HomeMy WebLinkAboutC99-072 Columbine Home Health Services.W
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THE COUNTY OF EAGLE, STATE OF COLORADO
AND
COLUMBINE HOME HEALTH SERVICES
THIS AGREEMENT, made and entered into this lzV"_ day of 40
, 1999 by and
between the Board of County Commissioners of the County of Eagle State of Colorado, a body
corporate and politic (hereinafter referred to as the "County") and Columbine Home Health
Services, (hereinafter referred as the "Contractor").
WITNESSETH:
THAT, in consideration of the mutual promises, covenants and conditions contained herein, the
parties hereto agree as follows:
1. SCOPE
A. The County hereby contracts with the Contractor for homemaker services for low income
(below 200% of the Federal poverty level) to Eagle County residents who are determined by
professional nursing assessment to be in need of homemaker services and who, by virtue of the
extent of services identified in the nursing assessment, are not eligible for volunteer homemaker
services through the Senior Link program.
B. Service Unit Cost - Homemaker Services will be purchased by the County from the
Contractor on a service unit basis of $25/ hour less the fee paid by the client, with a minimum
billing unit of 1/4 hour.
C. Eligibility for Purchase of Homemaker Services - Columbine Home Health Services or Eagle
County Public Health Services will determine eligibility for purchased services. Persons eligible
for purchase under this agreement are individuals and families who are not eligible for coverage
under Medicaid, Medicare, Employee Assistance or Health Insurance programs and whose gross
income does not exceed 200% of federal poverty level and who indicate they cannot pay the full
rate of care of Columbine Home Health Services.
Individuals and families requesting assistance will complete a family financial statement for the
purposes of determining eligibility. An additional fee may be assessed by the Contractor not to
exceed the difference between the amount of subsidy under this Agreement and the fee under the
Contractor's Uniform Ability to Pay Scale.
Agreement between EAGLE COUNTY
and Columbine Home Health Services
PAGE 2
D. Access to Services -
I. Clients may be referred to Columbine Home Health Services from the Eagle County
Department of Health and Human Services. A referral form and authorization for payment will
be provided by the County.
I Clients may contact the Contractor directly for services and request assistance with the
cost of homemaker services.
E. Billing for Services - The Contractor shall submit to the County a monthly statement of
services provided to authorized client families. The maximum amount for purchase under this
agreement is $4,200.
2. PERIOD OF AGREEMENT
A. The term of this Agreement shall commence January 1,1999, and end December 31,1999.
However, the County may terminate the contract between the County and the Contractor
(therefore terminating this Agreement) on 10 days' notice if it is deemed by the County that the
Contractor is not fulfilling the program as specified in this agreement, or for other sufficient
reasons. Any unexpended funds may be required to be returned to the County as well as any
funds not properly expended according to project objectives.
Notwithstanding the above, in the event the Contractor becomes insolvent, or is declared
bankrupt, or dissolves, then the County may declare in writing that this Agreement is terminated, .
and all rights of the Contractor and obligations of the County shall thereupon terminate and cease
immediately.
3. CONTRACTOR'S DUTIES
The Contractor shall comply with the following requirements:
A. All funds received under this Agreement shall be expended solely for the purpose of which
granted, and any such funds not so expended, including funds lost or diverted to other purposes,
will be returned to the County.
B. The Contractor shall maintain adequate records of matching expenditures for reporting to the
County. The Contractor shall maintain all records pertaining to this Agreement for a minimum
of three years and may be subjected to an audit by federal, state, or county auditors or their
designees as requested. If misuse of funds is discovered by an auditor, the Contractor shall
return said misused funds to the County.
C. The Contractor authorizes the County to perform audits and to make inspections during
normal business hours at the convenience of the Contractor, with 48 hours written notice, for the
purpose of evaluating performance under this Agreement
Agreement between EAGLE COUNTY
and Columbine Home Health Services
PAGE 3
4. NOTICE
Any notice provided for herein shall be given in writing by registered or certified mail, return
receipt requested, which shall be addressed as follows:
THE COUNTY:
Eagle County
c/o County Attorney
P. O. Box 850
Eagle, CO 81631
THE CONTRACTOR:
Columbine Home Health Services
c/o Kim Oliver
457 West Main Street
P.O. Box 919
Newcastle, CO 81647
5. MODIFICATIONS AND WAIVER
The Contractor shall not assign any rights or duties under this Agreement to a third party without
the written consent of the County, which shall determine the acceptability of the third party to the
County. Any effort to effect such an assignment without the written consent of the County will
terminate the Agreement immediately at the option of the County.
6. INSURANCE
At all times during the terms of this Agreement, Contractor shall maintain the following
insurance:
Workers' Compensation
Employer's Liability, including
occupational disease
Comprehensive Automobile Liability,
including all owned, non -owned, and hired
vehicles.
Comprehensive General Liability, including
form property damage.
Statutory
$500,000
$100,000 per person and $300,000 per
occurrence or as specified in the Colorado
Governmental Immunity Act, whichever is
greater.
$150,000 per person and $600,000 per broad
occurrence or as specified in the Colorado
Governmental Immunity Act, whichever is
greater.
440V
Agreement between EAGLE COUNTY
and Columbine Home Health Services
PAGE 4
7. MISCELLANEOUS
A. The parties of this Agreement intend that the relationship of the Contractor to the County is
that of an independent contractor, No agent, employee or volunteer of the Contractor shall be
deemed to be an agent, employee or volunteer of the County.
B. This Agreement shall be binding upon and inure to the benefit of the Contractor and the
County and their respective heirs, legal representatives, executors, administrators, successors and
assigns: provided, however, that neither party may assign nor delegate any of its rights or
obligation hereunder without first obtaining the written consent of the other party.
C. In the event that a dispute should arise relating to the performance of the services to be
provided under the Agreement, and should that dispute result in litigation, it is agreed that the
prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the
claim, including staff time, court costs, attorney's fees, and other claim related expenses.
D. The validity or unenforceability of any particular provision of this Agreement shall not affect
the other provisions hereof, and this Agreement shall be construed as if such invalid and
unenforceable provisions were omitted.
E. Contractor shall indemnify and hold harmless the County, its Board of Commissioners, and
the individual members thereof, its Commissions, agencies, departments, officers, agents,
employees, servants, and its successors from any and all demands, losses, liabilities, claims or
judgements, together with all costs and expenses incident thereto which may accrue against, be
charged to, or be recoverable from the County, its Board of County Commissioners, and the
individual members thereof, its commissions, agencies, departments, officers, agents, employees,
or 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.
F. The contractor shall comply with all applicable laws, resolutions, and codes of the State of
Colorado and Eagle County.
G. No person shall have any personal financial interest, direct or indirect, in this Agreement.
H. The County's financial obligations under this Agreement are contingent upon its receiving
sufficient revenues within its budget.
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Agreement between EAGLE COUNTY
and Columbine Home Health Services
PAGE 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on T� 99 ,
1999. The parties hereto have signed this Agreement in quadruplicate. One counterpart each has
been delivered to the County and the Contractor.
County of Eagle, State of Colorado,
By and Through Its BOARD of COUNTY COMMISSIONERS
ATTEST:
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Clerk o he Board of Ch ' erson
County Commissioners Eagle County Board of Commissioners
CONTRACTOR: Columbine Home Health Services
BY: 1c. „O l_
TITLE: �X�li�F;�,e Dire c 1 n
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