HomeMy WebLinkAbout10150ORDINANCE NO. 10150
AN ORDINANCE ESTABLISHING PROJECT NO. PS2203 FOR
THE NURSE NAVIGATION PROGRAM, BUDGETING AND
APPROPRIATING FUNDS IN THE AMOUNT OF $201,869 TO
SAID PROJECT, APPROVING AND ACCEPTING GRANT FUNDS
PURSUANT TO THE INTERGOVERNMENTAL AGREEMENT
WITH THE COLORADO DIVISION OF HOMELAND SECURITY &
EMERGENCY MANAGEMENT, APPROVING THE RELATED
NURSE NAVIGATION AGREEMENT BETWEEN PUEBLO, A
MUNICIPAL CORPORATION, AND ACCESS2CARE, LLC AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO that:
SECTION 1.
The Intergovernmental Agreement between Pueblo and the Colorado Division of
Homeland Security & Emergency Management (“Grant”) is hereby approved and the City is
authorized to accept grant funds under the Grant.
SECTION 2.
Grant funds in the amount of $201,869.00 are hereby budgeted and appropriated into
Project No. PS2203, and Project No. PS2203 is hereby established for said purposes.
SECTION 3.
The Nurse Navigation Agreement (“Agreement”) between and Pueblo, a municipal
corporation and Access2Care, LLC, attached hereto, having been approved as to form by the
City Attorney, is hereby approved.
SECTION 4.
The Mayor is hereby authorized to execute said Agreement for and on behalf of the City
and the City Clerk is authorized to affix the seal of the City thereto and attest same.
SECTION 5.
Funds for services performed under the Agreement shall be from Project No. PS2203.
SECTION 6.
The officers and staff of the City are authorized to perform any and all acts consistent with
this Ordinance and the attached Grant and Agreement to implement the policies and procedures
described therein.
SECTION 7.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on March 28, 2022 .
Final adoption of Ordinance by City Council on April 11, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on April 12, 2022 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-6
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: March 28, 2022
TO: President Heather Graham and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, City Clerk
FROM: Barbara Huber, Fire Chief – Fire Department
SUBJECT: AN ORDINANCE ESTABLISHING PROJECT NO. PS2203 FOR THE
NURSE NAVIGATION PROGRAM, BUDGETING AND APPROPRIATING
FUNDS IN THE AMOUNT OF $201,869 TO SAID PROJECT, APPROVING
AND ACCEPTING GRANT FUNDS PURSUANT TO THE
INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO
DIVISION OF HOMELAND SECURITY & EMERGENCY MANAGEMENT,
APPROVING THE RELATED NURSE NAVIGATION AGREEMENT
BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND
ACCESS2CARE, LLC AND AUTHORIZING THE MAYOR TO EXECUTE
SAME
SUMMARY:
This ordinance approves a nurse navigation agreement between Access2Care LLC and the City
of Pueblo and establishes Project PS2203 to manage grant funds related to such agreement.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
This is a 2-year pilot program grant that is through the Colorado Division of Homeland Security.
It will help connect the community to nurse navigation services rather than utilizing 9-1-1 and
emergency rooms. Willing callers will be sent to a nurse’s line after a thorough list of questions
have identified an appropriate need. The long-term effect could be an improved use of connection
to and use of medical resources as well as a reduction in 9-1-1 calls.
FINANCIAL IMPLICATIONS:
There is no cost to the city. Staff time will be required for project management, as well as grant
monitoring and reporting.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
None.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENT:
Agreement
DocuSign Envelope ID:6862E06F-43C1-472A-8D29-23B92F4E3348
Nurse Navigation Agreement
This Nurse Navigation Agreement is entered into effective April 11, 2022 ("Effective Date"), by and between
Access2Care, LLC("Provider")and Pueblo,a municipal corporation within the state of Colorado ("Customer").
1. Purpose. Provider stipulates and acknowledges that this Agreement is supported by Grant No. 2191122PFD
issued by the Colorado Division of Homeland Security and Emergency Management ("State Grant"). The
purpose of this Agreement is to retain Provider to perform the statement of work as set forth in the State
Grant.
2. Term and Termination. This Agreement shall be for a term commencing on the Effective Date and ending June
30, 2023; provided, however,this Agreement shall automatically terminate on any earlier date that the State
Grant is terminated.
3. Services. By July 1, 2022, Provider will provide and maintain through April 10, 2023 a nurse navigation line
staffed under physician supervision as set forth in Exhibit A and all other services set forth herein (collectively,
"Services") on the conditions described herein. Subject to the requirements set forth in Section 10 of this
Agreement, Provider may subcontract certain Services to other qualified Providers and may utilize its sister-
companies to provide Services. In addition to the services set forth in Exhibit A, Provider shall timely provide
mutually agreed upon reports(including quarterly and final reports)that meet and satisfy all requirements of
Section 24-33.5-1618,C.R.S., and the State Grant.
4. Payment for Services. Customer shall be financially responsible to Provider for all Services ordered under this
Agreement as set forth in Exhibit A and at the rates and payment terms set forth in Exhibit Al; provided,
however,the maximum amount Customer shall be financially responsible to pay Provider as full compensation
for all Services shall not exceed $198,294.00. Provider shall only bill the Customer for Services ordered under
this Agreement and shall not bill any patients or third-party payers. Customer shall make payment to Provider
within thirty(30) days of the invoice date and invoice not paid within this period shall accrue interest at the
annual interest rate of the higher of twelve percent(12%)or the statutory interest rate.
5. Insurance.
(a)Provider agrees that it shall procure and will maintain during the term of this Agreement, for claims under
workers' compensation acts, claims for damages because of personal injury including bodily injury, sickness
or disease or death of any of its employees or of any person other than its employees, and from claims or
damages because of injury to or destruction of property including loss of use resulting therefrom; and such
insurance will provide for coverage in such amounts as set forth in subparagraph (b).
(b)The minimum insurance coverage which Provider shall obtain and keep in force is as follows:
(i) Workers' Compensation Insurance complying with statutory requirements in Colorado and in any
other state or states where the work is performed. The Workers' Compensation Insurance policy shall
contain an endorsement waiving subrogation against the Customer.
(ii) Commercial General Liability Insurance. The Provider shall secure and maintain during the period
of this agreement/contract and for such additional time as work on the project is being performed,
Commercial General Liability Insurance issued to and covering the liability of the contractor with respect
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to all work performed by him, to be written on a comprehensive policy form. This insurance shall be
written in amounts not less than $1,000,000 for each occurrence and aggregate for personal injury
including death and bodily injury and$1,000,000 for each occurrence and aggregate for property damage.
Provider will maintain excess insurance in an amount of five million dollars ($5,000,000). The policy of
insurance shall name the City of Pueblo, its agents, officers and employees as additional insureds. The
policy shall provide coverage for contractual liability assumed by Contractor under the provisions of the
Agreement.
(iii) Professional Liability Insurance with coverage of not less than $1,000,000 and in a form and with a
deductible acceptable to owner.
(iv) automobile liability insurance ($1,000,000).
(c)Provider agrees to hold harmless, defend and indemnify Customer from and against any liability to third
parties, arising out of negligent acts or omissions of Provider, its employees,subcontractors and consultants.
6. Notices. Any notice required or permitted by this Agreement shall be in writing and shall be delivered as
follows, with notice deemed given as indicated: (a) by personal delivery, when delivered personally; (b) by
overnight courier then upon delivery thereof as confirmed by such service; (c) by email transmission; or(d) if
mailed within the United States,3 days after deposit in the United States mails, postage prepaid,certified mail
return receipt requested. Notice shall be sent to the following addresses:
If to Customer:
Pueblo Fire Department
1551 Bonforte Blvd
Pueblo,Colorado 81001
Fire Chief Barb Huber
bhuber@pueblo.us
719-553-2830
With copy to:
City Attorney
City of Pueblo
1 City Hall Place,Third Floor
Pueblo,CO 81003
If to Provider:
Access2Care
6363 S. Fiddler's Green Circle,Suite 1500
Greenwood Village,Colorado 80111
Sven Johnson,Senior Vice President
Sven.iohnson@'gmr.net
With copy to:
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Law Department
c/o Global Medical Response, Inc.
6363 S. Fiddler's Green Circle,Suite 1500
Greenwood Village,Colorado 80111
7. Confidentiality. Exhibit Al and Appendices A through F as referenced and incorporated into the Agreement
are those sealed documents attached hereto and labelled Confidential Information. Provider claims such
documents to be confidential financial information ("Confidential Information"). As a municipal corporation,
Customer is subject to CORA, § 24-72-200.1, C.R.S. et seq. In the event that Customer receives a request for
the Confidential Information, Customer will provide written notice thereof to Provider so that Provider may
seek a protective order or other appropriate remedy. Customer shall reasonably cooperate with Provider's
efforts to obtain such relief at no cost to Customer, and Provider shall be responsible for payment of any
attorney fees and costs, if same should be awarded against Customer pursuant to § 24-72-204, C.R.S., which
may arise out of such request and Customer's performance of its obligations hereunder.
8. Laws and Regulatory. The parties: (a)will comply in all material respects with all applicable federal,state and
local laws and regulations including,the federal Anti-kickback statute; (b) represent and warrant that it is not
the intent of either party that any remuneration, benefit or privilege provided for under this Agreement shall
influence or in any way be based on the referral or recommended referral by either party of patients to the
other party or its affiliated Providers, if any, or the purchasing, leasing or ordering of any services other than
the specific services described in this Agreement and any remuneration set forth in this Agreement is fair
market value and negotiated at arm-length; (c) will comply with the provisions under the Health Insurance
Portability and Accountability Act of 1996 and its regulations; (d) acknowledge that if it is a cost reporting
entity that it has been informed of, and will fully and accurately account for, and report on its applicable cost
report, the total value of any discount, rebate or other compensation paid pursuant to this Agreement in a
way that complies with all applicable federal,state and local laws and regulations that establish a"Safe Harbor"
for discounts; (e) represent and warrant that neither it nor any practitioner who orders or provides services
on its behalf has been convicted of any conduct that constitutes grounds for mandatory exclusion under any
federal or state law and each party further represents and warrants that it is not ineligible to participate in
federal or state health care programs or in any other federal or state government payment program; (f) will
make available to the other a copy of its code of conduct,anti-kickback policies and other compliance policies,
as may be changed from time-to-time; (g) represents and warrants that neither it nor any of its officers or
directors have been convicted of a crime against them for: commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or
subcontract;violation of federal or state antitrust statutes relating to the submission of offers;commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax
evasion, or receiving stolen property; (h) represent and warrant that it and its personnel are and, shall at all
times during the term of this Agreement be, properly credentia led, licensed,certified and in good standing in
accordance with all applicable federal, state, and local laws and regulations; and (i)will notify the other party
immediately but no less than five (5) days of any actual knowledge contrary to the requirements set forth in
this section.
9. Force Majeure. Provider shall not be responsible for any delay in or failure of performance resulting from acts
of God, riot, war,civil unrest, natural disaster, labor dispute, acts or regulations of public authorities, or other
circumstances not reasonably within its control.
10. Subcontracts.
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(a)Customer acknowledges that Provider is the prime contractor and the only party with whom Customer has
a contractual relationship under this Agreement. To the extent Provider performs any Services through
subconsultants or subcontractors including its sister-companies, Provider shall contractually bind each of its
subconsultants and subcontractors by subcontract agreement to all of the terms of this Agreement which are
for the benefit of Customer, and Customer shall be a third party beneficiary of those subcontract provisions.
(b)Provider shall indemnify and defend Customer from all claims and demands for payment for services
provided by subcontractors of Provider.
11. Miscellaneous. This Agreement: (a)constitutes the entire agreement between the parties with respect to the
subject matter, superseding all prior oral or written agreements with respect to the subject matter; (b) may
be amended only by written instrument executed by both parties; (c) may not be assigned by either party
without the written consent of the other party (except to affiliates, parents or subsidiaries), such consent not
to be unreasonably withheld; (d)shall be binding on and inure to the benefit of the parties and their respective
successors and permitted assigns; (e) shall be interpreted and enforced in accordance with the laws of the
state where the services are rendered,without regard to the conflict of laws provisions thereof,and the federal
laws of the United States applicable therein. Any unresolved dispute arising from or concerning any breach of
this Agreement shall be decided in a state court of competent jurisdiction located in Pueblo, Colorado; (f)This
Agreement and all other documents contemplated hereunder may be executed using electronic signatures
with delivery via facsimile transmission, by scanning and transmission of electronic files in Portable Document
Format (PDF) or other readily available file format, or by copy transmitted via email, or by other electronic
means and in one or more counterparts,each of which shall be: (1)an original,and all of which taken together
shall constitute one and the same agreement, (2) a valid and binding agreement and fully admissible under
state and federal law,and(3)enforceable in accordance with its terms;(g)this Agreement shall not be effective
until executed by both Parties; (h) if any term or provision of this Agreement is declared to be illegal, invalid
or unenforceable for any reason whatsoever by a court of competent jurisdiction, the illegality, invalidity or
unenforceability shall not affect the validity of the remainder of this Agreement, and to the extent permitted
by applicable law, any such term or provision shall be restricted in applicability or reformed to the minimum
extent for such to be enforceable; and (i) except as otherwise provided herein, no waiver of any of the
provisions of this Agreement shall be valid or effective unless in writing and signed by the Parties hereto; and
no waiver of any breach or condition of this Agreement shall be deemed to be a continuing waiver or a waiver
of any other breach or condition.The Parties represent and warrant that they have not relied upon any prior
or contemporaneous writings, negotiations, proposals, agreements, communications, discussions or
representations. EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY
IN ANY SUIT,ACTION OR PROCEEDING BETWEEN THE PARTIES AND ARISING UNDER THIS AGREEMENT.
12. No Multi-year Fiscal Obligation on Customer.This Agreement is expressly made subject to the limitations of
the Colorado Constitution. Nothing herein shall constitute, nor deemed to constitute,the creation of a debt or
multi-year fiscal obligation or an obligation of future appropriations by the City Council of Pueblo, contrary to
Article X, § 20 Colorado Constitution or any other constitutional, statutory or charter debt limitation.
Notwithstanding any other provision of this Agreement, with respect to any financial obligation of the
Customer which may arise under this Agreement in any fiscal year after 2022, in the event the budget or other
means of appropriations for any such year fails to provide funds in sufficient amounts to discharge such
obligation, such failure shall not constitute a default or breach of this Agreement, including any sub-
agreement,attachment, schedule,or exhibit thereto, by the Customer.
13. PERA Liability. Provider shall reimburse the Customer for the full amount of any employer contribution
required to be paid by the City of Pueblo to the Public Employees' Retirement Association ("PERA")for salary
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or other compensation paid to a PERA retiree performing contracted services for the Customer under this
Agreement. The Provider shall fill out the questionnaire attached as Exhibit B and submit the completed form
to Customer as part of the signed Agreement.
14. STATE-IMPOSED MANDATES PROHIBITING WORKERS WITHOUT AUTHORIZATION FROM PERFORMING
WORK.
(a)At or prior to the time for execution of this Contract, Provider shall submit to the Purchasing Agent of the
City its certification that it does not knowingly employ or contract with a "worker without authorization", as
that term is defined within§8-17.5-101 (9),C.R.S. (herein "Worker without Authorization"), who will perform
work under this Contract and that the Provider will participate in either the "E-Verify Program" created in
Public Law 208, 104th Congress, as amended and expanded in Public law 156, 108th Congress, as amended,
that is administered by the United States Department of Homeland Security or the "Department Program"
established pursuant to section 8-17.5-102(5)(c), C.R.S. that is administered by the Colorado Department of
Labor and Employment in order to confirm the employment eligibility of all employees who are newly hired
for employment to perform work under this Contract.
(b)Provider shall not:
(i) Knowingly employ or contract with a Worker without Authorization to perform work under this
Contract;
(ii) Enter into a contract with a subcontractor that fails to certify to Provider that the subcontractor
shall not knowingly employ or contract with a Worker without Authorization to perform work under this
Contract.
(c)The following state-imposed requirements apply to this Contract:
(i) The Provider shall have confirmed the employment eligibility of all employees who are newly hired
for employment to perform work under this Contract through participation in either the E-Verify Program
or Department Program.
(ii) The Provider is prohibited from using either the E-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this Contract is being
performed.
(iii) If the Provider obtains actual knowledge that a subcontractor performing work under this contract
knowingly employs or contracts with a Worker without Authorization to perform work under this
Contract,the Provider shall be required to:
A. Notify the subcontractor and the Purchasing Agent of the City within three(3)days that the
Provider has actual knowledge that the subcontractor is employing or contracting with a Worker without
Authorization;and
B. Terminate the subcontract with the subcontractor if within three (3) days of receiving the
notice required pursuant to subparagraph (c)(iii)A. above, the subcontractor does not stop employing or
contracting with the Worker without Authorization;except that the Provider shall not terminate the contract
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with the subcontractor if,during such three(3) days,the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with a Worker without Authorization.
(iv) The Provider is required to comply with any reasonable request by the Colorado Department of
Labor and Employment (hereinafter referred to as "CDLE") made in the course of an investigation that
CDLE is undertaking pursuant to its authority under§8-17.5-102(5), C.R.S.
(d)Violation of this Section by the Provider shall constitute a breach of contract and grounds for termination.
In the event of such termination,the Provider shall be liable for City's actual and consequential damages.
(e)Nothing in this Section shall be construed as requiring the Provider to violate any terms of participation in
the E-Verify Program.
«Signature Page follows»
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DocuSign Envelope ID:6862E06F-43C1-472A-8D29-23B92F4E3348
By signing below,each Party acknowledges that they have carefully read and fully understand this Agreement. Each
Party each fully agrees to be bound by the terms of this Agreement.
Provider
Evtat,
DocuSigned by:
By: 306.S6bt,
c‘aJrooeoosNo,...
Sven Johnson
Access2Care
Customer, PUEBLO, a Municipal
Corporation
cl(Aiew,e....4.
Mayor
ATTEST:
City Cler
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DocuSign Envelope ID:6862E06F-43C1-472A-8D29-23B92F4E3348
EXHIBIT B
COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY
ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO
Pursuant to section 24-51-1101(2), C.R.S., salary or other compensation from the employment, engagement, retention or other
use of a person receiving retirement benefits(Retiree)through the Colorado Public Employees Retirement Association(PERA) in an
individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to perform any
service as an employee, contract employee, consultant, independent contractor,or through other arrangements, is subject to employer
contributions to PERA by the City of Pueblo. Therefore,as a condition of contracting for services with the City of Pueblo,this document
must be completed,signed and returned to the City of Pueblo:
(a) To your knowledge, are you, or do you employ or engage in any capacity, including an independent contractor, a PERA
Retiree who will perform any services for the City of Pueblo? Yes , Nox . (Must sign below whether you answer "yes"or "no".)
(b) If you answered"yes"to(a)above,please answer the following question: Are you 1)an individual,2)sole proprietor or
partnership, or 3) a business or company owned or operated by a PERA Retiree or an affiliated party? Yes , No
If you answered"yes"please state which of the above listed entities(1,2,or 3)best describes your business:
(c) If you answered"yes"to both(a)and(b),please provide the name,address and social security number of each such PERA
Retiree.
Name Name
Address Address
Social Security Number Social Security Number
(If more than two,please attach a supplemental list)
If you answered"yes"to both(a)and(b),you agree to reimburse the City of Pueblo for any employer contribution required to
be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or paid to any employee or
independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo. You further authorize the City of
Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by the City of Pueblo under any current
or future contract or other arrangement for services between you and the City of Pueblo.
Failure to accurately complete,sign and return this document to the City of Pueblo may result in your
being denied the privilege of doing business with the City of Pueblo.
Si ned 3/17/2022 20
g
Access2Care, LLC
/—DccuSiyn.G by
By: Svc, jda,
Name:"30SV ' Johnson
Title: SVP Service Innovation
For purposes of responding to question(b)above,an"affiliated party"includes(1)any person who is the named beneficiary or cobeneficiary
on the PERA account of the PERA Retiree;(2)any person who is a relative of the PERA Retiree by blood or adoption to and including parents,siblings,
half-siblings,children,and grandchildren;(3)any person who is a relative of the PERA Retiree by marriage to and including spouse,spouse's parents,
stepparents,stepchildren,stepsiblings,and spouse's siblings;and(4)any person or entity with whom the PERA Retiree has an agreement to share or
otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's regular salary or
compensation.
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