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HomeMy WebLinkAbout940444.tiff RESOLUTION RE: APPROVE PURCHASE OF SERVICES AGREEMENT BETWEEN THE HEALTH DEPARTMENT AND MONFORT, 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 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 Weld County Health Department, and Monfort, Inc. , commencing April 1, 1994, and ending March 31, 1995, 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 Weld County Health Department, and Monfort, 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 16th day of May, A.D. , 1994, nunc pro tunc April 1, 1994. /// //1 BOARD OF COUNTY COMMISSIONERS ATTEST: /OtradkW/ WELD COUNTY, COLORADO Weld County Clerk to the Board ebster, C irman Deputy C rk to the Boar Dale Ir Hall, Pro-T /J 7-- APPROVED AS TO FORM: /George Baxter aunty At orney Constance L. Harbert EXCUSED DATE OF SIGNING (AYE) Barbara J. Kirkmeyer 940444 /-k_0i) -'0 � rte !r1, tr. PURCHASE OF SERVICES AGREEMENT � J THIS AGREEMENT, made and entered into this Aday of ff1 , 1994, by and between the County of Weld, State of Colorado, by and throw the Board of County Commissioners of Weld County, hereinafter referred to as "Weld County" on behalf of the Weld County Health Department, hereinafter referred to as "Health Department", and Monfort, Inc. hereinafter referred to as "Contractor". WITNESSETH WHEREAS, Contractor desires to offer Prenatal and Family Planning services to Monfort, Inc. employees and dependents covered under Monforts comprehensive health plan; and WHEREAS, the Contractor desires to purchase this service from Health Department; and WHEREAS, Health Department desires to provide such service; and WHEREAS, the parties desire to reduce the terms of 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 the date of its signing, nunc pro tunc April 1, 1994 through March 31, 1995, and may be renewed each year thereafter, by written agreement between the parties, subject to the provisions of Paragraph 9 of this Agreement. 2. Compensation In consideration of the services to be provided by the Heal ,../p Contractor agree t9 ay P Health Department an annual amount of $ &arable�O at the rate of $! `r1�. ' per month for the first eleven months and $14416.63 for the twelfth month. Said payments will be made to cover the costs of administering the program including but not limited to personnel and operating costs. Expenses incurred for supplies and services such as birth control, in house lab, and medical consultation, the total of which is expected to be approximately $52,0004 9 po 0 during the term of this contract, will be billed monthly . (see attachment A) If it becomes apparent to the Health Department that costs for said services may exceed the agreed upon amount, Health Department will notify Monfort pursuant to paragraph 14. Health Department will submit an invoice, on a form as set forth in attachment B, to Contractor at the end of each month services are provided. The invoice will clearly itemize the services provided and the expenses incurred. Contractor agrees to reimburse Health Department within 30 days after submission of this 940444 invoice. 3. Services A. Staff Qualifications The nurses and nurse practitioner provided by the 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 contract by a nurse practitioner in consultation with a physician. Health Department will compensate the consultant physician as outlined in attachment A. Contractor will then reimburse Health Department, upon receipt of a billing statement pursuant to the provisions of paragraph 2 of this agreement. B. Services To Be Provided During the term of this contract, Health Department agrees to provide prenatal and postpartum care to no more than 100 women and Family Planning services to no more than 500 women including education and counseling, in accordance with the "Prenatal Care Guidelines" provided by the Colorado Department of Health. This program does not include the cost of the following: off site laboratory testing; non-stress tests; ultrasounds; or other evaluation or testing done by an agency other than the Health Department; emergency room visits; hospitalization; delivery costs; referral for consultation or complications; home visits; abnormal pap follow-up; well or sick child care to the newborn; or IUD insertions. 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. The Health Department will coordinate care between medical providers and the local health agency including assistance in securing delivery services and referrals and assistance in seeking continuous infant and child health care. Health Department will provide appropriate equipment and materials in order to adequately provide the above set forth services. Health Department will make some services available in the evening hours to be set at the convenience of Health Department, and will provide Spanish speaking staff during normal clinic hours. 4. To Whom Services Are to be Provided The Health Department and the 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. The Health Department will not charge a fee to the qualified program participants for any of the covered services. The Health Department agrees to provide services to all program participants and employees in a smoke-free environment. Smoking may not be permitted in waiting 940444 areas, examination room, formal education sessions, therapy, or similar services. Designated smoking areas may be established for staff, program participants, family members, and visitors. 5. 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. 6. Limitations - Liabilities - Indemnification Each party shall not be responsible or liable for acts or omissions or failure to act by the other party. Accordingly, Health Department agrees to indemnify and hold Contractor harmless from any and all liability incurred by acts or omissions or failures to act by Health Department and, likewise, Contractor agrees to indemnify and hold Health Department harmless from any and all liability incurred by acts or omissions or failures to act by Contractor. Because Health Department is a department of the Weld County government, contractor 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. 7. Non-Assignment This Agreement shall not be assignable without prior written consent of Health Department or Contractor, whichever is the non-assigning party. 8. 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 number of hours not previously reimbursed during which the Health Department provided services pursuant to this Agreement. 9. 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 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. 940441 HEALTH DEPARTMENT: Weld County Department of Health c/o Judy Nero 1517 16th Avenue Court Greeley, Co 80631 MONFORT, INC. Monfort, Inc. Department of Risk Management Lucille Gallagher, Vice President PO Box G Greeley, Co 80632 10. Modification and Breach This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter or 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 wiaved 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. 11. Other Laws and Regulations Incorporated This Contract 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, but not having been set out herein, are hereby incorporated by this reference as though expressly set out in full. All parties to this Contract are hereby put on notice, and charged with the responsibility of compliance with such contract provisions as required by law. 12. 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. 13. 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 create an obligation on Contractor to expend funds not otherwise appropriated during the term of this Agreement. 940444 Dollar amounts and numbers of program participants for the contract year are subject to change based on differences between estimated and actual amounts. When a modification of the dollar amount or the number of program participants or both is necessary, The Health Department will so notify contractor. Contractor will confirm the modification in accordance with the form attached hereto as Attachment C. 14. 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. The Weld County Health Department shall be responsible for maintaining program participant records. Information concerning eligibility and participation for any program participant who may be participating under this Agreement shall be released to contractor only after a signed release has been obtained from the participant and presented to Health Department. Information regarding care received will be released only on a need to know basis and only after a signed release from the relevant participant has been presented to the Health Department. 15. Inurement This Agreement shall inure to the benefit of the heirs, assigns, and successors in interest of the parties hereto. 16. 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 any entity other than the undersigned parties receiving services or benefits, 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, receiving services or benefits under this Agreement, shall be deemed an incidental beneficiary only. 940444 IN WITNESS WHEREOF, the parties have hereunto set their hand and seals this I day of 1, 1994, nunc pro tunc March 1, 1994. WELD COUNTY HEALTH DEPARTMENT MONFORT, INC. fickle, M.S.E.H. Lucille Gallagher Di ctor Vice President S-76 / ' k Date Date BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 414 1/0 , �� W. H. We ster, Chairman p5`/1 �/� 0•51/1P/94/ Date ATTEST: Leatset Weld County Clerk to the Board By: A ' <- f t �� ge2 Deputy Gj erk to the Board 940444 Nurse Practitioner 12hrs/week (0.3FTE) to see 100 prenatal clients per year 8hrs/week (0.2FTE) to see 500 birth control clients per year 4hrs/week desk time Community Health Nurse client contact, client follow-up, referrels, chart reviews Office Technician clinic receptionist/health aide, translations, data entry, word processing, filing, scheduling appointments Supervisor program review and evaluation 940444 Attachment C Date Weld County Health Department 1517 16 Ave Ct Greeley, Co 80632 Dear • Monfort, Inc. notifies Weld County Health Department that the contract amount will be revised for the period through and shall be applied as follows; $ shall be used to provide basic services to patients; $ shall be used to provide in house lab services; $ shall be used for birth control supplies; and $ shall be used for reimbursement of the medical consultant. This notification shall not be deemed valid until it is approved by the Health Department. Please sign and return all copies of this notification to Monfort, Inc. A fully executed copy will be returned to you. Sincerely, Monfort, Inc. Weld County Board of Commissioners Title Date 940:244 REVISED 05/12/94 Attachment A BUDGET Personnel & Administration Nurse Practitioner ( 0 . 6FTE) $ 25, 600 Community Health Nurse ( 1 . 0fte) 30,500 Office Technician III ( 1 . 0FTE) 22,700 Office Technician III ( 0 . 5FTE) 11,300 Supervisor ( 1 . 0FTE) 32,500 $122 ,600 17% benefits 20, 842 Total Personnel $143,442 Admin/Indirect ( 18 . 37%) $ 25,300 Total $168,742 Other Services (Estimated to be billed as used) 11 payments of $14, 062 $154 ,682 1 payment of 14, 060 Medical Consultant $65/hr, 4 hrs/wk 13, 000 Birth Control Supplies 31,800 In-house lab Services 9, 000 Operating Supplies (to be billed at a rate 16,000 of 1/12 per month) Other Total $ 69,800 TOTAL $238,542 (est. cost) 940444 Attachment B CONTRACT REIMBURSEMENT STATEMENT MONFORT, INC To: Monfort, Inc. Date: PO Box G Greeley, Co 80632 From: Weld County Health Department 1517 16th Avenue Court Greeley, Co 80631 Expenditures from to Administrative Fee Number of Type Rate of Service Total Sere es GC culture $5.00 Chlamydia $7.50 Urine culture $10.50 Urine micro $4.50 MD Consult $65/hour BCP $6.00/each Norplant ins $400 Depo Provera $40 injection Diaphragm $10 Gel/cream $6 Foam $6 Condoms $3 10/pkg Vitamins $3.50 Iron $2.00 Other Total for services Total charges This is to certify that the above expenses were incurred per contract and we are requesting reimbursement for same. SIGNATURE DATE 94044/1 Employees Served for the Month of Date of Employee Name SS # Service Dept. Name 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. _ t 23. 24. 25. 26. 27. -ale 44- Hello