Common use of The County Clause in Contracts

The County. 2.1 Authorities and Responsibilities The County, via the Board of County Commissioners, shall exercise certain responsibilities and authorities with respect to the Community Health Center. These authorities and responsibilities include: 2.1.1 Consistent with Section 1.2.4 of this Agreement, developing the Community Health Center’s annual operating and capital budgets, which will be prepared under the direction of the Community Health Center’s management team and incorporated into the overall County’s Health Department budget. In the event that the County proposes revisions to the budget that impact the portion of the budget applicable to the Community Health Center, such revisions shall be presented to and approved by the Council prior to final approval and implementation by the County. 2.1.2 Subject to Section 1.3 regarding the Executive Director, establishing personnel policies and procedures applicable to any County employee assigned to the Community Health Center, which policies and procedures include, but are not limited to, selection and dismissal policies and procedures, salary and benefit scales, position descriptions and classifications, and employee grievance policies and procedures, all of which shall meet all Oregon and federal employment requirements including, but not limited to, equal employment opportunity, drug free workplace, and non- discrimination. 2.1.3 Adopting policy for financial management practices and accounting systems, including a system to assure accountability for Community Health Center resources and assets, selection of an independent auditor and provision of an annual audit, long-range financial planning, and establishing purchasing policies and procedures consistent with DHHS administrative requirements set forth in 45 C.F.R. Part 75. 2.1.4 Consistent with the provisions of 1.2.8, supporting the Council in its development of policies for billing and collections activities, including a policy regarding determinations of eligibility for services; a schedule of charges; and a schedule of discounts off charges for services provided to uninsured and underinsured patients with annual incomes equal to or below 200% of the federal poverty level, a nominal fee policy for uninsured and underinsured patients with annual incomes less than or equal to 100% of the federal poverty level, related eligibility and verification policies and procedures, and other policies and procedures related to the Community Health Center’s Sliding Fee Discount Program. The Council shall approve the policies for billing and collections activities as set forth in this Section. 2.2 Operational Responsibilities The County shall fulfill the following obligations with respect to the Community Health Center: 2.2.1 Applying for and maintaining all licenses, permits, certifications, and approvals necessary and appropriate for the operation of the Community Health Center. 2.2.2 Receiving, managing and disbursing grant funds consistent with the budget approved in accordance with this Agreement. The County shall not be required to disburse funds for any expenditure not authorized by a budget approved in accordance with this Agreement. Consistent with Section 2.1.1, the County shall seek and obtain the Council’s prior written approval before implementing any line item change in the portion of the Council’s approved budget that is specific to the Community Health Center. 2.2.3 Maintaining the financial affairs of the Community Health Center, including capital and operating borrowing and controlling funds received for services provided by and all income otherwise generated by the Community Health Center, including fees, premiums, thirdparty reimbursements and other State and local operational funding (collectively, “Program Income”), as well as all Program Income greater than the amount budgeted to the Community Health Center (“Excess Program Income”). All Program Income and Excess Program Income shall be used as permitted under, and for such other purposes that are not specifically prohibited by, Section 330 and solely for uses that further the objectives of the Community Health Center’s federally-approved program, consistent Section 330 and the policies and priorities applicable to the Community Health Center. 2.2.4 Supporting the Community Health Center through the County’s Human Resources Department’s recruitment and training resources and activities. 2.2.5 Developing management, reporting and internal control systems for the Community Health Center, in consultation with the Council, that are in accordance with sound financial management procedures, including: 2.2.5.1 The provision for an audit of the Community Health Center on an annual basis, consistent with the requirements of 45 C.F.R. Part 75 and the then current compliance supplement applicable to the consolidated Health Center Program (or any subsequent regulations that may replace and supersede 45 C. F.R. Part 75 and the applicable compliance supplement), to determine, at a minimum, the fiscal integrity of financial transactions and reports; 2.2.5.2 Implementing accounting procedures and controls in accordance with generally accepted accounting principles utilized in operating the Community Health Center, as well as the systems for the development, preparation, and safekeeping of records and books of account relating to the business and financial affairs of the Community Health Center; 2.2.5.3 Maintaining the Community Health Center’s business and financial records separate from records related to other County finances to ensure that revenues and expenditures of the Community Health Center may be properly allocated and accounted for, and that Community Health Center funds will be distinguished and accounted for separately from other funds of the County. All expenditures pertaining to the operation of the Community Health Center (including but not limited to, direct and indirect costs associated with staffing, operational systems, additional administrative support services, and overhead) shall be allocated as Community Health Center costs in accordance with the proportionate amount of time expended by the County’s personnel in providing services to and on behalf of the Community Health Center or the proportionate amount of resources utilized by the Community Health Center; and 2.2.5.4 The preparation and submission of cost reports, supporting data, and other materials required in connection with reimbursement under Medicare, Medicaid, and other third party payment contracts and programs, in which the Community Health Center may from time to time participate. 2.2.6 Providing to patients of the Community Health Center access to the County’s other programs, based on the County’s established eligibility requirements for such programs. 2.2.7 Preparing regular financial statements of the Community Health Center’s budgeted and actual revenues and expenses, and other financial status reports for the Council, and any other reports reasonably requested by the Council, to enable the Council to fulfill its responsibilities for the Community Health Center. 2.2.8 Submitting the required Section 330 grant-related information and reports to DHHS, including but not limited to the Uniform Data System (“UDS”) data and the Federal Financial Report (“FFR”). 2.2.9 Complying with the terms and conditions of the Section 330 grant.