HomeMy WebLinkAbout931262.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR REHABILITATION SERVICES WITH NORTH COLORADO MEDICAL
CENTER, INC. AND AUTHORIZE CHAIRMAN TO SIGN
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 an Agreement for Rehabilitation
Services between Family Educational Network of Weld County and North Colorado
Medical Center, Inc. , commencing December 13, 1993, and ending September 30,
1994, 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 Agreement for Rehabilitation Services between Family
Educational Network of Weld County and North Colorado Medical Center, Inc. be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 13th day of December, A.D. , 1993.
/LidBOARD OF COUNTY COMMISSIONERS
ATTEST dasean WELD COUNTY, COLORADO
Weld County Clerk to the Board
Constance L. H rbert, Chairman
BY: I)](kr 42 Deputy Cle k to the Bo W. H. ebster, Pr em
APPROV D AS TO FORM: i„ r �, x>1
/eorge Baxt r
County Atto ney Dale . Hall
G� til - ..�• (lfry L
Barbara J. Kirk yer
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CC : t/1 /1Cr1C
ORIGINAL
NORTH COLORADO MEDICAL CENTER, INC.
AGREEMENT FOR REHABILITATION SERVICES
This Agreement made and entered into, by and between NORTH COLORADO MEDICAL
CENTER, INC. a Colorado corporation, hereinafter called "CONTRACTOR" and FAMILY
EDUCATION NETWORK OF WELD COUNTY, located in Weld County, Colorado,
hereinafter called "FENWC".
WITNESSETH:
WHEREAS, Contractor is a hospital with an established Rehabilitation Services Department and,
as a result thereof, is possessed of certain skills that FENWC desires to use; and
WHEREAS, Contractor desires to provide on-site speech-language services; and
WHEREAS, FENWC desires to retain Contractor as an independent contractor in order to avail
itself of the services of Contractor in connection with its need to provide speech-language
services to its students.
NOW, THEREFORE, for and in consideration of the foregoing and other good and valuable
consideration, the receipt of which is hereby acknowledged, the parties do mutually agree as
follows:
1. Engagement of Contractor. FENWC hereby retains Contractor and Contractor hereby
accepts engagement by FENWC upon the terms and conditions hereinafter set forth.
2. Term. Subject to the provisions contained herein, the term of this Agreement shall
commence on December 13, 1993, and shall automatically terminate on September 30,
1994.
3. Part-Time Nature of Agreement. During the term of this Agreement, Contractor
agrees to make its services available to FENWC on an as needed basis, up to 802 hours,
for the duration of the contract.
4. Scope of Work. Contractor will provide on-site speech-language services to FENWC
students. On-site refers to any of the eleven Head Start locations serviced by FENWC
(Schools) as reflected in Exhibit A, hereto. The scope of such services shall be guided
by FENWC. Speech-language services shall be provided to those students identified and
referred by FENWC. Contractor shall provide FENWC with written reports
summarizing said services which shall fulfill the legal and accreditation requirements of
the parties hereto. Such reports shall be maintained by FENWC.
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5. Scheduling of Engagements. Contractor shall schedule services so as to be rendered
during normal school hours. Contractor shall provide individual schools within FENWC
with forty-eight (48) hours prior notice of all scheduled services. All engagements shall
be scheduled at mutually agreeable times and dates.
6. Equipment and Supplies. FENWC shall provide the Contractor with all facilities,
equipment, and supplies as are reasonably necessary in order for the Contractor to
perform its obligations under the Agreement.
7. Nature of Relationship. The relationship between FENWC and Contractor is strictly
that of independent entities and is not an agency or employment relationship. No party
is an employee, agent or representative of any other party by virtue of this Agreement
nor shall any such party have any expressed or implied right to authority to assume or
create any obligation or responsibility on behalf of or in the name of any other party by
virtue of this Agreement. Contractor also acknowledges that it will not be entitled to
participate, by reason of this Agreement, in any employee benefits provided by FENWC.
FENWC has contracted to receive services only and is interested in the results of the
Contractor's efforts. Contractor shall be solely and entirely responsible for its own acts
and omissions during the performance of this Agreement.
8. Contractor's Representatives. In connection with the speech-language services
provided hereunder, FENWC will interact administratively with Helen Woolley,
Contractor's Rehabilitation Services Program Manager; or other such individual as the
Contractor's President may designate. The Rehabilitation Services Program Manager
shall assign a speech and language pathologist who is registered with the Colorado
Department of Regulatory Agencies to provide on-site services pursuant to this
Agreement. By registration, it is understood that the speech-language pathologist shall
be a graduate of an accredited rehabilitation curriculum and in good standing with the
American Rehabilitation Association Code of Ethics.
9. Billing Information. Immediately following the provision of services, Contractor shall
provide to FENWC on a form that is acceptable to both parties, specific billing and
utilization information for the services rendered. Contractor shall make available to
FENWC all financial records relating to Contractor's services at the request of FENWC.
Contractor shall submit to FENWC, an aggregate statement listing all charges on a
monthly basis.
10. Fees. NCMC understands that the Head Start program is the payor at last resort and will
bill any other third party payor before billing Head Start for services provided.
Contractor shall charge FENWC for services performed at a FENWC site by Contractor
on an hourly basis in accordance with a fee schedule attached hereto as Exhibit B. Such
fee schedule shall be reasonable, fair, and consistent with the basic commitment of
Contractor to provide quality health care to residents of Weld County. Under no
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circumstances may the fee schedule be modified without the express prior written
authorization of the parties hereto.
11. Compensation. In consideration of the rehabilitation services provided by Contractor,
FENWC shall pay Contractor within thirty (30) days from receipt of Contractor's
aggregate monthly statement.
12. Confidentiality. Contractor and FENWC agree not to disclose any personal or
privileged information to third parties without first obtaining the written consent of
student or responsible party thereof, unless otherwise permitted or required under
applicable law.
13. Assurances.
a. NCMC agrees that it is an independent contractor and that its officers,
employees, and clients do not become employees of Weld County employees as
a result of the execution of this Agreement.
b. Weld County, the Board of County Commissioners of Weld County, its officers
and employees, shall not be held liable for injuries or damages caused by any
negligent acts or omissions of NCMC, or its employees, volunteers, or agents
while performing functions as described in this Agreement. NCMC shall not be
held liable for injuries or damages caused by any negligent acts or omissions of
Weld County, the Board of County Commissioners of Weld County, its
employees, volunteers, or agents while performing this Agreement. NCMC shall
provide workers' compensation insurance for all employees of NCMC engaged
in the performance of this Agreement, as required by the Colorado Workers'
Compensation Act. Likewise, FENWC, by and through the Board of Weld
County Commissioners, shall provide adequate liability and workers'
compensation insurance for all of its employees, volunteers and agents engaged
in the performance of this Agreement.
c. No officer, member, or employee of Weld County and no member of their
governing bodies shall have any pecuniary interest, direct or indirect, in the
approved Agreement or the proceeds thereof.
d. NCMC understands that monitoring and evaluation of the performance of this
Agreement shall be conducted by the Weld County Division of Human Resources
and the results provided to the Board of County Commissioners of Weld County.
e. NCMC and FENWC assure compliance with Title VI of the Civil Rights Act of
1986, and that no person shall, on the grounds of race, creed, color, sex, or
national origin, be excluded from participation in, be denied the benefits of, or
be otherwise subjected to discrimination under the approved Agreement.
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14. Representations. Contractor neither represents nor warrants that the services provided
hereunder shall assure FENWC of accreditation or licensure by the Colorado Department
of Education, the Joint Commission on Accreditation of Healthcare Organizations
(JCAHO), by any other accrediting body, or by any licensing agency.
15. Employment Covenant. It is agreed and understood by both parties that neither
Contractor nor FENWC shall hire or attempt to hire the other party's employees during
the term of this Agreement or for a period of twelve (12) months thereafter, without
mutual consent.
16. Liability Insurance. The Contractor will carry at its own expense professional liability
insurance coverage in the amounts equal to at least $1,000,000 for each claim and
$3,000,000 annual in aggregate.
17. Termination. Either the Contractor or FENWC may terminate the independent
contractor relationship established by this Agreement with or without cause, by giving
thirty (30) days written notice to the other party. Termination may also result
automatically upon loss of Federal funding to FENWC. In case of prior termination, the
payment due for services rendered will be made in accordance with Sections 10 and 11
herein.
18. Interruptions. Neither party to this Agreement shall be liable to the other for delays in
delivery or failure to deliver or otherwise to perform any obligation under this
Agreement, where such failure is due to any cause beyond his reasonable control,
including but not limited to Acts of God, fire, strikes, war, flood, earthquakes or
Governmental action.
19. Entire Agreement. Amendment. Waiver. This Agreement merges all previous
negotiations between the parties hereto and constitutes the entire agreement and
understanding between the parties with respect to the subject matter of this Agreement.
No alteration, modification or change of this Agreement shall be valid except by an
agreement in writing executed by the parties hereto.
20. Notices. Any notice required to be given under this Agreement shall be in writing and
shall be sent by certified mail, return receipt requested, postage pre-paid, to NCMC at:
North Colorado Medical Center, Inc.
1801 16th Street
Greeley, CO 80631
ATTN: Steve Mack, Director of Contract Management
And to FENWC at:
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Family Education Network of Weld County
Head Start Program
1551 North Seventeenth Avenue
Post Office Box 1805
Greeley, CO 80631
ATTN: Tere Keller-Amaya, Director
21. Assignment. This Agreement is not assignable by FENWC without the express written
consent of Contractor.
22. Severability. If any provision of this Agreement or the application thereof to any person
or circumstance shall be invalid or unenforceable to any extent, it is the intention of the
parties that the remainder of this Agreement and the application of such provision to
other persons or circumstances shall not be affected thereby and shall be enforced to the
greatest extent permitted by law.
23. Captions. The captions contained in this Agreement are for convenience or reference
for the parties and are not intended in any manner whatsoever to construe, define or limit
the scope or intent of this Agreement or any provisions hereof.
24. Counterparts. This Agreement may be executed in one or more counterparts, each of
which when so executed shall be an original, but all of which together shall constitute
one agreement.
25. Federal Matching of Funds (Services). NCMC understands that the need to contribute
matching funds is an integral part of being awarded a Federal grant. In order to meet
this requirement, NCMC will contribute the following Materials and Services at its sole
expense: administrative costs for managing this contract, costs of time and travel for the
therapist providing service, costs of photocopying handouts, and costs of test materials
(see Exhibit C for detail).
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year
above written.
NORTH COLORADO MEDICAL FAMILY EDUCATION NETWORK OF
CENTER, INC. WELD COUNTY
By: By: C—
Elaine Drake, Division Director Tere oiler-Amaya, Direct
Date: Date:
By: l
St e Mac , Director of Contracting Services
Date:
WELD COUNTY BOARD OF COMMISSIONERS
Constance L. Harbert, Chairperson f;//S l93
WELD COON ' C n 1 TJi /BOAAla
ATTEST: � /1,24
4,01177
By 0 � .
Deputy Clerk toy the
/
27
WELD CO DIV.TSJON OF HUMAN RESOURCES
Walter-d Speckman, Executive Director
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EXHIBIT A
SPEECH-LANGUAGE SERVICES:
Estimated
Percentage of
Time
1. Screening students for speech-language needs 5%
2. Performing diagnostic evaluations to determine needs and optimal 10%
treatments
3. Provide appropriate interventions on individual, group, and 55%
consultative bases
4. Consult with parents and teachers in regard to suggested 15%
interactions to augment student's speech-language development
5. Provide applicable training opportunities to staff 5%
6. Offer opportunities to meet one-on-one or in a group setting with 10%
parents to discuss their child's progress, specific needs, speech-
language development, etc.
802 Hrs or
100%
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EXHIBIT B
Fee Schedule
Fees payable to Contractor for Rehabilitation Services provided to FENWC shall be calculated
at the rate of $40.00 per hour. Supplies, if necessary and authorized by FENWC, shall be
payable at Contractor's usual and customary charge. Preparation of evaluation reports,
preparation and attendance at staffing and all other consulting services shall be payable at the
rate of $40/hour.
Billed fees shall not exceed $32,080.00 for the term and provision outlined in this Agreement.
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EXHIBIT C
Federal Match Detail •
Administrative Costs of Managing Contract, i.e. time from Caryn $ 3,100.00
Stanwyck and Helen Woolley will not be billed.
Time and Travel Costs for Therapist providing Service. 4,800.00
Cost of Photocopying Handouts. 150.00
Cost of Test Materials. 175.00
TOTAL VALUE OF MATCHING DETAIL $ 8,20AQ
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t° mEmoRAnDum
i Board of County Commissioners ; �
O ?oConstance L. Harbert, Chairpersonoate December 1'3 19931
COLORADO From U'°al ter 3. Speckman, Executive Director, Hum nKesot rces
subiect:Purchase of Service Agreement between FENWC and NCMC
Enclosed for Board approval is a Purchase of Service Agreement between the Family
Educational Network of Weld County (FENWC) and North Colorado Medical Center
(NCMC) Rehabilitation Services for Speech/Language Services.
• The scope of services include on-site speech-language services to Head
Start eligible students up to 802 hours of services.
• NCMC will be reimbursed a maximum of $32,080 for the term and provisions
outlined in the Agreement.
The term of this Agreement is from December 13, 1993 through September 30, 1994.
If you have any questions, please telephone Tere Keller-Amaya at 353-3800.
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