HomeMy WebLinkAboutC13-342 Community Health Services AGREEMENT BETWEEN EAGLE COUNTY AND COMMUNITY HEALTH SERVICES,INC. FOR THE PROVISION OF PRENATAL HEALTH CARE SERVICES This Agreement("Agreement")dated as of this (__O' day of j J 5 i i l'(,') f , 206 , is between the County of Eagle, State of Colorado, a body corporate and politic, by and through its County Manager("County"), with a mailing address of 500 Broadway, Post Office Box 850, Eagle, CO 81631 and Community Health Services, Inc., a non-profit Colorado corporation with a mailing address of 0405 Castle Creek Road, Suite 6, Aspen, CO 81611 ("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. AGREEMENT 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 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 to those Clients. County is responsible for the eligibility of each Client for services, initializing the Medicaid application enrollment, and for maintaining files regarding eligibility under the scope of this Agreement. Contractor shall provide services for 40 Clients, who are currently pregnant and have been referred by the County under this Agreement. Contractor shall submit quarterly reports with numbers served and demographics (See Section VI.F below), in addition to quarterly invoices for payment. II: TERM This Agreement shall commence on January 1, 2014, and shall terminate on December 31, 2014. N2, ��.l 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 on a quarterly basis for Clients served during the previous quarter upon receipt of properly submitted invoices 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$22,000, absent an amendment to this agreement signed by both parties. B. For reimbursement Contractor must submit invoices by the fifth business day of each quarter. Invoices shall include a description of services performed for each Client during the previous quarter. 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 31, 2014 must be submitted by January 10, 2015, 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. 2 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.gov/xprevprot/programs/gc 1185221678150.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- 3 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. 4 F. Contractor shall provide the County with a quarterly report of services 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: CONTRACTOR: Jennie Wahrer, Eagle County Public Health Contact: Liz Stark PO Box 660 Community Health Services, Inc. Eagle, CO 81631 0405 Castle Creek Road, Suite 6 (970) 328-8819 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. 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 $500,000 Occupational Disease • Comprehensive General Liability, including $600,000 per occurrence or as specified in Broad Form Property Damage the Colorado Governmental Immunity Act, whichever is greater • Professional Liability Insurance $1,000,000 per occurrence 5 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. Intentionally Omitted. 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 attorney fees, 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. 6 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 on the date first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and through its County Manager B _, /_ eith Montag, County Ma. .ger Community Heal/Serv. es,Inc. By: Print Name: Li Title: b (71-9-( 7 EXHIBIT A PROOF OF INSURANCE (Certificate of insurance to be inserted as Exhibit A) 8 . r , _ .. .... .. 1 ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIMPO ■ 1 05/0312013 / P THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ' inn„qc.c.d As:Rsronce 7501 E 1.awry El:vd I AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS D::;river,CO iii.:230-7006 i CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE 1 COVERAGE AFFORDED BY THE POLICIES BELOW. • INSURERS AFFORDING COVERAGE NAICli INSURER A Pinnacol Assurance I 41190 1 Cwraiwnit,,,I"1;:,altn i.;DTVIT'eS;IOC. . . i INSURER E I I 0,10.5 CDAPFT C reDA ROA INSURER C . .. i 1 .A.SpT,Vi:DO 0 I CI 11 I " =,INSURER D . ] INSURER E i v i COVERAGES THE PSILICIES OF INSURANCE L=STEEI BELOW HAVE BEEN ISSUE:CI TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOIWITHSTANONS ANY REiCIADEMENT.TERM OR caNc)iTiON OF AW cONTRACT OR OTHER DOCUMMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BF ISSUED OR = MAY PERTAIN,THE:INSt)RA,,KAII AFTORDED BY THE PO:LOWS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS MID CONDITIONS OE SI.IDTI PC/LI:DIRS.OMITS SHOWN MAY tiAME BEEN REDUCED DY EA/0 CLAIMS. v.,: - i i f • . I POLICY EFFECTIVE POLICY EXPIRATtOtt 1 . i'Wt ur,r-rAp,....,,,,:.-i: , i,r),,,c;N MJMBER ) DAT EMt-liDDAITYY) DATEIMM3OrYylp" 1 I I EACH OCCLOALVA;T I ,erEA=L,A.S rr- .... , ..... . 1 1 1 Ar;,&cvs:::,k.r.,,,,,Le., r . , DAMAGE TO 1 1 1 I ' PREMISES NO! txns§b.,t,,,,, ..i !PP§914''"- ..< . i Cf.•:,,..ACCRE;ATE:,R.,,,T.v,r,:..;.:rzi;,E-R l_GENERAL ADGATTi.,E 1 , 1 . . PRODUCTS-CCMG:,P AAD OAT i_: AN,AOTO 1 lEa Accident) Ali 03iWi3 ,0"0", i UX1iLY INJURY • BOnY iF,I.a!RT , I H 1 , ! 1 i ! 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THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONALINSURED,the policy(iesl must be endorsed. If SUBROGATIONIS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT HUB INTERNATIONAL INS SVCS INC/PHS PHONE FAX 340887 P: (866) 467-8730 F: (877) 905-0457 E-MAID °, E,l: (866)467-8730 (A1c,No) (877)905 0457 PO BOX 33015 ADDRESS: SAN ANTONIO TX 78265 INSURER(S)AFFORDING COVERAGE NAIC N INSURER A: Hartford Casualty Ins Co INSURED INSURER B: INSURER C: COMMUNITY HEALTH SERVICES INSURER D: 0405 CASTLE CREEK RD STE 6 ASPEN CO 81611 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. JNSR TYPE OF INSURANCE ADM SUER POLICY EFF POLICY EXP - LIMITS LTR 1NSR WVD POLICY NUMBER (MM/OD/YYYYI (MM/DD/YYYY1 GENERAL LIABILITY EACH OCCURRENCE 01, 000,000 COMMERCIAL GENERAL LIABILITY ( DAMAGE TO RENTED PREMISES(Ea occurrence) 0300, 000 A CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10, 000 X General Liab © C 34 SBA PA6360 04/23/2013 04/23/2014 PERSONAL&ADV INJURY 01, 000, 000 GENERAL AGGREGATE 02, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2, 0 0 0, 0 0 0 POLICY PRO- I X I LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 01, 000, 000 (Ea accident) ANY AUTO _ BODILY INJURY Per person) 9 A ALL OWNED SCHEDULED ❑ 34 SBA PA6360 04/23/2013 09/23/2014 BODILY INJURY(Per accident) 3 AUTOS AUTOS X HIRED AUTOS NON-OWNED PROPERTY DAMAGE X AUTOS (Per accident) UMBRELLA LIAR OCCUR EACH OCCURRENCE 3 _ EXCESS LIAR CLAIMS-MADE LI C AGGREGATE _ 9 DED RETENTION 9 5 WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y I N I TORY LIMIT$ ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A C E. EACH ACCIDENT 9 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE 9 It yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is npu?redl Those usual to the Insured' s Operations . Certificate holder is listed as additional insured, A Business Liability Waiver of Subrogation applies and Coverage is primary & non-contributory per the Business Liability Coverage Form SS0008, attached to this policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Colorado Department of Health BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE and Environment DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 4300 S. CHERRY CREEK BLVD AUTHORIZED REPRESENTATIVE DENVER, CO 80246 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD , f HEALTHCARE PROVIDERS SERVICE Print Date: 4/27/2013 C,NA ORGANIZATION PURCHASING GROUP c (�Certificate of Jtt5ttrtzttce o nurses service organization'. OCCURENCE POLICY FORM Producer Branch Prefix Policy Number Policy Period 018098 970 HPG 0265850879 from 04/29/13 to 04/29/14 at 12:01 AM Standard Time Named Insured and Address: Program Administered by: Community Health Services, Inc. Nurses Service Organization 405 Castle Creek Rd Ste 6 159 E. County Line Road Aspen, CO 81611-3125 Hatboro, PA 19040-1218 1-888-288-3534 www.nso.com Medical Specialty: Code: Insurance is prdvided by: Nurse Practitioner Firm 80965 American Casualty Company of Reading, Pennsylvania Excludes Cosmetic Procedures 333 S. Wabash Avenue, Chicago, IL 60604 Professional Liability $1,000,000 each claim $6,000,000 aggregate Your professional liability limits shown above include the following: * Good Samaritan Liability * Malplacement Liability * Personal Injury Liability * Sexual Misconduct Included in the PL limit shown above subject to$25,000 aggregate sublimit Coverage Extensions • License Protection $25,000 per proceeding $25,000 aggregate Defendant Expense Benefit $ 1,000 per day limit $25,000 aggregate Deposition Representation $ 10,000 per deposition $ 10,000 aggregate Assault $25,000 per incident $25,000 aggregate Includes Workplace Violence Counseling Medical Payments $25,000 per person $100,000 aggregate First Aid $ 10,000 per incident $ 10,000 aggregate Damage to Property of Others $ 10,000 per incident $10,000 aggregate Information Privacy(HIPAA) Fines and Penalties $ 25,000 per incident $25,000 aggregate Workplace Liability , Workplace Liability ' Included in Professional Liability Limit shown above Fire&Water Legal Liability Included in the PL limit shown above subject to $150,000 aggregate sublimit Total: $6,538.00 Base Premium $6,538.00 Policy Forms & Endorsements(Please see attached list for a general description of many common policy forms and endorsements.) G-121500-D G-121503-C G-121501-C G-145184-A G-147292-A GSL15563 GSL15564 GSL15565 GSL17101 GSL13424 GSL13425 G-123846-005 GSL3886 GSL3908 GSL 5589 (02) GSL-6076 GSL19904 Vii4"4"041 Cr. 0419 .1.404i1Z. (6%)./t V t/il\ Keep this document in a safe place.lt ,I - and proof of payment are your proof of t�"(jet` coverage. There is no coverage in force unless the premium is paid in full.ln order Chairman of the Board Secretary to activate your coverage,please remit premium in full by the effective date of this Certificate of Insurance. Master Policy#188711433 G-141241-B(03/2010) Coverage Change Date: Endorsement Change Date: