form(s) or part(s) required by law, (b) provide proof thereof when requested by buyer, and (c) be solely responsible for thereof included in or attached to any bid, proposal, offer, acknowledgment, or otherwise, in the event its acts and those of its employees and agents. of inconsistencies or contradictions, regardless of any statement to the contrary in such form(s) or parts 16. Communication. All communication concerning administration of this PO, prepared by vendor for thereof. 2. Safety Information. All chemicals, equipment and materials proposed and/or used in the buyer's use, shall be furnished solely to purchasing agent. performance of this PO shall conform to the requirements of the Occupational Safety and Health Act of 17. Compliance. Vendor shall strictly comply with all applicable federal and state laws, rules, and 1970. Vendor shall furnish all Material Safety Data Sheets (MSDS) for any regulated chemicals, regulations in effect or hereafter established, including, without limitation, laws applicable to equipment or hazardous materials at the time of delivery. discrimination and unfair employment practices. 3. Changes. Vendor shall furnish products and/or services strictly in accordance with the specifications 18. Insurance. Vendor shall obtain, and maintain, at all times during the term of this PO, insurance as and price set forth for each item. This PO shall not be modified, superseded or otherwise altered, specified in the solicitation, and provide proof of such coverage as requested by purchasing agent. except in writing signed by purchasing agent and accepted by vendor. Each shipment received or 19. Termination Prior to Shipment. If vendor has not accepted this PO in writing, buyer may cancel service performed shall comply with the terms of this PO, notwithstanding invoice terms or acts of this PO by written or oral notice to vendor prior to shipment of goods or commencement of services. vendor to the contrary, unless this PO has been modified, superseded or otherwise altered in 20. Termination for Cause. (a) If vendor refuses or fails to timely and properly perform any of its accordance with this section. obligations under this PO with such diligence as will ensure its completion within the time specified 4. Delivery. Unless otherwise specified in the solicitation or this PO, delivery shall be FOB destination. herein, buyer may notify vendor in writing of non - performance and, if not corrected by vendor within Buyer is relying on the promised delivery date, installation, and/or service performance set forth in the time specified in the notice, terminate vendor's right to proceed with the PO or such part thereof as vendor's bid or proposal as material and basic to buyer's acceptance. If vendor fails to deliver or to which there has been delay or a failure. Vendor shall continue performance of this PO to the extent perform as and when promised, buyer, in its sole discretion, may cancel its order, or any part thereof, not terminated and be liable for excess costs incurred by buyer in procuring similar goods or services without prejudice to its other rights, return all or part of any shipment so made, and charge vendor with elsewhere. Payment for completed services performed and accepted shall be at the price set forth in this any loss or expense sustained as a result of such failure to deliver or perform as promised. Time is of PO. (b) Buyer may withhold amounts due to vendor as buyer deems necessary to reimburse buyer for the essence. excess costs incurred in curing, completing or procuring similar goods and services.(c) If after 5. Intellectual Property. Any software, research, reports, studies, data, photographs, negatives or other rejection, revocation, or other termination of vendor's right to proceed under the CUCC or this clause, documents, drawings or materials (collectively buyer determines for any reason that vendor was not in default or the delay was excusable, the rights "materials ") delivered by vendor in performance of its and obligations of buyer and vendor shall be the same as if the notice of termination had been issued obligations under this PO shall be the exclusive property of buyer. Ownership rights shall include, but pursuant to termination under §21. not be limited to, the right to copy, publish, display, transfer, prepare derivative works, or otherwise 21. Termination in Public Interest. Buyer is entering into this PO for the purpose of carrying out the use the materials. Vendor shall comply with all applicable Cyber Security Policies of the State of public policy of the State, as determined by its Governor, General Assembly, and Courts. If this PO Colorado (the "State "), or buyer, as applicable, and all confidentiality and non - disclosure agreements, ceases to further the public policy of the State, buyer, in its sole discretion, may terminate this PO in security controls, and reporting requirements. whole or in part and such termination shall not be deemed to be a breach of buyer's obligations 6. Quality. Buyer shall be the sole judge in determining "equals" with regard to quality, price and hereunder. This section shall not apply to a termination for vendor's breach, which shall be governed performance. All products delivered shall be newly manufactured and the current model, unless by §20. Buyer shall give written notice of termination to vendor specifying the part of the PO otherwise specified. terminated and when termination becomes effective. Upon receipt of notice of termination, vendor 7. Warranties. All provisions and remedies of the Colorado Uniform Commercial Code, CRS, Title 4 shall not incur further obligations except as necessary to mitigate costs of performance. For services or ( "CUCC "), relating to implied and/or express warranties are incorporated herein, in addition to any specially manufactured goods, buyer shall pay (a) reasonable settlement expenses, (b) the PO price or warranties contained in this PO or the specifications. rate for supplies and services delivered and accepted, (c) reasonable costs of performance on 8. Inspection and Acceptance. Final acceptance is contingent upon completion of all applicable unaccepted supplies and services, and (d) a reasonable profit for the unaccepted work. For existing inspection procedures. If products or services fail to meet any inspection requirements, buyer may goods, buyer shall pay (e) reasonable settlement expenses, (f) the PO price for goods delivered and exercise all of its rights, including those provided in the CUCC. Buyer shall have the right to inspect accepted, (g) reasonable costs incurred in preparation for delivery of the undelivered goods, and (h) a services provided under this PO at all reasonable times and places. "Services" as used in this section reasonable profit for the preparatory work. Buyer's termination liability under this section shall not includes services performed or tangible material produced or delivered in the performance of services. exceed the total PO price plus a reasonable cost for settlement expenses. Vendor shall submit a If any of the services do not conform to PO requirements, buyer may require vendor to perform the termination proposal and reasonable supporting documentation, and cost and pricing data as required services again in conformity with PO requirements, without additional payment. When defects in the by CRS §24 -106 -101, upon request of buyer. quality or quantity of service cannot be corrected by re- performance, buyer may (a) require vendor to 22. PO Approval. This PO shall not be valid unless it is executed by purchasing agent. Buyer shall not take necessary action to ensure that future performance conforms to PO requirements and (b) equitably be responsible or liable for products or services delivered or performed prior to proper execution reduce the payment due vendor to reflect the reduced value of the services performed. These remedies hereof. do not limit the remedies otherwise available in this PO, at law, or in equity. 23. Fund Availability. Financial obligations of buyer payable after the current fiscal year are 9. Cash Discount. The cash discount period will start from the later of the date of receipt of acceptable contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If invoice, or from date of receipt of acceptable products/services at the specified destination by an this PO is funded in whole or in part with federal funds, this PO is subject to and contingent upon the authorized buyer representative. continuing availability of federal funds for the purposes hereof. Buyer represents that it has set aside 10. Taxes. Buyer and the State are exempt from all federal excise taxes under Chapter 32 of the sufficient funds to make payment for goods delivered in a single installment, in accordance with the Internal Revenue Code [No. 84- 730123K] and from all State and local government sales and use taxes terms of this PO. [CRS, Title 39, Article 26, Parts I and II]. Such exemptions apply when materials are purchased for the 24. Choice of Law. State laws, rules and regulations shall be applied in the interpretation, execution, benefit of State, except that in certain political subdivisions (e.g., City of Denver) vendor may be and enforcement of this PO. The CUCC shall govern this PO in the case of goods unless otherwise required to pay sales or use taxes even though the ultimate product or service is provided to buyer. agreed in this PO. Any provision included or incorporated herein by reference which conflicts with Buyer shall not reimburse such sales or use taxes. such laws, rules, and regulations is null and void. Any provision incorporated herein by reference 11. Payment. Buyer shall pay vendor for all amounts due within 45 days after receipt of products or which purports to negate this or any other provision in this PO in whole or in part shall not be valid or services and a correct notice of amount due. Interest on the unpaid balance shall begin to accrue on the enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. 46th day at the rate set forth in CRS §24- 30- 202(24) until paid in full. Interest shall not accrue if a good Unless otherwise specified in the solicitation or this PO, venue for any judicial or administrative action faith dispute exists as to buyer's obligation to pay all or a portion of the amount due. Vendor shall arising out of or in connection with this PO shall be in Denver, Colorado. Vendor shall exhaust invoice buyer separately for interest on delinquent amounts due, referencing the delinquent payment, administrative remedies in CRS §24- 109 -106, prior to commencing any judicial action against buyer. number of day's interest to be paid, and applicable interest rate. 25. Public Contracts for Services. [Not Applicable to offer, issuance, or sale of securities, 12. Vendor Offset. [Not Applicable to Inter - governmental POs] Under CRS §24-30 -202.4 (3.5), the investment advisory services, fund management services, sponsored projects, intergovernmental State Controller may withhold payment under the State's vendor offset intercept system for debts owed POs, or information technology services or products and services] Vendor certifies, warrants, and to State agencies for: (a) unpaid child support debts or arearages; (b) unpaid balances of tax, accrued agrees that it does not knowingly employ or contract with an illegal alien who will perform work under interest, or other charges specified in CRS §39 -21 -101, et seq.; (c) unpaid loans due to the Student this PO and will confirm the employment eligibility of all employees who are newly hired for Loan Division of the Department of Higher Education; (d) amounts required to be paid to the employment in the United States to perform work under this PO, through participation in the E -Verify Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final Program or the Department program established pursuant to CRS §8- 17.5- 102(5)(c), Vendor shall not agency determination or judicial action. knowingly employ or contract with an illegal alien to perform work under this PO or enter into a 13. Assignment and Successors. Vendor shall not assign rights or delegate duties under this PO, or contract or PO with a subcontractor that fails to certify to vendor that the subcontractor shall not subcontract any part of the performance required under this PO, without the express, written consent of knowingly employ or contract with an illegal alien to perform work under this PO. Vendor shall (a) not buyer. This PO shall inure to the benefit of and be binding upon vendor and buyer and their respective use E -Verify Program or Department program procedures to undertake pre - employment screening of successors and assigns. Assignment of accounts receivable may be made only upon written notice job applicants during performance of this PO, (b) notify subcontractor and buyer within three days if furnished to buyer. vendor has actual knowledge that subcontractor is employing or contracting with an illegal alien for 14. Indemnification. If any article sold or delivered under this PO is covered by a patent, copyright, work under this PO, (c) terminate the subcontract if subcontractor does not stop employing or trademark, or application therefore, vendor shall indemnify and hold harmless buyer from any and all contracting with the illegal alien within three days of receiving notice, and (d) comply with reasonable loss, liability, cost, expenses and legal fees incurred on account of any claims, legal actions or requests made in the course of an investigation, undertaken pursuant to CRS §8 -17.5- 102(5), by the judgments arising out of manufacture, sale or use of such article in violation or infringement of rights Colorado Department of Labor and Employment. If vendor participates in the Department program, under such patent, copyright, trademark or application. If this PO is for services, vendor shall vendor shall deliver to the buyer a written, notarized affirmation that vendor has examined the legal indemnify, save, and hold harmless buyer, its employees and agents, against any and all claims, work status of such employee, and shall comply with all of the other requirements of the Department damages, liability and court awards including costs, expenses, and attomey fees and related expenses, program. If vendor fails to comply with any requirement of this provision or CRS §8- 17.5 -101 et seq., incurred as a result of any act or omission by vendor, or its employees, agents, subcontractors or buyer may terminate this PO for breach and, if so terminated, vendor shall be liable for damages. assignees, arising out of or in connection with performance of services under this PO. 26. Public Contracts with Natural Persons. Vendor, if a natural person eighteen (18) years of age or 15. Independent Contractor. Vendor shall perform its duties hereunder as an independent contractor older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise and not as an employee. Neither vendor nor any agent or employee of vendor shall be deemed to be an lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of agent or employee of buyer. Vendor and its employees and agents are not entitled to unemployment CRS §24- 76.5 -101 et seq., and (c) has produced a form of identification required by CRS §24- 76.5 -103 insurance or workers compensation benefits through buyer and buyer shall not pay for or otherwise prior to the date vendor delivers goods or begins performing services under terms of the PO. Effective Date 01/01/09