HomeMy WebLinkAboutC84-016 Colorado Department of Healtha
Department or Agency Number
260000
Contract Routing Number
CONTRACT
1984-85 Home Health Agency
C,�/, «'r_-YV.3
THIS CONTRACT, made this 1st day of July, 1984, by and between the
State of Colorado for the use and benefit of the Department of Health,
Office of Health Care Services, Community Maternity Program,
4210 East llth Avenue, Denver, CO 80220 ,hereinafter referred to as the
State, and .AQARD OF COUNTY COMMISSIONERS, EAGLE COUNTY FOR THE EAGLE COUNTY
hereinafter referred to as the Contractor. NURSING SERVICE, P. 0. Box 942
Avon, Colorado 81620
WHEREAS, authority exists in the Law and Funds have been budgeted,
appropriated and otherwise made available and a sufficient unencumbered
balance thereof remains available for payment in Fund Number 1001 , GL
Account Number 53787 Contract Encumbrance Number C301303 ;
and
WHEREAS, required approval, clearance and coordination has been ac-
complished from and with appropriate agencies; and
WHEREAS, the University of Colorado Health Sciences Center has been
awarded monies under the provisions of HOUSE BILL 1425, Fifty -Fifth
General Assembly, 1984, First Regular Session, to maintain the Community
Maternity Program (CMP) for medically indigent, low risk women and their
newborn infants; and,
WHEREAS, the University of Colorado Health Sciences Center has
entered into an agreement with The Colorado Department of Health whereby
the Colorado Department of Health will continue to administer the
Community Maternity Program (CMP); and
WHEREAS, the State has determined that a skilled home nursing visit
program, is a necessary component of a Community Maternity Program; and,
WHEREAS, the State has determined that the Contractor is capable of
providing a home visit program for Community Maternity patients; and
NOW THEREFORE, it is hereby agreed that for and in consideration of
their mutual promises to each other, hereinafter stated, the parties
hereto agree as follows:
1. The Contractor shall provide a program for home visitation
for patients enrolled in the Community Maternity Program in accor-
dance with the following guidelines;
A. Eligibility shall be determined using the following
criteria:
1. The patient must be medically low risk at
thirty-seven (37) weeks gestational age according to
the "Antepartum Risk for Maternity Patients" form, a
copy of which is supplied by the State to the
Contractor and must be be maintained by the Contractor.
2. The patient must be medically indigent and, there-
fore, able to pay for only a portion of her maternity
care according to the University of Colorado Health
Sciences Center ability -to -pay scale supplied by the
State.
3. The patient must not be on Medicaid or be Medicaid
eligible. Medicaid eligible patients must apply and be
Page 1 of 6 pages
rejected for Medicaid prior to participating in this
Program. Patients with private insurance with full
maternity benefits are not eligible for the program.
Any third party insurance payments are deductible from
the amount to be reimbursed by the Community Maternity
Program. If the insurance payment is equal to or
greater than the amount to be reimbursed by the
Community Maternity Program the patient is then not
eligible.
B. The Public Health Nurse/Registered Nurse will assure
that all patients who are discharged early will have adequate
follow-up through a home visit, a visit to a physician's
office or a health care clinic within 24 hours post hospital
discharge. The Public Health Nurse/Registered Nurse will
also contact each local participating hospital at least twice
weekly to determine who has delivered.
C. If home visits are provided, up to two (2) visits will
be reimbursed through the CMP when these home visits are made
by a Public Health Nurse/Registered Nurse supervised by the
Contractor or provided through subcontracts by the Contractor
with a certified home health agency. One home visit is to be
made within 24 hours post hospital discharge (weekends and
holidays included), and the timing of the other visit is to
be at the discretion of the nurse.
D. The schedule of home visits shall be made in consulta-
tion and with approval of the State.
E. The home visits shall be provided by a public health
nurse/registered nurse trained in the assessment of mothers
and their newborn infants. The Contractor shall provide
weekend/holiday coverage as needed and assure biling-
ual/bicultural services as appropriate.
F. The content and procedure for the home visits shall be
in a manner to be agreed upon by the State and the Contractor.
G. For the purpose of this contract, "Home Health Agen-
cies" shall mean a public agency or private organization
which is primarily engaged in providing skilled nursing and
other therapeutic services under the supervision of a physic-
ian or registered professional nurse. Each home health
agency must maintain clinical records on all patients and be
in compliance with all local, state and federal licensing and
participation laws.
2. It is anticipated that Contractor will make up to TEN (10)
visits through the term of this contract.
3. In consideration of the provisions of services and reporting
as set forth herein, and upon receipt of signed monthly reimburse-
ment request forms to be supplied by the State, the State will cause
to be paid to the Contractor a sum not to exceed FOUR HUNDRED
DOLLARS AND NO CENTS ($400.00), as follows, subject to verification
by the State of full and satisfactory compliance with the terms of
this contract:
A. A sum not to exceed FORTY DOLLARS AND NO CENTS ($40.00)
per visit for each woman enrolled and delivered through the
Community Maternity Program;
B. Completion and submission of all monthly reports as re-
quired by the State.
4. Payment pursuant to this contract will be made as earned, in
whole or in part from available State funds encumbered in an amount
not to exceed ONE MILLION SEVEN HUNDRED SIXTY-ONE THOUSAND SEVEN
HUNDRED SIXTY DOLLARS AND NO CENTS ($1,761,760.00) for the purchase
Page 2 of 6 pages
of community low risk maternity delivery services. It is further
understood and agreed that the maximum amount of State funds
available for Fiscal Year 1984-1985 for the purchase of community
low risk maternity delivery services is in the amount of ONE MILLION
SEVEN HUNDRED SIXTY-ONE THOUSAND SEVEN HUNDRED SIXTY DOLLARS AND NO
CENTS ($1,761,760.00) or such lesser amount as may be mandated by
executive order or legislative action. The liability of the State,
at any time, shall be limited to the unencumbered amount remaining
in such funds.
5. Changes in reimbursement amounts for the above -named services
in consideration of increased or decreased levels of utilization
from the levels funded in the original contract shall be made with
approval of Contractor, the State (Community Maternity Program) and
the State Controller as evidenced by a mutually signed Letter of Ap-
proval which shall include the following:
A. Identification of contract by contract number and num-
ber of affected paragraph;
B. Type of services increased or decreased;
C. Amount of increase or decrease in funding;
D. Effective date of the funding change;
E. Authorized signatures of the State and the Contractor.
It is understood that no change except funding amounts and
resulting changes in utilization shall be made through the
Letter of Approval.
6. No full-time officer or employee of the State or any firm,
organization, corporation or partnership which such officer or em-
ployee owns, controls or directs shall receive funds from the Con-
tractor, directly or indirectly, in payment for services provided in
connection with this contract.
7. This contract is not assignable without the prior, written
consent of the State.
8. The term of this contract is from July 1, 1984 through
June 30, 1985.
Page 3 of 6 pages
COLOAADO 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 loss,
and against all claims and actions based upon or arising out of damage or
injury, including death, to persons or property caused by or sustainers in
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.
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 Stare Health Department within 60 days after the end of the
contract term.
If applicable, Local Match is to be submitted on the monthly
reimbursement statements, in the column provided, as required by the funding
source.
Pace 4 of 6 pages
�. Forrf� 6-AC4)211
CONTROLLL:R'S APPROVAL.
SPECIAL. PROVISIONS
1. This contract shall not be deemed valid until it shall have been approved by the Controller of the: State of Colorado or such
assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being ahpri�hri.a��f.
budgeted and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, ntaurtcn:uiI.C .
or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor ,hall.
before entering upon the peribmiance of any such work included in this contract, duly execute and deliver to and file with the official
whose signature appears below for the State, a good and sufficient bond or other acceptable surety to be approved by said oflicial
in a penal sum not less than one-half of the total amount payable by the ternis of this contract. Such bond shall be duly c \ccuted
by a qualified corporate surety, conditioned for flee due and faithful performance of the contract, and in addition. shall Provikic (fiat
if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other
supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done, the surct\ 1e ill
pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annun;.
Unless such bond. when so required, is executed, delivered and tiled, no claim in favor of the contractor arising under thi• cor:tr:«t
shall be audited, allowed or paid. A certified or cashier's check or a bank money carder made payable to the "Treasurer i,i' tilt titatc
of Colorado may be accepted in lciu of a bond. ,
MINIMUM WAGE
4. Except as otherwise provided by law, if this contract provides for the payment of more than five thow-artd
dollars and requires or involves the employment of laborers or mechanics in the construction, alteration or repair of
anv building or other public work, (except highways, highway bridges, underpasses and highway structure,, of all
kinds) within the geographical limits of the State, the rate of wage for all laborers and mechanics employed b% the
contractor or any subcontractor on the building or public work covered by this contract shall be not less than the
prevailing rate of wages for work of a similar nature in the city, town, village or other civil subdivision of the State in
which the building or other public work is located. Disputes respecting prevailing rates will be reeolved as prodded in
8-16-101, CRS 1973, as amended.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957. as acne ndcd
and other applicable law respecting discrimination and unfair employment practices (24-34-402, CRS 1979 supplement). in(! :rs
required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, they t'011ou ing Pnori-
sions shall be contained in all State contracts or sub -contracts.
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment becaosc of
race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
The contractor will take affirmative action to insure that applicants are employed, and that emploN cc, are
treated during employment, without regard to the above mentioned characteristics. Such action shall 111clude.
but not be limited to the follo%%ing: employment, upgrading, demotion, or transfer, recntittnctit or
recruitment advertisin&�; 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 pro%ided 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 without regard to
race, creed, color, national origin, sea, marital status, religion, ancestry, mental or physical handicap, or age.
(3) The 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 provided 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, regulations 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•53-01-1022
6
page- of pages
*%WO
Form 6-AC-02C
(7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or
with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in
whole or in part and the contractor may be declared ineligible for further State contracts in accordance with
procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and
the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be
imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative
Action of April 16, 1975. or by rules, regulations, or orders promulgated in accordance therewith, or as
otherwise provided by law.
(8) The contractor will include the provisions of paragraphs (1) through (9) in every sub -contract and
sub -contractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive
Order, Equal Opportunity and Affirmative Action of April 16. 1975, so that such provisions will be binding
upon each sub -contractor or vendor. The contractor will take such action with respect to any subcontracting
or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including
sanctions for non-compliance; provided, however, that in the event the contractor becomes involved in, or is
threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting
agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest
of the State of Colorado.
COLORADO LABOR PREFERENCE
6. Provisions of 8-17.101. & 102, CRS 1973 for preference of Colorado labor are applicable to this contract if
public works within the State are undertaken hereunder and are financed in whole or in part by State funds.
fti?I1►1 :71t"; g
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in
the interpretation, execution and enforcement of this contract. Any provision of this contract whether or not
incorporated herein by reference which provides for arbitration by any extra -judicial body or person or which is
otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in
any provision incorporated herein by reference which purports to negate this or any other special provision in
whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,
defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate
the remainder of this contract to the extent that the contract is capable of execution.
8. The signatories hereto aver that they are familiar with I8-8-301, et seq., (Bribery and Corrupt Influences)
and I8-8-401, et seq.. (Abuse of Public Office). C.R.S. 1973. as amended. and that no violation of such provisions is
present.
9. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest
whatsoever in the service or property described herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above written.
BOARD OF COUNTY COMMISSIONERS STATE OF COLOR.ADO
EAGLE COUNTY FOR THE RH:HARD 1). LAMM. GOVERNOR
EAGLE COUNTY NURSING SERVICE
Contractor�dL� - _✓�
Position Cheri-rman_
By—c--- --
r t e Ixt. uTlvF DIRECTOR.
DEPARTMENT
OF HEALTH--_
S,rial S,reurih Number
or
Federal I.I). Number
APPROVALS AMES q; STROUP
ATTORNI N ct \1RAI _ DU N WOODARD cONrROLLER _
By _ By
395-.;3-02-10310 Page-6--which is the last of 6 pages
*See instructions on reverse side.
