HomeMy WebLinkAbout20050046.tiff AGREEMENT FOR WELD COUNTY SHERIFF'S
OFFICE JAIL MEDICAL UNIT SERVICE
THIS AGREEMENT, made and entered into this , by and between the Board of County
Commissioners of the County of Weld, 915 Tenth Street,Greeley Colorado 80631, (hereinafter"County'), and
Dream Team Medical Incorporated (hereinafter"Provider").
WITNESSETH:
WHEREAS, County desires to provide medical care to all Weld County Jail inmates while complying
with all standards established by Federal and State laws, and the policies of the Weld County Board of County
Commissioners and the Weld County Sheriff, and
WHEREAS, County believes that the contracting of said medical care to an outside party will best
service the needs of the Jail Medical Unit, and
WHEREAS,the Board of County Commissioners of the County of Weld has accepted Provider's bid for
said contract.
NOW,THEREFORE,for and in consideration of the promises and mutual agreements contained herein,
County and Provider hereby agree as follows:
I. Scope of Work by Provider:
A. Provider shall provide on-site personnel for medical coverage at the Weld County North
Complex Jail Medical Unit 24-hours per day, 365 days per year.
B. Provider shall have the following personnel assigned at all times:
1. One (1) supervisor who is a Registered Nurse (R.N.) to work 40 hours per
week.
2. Registered Nurses (R.N.) and/or Licensed Practical Nurses (L.P.N.) as
necessary to accommodate 24-hour coverage.
C. Provider's personnel shall meet State licensure and/or certification requirements the
same as those working in the community, i.e., R.N. and or L.P.N. Said personnel shall
have telephones located within their residences and immediate transportation available
at all times. Furthermore,such personnel shall, prior to being assigned, be required
to pass NCIC and CCIC clearance.
D. Provider's personnel shall perform the following examples of duties(any one position
may not include all of the duties listed nor do the listed examples include all the duties
which may be found in said position):
1. Receiving and screening.
2. Health appraisal data collection.
3. Non-emergency medical services.
4. Emergency medical and dental services.
5. Decision on emergency nature of illness or injury.
6. Dental screening, prevention, and examination.
7. First Aid.
8. Chronic care.
9. Convalescent care.
10. Medical prevention maintenance.
11. Screening, referral, and care of mentally ill and retarded inmates.
12. Implementation of a special medical program.
13. Delousing procedures.
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14. Detoxification procedures.
15. Administering pharmaceuticals.
16. Implementation of security regulations applicable to facility personnel.
17. Conducting sick call for inmates.
18. Medical administration at appropriate and scheduled times:
(a) QID (four times per day)
(b) TID (three times per day)
(c) QD (one time daily)
(d) BID (two times per day)
(e) PRN (as needed-determined when and if)
19. Medical security and key control.
20. Medical records:
(a) Screening forms
(b) Nursing notes
(c) Medical form
(d) Drug control form
(e) Incident reports
(t) Progress notes
21. Security and control of medical records, ie., confidentiality.
22. Medical observation and isolation for communicable disease.
23. Ordering and accounting for material, supplies,drugs, needles, and syringes;
to include compiling all necessary statistical data.
24. Scheduling special diets.
25. Referring documentation into or out of the facility and summarizing
documentation for the transfer of prisoners.
E. Provider's personnel will be Cardio-pulmonary Resuscitation (C.P.R.) certified. The Provider
will maintain one staff member as a certified instructor in first aid and C.P.R. or first alert
responder.
F. Provider will ensure supervision to include, but not limited to:
1. Scheduling of personnel.
2. Training.
(a) New individual
(b) Continuing education on medical problems in a correctional setting
(c) Security procedures and departmental policy
3. Quarterly meeting with Weld County Sheriff.
4. Maintaining communication with various sections and units.
5. Coordinating for medical transports.
6. Reviewing medical records to ensure proper service and documentation.
7. Controlling access to medical records.
8. Quarterly reporting on health service delivery system and the health environment of the
facility and an annual statistical summary.
G. Provider shall provide or require staff to maintain malpractice insurance for all medical
personnel to the satisfaction of the Weld County Sheriff and County.
H. The physician retained by Provider will supervise medical care given to prisoners, both adult and
juvenile. The physician will also evaluate program and services provided along with the
adequacy of the medical treatment facilities. Additionally, the physician will provide general
medical care to inmates in Weld County's Jail, including OB/GYN in the first trimester,
orthopedics, and internal medicine care. Said physician will give or supervise a physician
extender who gives physical examinations to inmates who are incarcerated for fourteen (14)
days or more. Provider's physician shall:
1. Ensure that Sick Call clinic shall occur an average of three (3) times weekly by
physician or physician extender.
2. Provide 24-hour telephone coverage for consultation in emergencies.
3. Provide consultation for the development and implementation of policies that insure
high quality medical and nursing care.
4. Review cases requiring on-going attention.
5. Provide County with a copy of his or her license as a medical or osteopathic physician.
6. Provide County with proof of professional liability insurance.
7. Have completed a residency program and/or be board certified.
8. Be an independent contractor and not an employee of Provider.
9. Consult in selection of all medical staff when requested by H.S.A..
10. Be responsible for and generally supervise all medical staff, as the Medical Director.
Provider will provide or assist Weld County Sheriffs office in finding an appropriate facility for
evidentiary blood draws from arrestees and/or inmates pursuant to consent, order of the court,
or criminal procedure.
J. Provider's retained dentist will:
1. Conduct clinic at least once per week.
2. Provide 24-hour telephone coverage for consultation in dental emergencies.
3. Supervise the development and implementation of policies that assure high quality of
dental care.
4. Review of cases requiring ongoing attention.
a. Position requirements:
(1) Copy of license as a dentist.
(2) Proof, of professional liability insurance-
(3) Assume sole responsibility for professional liability insurance.
(4) Graduated from an accredited school of dentistry.
K. Provider will have primary responsibility for updating and implementing changes to standards
necessary to ensure the following practices are complied with.
1. Peer review.
2. Chart Audits.
3. Quarterly reports and meetings.
4. Annual review for revision.
L. Provider shall be responsible for the costs of all medications administered at the Weld
County Jails excepting the following. Provider shall only be responsible for the annual limit
of five thousand dollars ($5,000) for HIV and/or AIDS-related medications, and testing, only
after confirmed positive of HIV or AIDS. If, however,the annual limit of$5,000 is NOT met,
then Provider shall return 100% of the difference back to Weld County. County shall be
responsible for costs of medications for treatment of Hepatitis C and transplant recipients, if
inmate is unable to provide their own medications.
II. Indemnification:
A. Provider shall assume full responsibility for and shall hold harmless Weld County, by and
through the Board of County Commissioners of Weld County,for any damage to or loss of
any County property, including buildings,fixtures,furnishings, equipment, supplies,
accessories, or parts resulting in whole or part from any negligent actions or omissions of the
Provider, any subcontractor of the Provider, or any employee, agent, or representative of the
Provider or said subcontractor. If County is negligent, in whole or in part,they will be held
responsible for the above issues.
B. Provider shall defend and hold harmless Weld County, by and through the Board of County
Commissioners of Weld County, against any and all liability, claims, costs of whatsoever kind
and nature for injury to or death of any person or persons and for loss or damage to any
property occurring in connection with or in any way incident to or arising out of the
occupancy, use, service, operations, or performance of work under the terms of the contract
between Provider and County, any subcontractor of the Provider, or any employee, agent, or
representative of the Provider or said subcontractor. If County is negligent, in whole or in
part,they will be held responsible for the above issues.
III. Insurance:
Provider shall obtain and maintain the following minimum limits of insurance continuously during the
life of the contract between Provider and County:
A. Workman's compensation as required by Colorado law.
B. Comprehensive general bodily injury liability insurance coverage in an amount not less than
$1,000,000.00 dollars per occurrence.
C. Comprehensive property damage liability insurance in an amount not less than $500,000 per
occurrence.
D. Provider shall furnish Weld County with certificates of insurance for the foregoing coverages,
which designate Weld County, by and through the Board of County Commissioners of Weld
County, as an additional named insured not later than the date of commencement of the
service under this contract. Said certificates of insurance shall include a provision wherein
the coverage shall not be canceled,terminated, or otherwise modified without sixty(60) days
prior written notice provided to County.
IV. Records:
Provider shall maintain adequate records of services provided pursuant to County requirements and
shall make such records available to the Weld County Sheriffs Department or appropriate State or
Federal agencies to satisfy monitoring requirements. Provider shall maintain the confidentiality of
client medical information and comply with all legal restrictions in regard to the disclosure thereof,to
include HIPPA regulations as it relates to client information and health records in a correctional
setting.
V. Licenses, Fees, Permits, Certifications and Outside Costs:
The Provider shall be responsible for the cost of the following specific licenses,fees, permits, and
certifications:
A. Drug Enforcement Administration License
B. State Board of Pharmacy Outlet License
Provider shall pay all applicable taxes, including sales and excise taxes, and shall keep current all
necessary licenses, permits, and certifications necessary to fulfill the terms and conditions of this
contract.
Provider shall be responsible for the$75,000 in outside medical costs per contract year. Outside
medical costs include emergency room visits, outside medical specialists, ambulance transports,
inpatient hospitalizations, radiologic procedures and imaging studies. Weld County will share on a
80/20 basis (Weld with 80%) any savings below the $75,000 limit. All savings will be refunded at the
end of the contract year. Weld County will be responsible for all amounts over the$75,000 limit
during the contract year.
VI. Term:
A. Services Pursuant to this contract shall begin January 1,2005 and shall run for an initial
period to and including December 31,2005.
B. Upon the completion of the initial contract. On December 31,2004 , County may then
renew this contract each year through December 31, 2008, based upon satisfactory
performance of this contract by Provider.
C. Either party hereto may terminate this contract upon sixty(60)days written notice with or without
cause. Notice of termination must be delivered by certified mail or in person to the other party
at the addresses listed.
VII Personnel Policies:
A. Provider shall maintain a document and system of personnel policies, qualifications,
and procedures which shall include, but necessarily be limited to, an orderly system for
hiring,dismissal, promotion,demotion, lay-off,salary increase,fringe benefits,vacation,
sick leave,salary classification plan,and other related personnel practices. Provider's
personnel shall not be considered to be Weld County employees, and shall in no way
be subject to or receive the benefits of the Weld County Personnel Policies Handbook.
B. Minimum staff turnover is important to consistent performance of contract requirements
and effective relationships between Provider and County staff. The Provider's staff,
providing services under this contract, shall be governed by policies and procedures,
which include measures to minimize staff turnover and maximize the continuity of care.
C. The Provider agrees to comply with the Federal Civil Rights Act of 1964 and will not:
(1) Discriminate against any employee or applicant for employment because of
race, color, religion, gender, age, military status, sexual orientation, marital
status, national origin, or mental and/or physical disability.
(2) Treat any client different from any other client with respect to the total range
of services it provides or the criteria it uses in determining eligibility for those
services on the grounds of race, color, national origin, or mental and/or
physical disability.
D. Provider will supply and maintain a current organizational chart with a statement of
responsibility and job description for every position that will provide service to the County
pursuant to this contract.
E. Provider shall continue the employment of the existing staff as dictated by Provider's
staffing requirements only if those employees meet Provider's employment criteria and
if those employees wish to transfer employment to Provider.
VIII. Billings:
Billings shall be submitted monthly to the Weld County Sheriffs Office. Billings shall be upon
forms approved by the County and supported by forms furnished by County.
IX. Payment:
County shall pay Provider the sum of$ 76.250 per month on or before the 10th of each month
for services provided pursuant to this contract.
X. Authority to Operate:
Provider states that it is incorporated and has legal authority to operate in the State of Colorado.
Evidence of such authority will be made available for review upon request by County. Authority
to operate is governed by compliance with applicable sections of Title 12,Articles 22, 36, and
38 of the Colorado Revised Statutes. These sections are of prime importance and will be
adhered to by the Provider.
Xi. Location and Time of Service:
Provider will ensure that qualified trained personnel cover every shift and that all on-call hours
are covered to respond to all emergency calls from the Weld County Jail.
Xii. Licensing and Program Standards:
A. Provider agrees to promptly notify Weld County in the event of revocation or suspension
of employer/employee license or certification. In the event of such revocation or
suspension,continuation of purchase of service by County shall- be at the discretion of
County.
B. Provider will establish a system through which an inmate's family member, or other
interested party, may present grievances about the operation of Provider's service
program. Provider will notify County of all grievances which it is not able to resolve and
which affect the performance of this contract.
Xiii. Safeguarding of Client Information:
The use or disclosure by any party of any information concerning a recipient of services
purchased pursuant to this contract for any purpose not directly connected with the
administration of County or the Provider's responsibilities with respect to such purchased
services is prohibited,except upon the written consent of County,the recipient, or the recipients
attorney, responsible parent, or guardian.
XIV. Fiscal Responsibility, Records, Controls, Reports, and Monitoring Procedures:
Provider agrees to maintain books, records, documents, and accounting procedures and
practices,which properly reflect all direct and indirect costs, expended in the performance of
this contract. These records shall be made available at all reasonable times to State and
Federal personnel and other persons authorized by County. Provider agrees to collect statistical
data of a fiscal nature on a regular basis and to make fiscal statistical reports at times
prescribed by and on forms furnished by, or acceptable to, County. Provider agrees to include
these requirements in all approved subcontracts and assignments.
XV. Program Records, Controls, Reports, Monitoring Procedures, and Ownership of Records:
Provider agrees to maintain program records, including statistical records, and to issue reports
as identified by this contract. Provider also agrees that a program and facilities review,including
meetings with Sheriffs personnel, review of service records, review of service policy and
procedures, review of the staffing and job description, and meetings with any staff directly or
indirectly involved in the provision of services, may be conducted at any reasonable time by
State and Federal and County personnel and other persons authorized by County. Provider
agrees. Provider agrees to include these requirements in all approved subcontracts and
assignments.
XVI. Retention of Records:
A. Provider agrees to retain all books, records, and other documents relative to this
contract for a ten (10)year period from the end of the year that services were provided,
and any longer period which may be required to complete any audit and resolve any
pending audit findings. Provider agrees to make these documents available to State
and Federal personnel and other persons authorized by County.
B. If provider ceases to operate as a business during the above ten (10) year period,
copies of the records shall be furnished to County for storage for the purposes of this
section.
XVII. Subcontracting and Assignment:
Provider shall not enter into any subcontracts or assign this contract for any of the work
contemplated hereunder without first obtaining written approval from County. The approval of
any subcontracting or assignment of this contract shall be attached as an addendum to the
original contract.
XVIII. Renegotiation or Modification:
Any alterations,variations, modifications or waivers of any of the provisions of this contract shall
be valid only when they have been reduced to writing, and approved and duly signed by the
parties to this contract.
XIX. Nonperformance of Contract:
Neither party hereto shall be held responsible for delay or failure to perform hereunder when
such delay or failure is due to fire, flood, epidemic, strikes, acts of God or the public enemy,
unusually severe weather, legal acts of the public authorities, or delay or defaults caused by-
public carriers which cannot reasonably foreseen or provided for. Either party may terminate
this contract, effective with the giving of written notice, after determining that such delay will
reasonably prevent a successful completion of performance in accordance with the terms
herein stated. If this contract is terminated,the obligation of County shall be limited to payment
for services provided prior to the date of termination.
XX Modification or Termination by County--
A. Provider agrees that this contract may be modified or terminated by County to accommodate
a reduction of funds, or non-appropriation of funds, by the Board of County Commissioners of
Weld County. If such reduction of funds or non-appropriation would result in level of resources
insufficient to allow the purchase of the quality of service necessary for the Weld County Jail
Medical Unit, as determined by County, Provider is released from contractual obligations.
B. Additional Reasons for Termination by County:
(1) If Federal or State laws, regulations, or guidelines are modified or changed in such a
way so that the services stated herein are no longer allowable or appropriate for
purchase under this contract.
(2) The services under this contract are no longer required as determined by County.
(3) If any certificate or license which Provider is required to provide under the terms of this
contract are revoked, suspended, or expire and are not renewed.
C. Any termination by County shall be without prejudice to any obligations or liabilities of either party
already accrued prior to such termination.
D. Modification or termination of this contract, pursuant to the conditions described within this
Section XX,will take place upon ten (10)days written notice, as delivered by certified mail or in
person to the Provider at the above stated address.
XXI. Termination for Default or Breach of Contract:
A. County, by ten (10) days written notice to Provider of default (including breach thereof), may
terminate the whole or any part of this contract. Said default may include, but is not limited to,
the following:
(1) If Provider fails to provide the services called for by this contract within the time specified
herein or upon the extension thereof as agreed to by County.
(2) If provider fails to perform any of the other provisions of the contract, or so fails to
execute the work as to endanger performance of the contract in accordance with its
terms,and after receipt of written notice from Weld County,fails to correct such failures
within ten (10) days or such longer period as the County may authorize.
B. The rights and remedies of County provided in this clause are in addition to any other rights and
remedies provided by law or under this contract, and shall in no way be limited to the rights and
remedies contained herein.
XXII. Performance Bond.
Provider furnished a Letter of Credit for$70,833.33 in case of default on the contract.
XXIII. Entire Agreement—No Third Party Beneficiary.
This Agreement contains the entire Agreement and understanding between the parties to this
Agreement and supersedes any other Agreements concerning the subject matter of this transaction,
whether oral or written. It is expressly understood and agreed that the 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 and incidental beneficiary only.
XXIV. Notices.
Any notice provided for in this Agreement shall be in writing and shall be served by personal delivery
or by certified mail, return receipt requested, postage prepaid, at the addresses set forth in this
Agreement, until such time as written notice of a change is received from the party wishing to make a
change of address. Any notice so mailed and any notice served by personal delivery shall be
deemed delivered and effective up on receipt. This method of notification will be used in all
instances, except for emergency situation when immediate notification to the parties is required.
XXV. Equipment.
Any equipment purchased by the County will remain County property and will be the responsibility of
the County for maintenance, replacement, and servicing. Any equipment purchased by the Provider
will remain the Provider's property and will be responsible for maintenance,servicing, and
replacement.
PROVIDER:
Dream Team Medical Incorporated
1730 Hotchkiss Drive
Fpr4-Collins, CO 80525
David Marchant
COUNTY:
Weld County Board of County Commissioners
915 Tenth Street, PO Box 758
Greeley, CO 80631
SITE CONTACT PERSON:
David Malcom, Commander
Weld County Sheriffs Office
2110"O"Street
Greeley, CO 80631
(970) 356-4015 ext. 3939
IN WITNESS WHEREOF,the parties hereto have caused this agreement to be duly executed as of
this day of
ATTEST: WELD� COUNTY, COLORADO, BY AND THROUGH THE BOARD OF COUNTY
i /r q COMMISSIONERS OF WELD COUNTY
COMMISSIONERS OF WELD COUNTY
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1861
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9 u C ty I r Chairman William H. Jerke 1/5/2005
SUBSCRIBED AND SWORN to before me on this day of
( , 4998 07005-
By
WITNESS my hand and official seal. c j ....••-•••.. — _Th
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My commission expires: v0Fc0IP
My Commission Expires May 15,2006
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