No preview available
HomeMy WebLinkAboutC84-013 Colorado Department of Health- Form 6-AC-02A r 13EPARTMENT OR AGENCY NUMBER • ONTRACT ROUTING NUMBER s--J rorvTaAcT �_�ar-a 73 THIS CONTRACT, made this 1 S t day of July 19 84 by and between the State of Colorado for the use and benefit of the Department of " _ d 0 14EAI TDivision of Med i cal Affairs ---and Sppr_i l Progr�BS 4210 Fa_-,l l lth ,Avr. Colorado 80220 hereinafter referred to as the State, and .2 THE BOARD OF COUNTY COMMISSIONERS, EAGLE COUNTY, hereinafter referred to as the contractor, WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains ava i l � / payment in Fund Number_._, G/L Account Number �3�_, Contract Encumbrance Number �� ; wid WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, .3 the State has been awarded monies to implement "A Protocol to Accompany a Contract to Provide Non -Medical Case Management and Outreach to Eligible E.P.S.D.T. Families (Early and Periodic Screening, Diagnosis and Treat- ment)" by the Colorado Department of Social Services; and WHEREAS, the .said "Protocol" calls for non -medical 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 Aid to Families with Dependent Children (AFDC) who are eligible for EPSDT receive pre- ventive and curative health care and treatment 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. 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 will perform an EPSDT non -medical outreach component by contacting EPSDT-eligible families in Eagle county(ies) on the priority basis as designated in the "Protocol" 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 pro cedures which may be warranted by Federal reviews. 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 iwplementation of Medicaid Management Information System (MMIS), contractor shall utilize the MMIS information for individual case management activities there appropriate. 5. The contractor shall docui,ient and make available the following i nfonna ti on to the Colorado Department of Social Services and/or federal reviewers 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 except for Primary Care Physician. e. The names of AFDC families or recipients who chose to receive services from a provider who does not provide the full ranee 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 recipient; e.g., transportation, scheduling of appointments. 395-53-01-CO 10 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, breaking 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 non -medical 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 non -medical 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 Five Thousand Three Hundred Eighty -One and no/100 Dollars ($5,381.00) _ 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 duplicate from the contractor requesting reimbursement, in accordance with the cate- gories and line i ten?s of the budget set forth in Attachment A of this contract. 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 compl i ance wi th al 1 reporti nq 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 approval of the State. 12. The term of this contract is fro;j: Jul, 1_, _1'?84 through June 30, 1985. 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 obtained by the contractor pursuant to its 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 COLORAOO.OEPARTMENT 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 sustained 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. Page 3 of 5 paces Form 6-AC-02B SPECIAL PROVISIONS i CONTROLLER'S APPROVAL 1. This contract shall not he 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 appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars fir the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included in this contract, duly execute arid deliver to arid file with the official whose signature appears below for the State. a gooxf and sufficient bond or other acceptable Surety to be approved by said official in a penal sum not less than one-half of the total amount payahlc by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety, conditioned for the due and faithful performance of the contract, and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor. materials, team hire, sustenance. provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done, the surety will 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 annum. Unless such bond, when so required, is executed, delivered and filed, no claini in favor of the contractor arising under this contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order made payable to the Treasurer of the State of Colorado may be accepted in leiu of a bond. MINIMUM WAGE 4. Except as otherwise provided by law, if this contract provides for the payment of more than five thousand dollars and requires or involves the employment of laborers or mechanics in the construction, alteration or repair of any building or other public work, (except highways, highway bridges, underpasses and highway structures of all kinds) within the geographical limits of the State, the rate of wake for all laborers and mechanics employed by the contractor or any subcontractor on the building or public work covered h% this contract shall he 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 resolved as provided 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 amended and other applicable law respecting discrimination and unfair employment practices (24-34-402, CRS 197 () supplement), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16. 1975. Pursuant thereto, the: followirra provi- sions shall be contained in all Stare contracts or sub -contracts. During the performance of this contract. the contractor agues as follows (1) The contractor will not discriminate against any employee or applicant for employment because 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 .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 advertisings; lay-offs or tenninations: rates of pay or other fornis 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 he 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 N%ill receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, ment-,d 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 pennit 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 page 4—of 5 pages 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 suspendefi 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 (8) 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 sub -contracting 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 8-1 7-101, & 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. GENERAL 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 extrajudicial 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 18-8-301, et seq., (Bribery and Corrupt Influences) and 18-8-401, 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 kno%viedge. 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 Agreetnent on the day first above written. THE BOARD OF COUNTY COMMISSIONERS EAGLE COUNTY �� ' Contractor - -_ STATI. OF COLORADO filt:ll:�Rl) I). 1.A.11ti1. GOVERNOR for e'` ,,,I ( I''rl�'t UIKI CTUK. DEPAR-t'%1ENT PositioOF HEALTH-- or=c Imm;rv- Federal I.D. Number APPROVAI S J1 ATTORNEY Gt:n�:K,�t �-4�L� � ?�_ C 011.1 K -- --- ----- By Program Approval by: 395-53-01-1030 Page _-5 which is the last of, 5pages *See instructions on reverse side. i 0 Attachment A E.P.S.D.T. BUDGET Eagle County July 1, 1984 to June 30, 1985 Case Managers .•25.FTE. . . . . . , . . . . . . . . , . . $ 4,280 Fringe Benefits . . . . . . . . . . . . . . . . . . . . . S Administrative Cost . . . . . . . . . . . . . . . . . . . S Travel S Da to : 6- 25-84 TOTAL 274 377 450 $ 5,381