HomeMy WebLinkAbout06/02/2003 Item 048 MOHAVE COUNTY REQUEST FOR BOARD ACTION FORM
From: MOHAVE COUNTY DEPARTMENT OF PUBLIC HEAL TH FORMAL ACTION ❑
CONSENT X
Date: April 29, 2003 RESOLUTION ❑
OTHER ❑
BOS Meeting Date: June 2, 2003 INFORMATION ONLY ❑
SUMMARIZE THE ISSUE & DESIRED ACTION CLEARLY /ATTACH BACKUP MATERIAL:
The Mohave County Dept of Public Health., Nursing Division is requesting that the BOS approve the Ryan
White title 1 2003/2004 agreement and budget in the amount of $52,461. This agreement is for the period for
March 1, 2003 -June 30, 2003. There are no county matching funds required.
Recommended Motion: Approve the Ryan White title 1200' /2004 agreement and budget
Reviewed and Ap roved By:
County Att 1 1] Human Resources Finance County ger
Board Action Taken:
Approved a R nested No Action Taken ❑ Disapproved ❑
Continued t * x ❑ Approved with the following changes:
Acknowledged receipt and referred to
Filing Information and Retrieval
Filed Bid lied Agreement
BOS Resolution Filed Yearly Correspondence
Filed Petition Filed Dedication
Filed Land Sold Filed Land Acquired
Filed Franchise I.D. Resolution
Filed Improvement District Filed Other
Date Routed: Additional Information:
xC:
You are reminded that items for the agenda, along with complete backup, must be in the County Manager's Office 10
days prior to Board Meeting.
Item No.
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AGREEMENT BETWEEN CLARK COUNTY HEALTH DISTRICT
AND
MOHAVE COUNTY DEPARTMENT OF HEALTH & SOCIAL SERVICES
MARCH 2003
This Agreement is entered into by and between CLARK COUNTY HEALTH
DISTRICT (hereinafter referred to as "DISTRICT") and MOHAVE
COUNTY
DEPARTMENT OF HEALTH & SOCIAL SERVICES (hereinafter referred
to as
"PROVIDER").
WHEREAS, DISTRICT is the public health entity for Clark County, Nevada
organized pursuant to Nevada Revised Statues Chapter 439 et
sequentia; and
WHEREAS, DISTRICT is the recipient of Title I funds pursuant to the Ryan
White Comprehensive AIDS Resources Emergency Act of 1990 as
amended in 1996
and 2000, Public Act 104-146, Catalogue of Federal Domestic
Assistance Number
93.914 (hereinafter referred to as the "CARE ACT") and is responsible
for the
administration of said funds within the Las Vegas, Nevada standard
metropolitan
statistical area defined by the US Census Bureau, which metropolitan
area has been
designated by the Health Resources and Services Administration
of the US Department
of Health and Human Services (hereinafter referred to as "HRSA")
as an Eligible
Metropolitan Area (EMA) for CARE ACT funding; and
WHEREAS, the Las Vegas EMA Ryan White Title I Planning Council (hereinafter
referred to as "COUNCIL") was created by and functions pursuant
to the requirements
of the CARE ACT to provide comprehensive planning for the health
care of people
living with HIV/AIDS in Clark and Nye Counties, Nevada and Mohave
County, Arizona;
and
WHEREAS, PROVIDER has submitted a detailed proposal in response to the
DISTRICT'S Request for Proposals (RFP) dated September 27,2002
and Amendment
One dated October 14,2002 under the CARE ACT Program as structured
and
allocated by said COUNCIL;
NOW, THEREFORE, the parties hereto covenant and agree as follows with
respect to said CARE ACT program requirements and funds:
1.
AGREEMENT TERM:
This Agreement shall take effect upon full execution and expires on
. June 30, 2003. The project period of this Agreement shall
be March 1, 2003 through
June 30, 2003. Depending upon the availability of additional
funding, this Agreement
and project period may be extended for up to one-year ending
February 29, 2004 upon
execution of an amendment by the parties hereto.
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Mohave County Department of Health & Social Services
2.
SCOPE OF WORK:
PROVIDER shall perform in a professional and diligent manner the specific
activities described in Exhibit A, Scope of Work and Budget,
attached hereto and
incorporated by reference and made a part of this Agreement
as though fully set forth
herein. PROVIDER shall comply with Standards, Outcomes and Protocols
as
developed by the COUNCIL.
3.
ADDITIONAL INCORPORATED DOCUMENTS AND OBLIGATIONS:
PROVIDER understands and further agrees that in order to receive
payment under this Agreement it shall: (1) perform all the activities
and provide all the
services specified in Exhibit A, (2) submit reports in accordance
with report due dates
specified in Exhibit 8, Deliverables, (3) follow case management
guidelines, specified in
Exhibit C "Nevada Standards of Practice and Guidelines for HIV-Related
Case
Management" or any revision thereof implemented by DISTRICT,
(4) utilize the Nevada
Care Information Management System to manage eligible client
data, (5) attend
mandatory conferences and trainings and provide sufficient personnel
to conduct
trainings, as required by DISTRICT. All Exhibits are incorporated
by reference and
made a part of this Agreement as though fully set forth herein.
PROVIDER understands and further agrees that funding made available by
DISTRICT under this Agreement shall be used exclusively by PROVIDER
to perform
the activities and provide the specific services set forth in
Exhibit A. These activities
and services shall originate at PROVIDER'S main office located
at:
P. O. Box 7000
318 N. 5th Street
Kingman, AZ 86402-7000
Project Director is Patty Mead and Finance Officer is John Timko.
PROVIDER shall submit to DISTRICT an updated roster of its Board of Directors
and copies of Minutes of Board Meetings conducted during the
term of this Agreement
and project period within 10 working days of each meeting thereof.
PROVIDER understands and further agrees in order to maintain referral
relationships it shall participate in the Las Vegas EMA Continuum
of Care where
services are organized to respond to the individual or family's
changing needs in a
holistic, coordinated, timely and uninterrupted manner thereby
reducing fragmentation
of care. PROVIDER shall submit to DISTRICT copies of current
Memorandums of
Understanding with other providers within the continuum of care
PROVIDER shall
maintain referrals to the Centralized Services Office for registration
into the centralized
system.
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Mohave County Department of Health & Social Services
PROVIDER understands and further agrees that it shall participate in access
improvement and shall collaborate with CARE ACT funded and other
agencies when
deemed necessary to provide efficient and effective services
to the HIV
infectedlaffected population.
PROVIDER shall also insure compliance with National Standards for Culturally
and Linguistically Appropriate Services in Health Care as defined
by US Department of
Health and Human Services, Office of Minority Health.
PROVIDER shall also submit copies to DISTRICT of all forms of written
correspondence andlor documents pertaining to Ryan White CARE
Act Title I Services
including but not limited to press releases, formal business
letters and notices to the
general public issued or released by PROVIDER.
PROVIDER shall also account for and report funds expended andlor services
provided from other funding sources, specifically for the Ryan
White Title I program
including but not limited to in-kind contributions, volunteer
services, cash match and
monetary contributions and donations. See Attachment 1, Quarterly
Maintenance of
Effort Report and Exhibit B.
PROVIDER shall also conduct a price analysis of not less than two quotes for
any purchases exceeding $1000 and provide documentation of such
analysis.
PROVIDER shall use the lowest responsive quote.
4.
TERMINATION:
This Agreement may be terminated without cause by either party giving written
notice by personal service or Certified Mail to the other party
at least thirty (30) days
prior to the effective date of such termination. Upon the effective
date of any
termination, any and all rights and obligations of each party
hereto shall be deemed at
an end and canceled, except as previously accrued or vested.
5.
COMPENSATION:
PROVIDER shall be compensated monthly for services performed under this
Agreement. Total compensation paid by DISTRICT hereunder shall
not exceed
$52,461 and is conditioned upon receipt of appropriate billing
documents as described
below.
The Financial Status Report/Request for Reimbursement, Attachment 2,
submitted to DISTRICT shall include billings to DISTRICT on
a monthly basis and in
accordance with Exhibit 0, Payment Schedule which is incorporated
by reference and
made a part of this Agreement as though fully set forth herein.
Billings received late,
shall be processed in a subsequent payment period. All incomplete
and/or inaccurate
billings will be returned to PROVIDER for correction and re-submission.
Payments
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Mohave County Department of Health & Social Services
shall be made by DISTRICT in accordance with the payment schedule
and not more
than (30) calendar days after receipt and approval of an accurate
and complete billing
form. Payments will be on actual services provided and supporting
documentation
requirements in accordance with the budgets in Exhibit A and
the forms in Attachment
2.
PROVIDER may be required by DISTRICT to modify its process by
which
services are billed and negotiate with DISTRICT units of service,
payment rates and
total monthly payments during this Agreement period.
Funding for the specific services provided as set forth in Exhibit
A of this
Agreement is made available under the CARE ACT. PROVIDER understands
and
further agrees that this Agreement is valid and enforceable
only if sufficient CARE ACT
funds are made available to DISTRICT by HRSA. Payment for all
services provided
under this Agreement is expressly contingent upon the availability
of such CARE ACT
funds. This Agreement may be suspended or terminated effective
immediately by
DISTRICT at any time in the event of reduction, suspension,
discontinuation, or other
unavailability of these funds.
As directed by COUNCIL based on changing service priorities
or changing client
demand for services, DISTRICT reserves the right to reallocate
funding during the
Agreement period so that services to be provided and the corresponding
maximum
payment amount may be decreased or increased at the discretion
of DISTRICT.
PROVIDER shall obtain written approval from DISTRICT prior to
making: 1) fund
or budget line item transfer within a service category exceeding
10% of the total award
amount, 2) major programmatic changes in the scope of the project
or changes in key
personnel specified in this Agreement and 3) fund or budget
transfers from one service
category to another.
PROVIDER shall obtain prior written approval from DISTRICT to
subcontract any
services.
Should DISTRICT disallow any portion of the draw down, the request
shall be
processed for the reduced amount and PROVIDER will be notified
in writing of the
reason for such disallowance. Grievances concerning such disallowance
shall be
addressed in writing to the Director of Administrative Services
as specified in Section
12. GENERAL PROVISIONS of this Agreement. PROVIDER understands
and further
agrees that DISTRICT shall not be obligated to honor any claim
for payment submitted
more than six (6) months after services were provided or submitted
more than thirty
(30) days after the expiration or termination of this Agreement.
DISTRICT shall not honor any request for payment for services
provided by
volunteers at no cost to the PROVIDER. DISTRICT shall not honor
any request for
payment for services provided outside of Clark and Nye Counties,
Nevada and Mohave
County, Arizona unless prior written authorization has been
obtained from DISTRICT.
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Mohave County Department of Health & Social Services
DISTRICT shall be held harmless for any unforeseen, or unavoidable delays
beyond the control of DISTRICT that may affect the timely processing
of payments.
6.
OPERATION:
A. Personnel:
PROVIDER understands and further agrees that while performing CARE
ACT activities, employees while funded with CARE ACT funds provided
under this
Agreement, shall provide no services, nor engage in activities
other than those
specifically set forth in Exhibit A. Personnel "after the fact"
time and effort reporting for
employees serving in Ryan White funded positions shall be documented
(reference
Section 6 of this Agreement) by submitting a certified PERSONNEL
ACTIVITY
EXPENDITURES REPORT (see Attachment 2, Page 5) AND time sheets
or certified
payroll register for all positions, whether fully or partially
funded with CARE ACT funds.
PROVIDER shall ensure that no employees or volunteers of the PROVIDER
shall in any way have an actual or perceived interest and will
not acquire any interest,
direct or indirect, financial or otherwise, which would result
or have the appearance of
resulting in personal, organizational, or professional gain
which would conflict in any
manner or degree with the performance of the services outlined
in Exhibit A.
PROVIDER shall maintain and preserve current job descriptions as well as
curriculum vitae, resumes, copies of certificates, licenses,
and other pertinent
credentials of all employees serving in positions funded under
this Agreement
for a minimum of three (3) years subsequent to the expiration
date of this Agreement.
B. Equipment Purchases:
Funds may be used to purchase medical equipment if the equipment is used
primarily for services relating to care of patients with HIV/AIDS
and if the equipment
purchase has been approved in writing by the DISTRICT.
Computer hardware and software applications may not be purchased
without prior written approval from DISTRICT which will insure
compatibility with the
Nevada CARE Information Management system.
Title to any and all equipment procured through the expenditure of CARE ACT
funds will vest upon acquisition with DISTRICT. Upon termination
of Agreement,
DISTRICT shall determine the disposition of all such equipment.
Property records shall be maintained by PROVIDER, including a description
of the property, serial or ID number, source of property, title
holder, acquisition date,
and cost of property, percentage of CARE ACT funds used to procure
the property, its
location, use and condition.
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Mohave County Department of Health & Social Services
PROVIDER shall develop and institute
a system of control to ensure
safeguards against theft, damage or other loss of equipment
purchased with
CARE ACT funds. Any loss, theft or damage shall be immediately
reported to the
DISTRICT and be promptly investigated. PROVIDER shall conduct
a physical inventory
of all such equipment annually as identified in Exhibit B and
prior to the expiration or
termination of this Agreement.
7.
RESTRICTIONS ON EXPENDITURES:
PROVIDER understands and further agrees that it shall account for the use of
Ryan White Title I funding by insuring all expenditures are
reasonable and necessary,
and are subject to the following:
A. CARE ACT funds shall not be
used to purchase or improve land, or to
purchase, construct, or make permanent improvement to any building
except for minor
remodeling.
B. CARE ACT funds shall not be
used to make direct payments to recipients
of services except as may be authorized under the Direct Emergency
Financial
Assistance category of service.
C. CARE ACT funds shall not be used to supplant or replace current state or
local HIV-related funding. PROVIDER shall maintain on file documentation
assuring
that services rendered under this Agreement will use CARE ACT
funding as a "dollars
of last resort" and that the client has no other source of funding
to secure such services.
D. CARE ACT funds are to be used for HIV/AIDS related services only.
Research, epidemiological surveys, clinical trials and capital
projects are prohibited.
E. CARE ACT funds shall not be used to provide items or services for which
payment already had been made or reasonably can be expected
to be made, by third
party payers, including Medicaid, Medicare, and/or other state
or local entitlement
programs, prepaid health plans, or private insurance.
F. PROVIDER is encouraged to seek other funding sources to supplement
CARE ACT funding.
G. Use of Ryan White funds for travel is restricted to local travel (within the
Las Vegas EMA) and must be program specific.
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Mohave County Department of Health & Social Services
8.
PROGRAMMA TIC REQUIREMENTS:
A. Continuous Quality Management:
PROVIDER shall adhere to DISTRICT'S
quality management program
guidelines to assess the extent to which HIV health services
provided are consistent
with the Public Health Service's guidelines for the treatment
of HIV disease and related
opportunistic infection. PROVIDER shall develop strategies for
ensuring that the
services it provides are consistent with the guidelines for
improving access to and
quality of HIV health services. PROVIDER shall work with DISTRICT
staff in defining
statistically valid service related populations for determining
client satisfaction. These
guidelines are required by the Continuous Quality Management
mandate contained in
the Ryan White CARE ACT.
To insure adherence to DISTRICT'S quality
management program
guidelines, PROVIDER shall also complete and submit Quarterly
Progress Reports as
specified in Exhibit B to DISTRICT on the following dates:
1 st Quarter - July 15, 2003
2nd Quarter - October 15, 2003
3rd Quarter ~ January 15, 2004
Final Report - March 15, 2004
B. Medical and Financial Eligibility Criteria:
Provider shall follow medical and financial
eligibility criteria as determined by
the COUNCIL.
C. Fee Schedules:
Any fees and charges for service must
be published and made available to
the public at the time of service.
Funds collected by PROVIDER in the
form of fees, charges, and/or
donations for the delivery of the services provided herein shall
be accounted for
separately and provided to the DISTRICT. Such fees, charges
and/or donations must
be used for providing additional services or to defray the costs
of providing services
consistent with the Scope of Work in Exhibit A.
Documentation of assessment of client
charges must be consistent with
Exhibit E, Income Eligibility Guidelines which is incorporated
by reference and made a
part of this Agreement as though fully set forth herein.
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Mohave County Department of Health & Social Services
E. Grievance Procedures - Clients:
PROVIDER shall maintain on file its current grievance procedures in English and
in Spanish for clients not satisfied with services received
from PROVIDER. PROVIDER
shall submit any revised grievance procedures to DISTRICT.
F. Special Provisions:
Special emphasis shall be placed on previously neglected, under-represented
populations and those who can no longer care for themselves
or have no other
alternatives.
Pursuant to the Ryan White CARE Act
Title I "Plan and Guidelines for
Implementing the Expenditure Requirement to Provide Services
to Women, Infant,
Children and Youth" (WICY), PROVIDER shall provide a summary
report and
demonstrate a percentage of services to this population of not
less than 16%.
PROVIDER shall capture and report to DISTRICT service output data to
assess service needs for the special population "Men of Color
who have Sex with Men".
CARE ACT funds are to be used as dollars of last resort for each client.
9.
REPORTING. MONITORING AND EVALUATION:
A. Reporting:
PROVIDER shall submit reports in accordance with Exhibit B and other
supporting documentation as requested to DISTRICT or its duly
authorized
representative(s) as determined by the DISTRICT. PROVIDER shall
use only
DISTRICT approved forms/formats provided in this Agreement.
DISTRICT will notify
PROVIDER in a subsequent letter(s) of any additional reports
that must be submitted
and the forms/formats required.
PROVIDER shall also report and maintain in the Nevada CARE Information
Management System all data relating to Ryan White funded services
provided to
clients.
B. Monitoring:
PROVIDER shall allow DISTRICT or its
duly authorized representatives to
perform reviews, audits and onsite monitoring of this program
as may be necessary to
determine:
(1 )
Whether objectives of this program are being achieved;
(2)
Whether this program is being conducted in an effective manner;
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Mohave County Department of Health & Social Services
(3)
Whether management control systems and internal procedures
have been established to meet the objectives of this program;
(4)
Whether the financial operations of this program are being
conducted properly;
(5)
Whether the reports to DISTRICT contain accurate and reliable
information;
(6)
Whether adequate financial and accounting procedures are in
place;
(7)
Whether technical assistance is needed.
DISTRICT personnel and/or duly authorized representatives shall
monitor
the entire program under this Agreement. DISTRICT will advise
PROVIDER in advance
of the monitoring procedures which will be used. All information
obtained by
monitors will be kept confidential within DISTRICT, except as
otherwise required by
federal or state statutes or regulations.
PROVIDER shall maintain discrete client files for all individuals
served
and shall secure the necessary consents to releases of information
to allow for periodic
review of all pertinent client information by DISTRICT personnel
and/or designated
representatives.
PROVIDER shall not remove or blackout names or other personal
identifying
characteristics on client records furnished to DISTRICT. PROVIDER
shall provide
additional information as requested in writing by DISTRICT.
Whenever practical,
DISTRICT will allow a minimum of three (3) business days for
PROVIDER to respond to
requests for records.
C. On-Site Visits:
DISTRICT or its duly authorized representative{s) will conduct
site visits
during the Agreement term. DISTRICT will notify PROVIDER when
and what type of
site visit will be conducted.
PROVIDER shall cooperate fully with DISTRICT personnel
and/or its duly authorized representatives by providing information
upon request
concerning client services provided, financial transactions
and/or program operations.
PROVIDER shall make available for inspection and/or copying
by DISTRICT, all
records and accounts relating to the work performed or the services
provided under this
Agreement, or for similar work and/or service provided under
other grants and
contracts. PROVIDER shall also make available for inspection
client grievances
received, peer reviews and/or quality assurance reviews performed
in-house.
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Mohave County Department of Health & Social Services
D. Evaluation:
If DISTRICT discovers any practice, procedure, or policy of
PROVIDER
which materially deviates from the terms or requirements of
this Agreement, which
violates state, federal, or county laws or regulations, which
threatens the success of the
services provided pursuant to this Agreement, or which jeopardizes
the fiscal integrity of
said services, DISTRICT may notify PROVIDER in writing that
corrective action is
required.
PROVIDER shall correct any and all discrepancies, violations,
or deficiencies
to the satisfaction of the DISTRICT within ten (10) calendar
days of such written
notification unless corrective action reasonably requires additional
time, in which case
PROVIDER shall have a reasonable period of time to make corrections,
but in no case
not more than (45) calendar days.
E. Confidentiality of Client Information:
This Agreement is subject to all state and federal laws protecting
confidentiality of client medical, behavioral health, and drug
treatment information.
If PROVIDER falls under Health Insurance Portability and Accountability
Act
(HIPAA) definition of covered entities, PROVIDER shall designate
a Compliance Officer
and submit a compliance plan to DISTRICT by April 14, 2003.
PROVIDER shall be required to attend DISTRICT sponsored HIPAA
training
during the term of this Agreement. HIPAA regulations will become
effective
April 14, 2003 and apply to medical information that contains
patient identifiers
including name, Social Security number, telephone number, medical
record number
and ZIP code. The regulations protect all individually identifiable
health information in
any form (electronic, paper-based, oral) that is stored or transmitted
by a covered entity.
DISTRICT may amend this Agreement at a later date to conform
to HIPAA regulations
as they relate to client confidentiality forms.
PROVIDER shall establish and maintain written procedures and
controls
regarding disclosure of confidential medical information and
records.
Disclosure to DISTRICT is deemed essential to the performance
of duties
under this Agreement. PROVIDER shall secure from all clients
any and all consents to
releases of information or other authorization requested by
DISTRICT. Each client file
documenting the provision of CARE ACT services must contain
a release form signed
by the client. This release form must consent to the release
of named confidential file
information to representatives of the DISTRICT and/or its designees
for the purpose of
the CARE ACT administration and Agreement monitoring for a period
of five (5) years
from date of execution of this Agreement. Failure to secure
consents to releases from
clients may result in delay or disallowance of claims to DISTRICT
for services covered
under this Agreement.
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Mohave County Department of Health & Social Services
The use or disclosure by PROVIDER to any party of information
concerning an eligible individual served under this Agreement
is expressly limited to the
performance of this Agreement.
10.
AUDIT REQUIREMENTS:
Procedures:
All payments made under this Agreement shall be subject to an audit and
shall be adjusted in accordance with said audit.
PROVIDER shall schedule an annual financial audit to be submitted to
DISTRICT for review within six (6) months following the close
of the PROVIDER'S fiscal
year. Failure to meet this requirement may result in loss of
current funding and
disqualification from consideration for further DISTRICT administered
funding. This
audit shall be made by an independent auditor in accordance
with generally accepted
accounting principles. This requirement applies equally to any
and all subcontractors of
PROVIDER that receive CARE ACT funds.
PROVIDER shall include this requirement
in all subcontractor agreements.
PROVIDER must make appropriate corrections within six (6) months after
receipt of an audit report to remedy any material weaknesses
identified by the audit
report. DISTRICT may terminate this Agreement and/or withhold
payment for non-
correction of material weaknesses identified by the audit report.
If PROVIDER receives a combined total of $300,000 or more annually from
all contracts funded under the CARE ACT, and/or receives $300,000
or more annually
from any combination of Federal Funding sources, PROVIDER may
be subject to
Federal audit requirements per Public Law 98-502, "The Single
Audit Act". PROVIDER
shall comply with OMB Circulars A-122, A-110, and A-133 as applicable.
The single
audit report shall be submitted to DISTRICT for review within
the six (6) months
following the close of the fiscal year.
PROVIDER shall permit DISTRICT, state and/or federal representatives
access to any pertinent books, documents, papers, client records
and other records
and materials related to this Agreement.
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NON-COMPLIANCE:
If PROVIDER fails to substantially comply with any material provisions of this
Agreement, DISTRICT reserves the right to withhold payment in
an amount that
corresponds to the harm caused by PROVIDER, and/or to immediately
suspend,
modify or terminate this Agreement for cause. Events that may
lead to withholding of
funds, and/or suspension, modification or termination for cause
include, but are not
limited to:
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Mohave County Department of Health & Social Services
(1 )
PROVIDER materially breaches this Agreement or is in material
violation of any applicable county ordinance or state or federal law
in conducting activities under this Agreement.
(2)
PROVIDER fails to maintain any license, registration, or permit
required to provide the services specified in this Agreement or fails
to utilize licensed personnel, where required by law;
(3)
PROVIDER, either knowingly or unknowingly, misrepresents, in any
way, information or data furnished to the DISTRICT, or submits
reports that are materially incorrect or incomplete or delinquent;
(4 )
PROVIDER makes improper use of funds;
(5)
PROVIDER fails to resolve to the reasonable satisfaction of
DISTRICT any disallowed or questionable costs and/or operating
practices identified in any prior year program monitoring, site visit
or audit reports;
(6)
PROVIDER engages in unlawful discrimination;
(7)
PROVIDER fails to take timely corrective action in response to
written notification by the DISTRICT;
(8)
PROVIDER is indebted to the United States Government;
(9)
PROVIDER fails to collaborate and cooperate with other CARE
ACT funded or non-funded agencies when deemed necessary to
provide efficient and effective services to the HIV infected/affected
population. This includes failing to attend or send a representative
to meetings scheduled by the DISTRICT and other agencies;
(10)
PROVIDER fails to accomplish Scope of Work, Exhibit A or
fails to meet deliverable due dates indicated in Exhibit B.
(11 )
PROVIDER uses CARE ACT funds for lobbying purposes or
fails to submit to DISTRICT "Disclosure of Lobbying Activities
with Non-Federal Funds" Statement.
(12)
DISTRICT reasonably deems PROVIDER'S performance is
unsatisfactory;
Any withheld funding may be released upon written documentation received by
DISTRICT and DISTRICT concurrence that compliance has been achieved.
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GENERAL PROVISIONS:
A. Record Retention:
PROVIDER agrees to maintain and preserve
all books, documents, paper,
audit reports, contracts, and other records relating to this
Agreement for a period of five
(5) years after termination of this Agreement, or if any litigation,
claim, negotiation, audit
or other action involving the records has been started before
the expiration of the five
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Mohave County Department of Health & Social Services
year period, the records shall be retained until completion
of the action and resolution of
all issues which arise from it or for five (5) years from the
start of the action whichever is
later.
B.
Compliance with Laws, Regulations and Guidelines:
PROVIDER shall comply with all applicable state, federal and county laws
and regulations relating to its performance under this Agreement
as they now exist and
as hereafter amended or otherwise modified. PROVIDER shall perform
all services
under this Agreement in compliance with the US Office of Management
and Budget
(OMB) cost principles and uniform administrative requirements
as promulgated in its
published circulars as well as US Department of Health and Human
Services Public
Health Service Grants Policy Statements, all HRSA CARE ACT program
guidelines,
policies and practices and comply with the Universal Health
Records Standards issued
by H RSA.
PROVIDER shall also be in compliance with the Civil Rights Act of 1964,
Equal Employment Opportunity Act, Anti-Kickback Act, the Davis-Bacon
Act, OSHA
regulations, Clean Air and Clean Water Acts, EPA regulations
and mandatory
standards and policies related to energy efficiency.
In accordance with the Immigration Reform and Control Act of 1986,
PROVIDER shall not employ unauthorized or illegal aliens in
the performance of this
Agreement.
PROVIDER in connection with any service or other activity under this
Agreement, shall not in any way discriminate against any client
on the grounds of age,
race, color, national origin, ancestry, religion, sex/gender,
sexual orientation, mental
disability, physical disability, medical condition, political
beliefs, organizational
affiliations or marital status. PROVIDER shall include this
non-discrimination clause in
all subcontracts/agreements inuring to the benefit of PROVIDER
and/or DISTRICT.
PROVIDER shall also fully comply with all applicable provisions of the
Americans with Disabilities Act of 1990.
PROVIDER shall, without limitation, obtain and maintain all licenses,
permits, and authority legally required to do business, render
services, and/or perform
work under this Agreement.
C. Insurance:
PROVIDER shall carry Commercial General Liability Insurance, the amount
of one million dollars ($1,000,000) per occurrence, two million
dollars ($2,000,000)
aggregate, during the term of the Agreement, unless PROVIDER
has equivalent self-
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Mohave County Department of Health & Social Services
insurance liability coverage through a government agency. Proof
of such insurance or
coverage must be provided by PROVIDER and on file with DISTRICT
upon execution
of this Agreement.
PROVIDER understands and further agrees that regardless of the
coverage
provided by any insurance policy, to indemnify, defend and hold
DISTRICT harmless
from any and all claims, demands, actions, attorneys fees, costs,
and expenses based
upon or arising out of any acts, errors, omissions, fault or
negligence of PROVIDER or
its principals, employees, subcontractors or other agents while
performing services
under this Agreement. PROVIDER shall indemnify, defend and hold
harmless
DISTRICT for any attorney fees or other costs or defense, even
if the allegations of the
claim are groundless, false or fraudulent. PROVIDER shall promptly
inform DISTRICT
of any litigation filed against it in conjunction with any activity
undertaken pursuant to
this Agreement.
D. Required Information:
All statements, press releases, flyers, posters, brochures and
other
documents promoting programs and services funded in whole or
in part with CARE
ACT funds shall specifically reference that funding has been
made available through a
grant from the US Department of Health and Human Services, HRSA
and the Clark
County Health District under the CARE ACT.
When issuing statements, press releases and other documents
describing
projects or programs funded in whole or in part with CARE ACT
funds, PROVIDER
shall clearly state (1) the percentage of the total costs of
the program or project
financed with these funds; (2) the dollar amount of these funds
awarded in support of
the project or program, and (3) percentage and dollar amount
of the total costs of the
project or program that will be financed by other sources.
E. Relationship of the Parties
No employer-employee relationship between the DISTRICT and PROVIDER
is established by this Agreement. PROVIDER is and shall serve
as a professional
independent contractor.
PROVIDER shall not assign, transfer, conveyor otherwise dispose
of this
Agreement or its rights, title, or interest in the same, or
any part thereof, unless
authorized as a part of this Agreement or by the prior written
consent of DISTRICT and
any sureties of the PROVIDER pursuant to the insurance requirements
of this
Agreement.
F. Notices:
All administrative or program notices prescribed by this Agreement
shall be
in writing and deemed effective upon personal service or upon
receipt from United
States Certified Mail, Federal Express Mail, or other equivalent
delivery system. Such
14
Mohave County Department of Health & Social Services
notices shall be postage prepaid with return receipt requested,
addressed to the
appropriate parties at the addresses set forth below or at such
other addresses as the
party may designate in writing in accordance with this Section:
CLARK COUNTY HEALTH DISTRICT
CLARK COUNTY HEALTH
DISTRICT
Karl Munninger
Mary Ellen Harrell, PHN
Manager
Director Administrative Services
Program
Director Ryan White Title I
625 Shadow Lane
625 Shadow Lane
Las Vegas, NV 89106
Las Vegas, NV 89106
P. O. Box 3902
P. O. Box 3902
Las Vegas, NV 89127
Las, Vegas, NV 89127
Telephone: (702) 383-1204
Telephone: (702)
383-1444
Fax: (702) 383-6341
Fax: (702) 383-1446
E-mail: karl@cchd.org
E-mail: Harrell@cchd.org
PROVIDER: MOHAVE COUNTY DEPARTMENT OF HEALTH & SOCIAL SERVICES
Patty Mead, R.N., M.S., Heath Director
P. O. Box 7000
318 N. 5th Street
Kingman, AZ 86402-7000
Telephone: (520) 753-0743
Fax: (520) 718-5547
G. Authority and Responsibility:
Unless otherwise indicated in writing, the following person
has primary
authority and responsibility to carry out this Agreement on
behalf of PROVIDER:
Name and Title:
Patty Mead, R.N., M.S., Health Director
Agency Tax ID Number:
86-6000539
Agency Name:
Mohave County Department of Health &
Social Services
H. Modifications
This document represents the entire Agreement between the parties
with
respect to the subject matter hereof. All prior negotiations
and written and/or oral
agreements between the parties with respect to the subject matter
of this
Agreement are superseded by this Agreement.
No alteration, modification, or variation of the terms of this
Agreement shall
be valid unless made in writing and signed by the parties hereto,
and no oral
understanding or agreement not incorporated herein shall be
binding on either party
hereto.
15
.
Mohave County Department of Health & Social Services
I. Severability:
If any provision of this Agreement is found by a court of competent
jurisdiction to be void, invalid or unenforceable, the same
will either be reformed to
comply with applicable law or stricken if not so conformable,
so as not to affect the
validity or enforceability of the remainder of this Agreement.
Any provision of this
Agreement which is determined to be invalid, void or illegal
shall in no way affect, impair
or otherwise invalidate any other provision hereof, and remaining
provisions shall
remain in full force and effect.
J. Waivers:
No delay or failure to enforce any provision of this Agreement shall constitute
a waiver of that provision as to that or any other instance.
Any waiver granted by a
party must be in writing, and shall apply to the specific instance
expressly stated.
K. Internal Review:
At the conclusion of this Agreement, DISTRICT will conduct an internal
review of PROVIDER'S performance during the term of this Agreement.
This
review will include, but not be limited to, site visits, PROVIDER'S
participation in
DISTRICT sponsored training and contractor meetings, timeliness
of deliverables and
grantee sponsored projects through the COUNCIL.
Results of this review may be
considered when evaluating PROVIDER'S performance for the FY
2004 Request for
Proposal process.
L.
Dispute Resolution:
In the event that a dispute arises under the terms of this Agreement and
the dispute involves the parties to the Agreement or providers
within the Las Vegas
EMA, it is understood that the parties to the dispute shall
meet and confer in an effort to
resolve the dispute. In the event that such efforts to resolve
the dispute are not
successful, the parties shall submit the dispute to non-binding
mediation before a
mutually agreed upon and acceptable person who will act as the
mediator. In the event
that such non-binding mediation efforts are not able to resolve
the dispute, the parties
shall submit the matter to binding arbitration before a mutually
agreeable arbitrator who
serves as such with the Eighth Judicial District Court.
M. Signature:
By signature of this Agreement, PROVIDER agrees to all terms and
conditions as outlined in this Agreement except as may be otherwise
stated herein.
16
.
"
Mohave County Department of Health & Social Services
N. This Agreement shall be construed and enforced in accordance
with the laws
of the State of Nevada. The venue for any legal action regarding
this Agreement shall
be Clark County,
Nevada.
CLARK COUNTY HEALTH DISTRICT
MOHAVE COUNTY DEPARTMENT OF
HEAL TH & SOCIAL SERVICES
II II . .. . . . ill II
I 011 ill III .. . 11II II .
.
III .. . . II II . " ..
I " . III . . . .. II .
. II II . " III .. III ..
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. " III II . . III III ..
~.
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III II III .. .. . III
I". . . II . . . . .
oil to .. . III II . . .
I . . . .. . . '" II .
. ill II III . III .. II .
'..................
Donald S. Kwalick, MD, MPH Tom Sockwell, Chairman
I II II . . .. .. . . ..
Chief Health Officer or Designee
Mohave County Board of Supervisors
Date:
~ /; /03 Date:
APPROVED AS TO FORM:
~5rif\~ '2=f2-
Stephen R. Minagil, Esq. .
Attorney for DISTRICT
17
Mohave County Department of Health and Social Services
BudiJet Preparation Worksheet
2002-2003
Grant Year Mar - Feb
Ryan White Title I Grant 272-04-5185
04/15/20039:21
g :\heal thde\admshare\budaet03\RWBud .xls
FY02/03
FY02/03 Requested
Total
Acct
Adopted
Revised Adjustment
Adjustment
Number
Description Budget
Budget
New Contract
To Base
331.40 Federal Grants
($201,750.00)
($201,750.00) ($158,313.00)
$43,437.00
390.00 Miscellaneous Revenues
$0.00
390.50 Miscellaneous Revenues
$0.00
399.00 Transfer from General Fund
$0.00
Total Revenues
($201,750.00)
($201,750.00) ($158,313.00)
$43,437.00
401.10 SalarieslWages
$38,231.00
$38,231.00 $38,987.00
$756.00
401.20 Overtime
$0.00
401.30 Temporary Employees
$22,885.00
$22,885.00 $15,990.00
($6,895.00)
401.40 Short Term Disability
$0.00
401.90 Market Study Adjustment
$0.00
401.95 Split Fund Salary Allocation
($5,152.00)
($7,925.00) ($9,329.00)
($1,404.00)
402.00 Employee Benefits
$0.00
402.10 FICA
$4,675.00
$4,675.00 $4,14300
($532.00)
402.20 Unemployment Compensation
$0.00
402.30 Health Insurance
$4,206.00
$4,206.00 $8,057.00
53,851.00
402.40 Workers Compensation
$336.00
$336.00 $257.00
($79.00)
402.60 State Retirement
$1,267.00
$1,267.00 $1,100.00
($ 167.00)
402.95 Split Fund Benefit Allocation
($1,201.00
($3,115.00\ ($2,890.00\
$225.00
PERSONAL
$65,247.00 $60,560.00
$56,315.00
($4,245.00)
411.00 Office Supplies
$1,100.00
$700.00 $231.00
($469.00)
411.40 Copies Duplicating Supplies
$400.00
$284.00
($116.00)
411.50 Data Processing Supplies
$0.00
412.20 Food Supplies
$14,673.00
$14,673.00 $20,379.00
$5,706.00
412.30 Drugs & Chemicals
$49,600.00
$49,600.00 $41,310.00
($8,290.00)
412.60 Fuel, Oil & Lubricants
$100.00
$50.00
($50.00)
412.90 Misc. Operating Supplies
$491.00
$391.00 $94.00
($297.00)
413.90 Miscellaneous Repair Supplies
50.00
414.00 Minor Small Tools
$1,000.00
$1,000.00 5116.00
($884.00)
419.70 Housing Assistance Payments
50.00
SUPPLIES
$66,864.00 $66,864.00
$62,464.00
($4,400.00)
431.00 Professional Services
$0.00
50.00 $0.00
$0.00
431.20 Data Processing Services
$684.00
$684.00 $684.00
50.00
431.48 Health Insurance Claims
511,368.00
$21,368.00 $14,30000
(57,068.00)
431.50 Health Services Exams
537,530.00
532,217.00 $16,539.00
(515,678.00)
431.55 Mental Health Service Exams