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Approval of a Revenue Generating Agreement with Promedica Russell

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Approval of a Revenue Generating Agreement with Promedica Russell Agreement Number 48-21-REV-09 REVENUE GENERATING AGREEMENT This Agreement (“Agreement”) is made and entered into by and between the Lucas County Board of Commissioners on behalf of the Lucas County Department of Job & Family Services (“LCDJFS”), and Russell J. Ebeid Children’s Hospital (“ProMedica”). Background ProMedica has a need to enter into an agreement with an agency that is able to determine initial eligibility for certain public assistance programs for certain clients at its facilities identified in Exhibit A ("Location" or "Locations" as the context may require), attached hereto and incorporated herein. LCDJFS is an agency able to make such determinations. ProMedica and LCDJFS (sometimes hereinafter referred to individually as “Party” and jointly as “Parties”) find it mutually beneficial to enter into this Agreement whereby ProMedica shall reimburse LCDJFS for its cost of providing an on-site eligibility worker who shall determine such eligibility for such benefits for ProMedica’s clients. Statement of Agreement 1. Agreement Period: This Agreement shall be effective from October 1, 2020 through September 30, 2021 inclusive (“Agreement Period”), unless otherwise terminated. Upon written mutual consent of the Parties, this Agreement may be extended for a period of up to one (1) year beyond the last day of the initial Agreement Period with all other Agreement terms and conditions remaining the same. 2. Covenants of LCDJFS: a. LCDJFS shall provide dedicated, trained personnel equivalent to one (1) full-time employee (FTE) to serve as an eligibility worker responsible for determining eligibility of certain ProMedica patients for needed public assistance programs at a Location or Locations designated by ProMedica ("Eligibility Worker"). The Eligibility Worker’s hours will be seven (7) hours per day Monday through Friday from 8:30 a.m. to 4:30 p.m. with a paid lunch. The Eligibility Worker will have a choice of a one (1) hour paid lunch; or a one-half (1/2) hour paid lunch and two (2) fifteen (15) minute paid breaks. Should the hours of work at the Location be other than those agreed to above, the Eligibility Worker shall work a seven (7) hour day with a paid lunch as established and agreed to by the Parties. b. The Eligibility Worker shall provide services at Locations determined by ProMedica, including but not limited to Toledo Hospital and Flower Hospital. At no time, however, shall the Eligibility Worker be stationed outside of Lucas County, Ohio. Work assigned to the Eligibility Worker will be for residents of Lucas County or for those with a pending move into Lucas County. 1 Agreement Number 48-21-REV-09 c. The Eligibility Worker shall determine initial eligibility for Medicaid, OWF, Food Assistance applications and other public assistance programs with the assistance of other agency resources, as necessary. d. The Eligibility Worker shall serve as a liaison between ProMedica and LCDJFS by researching application and case status. e. LCDJFS shall be responsible for Eligibility Worker’s performance under this Agreement. LCDJFS warrants that all services provided to ProMedica pursuant to this Agreement will be performed in a competent, timely, and workmanlike manner by trained and qualified personnel. f. If the main location of LCDJFS is closed for a reason, specific to that location, the out stationed staff are still expected to report to their work locations as usual; unless otherwise agreed upon by both parties. g. During the period of time in which the LCDJFS Teleworking Policy is in effect, eligibility staff will work remotely and follow the guidelines of the Temporary Teleworking Agreement. 3. Covenants of ProMedica: a. ProMedica shall, at each assigned Location, provide a locking office with space sufficient to house the Eligibility Worker and at least two clients. Office furniture, including a desk with locking drawers, shall be provided. The key to the locking drawers shall be held only by the LCDJFS Eligibility Worker and their LCDJFS supervisor for the ability to safeguard confidential client information. A phone line will be located within this office. ProMedica will also supply Ethernet Internet connectivity. b. ProMedica shall reimburse LCDJFS on a quarterly basis for any costs incurred relating to the Eligibility Worker’s salary, benefits and additional costs including (but not limited to) travel, supplies and/or equipment expenses. The “not-to- exceed” amount of this Agreement shall be $70,877.00 per year. c. ProMedica shall reimburse LCDJFS within thirty (30) days of receiving an itemized invoice from LCDJFS. Invoices are projected to be submitted quarterly each year the Agreement is in effect. 4. Amendment of Agreement: This Agreement may be modified or amended provided that any such modification or amendment is agreed to in writing by both Parties and is signed by persons so authorized by the Parties. It is agreed, however, that any amendment to laws, rules, or regulations cited herein shall result in the correlative modification of this Agreement, without the necessity for executing a written amendment. 2 Agreement Number 48-21-REV-09 5. Termination: a. This Agreement may be terminated at any time upon thirty (30) days written notice by either Party. In the event the Agreement is terminated for any reason, LCDJFS shall be compensated for the services performed up to the date of termination. Notice of termination shall be sent or otherwise delivered to the following: if ProMedica intends to terminate the Agreement, to LCDJFS Director or designee; or, if LCDJFS is terminating the Agreement, to ProMedica authorized representative or designee. All notices, requests, demands and other communications of any kind which either Party may be required or desires to give or serve upon the other Party under this Agreement shall be made in writing and must be delivered in person, by recognized overnight courier service, or sent by United States mail, first-class, registered or certified, postage prepaid, return receipt requested, and shall be deemed to have been given when mailed or hand delivered to the address listed below the Party's signature block. b. This Agreement may be terminated immediately upon the mutual agreement of ProMedica and LCDJFS in the event there is a loss of funding, disapproval by a federal or state administrative department, or upon discovery of noncompliance with any federal or state law, rule(s) or regulation(s). In the event termination is pursuant to this paragraph, written notice shall be sent as soon as possible after the termination in accordance with paragraph (a) of this Section 5. Either party may immediately terminate this Agreement upon written notice to the other party if a party determines that any part of this Agreement is contrary to law or that complying with the terms of this Agreement may expose it to state or federal sanctions, criminal activity, or civil penalty, or jeopardizes ProMedica’s tax-exempt status. 6. Monitoring and Evaluation: The Parties shall monitor the manner in which the terms of this Agreement are being carried out. Compliance with any established objectives hereunder shall be monitored in order to evaluate the extent to which such objectives are being achieved. 7. Independent Agreement: LCDJFS and ProMedica and their agents and employees, shall act in accordance with this Agreement in an independent capacity, and not as officers, employees or agents of the other Party. LCDJFS shall assume exclusive responsibility for the payment of wages to its employees for services performed by them to ProMedica. 8. Safeguarding of the Client; Confidentiality: The Parties to this Agreement agree that they shall not use any information, systems, or records made available to either Party for any purpose other than to fulfill the obligations specified herein. ProMedica agrees that the use or disclosure by any individual or entity of any personally identifiable information concerning public assistance recipients for any purpose not directly related to the administration of LCDJFS’ or ProMedica’s responsibilities with 3 Agreement Number 48-21-REV-09 respect to delivered services is prohibited, except in accordance with Ohio Revised Code Sections 5160.45 and the regulations thereunder. 9. Civil Rights: LCDJFS and ProMedica agree that as a condition of this Agreement, there shall be no discrimination against any eligible individual or any employee because of race, color, sex, religion, national origin, handicap, or any other factor as specified in Title VI of the Civil Rights Act of 1964, Rehabilitation Act of 1973, and subsequent amendments. 10. HIPAA Compliance: The Parties shall comply, and take reasonable steps to assure that all of their respective employees and agents comply with all applicable state and federal laws and regulations relating to the security, protection and privacy of individually identifiable health care information, including without limitation the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and related regulations, as they may be amended. In the event Hospital determines LCDJFS meets the definition of a “business associate” with respect to Hospital, and as such, Hospital believes a “Business Associate Agreement” (“Agreement”) is required from LCDJFS, it shall so inform LCDJFS. LCDJFS shall then conduct its own research to determine whether the Agreement is needed. In the event LCDJFS determines no Agreement is needed, its determination shall be deemed final and conclusive. If LCDJFS determines that an Agreement is required, it shall ask Hospital to provide it (LCDJFS) with a proposed Agreement, which shall be subject to the review and acceptance by LCDFJS. 11. Drug-Free Workplace: Both Parties agree to comply with all applicable state and federal laws regarding a drug-free workplace. 12. Compliance with all Laws: LCDJFS and ProMedica shall comply with all applicable federal and state laws in the performance of this Agreement. It is further agreed that ProMedica shall train the Eligibility Worker in its (ProMedica's) applicable rules, regulations and policies and that the Eligibility Worker shall comply with those ProMedica rules, regulations and policies while performing their obligations under this Agreement.
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