HomeMy WebLinkAbout20250019.tiffResolution
Approve Diagnostic Services Agreement for Tuberculosis Control Program and
authorize Chair to sign — Banner Imaging Services Colorado, LLC
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 Diagnostic Services Agreement for the
Tuberculosis Control Program 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 Public Health and Environment, and Banner Imaging Services Colorado, LLC,
commencing January 1, 2025, and ending December 31, 2027, 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 Diagnostic Services Agreement for the Tuberculosis Control Program
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 Public Health and
Environment, and Banner Imaging Services Colorado, LLC, 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 Board of County Commissioners of Weld County, Colorado, adopted the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 6th day of January, A.D., 2025, nunc pro tunc January 1, 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
cc:I-IL(rc /Es F/sM'
of/29/25
2025-0019
HL0058
Co ck-1 894
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: TUBERCULOSIS CONTROL PROGRAM DIAGNOSTIC SERVICES AGREEMENTS
DEPARTMENT: PUBLIC HEALTH AND ENVRIONMENT DATE: DECEMBER 12, 2024
PERSON REQUESTING: JASON CHESSHER, EXECTUIVE DIRECTOR
SHAUN MAY, PHS DIVISION DIRECTOR
Brief description of the problem/issue:
This pass -around includes two agreements to provide diagnostic imaging services for the Tuberculosis (TB)
Control Program:
1. Banner North Colorado Medical Center in Greeley, CO, will provide the technical component, which
includes conducting the chest X-ray procedures using qualified personnel, equipment, and materials.
2. Banner Imaging Services Colorado, LLC at two locations in Loveland, CO (Skyline and McKee Clinics),
will provide both the technical component (performing the imaging) and the professional component,
which involves interpretation and reporting of the X-ray results by a licensed radiologist.
These agreements ensure timely and comprehensive imaging services to support early detection, accurate
diagnosis, and effective management of TB for designated patients.
What options exist for the Board?
1. Approve the agreements to ensure timely and comprehensive diagnostic imaging services for the
Tuberculosis Control Program.
2. Request modifications to one or both agreements before approval.
3. Decline to approve the agreements.
Consequences:
1. If Approved: Designated patients will have access to essential chest X-ray services to support TB
diagnosis and management. Timely access to these services will enhance program effectiveness
and ensure compliance with grant deliverables.
2. If Not Approved: Delayed access to imaging services could hinder program effectiveness, result in
poorer health outcomes, and jeopardize current and future grant funding for the TB Control
Program.
Impacts:
These agreements improve access to -essential diagnostic services for individuals with -limited or no
access to healthcare, ensuring timely TB diagnosis and effective disease management.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
Annual costs will align with program utilization rates and approved budget allocations. Activities will be
conducted by current staff; no additional FTE is being requested.
Recommendation: I recommend approval to place these agreements with Banner North Colorado Medical
Center and Banner Imaging Services Colorado, LLC on a future BOCC agenda for formal consideration.
Please note that there are multiple imaging agreements for similar services being brought forward to the
Board. This is because each provider required a separate agreement rather than a single umbrella agreement
which has been used in years past.
2025-0019
IA0
H 1--(1)S?S
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro-Tem
Mike Freeman
Scott K. James
Kevin D. Ross , Chair
Lori Saine
o92,
1
Docusign Envelope ID: 59Eo9EC7-4CF2-4E18-BC1 E-A7195F692CB6
DIAGNOSTIC SERVICES AGREEMENT
FOR TUBERCULOSIS CONTROL PROGRAM
(0556-03-219019)
This Diagnostic Services Agreement for Tuberculosis Control Program (the "Agreement") is
entered into as of the signature dates set forth below, to be effective as of January 1, 2025 ("Effective
Date"), by and between the County of Weld, State of Colorado, by and through the Board of Commissioners
of Weld County, on behalf of the Weld County Department of Public Health and Environment
("WCDPHE") and Banner Imaging Services Colorado, a Colorado limited liability company ("BIS")
(individually, the "party" and collectively, the "parties").
RECITALS:
A. BIS operates certain outpatient clinics providing radiology services clinics located at 1900 N
Boise Ave, Ste 110, Loveland, CO 80538 and 2555 E. 13th St., Ste 100, Loveland, CO 80537
(the "Clinics").
B. BIS provides the technical and professional component of diagnostic imaging/radiology
services (the "Services") at the Clinics.
C. WCDPHE desires to retain a qualified provider to provide certain imaging/radiology (the
"Designated Patients").
D. WCDPHE desires to engage BIS to provide the technical and professional components of the
diagnostic imaging/radiology services for the Designated Patient(s) and BIS desires to be so
engaged, in accordance with the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the
parties hereby agree as follows:
AGREEMENT:
1. Banner's Responsibilities.
1.1 Provision of Services. Upon presentation of a voucher as set forth on (Schedule B) attached
hereto and incorporated herein by this reference, and if required, an order of an appropriately
licensed physician (employed or otherwise contracted to provide services to WCDPHE), BIS
shall provide the technical and professional component of such diagnostic imaging/radiology
services (the "Services") to the Designated Patient(s) for Two (2) View Chest X- Rays, for the
Tuberculosis Control Program, attached hereto and incorporated herein by this reference. BIS
shall supply all qualified personnel, materials, and equipment necessary to provide the
Services.
1.2 Results. BIS shall prepare or cause to be prepared written or electronic reports in medical
terminology with respect to all Services. BIS shall, upon request by a treating physician at
WCDPHE, provide test results and formal recommendations to WCDPHE within seven (7)
days after test completion. Otherwise, Banner shall provide WCDPHE with that amount of
information concerning the program participant as is necessary for WCDPHE to make
payment for the Services provided.
Docusign Envelope ID: 59E09EC7-4CF2-4E18-BC1E-A7195F692CB6
2. WCDPI IE's Responsibilities. WCDPHE shall determine the eligibility of the Designated Patients and
shall provide appropriate information to BIS in order for BIS to provide the Services to the Designated
Patients. Further, WCDPHE shall provide information for the Designated Patients to schedule the
Services through Banner's Central Scheduling Department by calling 970-810-2007.
3. Compensation. WCDPHE agrees to compensate BIS for the Technical Services at the rate of one
hundred percent (100%) of the allowable payment for each type of diagnostic/imaging radiology
service provided to a Designated Patients, based upon the rates set forth in Schedule A, attached hereto
and included herein, for Two (2) View Chest X -Rays, in effect at the time the Services are performed.
3.1 Funds Availability. Financial obligations of WCDPHE payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. Execution of this Agreement by WCDPHE does not create an obligation on the part
of WCDPHE to expend funds not otherwise appropriated in each succeeding year.
4. Billine. BIS shall submit invoices monthly to WCDPHE for Services provided to Designated
Patient(s). WCDPHE shall pay such invoices within thirty (30) days following the month in which the
Services were rendered. BIS agrees that BIS shall not, under any circumstances, bill any Designated
Patient(s) or third -party payer for the Services provided pursuant to this Agreement.
5. Term and Termination. The term of this Agreement shall begin on the Effective Date and shall
continue through December 31, 2027. The term may be extended upon mutual written agreement of
the parties. This Agreement may be terminated by either party at any time without cause and without
penalty by giving the other party at least ten days' prior written notice.
6. Insurance. During the term of this Agreement, each party agrees to secure and maintain in force,
liability insurance with coverages of reasonably appropriate types and amounts. Each party agrees to
produce upon request of the other party certificates of insurance evidencing such coverage.
7. Mutual Indemnification. As permitted under Colorado law, each party shall indemnify and save
harmless the other party for, from and against all actions, liabilities, losses, damages, claims and
demands whatsoever, including costs, expenses and attorneys' fees, resulting, or claimed to have
resulted solely from any intentional or negligent acts or omissions of the indemnifying party or its
employees, subcontractors or agents engaged in the work under this Agreement at the time of the event
or occurrence upon which such actions, claims or demands are based.
8. Confidentiality and Nondisclosure. WCDPHE acknowledges that WCDPHE may have access to
confidential and proprietary information of BIS (the "Proprietary Material") through Banner's
performance of the Services for WCDPHE. WCDPHE will keep confidential all Proprietary Material
by exercising the same degree of care toward such material as WCDPHE does with respect to its own
confidential and proprietary information of like importance, but, in any case, using no less than a
reasonable degree of care. WCDPHE will not disclose, distribute, publish, transmit, transfer or
disassemble the Proprietary Material or use the Proprietary Material for its own or any other party's
benefit, except in furtherance of its obligations under this Agreement. WCDPHE will limit access to
Banner's Proprietary Material to only those individuals who need to know such information for
carrying oct WCDPHE's obligations hereunder WCDPHE will ensure that its personnel, agents,
consultants and representatives who are given access to the Proprietary Material will be bound by and
comply with the terms of this Agreement. The nondisclosure provisions of this Agreement will be in
effect during the term of this Agreement and will survive termination, and WCDPHE's duty to hold
the Proprietary Material in confidence will remain in effect until the Proprietary Material no longer
2
Docusign Envelope ID: 59E09EC7-4CF2-4E18-BC1 E-A7195F692CB6
qualifies as confidential information or a trade secret under applicable law. For purposes hereof, the
Proprietary Material includes, but is not limited to, documents, records, reports, data, patient health
information, demographic information, plans, concepts, ideas, processes, procedures, policies,
designs, discoveries, inventions, marketing plans, methodologies, specifications, and other business
information relating to Banner's business, assets, operations or contracts, regardless of whether such
information has been expressly designated as confidential or proprietary. The Proprietary Material
may be provided in written, oral, electronic or other form. The Proprietary Information will not include
any information that (a) is now or becomes generally known or available to the public through no fault
of WCDPHE; (b) was known by WCDPHE before receipt from BIS without any obligation of
confidentiality; (c) is rightfully obtained by WCDPHE from a third party without breach of any
obligation to the disclosing party; or (d) is independently developed by WCDPHE without use of or
reference to any of the Proprietary Material.
9. Independent Contractor Status. Nothing in this Agreement creates an employer -employee
relationship, partnership, franchise, joint venture or agency relationship between the parties, and
WCDPHE will not represent to any third party that any such relationship exists. BIS has and will retain
the right to exercise full control and supervision of the Services, and full control over the employment,
direction, compensation and discharge of all personnel assisting BIS in the performance of the
Services. BIS will be solely responsible for the payment of all social security, self-employment,
federal, state and local income taxes, disability insurance, workers' compensation insurance, fees,
licenses and any other statutory benefits provided to its personnel.
10. Retention and Inspection of Records. All records related to this arrangement will be kept on file by
WCDPHE for a period of four years from the date the record is made or such longer period of time as
may be required by applicable law. Upon reasonable prior notice, WCDPHE will give Banner, or its
authorized representative, and any relevant regulatory agency the ability to inspect, examine, and
audit, during normal business hours, such of WCDPHE's business records as are relevant to this
Agreement. The cost of any BIS inspection, examination, and audit will be at the sole expense of
Banner.
11. Assignment. This Agreement may not be assigned by either party without the prior written consent
of the other party. If consent to an assignment is obtained, this Agreement is binding on the assigns
of the parties to this Agreement. Notwithstanding anything to the contrary in this Agreement, BIS
may assign or otherwise transfer its interest under this Agreement to any "related entity" without the
consent of the other party. For the purposes of this Section, a related entity will be deemed to include
a parent, subsidiary, any entity that acquires all or substantially all of Banner's assets or operations
relating to this Agreement, and the surviving entity of any merger or consolidation involving Banner.
12. Corporate Authority. Each party represents and warrants that the individual executing this Agreement
on behalf of such party is duly authorized to execute and deliver this Agreement on behalf of such
corporation, person, firm, partnership or other entity and that this Agreement is binding upon such
entity in accordance with its terms.
13. Force Majeure. Neither party will be liable for any delay in performance or any failure in performance
caused in whole or in part by reason of force majeure, which will be deemed to include the occurrence
of any event beyond the control of the parties, including, without limitation, war (whether an actual
declaration thereof is made or not), sabotage, insurrection, riot and other acts of civil disobedience,
action of a public enemy, laws, regulations or acts of any national, state or local government (or any
agency, subdivision or instrumentality thereof), judicial action, accident, fire, explosion, flood, storm
or act of God.
3
Docusign Envelope ID: 59E09EC7-4CF2-4E18-BC1E-A7195F692CB6
14. Counterparts. This Agreement may be executed in one or more copies or counterparts, each of which
when signed will be an original, but all of which together will constitute one instrument. Signatures
submitted via telecopy or electronic signature will have the same force and effect as original signatures
and, as such, will be valid and binding upon the parties hereto.
15. Governing Law. This Agreement will be governed by the internal substantive law of the State of
Colorado, without regard for the conflict of law principles thereof.
16. Notice. Any notice required to be given under this Agreement will be in writing, and will be deemed
delivered to the party to whom the notice is sent (a) when personally delivered, (b) one business day
after the same is sent by overnight delivery service, or (c) three days after the same is sent by certified
mail, postage prepaid, addressed to such party at the address that follows or to such other address as
such party may hereinafter designate in writing:
Intended to BIS: Banner Imaging Services Colorado, LLC
2901 N. Central Ave., Suite 160
Phoenix, AZ 85012
Attn: VP, Ambulatory Services
With a copy to: Banner Health
2901 N. Central Avenue, Suite 160
Phoenix, AZ 85012
Attn: General Counsel
Intended to WCDPHE: WCDPHE
1555 N. 17" Ave.
Greeley, CO 80631
Attn: TB Control Coordinator
17. Governmental Immunity: No term or condition of this contract shall be construed or as a waiver,
express or implied, of any the immunities, benefits, protections or other provisions, of the Colorado
Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
4
Docusign Envelope ID: 59EU9EC7-4CF2-4E18-BC1E-A7195F692CB6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the
Effective Date.
Banner Imaging Services Colorado, LLC
A Colorado Limited Liability Company
By: _liw (A
Jim Cote
Vice President, Ambulatory Services
Signature Date: December 14, 2024 I 3:08 PM MST
ATTEST: C„,„ rJCI ;di
Weld county clerk to the Board
BY:
Deputy Clerk to the Boa
5
BOARD OF COUNTY COMMISSIONERS
OUNTY, COLORADO
`�. !AL
B�(k Chair JAN 0 6 2025
Docusign Envelope ID: 59E09EC7-4CF2-4E18-BC1E-A7195F692CB6
SCHEDULE A
SERVICE RATES
Chest X-rays will be billed globally at 100% of the current Medicare Physician Fee Schedule.
6
Docusign Ermelope ID: 59E09EC7-4CF2-4E16-BC1E-A7195F692CB6
SCHEDULE B
SAMPLE VOUCHER
40,
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North l 7th Avenue. Greeley, CO 80631 www,weldheolth.org
Radiology Service Voucher
This voucher is Mr the billowing patient who has been confirmed as eligible for:
n Women's Wellness Connection Program o FR Program
Patient: Please present this voucher, as well as any other paperwork given to you, as you arrive for your
radiology appointment to ensure proper billing. Your appointment is scheduled at:
Af !/exur a rr c•far purJovor prerenle erne capon y Gros rtrnumentur neresrrriu enrregudua o urlyd. /anro aseXnrur la
%arruracion aprnpinda .Su clan es progrmm�dn en:
u Summit View Medical Commons
2001 70. Avenue, Greeley, CO 80634
(970) 8104070
t147pointment datehime:
Fechu de la cila
Patient's name:
Nambre del prier.
Covered service for This visit:
Srrvldo cu6lexa Para erm rfra
o North Colorado Medical Center
180110 Street, Greeley, CO 88631
(970)810.4121
Patient's Date of Binh:
•All other services will require prior authorisation.
Tabu eons rerdrlar se renderer arroratreldr proem
NOTE.: This voucher expires 60 days after date of Imre.
Issue date: Authorized Signature:
Service Provides; olerse hill Weld County as an insurance fir the above Ilsted service only:
Weld County Department of Public Health
Attn: Contract Billing
1555 North 17th Avenue, Greeley, CO 8th,
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SI usrnl dr.ee ,7lltnrwl pnyrrnlao ftrnr gna•rnn.rL,r 1, rkn, par;nl'ni!„rl• (970j 3046J10
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Revted 11/2016
Contract Form
Entity Information
Entity Name* Entity ID"
BANNER IMAGING SERVICES @00043542
COLORADO LLC
Q New Entity?
Contract Name" Contract ID
TUBERCULOSIS CONTROL PROGRAM DIAGNOSTIC 8968
SERVICES AGREEMENTS LOVELAND
Contract Status
CTB REVIEW
Contract Lead*
NSTRIGHT
Contract Lead Email
nstright@weld.gov
Contract Description *
DIAGNOSTIC SERVICES AGREEMENT FOR TUBERCULOSIS CONTROL PROGRAM
Contract Description 2
Contract Type* Department
AGREEMENT HEALTH
Amount* Department Email
$0.00 CM-Health@weld.gov
Renewable* Department Head Email
NO CM-Health-
DeptHead@weld.gov
Automatic Renewal
Grant
IGA
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Parent Contract ID
Requires Board Approval
NO
Department Project #
Requested BOCC Agenda Due Date
Date* 01 /02/2025
01/06/2025
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Contact Info
Review Date *
11/01/2025
Committed Delivery Date
Renewal Date
Expiration Date*
12/31/2025
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
JASON CHESSHER
DH Approved Date
12/18/2024
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
01/06/2025
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
12/18/2024 12/18/2024
Tyler Ref*
AG 010625
Originator
NSTRIGHT
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