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Home My WebLink About881368.tiff AGREEMENT FOR WELD COUNTY SHERIFF'S OFFICE JAIL MEDICAL UNIT SERVICE THIS AGREEMENT, made and entered into this 11th day of September, 1988 , by and between the Board of County Commissioners of the County of Weld, 915 Tenth Street, Greeley, Colorado 80631 , (hereinafter "County") , and Preferred Correctional Medical Team, Inc. , 2000 Sixteenth Street, Suite 7 , Greeley, Colorado 80631 , (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 also desires to maintain American Medical Association certification for the medical care in the Weld County Jail, 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 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 S °OG "- 881368 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. 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) 880936 2 (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 . Work release medication. 21 . Medical records: (a) Screening forms (b) Nursing notes (c) Medical form (d) Drug control form (e) Incident reports (f) Progress notes 22 . Security and control of medical records , ie. , confidentiality. 23 . Medical observation and isolation for communicable disease. 24 . Ordering and accounting for material, supplies , drugs, needles, and syringes; to include compiling all necessary statistical data. 25 . Scheduling special diets. 26 . 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 physician retained by Provider, an R.N. and/or L.P.N. , and one staff member will be a certified instructor in first aid and C.P.R. or first alert responder. F. Provider will insure supervision to include , but not limited to: 1 . Scheduling of personnel. 880936 3 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 insure 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 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 treatment facilities. Additionally, the physician will provide general medical care to inmates in Weld County' s Jail, including OB/GYN, orthopedics, and internal medicine care. If the primary physician retained by Provider elects not to provide OB care, the Provider shall retain a secondary physician to provide said OB care. Said physician will give physical examinations to inmates who are incarcerated for fourteen (14) days or more. Provider' s physician shall: 1 . Conduct sick call at least three (3) times weekly. 2 . Provide 24-hour telephone coverage for consultation in emergencies. 880936 4 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 . Participate in interviews and selection of all medical staff. 10 . Be responsible for and generally supervise all medical staff. I . The dentist ratained by the Provider will: 1. Conduct clinic at least twice monthly. 2 . Provide 24-hour telephone coverage for consultation in 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. J. Provider will have primary responsibility for updating and implementing changes to standards 5 880936 necessary for accreditation and to ensure the following practices are complied with. 1 . Peer review. 2 . Chart audits. 3 . Quarterly reports and meetings. 4 . Annual review for revision. 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, and the Weld County Sheriff, 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. B. Provider shall defend and hold harmless Weld County, by and through the Board of County Commissioners of Weld County, and the Weld County Sheriff, 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. 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 $500 ,000 dollars per occurrence. C. Comprehensive property damage liability insurance in an amount not less than $300 ,000 per occurrence. 6 880936 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 cancelled, 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 Sheriff ' s Office 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. V. Licenses, Fees , Permits , and Certifications: The Provider shall be responsible for the cost of the following specific licenses, fees, permits, and certifications: A. Drug Enforcement Administration $ 20 .00 License B. State Board of Pharmacy License $ 51 .00 C. Amercian Medical Association $ 1,400 .00 TOTAL $ 1-,471 .00 • 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. VI . Term: A. Services Pursuant to this contract shall begin September 11 , 1988 , and shall run for _as initial period to and including December 31 , 198000.146 B. Upon the completkiathe initial contract. On January 1 , 19rCounty may then renew this contract each year through December 31 , 1994 . 8'30936 7 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, sex, national origin, or mental and/or physical handicap. (2) Treat any client differently from any other client with respect to the total range of services it provides or the criteria it uses in determining eligablilty for those services on the grounds of race, color, national origin or mental and/or physical handicap. 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. 8 880936 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 Sheriff' s 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 $15,261.20 for the month of September, and thereafter, the sum of $22, 891 .67 per month for services providgqiigo ursuant to this contract through December 31 , 1980.0'1n no event shall County be obligated to Provider for amounts in excess of these sums . The parties hereto shall renegotiate this payment provision on or before December 31st of each year for the following year. 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 insure that every shift is covered by qualified trained personnel 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 inmates family member, or other interested party, 9 880936 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 recipient' s 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 sequirom a sub©ontracto and assignments. XV. Program Records, Controls, Re rts, 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 Sheriff' s 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 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 10 880936 five (5) 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 five (5) year period, 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 11 880936 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. 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 hereof) , 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 prosecute 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 12 880936 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 shall furnish a performance bond in the sum of not less than 100% of this contract. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed as of this 19th day of September , 19 88 . ATTEST: tr WELD COUNTY, COLORADO, BY AND tlielun �tI THROUGH THE BOARD OF COUNTY Weld County erk and Recorder COMMISSIONERS OF WELD COUNTY Clerk to the Board Il on: 11714-77t co itiHr a dm , r?' Yck'a t Deputy Count Clerk Chairman PREFERRED CORRECTIONAL MEDICAL TEAM, INC. resident and CEO RUBS IB AND AND SWORN to before me on this /51 day of 1988 , by WITNESS my hand and official seal. \--all'aataaSr Notary Public My commission expires: 7-/69O WELD COUNTY SHERIFF Ed Jor n 13 36093+6 Hello