HomeMy WebLinkAbout982472.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR WELD COUNTY SHERIFF'S OFFICE JAIL MEDICAL
UNIT SERVICE AND AUTHORIZE CHAIR 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 Weld County Sheriff's
Office Jail Medical Unit Service 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 Sheriff's
Office, and Correctional Healthcare Management, Inc., commencing January 1, 1999, and
ending December 31, 2001, 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 Weld County Sheriff's Office Jail Medical Unit Service
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 Sheriff's Office, and Correctional
Healthcare Management, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 21st day of December, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
o /W �aWYE,ATTEST: ,// 41JCCU
Constance L. Harb rt, Chair
Weld County Clerk to th oa f ° l9 n 9
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`` '' -`-W. !WeerLTt
BY: • <LrU
i
Deputy Clerk to the j >'_' '.c_4 EXCUSED
rge E. Baxter
-r.
AP FORM:
Dale K. Hall
ounty A rney
EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
982472
So SO0016
AGREEMENT FOR WELD COUNTY SHERIFFS
OFFICE JAIL MEDICAL UNIT SERVICE
THIS AGREEMENT,made and entered into this 21st day of December, by and between the Board
of County Commissioners of the County of Weld, 915 Tenth Street, Greeley, Colorado 80631,
(hereinafter"County"), and Correctional Healthcare Management, Inc., (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 National Commission on Correctional Health
Care ("NCCHC") certification for the medical care in the Weld County Jail and to require Provider
follow the NCCHC Standards for Health Services in Jails (1996 ed) (NCCHC Standards) in order
to maintain said certification, 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,there are Jail Medical Sub-Units located at both the Centennial Jail("Centennial
Unit") and North Jail Complex ("North Unit") (collectively 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. Specifically the Centennial
Unit will receive coverage 16 hours per day and the North Unit will receive coverage
24 hours per day.
B. Provider shall have the following personnel assigned at all times:
1. One (I) supervisor who is a Registered Nurse (R.N.) to work 40 hours per
week at the Jail Medical Unit.
2. Registered Nurses (RN.) and/or Licensed Practical Nurses (L.P.N.) as
necessary to accommodate 24-hour coverage described in Paragraph I.A.
herein.
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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. and consistent with
NCCHC Standards. Said personnel shall have telephones located within 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)
(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, including maintaining patient
confidentiality as required by law.
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.
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25. Scheduling special diets.
26. Referring documentation into or out of the facility and summarizing
documentation for the transfer of prisoners.
27. Provide care and services not otherwise listed in this part I necessary to
maintain and follow the NCCHC Standards for Health Services in Jails(1996
ed) (NCCHC Standards).
28. AZT or AIDS related Medications and Testing-Provider shall be responsible
for the costs of all medications administered at the Weld County Jails.
Provider shall only be responsible for an annual limit of five thousand
($5,000)dollars for AZT or other AIDS-related medications and testing, only
after confirmed positive testing of HIV or AIDS. If, however, the annual
limit of $5,000.00 in NOT met, then Provider shall return 100% of the
difference back to Weld County.
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.
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 including
subcontractors in a minimum amount of one million dollars per occurrence and
three million dollars aggregate.
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. 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 a minimum of three (3)times weekly at the North Unit
and at least two (2)times weekly at the Centennial Unit.
2. Provide 24-hour telephone coverage for consultation in emergencies.
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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 in the field
of family or internal medicine.
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.
11. To act as the designated health authority as defined in the NCCHC
Standards J-01.
The dentist provided by the Provider will:
1. Conduct clinic a minimum of once per week at each Unit.
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 cases requiring ongoing attention.
5. Provide copy of current license to practice dentistry in the State of
Colorado.
6. Assume sole responsibility for professional liability insurance and provide
proof thereof.
7. Be a graduate from an accredited school of dentistry.
J. Provider will have primary responsibility for updating and implementing changes
to standards 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.
K. Parties Relationship
1. 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
deemed to be an employee, agent, or servant of another party to this
Agreement. Additionally, the parties hereby acknowledge and agree that
Provider is not an employee of Weld County, but is providing, or
arranging for, medical services as an independent contractor.
II. Indemnification:
A. Provider shall assume full responsibility' for and shall hold harmless Weld County,
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by and through the Board of County Commissioners of Weld County, their
officers, elected officials, employees and attorneys 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, their officers, elected officials,
employees and attorneys 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. 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.
IIL 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 $1,000,000.00 dollars per occurrence.
C. Comprehensive property damage liability insurance in an amount not less than
$500,000 per occurrence.
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 canceled, terminated, or otherwise modified without sixty (60) days prior
written notice provided to County.
IV. Records:
A. Provider shall maintain adequate records of services provided pursuant to County
requirements and shall make such records available to the Weld County Sheriffs
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
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V. Licenses, Fees, Permits, Certifications, and Outside Costs:
A. The Provider shall be responsible for the cost of the following specific licenses,
fees,permits, and certifications:
1. Drug Enforcement Administration License
2. State Board of Pharmacy License
3. NCCHC Certification
B. 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..
C. Provider shall be responsible for the $75,000.000 in outside medical costs per
contract year. Outside medical costs include emergency room visits, outside
medical specialists, ambulance transports and impatient hospitalizations. Weld
County will share on a 60/40 basis, any savings below the $75,000.00 limit, with
Weld County receiving the 60% share. All savings will be refunded at the end of
the contract year. Weld County will be responsible for all amounts over the
$75,000.00 limit during the contract year.
VI. Term:
A. Services Pursuant to this contract (as the bid reads)shall begin January 1, 1999 and
shall run for an initial period to and including December 31, 2001.
B. Upon the completion of the initial contract on December 31, 2001, County may
then renew this contract each year through 2003, 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 not 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.
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C. The Provider agrees to comply with the Federal Civil Rights Act of 1964 and will not:
I. 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 different from any other client with respect to the total range
of services it provides or the criteria it uses in determining eligibility 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.
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:
A. Billings shall be submitted monthly to the Weld County Sheriffs Office. Billings shall
be upon forms approved by the County and supported by forms furnished by County.
IX. Payment:
A. County shall pay Provider the sum of $47,833.33 per month on or before the 10th
of each month for which services provided pursuant to this contract.
X. Authority to Operate:
A. 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:
A. 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.
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B. Provider will establish a system through which an inmates family member, or other
interested party, 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:
A. 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:
A. 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 requirements in all approved subcontracts
and assignments.
XV. Program Records, Controls, Reports, Monitoring Procedures, and Ownership of Records:
A. 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 Sheriffs 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 ten(10)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 ten (10) year period, the
records shall be furnished to County for storage for the purposes of this section.
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XVII. Subcontracting and Assignment:
A. 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:
A. 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:
A. 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 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.
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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 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 it terms, and after receipt of written notice from County, fails
to correct such failures within 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.
A. No performance bond is required,however, Provider shall provide a letter of credit as
addressed in the Bid.
XXIII. No Waiver of Immunity:
A. No portion of this Agreement shall be deemed to constitute 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 that did not previously exist with
respect to any person not a party to this Agreement.
XXIV. Entire Agreement -No Third Party Beneficiary:
A. This Agreement contains the entire Agreement and understanding between the parties
to this Agreement and supersedes any other Agreements concerning the subject matter
of this transaction, whether oral or written. It is expressly understood and agreed that
the 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
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 that any entity other than the undersigned parties
receiving services or benefits under this Agreement shall be deemed an incidental
beneficiary only.
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XXV. Notices:
A. 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.
PROVIDER:
Correctional Healthcare Management, Inc.
19095 East Oak Creek Place
Parker, CO 80134
COUNTY: SITE CONTACT PERSON:
Weld County Board of County Commissioners Kim Fliethman, Business Manager
915 Tenth Street, PO Box 758 Weld County Sheriff's Office
Greeley, CO 80631 910 10th Avenue
Greeley, CO 80631
(970) 356-4015
IN WITNESS WHEREOF, the partie hereto have caused this agreement to be duly
executed as of this d/ S''` day of krAtiJ , 19 9,k .
ATTEST: WELD COUNTY, COLORADO,
/l BY AND THROUGH THE BOARD
__/ / OF COUNTY COMMISSIONERS
/ + 11 kezi,
il, J>)/ , OF WELD COUNTY
Weld County Clerk d op r.
Clerk to the Board loGi (4801,1c9
By:
Deputy County tUX51° Constance L. Harbert, Chair
SUBSCRIBED AND SWORN to before me on this_ 11 'lc- day of , 1998
by :.
WITNE•,. ?y hand and b `, I seal.
JEAN D. t0 '
GILLINGHAM i
�'•.• • N ry Pub
My comm '•v . •. e60_.=
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