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Home My WebLink About920691.tiff RESOLUTION RE: APPROVE CONTRACT FOR INDEPENDENT CONTRACTORS BETWEEN AREA AGENCY ON AGING AND REED AMBULANCES, INC. , AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Contract for Independent Contractors between Weld County Division of Human Resources' Area Agency on Aging and Reed Ambulances, Inc. , commencing July 29, 1992, and ending July 28, 1993, with the further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Division of Human Resources' Area Agency on Aging and Reed Ambulances, Inc. , be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of July, A.D. , 1992. BOARD OF COUNTY COMMISSIONERS ATTEST: WithWELD CO TY, COLORADO Weld County Clerk to the,Board / Geo a Kenn airman ��BY: /se-- Deputy Clerfk td the Board Constance L Harbert, Pro-Tem / APPROVED AS FORM: __ C. W. Kirby C-------; c7_ ounty Attorney Go o . y W. H. Webster 920691 pE„ -_.� c EUk, s-s , R & a etn�o CONTRACT FOR INDEPENDENT CONTRACTORS This Contract made this — day of l 199,2by and between the Weld Board of Commi ssionersfor the use and benefit of the 17 vi sl on of Human Resources ' Area , hereinafter referred to as the Case Management Agency and Agency on Aging (Name of independent contractor) Rand Amhulanres. Tnc. (Address) 1805 S. Bellaire. Suite 520. Denver. Co. 80222 hereinafter referred to as the contractor. Whereas, the State of Colorado has established a program of"Home and Community Based Services for the Elderly, Blind and Disabled" (HCBS-EBD) under the Medicaid program, through the Colorado Department of Social Services; and Whereas,the Case Management Agency has been duly certified and authorized by the Colorado Department of Social Services to be a case management agency; and Whereas,the Case Management Agency is authorized to certify for participation and enter into provider agreements with independent contractors to provide certain HCBS-EBD services as specified in the Colorado Department of Social Services rules and regulations at Staff Manual Volume VIII, 8.485. j. .; and Whereas, the contractor has been properly certified to provide Electronic services as an independent contractor; and Moni tori ng Whereas, the contractor wishes to enter into a provider agreement with the Case Management agency to provide El prtrnni r Mnni tnri ng services to HCBS-EBD recipients; and Whereas,as of the date of this contract, contractor meets all other qualification for participation in the HCBS-EBD program; Now Therefore, it is hereby agreed that I. Contractor's Obligations: A. Contractor agrees to perform the following services Tn provide Electronic Monitoring for HCBS-EBD recipients only after receiving prior approval from the Case Management Agency. B Contractor agrees to perform its duties and obligations hereunder in conformance with all pertinent regulations of the Colorado Department of Social Services and the Case Management Agency as all these regulations are in effect as of the date of the execution of the contract or as they may later be amended. C. The Contractor shall provide its services in conformance with all standards of certification as set by the Colorado Department of Social Services. The contractor shall provide these services in the amount, duration and scope as delineated in the clients case plan. The contractor shall provide these services in such a professional and ethical manner so as to safeguard the patients health, safety and rights. D. Contractor agrees and understands that should its certification lapse or be revoked,this contract shall terminate and no payment shall be made for services rendered after the certification end date. E. Contractor agrees and understands that in the event it should fail to comply with any of the provisions of this contract, certification standards and/or rules and regulations of the HCBS-EBD program, this contract may be terminated for "good cause" by the case management agency. F. The contractor shall notify the patient's attending physician and/or case manager whenever a significant health or living condition change should occur. In case of emergencies the contractor agrees to follow the emergency treatment plan as established by the case management agency. Rev.4/91 Page 1 of 3 92OS91 G. Contractor agrees to accept the Medicaid payment as payment in full and not make any supplemental charges or claims for payment to the Medicaid client. H. Contractor agrees to bill the case management agency for all services provided to the Medicaid client in accordance with the rules and procedures of HCBS-EBD program. Failure to follow these billing procedures may result in a denial of payment of the contractor. II. Obligation of the Case Management agency A. Case Management Agency shall insure that the Contractor is properly qualified and certified to provide the services covered by the Contract. The Case Management Agency shall present a copy of all the pertinent Colorado Department of Social Services and Case Management Agency regulations to the Contractor and shall explain the meaning and purpose behind such regulations. The case management agency shall present a copy of this contract to the contractor. B. The Case Management Agency shall conduct a program of annual recertification for program participation. Such annual recertification shall include any subsequent requirements needed by the contractor to stay current with the practice of its trade, occupation, profession or business and the rules and regulations of the HCBS-EBD program. C. Case Management Agency shall develop the clients HCBS-EBD case plan and keep the contractors informed of any changes in the clients health, living status or care needs, if applicable to the provision of services under this contract. D. Case Management Agency shall fully describe the contractors role and responsibilities in the case plan. A copy of the case plan shall also be given to the contractor if applicable to the provision of services under this contract. E. The Case Management Agency shall pay the contractor such amounts as the agency deems reasonable provided the amount does not exceed the maximum payment amount established under the Colorado Department of Social Services regulations and prior authorized by the State or its designee. F. The Case Management Agency shall pay the contractor within seven(7)days after the agency receives payment from the State's fiscal intermediary. III. GENERAL PROVISIONS A. The contract shall be effective from 19_ and continues in force until 19_ and may be subject to renewal, provided the individual satisfies all recertification requirements. B. 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 deemed to be an employee of Colorado Department Social Services. The Contractor will be solely and entirely responsible for its acts and acts of its agents, employees, servants and subcontractors, if any, during the performance of this Contract. C. The Contractor shall at all times during the execution of this Contract strictly adhere to all applicable federal and state laws and regulations as they currently exist and may hereafter be amended. This includes protection of the confidentiality of all applicant/recipient records, papers, documents, tapes and any other materials that have been or may hereafter be established which relate to this Contract. The Contractor acknowledges that the following laws are included: • Title VI of the Civil Rights Act of 1964,42 U.S.C.Sections 2000d-1 et seq.and its implementing regulation,45 C.F.R. Part 80 et seq.; and • Section 504 of the Rehabilitation Act of 1973,29 U.S.C.Section 794 and its implementing regulation, 45 C.F.R. Part 84; and • the Age Discrimination Act of 1975, 42 U.S.C.Sections 6101 et seq. and its implementing regulation, 45 C.F.R. Part 91; and • Title VII of the Civil Rights Act of 1964; and • the Age Discrimination in Employment Act of 1967; and • the Equal Pay Act of 1963; and • the Education Amendments of 1972, • Immigration Reform and Control Act of 1986, P.L. 99-603 • Waiver of Section 1915(c) and 1902(a)10 of the Social Security Act; Rev.4/91 Page 2 of 3 • 26-4.5-101 et seq., C.R.S. 1982, as amended; • CDSS Staff Manual, Volume 8; • 42 CFR 441.300-310, 42 CFR 435.726; • 27-1-114 C.R.S. 1982, as amended; and all other regulations applicable to these laws prohibiting discrimination because of race, religion, color, national origin, creed, sex, age and handicap. This assurance is given in consideration of and for the purpose of obtaining any and all federal grants, or other federal financial assistance. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Social Services or with the U.S. Department of Health and Human Services, Office for Civil Rights. D. Contractor agrees to make available, at all reasonable times during the contract period and six (6) years thereafter, all records and documents pursuant to this agreement for inspection, audit,or reproduction by any authorized representative of the State or appropriate Federal agencies. E. Contractor may not assign its rights or duties under this contract. F. Either party shall have the right to terminate this Contract by giving the other party thirty(30) day notice by registered mail, return receipt requested. If notice is so given, this Contract shall terminate on the expiration of the thirty (30) days, and the liability of the parties hereunder for further performance of the terms of this agreement shall thereupon cease, but the parties shall not be released from the duty to perform their obligations up to the date of termination. G. This agreement is intended as the complete integration of all understanding between the parties. No prior or contemporaneous addition, deletion,or other amendment hereto shall have any force or effect whatsoever, 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 rules and regulations of the HCBS-EBD program. H. To the extent that this contract may be executed and performance of the obligation of the parties may be accomplished within the intent of the contract,the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of a breach of a term hereof shall not be construed as waiver of any other term. IN WITNESS WHEREOF, the parties hereto executed this Contract on the day first above written. Contractor: (Full Legal Name) COLORADO DEP THE F SOCIAL SERVICES EXECUTJV, C R -.i Ambulances ///GG,,jj 1805 S. 3e11aire St. 5th 71 By 4. Denver. CO 30222 Case ana eat Agency Director �-� / Position (Title) Allen J. 'Powers, President �' 340745987 Social Security Number or Federal ID Number CASE MANAGEMENT AGENCY (If Corporation:) Attest (Corporate Seal` airman, oard of County Commissi ATTEST: tr 6 7 r/l � B WELD CO U NT/Y_�C_yeL'EgR,�Kf�TO TSHE BOARD Corporate Secretary,or Equivalent,Town/City/County Clerk BY: Rev.4/91 DEPUTY CLER& TO THE BOARD Page 3 of 3 9„0691 fO(fi mEmoRAnDum WI To Gordon Lacy Board of County Date July 23, 1992 Commissioners COLORADO Fro nWalter J. Speckman, Executive Director, Human Resources Subject:Contract between the Weld County Division of Human Resources and Reed Ambulances, Inc. Enclosed for Board approval is a Contract between the Weld County Division of Human Resources and Reed Ambulances, Inc. , to obtain Lifeline services for Home and Community Based Services case management clients. The cost of services are reimbursed by the Medicaid Program. The Contract service dates are July 29, 1992 through July 28, 1993. 920691 Hello