HomeMy WebLinkAboutbocc.con.236.2013 Rev. 08-30-1/jls
COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: �6-2013
ORIGINATING DEPARTMENT: Health and Human Services
PROCUREMENT OFFICER: Nan Sundeen PHONE #: 5209
PROJECT NAME: Local Medical Officer CONTRACTOR: Dr. I{lrrlb0l'�}' S. Levl❑
DOLLAR AMOUNT: 8 700.00 LINE ITEM# 001720000082008
CONTRACT EXECUTION DATE: 7/24/2013 CONTRACT END DATE:
AUTOMATIC RENEWAL: � YES ❑ NO TERM:
❑ QOCC AGENDA ITEM (Grants, IGA) � STAFF AUTHORI"LED S[GNATURE
(Requires BOCC Signature) (Per Revised Procurement Code 7/2005)
❑ OVER$50,000 (Requires Sec[ion Leader& County Managers Signature)
✓ CHECK PROCUREMENT TYPE:
❑ None � Informal ❑ Formal ❑ Sole Source ❑ Emergency ❑ Outside Agency/State Bid
❑ Compliance with C.R.S. 8-17-5-101, 102 as amended (Immigration Form) ❑ Exempt
❑ Contract Renewal � ��� ,���L
✓ CHECK CONTRACT TYPE:
� Services/Maintenance ❑ Employment
❑ License/Use ❑ Intergovernmental Agreement(Resolution Required)
❑ Lease ❑ Non-Profit
❑ Construction ❑ Quasi-Public (e.g.-AVH)
❑ Goods, Equipment, Supplies ❑ Grant Agreements (Notify Pinance & Resolution Required)
❑ Other(e.g. revenue) ❑ Change OrdedConvact Amendment
(C/O: 10%or$25K whichever is the lesser must have County Manager signaWre)
All Contracts should be proofed and all exhibits and notices must be attached for the following:
✓ � No Pages Missing ✓� All Other Blanks Filled In
✓ � If Page Left Intentionally Blank—Note on Page ✓� All Exhibits Attached
✓ � Page numbered consecutively ✓� All Legal Descriptions attached (ijapplrcable)
✓ � All Original Signatures Affixed ✓❑ Notice of AwardMotice to Proceed Attached (ifupp/icuble)
✓ � All Dates Filled In ✓❑ Warranty(if applicable)
✓ � Special Instructions for Finance Department: pay monthly with open PO
✓ � Authorized Procurement Officer's Name: Nan Sundeen
I3Y CHF,CKING ABOVF, ANU ENTERING NAME,THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHED DOCUMENT HA5 BEEN PROOFED AND READY FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST!
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Contract# 2@8-2013 Rev. 8.31.1 I jaa/js
Budget Line Item# 001720000082008
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CONTlL4CT FOR PROVISION OF SER VICES
Local Medical Officer
THIS CONTRACT is made and entered by and between the Pitkin County Board of
County Commissioners ("County") and Kimberly S. Levin, MD, MPH, 1020 Waters Avenue,
#2, Aspen, CO, 816ll (hereinafrer"Contractor").
1. Term. The term of Yhis contract is from July 24, 2013 to December 31, 2013. At the
expiration of the initial term, the contract may be extended automatically, annually, for a one-
year term, unless either party choses to terminate through the termination clause.
2. Contractor's Obli atg ions.
A. Contractor shall meet statutory requirements for medical officer under C.R.S. §
25-1-508 and 6 CCR 1014-6. Contractor shall at all times be licensed to practice medicine in
Colorado without conditions, restrictions, or letters of admonition from any Medical Board.
B. Contractor shall advise the public health director of the Local Public Health
Agency and local Board of Health on medical issues and medical decisions affecting public
health.
C. Contractor shall: serve on Community Health Services, Inc. (Pitkin County Public
Health Agency) non-profit Board of Directors as medical liaison; advise Pitkin County
Environmental Health on environmental health issues; advise the Board of Health and Public
Health Director for the City of Aspen Environmental Health department; if appointed medical
direcror for specific programs far CDPHE or others, Contractor will adhere to required policies,
procedures and other guidance materials; offer medical oversight, consultation and
recommendations, as needed; co-sign recommendations of the nursing personnel and/or nurse
practitioners; adhere to the state statute regarding mandatory reporting of child abuse, child
sexual assault, and domestic violence; maintain confidentiality and adhere to local public health
agency HIPAA policies; approve various medical protocols, including (but not limited to):
anaphylaxis protocols, immunizations, etc.; provide recommendations on orders/prescriptions for
clients needing disease control services, such as specimen collection, testing, and antibiotic
prophylaxis, as needed; if required by program, monthly review of (a certain percentage) of
patient records; meet with staff on a regular basis to provide consultation, guidance, and training
on disease surveillance, investigation, prevention, and control strategies; provide consultative
services, as needed, during large disease outbreaks; in the event of an emergency, assist Public
Health Agency staff in securing the cooperation of key health partners in planning and
implementing a mass prophylaxis clinic (liaison); additionally, provide on-site physician services
for community mass prophylaxis clinics (as ouUined in the Public Health Emergency Operations
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Plan); participate in the Community Health Assessment process and provide medical and public
health expertise during the creation and implementation of county Public Health [mprovement
Plan; review the county Emergency Preparedness Plan annually and provide recommendations
for improvements.
D. If Pitkin County's public health agency bills for services, a section of the
Contractor's job duties shall be devoted to supervision or responsibilities related to those
services, and additional requirements such as DEA registration (to order any pharmaceuticals
including vaccines from a private vendor), provider number for Medicaid and Medicare Services
and malpractice insurance for billing. If the County's. public health agency offers Family
Planning Services, a sepazate contract meeting the Title X Family Planning Services Guidance
shall be executed.
3. Compensation and Expenses, Invoicine, Pavment and Offset. The County shall
compensate Contractor for her services. The County shall pay Contractor $725.00 per month. It
is expressly understood and agreed that in no event will the total compensation and
reimbursement to be paid hereunder exceed the sum of $8,700.00 annually for all services .
rendered.
4. Pitkin Countv's Obligations. Pitkin County shall administer this contract through a
County Representative. Nancy Sundeen will manage the project as the County's Representative.
In the event that Nancy Sundeen is not available, Mitzi Ledingham, Deputy Director shall
assume the County Representative's duties. The services provided and products delivered by the
Contractor under this contract will be subject to review by the County's Representatives, or a
designee, for compliance with Contractor's obligations prior to final payment
5. Termination.
A. The County has the right to terminate this contract, with or without cause, by
giving written notice to the Contractor of such termination and specifying the effective date
thereof. Such notice shall be given at least ten (]0) days before the effective date of such
termination. In such event all finished or unfinished documents, data, studies and reports
prepared by the Contractor pursuant to this contract shall become the County's property.
Contractor shall be entitled to receive compensation in. accordance wiCh the contract for any
satisfactory work completed pursuant to the terms of this contract prior to the date of
termination. Notwithstanding the above, Contractor shall not be relieved of liability to the
County for damages sustained by the County by virtue of any breach of the contract by the
Contractor.
B. The County's obligations under this contract are subject to Pitkin County's annual
right to budget and appropriate the sums necessary to provide the services set forth herein. No
provisions of the contract shall constitute a mandatory charge or requirement in any ensuing
fiscal yeaz beyond the then current fiscal year of Pitkin County. This contract shall not directly
or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin
County's then current fiscal year. The County has the right to terminate this contract if funds are
not appropriated for this contract.
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6. Independent Contractor Status.
A. The parties to this contract intend that the relationship between them
contemplated by the contract is that of independent contractor. Contractor, and any agent,
employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of
Pitkin County.
B. Contractor is not required to offer her services exclusively to Pitkin County under
this contract. Contractor may choose to work for other individuals or entities during the term of
this contract, provided that the basic services and deliverable products required under this
contract are submitted in the manner and on the schedule defined under this contract.
C. Contractor warrants that all work produced will conform to all applicable industry
standard of care, skill and diligence in the performance of Contractor's obligations under this
contract. � �
D. Contractor shal( not attempt to oversee or supervise the work or actions of any
Pitkin County employee, servant or agent in the course of completing work under this contract.
E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin
County and is responsible for payment of any federal, state, FICA and other income taxes.
7. Assignability. This contract is not assignable by either party. Any use of subcontractors
by the Contractor for performance of this contract must be accepted in writing by the County.
8. Binding Arbitration. Any disputes arising out of this contract shall be subject to binding
arbitration. The parties agree that any disputes conceming the terms and conditions of this
contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted
pursuant to the rules of the American Arbitration Association and shall be presided over by the
Pitkin County Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs of
the arbitration shall be awazded to the substantially prevailing paRy.
9. Severabilitv. In the event that any provision of this contract shall be held ro be invalid or
unenforceable, the remaining provisions of this contract shall remain valid and binding upon the
parties hereto.
10. [ntegration and Modification.
A. This contract represents the entire and integrated contract between the County and
the Contractor and supersedes all prior negotiations, representations, or contract, either written or
oral. This contract may be amended only by written contract signed by both the County and the
Contractor.
B. The County may, from time to time, request changes in the scope of services of
the ConVactor to be performed hereunder. Such changes, including the increase or decrease in
the amount of the Contractor's compensation, which are mutually agreed upon between the
County and the Contractor, shall be in writing and upon execution shall become part of this
contract.
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11. Indemnitv. The Contractor agrees to indemnify, hold hannless and, not excluding the
County's right to participate, defend the County, its subsidiary, parent, associated and/or affiliated
entities, successors, or assigns, its elected officials, trustees, employees, agents, volunteers, and any
jurisdiction or agency issuing permits for any work within the scope of this contract, hereinafter
referred to as indemnitee, from all suits and claims, including attorney's fees and cost of litigation,
actions, loss, damage, expense, cost or claims of any character or any nature azising 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 couR decree.
12. Insurance. The County agrees to provide Contractor liability coverage, for her activities in
the capaciry as the Pitkin County Boazd of Health's Local Medical Officer, through the County's
Public Entiry Liabiliry Coverages. It will be Contractor's responsibility to maintain medical
malpractice coverage.
13. Records. The Contractor shall maintain comprehensive, complete and accurate books,
records, and documents conceming its performance relating to this contract for a period of three
(3) years after final payment under the contract and the County shall have the right within the three
(3) year period to inspect and audit these books, records and documents, upon demand, in a
reasonable manner and at reasonable times, for the purpose of determining, by accepted accounting
and auditing standards, compliance with all provisions of the contract and applicable law.
14. Contract Made in Colorado. The parties agree that this contract was made in accordance
with the laws of the State oF Colorado and shall be so construed: Venue is agreed to be
exclusively in the courts of Pitkin County, Colorado.
15. Attomev's Fees. In the event that legal action is necessary to enforce any of the provisions
of this contract beyond the azbitration described in Paragraph 8, the substantially prevailing party
shall be entitled to its costs and reasonable attomey's fees.
16. Governmental Immunitv. Contractor agrees and understands that Pitkin County is
relying on and does not waive, by any provision of this contract, the monetary limitations or
terms (presently $150,000 per person and $600,000 per occurrence) or any other rights,
immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-]O1,
et seg., C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of
its officers, agents or employees. Further, nothing in this contract shall be construed or interpreted
to require or provide for indemnification of the Contractor by the County for any injury to any
person or any property damage whatsoever which is caused by the negligence or other misconduct
of the County or its agent or employees.
17. Notice. Any written notice required by this contract shall be deemed delivered through any
of the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with
confirmation of receipt to the fax number below; or (3) within three (3) days of being sent certified
first class.mail, postage prepaid, return receipt requested addressed as follows:
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Budget Line Item# 001720000082008
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A. To Pitkin County with copies to:
Nancy Sundeen Pitkin County Attorney's Office
0405 Castle Creek Road, #8 530 E. Main Street, Suite #302
Aspen, Colorado 81611 Aspen, Colorado 81611
Fax: 970-544-1850 FaY: (970) 920-5198
Nan.sundeen(c�co.pitkin.co.us
B. To Contractor:
Dr. Kimberly Levin
1020 Waters Ave, #2
Aspen, CO 816ll
970-366-1617
Kimber1y0804(c�gmail.com
18. Public Contracts for Services and Public Contracts with Natural Persons. In
conformance with the provisions of C.R.S. § 8-17.5-101 and 102, as amended and C.R.S. § 24-
76.5-101, as amended:
PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-1OL [Not Applicab[e to agreements .
relating to the ojfer, issuance, or sale of securities, investment advisory services or fund
management services, sponsored projects, intergovernmenta! agreements, or information
technology services or products and services] Contractor certifies, warrants, and agrees that it
does not knowingly employ or contract with an illegal alien who will perform work under this
contract and will confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this contract, through participation in
the E-Verify Program or the Department program established pursuant to CRS §8-17.5-
102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform
work under this contract or enter into a contract with a subcontractor that fails to certify to
Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this contract. Contractar (a) shall not use E-VeriFy Program or Department
program procedures to undertake pre-employment screening of job applicants while this contract
is being performed, (b) shall notify the subcontractor and the contracting State agency within
three days if Contractor has actual knowledge that a subcontractor is employing or contracting
with an illegal alien for work under this contract, (c) shall terminate the subcontract if a
subcontractor does not stop employing or contracting with the illegal alien within three days of
receiving the notice, and (d) shall comply with reasonable requests made in the course of an
investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor
and Employment. If Contractor participates in the Department program, Contractor shall deliver
to the contracting State agency, Institution of Higher Education or political subdivision a written,
notarized affirmation, affirming that Contractor has examined the legal work status of such
employee, and shall comply with all of the other requirements of the Department program. If
Contractar fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq.,
the contracting State agency, institution of higher education or political subdivision may
terminate this contract for breach and, if so terminated, Contractor shall be liable for damages.
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PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a
natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of
perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant
to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has
produced one form of identification required by CRS §24-76.5-103 priar to the effective date of
this contract. �
IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out
herein above.
CONTRAC OR:
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BY: �.�
Kimb rly S. vin Date
PITKIN COUNTY, COLORADO:
By: �� �� ��/zs��
Nancy Sunde n ate
-... �
By l'-....._..._....�/ �_ ��JG !�
Phylis"14fatti e;'Assistant County Manager Date
IF A NO - ARD/ADDITIONAL LANGUAGE ADDED:
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a Makar, Assistant County Attor ey ate K 's Jewkes, Risl anagement ate
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Budget Line Item#0017200000R2008
MEMORANDUM
TO: File
FROM: (Nan Sundeen) � '
RE: U�der$l OK (Local Medical Officer)
DATE:
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Description of Project: Pitkin County is required to have a Local Medical Officer when the
Public Health Director is not a physiciaa Dr. Morris Cohen resigned after serving in this
position for over 7 years. The position was adver[ised in the Asperi Times several times, a small
team was assembled to interview candidates and 4 interviews were conducted. Dr. Kimberly
Levin was chosen as the top candidate. The Board of Health interviewed her and appointed her
by resolution on July 24`h, 2013 during a regular meeting.
Budget: 8,700.00
On project list approved by BOCC: (yes)
Contractors Contacted: (who and how)
Advertisements in the Aspen Times, direct calls made to physicians who have expressed interest
in the past. In person interviews with Dr. Susan Zimet, Dr. Paula Kadishen, Dr. Tomas KuR, Dr.
Kimberly Levin.
Proposals Received: Resume's received
Firms chosen: Dr. Kimberly Levin was chosen because she has both a Masters in Public Health
and an MD. She is currently practicing in Aspen and Rifle and has an excellent reputation with
her peers. She is bi-lingual and has focused her career on access to health for all populations.
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Aut orized Sign ture
For sole source and/or emergency procurement—use designated forrns.
Note: Every effort should be made to obtain a written contract when otherwise required under
County procedures. When a contract is obtained, complete the Clerk's check list and send the
original si�med contract with coversheet to clerk's office for archiving.
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Pitkin County
Purchase Requisition Exceeding $ 50,000 or Automatic Payments
Please follow the procurement code compliance checklist on the back of this form.
Obtain all appropriate approval signatures below before sending completed Requisition to the Finance Department
Section(i)Project and Budget Informalion
Department: Health and Human Services Date: 07.25.2013
Project: Local Medical Officer Budget: $8,700.00
Project Component Item Budget: Oc l7ZG'OCGG�ZL'b�"
Section(2)Vendor Information
Vendar#
Name: Dr. Kimberly S. Levin
Address: 1020 Waters Ave,#2,
City, State, Zip: Aspen CO 81611
Section(3)Source Selection--Numbers in parenthesis refers to section of Pmcurement Code.
Source Selection-Indicate Method Used:
Competitive Sealed Proposal (3-202) ` Sole Source (3-205)
Multi-step Proposals (3-203) ' Emergency (3-206)
' XX Small Purchase/Informal Bid (3-204) " State Bid (3-207)
* Attach Memo
Section(4)Accounting Information
Ledger Number Item Description Amount
1.72E+12 r_ t� Zo'��'�'�?� 6�-�'� �
Local Medical Officer 8,700.00
Section(5)Special Instructions
Order executed by: Purchase Order X Contract Other
ac con ract& note date execu��
Special Instructions for Finance:
Pro-rate month of July (from July 24th�Then pay $725 monthly.
Sec[ion(6)Approvals
We have reviewed the file documenting this procurement and certify that it is complete and in
compliance with the Pitkin County Procurement Code. (�
Location of Procurement file: j���- �,� �'_� ,,} \� �; .,����� �� ���
De t. Head: Date: Sect. Head: Nan Sundeen 7252013
>$50,000 County Mgr : Date: >$50,000 BOCC action date:
�n:�coun�nance\IOrms12M5 PO rep.tls rev 1/[005'
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RESERVED