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Home My WebLink About20194597.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN - NORTH COLORADO HEALTH ALLIANCE 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 an Agreement for Professional Services for Nursing Consultation, Care Management, and Education/Training, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the North Colorado Health Alliance, commencing July 1, 2019, and ending June 30, 2020, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Agreement for Professional Services for Nursing Consultation, Care Management, and Education/Training, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the North Colorado Health Alliance, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of October, A.D., 2019, nunc pro tunc July 1, 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: da/LIA) jeido•ek Weld County Clerk to the Board BY: Deputy Clerk to the Board APP' v/ DASS TO At ney Date of signature: 0/2-9A arbara Kirkmeye/, Chair Mike Freeman, Pro -Tern Steve Moreno 2019-4597 HR0090 cc% 1-ISC) (1/O5/19 ml-ra !D 581 PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE August 20, 2019 TO: Board of County Commissioners — Pass -Around FR: Judy A. Griego, Director, Human Services RE: Agreement for Professional Services with North Colorado Health Alliance Please review and indicate if you would like a work session prior to placing this item on the Board's agenda. Request Board Approval of the Department's Agreement for Professional Services with North Colorado Health Alliance. The major provisions of the Agreement are as follows: Current Term Service/Funding Rate Schedule July 1, 2019- Nursing Consultation, Care Management and $45.00/Hour June 30, 2020 Education/Training Services (Regular rate of pay for Monday — Friday, 7 a.m.-7 p.m. and brief Child Welfare Administration or Other Funding interactions, planned visits or administrative functions related to current clients outside of Monday -Friday, 7 a.m.-7p.m.) $0.56/Mile (Travel billed at $0.56 per mile outside of the 30 - mile one-way catchment area from 2930 1P° Avenue, Evans, CO 80620. Inclusive of multiple stops.) I do not recommend a Work Session. I recommend approval of the Agreement. Sean P. Conway Mike Freeman, Pro-Tem Scott James Barbara Kirkmeyer, Chair Steve Moreno Approve Recommendation Work Session Schedule Other/Comments: Pass -Around Memorandum; August 20, 2019 — ID 3088 Page 1 2019-4597 I-tR©o90 WELD COUNTY AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY AND NORTH COLORADO HEALTH ALLIANCE (NURSING CONSULTATION, CARE MANAGEMENT AND EDUCATION/TRAINING) i�� THIS AGREEMENT is made and entered into this eday ofab'lh . , 2019, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and North Colorado Health Alliance, who whose address is 2930 11th Avenue, Evans, Colorado 80620, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. WHEREAS, Contract Professional is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibit A, Scope of Services and Exhibit B, Rate Schedule, which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A. 3. Term. The term of this Agreement shall become effective on July 1, 2019 and shall expire June 30, 2020, unless sooner terminated as provided herein. This contract may be extended annually upon written agreement of both parties. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation/Contract Amount. County agrees to pay Contractor for work completed, as outlined in Exhibit A, upon receipt of a monthly invoice, as outlined in Exhibit B. County agrees 1 O2O / y'_ ii5g7 to pay an amount no greater than the amount set forth in Exhibit B. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. 10. Confidentiality. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty. Contractor warrants that the services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor. Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. Contractor shall procure at least the minimum amount of automobile liability insurance required by the State of Colorado for the use of any personal vehicle. Proof of said automobile liability insurance shall be provided to County prior to the performance of any services under this Agreement. 2 14. Professional Liability (Errors and Omissions Liability). The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims - made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 2,000,000 15. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. 16. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Contractors or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made 3 available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Employment Retirement Program. Contractor is responsible for notifying Weld County of any previous participation in the Colorado Public Employee Retirement Program. Contractor must notify Weld county of the most recent employment for a PERA contributing employer. 29. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien 4 to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 30. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. 5 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. COUNTY: ATTEST: drAivNiG: '41 BOARD OF COUNTY COMMISSIONERS Weld • ty Clerk to the Boa d Wy' D COUNTY, C,OJL'ORADO By: Deputy Cie 6 arbara Kirkmeyer,/Chair, CONTRACTOR: KT $ 3 2019 North Colorado Health Alliance 2930 I I th Avenue Evans, Colorado 80620 (970) 350-4673 By: ( .cx vvv,u....d \\ c ;t1V)(.:11 nna Martinson, Director of Care Coordination Date: 3 ;").() j t OZo�9- 4L597 EXHIBIT A SCOPE OF SERVICES 1. Contractor will employee Registered Nurses, hereinafter referred to as "R.N." and a Director of Care Coordination who will provide nursing consultation, care management, and education/training services, as well as care management, as requested by the Department for medically fragile children and adults. Primary target population will be medically fragile children, with services available to adults as capacity allows. 2. Department staff will ensure that Contractor is provided with sufficient information regarding the needs of the child or adult to provide adequate services under this agreement. 3. Contractor will ensure that R.N. and Director of Care Coordination maintain current and adequate licensure for the term of the agreement. 4. Services will be accessible to Weld County foster parents and Department caseworkers and supervisors for the purpose of consultation, care management, and education and training. 5. Under this agreement, education and training can include, but is not limited to, basic daily care skills, medical equipment usage and maintenance, medical/behavioral health monitoring, or other areas specific to the medical needs of the child or adult. The overall goal of education and training is to further the knowledge of the caregiver and caseworker to ensure the present and long-term care and safety of the child or adult. 6. Services will be available from the hours of 7:00am to 7:00pm Monday - Friday, via phone. If in person services are deemed necessary and appropriate, the Contractor will provide services on- site or in -home, as applicable. Brief interactions, planned visits or administrative functions related to current clients outside of Monday -Friday, 7:00am to 7:00pm shall be provided and billed at the same rate. 3 7. Contractor understands that "no shows" are defined as unexcused and unplanned/uncommunicated absences for visitation services. The Department will not reimburse for "no shows". The Contractor will notify the caseworker if a client "no shows" so that the caseworker and Contractor can strategize a plan regarding the client's future participation in services. 8. Contractor will be available to be scheduled to accompany caseworkers on home visits to assess medical, environmental, and psychosocial needs when appropriate. 9. Contractor will ensure R.N. continually assesses foster parents or caregivers' capacity to appropriately care for the child. 10. Any agreed upon on -site or in -person services provided will be done so within the scope and skill set of the registered nurse. R.N. will be responsible for obtaining appropriate physician orders for all nursing acts that are outside R.N.'s independent practice and require orders. The treatment plan will be reviewed by and agreed upon by all parties prior to implementation. Any specific equipment and/or supplies that are required to implement the treatment plan will be provided by sources outside ofNorthern Colorado Health Alliance. Each case will be dealt with on an individual basis. Contractor will supply basic equipment such as thermometers, blood pressure cuffs, and pulse oximeters. 11. Contractor will ensure that the R.N. promptly and appropriately responds to any medical issues that arise during the provision of services per the agreed upon treatment plan. Response may include care management, monitoring, education, and/or intervention as appropriate. Calls will be returned within one hour and assessment will be made to determine if an in -home visit is necessary. Upon review and agreement with the Department and Contractor's Director of Care Coordination; R.N. may provide basic nursing interventions such as medication administration, setting up medication boxes, and other needed interventions. 4 12. Contractor will ensure that the R.N. carries an operating phone for purposes of conducting services and for the purpose of contacting emergency medical personnel (911) should a need arise during the course of on -site or in -person services. Contractor will provide contact information for the R.N. 13. Contractor will appropriately document and communicate care needs to the Department in a timely manner_ 14. Contractor will submit reports on a monthly basis for each active referral for ongoing services. Reports will be submitted per the online format required by the Department (FIDOS), unless otherwise directed by the Department. 15. Contractor will submit signed verification forms for all client face to face contact monthly with the invoice. Contractor will also submit timesheets and mileage forms monthly with the invoice. 16. Services will be deemed successful through the following: Increased knowledge on the part of the caseworker and/or foster parent/caregiver regarding the specific medical needs ofthe child or adult. • Follow-through with implementation of interventions determined through assessment, consultation, and treatment planning regarding the child's or adult's needs. • Visualized ongoing well-being and care of the child or adult. Satisfaction of all parties with the level and quality of services rendered and information exchanged. • At least 95% of children who are in home with nurse involvement should remain home. • At least 90% of the children in Weld County Foster homes who have nurse involvement should maintain placement or return home • 100% of the prevention cases the nurse is involved with will not enter child welfare anytime during the nurse engagements. • 90% of children in Weld County Foster homes who returned home and had nurse involvement will not re-enter placements. 5 EXHIBIT B RATE SCHEDULE 1. Funding and Method of Payment The Department agrees to reimburse the Contractor in consideration of the work and services performed under this Agreement at the rate specific in Paragraph 2, below. The total amount to be paid to the Contractor during the term of this Agreement shall be reported by the Department after June 30, 2020. Expenses incurred by the Contractor prior to the term of this Agreement are not eligible Department expenditures and shall not be reimbursed by the Department. Payment pursuant to this Agreement, whether in whole or in part, is subject to and contingent upon the continuing availability of said funds for the purposes hereof. In the event that said funds, or any part thereof, become unavailable as determined by the Department, the Department may immediately terminate the Agreement or amend it accordingly. 2. Fees for Services $45.00/Hour (Regular rate of pay for Monday -Friday, 7 a.m.-7 p.m. and brief interactions, planned visits or administrative functions related to current clients outside of Monday -Friday, 7 a.m.-7 p.m.) $0.56/Mile (Travel billed at $0.56 per mile outside of the 30 -mile one-way catchment area from 2930 11th Avenue, Evans, CO 80620. Inclusive of multiple stops.) 3. Submittal of Vouchers Contractor shall prepare and submit a monthly itemized invoice, including timesheets, mileage forms and signed verification forms, certifying that services authorized were provide on the date(s) indicated and charges made were pursuant to the terms and conditions of Paragraph 3 and Exhibit A. Contractor shall submit all monthly billings and applicable reports to the Department by 7th Day of the month following the month the cost was incurred. Failure to submit by the aforementioned deadline may result in forfeiture of payment. 6 Contract Form New Contract Request Entity Information Entity Name* NORTH COLORADO HEALTH ALLIANCE Entity ID' O019419 ❑ New Entity? Contract Name* Contract ID NORTH COLORADO HEALTH ALLIANCE (AGREEMENT FOR 3O88 PROFESISONAL SERVICES Contract Status CTB REVIEW Contract Lead* CULLINTA Contract Lead Email cullxnta@caweld _cc us Parent Contract ID Requires Board Approval YES Department Project if Contract Description * NEVS AGREEMENT FOR PROFESSIONAL SERVICES TERM: JULY 1 2019 -JUNE 30. 2020. FUNDING CHILD WELFARE ADMINISTRATION/OTHER Contract Description 2 Contract Type AGREEMENT Amount* $0 00 Renewable YES Automatic Renewal Grant IGA Department HUMAN SERVICES Department Email CI:1- HumanServices@weldgov.com Department Head Email C M -H umanSeraic es- DeptHead @weidgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email C M- C'OUNTYA I t ORNEY@WELD GOV. C OM Requested BOCC Agenda Date * 08; 28.2019 Will a work session with BOCC NO Due Date 08/24/2019 be required?* Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* 0" 101,2020 Termination Notice Period Committed Delivery Date Renewal Date* 07101/2020 Expiration Date Contact Information Contact Info Contact Name Approval Process Department H . ;! JUDY GRIEGO DH Approved Date 10/09/2019 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 10/23/2019 Originator CULL:NTA Contact Type Contact Email Purchasing Finance Approver BARB CONNOLLY Finance Approved Date 10/14,2019 Tyler Ref AG 102319 Contact Phone 1 Contact Phone 2 roved Date Legal Counsel KARIN MCDOUGAL Legal Counsel Approved Date 10/13/2019 Hello