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HomeMy WebLinkAboutC22-191 Colorado Center for the Advancement of Patient SafetyFIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND COLORADO CENTER FOR THE ADVANCEMENT OF PATIENT SAFETY THIS FIRST AMENDMENT (“First Amendment”) is signed on ________________by and between Colorado Center for the Advancement of Patient Safety, d/b/a Colorado Telehealth Network a Colorado nonprofit corporation (hereinafter “Consultant”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County and Consultant entered into an agreement dated October 30, 2018, for certain Services (the “Original Agreement” C18-318); and WHEREAS, County and Consultant desire to extend the term of the Original Agreement; and WHEREAS, the term of the Original Agreement after its four (4) Renewal Terms expires on the June 30, 2022, and the parties desire to extend the term of the Original Agreement for a one year and allow renewal terms of up to four (4) additional years to June 30, 2027. FIRST AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: 1. Paragraph 3 of the Original Agreement shall be deleted and replaced with the following: This Agreement shall continue from June 30, 2022 and, subject to the provisions of paragraph 12 hereof, shall continue in full force and effect for 12 months from such date (the "Initial Term"). This Agreement shall be automatically renewed for successive periods of 12 months (each " Renewal Term"), unless either party notifies the other party that it does not desire to renew this Agreement in writing, at least sixty (60) days before the end of the Initial Term or any Renewal Term. This Agreement permits four (4) Renewal Terms and shall expire, if not cancelled prior, on June 30, 2027. 2. Capitalized terms in this First Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the First Amendment conflict with, modify, or supplement portions of the Original Agreement, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 3. Except as expressly altered, modified, and changed in this First Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. DocuSign Envelope ID: 7B435462-21C1-4E0B-8963-3894B6BC9D40 5/11/2022 2 4. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager Colorado Center for the Advancement of Patient Safety, d/b/a Colorado Telehealth Network By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 7B435462-21C1-4E0B-8963-3894B6BC9D40 Richard Prestidge CFO Letter of Agency Colorado Center for the Advancement of Patient Safety (CCAPS) 7335 East Orchard Road Greenwood Village, CO 80111 Re: Letter of Agency to (1) Seek Eligibility Determination (Form 460); (2) Seek Bids for Services (Form 461); and (3) Submit Funding Request and Manage Invoicing and Payments (Forms 462 and 463) in the Healthcare Connect Fund Eagle County Government hereby authorizes the Colorado Center for the Advancement of Patient Safety (CCAPS), dba CHA Broadband Services to act on its behalf before the Federal Communications Commission (FCC) and the Universal Service Administrative Company's Rural Health Care Division in matters related to the Consortium's participation in the Healthcare Connect Fund. By this letter, Eagle County Government confirms its participation in the CHA Broadband Services Consortium. Eagle County Government authorizes CCAPS to: a) Determine eligibility to participate in the Healthcare Connect Fund; b) Submit the FCC Form 461, Request for Services, on its behalf and prepare and post the request for proposal on its behalf for purposes of the Healthcare Connect Fund; c) Submit the FCC Form 462, Funding Request, on its behalf, for purposes of the Healthcare Connect Fund. d) Submit FCC Form 463, Invoice and Request for Disbursement, on its behalf, to manage invoicing and payments for purposes of the Healthcare Connect Fund. e) Submit any other necessary documentation required to obtain funding through the Healthcare Connect Fund. This Letter of Agency is effective from the date of this letter to June 30, 2027. CHA Broadband Services changes its designated Consortium Leader for purposes of the FCC Healthcare Connect Fund, the LOA may be assigned to the new Consortium Leader upon 30 days' notice to the Eagle County Government . By this Letter of Agency, Eagle County Government authorizes CCAPS to make the certifications included in the FCC Forms 460, 461, 462 and 463 on behalf of Eagle County Government. DocuSign Envelope ID: 7B435462-21C1-4E0B-8963-3894B6BC9D40 Those certifications are: a) The person signing this Letter of Agency is authorized to submit this letter on behalf of the Eagle County Government. b) Eagle County Government is non-profit or public. c) The person signing the application is authorized to submit the application on behalf of the applicant and has examined the form and all attachments, and to the best of his or her knowledge, information, and belief, all statements of fact contained therein are true. d) The applicant has followed any applicable state, Tribal, or local procurement rules. e) The supported connections, infrastructure and /or equipment associated with this request for funding will be used solely for purposes reasonably related to the provision of health care service or instruction, for which support is intended, and that the health care provider is legally authorized to provide under the law of the state in which the services were provided and will not be sold, resold, or transferred in consideration for money or any other thing of value. f) The applicant satisfies all of the requirements under section 254 of the Act and applicable Commission rules. g) The applicant has reviewed all applicable requirements for the program and will comply with those requirements. h) The health care provider has considered all bids received and selected the most cost-effective method of providing the requested services as defined in the FCC's rules and instructions. i) Eagle County Government is not requesting support for the same service from any other federal funded program. j) The applicant understands that any letter from the Universal Service Administrative Company (USAC), the Administrator of the Healthcare Connect Fund, that erroneously commits funds for the benefit of the applicant may be subject to rescission. k) To the best of the applicant's knowledge, information and belief, the health care provider has received the network build-out or related services itemized on the submitted and the 35 percent minimum funding contribution for each item on the invoice was funded by eligible sources as defined in the FCC's rules and has been provided to the service provider. l) All documentation associated with the forms must be kept for a period of five years (including copies of the submitted Forms), including but not limited to, For Form 461: any bids/contract resulting from the Form 461 posting, scoring sheet, and other information that was used in the decision-making process) from the last day of the funding year; and For Form 462: all bids, contracts, scoring matrices, and other information associated with the competitive bidding process, and all billing records for services received. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager DocuSign Envelope ID: 7B435462-21C1-4E0B-8963-3894B6BC9D40