HomeMy WebLinkAbout952307.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR SHARED SERVICES BETWEEN HEALTH DEPARTMENT
AND NORTH COLORADO MEDICAL CENTER FOUNDATION, INC., ON BEHALF OF
THE CHILDREN'S CLINIC, 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 Shared Services
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 the North
Colorado Medical Center Foundation, Inc., on behalf of the Children's Clinic, with 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 Shared Services 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 the North Colorado Medical Center Foundation, Inc., on
behalf of the Children's Clinic, 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 8th day of November, A.D., 1995.
(!
GATT
Id E
ty Clerk to the Board
y Attorney
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, CS .. •RADO
Dale K. Hall, Chair an
Fxr:llSFn
Barba,ra J. Kirkmeyer,?ro-Tem
Georg e. Baxter
onstance L. Harbert
/i/i
W. H. Webster
/1/dMelit, a(Laken_
952307
HL0021
AGREEMENT FOR SHARED SERVICES
THIS AGREEMENT, made and entered into this 7< day of 1995, by and
between the County of Weld, State of Colorado, by and through the Boar of County
Commissioners of Weld County, on behalf of the Weld County Health Department, hereinafter
referred to as "WCHD," and the North Colorado Medical Center Foundation, Inc., hereinafter
referred to as "NCMCF," on behalf of the Children's Clinic, hereinafter referred to as "CC."
WITNESSETH
WHEREAS, WCHD is a county health department, which has the power and duty,
pursuant to statute, to initiate and carry out health programs, not inconsistent with the law, that
may be deemed necessary or desirable for the protection of the public health and the control of
disease; and
WHEREAS, WCHD receives vaccines from the Colorado Department of Public Health
and Environment (hereinafter referred to as "CDPHE") for the purposes of providing
immunizations to children pursuant to law; and
WHEREAS, WCHD also provides, among other things, family planning, prenatal care,
and referrals for children with special needs or for ill children; and
WHEREAS, CC is a health clinic serving a target population of indigent or medicaid
enrolled families; and
WHEREAS, the parties wish to enter into an agreement to share services.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. RECITALS. The above recitals are incorporated herein by reference.
2. TERM. This Agreement shall be effective upon signing, and shall continue until
terminated by one or both of the parties, pursuant to the provisions contained hereinafter.
3. WCDH RESPONSIBILITIES:
a. WCDH will provide current copies of relevant rules and regulations
concerning infant immunizations to CC, and will provide updates as they become
available to CC, so that CC has a current copy of all such rules and regulations.
b. The parties acknowledge that WCDH receives vaccine from CDPHE on an "as
needed" basis. WCDH agrees to provide to CC. at no charge, vaccine CC
may need, so long as the vaccine is available to WCDH from CDPHE. Nothing
in this Agreement shall be construed in a manner in which WCDH would be
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required to provide CC with any vaccine under any circumstances. Nothing in
this Agreement shall be construed in a manner in which WCDH would be
required to provide CC with vaccine when a shortage of available vaccine
exists, or for any other reason.
c. WCDH will provide a WCDH practitioner and supplies to conduct a family
planning clinic at such times as the parties mutually agree to provide such service
at CC. The parties agree to define the specific roles and activities for which
each party is responsible, concerning such clinics, prior to holding such clinics.
d. WCDH agrees to include CC in the group of possible resources to which a
pediatric patient may be referred by WCDH. WCDH does not, however
guarantee that WCDH will make any number of referrals, or any referrals at all to
CC.
4. CC RESPONSIBILITIES:
a. CC shall provide each patient or parent or guardian of a child receiving a
vaccine a copy of the currently approved "Important Information" statement
(consent form) or, for any vaccines covered by the National Vaccine Injury
Compensation Program, the appropriate "Vaccine Information Pamphlet."
b. CC shall retain the signature portion of the "Important Information" form or
the Vaccine Information Pamphlet or a Centers for Disease Control approved
vaccine administration record provided by the Program as proof of informed
consent for a period of ten years following the end of the calendar year in which
the vaccine is administered, and upon request, to furnish copies of the required
information to the Colorado Department of Health or to the Centers for Disease
Control, Department of Health and Human Services.
c. CC shall not charge the patient, or responsible party, or third party insurer for
the cost of the vaccine.
d. CC agrees to bill the Medicaid program for and accept the reimbursement for
administration of the vaccine from Medicaid without further charge to the patient
or other responsible party.
c. CC will maintain at all times a current accounting of the numbers and types
of immunizations given. An accounting report shall be forwarded on a
monthly basis to the office manager at WCDH. The current office manager at
WCDH is Lynette Rothman. WCDH agrees to notify CC at such time that the
accounting report should be sent to a different person at WCDH.
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f. The CC staff will store and administer vaccines in strict compliance with all
rules and regulations of both WCDH and CDPHE.
g. A person designated by CC, currently Ann Compian Morales, a nurse
practitioner at CC, shall be responsible for maintaining ongoing communication
concerning different aspects of the vaccines and immunization program, with a
designated person at WCDH, currently Rosemary Spence, a nurse
knowledgeable about the immunization program. The parties agree to notify
each other at such time that the designated contact person at their facility is
changed.
h. At such times that WCDH conducts a family planning clinic at CC for CC
clients, CC shall provide an interpreter for Spanish speaking clients. CC
further agrees that its staff will strictly adhere to all rules and regulations of
WCDH as well as CDPHE, concerning the provision of such family planning
clinics.
i. CC agrees that a person designated by CC, currently Ann Compian Morales, a
nurse practitioner at CC, shall maintain ongoing communication
concerning current family planning issues, rules, and regulations, with a
designated person at WCDH, currently Jamie Lindahl, who is
knowledgeable about the family planning program. The parties agree to notify
each other at such time that a different person has been designated as a contact
person for that facility.
j. CC agrees to include WCHD in the group of possible resources to which
pregnant clients may be referred by CC for the provision of prenatal care. CC
does not, however guarantee that CC will make any number of referrals, or any
referrals at all to WCHD.
5. ASSURANCES:
a. Except as otherwise provided by statute, WCDH and CC agree that both are
independent contractors. In any case, officers or employees of each party do not
become employees of the other party and are not entitled to any employee
benefits as employees of the other party as the result of the execution of this
Agreement.
b. Except as otherwise provided by statute, 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 CC,
its employees, volunteers, or agents while performing its duties as described in
this Agreement. CC shall indemnify, defend and hold harmless Weld County,
the Board of County Commissioners of Weld County, its officers and employees
for any loss occasioned as a result of the performance of this Agreement by CC,
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its employees, volunteers, and agents.
c. Except as otherwise provided by statute, the North Colorado Medical Center
Foundation, its Board of Directors, its officers and employees shall not be held
liable for injuries or damages caused by any negligent acts or omissions of
WCHD, its employees, volunteers, or agents while performing its duties as
described in this Agreement. To the extent permitted by law, WCHD shall
indemnify, defend and hold harmless, NCMCF, its Board of Directors, its officers
and employees from any loss occasioned as a result of the performance of this
Agreement by WCHD, its employees, volunteers, and agents.
d. No portion of this Agreement shall be deemed to be a waiver of any
immunities the parties or their officers or employees may possess, nor shall any
portion of this Agreement be deemed to have created a duty of care with respect to
any persons not a party to this Agreement.
e. No portion of this Agreement shall be deemed to create an obligation on the
part of the County of Weld, State of Colorado, to expend funds not otherwise
appropriated in any relevant year.
f. It is agreed 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.
g. If any section, subsection, paragraph, sentence, clause or phrase of this
Agreement is for any reason held or decided to be illegal, invalid, or
unenforceable, such decision shall not affect the validity of the remaining
portions. The parties hereto declare that they would have entered into this
Agreement and each and every section, subsection, paragraph, sentence clause,
and phrase thereof irrespective of the fact that any one or more sections,
subsections, paragraphs, sentences, clauses or phrases might be declared to be
illegal, invalid, or unenforceable.
h. This Agreement 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 Agreement
are hereby put on notice, and charged with the responsibility of compliance with
such contract provisions as required by law.
i. This Agreement constitutes the entire understanding between the parties with
respect to the subject matter hereof. All modifications to this Agreement shall be
in writing and signed by both parties.
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j. This Agreement shall be binding upon the parties hereto, their successors, heirs,
legal representatives, and assigns. CC and WCDH may not assign any of their
rights or obligations hereunder without the prior written consent of the non -
assigning party.
6. TERMINATION. Either party may terminate either the portion of this Agreement
concerning vaccines and immunizations, or the portion of the Agreement concerning family
planning and referrals of clients, or both, for any reason upon ten days written notice of its intent
to so terminate. In the event of termination of the portion of this Agreement concerning vaccines
and immunizations, without being required to wait until the ten day notice period has expired,
WCDH will immediately cease providing vaccines to CC, and WCDH will immediately remove
any unused vaccines that were previously supplied by WCDH to CC. CC will continue to be
responsible for the accounting for the vaccines it previously received from WCDH, as provided
for in paragraph 4 of this Agreement. In the event of termination of the portion of this
Agreement concerning family planning and referrals of clients, without being required to wait
until the ten day notice period has expired, WCDH shall immediately remove any remaining
supplies or equipment stored on CC premises for such clinics. Any WCDH supplies or
equipment not removed from CC premises within 10 days after the expiration of the notice
period shall become the property of CC.
7. 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.
WELD COUNTY:
Weld County Board of County Commissioners
915 Tenth Street
Greeley, Colorado 80632
CHILDREN'S CLINIC:
North Colorado Medical Center Foundation, Inc.
1801 16th Street
Greeley, Colorado 80631
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of
the day, month, and year first above written.
9523'17
BOARD OF COUNTY COMMISSIONERS NORTH COLORADO MEDICAL
WELD COUNTY, COLORADO
Dale Hall, Chairman
I
ATTEST: Weldf "Onty Cler
FOUNDATION, INC.
957)
By: Gary2Schrenk, President
to the Board Approved by:
WELD COUNTY HEALTH DEPARTMENT
n S. Pickle, M.S.E.H., Director
Byi��`-' ". y'_=;:�/X ,_rte
Deputy Clerk to the Board
952327
COLORADO
mEmoRAnDum
Dale Hall, Chairman
To Board of County Commissioners
From
Subject:
WELD COUNTY
1995 1114' -1 PH 2: 59
Date October 30, 1995 CLERK
O THE B0125
John Pickle, Director, Health Departme
Children's Clinic Agreement
Enclosed for Board approval is an agreement between the North Colorado Medical Center
Foundation on behalf of the Children's Clinic and Weld County Health Department. This
agreement provides for the two agencies to share services in the family planning and immunization
programs while serving the indigent and medicaid enrolled populations of Weld County.
This agreement will become effective upon its signing, and shall continue until terminated by one
or both of the agencies. There is no money involved in the agreement.
I recommend approval of this agreement.
Enclosures
9523C7
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