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HomeMy WebLinkAbout20102579.tiff l^ CORRECTIONAL W t,Htn, HEALTHCARE COMPANIES www.correctioncare.com 6200 S.Syracuse Way#440, Greenwood Villaae, CO 80111 November 8, 2012 Attn: Sheriff John Cooke Weld County North Jail Complex 2110 O Street Greeley, CO 80631 Re: MUTUAL AGREEMENT TO TERMINATE Dear Sheriff: This correspondence shall serve as a mutual agreement to terminate the Agreement for Inmate Health Care Services at Weld County, Colorado effective January 1,2011 through December 31, 2013,between Weld County, Colorado and Correctional Healthcare Companies, Inc. Effective November 30, 2012 at 11:59 p.m.,the parties mutually agree that the above agreement will be terminated. I agree to the above stated terms and I am a duly authorized representative acting in my capacity to execute this Mutual Agreement to Terminate. CORREC O AL HEALTHCARE COMPANIES,INC. By: Dougl D. G tz Title: Chi Ex ive Officer WELD COUNTY,COLORADO By: ----- Sean P. Conway Title: Chair, Board of County Commissioners NOV 1 4 2012 42117a3 61e±ien.1_ 11- A - acia >•?c io _ 75'7; Providing comprehensive medical, mental and behavioral to 3 healthcare solutions to the criminal justice system nationwide. THIRD AMENDMENT TO THE AGREEMENT FOR INMATE HEALTH CARE SERVICES AT WELD COUNTY, COLORADO (Effective January 1, 2012) This is the Third Amendment to the Agreement for Inmate Health Care Services at Weld County, Colorado effective January 1, 2011 through December 31, 2013 as amended twice on January 1, 2012 (hereinafter "AGREEMENT") between Correctional Healthcare Companies, Inc., (hereinafter "CHC") and Weld County, Colorado (hereinafter the"COUNTY"). NOW THEREFORE, IN CONSIDERATION of the foregoing facts, the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. the Patties agree that effective January I, 2012 and for the duration of the AGREEMENT, Paragraphs 2.0.11 and 2.0.13 of the AGREEMENT shall be deleted and amended to state as follows: 2.0.1 1 Up to 6 hours per week of Dentist services to he assigned by CHC. 2.0.13 Up to 3 hours per week or up to 6 hours every other week of Psychiatrist services to be assigned by CHC. Paragraph 8.1.3 shall be added to the AGREEMENT to state as follows: 8.1.3 ADJUSTMENT FOR STAFFING CHANGES. The monthly reconciliation shall include an adjustment based on stalling hours provided in Paragraphs 2.0.8, 2.0.9, 2.0.11 and 2.0.13. For each month reconciled, if actual staffing hours are less than those in Paragraphs 2.0.8, 2.0.9, 2.0.11 and 2.0.13, then CHC will issue a credit to the COUNTY for the difference between the hours contracted and the hours provided at the current hourly rate. Except for the provisions amended by this document, all other provisions of the AGREEMENT shall remain in full force and effect and unchanged. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed in their names or their official acts by their respective representatives, each of whom is duly authorized to execute the same. AGREED TO AND ACCEPTED AS STATED ABOVE: County of Weld, Colorado Correctional Healthcare Com panies Inc. By: c C By: Sean P.Conway Doug s D. G tz Title: Chair, Board of County Commi ners Title: Chief Exe tive Officer Date: APB 2 3 2012 Date: 11-//`75. \ ono( ;() SkEr\aNO5 Sd D03/ x-9.3 iz Weld County Adu Facilities Colorado/CHC Amendment CQ, Pa 50 I ge i �>Le2zi Z7 LA -avl 3 S A/972 cia By: 'j7/ 7/L-- ee 9 Barker Ti e: County Attorney Date: APR 2 3 2012 ATTEST: 5 • By: 1L �� � /I? .a ' O 1/42 t �` , Title: Deputy uerk to the Board `. Date: APR 2 3 2017 Weld County Adult Facilities Colorado/CFIC Amendment Page 2 of 2 SECOND AMENDMENT TO THE AGREEMENT FOR INMATE HEALTH CARE SERVICES AT WELD COUNTY, COLORADO (Effective January 1, 2012) This is the Second Amendment to the Agreement for Inmate Health Care Services at Weld County, Colorado effective January 1, 2011 through December 31, 2013 as amended January 1, 2012 (hereinafter "AGREEMENT") between Correctional Healthcare Companies, Inc., (hereinafter "CHC") and Weld County, Colorado (hereinafter the "COUNTY"). NOW THEREFORE, IN CONSIDERATION of the foregoing facts, the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree that effective January 1, 2012 and for the duration of the AGREEMENT, Paragraph 8.0.1 of the AGREEMENT shall be deleted and amended to state as follows: 8.0.1 YEAR 2. Effective January, 2012, the base annual amount to be paid by the COUNTY to CHC in Year 2 shall be Two Million Six Hundred Thirty-One Thousand Three Hundred Thirty-Nine Dollars and twelve cents ($2,631,339.12), which represents a 0% increase. Except for the provisions amended by this document, all other provisions of the Agreement shall remain in full force and effect and unchanged. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed in their names or their official acts by their respective representatives, each of whom is duly authorized to execute the same. AGREED TO AND ACCEPTED AS STATED ABOVE: County of Weld, Colorado Correctional Healthcare Companies, Inc. By: , —� By: Sean P.Conway t� Dou as D. oetz Title: Chair, Board of County Commissioners Title: Chief E cut. e Officer Date: J 1 201 Date: / 10 lV 2 AI By: Bru . Bar er Tit e: County Attorney Date: JAN 1 6 2012 I ong 4O 3/erl,nqJ G'. Weld County Adult Facilities Colorado/CHC Amendment '8 "a � S 0 Page 1 of 2 /- /a 6/b-- S7 / }y IYnLa\ ATTEST: � 1. 4:; 1661 By: /I / A Title: Deputy Clerk to the Board �► Date: JAN 1 6 2012 Weld County Adult Facilities Colorado/CHC Amendment Page 2 of 2 FIRST AMENDMENT TO THE AGREEMENT FOR INMATE HEALTH CARE SERVICES AT WELD COUNTY, COLORADO (Effective January 1, 2012) This is the First Amendment to the Agreement for Inmate Health Care Services at Weld County, Colorado effective January 1, 2011 through December 31, 2013 (hereinafter "AGREEMENT") between Correctional Healthcare Management, Inc., (hereinafter "CHM") and Weld County, Colorado (hereinafter the "COUNTY"). WHEREAS, CHM as part of its corporate re-branding will merge into Correctional Healthcare Companies, Inc.; and WHEREAS, Correctional Healthcare Companies, Inc., and CHM have common corporate ownership, officers and directors; and WHEREAS, the parties desire to change the name reflected in the AGREEMENT from Correctional Healthcare Management, Inc., to Correctional Healthcare Companies, Inc., a Delaware Corporation. NOW THEREFORE, IN CONSIDERATION of the foregoing facts, the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree that effective January 1, 2012 and for the duration of the AGREEMENT, the AGREEMENT shall be amended as follows: All references to Correctional Healthcare Management, Inc., in the AGREEMENT are hereby deleted and replaced with "Correctional Healthcare Companies, Inc., a Delaware Corporation" and all references in the AGREEMENT to the abbreviation CHM are hereby deleted and replaced with"CHC". Paragraph 2.0.1 of the AGREEMENT shall also be deleted and amended to state as follows: 2.0.1 A total of 200 hours per week of Registered Nurse services to be assigned by CHC. Except for the provisions amended by this document, all other provisions of the Agreement shall remain in full force and effect and unchanged. 0(ik E5 S (e%asktf �e 1110.- LC . SG; PU 02O/O_ 2579 ia -i�l-aaii l _ lit � I sr)CO3/ Weld County Adult Facilities Colorado/CHC Amendment Page I of 2 IN WITNESS WHEREOF, the parties have caused this Amendment to be executed in their names or their official acts by their respective representatives, each of whom is duly authorized to execute the same. AGREED TO AND ACCEPTED AS STATED ABOVE: County of Weld, Colorado Correctional Healthcare Management, Inc. BY: -Limo-- ,7-` Oc./likLLE i arbara Kirkmeyer / By: Title: Chair, Board of County Commissioners Dougla . Goet Title: Chie Execuf e Officer Date: DEC 1 4 11 2 Date: By: B ef. Barker Correctional Healthcare Companies. Title: Weld County Clerk to the Board Inc. Date: DEC 1 4 2011 ,---,L.;.:-.--_-,,, B �, _ y: i ��� Dougla . oe ATTEST: is- tle: Chief Execu ve Officer y By: I/ i ' ►.I - p , ate: Title: Deputy Clerk to the Board \;&..)11t a°lJ V Date: DEC 14 2011 Weld County Adult Facilities Colorado/CHC Amendment Page 2 of 2 aoro-,?529 AGREEMENT FOR INMATE HEALTH CARE SERVICES AT WELD COUNTY,COLORADO Effective January 1,2011 through December 31,2013 This Agreement for Inmate Health Services (hereinafter, the "AGREEMENT") entered into by and between the County of Weld, a municipality in the State of Colorado, (hereinafter, the "COUNTY") acting by and through its duly elected Board of COUNTY Commissioners, (hereinafter the "BOARD") and Correctional Healthcare Management, Inc., (hereinafter, "CHM") a Colorado corporation. RECITALS WHEREAS, the COUNTY and the duly elected Sheriff (hereinafter the "SHERIFF") are charged by law with the responsibility for administering, managing, and supervising the health care delivery system of the Weld County North Jail Complex located at 2110 O Street, Greeley, Colorado, 80631 (hereinafter, "JAIL"); and WHEREAS, the objective of the COUNTY is to provide for the delivery of quality health care to the INMATES and DETAINEES of the JAIL (hereinafter, "JAIL POPULATION"), in accordance with applicable law; and WHEREAS, CHM is in the business of administering correctional health care services and desires to administer such services on behalf of the COUNTY to the JAIL POPULATION under the terms and conditions hereof. NOW THEREFORE, in consideration of the covenants and promises hereinafter made, the parties hereto agree as follows: DEFINITIONS CONTRACT YEAR — The initial, and any successive, twelve (12) month period beginning with the effective date of the AGREEMENT. COUNTY INMATES/DETAINEES —An INMATE/DETAINEE held under the jurisdiction of the COUNTY or SHERIFF. COUNTY INMATES/DETAINEES may be housed in the JAIL or in another jurisdiction's correctional facility. However, COUNTY INMATES/DETAINEES housed in another jurisdiction are not covered by the provisions of this AGREEMENT unless CHM administers health care services at the other jurisdiction's facility and is specifically set forth below. COVERED PERSONS — An INMATE/DETAINEE of the JAIL who is: (1) part of the JAIL's MADP; and (2) FIT FOR CONFINEMENT; and (3) incarcerated in the JAIL. DETAINEE — An adult or juvenile individual whose sentence has not yet been adjudicated and is held as a pre-trial detainee or other individual held in lawful custody. oriel 35-ex lvt� G A J CC : So fa Soo on k scrtf e rnck, X 51 1 -5-11 I2 - 7 7-im Leto z s7t EMERGENCY DENTAL SERVICES- Those services necessary for the relief of dental pain, bleeding, infection or trauma. Such services include, but are not limited to, x-ray, extractions and other medically necessary restoration. FIT FOR CONFINEMENT — A determination made by a CHM authorized physician and/or health-trained JAIL staff that an INMATE/DETAINEE is medically stable and has been medically cleared for acceptance into the JAIL. Such determination shall only be made after resolution of any injury or illness requiring immediate transportation and treatment at a hospital or similar facility. HEALTH CARE STAFF— Medical, mental health and support staff provided by CHM. CHM CHIEF MEDICAL OFFICER — CHM's Chief physician who is vested with certain decision making duties under this AGREEMENT. INMATE — An adult or juvenile individual who is being incarcerated for the term of their adjudicated sentence. MONTHLY AVERAGE DAILY POPULATION (MADP) — The average number of INMATES/DETAINEES housed in the JAIL on a daily basis for the period of one month. The MADP shall include, OTHER COUNTY INMATES/DETAINEES. The MADP shall be figured by summing the daily population for the JAIL and OTHER COUNTY INMATES/DETAINEES (as determined by a count performed at the same time each day) for each day of the month and dividing this sum by the total number of days in the month. JAIL records shall be made available to CHM upon request to verify the MADP. Persons on work release home confinement, housed outside of the JAIL, and parolees and escapees shall not be considered part of the JAIL's MADP. NCCHC—The National Commission on Correctional Health Care. OTHER COUNTY INMATE/DETAINEE — An INMATE/DETAINEE under the jurisdiction of another county, state or federal agency, who is being housed in the JAIL. PHYSICIAN EXTENDER — An advanced level healthcare professional such as a Nurse Practitioner, Physician Assistant, or Clinical Nurse Specialist. SPECIALTY SERVICES — Medical services that require physicians to be licensed in a specialty such as obstetrics, gynecology, or dermatology or other specialized field of medicine, excluding services that are otherwise provided for in this AGREEMENT. ARTICLE I HEALTH CARE SERVICES 1.0 SCOPE OF SERVICES. CHM shall administer health care services and related administrative services at the JAIL according to the terms and provisions of this Weld County,Colorado Adult Facility/CHM Agreement Page 2 of 25 II-23-10 AGREEMENT. CHM will provide utilization management, extend all provider discounts to the COUNTY and pay these expenses on behalf of the COUNTY. The costs of the various health care services shall be borne by CHM or the COUNTY as set forth in this Article. 1.1 GENERAL HEALTH CARE SERVICES. CHM will arrange and bear the cost of the following health care services: 1.1.1 RECEIVING SCREENING. A receiving screening of an INMATE/DETAINEE shall be performed within eight (8) hours after the INMATE/DETAINEE's booking into the JAIL or sooner as may be indicated by the booking risk assessment. Upon the request of an officer, the receiving screening shall be performed within ten (10) minutes, or as soon as reasonably possible given the circumstances at the time of the request, HEALTH ASSESSMENT. A health assessment of a COVERED PERSON shall be performed as soon as possible, but no later than fourteen (14) calendar days after the INMATE/DETAINEE's arrival at the JAIL. The health assessment shall follow current NCCHC guidelines. 1.1.2 SCHEDULED SICK CALL. A qualified healthcare professional shall conduct sick calls for COVERED PERSONS on a daily basis and in a clinical setting. A physician will be available to see COVERED PERSONS at least once per week. 1.2 AMBULANCE SERVICE. CHM shall arrange and bear the cost of emergency ambulance services for COVERED PERSONS. Costs for such services shall be included in the CAP AMOUNT listed in Section 1.19. 1.3 BODY CAVITY SEARCHES/COLLECTION OF PHYSICAL EVIDENCE. CHM HEALTH CARE STAFF will not perform body cavity searches, nor collect physical evidence (blood, hair, semen, saliva, etc.), except within guidelines established by the NCCHC. If CHM HEALTH CARE STAFF collect physical evidence, the COUNTY shall be responsible for arranging any testing and bear the cost of collection and testing the collected evidence. After collecting evidence, CHM HEALTH CARE STAFF shall turn the specimen over to the SHERIFF or a court-designated representative for completion of chain-of-custody evidence. 1.4 DENTAL - ORAL SCREENING AND EMERGENCY DENTAL SERVICES ONLY. CHM shall arrange and bear the cost of oral screening (as defined by NCCHC guidelines) of all COVERED PERSONS. CHM shall arrange and bear the cost of EMERGENCY DENTAL SERVICES only if CHM's CHIEF MEDICAL OFFICER or designee determines that such care is medically necessary. In the event that the JAIL POPULATION requires any other dental services, the COUNTY shall bear the cost. Costs for such off-site services shall be included in the CAP AMOUNT listed in Section 1.19. Weld County,Colorado Adult Facility/CHM Agreement Page 3 of 25 11-23-10 1.4.1 Dental sick call will be provided with no more than a ten (10) day waiting period to be seen. 1.5 ELECTIVE MEDICAL CARE - NOT COVERED. CHM shall not be responsible for the provision or cost of any elective care. In the event a member of the JAIL POPULATION requires elective care, the INMATE/DETAINEE or COUNTY shall be responsible for all costs. Elective medical care shall be defined as care which, if not provided, would not, in the sole opinion of CHM's CHIEF MEDICAL OFFICER or designee, cause the INMATE/DETAINEE'S health to deteriorate or cause harm to the INMATE/DETAINEE'S well being. Decisions concerning elective medical care shall be consistent with the applicable American Medical Association (AMA) Standards. 1.6 HOSPITALIZATION. CHM will arrange and bear the cost of hospitalization for a COVERED PERSON who, in the opinion of the treating physician and/or CHM's CHIEF MEDICAL OFFICER or designee, requires hospitalization. Costs for such services shall be included in the CAP AMOUNT listed in Section 1.19. 1.7 LONG TERM CARE —NOT COVERED. CHM shall not be responsible for the provision or cost of any long term care facility services. In the event that a member of the JAIL POPULATION requires skilled care, custodial care or other services of a long term care facility, the COUNTY shall bear the cost. 1.8 MEDICAL EQUIPMENT OVER $100. In the event that the Parties mutually agree that medical equipment in excess of$100 per unit cost is required to assist in providing health care services to COVERED PERSONS under this AGREEMENT, the COUNTY shall bear the cost of such equipment. 1.9 MEDICAL SUPPLIES/EQUIPMENT OF $100 OR LESS. CHM shall provide and bear the cost of medical supplies (i.e. alcohol prep pads, syringes, etc.) and equipment (i.e. thermometers, scales, etc.) required to administer the terms of the AGREEMENT, which have a unit cost of$100 or less, but does not include office and paper supplies. 1.10 MEDICAL WASTE. CHM shall arrange and bear the cost of removing and properly disposing of all infectious and hazardous waste material in accordance with all applicable federal, state, and local laws. 1.11 MENTAL HEALTH CARE. CHM shall arrange and bear the cost of on-site mental health services for COVERED PERSONS which shall include evaluations, referrals, crisis management, suicide intervention, basic community linkage and continuity of care. CHM shall not be responsible for the provision or cost of any off-site or inpatient mental health services. The COUNTY shall be responsible for the provision and cost of off-site or inpatient mental health services for the JAIL POPULATION. Weld County,Colorado Adult Facility/CHM Agreement Page 4 of 25 11-23-10 1.12 OFFICE EQUIPMENT. CHM shall be responsible for providing office equipment such as copiers, fax machines, calculators, computers, pagers, and hand-held devices required for the administrative operations of the medical unit. The COUNTY shall be responsible for providing phone service required for the administrative operation of the medical unit, including long distance and language line interpreting services when required. 1.13 OFFICE SUPPLIES. CHM shall be responsible for providing office supplies such as books, medical record folders, and forms as required for the administrative operations of the medical unit. 1.14 PATHOLOGY/RADIOLOGY SERVICES. CHM shall arrange and bear the cost of all pathology and radiology services (also referred to as laboratory and x-ray services) for COVERED PERSONS. CHM shall arrange on-site pathology and radiology services to the extent reasonably possible. To the extent pathology and radiology services are required and cannot be rendered on-site, CHM shall make appropriate off-site arrangements for rendering such care. CHM will arrange and coordinate with the SHERIFF's office for the transportation for such off-site services. Costs for such off-site services shall be included in the CAP AMOUNT listed in Section 1.19. 1.15 PHARMACY SERVICES. CHM shall provide a total pharmaceutical system for the JAIL. This includes the prescribing, dispensing, administering, and storage of medications in compliance with all state and federal law. CHMs shall also provide necessary recordkeeping, monitoring of pharmacy usage, as well as a Preferred Medication List. Except as provided below, CHM shall bear the cost of all prescription and non-prescription over-the-counter medications prescribed by a duly licensed CHM physician for a COVERED PERSON. . 1.15.1 GENERAL. Prescribing, dispensing, and administering of medication shall comply with all State and Federal laws and regulations and all medications shall be dispensed under the supervision of a duly authorized, appropriately licensed or certified health care provider. 1.15.2 LIMITS. CHM's maximum liability for costs associated with the provision of prescription medication related to the treatment of Acquired Immune Deficiency Syndrome ("AIDS"), Human Immuno-deficiency Virus ("HIV"), Hepatitis C, organ transplants and neuromuscular disease, and Biological medications shall be Five Thousand Dollars ($5,000.00) per CONTRACT YEAR in the aggregate, to be pro-rated for any partial CONTRACT YEARS (the "AIDS, HIV, Hep C CAP AMOUNT"). . Medications related to the treatment of AIDS, HIV, Hepatitis C, organ transplants and neuromuscular disease, and Biological medications shall be defined in accordance with the Physician's Desk Reference. When the Weld County,Colorado Adult Facility/CHM Agreement Page 5 of 25 II-23-10 AIDS, HIV, Hep C CAP AMOUNT in this paragraph is reached, CHM will continue to provide utilization management, extend all provider discounts to the COUNTY and pay these expenses on behalf of the COUNTY, as long as the COUNTY remains current with payments due under this AGREEMENT. Amounts paid by CHM which are over the AIDS, HIV, Hep C CAP AMOUNT in this paragraph will be periodically reconciled with the COUNTY pursuant to paragraph 8.1. 1.15.2.1 COUNTY REBATE. Should the costs associated with prescription medication listed in Paragraph 1.15.2 above not exceed the AIDS, HIV, Hep C CAP AMOUNT, CHM shall reimburse the COUNTY at a rate of One Hundred Percent (100%) of the difference between the actual cost to CHM and the AIDS, HIV, Hep C CAP AMOUNT. This rebate shall be net of any other reconciliation amounts due to CHM under this AGREEMENT. 1.16 PREGNANT COVERED PERSONS. CHM shall arrange and bear the cost of health care services for any pregnant COVERED PERSON in accordance with NCCHC standards and this AGREEMENT, but CHM shall not arrange or bear the cost of any health care services for infants. 1.17 SPECIALTY SERVICES. In the event it is determined that a COVERED PERSON requires SPECIALTY SERVICES, CHM shall arrange and bear the cost of such services. CHM's authorized physician will make such determination and refer COVERED PERSONS for SPECIALTY SERVICES when, in the physician's professional opinion, it is deemed medically necessary. CHM's authorized personnel will make a recommendation and obtain approval from the SHERIFF's office for SPECIALTY SERVICES prior to making arrangements for such services. CHM shall arrange on-site SPECIALTY SERVICES to the extent reasonably possible. To the extent SPECIALTY SERVICES are required and cannot be rendered on-site, CHM shall make appropriate off-site arrangements for rendering such care. In the event that SPECIALTY SERVICES are rendered off- site but do not require hospitalization, CHM will arrange and bear the cost only if the CHM CHIEF MEDICAL OFFICER or designee approves such SPECIALTY SERVICES. Costs for such off-site services shall be included in the CAP AMOUNT listed in Section 1.19. 1.18 VISION CARE —. In the event it is determined that a COVERED PERSON requires vision correction to achieve minimal function, CHM shall arrange and bear the cost of a vision examination and one (1) pair of ordinary glasses per COVERED PERSON. CHM's authorized physician will make such determination and refer COVERED PERSONS for the vision examination. CHM's authorized personnel will make a recommendation and obtain approval from the SHERIFF's office for the vision examination prior to making arrangements for such services. CHM shall arrange on-site vision examinations Weld County,Colorado Adult Facility/CHM Agreement Page 6 of 25 11-23-10 to the extent reasonably possible. To the extent the vision examination is required and cannot be rendered on-site, CHM shall make appropriate off-site arrangements for rendering such care. Costs for such vision care, including the examination and/or eyeglasses shall be included in the CAP AMOUNT listed in Section 1.19. 1.19 FINANCIAL LIMITATIONS. CHM's maximum liability for costs associated with the provision of off-site medical or other healthcare services which include, but are not limited to, the services in paragraphs 1.2, 1.4, 1.6, 1.14, 1.17, and 1,18 shall be One Hundred Thousand Dollars ($100,000.00) in the aggregate per CONTRACT YEAR, to be pro-rated for any partial contract years (the "CAP AMOUNT"). Costs for any medical or other health services, as set forth above, which are provided to INMATES/DETAINEES during the CONTRACT YEAR which are in excess of the CAP AMOUNT shall be the responsibility of the COUNTY. When the CAP AMOUNT for the CONTRACT YEAR is reached, CHM will continue to provide utilization management, extend all provider discounts to the COUNTY and pay these expenses on behalf of the COUNTY, as long as the COUNTY remains current with payments due under this AGREEMENT. Amounts paid by CHM which are over the CAP AMOUNT will be periodically reconciled with the COUNTY pursuant to paragraph 8.1. 1.19.1 COUNTY REBATE. Should the costs associated with the provision of healthcare services listed above not exceed the CAP AMOUNT, CHM shall reimburse the COUNTY at a rate of One Hundred Percent (100%) of the difference between the actual cost to CHM for these services and the CAP AMOUNT. This rebate shall be net of any other reconciliation amounts due to CHM under this AGREEMENT. ARTICLE H HEALTH CARE STAFF 2.0 STAFFING HOURS. CHM shall provide HEALTH CARE STAFF necessary to render the health care services contemplated in Article I as set forth below: 2.0.1 A total of 168 hours per week of Registered Nurse services to be assigned by CHM. 2.0.2 A total of 420 hours per week of Licensed Practical Nurse services to be assigned by CHM. 2.0.3 A total of 40 hours per week of Director of Nursing services to be assigned by CHM excluding CHM corporate holidays and Paid Time-Off (PTO) for vacation or illness. Weld County,Colorado Adult Facility/CHM Agreement Page 7 of 25 11-23-10 2.0.4 A total of 40 hours per week of Health Services Administrator to be assigned by CHM excluding CHM corporate holidays and Paid Time-Off (PTO) for vacation or illness. 2.0.5 A total of 40 hours per week of Certificated Medical Assistant to be assigned by CHM excluding CHM corporate holidays and Paid Time-Off (PTO)for vacation or illness. 2.0.6 A total of 40 hours per week of Administrative Assistant to be assigned by CHM excluding CHM corporate holidays and Paid Time-Off (PTO) for vacation or illness. 2.0.7 A total of 40 hours per week of Medical Records Clerk to be assigned by CHM excluding CHM corporate holidays and Paid Time-Off (PTO) for vacation or illness. 2.0.8 A total of 16 hours per week of PHYSICIAN EXTENDER services to be assigned by CHM. 2.0.9 A total of 12 hours per week of Physician services to be assigned by CHM. 2.0.10 A total of 6 hours per week of Dental Assistant to be assigned by CHM. 2.0.11 A total of 6 hours per week of Dentist services to be assigned by CHM. 2.0.12 A total of 40 hours per week of Mental Health Licensed Practical Nurse services to be assigned by CHM excluding CHM corporate holidays and Paid Time-Off(PTO) for vacation or illness. 2.0.13 A total of 3 hours per week of Psychiatrist services to be assigned by CHM. 2.0.14 Additional hours may be provided if mutually agreed upon by both parties in writing, with at least 24 hours advanced notice; 2.0.15 CHM shall provide an on-call Physician and Health Services Administrator available by telephone or pager, 24 hours per day and 7 days per week. 2.0.16 Said hours may be re-allocated and subject to change as determined by mutual agreement of the SHERIFF and CHM, but shall in all respects be consistent with the medical recommendations of CHM's licensed physician. Weld County,Colorado Adult Facility/CHM Agreement Page 8 of 25 11-23-10 2.1 STAFFING LEVELS WAIVER. Based on actual staffing needs as affected by medical emergencies, riots, increased or decreased INMATE/DETAINEE population, and other unforeseen circumstances, certain increases or decreases in staffing requirements may be waived as agreed to by the SHERIFF and CHM. 2.2 STAFFING CHANGES. CHM shall not change members of the HEALTH CARE STAFF without prior notice to the SHERIFF. 2.3 STAFF SCREENING. The COUNTY and SHERIFF shall screen CHM's proposed HEALTH CARE STAFF, employees, agents and/or subcontractors providing services at the JAIL to ensure they do not constitute a security risk. The SHERIFF shall have final approval of CHM's HEALTH CARE STAFF, employees, agents and/or subcontractors in regards to security/background clearance. 2.4 SATISFACTION WITH HEALTH CARE STAFF. In recognition of the sensitive nature of correctional facility operations, if the SHERIFF becomes dissatisfied with any member of the HEALTH CARE STAFF, the SHERIFF shall provide CHM written notice of such dissatisfaction and the reasons therefore. Following receipt of such notice, CHM shall use commercially reasonable efforts to resolve the dissatisfaction. If the problem is not resolved to the satisfaction of the SHERIFF within ten (10) business days following CHM's receipt of the notice, CHM shall remove the individual from providing services at the JAIL within a reasonable time frame considering the effects of such removal on CHM's ability to deliver health care services and recruitment/hiring of an acceptable replacement. The SHERIFF reserves the right to revoke the security clearance of any HEALTH CARE STAFF at any time. ARTICLE III ADMINISTRATIVE SERVICES 3.0 HEALTH AND MENTAL HEALTH EDUCATION AND TRAINING. CHM shall conduct an ongoing health and mental health education and training program for the COUNTY Deputies and Jailers in accordance with the needs mutually established by the COUNTY and CHM. 3.1 QUARTERLY REPORTS. As requested by the SHERIFF, CHM shall submit daily, monthly, and/or quarterly health care reports concerning the overall operation of the health care services program rendered pursuant to this AGREEMENT and the general health of the JAIL POPULATION. 3.2 QUARTERLY MEETINGS. As requested by the SHERIFF, CHM shall meet quarterly, or as soon thereafter as possible, with the SHERIFF, or designee, concerning health care services within the JAIL and any proposed changes in health-related procedures or other matters, which both parties deem necessary. Weld County,Colorado Adult Facility/CHM Agreement Page 9 of 25 11-23-10 3.3 MEDICAL RECORDS MANAGEMENT. CHM shall provide the following medical records management services: 3.3.1 MEDICAL RECORDS. CHM HEALTH CARE STAFF shall maintain, cause or require the maintenance of complete and accurate medical records for COVERED PERSONS who have received health care services. Medical records shall be kept separate from COVERED PERSON'S confinement records. A complete copy of the individual medical record shall be available to accompany each COVERED PERSON who is transferred from the JAIL to another location for off-site services or transferred to another institution. CHM will keep medical records confidential and shall not release any information contained in any medical record except as required by published JAIL policies, by a court order or by applicable law. Upon termination of this AGREEMENT, all medical records shall be delivered to and remain with the SHERIFF, as property of the SHERIFF's office. 3.3.2 ELECTRONIC MEDICAL RECORDS. CHM shall provide and maintain an electronic medical records software program for use at the JAIL. The cost of the electronic medical records software program shall be borne by CHM for the term of this AGREEMENT as defined in section 9.0. The cost of EMR shall be negotiated upon renewal of this AGREEMENT. 3.3.3 COMPLIANCE WITH LAWS. Each medical record shall be maintained in accordance with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), and any other applicable state or federal privacy statute or regulation. 3.3.4 RECORDS AVAILABILITY. As needed to administer the terms of this AGREEMENT, CHM shall make available to the SHERIFF or COUNTY, unless otherwise specifically prohibited, at the SHERIFF's or COUNTY's request, all records, documents and other papers relating to the direct delivery of health care services to the JAIL POPULATION hereunder. ARTICLE IV PERSONS COVERED UNDER THIS AGREEMENT 4.0 GENERAL. Except as otherwise provided in this AGREEMENT, CHM shall only be required to arrange for health care services under this AGREEMENT to be provided to COVERED PERSONS. 4.1 JAIL EMPLOYEE TESTING AND VACCINATIONS. CHM shall provide or administer vaccinations and testing to the JAIL employees as described below: Weld County,Colorado Adult Facility/CHM Agreement Page 10 of 25 11-23-10 4.1.1 HEPATITUS (B) INOCULATIONS. CHM shall administer Hepatitis (B) Inoculations to JAIL employees. CHM shall not be responsible for the cost of the vaccine. 4.1.2 INFLUENZA VACCINATIONS. CHM shall administer Influenza vaccinations to JAIL employees. CHM shall not be responsible for the cost of the vaccine. 4.1.3 TUBERCULOSIS TESTING. CHM shall conduct and bear the cost of annual Tuberculosis skin tests to JAIL employees. 4.2 EMERGENCY MEDICAL CARE FOR JAIL EMPLOYEES AND VISITORS. CHM shall arrange for on-site first response emergency medical care as required for JAIL employees, contractors and visitors to the JAIL. The medical treatment shall be limited to the extent reasonably necessary to stabilize and facilitate the individual's referral to a medical facility or personal physician. 4.3 RELEASE FROM CUSTODY. The COUNTY acknowledges and agrees that CHM is responsible for the payment of costs associated with services rendered to COVERED PERSONS as set forth in this AGREEMENT only when such persons remain in the custody of, or under the jurisdiction of, the JAIL. In no event shall CHM be responsible for payment of any costs associated with any services rendered to any individual when said individual is released from the custody of, or no longer under the jurisdiction of, the JAIL including, but not limited to, releasees, parolees and escapees. ARTICLE V PERSONS NOT COVERED OR PARTIALLY COVERED UNDER THIS AGREEMENT 5.1 COUNTY INMATES/DETAINEES HOUSED IN OTHER JURISDICTIONS OR OUTSIDE THE JAIL. CHM shall not be responsible for arranging the medical care or treatment for COUNTY INMATES/DETAINEES housed in other counties or jurisdictions. The COUNTY or SHERIFF or other agency with legal responsibility for the medical care of such persons shall be responsible for all medical expenses associated with the care and treatment of COUNTY INMATES/DETAINEES removed from the JAIL, including, but not limited to the services listed in Article I of this AGREEMENT and any other health care related expenses associated with said INMATES/DETAINEES, unless the 1NMATE/DETAINEE is housed in a facility where CHM provides INMATE/DETAINEE health care services. CHM shall not be responsible for arranging the medical care or treatment for COUNTY INMATES/DETAINEES housed outside the JAIL (i.e. work release INMATES/DETAINEES or INMATES/DETAINEES on home confinement). 5.2 INJURIES PRIOR TO INCARCERATION, FIT FOR CONFINEMENT AND ESCAPED INMATES/DETAINEES. CHM shall not be responsible for the cost Weld County,Colorado Adult Facility/CHM Agreement Page I I of25 I 1-23-10 of providing off site medical care for injuries incurred by an arrested person prior to incarceration at the JAIL or during an escape or escape attempt, including, but not limited to, medical services provided to any arrested person prior to the person's booking and confinement in the JAIL. In addition, CHM shall not be responsible for the cost of any medical treatment or health care services necessary to medically stabilize any arrested person presented at intake by an arresting agency with a life threatening injury or illness or in immediate need of emergency medical care. CHM shall provide such care as is medically necessary until the arrested person can be transported to a medical care facility by the arresting agency or their designee. The arresting authority or the COUNTY shall bear the cost of, and be responsible for, all reasonable and necessary medical services or health care services of the individual until such time as the arresting authority can present a medically stable individual that is FIT FOR CONFINEMENT. To the extent CHM is billed for medical services provided to an individual who is not FIT FOR CONFINEMENT the COUNTY shall reimburse CHM for all such costs. CHM shall not charge an additional fee simply to examine an individual to determine if he is suitably FIT FOR CONFINEMENT. ARTICLE VI COST OF SERVICES NOT COVERED UNDER THIS AGREEMENT 6.0 SERVICES NOT LISTED. Both parties understand and agree that there will be costs incurred for health care related services as outlined in Articles I, II and III above. CHM shall not be responsible for any expenses not specifically covered under Articles I, II and III of this AGREEMENT. In the event that any of the health care services not covered by CHM under Articles I, II and III, or any services that are not listed within this AGREEMENT, are required for a member of the JAIL POPULATION as a result of the medical judgment of a physician or CHM authorized personnel, CHM shall not be responsible for arranging such services and the cost of such services shall be billed directly to the COUNTY. 6.1 SERVICES BEYOND THE SCOPE OF THIS AGREEMENT. Both parties understand and agree that there are certain occurrences, both beyond the control and within the control of the parties, that may result in health care expenses which are outside the scope of the normal operation of a correctional facility and, therefore, outside the contemplated scope of services under this AGREEMENT. While both parties will act in good faith and endeavor to reduce the possibility of such occurrences, in the unlikely event of an occurrence such as an Act of God, riot, explosion, fire, food poisoning, epidemic illness outbreak or any other catastrophic event, or an event caused by the action or inaction of the COUNTY or SHERIFF or their employees, agents or contractors, which results in medical care for the JAIL POPULATION, JAIL staff, visitors, or contractors, CHM shall not be responsible for costs attributable to such catastrophic event and all such costs shall be borne by the COUNTY. Notwithstanding the above, CHM shall be Weld County,Colorado Adult Facility/CHM Agreement Page I2 of 25 II-23-10 responsible for medical costs under this AGREEMENT associated with such an event only if such an event was caused solely by CHM. ARTICLE VII COUNTY'S DUTIES AND OBLIGATIONS 7.0 COMPLIANCE WITH HIPAA/STATE HEALTH INFORMATION PRIVACY LAWS. The COUNTY, JAIL, and SHERIFF and their employees, agents and subcontractors shall comply with the Health Insurance Portability and Accountability Act of 1996 (hereinafter "HIPAA") and any State health information privacy laws, to the extent they are applicable. The COUNTY and the SHERIFF shall implement policies and/or procedures in compliance with such laws. 7.1 COMPREHENSIVE MEDICAL/MENTAL HEALTH CARE. CHM shall identify to the SHERIFF those members of the JAIL POPULATION with medical or mental health conditions which may be worsened as a result of being incarcerated at the JAIL or which may require extensive care while incarcerated. After review of the circumstances, and when security risks permit, the SHERIFF shall make every effort to have such an INMATE/DETAINEE released, transferred or otherwise removed from the correctional setting. 7.2 RECORD ACCESS. During the term of this AGREEMENT, and for a reasonable time following the termination of this AGREEMENT, the SHERIFF shall provide CHM, at CHM's request, the COUNTY, JAIL and/or SHERIFF'S records (including medical records) relating to the provision of health care services to the JAIL POPULATION, including records maintained by hospitals, and other outside health care providers involved in the care or treatment of the JAIL POPULATION (to the extent the COUNTY, JAIL or SHERIFF has control of, or access to, such records). CHM may request such records in connection with the investigation of, or defense of, any claim by a third party related to CHM's conduct or to prosecute a claim against a third party. Any such information provided by the SHERIFF to CHM that the SHERIFF considers confidential shall be kept confidential by CHM and shall not, except as may be required by law, be distributed to any third party without prior written approval by the SHERIFF. 7.3 USE OF INMATES/DETAINEES IN THE PROVISION OF HEALTH CARE SERVICES. INMATES/DETAINEES of the JAIL shall not be employed or otherwise engaged or utilized by either CHM or the SHERIFF in rendering any health care services to the JAIL POPULATION, provided however, that INMATES/DETAINEES may be used in positions not involving the rendering of health care services directly to the JAIL POPULATION and not involving access to JAIL POPULATION records in accordance with NCCHC standards. 7.4 SECURITY OF THE JAIL FACILITY AND CHM. CHM and the COUNTY understand that adequate security services are necessary for the safety of the Weld County,Colorado Adult Facility/CHM Agreement Page 13 of 25 11-23-10 agents, employees, and subcontractors of CHM, as well as for the security of the JAIL POPULATION and SHERIFF'S staff, consistent with a correctional setting. The SHERIFF shall provide security sufficient to enable CHM, its HEALTH CARE STAFF, employees, agents and/or subcontractors to safely provide the health care services described in this AGREEMENT. CHM, its HEALTH CARE STAFF, employees, agents and/or subcontractors shall follow all security procedures of the SHERIFF while at the JAIL or other premises under the SHERIFF's direction or control. However, any CHM HEALTH CARE STAFF, employee, agent and/or subcontractor may, at any time, refuse to provide any service required under this AGREEMENT if such person reasonably feels that the current safety services are insufficient. CHM shall not be liable for any loss or damages resulting from CHM's HEALTH CARE STAFF, employees, agents and/or subcontractors failure to provide medical services due to insufficient security services. 7.5 SHERIFF'S POLICIES AND PROCEDURES. CHM, its HEALTH CARE STAFF, employees, agents and/or subcontractors shall operate within the requirements of the COUNTY'S and/or SHERIFF'S posted security Policies and Procedures, which impact the provision of medical services. 7.5.1 A complete set of said Policies and Procedures shall be maintained by the COUNTY and made available for inspection by CHM at the JAIL. 7.5.2 Any Policy or Procedure that may impact the provision of health care services to the JAIL POPULATION which has not been made available to CHM shall not be enforceable against CHM unless otherwise agreed upon by both parties. 7.5.3 Any modification of the posted Policies and Procedures shall be timely provided to CHM. CHM, its HEALTH CARE STAFF, employees, agents and/or subcontractors shall operate within the requirement of a modified Policy or Procedure after such modification has been made available to CHM. 7.5.4 If any of the COUNTY and/or SHERIFF's Policies and Procedures specifically relate to the delivery of medical services, the COUNTY and/or SHERIFF's representative and CHM shall review the COUNTY and/or SHERIFF's Policies and Procedures and modify or remove those provisions that conflict with CHM's Jail Health Care Policies and Procedures. 7.6 DAMAGE TO EQUIPMENT. CHM shall not be liable for loss of or damage to equipment and supplies of CHM, its agents, employees or subcontractors if such loss or damage was caused by the sole negligence of the COUNTY and/or SHERIFF's employees. Weld County,Colorado Adult Facility/CHM Agreement Page 14 of 25 II-23-10 7.7 SECURE TRANSPORTATION. The SHERIFF shall provide security as necessary and appropriate in connection with the transportation of a member of the JAIL POPULATION to and from off-site services including, but not limited to, SPECIALTY SERVICES, hospitalization, pathology and radiology services as requested by CHM. CHM shall coordinate with the SHERIFF's office for transportation to and from the off-site services provider or hospital. 7.8 OFFICE EQUIPMENT AND SUPPLIES. The SHERIFF shall provide use of COUNTY-owned office equipment, supplies and all necessary utilities (including telephone and fax line service) in place at the JAIL health care facilities. At the termination of this AGREEMENT, CHM shall return to the COUNTY possession and control of all COUNTY-owned medical and office equipment. At such time, the office equipment shall be in good working order, reasonable wear and tear excepted. 7.9 NON-MEDICAL CARE OF JAIL POPULATION. It is understood that the SHERIFF shall provide for all the non-medical personal needs and services of the JAIL POPULATION as required by law. CHM shall not be responsible for providing, or liable for failing to provide, non-medical services to the JAIL POPULATION including, but not limited to, daily housekeeping services, dietary services, building maintenance services, personal hygiene supplies and services and linen supplies. 7.10 JAIL POPULATION INFORMATION. In order to assist CHM in providing the best possible health care services to COVERED PERSONS, the SHERIFF shall provide, as needed, information pertaining to the COVERED PERSON that CHM and the SHERIFF mutually identify as reasonable and necessary for CHM to adequately perform its obligations under this AGREEMENT. ARTICLE VIII COMPENSATION/ADJUSTMENTS 8.0 ANNUAL AMOUNT/MONTHLY PAYMENTS. The base annual amount to be paid by the COUNTY to CHM under this AGREEMENT is Two Million Six Hundred Thirty-One Thousand Three Hundred Thirty-Nine Dollars and twelve cents ($2,631,339.12) for a period of twelve (12) months. Each monthly payment shall be at Two Hundred Nineteen Thousand Two Hundred Seventy-Eight Dollars and twenty-six cents ($219,278.26), pro-rated for any partial months and subject to any reconciliations as set forth below. The first monthly amount is to be paid to CHM on the 5th day of January, 2011 for services administered in the month of January, 2011. Each monthly payment thereafter is to be paid by the COUNTY to CHM before or on the 5th day of the month of the month of service. Weld County,Colorado Adult Facility/CHM Agreement Page 15 of 25 1I-23-10 8.0.1 YEAR 2. Effective January, 2012, the base annual amount to be paid by the COUNTY to CHM in Year 2 shall be increased in accordance with the CPI as defined in paragraph 8.0.3 but shall not exceed 5.0%. 8.0.2 YEAR 3. Effective January, 2013, the base annual amount to be paid by the COUNTY to CHM in Year 3 shall be increased in accordance with the CPI as defined in paragraph 8.0.3 but shall not exceed 5.0%. 8.0.3 CPI INCREASES. A CPI increase shall be calculated by multiplying the annual amount of the previous year by a fraction, the numerator of which is the Price Index (as defined below) for the month of November immediately preceding the AGREEMENT renewal date, and the denominator of which is the Price Index for the month of November for the year immediately preceding the renewal date. However, the annual amount due for any year will not be less than the annual amount for the prior year. The "Price Index" is defined as the Consumer Price Index—All Urban Consumers, U.S. City Average, Medical Care Services (1982- 84=100), published by the Bureau of Labor Statistics of the U.S. Department of Labor. 8.1 MONTHLY RECONCILIATION PROCESS. CHM will provide a monthly reconciliation with the COUNTY for any amounts owed by either party pursuant to the terms of this AGREEMENT, including, but not limited to: 8.1.1 ADJUSTMENT FOR MADP. The monthly reconciliation shall include a per diem adjustment based on the MADP. If the JAIL's MADP is greater than 700 COUNTY INMATES/ DETAINEES, the compensation payable to CHM by the COUNTY shall be increased by the number of INMATES/DETAINEES over 700 at the per diem rate of $1.57. If the JAIL's MADP is less than 500 COUNTY INMATES/DETAINEES, then CHM will issue a credit to the COUNTY for the number of INMATES/DETAINEES under 500 at the per diem rate of$1.57. 8.1.2 ADJUSTMENT FOR COSTS IN EXCESS OF CAP AMOUNTS. The monthly reconciliation shall include any amounts paid by CHM in excess of the financial limits listed in this AGREEMENT. The compensation payable to CHM by the COUNTY shall be increased by any costs paid by CHM in excess of the financial limits listed in 1.15.2 and 1.19. ARTICLE IX TERM AND TERMINATION 9.0 TERM. The term of this AGREEMENT shall be three (3) years from January I, 2011 at 12:01 a.m. through December 31, 2013 at 11:59 p.m. This AGREEMENT shall automatically renew for additional two one year periods on January I of each subsequent year with mutually agreed upon increases, unless Weld County,Colorado Adult Facility/CHM Agreement Page I6 of 25 II-23-10 this AGREEMENT is terminated or notice of termination is given, as set forth in this Article. 9.0.1 RENEWAL. Upon each subsequent renewal of this AGREEMENT pursuant to paragraph 9.0, an increase in the annual compensation amount shall be negotiated between the parties. Should the parties reach said agreement after the renewal date, the agreed upon increase shall be retroactive to the date of the renewal. CHM reserves the right to evaluate and recommend staffing increases to be mutually agreed upon by both parties. 9.1 TERMINATION FOR LACK OF APPROPRIATIONS. It is understood and agreed that this AGREEMENT shall be subject to annual appropriations by the BOARD of the COUNTY. 9.1.1 Recognizing that termination for lack of appropriations may entail substantial costs for CHM, the COUNTY and the SHERIFF shall act in good faith and make every effort to give CHM reasonable advance notice of any potential problem with funding or appropriations. 9.1.2 If future funds are not appropriated for this AGREEMENT, and upon exhaustion of existing funding, the COUNTY and SHERIFF may terminate this AGREEMENT without penalty or liability, by providing a minimum of thirty (30) days advance written notice to CHM. 9.2 TERMINATION DUE TO CHM'S OPERATIONS. The COUNTY reserves the right to terminate this AGREEMENT immediately upon written notification to CHM in the event that CHM discontinues or abandons operations, is adjudged bankrupt or is reorganized under any bankruptcy law, or fails to keep in force any required insurance policies. Both parties agree that termination under this provision will be considered without cause. 9.3 TERMINATION FOR CAUSE. The AGREEMENT may be terminated for cause under the following provisions: 9.3.1 TERMINATION BY CHM. Failure of the COUNTY and/or SHERIFF to comply with any provision of this AGREEMENT shall be considered grounds for termination of this AGREEMENT by CHM upon sixty (60) days advance written notice to the COUNTY specifying the termination effective date and identifying the "basis for termination." The COUNTY shall pay for services rendered up to the date of termination of the AGREEMENT. Upon receipt of the written notice, the COUNTY shall have ten (10) days to provide a written response to CHM. If the COUNTY provides a written response to CHM which provides an adequate explanation for the "basis for termination" and the COUNTY cures the "basis for termination" to the satisfaction of the CHM, the sixty Weld County,Colorado Adult Facility/CHM Agreement Page 17 of 25 11-23-In (60) day notice shall become null and void and this AGREEMENT will remain in full force and effect. Termination under this provision shall be without penalty to CHM. 9.3.2 TERMINATION BY COUNTY. Failure of CHM to comply with any provision of this AGREEMENT shall be considered grounds for termination of this AGREEMENT by the SHERIFF or the COUNTY who shall provide sixty (60) days advanced written notice specifying the termination effective date and identifying the "basis for termination." The COUNTY shall pay for services rendered up to the date of termination of the AGREEMENT. Upon receipt of the written notice CHM shall have ten (10) days to provide a written response to the COUNTY. If CHM provides a written response to the COUNTY which provides an adequate explanation for the "basis of termination," or cures the "basis for termination" to the satisfaction of the SHERIFF, the sixty (60) day notice shall become null and void and this contract will remain in full force and effect. Termination under this provision shall be without penalty to the SHERIFF or the COUNTY. 9.4 TERMINATION WITHOUT CAUSE. Notwithstanding anything to the contrary contained in this AGREEMENT, the SHERIFF, the COUNTY or CHM may, without prejudice to any other rights it may have, terminate this AGREEMENT for their convenience and without cause by giving ninety (90) days advance written notice to the other party. 9.5 COMPENSATION UPON TERMINATION. If any of the above termination clauses are exercised by any of the parties to this AGREEMENT, the COUNTY shall pay CHM for all services rendered by CHM up to the date of termination of the AGREEMENT regardless of the COUNTY'S failure to appropriate funds. 9.6 PROPERTY DISPOSITION UPON TERMINATION. Upon termination of this AGREEMENT, CHM shall be allowed to remove from the JAIL any stock medications or supplies purchased by CHM that have not been used at the time of termination. CHM shall also be allowed to remove its property from the JAIL including its proprietary Policies and Procedures, Manuals, Training Material, and Forms. ARTICLE X LIABILITY AND RISK MANAGEMENT 10.0 INSURANCE COVERAGE. CHM shall, at its sole cost and expense, procure and maintain during the term of this AGREEMENT, the following coverage and limits of insurance: Weld County,Colorado Adult Facility/CHM Agreement Page 18 of 25 11-23-10 10.0.1 MEDICAL MALPRACTICE/PROFESSIONAL LIABILITY. Medical Malpractice/ Professional Liability insurance in an amount not less than $1,000,000 per occurrence and $3,000,000 in the aggregate. 10.0.2 COMPREHENSIVE GENERAL LIABILITY. Comprehensive General Liability insurance in an amount not less than $1,000,000 per occurrence and $3,000,000 in the aggregate. 10.0.3 WORKER'S COMPENSATION. Worker's Compensation coverage as required by applicable state law. 10.1 ENDORSEMENTS. The Comprehensive General Liability policy shall contain additional endorsements naming the JAIL as an additional insured with respect to liabilities arising out of the performance of services under this AGREEMENT. 10.2 PROOF OF INSURANCE. CHM shall provide the COUNTY proof of professional liability or medical malpractice coverage for CHM's HEALTH CARE STAFF, employees, agents and subcontractors, for the term services are provided under this AGREEMENT. CHM shall promptly notify the SHERIFF, in writing, of each change in coverage, reduction in policy amounts or cancellation of insurance coverage. If CHM fails to provide proof of adequate insurance within a reasonable time under the circumstances, then the COUNTY shall be entitled to terminate this AGREEMENT without penalty to the COUNTY or the SHERIFF pursuant to the terms of Article IX. 10.3 INDEMNIFICATION. CHM agrees to indemnify and hold harmless the COUNTY, its officials, agents, and employees from and against any and all claims, actions, lawsuits, damages, judgments or liabilities of any kind whatsoever caused by, based upon or arising out of any act, conduct, misconduct or omission of CHM, its agents, employees, or independent contractors in connection with the performance or non-performance of its duties under this AGREEMENT. The COUNTY agrees to indemnify and hold harmless CHM, its officials, agents, and employees from and against any and all claims, actions, lawsuits, damages, judgments or liabilities of any kind whatsoever caused by, based upon or arising out of any act, conduct, misconduct or omission of COUNTY, its agents, employees, or independent contractors. The COUNTY and SHERIFF agree to promptly notify CHM in writing of any incident, claim or lawsuit of which they become aware and shall fully cooperate in the defense of such claim. The COUNTY and SHERIFF agree that CHM's indemnification and defense obligations do not apply for any costs or expenses, including attorney's fees or settlements, incurred or effected prior to written notice to CHM as set forth above. Upon written notice of claim, CHM shall take all steps necessary to promptly defend and protect the COUNTY and SHERIFF from an indemnified claim, including retention of defense counsel, and CHM shall retain sole control of the defense while the action is pending,to the extent allowed by law. Weld County,Colorado Adult Facility/CHM Agreement Page 19 of 25 11-23-10 10.4 HIPAA. CHM, the COUNTY, JAIL, and SHERIFF and their employees, agents and subcontractors shall fully comply with, and shall implement all necessary policies and/or procedures in order to comply with, the requirements of HIPAA as it applies to the services provided under this AGREEMENT. The COUNTY, JAIL and SHERIFF and their employees and agents shall indemnify and hold harmless CHM from and against any claims of any kind made as a result of alleged or actual violations of HIPAA by the COUNTY, the SHERIFF and their employees, agents and subcontractors, unless such claims are proven to be caused by the sole negligence or willful misconduct of CHM. 10.5 SURVIVABILITY. The obligations under this Article X shall survive the termination of this AGREEMENT. ARTICLE XI MISCELLANEOUS 11.0 INDEPENDENT CONTRACTOR STATUS. It is mutually understood and agreed, and it is the intent of the parties hereto that an independent contractor relationship be and is hereby established under the terms and conditions of this AGREEMENT. Nothing in this AGREEMENT shall be construed to create an agency relationship, an employer/employee relationship, a joint venture relationship, or any other relationship allowing the COUNTY or SHERIFF to exercise control or direction over the manner or methods by which CHM, its employees, agents or subcontractors perform hereunder, or CHM to exercise control or direction over the manner or methods by which the COUNTY or the SHERIFF, and their employees, agents or subcontractors perform hereunder, other than as provided in this AGREEMENT. 11.1 SUBCONTRACTING. In order to discharge its obligations hereunder, CHM may engage certain physicians as independent contractors rather than employees ("Contract Professionals"). CHM shall not engage any Contract Professional that does not meet the applicable professional licensing requirements and CHM shall exercise administrative supervision over such Contract Professionals as necessary to insure the strict fulfillment of the obligations contained in this AGREEMENT. As the relationship between CHM and these Contract Professionals will be that of independent contractor, CHM will not be considered or deemed to be engaged in the practice of medicine. Services provided by Contract Professionals under this AGREEMENT shall be provided in a manner reasonably consistent with the independent medical judgment the Contract Professional is required to exercise. 11.2 AGENCY. For purposes of asserting any statutory rights afforded to the COUNTY or the JAIL to pay providers for medical services at certain reduced rates, COUNTY and/or SHERIFF designate CHM as their agent to assert such rights and privileges. Weld County,Colorado Adult Facility/CHM Agreement Page 20 of25 I I-23-10 11.3 EQUAL EMPLOYMENT OPPORTUNITY. CHM will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, national origin, place of birth, marital status, sexual orientation, age or handicap unrelated to a bona fide occupational qualification of the position or because of status as a disabled veteran or Vietnam-Era veteran. CHM will distribute copies of its commitment not to discriminate to all persons who participate in recruitment, screening, referral and selection of job applicants, and to prospective job applicants. 11.4 WAIVER OF BREACH. The waiver of either party of a breach or violation of any provision of this AGREEMENT shall not operate as, or be construed to be, a waiver of any subsequent breach of the same or other provision hereof. 11.5 OTHER CONTRACTS AND THIRD-PARTY BENEFICIARIES. The parties acknowledge that CHM is neither bound by or aware of any other existing contracts to which either the SHERIFF or the COUNTY are a party and which relate to the providing of health care to INMATES/DETAINEES at the JAIL. The parties agree that they have not entered into this AGREEMENT for the benefit of any third person or persons, and it is their express intention that this AGREEMENT is for their respective benefits only and not for the benefits of others who might otherwise be deemed to constitute third-party beneficiaries thereof. 11.6 FORCE MAJEURE. In case performance of any terms or provisions hereof shall be delayed or prevented because of compliance with any law, decree or order of any governmental agency or authority of local, State or Federal governments or because of riots, war, terrorism, explosions, acts of civil or military authority, acts of public enemy, public disturbances, lack of adequate security escorts, strikes, lockouts, differences with workers, earthquakes, fires, floods, Acts of God or any other reason whatsoever which is not reasonably within the control of the party whose performance is interfered with and which, by the exercise of reasonable diligence, said party is unable to prevent; the party so suffering may, at its option, suspend, without liability, the performance of its obligations hereunder during the period such cause continues. 11.7 ASSIGNMENT. No party to this AGREEMENT may assign or transfer this AGREEMENT, or any part thereof, without the written consent of the other parties. 11.8 NOTICES. Any notice of termination, requests, demands or other communications under this AGREEMENT shall be in writing and shall be deemed delivered: (a) when delivered in person to a representative the parties listed below; (b) upon receipt when mailed by first-class certified mail, return receipt requested, addressed to the party at the address below; or (c) upon confirmation of receipt if sent by facsimile to the fax numbers of the parties listed below: Weld County,Colorado Adult Facility/CHM Agreement Page 21 of 25 I I-23-10 If for CHM: If for COUNTY: Correctional Healthcare Management, Inc. Weld County North Jail Complex General Counsel Sheriff 6200 South Syracuse Way, Suite 440 2110 O Street Greenwood Village, CO 8011 I Greeley, CO 80631 If for CHM: If for COUNTY: (309) 272-1643 (970)-304-6467 Such address or facsimile number may be changed from time to time by either party by providing written notice as provided above. 11.9 GOVERNING LAW. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Colorado without regard to the conflicts of laws or rules of any jurisdiction. 11.10 COUNTERPARTS. This AGREEMENT may be executed in several counterparts, each of which shall be considered an original and all of which shall constitute but one and the same instrument. 11.11 TITLES OF PARAGRAPHS. Titles of paragraphs are inserted solely for convenience of reference and shall not be deemed to limit, expand or otherwise affect the provisions to which they relate. 11.12 SEVERABILITY. In the event that any one or more provisions of this AGREEMENT shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this AGREEMENT and this AGREEMENT shall be construed and enforced as if such invalid, illegal or unenforceable provision had never been contained herein. 11.13 ENTIRE AGREEMENT. This AGREEMENT constitutes the entire agreement of the parties and is intended as a complete and exclusive statement of the promises, representations, negotiations, discussions and agreements that have been made in connection with the subject matter hereof. This AGREEMENT may be amended at any time, but only with the written consent of all parties. 11.14 PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES. If CHM has any employees or subcontractors, CHM shall comply with C.R.S. § 8-17.5-101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this AGREEMENT. By execution of this AGREEMENT, CHM certifies that it does not knowingly employ or contract with an illegal alien who will perform under this AGREEMENT and that CHM will participate in the E-verify Program or Weld County,Colorado Adult Facility/CHM Agreement Page 22 of 25 II-23-10 other Department of Labor and Employment program ("Department Program") in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this AGREEMENT 10.14.ICHM shall not: 10.14.1.1 Knowingly employ or contract with an illegal alien to perform work under this AGREEMENT for services; or 10.14.1.2 Enter into a contract with a subcontractor that fails to certify to CHM that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. 10.14.2 CHM has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this AGREEMENT through participation in the E-verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: http://www.dhs.gov/xprevprot/programs/gc 1185221678150.shtm 10.14.3 CHM shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed 10.14.4 If CHM obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, CHM shall be required to: 10.14.4.1 Notify the subcontractor and the COUNTY within three days that CHM has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 10.14.4.2 Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (D) the subcontractor does not stop employing or contracting with the illegal alien; except that CHM shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien 10.14.5 CHM shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Weld County,Colorado Adult Facility/CHM Agreement Page 23 of 25 II-23-10 department is undertaking pursuant to its authority established in C.R.S. § 8-17.5-102(5). 10.14.6 If CHM violates these prohibitions, the COUNTY may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this AGREEMENT, CHM shall be liable for actual and consequential damages to the COUNTY as required by law. 10.14.7 If CHM violates these prohibitions, the COUNTY may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this AGREEMENT, CHM shall be liable for actual and consequential damages to the COUNTY as required by law. IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed as their official act by their respective representative, each of whom is duly authorized to execute the same. AGREED TO AND ACCEPTED AS STATED ABOVE: County of Weld, Colorado Correctional Healthcare Management. Inc. r B \ r By: Douglas ademac er Douglas . e Title: Chair, Board of County Commissioners Title: C ief Exe utive fficer Date: DEC 2 9 2010 Date: ATTEST By:/ - Bruce arker Title: Weld County Clerk to the Board Date: DEC 2 9 2010 Weld County,Colorado Adult Facility/CHM Agreement Page 24 of 25 11-23-10 aI5i1 - s 7, ATTEST ,..O • 4 2 By: Std._ , aj tut t O. ' 1/4) Donna Bech er _,{ Title: Deputy Clerk to the Board. °tl� R R Date: DEC 2 9 2010 �\ Weld County,Colorado Adult Facility/CHM Agreement Page 25 of 25 11-23-10 Sheriff John B. Cooke From the Desk of: Sterling Geesaman,Deputy Chief _"" Offender Supervision Bureau we/d (970)356-4015 Extension 3933 Weld County Sheriffs Office received three (3)proposals for Contract Medical Services. The proposals were received from NaphCare, Correct Care Solutions (CCS) and Correctional Healthcare Management(CHM). Representatives from all three companies attended the mandatory pre-bid conference and submitted their proposals accordingly. Three staff members from the Sheriff's Office evaluated the proposals based on the following (5)criteria outlined in the RFP: Pricing, Staffing, Technical, Qualifications and Functional Compatibility. Below is a matrix indicating the company and their total score in each category: Evaluation Maximum NaphCare CCS CHM Category Pts. Possible Pricing 75 63 70 56 Staffing 90 40 88 77 Technical 75 62 68 49 Qualifications 30 24 25 29 Functional 30 15 28 29 Compatibility Total 300 204 279 240 NaphCare provided a lump sum proposal of$2,499,173.00.An option to eliminate the requirement of the performance bond would reduce the proposal by $ 36,000.00 for an adjusted lump sum proposal of$2,463,173.00. NaphCare received the lowest evaluation score. Their proposal was evaluated but did not meet the minimum physician service requirements for the medical doctor. They had the fewest RN/LPN hours in their staffing matrix which was a serious concern for Weld County. CHM provided a lump sum proposal of$2,685,039.00.An option to eliminate the requirement of the performance bond would reduce the proposal by$ 53,700.00 for an adjusted lump sum proposal of$2, 631,339.00. Even with price adjustments CHM has the highest annual cost with the least total full time employees. While meeting the RFP requirements, CHM had the fewest physician services hours. Weld County Sheriffs Office 1950"O"Street Greeley,CO 80631 Phone(970)356-4015 Fax(970)304-6467 57) eA.g/ />/aid ., 21)/4 - a575 SheriffJohn B. Cooke - er From the Desk of: Sterling Geesaman,Deputy Chief - Offender Supervision Bureau `w+•+7 (970)356-4015 Extension 3933 CCS provided a lump sum proposal of$2,649,996.00.An option to eliminate the requirement of the performance bond would reduce the proposal by$20,000.00 for an adjusted lump sum proposal of$2, 629,996.00. CCS received the highest evaluation score.Their proposal has the most physician services in their staffing matrix, i.e. 6 days of physician services coverage versus 5 days and also has the most combined RN/LPN nursing hours. CCS also offers the following in their proposal: • The lowest cost impact of significant ADP changes either+ or-. • 50% staffing pool sharing of cost savings • Facility staff training availability • Relevant inmate education, i.e. anxiety and sleep • EMR and EMAR business practice integration as well as 24 hour electronic medication verification process • Cost disclosure, management reporting and containment strategies, i.e. utilization. Based on the evaluation criteria The Sheriff's Office recommends the Contract Medical Services be awarded to(CCS)Correct Care Solutions. Weld County Sheriffs Office 1950"O'Street Greeley.CO 80631 Phone(970)356-4015 Fax(970)304-6467 AtCS CORRECT CARE SOLUTIONS November 8, 2010 Sterling Geesaman Deputy Bureau Chief Offender Supervision Division Weld County North jail Complex 1950"O"Street Greeley, CO 80631 Deputy Chief Geesaman: Thank you for the opportunity to provide additional information. We would be happy to clarify and discuss any issues that are not clear. Performance Bond The selected bidder must maintain a Performance Bond in the amount of the annual total cost of the contract. The Performance Bond for the first year shall be submitted to the County within 30 days after notice of award. The Performance Bond may be in the form of a certified check payable to the County, or may be in the form of a Surety Bond from a company qualified to do business in the State of Colorado. The costs for the bonds must be included in the proposed total bid amount. 1. If this was no longer required as part of the RFP,what cost savings if any would be realized and passed on to Weld County? The realized cost savings would be$20,000 • Sincerely, Rich Field Director of Business Development Correct Care Solutions (309)648-8101 cell rfield(diccsks.com 3343 Perimeter Hill Drive•Suite 300•Nashville,TN 37211•800-592-2974•F:615-324-5774•v.ww.correcicaresolutions.com Marcia Walters 1e)}r�Q 'ilegUkeaA From: Cristina Capoot.Consult[cristinaconsult@jailcare,com] (� ,��,.�� Sent: Monday,November 08,2010 12:04 PM J�/,�'yJP" To: Marcia Walters Cc: Sterling Geesaman Subject: RE:Question On page 7 of the REP a Performance bond is referenced: Performance Bond The selected bidder must maintain a Performance Bond in the amount of the annual total cost of the contract. The Performance Bond for the first year shall be submitted to the County within 30 days after notice of award. The Performance Bond may be in the form of a certified check payable to the County, or may be in the form of a Surety Bond from a company qualified to do business in the State of Colorado. The costs for the bonds must be included in the proposed total bid amount. If this was no longer required as part of the RFP,what cost savings if any would be realized and passed on to Weld County? CHM will reduce the annual amount of the contract by$53,700. The new annual cost will be$2,631,339.12. A representative from CHM will attend the BOCC meeting on November 101h at 9am. Thank you. • Cristina Capoot Co-Founder of CHM CHC I Correctional Healthcare Companies 6200 S. Syracuse Way#440 Greenwood Village, CO 80111 Toll Free: 866 246 5245 Phone: 720 622 8016 From:Marcia Walters Jmailto:mwalterseco.weld.co.usl Sent: Monday, November 08,2010 11:54 AM To: Rich Field; Cristina Capoot. Consult; ck.scott(@naphcare.com Subject: FW: Question Please answer the question down below by the end of the day if you can. This bid gets approved on Wednesday 11/10/10,at the board meeting at 9:00 am,which you are all welcome to attend. The commissioners asked this question of the sheriff's office. Thanks! From: Sterling Geesaman Sent: Monday, November 08, 2010 11:44 AM To: Marcia Walters Subject: Question t1ij laph are November 8,2010 Re: RFP#61000146,Contract Medical Services,Weld County Jail Ms.Walters: In response to your question regarding cost savings realized through removing the performance bond from the proposal requirements,NaphCare would be willing to save the County$36,000 annually,totaling$180,000 over the course of a five-year contract. This would alter the price defined in NaphCare's initial price proposal from$2,499,172.92 to$2,463,172.92. If the County would like to discuss other exclusions to the RFP requirements,NaphCare welcomes the opportunity to discuss,in further detail,the cost savings available to the County. Sincerely, NAPHCARE,INC. B. Lee Harrison President 950 11nd Street North, Suite 825, Birmingham, Alabama 35203.5301 (205)458-8595 • 1.800.834.2420 •Fax(205)458-8596 a I1;0 WELD COUNTY PURCHASING 915 10TH St Room #334, Greeley CO 80631 E-Mail: mwaltersaco.weld.co.us V I`P C E-mail: rever(970) t56-4000,d.co.us Phone: (970) 356-4000, Ext. 4223 or 4222 Fax: (970) 336-7226 COLORADO DATE OF BID: October 22nd, 2010 REQUEST FOR: CONTRACT MEDICAL SERVICES DEPARTMENT: SHERIFF'S OFFICE/JAIL BID NO: #B1000146 PRESENT DATE: OCTOBER 27TH, 2010 APPROVAL DATE: NOVEMBER 10TH, 2010 VENDORS CORRECTIONAL HEALTHCARE MGMT 6200 S SYRACUSE WAY SUITE #440 GREENWOOD VILLAGE CO 80111 NAPHCARE INC 950 22ND STREET NORTH, SUITE#825 BIRMINGHAM AL 35203 CORRECT CARE SOLUTIONS 3343 PERIMETER HILL DRIVE, SUITE#300 NASHVILLE TN 37211 *THE DEPARTMENT IS REVIEWING THE BIDS AT THIS TIME 2010-2579 /O97/ao/b 5-0 19x3/ FEW Z — O Om o o O F=-- zo o co O of :16E a 0Mo ✓ Mof vcNoc(o a0 S S Sre a m 0 2 Z p p p IL O o o O m o o 0 0 O O N- (;) (N E O O C CO o N to (N 0 co V O O" o co 0 C7 N N N 0 z N O V M N N O «: < O U X H W o O O U w p 0 § z r rn M p_' M 3oN Wa Cr) O Oar V � 6O) V 060 a E (6 (c) 2O v co co } 0 .... el 0_ LL N Si N D0! 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