HomeMy WebLinkAboutC81-070 CDPHEs 1
Vmw 0-AC-02A MIEN-r OR AGENCY NUMBER
260000
Cor:-rRAcr Ro -r c NUMBER
CONTRACT
THIS CONTRACT, made this 15th day of _____I•iay 19 °
�.-I.by and between the
Stale of Colorado for the use and benefit of the Department of '' _ Heal t 1 , Di vi s i on of Maternal
N%Nop� .arui--Z-hi1_d-He a I t h Ser_v-ices_ _----
hereittafter referred to as the State, and .2 THE B.QARDOE
QI�NTY� M I SS I ONERS , EAGLE COUNTY ,
Ea g.l..e.,_ _C.Qh.r�sia._816.3.1_______—
hcreinafter referred to as the contractor,
WHEREAS, authority exists in the L.:,w and Funds have bt:en budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance thereof rernains available for payment in Fund Number 1001
G/1. Account Nuniber-9-19ZZ_, Contract Encumbrance Number _C298014 : and
WIMIEAS, required approval. clearance and coordination has been accomplished from and with appropriate
:,l:ei,cies, and
WHEREAS. '3 the State has been awarded monies to implement "A Proposal For a
Contract to Provide Case Management and Outreach to Eligible E.P.S.D.T. Families
(Early and Periodic Screening, Diagnosis and Treatment)" by the Colorado Depart-
ment of Social Services; and
WHEREAS, the said "Proposal" calls for case management and outreach activities
to be implemented through subcontracts with local health agencies; and
WHEREAS, the State will contract with the contractor to assure that Medicaid
1%001 children eligible for EPSDT receive preventive and curative health care and treat-
ment and that the families of said children are informed about the benefits of
health prevention and promotion in such a way as 'to encourage their participation
in the EPSDT program.
1* '
NOW TfiEREFORE, it is hereby agreed that for and in consideration of their mutual
promises to each otter hereinafter stated, the parties hereto agree as follows:
1. The contractor will perform an EPSDT outreach component by contacting
EPSDT-eligible families in Eagle
county(ies) on the priority basis as designated in the "Proposal" to explain the
value of EPSDT and the importance of preventive health care measures and to offer
and provide assistance in overcoming obstacles for obtaining EPSDT services.
2. The contractor shall be responsible for carrying out the activities as
defined by the October- 1, 1979 EPSDT Regulations and making any changes in procedures
which may be warranted by Federal audits.
3. The contractor shall provide to the Colorado Department of Health on a
monthly basis information documenting contact and case management procedures, in
accordance with the written directives of the State.
4. Upon written notification by Social Services of implementation of Medicaid
Management Information System (MMIS), contractor shall utilize the MMIS information
for individual case management activities where appropriate.
5. The contractor shall document and make available the following information
to the Colorado Department of Social Services and/or federal auditors upon receipt
of a written request from the State:
a. The date a recipient was contacted by the contractor.
b. The date(s) a recipient requested assistance for EPSDT services and the
date(s) a recipient refused assistance for EPSDT and reason, if possible.
c. The date the recipient was offered initial or periodic EPSDT services
and the date of declination of services.
d. The name and address of provider chosen by recipient.
e. The names of AFDC families or recipients who chose to receive services
from a provider who does not provide the full range of EPSDT services, the
date on which they requested services that are not covered by that provider,
and the dates that the requested services were provided.
f. The type of support services provided to a recipient, e.g., transpor-
tation, scheduling of appointments.
395.53.01-0010
• Page i of 5 pages
'(See instructions on reverse of last page.}
CONTRACT
g. The date EPSDT services were provided to the recipient as reported
by the recipient.
h. Documentation and reasons for all recipients requiring no further
case management responsibility; e.g., number refusing assistance, break-
ipg appointments for initial or follow-up screen, no longer eligible.
i. Documentation of follow-up to ascertain if treatment was provided.
j. The names of the recipients who required treatment for conditions
not covered by the plan and documentation of the efforts to refer them
to providers willing to treat them at little or no expense to the family.
k. Dates of all periodic recontact.
1. Documentation of referral, when needed, to Title V programs.
6. The contractor shall assist families requiring transportation to providers
of EPSDT services in obtaining said transportation in the most cost efficient and
reasonable manner possible.
7. The contractor shall assure that all personnel employed to provide EPSDT
outreach and case management activities will receive professional supervision by
public health nursing personnel or other skilled medical personnel.
8. The contractor will assure that all personnel assigned to perform EPSDT
outreach and case management activities will be available for all training to be
deemed necessary.
9. The State will, in consideration of said services and reporting by the
contractor, cause to be paid to the contractor a sum not to exceed Three Thousand
Seven Hundred ninety--Ei g t and �tn�Dol l &rs (�3,798.00)
`.r in the following manner, subject to verification by the State of full and satis-
factory compliance with the terms of the contract; including, but not limited to:
a. Upon receipt by the State of a signed monthly statement in triplicate
from the contractor requesting reimbursement, in accordance with the cate-
gori-es and line items of the budget set forth in Attachment A of this con-
tract. Said statement shall also report amounts expended from matching
funds if such funds have been stipulated in the budget, Attachment A. of
this contract. Monthly statements shall be rendered by the contractor,
in conformity with the format to be supplied to the contractor by the
State. An initial supply of the subject statement forms will be supplied
to the contractor and additional forms as requested thereafter.
b. Satisfactory compliance with all reporting requirements as set forth
in this contract.
10. This contract is not assignable without written consent of the State.
11. Expenditures of funds by the contractor shall be governed by the budget,
Attachment A, which by this reference is incorporated herein. Transfers of funds
from one category or line item by the contractor must have the prior, written
Iftr/ approval of the State.
12. The term of this contract is from July 1, 1981 through June 30, 1982.
13. Time is of the essence in the performance of this contract.
14. All material and information provided to the contractor by the State or
obtai*ned by the contractor pursuant to i-ts duties hereunder shall be regarded as
confidential and all necessary steps shall be taken by the contractor to safeguard
the confidentiality of such material and information in conformance with Federal
and State laws and regulations.
Page-2 of 5 pages
I
COLORADO DEPARTMENT OF HEALTH- hereinafter, under the General Provisions,
referred to as "Health".
GENERAL PROVISIONS
The parties of this Contract intend that the relationship between
them contemplated by this Contract is that of employer -independent contractor.
No agent, employee, or servant of Contractor shall be or shall be deemed to
be an employee, agent, or servant of Health. Contractor will be solely and
entirely responsible for its acts and the acts of its agents, employees,
servants, and subcontractors during the performance of this Contract.
At all times during the performance of this Contract, the Contractor
shall strictly adhere to all applicable federal and state laws that have been
or may hereafter be established.
Contractor authorizes Health to perform audits and to make inspections
for the purpose of evaluating performance under this Contract.
Contractor shall indemnify Health against all liability and'ioss,
and against all claims and actions based upon or arising out of damage or
injury, including death, to persons or property caused by or sustained in
N%WW connection with the performance of the Contract or by conditions created
thereby, or based upon any violation of any statute, ordinance, or regula-
tion and the defense of any such claims or actions.
Either party shall have the right to terminate this agreement by
giving the other party thirty days notice by registered mail, return receipt
requested. If notice is so given, this agreement shall terminate on the
expiration of the thirty days, and the liability of the parties hereunder
for the further performance of the terms of this agreement shall thereupon
cease, but the parties shall not be relieved of the duty to perform their.
obligations up to the date of termination.
This agreement is intended as the complete integration of all
understandings between the parties. No prior or contemporaneous addition
deletion, or other amendment hereto shall have any force or effect whatso-
ever, unless embodied herein in writing. No subsequent novation, renewal,
addition, deletion, or other amendment hereto shall have any force or effect
unless embodied in a written contract executed and approved pursuant to the
State Fiscal Rules.
If this contract involves the expenditure of federal funds, this
contract is contingent upon continued availability of federal funds for
payment pursuant to the terms of this agreement.
If this contract includes reimbursement for personal services,
payrolls must be supported by time and attendance or equivalent records for
individual employees. Salaries and wages of employees chargeable to more
than one grant program or other cost objective will be supported by appro-
priate time distribution records. Copies of time certifications shall ac-
company billings for the period to which they apply.
To be considered for payment, billings for reimbursement pursuant to
this contract must be received within 60 days after the period for which
reimbursement is being requested and final billings on the contract must be
received by the State Health Department within 60 days after the end of the
contract term.
Page 3 of 5 pages
Fwm 6-AC-02B SPECIAL PROVISIONS
CONTROLLER'S APPROVAL.
\ftw�
1. This contract shall not be deenled valid until it s11a11.have 1>tln apprmrd by the Controller of the Siale of
Colorado or such assistant as he may deNi note. This provision i.:,pplic:i1Hc 1,) :ell\ cm tract inv(dvin", the t1:r\ relent of
money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable after the current fiscal \ ear• are oni(in<gent upon funds fur tllat
purpose being appropriated, btidgeted and otherwise made available.
FOND REQUIREMENT
3. If this contract involves the payment of more than tell thousand dollars for the con<trllcllurl. errctlt)rt. It{:air,
maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or cutler public \%(,rk
State, the contractor shall, before entering upon the performance of any ,uch %vork included in this ct fntruct,
execute and deliver to and file with the official whose signature appears hclow for the State, a ;-iod :md suf!iL >• :!;
bond or other acceptable surety to be approved by said official in it penal stint not less than one-half of th", 1t;ll
amount payable by the terms of this contract. Such bond shall he dul}' executed by a qualified corpomic
conditioned for the due and faithful performance of the contract, and in addition, shall provide that if the: contraC01- I)r
his subcontractors fail to duly pay for any labor, materials, team hire. sustenance, provisions, pro%endcr- oz ,,t�,:.•
supplies used or consumed by such contractor or his subcontractor in peformance of the work contracted it) he
the surety will pay the same in an amount not exceeding the suns specified in the bond, together with lntcrc�'t a* the
rate of' eight per cent per annum. Unless such bond, when so required, is executed. delivered and filed, [w eta::;: M
favor of the contractor arising under this contract shall be audited, allowed or paid. A certified or cashier's che6-. or a
bank money order made payable to the Treasurer of the State of Colorado may he accep(ed in leiu of a honcf.
MININIU:M WAGE
4. Except as otherwise provided by law, if this contract provides for the payment of more than fi%e thou,,;md
dollars and requires or involves the employment of laborers or mechanics in the construction, alteration ,r rrp.ilr oC
any building or other public work, (except highways, highway bridges, underpasses and highway, structure. of all
hinds) within the geographical limits of tile State, the rate of wage for all laborers and mechanics employecd _hv llle
s-WWW contractor or any subcontractor on the building or public work covered by thi,, contract shall be not less than tilt,
prevailing rate of wages for work of a similar nature in the city, town, villa�,e or other civil subdivision oi' di- Statk• �in
which the building or other public work is located. Disputes respectin prevailing rates will be resolved as prop icdeo' In
8-16-101, CRS 1973. as amended.
DISCRIMINATION AND AFFIRMATIVE ACTION
S. The contractor agrees to comply with the letter and spirit of the CoI<)rado ;lntidiwrimination lit t cif 1'% :-'.
as amended, and other applicable law respecting discrimination and unfair employment practices (24-3-1-301,
1973, as amended), and as required by Executive Order, Equal Opportunity inol Affirmative :fiction, elated April 16,
1975. Pursuant thereto, the following provisions shall he c onlainecl in all .viola c ontrucls or suh-c ontruc•ls.
During the performance of this contract, the contractor agrees as follmvs:
(1) The contractor will not discriminate against any employee or applicant for employment becatlse of
race, creed, color, national origin, sex, marital status, religion, ancestry, meat;ll or physical handicap, or :toe
The contractor will take affirmative action to insure that applicants are employed, and that employees are
treated during employment, without regard to the above mentioned characteristics. Such action shall include.
but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or
recruitment advertising~; lay-offs or terminations: rates of pay or other forms of compensation; and selection
for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting forth
provisions of this non-discrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment %Nitllout regard to
race, creed, color, national origin, sex, marital status, religion, ancestn% mentril or physical handicap, or age.
(3) 17he contractor will send to each labor union or representative of workers with which he has collective
bargaining agreement or other contract or understanding, notice to be pro%ided by the contracting officer.
advising the labor union or workers' representative of the contractor's committment under the Executive
Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and
relevant Orders of the Governor.
(4) The contractor and labor unions will furnish all information and reports required by Executive Order,
Equal Opportunity and Affirmative Action of April 16, 1975. and by the rules, regtilations and Orders- of the
Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance
with such rules, regulations and orders.
(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in
such labor organization, or expel any such individual from membership in such labor organization or
discriminate against any of its members in the full enjoyment of work opportunity, because of race, creed,
color, sex, national origin, or ancestry.
(6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce
the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from
complying with the provisions of this contract or any order issued thereunder; or attempt, either directly or
indirectly, to commit any act defined in this contract to be discriminatory.
395-53-01-C 028 page---4,— of -5- pages
• Form 6-AC--62C
(7) In the event d"RI'e contractor'% non-compliance with the non-dis ritnination clauses of this contract or
with any of such rules, regulations. or orders, this cons m:cl 6iay he cancelled. lcnninated or suspended in
whole or in part and the contractor may be declared ineligible for further State contracts in accordance with
procedure, authorized in Executive Order, Equal Opportunity and Affirmative Action of :April 16. 1975 and
the rides, regulation. or orders promulgated in accordance Ihercwith. and such other sanctions as Ina% be
imposed and remedies as nuty be invoked as provided in F\eciinve Order, Equal Oppurtonity and Affirmative
Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as
otherwise provided by law.
Nalo, (8) 71te contractor will include [he provisions of paragraphs (II through ISI in evensub-contract and
sub -contractor purchase order unless c\empted by odes. regulations. or orders issued pursuant to E\ecutive
Order, Equal Opportunity and. Affirmative Action of :April 16, 197S, so that such provisions will be binding
upon each sub -contractor or vendor. llhe contracu,r will take such action with respect to any suh-contrteting
or purchase order as the contracting agency may direct. n.:1 means of enforcing such provisions, including
sanctions for non-compliance; provided, hu%ve%cr, that in the event the contractor becomes involved in, or is
threatened with, litigation with till' lill)C nlraclor of vendor as a result of such direction by the contracting
agency, [he contractor nhav request the State of Color--ido to enter into such litigation to protect the interest
of Ilse State of Colorado.
`ii
COLORADO LABOR PREFERENCE
6. Provisions of 8-17-101. & 102. ('R.S 10-3 for prctcrence of ( (brad" lehor are applicable to this contract if
public works within the Stale are undertaken hereunder and :tire fin:utced in whole or in part by State funds.
GENERAL
7. The laws of the State of Colorado and rule, and regulations issued pursuant thereto shall be applied in
the interpretation, execution and enforcement of Ellis contract. ,\n%y pro%ision of this contract whether or not
incorporated herein by reference %%hick prmidcs for arbitration bn y a\ c\im-judicial body or person or which is
otherwise in conflict with said laws. rule.:md regulations shall he considered null and void. Nothing contained in
any provision incorporated herein by relffenec %%hick purports 10 regale this or any nlher special provision in
whole or in part shall be valid or enforceable or :mailable in :ntv action at la%c whether by wary of complaint,
defense or otherwise. Any provision tendered null and %oil by the operation of this provision will not invalid:ile
the remainder of this contract to the extent that the contract is capnhle of execution.
R. The signatories hereto ❑%vr that they are familiar \%ith Ih x- 01. ci seq., (Bribery ❑rid Corrupt Influenced
and I8-8-401. et seq.. I:Abuse of Puhlic Ol7iccl. C.K.S. 1973, as annmdcd, and that till violation of such provisions is
present.
9. the signalurics :ncr that to their kuoeicdgc. till state employee lull any personal ur beneficial interest
wh: lsne\er in the wnice or property described herein.
IN WITNESS WHEREOF. the parties hereto have exectted tills Agreement on the dap first above written.
THE BOARD OF COUNTY COMMISSIONERS, SlAII 01:(01ORADO
EAGLE COUNTY ' cf� %'� RICII:ARL) 1) I. k11N1. G(IVF,RN0R
C'omracohr for thleA[<trn'rout[crolt.
DEMIZIMENT
Position _ Chairman --._-- Ol - -_. HEALTH_
A'l -[U H.A ICI
Sueial .seniiily \umhr,
:APPROVALS
sy
t Solic/tor General
Legal Services
Program Approval by:
Page 5 which is the last of-5_ -_pages
'See instructions on reverse side.
395.53-02-CO35
r
a �t fAttachment A
J � /
E.P.S.D.T. BUDGET
Eagle County
July 1 , 1981 to June 30, 1982
Case Managers . . . . . . . . . . . . . . . . . . . . . $ 32046.00 --
Fringe Benefits . . . . . . . . . . . . . . . . . . . . $ 202.00
Administrative Cost . . . . . . . . . . . . . . . . . . $ 300.00
Travel . . . . . . . . . . . . . . . . . . . . . . . . . $ 250.00
Total $ 39798.00
Date: 5-1-81
