HomeMy WebLinkAbout980907.tiff RESOLUTION
RE: APPROVE CONTRACT FOR REHABILITATIVE SERVICES AND AUTHORIZE CHAIR
TO SIGN - LUTHERAN HEALTH SERVICES, NORTH COLORADO MEDICAL
CENTER
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 Contract for Rehabilitative Services
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 Human Services, Family
Educational Network of Weld County, and Lutheran Health Systems, North Colorado Medical
Center, commencing July 1, 1997, and ending June 30, 1999, with further terms and conditions
being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, 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 Contract for Rehabilitative Services 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 Human Services, Family Educational Network of Weld County,
and Lutheran Health Systems, North Colorado Medical Center, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of June, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: , r', `�;ri i�l' � �.l1ns.7-0,-pot/..2a064
Constance L. Harb rt, Chair
Weld County CI to dW. ftster,
BY:
Deputy Clerkl� bard ��'
orge . Baxter
APP AS TO F RM:
Dale K. Hall ui ty Attorn y // A
Bar ara J. Kirkmeyer
980907
HR0069
OR/G/NA
CONTRACT FOR REHABILITATIVE SERVICES
THIS AGREEMENT is made by and between LUTHERAN HEALTH SYSTEMS, a
North Dakota nonprofit corporation with its corporate office located in Fargo, North Dakota,
operator of NORTH COLORADO MEDICAL CENTER, hereinafter referred to as "NCMC,"
and FAMILY EDUCATIONAL NETWORK OF WELD COUNTY, HEAD START
PROGRAM, located in Greeley, Colorado, hereinafter referred to as "FENWC."
WITNESSETH:
WHEREAS, FENWC desires to retain NCMC as an independent contractor in connection with
the services to be rendered to FENWC's students by NCMC, as more fully stated below; and
WHEREAS, NCMC is a health care provider with established staff and operations and, as a
result thereof, is possessed of certain services that FENWC desires to use and that NCMC desires
to provide;
NOW THEREFORE, for and in consideration of the foregoing and other good and valuable
consideration, the receipt of which, according to the terms set forth below, is hereby
acknowledged, the parties mutually agree as follows:
1. Engagement of NCMC. FENWC hereby retains NCMC and NCMC hereby accepts
engagement by FENWC upon the terms and conditions hereinafter set forth.
2. Term. This Agreement shall become effective July 1, 1997, and shall remain in effect
until June 30, 19919 unless otherwise terminated in accordance with the provisions hereof
Either party may, at any time during the term hereof, terminate this Agreement with or without
cause, upon thirty (30) days advance written notice to the other party. This Agreement shall
terminate at the expiration of said thirty (30) day notice (or such longer period as set forth in the
notice of termination); provided, however, that any obligation arising hereunder prior to the
termination of this Agreement shall not be extinguished by such termination and shall be
governed by the terms hereof.
3. Services to be Provided By/Res.ponsibilities of NCMC.
3.1 NCMC shall provide on-site rehabilitation services to FENWC students as set
forth in Exhibit A, which is attached hereto and is hereby incorporated into and made part of this
Agreement by this reference. The number of hours of service per week shall be determined by
the number of students requiring service as mutually agreed to by FENWC and NCMC. NCMC
shall provide FENWC with any necessary written reports summarizing said services which shall
fulfill the legal and accreditation requirements of the parties hereto. Such reports shall be
maintained by FENWC. NCMC shall be responsible to FENWC in matters concerning
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compliance with FENWC policies and procedures and coordination of services with other
members of the health care team. NCMC shall maintain confidential medical records in
compliance with all local, state and federal regulations including clinical, progress notes and
periodic patient evaluations which NCMC shall provide to FENWC, at their request.
3.2 All engagements shall be scheduled at times and dates mutually agreed upon by
both parties.
3.3 NCMC warrants that all services provided hereunder shall be performed with the
highest degree of skill, competence and professionalism and shall conform to NCMC's
performance requirements, as stated in this Agreement.
4. Compensation.
4.1 Services shall be rendered to FENWC's clients on an hourly basis as set forth in
the Fee Schedule,which is attached hereto as Exhibit B and is hereby incorporated into and made
part of this Agreement by this reference.
4.2 The payment provisions of this Agreement may not be altered or modified during
the initial 12 month term of this Agreement. Moreover, following termination without cause, the
parties shall not enter into the same or a similar contract with each other unless the new contract
does not have the effect of altering or modifying the previous Agreement's payment provisions
within a 12-month period.
4.3 Invoices must be itemized and submitted to FENWC. Invoices are payable net
thirty (30) days after receipt. Invoices not paid in full within thirty (30) days after receipt shall
be subject to a late payment charge of 1.5%per month on the unpaid principal balance. Inquiries
regarding payment should be directed to NCMC's Manager, Rehabilitation Services.
5. NCMC as Independent Contractor.
5.1 It is expressly understood and agreed that NCMC is acting as an independent
contractor unrelated to FENWC or any of its subsidiary or affiliated companies. Nothing in this
agreement is intended to create a relationship, express or implied, of employer-employee or of
principal-agent between FENWC and NCMC or between FENWC and any individual employed
or provided to work under this Agreement by NCMC.
5.2 FENWC shall have no direction or control over NCMC or NCMC's employees,
agents, representatives, volunteers, assigns or subcontractors (hereinafter referred to collectively
as "NCMC's employees"), or the manner and methods utilized by NCMC. FENWC is interested
only in results obtained by NCMC. NCMC shall determine and have sole discretion over the
manner and methods utilized to perform and complete this Agreement and shall be solely
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responsible for the direction, control and supervision of its acts and those of NCMC's employees
incident to the performance of this Agreement. Neither party shall have nor shall it represent
itself as having any authority to make contracts in the manner of or binding on the other party or
to pledge the other party's credit or to extend credit in the other party's name
5.3 NCMC has sole responsibility to determine those matters governing the
employment terms and conditions for NCMC's employees working for NCMC pursuant to this
Agreement, including, but not limited to, selection, hiring, discipline, grievance resolution, pay,
benefits and supervision and control of such NCMC's employees. FENWC has no authority or
rights and shall not share or have any responsibility in the determination of such matters for such
employees of NCMC.
5.4 NCMC shall be solely responsible, at its own expense, for withholding all state
and federal income taxes, making all filings and reports with respect to FICA and FUTA taxes,
and making all filings and reports in connection with or relating to the services of NCMC or any
individual employed or provided to work under this Agreement by NCMC; NCMC represents
that it has an employer identification number and the necessary accounting resources to make all
such withholdings, filings and reports. NCMC will indemnify FENWC for and against any
liability and expense arising from NCMC's failure to make such withholdings, filings and
reports. NCMC will provide all benefits required under any agreement between NCMC and any
individuals employed or provided to work under this Agreement, including health and life
insurance, workers' compensation, retirement and unemployment benefits, to any individual
employed or provided to work under the Agreement by NCMC and no such individual shall have
any rights to benefits provided by FENWC to its employees.
5.5 NCMC shall provide physical therapists who have graduated from an accredited
training program and who are licensed or pending licensure with the State of Colorado. NCMC
will provide occupational therapists who have graduated from an accredited training program and
are certified or pending certification with the National Board of Certified Occupational
Therapists. NCMC will provide speech language pathologists who have either graduated from
an accredited training program with a certificate in clinical competency or who have been
accepted by A.S.H.A. for a clinical fellowship year.
5.6 NCMC recognizes FENWC has chosen it to perform the services contemplated by
this Agreement because of the expertise of NCMC and NCMC's employees. Any
subcontractors, associates, volunteers, or consultants utilized by NCMC relative to its
performance under this Agreement must be specifically identified by NCMC and approved by
FENWC prior to the provision of services or goods by a subcontractor, associate, volunteer or
consultant of NCMC. Any subcontractors, associates, volunteers or consultants approved by
FENWC hereunder shall agree to be bound by all provisions of this Agreement. NCMC shall
ensure that any approved subcontractor, associate, volunteer or consultant has executed an
appropriate Agreement prior to the commencement of work. This Agreement shall be and
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remain binding on NCMC and its subcontractors, associates, volunteers, consultants, successors,
and assigns, if any.
6. Rights/Responsibilities of FENWC .
6.1 For each student for whom NCMC is to provide services pursuant to this
Agreement, FENWC shall identify such student and refer individually to NCMC. FENWC shall
guide the scope of services.
6.2 Insofar as it is not in conflict with NCMC's status under this Agreement as an
independent contractor, FENWC shall provide NCMC with access to and use of such facilities,
equipment, support personnel, supplies and the like, as are reasonable necessary in order for
NCMC to perform the obligations under this Agreement. FENWC shall make available to and
provide NCMC with any and all applicable FENWC's policies and procedures which are to be
followed and applied by NCMC while NCMC is providing services pursuant to this Agreement.
FENWC shall evaluate services rendered by NCMC in all matters concerning compliance with
FENWC'S policies and procedures and coordination of services with other members of the
health care team. FENWC shall be responsible for maintaining a liaison with NCMC to ensure
that their efforts are coordinated effectively and support the objectives outlined in the plan of
care.
6.3 FENWC shall determine the charge(s) and shall bill such charge(s) to each and all
client(s), directly or to such third party or entity as otherwise applicable, for whom NCMC
provides services pursuant to this Agreement; in no event will NCMC charge or bill any such
client.
7. Insurance and Hold Harmless Provision.
7.1 NCMC shall at its own expense maintain adequate professional liability
(malpractice) insurance with a carrier acceptable to FENWC, or self insure for the same. NCMC
agrees to supply FENWC evidence of such insurance coverage upon request.
7.2 FENWC, its subsidiaries and affiliated companies and its respective officers,
agents, representatives and employees; and NCMC, its subsidiaries and affiliated companies and
their respective officers, agents, representatives and employees; respectively assumes
responsibility for liability, real or alleged, arising from its activities performed pursuant to this
Agreement. As to such activities, each agrees to and shall indemnify against and hold harmless
the other from: any and all claims, losses, damages (whether direct, indirect or consequential),
causes of action, suits, and liabilities of every kind (including attorneys' fees and expenses
incurred in the investigation, defense and settlement of any claim or suit or for the payment of
any judgment); for injuries to or death of any person; and for damages to and destruction of
property by whomsoever owned, including loss or use thereof; resulting directly or indirectly, in
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whole or in part, from the prosecution or omission of any work or obligations undertaken by or
required of either by this Agreement as to any such injuries or death of a person or persons and
any such damages or destruction of property resulting from such activities. In the event any
action is filed in a court of competent jurisdiction to enforce any of the terms and conditions of
this Agreement, the prevailing party in such action shall be entitled to recover reasonable
attorney's fees and costs.
8. Confidentiality. FENWC and NCMC agree that all student records shall be considered
as and treated as confidential so as to comply with all federal, state and local laws and
regulations regarding confidentiality of patient records. Further, all information developed for
FENWC by NCMC and NCMC's employees pursuant to this Agreement, or information
supplied to NCMC for purposes of this Agreement, shall be considered to be confidential and
proprietary information owned by NCMC.
9. Notice. My notice required to be given pursuant to the terms and provisions of this
Agreement shall be in writing and may be either personally delivered or sent by registered or
certified mail in the United States Postal Service, Return Receipt Requested, postage prepaid,
addressed to each party at the addresses which follow or to such other addresses as the parties
may hereinafter designate in writing:
NCMC: Western Plains Health Network
1801 16th Street
Greeley, CO 80631
Attn: Contract Manager
With CC to: North Colorado Medical Center
1801 16th Street
Greeley, CO 80631
Attn: Clinical Manager, Rehab Services
FENWC: Family Educational Network of Weld County
Head Start Program
1551 North 17`" Avenue
P.O. Box 1805
Greeley, CO 80632
Attn: Tere Keller-Amaya, Director
Any such notice shall be deemed to have been given, if mailed as provided herein, as of
the date mailed.
10. Governmental Access to Books and Records. NCMC shall retain and make available
upon request for a period of four (4) years after the furnishing of such services as described in
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this contract, the contract, books, documents and records which are necessary to certify the
nature and extent of the cost thereof when requested by the Secretary of Health and Human
Services or the Comptroller General, or any of their duly authorized representatives.
If NCMC carries out any duties of this contract through a subcontract with a related
organization, valued at $10,000 or more over a 12-month period, the subcontract shall also
provide that the Secretary of Health and Human Services or the Comptroller General may have
access to the subcontract and the subcontractor's books, documents and records necessary to
verify the costs of the subcontract for a period of four years after the services have been
furnished.
This provision relating to the above retention and production of documents is included
because of possible application of Section 1395x(v)(1)(I) of the Social Security Act to this
Agreement; if this Section should be found to be inapplicable, then this clause shall be deemed to
be inoperative and without force and effect.
11. Force Majeure. Neither party shall be liable nor deemed to be in default for any delay or
failure in performance under this Agreement or other interruption of service or employment
deemed resulting, directly or indirectly, from Acts of God, civil or military authority, acts of
public enemy, war, accidents, fires, explosions, earthquakes, floods, failure of transportation,
strikes or other work interruptions by either party's employees, or any other cause beyond the
reasonable control of either party.
12. Entire Agreement/Amendment/VVaiver. This Agreement, including any attachments
and documents specifically incorporated by reference, merges all previous negotiations between
the parties hereto and constitutes the entire agreement and understanding between FENWC and
NCMC with respect to the subject matter of this Agreement. No alteration, modification or
change of the Agreement shall be valid except by an agreement in writing executed by FENWC
and NCMC. No failure or delay by FENWC or NCMC in exercising any right, power or
privilege hereunder (and no course of dealing between FENWC and NCMC) shall operate as a
waiver of any such right, power or privilege. No waiver or any default on any one occasion shall
constitute a waiver of any subsequent or other default. No single or partial exercise of any such
right, power or privilege shall preclude the further or full exercise thereof.
13. $everability. In the event any provision of this Agreement is held to be unenforceable
for any reason, the unenforceability thereof shall not affect the remainder of this Agreement,
which shall remain in full force and effect and enforceable in accordance with its terms.
14. Captions. The captions contained in this Agreement are for convenience or reference for
FENWC and NCMC and are not intended in any manner whatsoever to construe, define or limit
the scope or intent of the Agreement or any provision hereof.
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15. Attachments. The following attachment(s), if any, listed below, are hereby incorporated
into this Agreement and by this reference, made apart hereof:
Exhibit A: Description of Services
Exhibit B: Fee Schedule
16. Counterparts. This Agreement is executed in duplicate, any of which is considered to
be an original agreement.
17. Governing Law/Venue. The laws of the State of Colorado shall govern any
interpretations or constructions of this Agreement. Any action pertaining to this Agreement shall
be commenced and prosecuted in the courts of Weld County, Colorado, and each party submits
to the jurisdiction of said courts and waives the right to change venue.
IN WITNESS WHEREOF, this Agreement has been executed the day and year first
above written.
LUTHERAN HEALTH SYSTEMS, FAMILY EDUCATIONAL
operator of NORTH COLORADO NETWORK OF WELD COUNTY,
MEDICAL CENTER HEAD START PROGRAM
By: �� By: G
Karl B. Gills, Administrator Walt Speclunan, Executive Director
Divi on of Human Services
Date: L/o/t.K Date:
Weld County Board of County Commissioners
Constance E. Harbert, t• - ,:_ son
(06/01/9ll-
:
),
ATTEST:
ss.r vc��
Q `''?
.�. ,
Clerk to the Boa
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EXHIBIT A
DESCRIPTION OF SERVICES
The following services will be provided by NCMC:
Physical Therapy Services:
1. Assessment of functional gross motor skills
2. Equipment/orthoses maintenance and recommendations
3. Functional mobility
4. Strengthening exercises
5. Range of motion and positioning recommendations
6. Facilitation of function within given motor limitations
7. Age appropriate developmental activities
Occupational Therapy Services:
1. Assessment of functional fine motor, cognitive, sensory skills
2. Promotion of cognitive skills within educational framework
3. Age appropriate fine motor activities
4. Promotion of sensory integration
5. Adaptive equipment recommendations
6. Facilitation of oral motor/feeding skills
7. Visual-motor perceptual training
8. Support of independence in activities of daily living
Speech Therapy Services:
1. Assessment of communication skills
2. Speech production training
3. Augmentative communication recommendations
4. Facilitation of functional and use communication
5. Use of non-verbal forms of communication
Consulting Services:
1. Inservices for faculty and/or students
2. Instruction in treatment reinforcement techniques to appropriate personnel
3. Recommendations for and assistance with ordering of equipment for the students
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EXHIBIT B
FEE SCHEDULE
Fees payable to NCMC for Rehabilitation Services provided to FENWC shall be calculated at
the rate of$40.00 per hour, portal to portal. Supplies, if necessary and authorized by FENWC,
shall be payable at NCMC's usual and customary charge. Preparation of evaluation reports,
preparation and attendance at staffing and all other consulting services shall be payable to
NCMC at the rate of$40.00 per hour.
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reci( 6,-
MEMORANDUM
11 TO: Weld County Board of DATE: Jun 1, 1998
OCounty Commoners
C FROM: Walter J. Speckman, Executive Director
COLORADO Weld County Division of Human Services
SUBJECT: Purchase of Service Agreement between Weld County
and Lutheran Health Systems
Presented before the Weld County Board of County Commissioners for approval is a
Purchase of Service Agreement between Weld County, Division of Human Service' Family
Educational Network of Weld County, Migrant Head Start Program, and Lutheran Health
Systems, North Colorado Medical Center.
The contract is for the provision of therapeutic services for Migrant Head Start children
identified has having disabilities. Services will be billed at a cost of$40.00 per hour for on-
site rehabilitation services.
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980907
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