HomeMy WebLinkAbout20020359.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - CONAGRA BEEF COMPANIES
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Purchase of Services Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Health and
Environment, and Conagra Beef Companies, commencing January 1, 2002, and ending
December 31, 2002, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Purchase of Services Agreement between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Department of Public Health and Environment, and Conagra Beef Companies be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of February, A.D., 2002, nunc pro tunc
January 1, 2002.
BOARD OF COUNTY COMMISSIONERS
WELD' NTY,)ADO
ge, Try` f�
ATTEST: �r c3" I , [
Glad, hair
Weld County Clerk tQr e '
V.;,0,
twrim Davi . Lo , Pro-Tem
BY:
Deputy Clerk to the Boar$ (
M. J. eile
PPPRO D AS • 4,77 Vtr,fi
lliam H. Jerk
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ounty A orney
Robert D. Masden
Date of signature:
2002-0359
(Orllgrit- HL0029
itot Memorandum
TO: Glenn Vaad, Chair
C Board of County Co issione s
FROM: Mark E. Wallace, MD, M H, ire o
COLORADO Department of Public Health and
Environment
DATE: February 6, 2002
SUBJECT: Purchase of Services Agreement with
ConAgra Beef Companies
Enclosed for Board review and approval is a purchase of services agreement between the Board
of County Commissioners of Weld County on behalf of the Department of Public Health and
Environment and ConAgra Beef Companies.
Under the provisions of this agreement WCDPHE will provide family planning and other
services to ConAgra employees and dependents covered under the companies' comprehensive
health plan. For these services, Weld County will be paid in accordance with the attached fee
schedules.
This agreement will be in effect for the period January 1, 2002 through December 31, 2002, and
will be renewed automatically for successive one-year periods thereafter unless terminated
sooner according to the provisions in the agreement.
I recommend your approval of this agreement.
Enclosure
2002-0359
PURCHASE OF SERVICES AGREEMENT •
.a
THIS AGREEMENT is made and entered into this 223 day or 7o.kurocv
2002 by and between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, hereinafter referred to as "Weld County," on behalf of
the Weld County Department of Public Health and Environment, hereinafter referred to as
"Health Department," and ConAgra Beef Companies,hereinafter referred to as "ConAgra."
BACKGROUND INFORMATION
1. ConAgra desires to offer family planning and other services as mutually agreed upon,to
ConAgra employees and dependents covered under ConAgra comprehensive health plan;
and
2. ConAgra desires to purchase such services from Health Department; and
3. Health Department desires to provide such services; and
4. The parties desire to reduce their agreement to writing.
NOW THEREFORE, for and in consideration of the covenants, conditions, agreements,
and stipulations hereinafter expressed, the parties do hereby agree as follows:
1. Term of Agreement. This agreement shall be effective from January 1, 2002 through
December 31, 2002, and shall automatically renew from year to year, unless sooner
terminated as provided in this Agreement.
2. Compensation. During the initial term of this Agreement, ConAgra agrees to pay Health
Department those charges for family planning and other services as set forth on
Attachment A and Attachment B, attached hereto and incorporated herein.
For each subsequent term of this Agreement, Health Department shall notify ConAgra of
any change in the contracted fees for services or expenses for the upcoming year no later
than November 30th of the ending term. ConAgra shall be deemed to have accepted the
change in the contracted fee for the applicable upcoming term if ConAgra has not
objected to said change prior to December 31 of the ending term.
Health Department will submit to ConAgra an invoice for services rendered and expenses
incurred at the end of each month services are provided and expenses incurred. ConAgra
agrees to reimburse Health Department within 30 days after submission of the invoice.
3. Services. During the term of this Agreement, Health Department agrees to provide
family planning and other services in accordance with the schedule of services set forth
1
on Attachment A and Attachment B, attached hereto and incorporated herein, including
education and counseling. This program does not include the cost of other services such
as referral for consultation on any health issue, abnormal pap follow-up, or expenses not
otherwise listed on Attachments A and B. These items as well as any other care provided
to the client outside the Health Department will be billed by that agency to the client's
insurance.
Health Department will coordinate care between medical providers and the local health
agency, including referrals for other care not provided by the Health Department under
this Agreement.
4. Staff Qualifications, Equipment, Availability. The nurses and nurse practitioner provided
by Health Department shall meet or exceed all of the qualifications and requirements of
Colorado law. The health care services will be provided pursuant to this Agreement by a
nurse practitioner in consultation with a physician.
Health Department will provide appropriate equipment and materials in order to
adequately provide the above described services. Health Department will make some
services available in the evening hours to be set at the convenience of the Health
Department and will provide Spanish-speaking staff during normal clinic hours.
5. To Whom Services are to be Provided. Health Department and Contractor assure
compliance with Title VI of the Civil Rights Act of 1964, that no person shall, on the
grounds of race, color, sex, religion, age, national origin, or individual handicap, be
excluded from participation in, be denied the benefits of, or be subject to discrimination
under any provision of this Agreement.
Health Department will not charge a fee to the qualified program participants for any of
the covered services.
Health Department agrees to provide services to all program participants and employees
in a smoke-free environment. Smoking may not be permitted in waiting areas,
examination rooms, formal education sessions, therapy, or similar services. Designated
smoking areas may be established for staff, program participants, family members, and
visitors.
6. Parties' Relationship. The parties to this Agreement intend that the relationship between
them contemplated by this Agreement is that of independent entities working in mutual
cooperation. No employee, agent, or servant of one party shall be or shall be deemed to
be an employee, agent, or servant of another party to this Agreement.
7. Limitations-Liabilities-Indemnification. Each party shall not be responsible or liable for
acts or omissions or failure to act by the other party. Accordingly, to the extent permitted
2
by law, Health Department agrees to indemnify and hold ConAgra harmless from any and
all liability incurred by acts or omissions or failures to act by Health Department and,
likewise, ConAgra agrees to indemnify and hold Health Department harmless from any
and all liability incurred by acts or omissions or failures to act by ConAgra. Because
Health Department is a department of Weld County Government, ConAgra acknowledges
that its agreement to indemnify and hold harmless Health Department extends to Weld
County, its employees, agents, subcontractors, and assignees. The term "liability"
includes, but is not limited to, any and all claims, damages, and court awards, including
costs, expenses, and attorney fees incurred as a result of any act or omission by the
applicable party who acted or failed to act. Notwithstanding the provisions of this section
7, nothing in this Agreement is intended by Weld County to waive any government
immunity rights to which it is entitled pursuant to Colorado law, or otherwise.
8. Non-Assignment. This Agreement shall not be assignable without prior written consent
of Health Department or ConAgra, whichever is the non-assigning party.
9. Termination. Either party may terminate this Agreement for cause upon ten(10) days
written notice and for any reason so long as thirty (30) days written notice of its intent to
so terminate is given to the other party. If this Agreement is so terminated, Health
Department shall receive that compensation which duly reflects the actual amount not
previously reimbursed for which Health Department provided services pursuant to this
Agreement.
10. Notices. Any notice provided for in this Agreement shall be in writing and shall be
served by personal delivery, confirmed facsimile, or by certified mail, return receipt
requested,postage prepaid, at the addresses or facsimile numbers set forth in this
Agreement, until such time as written notice of any change is received from the party
wishing to make a change of address or facsimile number. Any notices so mailed, any
notice sent by facsimile, and any notice served by personal delivery shall be deemed
delivered and effective upon receipt or upon attempted delivery. This method of
notification will be used in all instances, except for emergency situations when immediate
notification to the parties is required.
HEALTH DEPARTMENT: Weld County Department of
Public Health and Environment
c/o Judy Nero
1555 N. 17th Avenue
Greeley, CO 80631
FAX: 970-304-6412
3
CONAGRA: ConAgra Beef Companies
c/o Belinda Harrington
1 ConAgra Drive
Greeley, CO 80634
FAX: 970-506-8307
11. Modification. This Agreement contains the entire agreement or understanding between
the parties to this Agreement and supersedes any other agreements concerning the subject
matter of this transaction, whether oral or written. No modification, amendment,
novation, renewal, or other alteration of or to this Agreement and the attached exhibits
shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon
in writing by the undersigned parties. No breach of any term,provision, or clause of this
Agreement shall be deemed waived or excused, unless such waiver or consent shall be in
writing and signed by the party claimed to have waived or consented. Any consent by
any party hereto, or waiver of, a breach by any other party, whether express or implied,
shall not constitute a consent to, waiver of, or excuse for any other different or
subsequent breach.
12. Other Laws and Regulations Incorporated. This Agreement is expressly made subject to
all laws and regulations of the United States and the State of Colorado. Contractual
provisions required by such laws and regulations required by such laws and regulations
but not having been set out herein are hereby incorporated by this reference as though
expressly set out in full. All parties to this Agreement are hereby put on notice and
charged with the responsibility of compliance with such contract provisions as required
by law.
13. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable,this Agreement shall be construed and enforced without such a
provision, to the extent this Agreement is then capable of execution within the original
intent of the parties.
14. Funding. No portion of this Agreement shall be deemed to create an obligation on the
part of the County of Weld, State of Colorado, or Health Department to expend funds not
otherwise appropriated during the term of this Agreement. No portion of this Agreement
shall be deemed to have created an obligation on ConAgra to expend funds not otherwise
appropriated during the term of this Agreement.
15. Records. Each party agrees to keep any and all records and information confidential, in
compliance with all laws and regulations concerning the confidentiality of such records.
Health Department shall be responsible for maintaining program participant records.
Information concerning eligibility and participation for any program participants who
may be participating under this Agreement shall be released to ConAgra only after a
4
signed release has been obtained from the participant and presented to Health
Department. Information regarding care received will be released only on an a need-to-
know basis and only after a signed release from the relevant participant has been
presented to the Health Department.
16. Inurement. This Agreement shall inure to the benefit of the heirs, assigns, and successors
in interest of the parties hereto.
17. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to the undersigned parties and
nothing contained in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express
intention of the undersigned parties that any entity, other than the undersigned parties,
receiving services or benefits under this Agreement, shall be deemed in incidental
beneficiary only.
IN WITNESS WHEREOF, the parties have hereunto set their hand and seals this 11th
day of February , 2002, nunc pro tunc January 1, 2002.
CON RA BEEF COMPAN-WS- ->
By:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO �/1 ♦ `� Zia ATTEST: te#
✓�� ,
Weld County Clerk to g66 y .
Glenn Vaad, Chair 02/11/02 t ‘I )O 4CLP��
<ii
Deputy Clerk to the 'r•:; �,� /
'� � ♦
WELD COUNTY DEPARTMENT OF
PU L� IC HET AND ENVIR NMENT
Mark E. Wallace, M.D., M.P.H.
5
Attachment A
Family Planning Services
Initial Visit Fee. $ 215.00
Includes: Visit
Pap Test
Pregnancy Test
Wet Prep
Gonorrhea Culture
Chlamydia Culture
HGB/HCT
Return Visit Fees
99211 Visit- Brief $ 30.00
99212 Visit- Focused 45.00
99213 Visit- Expanded 60.00
99214 Visit- Detailed 90.00
Fees for Family Planning Supplies'
Condoms $ 12.00 package of 12
Depo Provera (quarterly injection) 70.00 each
Diaphragm 20.00
Foam 10.00
Gel/Cream 20.00
IUD& Insertion 275.00
Lunelle (monthly injection) 45.00 each
Oral Contraceptives (every 28 days) 20.00 each
Attachment B
OTHER SERVICES
Initial Visit Fee
99211 Visit- Brief $ 30.00
99212 Visit- Focused 45.00
99213 Visit- Expanded 60.00
99214 Visit- Detailed 90.00
Fees for STD Treatments:
Azithromycin $ 25.00
Cleocin Oral 5.00
Clindamycin Oral 20.00
Doxycycline 7.00
Flagyl 4 Tablets 5.00
Flagyl 14 Tablets 10.00
La Bicillin 15.00 per dose
Metrogel 20.00
Nitrofurantoin 37.00
Podophyllin/TCA 10.00 per treatment
Skin Cryo-Single Lesion 20.00 per treatment
Skin Cryo-2 to 14 Lesions 30.00 per treatment
Suprax 10.00
Yeast Treatment-Vaginal Preps 15.00
Yeast Treatment-Diflucan 20.00
Rocephin 25.00
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