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HomeMy WebLinkAbout20232584.tiffRESOLUTION RE: APPROVE AMENDMENT #1 TO PROFESSIONAL SERVICE AGREEMENT FOR INMATE MEDICAL SERVICES (EMERGENCY BID #B2300144), AND AUTHORIZE CHAIR TO SIGN - WELLPATH, 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 Amendment #1 to Professional Service Agreement for Inmate Medical Services (Emergency Bid #B2300144) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Sheriffs Office, and Wellpath, LLC, commencing September 15, 2023, and ending December 31, 2026, with further terms and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment #1 to Professional Service Agreement for Inmate Medical Services (Emergency Bid #B2300144) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Sheriff's Office, and Wellpath, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of September, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dat/tm) Weld County Clerk to the Board BY: AP County orney Date of signature: o9 /12/3 Mikeeman, Chair Perr L. Buc�l,JPro-Tem S tt K. James Lori Saine Cc: P.R., SO(≤s/MK) oq 120/23 2023-2584 SO0044 Con+vad-rW7351 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Amended Medical Contract DEPARTMENT: Sheriff's Office PERSON REQUESTING: Lieutenant Michael Knee DATE: 08/24/2023 Brief description of the problem/issue: This amendment clarifies language in the agreement that was not included in the original contract or needed clarification. Wellpath Medical Services had minor issues with some of the verbiage in the original contract that had been signed. A few areas of concern were discussed by both side (Sheriff's Office and Wellpath) and both parties address those concerns and agreed upon the language in the amendments to the contract. Weld County Attorneys were present for the discussion and took an active role in making the agreed upon changes. Please note the contract amendment has been reviewed by Karin McDougal. The changes that were made to the original contract are as follows: Section 2.1 The vendor is responsible for medical equipment purchases of $500.00 or less. This amount does not include office and or paper supplies. The County will bear the cost of any medical equipment that costs more than $500.00. It should be noted that the County already pays and budgets for medical equipment. Section 2.2 The County will be responsible for any office furniture that exceeds $500.00. The County is not responsible for any specific office furniture that must be specifically ordered for a Wellpath employee based on a medical need or accommodation. Section 14.1 The County will be responsible for any repairs/replacement costs of the Contractors Damaged or Totaled Property. Replacement or repaired costs will only be incurred by the County if it is determined that the County, officers, agents, employees, or the inmates/detainees were found to be negligent which caused the property to be damaged and or totaled. Termination; Breach; Cure. This part of the contract was changed to 120 days for termination of contract. This gives the ability to properly conduct the bid/RFP process in a timely manner. The original contract stated 90 days. This section goes on to explain that any medications or supplies that were purchased by the County will remain County property. The Contractor will also be allowed to remove all proprietary Policies and Procedures, Manuals, Training Material, and Forms. The Contractor will also be allowed to remove al property owned by the contractor from the facility. Section 6 The Contractor will invoice the County by the first day of the month with payment being made within 30 days after the invoice date at 1/12th the annual price. The change in this section states "the only exception to the aforementioned invoicing and payment regimen will be the first scheduled invoice and payment of the parties; here, Contractor shall invoice County on start date of services) e.g., projected to be September 15th, 2023) and the County shall promptly pay Contractor within seven (7) calendar days thereafter. The monthly invoice will include the itemized cost of HIV/AIDS related drugs, outside medical costs, and all MAT services costs." This section was also modified to explain the CPI increases and how they are calculated. 2023-2584 ctAto SO004(1 Section 19.1 Was added to clarify Federal Privacy Laws. It explains the Company, County, and their employees, agents and subcontractors shall fully comply with and shall implement all necessary policies and/or procedures in order to comply with federal privacy laws including but not limited to HIPPA, the Patient safety and Quality Improvement Agreement. 33. Security of the Jail Facility and Wellpath. This amendment was added to identify the need for the Sheriff's Office shall proved sufficient security to enable Wellpath, its Health Care Staff, employees, agents and/or subcontractors to safely provide health care services as described in this Agreement. It further states that Wellpath, its HealthCare Staff, employees, agents and/or subcontractors shall follow all security procedures of the Sheriff while in the Jail or other premises un the Sheriff's direction or control. Wellpath can also refuse any services under this agreement is such a person that the current safety services are insufficient. All immediate issues are to be resolved with a discussion and decision between the Jail Captain and the HSA. 34. Injuries Prior to Incarceration, Fit for Confinement, and Escaped Inmates/Detainees. This section was added to clarify that Wellpath will not be responsible for off -site medical care for injuries incurred by an arrested person prior to incarceration at the jail or during an escape or attempted escape, including, but not limited to, medical services provided to any arrested person prior to the person's booking and confinement in the Jail. The remaining provisions of the agreement not amended by the Amendment shall remain in full force and effect. What options exist for the Board? The board may either approve or deny this amendment. An approval is a commitment to ensure all parties are confident that proper services will be conducted for the length of this contract. A denial would start the process of finding a new contractor to provide medical services within the Jail. Our current contract is due to end on September 15th, 2023. Consequences: A denial would start the process of finding a new contractor to provide medical services within the Jail. Our current contract is due to end on September 15th, 2023. Impacts: There are no impacts. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The overall cost to the original contract has not changed. Recommendation: It is recommended that the Board sign the amended contract so we can meet the transition date of September 15th, 2023. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro -Tern Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine g;3 DocuSign Envelope ID: 79E58A5E-E353-4D44-9E00-14EB4E562961 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR INMATE MEDICAL SERVICES BETWEEN WELD COUNTY AND WELLPATH LLC (Effective Date: September 15, 2023) This First Amendment is made this 15th day of August, 2023 (this "Amendment"), to the Professional Services Agreement for Inmate Medical Services, effective September 15, 2023 (the "Agreement"), is by and between Wellpath LLC ("Wellpath"), and Weld County Sheriff's Office (the "County") (each, a "Party," and collectively, the "Parties"). RECITALS WHEREAS, on August 2, 2023, the Board of County Commissioners Weld County, Colorado ("Board") met at 9:00AM; WHEREAS, present at the roll call were Commissioner's Mike Freeman (Chair), Perry L. Buck (Pro-Tem), Scott K. James, Kevin D. Ross, and Lori Saine; WHEREAS, the Board's agenda reflected the following miscellaneous agenda item — "Professional Services Agreement for Inmate Medical Services (Emergency Bid #B2300144) — Wellpath, LLC"; WHEREAS, the Board approved the form of agreement presented pertaining to Emergency Bid #B2300144 (e.g., the "Agreement"); WHEREAS, following the Board's approval, the Parties continued to negotiate on certain open items that warranted further clarification within the Agreement; WHEREAS, the Parties that drafted this First Amendment which captures the details of those subsequent negotiations. NOW THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. RECITALS. The Parties hereto incorporate the foregoing recitals as a material portion of this Amendment. 2. EFFECTIVE DATE. This Amendment shall become effective on the 15th day of September, 2023 (the "Effective Date"). 3. Section 1 ("Introduction") shall be amended by adding the following exhibit to Exhibits A and B: Exhibit C: Attached hereto and incorporated herein consists of pricing, cost, and CAP information inter alia. aba3, 02,O DocuSign Envelope ID: 79E58A5E-E353-4D44-9E00-14EB4E562961 4. The Agreement shall be further amended by adding the following two new sections: 2.1 MEDICAL EQUIPMENT OF $500 OR LESS. Contractor shall provide and bear the cost of medical equipment (i.e., thermometers, scales, etc.) required to administer the terms of the Agreement, which have a unit cost of $500 or less, but does not include office and paper supplies. County shall bear the cost of medical equipment which has a unit cost of more than $500. 2.2 OFFICE FURNITURE OF $500 OR LESS. Contractor shall be responsible for the provision and cost of any office equipment for the administrative operation of the medical unit which has a cost of less than $500 per unit. County is required to bear the cost of office equipment with a per unit cost of more than $500. Notwithstanding this requirement, Contractor will still be responsible for the cost of any furniture that must be specifically ordered for a Wellpath employee based on a medical need or accommodation. 5. The Agreement shall be further amended by adding the following new section: 14.1: County's Obligation to Repair/Replace Contractor's Damaged or Totaled Property. Upon written demand, the County shall be responsible for the costs associated with the immediate repair/replacement of any Contractor property or supplies damaged by the negligent or intentional acts of County, its officers, agents, employees, or the inmates/detainees which are required for the proper and timely administration and delivery of services under the Agreement. Consequently, should such an act occur, County shall immediately coordinate the timely repair/new purchase of the item in question to the reasonable satisfaction of Contractor. Timeliness under this provision shall be determined by the totality of the circumstances considering the item's integral nature to the delivery of care. 6. Section 4 shall be redrafted, in toto, to state: 4. Termination; Breach; Cure. Either Party may terminate this Agreement for its own convenience upon one hundred and twenty (120) days written notice to the other Party. Either Party may terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such written notice to cure such breach. If either party fails to fulfill its obligations under this Agreement in a timely and proper manner, or if either party violates any material covenant, agreement, or stipulation of the Agreement, or fails to cure such breach within fifteen (15) days of "notice to cure", the party shall thereupon have the right to terminate the Agreement by giving written notice to the other party of termination which will occur no less than 30 calendar days after the date of "notice to terminate". The notice shall specify the effective date of the termination, and the reasons therefore, unless the party to whom notice is given cures the breach to the satisfaction of the party giving notice prior to the effective date of termination. Notwithstanding the above, the Provider shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of Agreement by the Provider. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents DocuSign Envelope ID: 79E58A5E-E353-4D44-9E00-14EB4E562961 which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. Additionally, Contractor shall be allowed to remove from the Jail any stock medications or supplies purchased by Contractor that have not been used at the time of termination. For the sake of further clarity, if Contractor invoiced County for an item but County has not paid for said item, the item shall remain Contractor property. Alternatively, if County has paid for an invoiced item, said item shall be classified as County property. Contractor shall also be allowed to remove Contractor's property from the Jail including its proprietary Policies and Procedures, Manuals, Training Material, and Forms. Nothing herein shall be construed to require Contractor to provide copies of policies, procedures, manuals, training materials and/or forms to County or any successor provider, it being understood that such materials are proprietary to Contractor. 7. Section 6 shall be redrafted, in toto, to state: 6. Compensation and Monthly Invoicing/Payment. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor $7,613,468.00 ("Total Annual Price"), and any amount in excess of CAPS outlined in attached Exhibits. Monthly Invoices: Contractor will invoice by the first day of the month services are to be performed with Payment to be made within thirty (30) days after the invoice date. Contractor will submit a monthly invoice to County for 1/12th of the total annual price. The only exception to the aforementioned invoicing and payment regimen will be the first scheduled invoice and payment of the Parties; here, Contractor shall invoice County on start date of services (e.g., projected to be September 15, 2023) and the County shall promptly pay Contractor within seven (7) calendar days thereafter. The monthly invoice will include the itemized cost of HIV/AIDS related drugs, outside medical costs, and all MAT services costs. Following every consecutive twelve-month period (within the initial term or any extension thereof), the Parties shall negotiate an increase in the Total Annual Price in accordance with CPI of said Total Annual Price as defined in the paragraph below. The CPI increase shall be limited in range from no less than four -point five percent (4.5%) to no greater than five percent (5%). DocuSign Envelope ID: 79E58A5E-E353-4D44-9E00-14EB4E562961 A CPI increase shall be calculated by multiplying the annual amount of the previous year by a fraction, the numerator of which is the Price Index for a defined month prior to the renewal date, and the denominator of which is the Price Index for the same month for the year immediately preceding the Agreement renewal date. However, the annual amount due for any year will not be less than the annual amount for the prior year. The "Price Index" is defined as the Consumer Price Index — All Urban Consumers, U.S. County Average, Medical Care Services (1982-84-100), published by the Bureau of Labor Statistics of the U.S. Department of Labor. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service(s) for which payment was made did not substantially occur, as set forth in this Agreement, then upon written notice of such reasonable determination and request for reimbursement from County, Contractor shall forthwith return the fair market value of that portion of the payment(s) to County which directly relate to the substantial non-performance, subject to the substantive and procedural due process cure rights within Section 4. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g., mileage). Unless expressly permitted by this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). The foregoing shall in no way diminish the County's obligation and duty to pay Contractor for all services rendered up through the date of termination regardless of the County's failure to appropriate funds for previously contracted and agreed upon services; Contractor's desire is only to be paid in quantum meruit. 8. The Agreement shall be further amended by adding the following new section: 19.1 Federal Privacy Laws. Company, the County, Jail, and their employees, agents and subcontractors shall fully comply with, and shall implement all necessary policies and/or procedures in order to comply with, the requirements of federal privacy laws (including, but not limited to HIPAA, the Patient Safety and Quality Improvement Act, 42 CFR Part 2, etc., hereinafter "FPL") as they apply to the services provided under this Agreement. Negligent or willful violations of the FPL shall be indemnified pursuant to the indemnification provision, supra. 9. The Agreement shall be further amended by adding the following new section: 33. SECURITY OF THE JAIL FACILITY AND WELLPATH. Wellpath and the County understand that adequate security services are necessary for the safety of the agents, employees, and subcontractors of Wellpath, as well as for the security of the Jail Population and Sheriffs staff, DocuSign Envelope ID 79E56A5E-E353-4D44-9E00-14EB4E562961 consistent with a correctional setting The Sheriff shall provide security sufficient to enable Wellpath, its Health Care Staff, employees, agents and/or subcontractors to safely provide the health care services described in this Agreement Wellpath, its Health Care Staff, employees, agents and/or subcontractors shall follow all security procedures of the Sheriff while at the Jail or other premises under the Sheriffs direction or control However, any Wellpath Health Care Staff, employee, agent and/or subcontractor may, at any time, refuse to provide any service required under this Agreement if such person reasonably believes that the current safety services are insufficient Wellpath shall not be liable for any loss or damages resulting from Wellpath's Health Care Staff, employees, agents and/or subcontractors' failure to provide medical services due to insufficient security services Immediate issues are to be resolved with a discussion and decision between the Jail Captain and the HSA Non -Immediate security issues are to be addressed through the cure process outlined in Section 4 of this agreement 10 The Agreement shall be further amended by adding the following new section 34 INJURIES PRIOR TO INCARCERATION, FIT FOR CONFINEMENT, AND ESCAPED INMATES/DETAINEES Wellpath shall not be responsible for the cost of providing off -site medical care for injuries incurred by an arrested person pnor to incarceration at the Jail or during an escape or escape attempt, including, but not limited to, medical services provided to any arrested person prior to the person's booking and confinement in the Jail In addition, Wellpath shall not be responsible for the cost of any medical treatment or health care services necessary to medically stabilize any arrested person presented at intake by an arresting agency with a life - threatening injury or illness or in immediate need of emergency medical care Wellpath shall provide such care as is medically necessary until the arrested person can be transported to a medical care facility by the arresting agency or their designee The arresting authority or the County shall bear the cost of, and be responsible for, all reasonable and necessary medical services or health care services of the individual until such time as the arresting authority can present a medically stable individual that is Fit for Confinement All bills related to medical services provided to an individual who is not Fit for Confinement shall be the County's or arresting agency's responsibility for payment Wellpath shall not charge an additional fee simply to examine an individual to determine if he/she is suitably Fit for Confinement 11 The Agreement shall be further amended to note the Parties' selection of a ninety (90) day notice of termination under Section 32's "MATERIAL CHANGES IN SCOPE OR CIRCUMSTANCES, OR EMERGENCY CIRCUMSTANCES" section 12 REMAINING PROVISIONS The remaining provisions of the Agreement not amended by this Amendment shall remain in full force and effect IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed in their names or their official acts by their respective representatives, each of whom is duly authorized to execute the same DocuSign Envelope ID: 79E58A5E-E353-4D44-9E00-14EB4E562961 AGREED TO AND ACCEPTED AS STATED ABOVE: WELLPATH LLC BOARD OF COUNTY COMMISSIONERS o«uslgned by WELD COUNTY, COLORADO By:[ii,StitA, SutYte- Name: TusiinVacle Title: President, Local Govt. Division Mike Freeman, Chair SEP 0 6 2023 ATTES : •‘1 lerk to the Boar By Deputy Cl;) to t e Bois t a2a043, , 9 DocuSign Envelope ID: 79E58A5E-E353-4O44-9E00-14EB4E562961 EXHIBIT C . Contract Period and Pricing (Pgs. 11-12) Pricing must clearly state an annual total price for the delivery of all medical, dental, and psychiatric services inclusive of all related service delivery costs necessary to comply with the requirements and specifications within this REP. Bidders will submit the annual, total price based upon an average inmate census of 650 in the first year at the Weld County North Jail Complex and Booking Substation. However, pricing shall also include specific, contingency pricing changes that will result from unforeseen material changes to the estimated 650 average inmate census. All invoices shall be submitted after services have been provided. Payment terms will be 30 days after the invoice date. Wellpath understands and will comply with this section of the RFP with the exception of the invoicing and payment terms which we would like to negotiate. Our invoicing and payment terms are presented in Section 10.1 Monthly Invoices below. • Initial Contract Period The initial contract period shall commence on or before September 15, 2023, and, subject to the satisfaction and concurrence of both parties, renew annually each year thereafter through December 31, 2026 (a 3 -year period). The first -year contract will be from commencement through December 31, 2024. The initial contract period may be extended annually with the concurrence of both parties thereafter for two additional one-year periods (up to 5 years total). Wellpath understands the contract will initially run for three years, starting on or before September 15, 2023, and ending on December 31, 2026, and may be extended annually for up to two additional years if both parties agree, resulting in a maximum contract duration of five years. o Cost Proposal The Wellpath Cost Proposal covers all required services necessary to provide the services described in RFP B2300144 and maintain a standard based on the community standard of care. All program services will meet or exceed the requirements and specifications detailed in the RFP and clarified by the answers to questions provided in Communication No. 1 and Addendum #1 — Received June 29, 2023, and included in Attachment A. • Population Adjustments All proposals must clearly indicate any increased costs associated with providing appropriate medical screening/services at the Booking Substation should this operation increase to 24 hours a day seven days a week. Only pricing for the 2024 budget year to provide specified health care services to an average of 650 inmates and appropriate medical screening/service coverage for the Booking Substation should be submitted in response to this RFP. Wellpath's cost proposal includes 10 -hour coverage at the SW Booking Substation, Option A. We have also provided Option B, If the county wishes to have 24/7 coverage. Wellpath is prepared to provide this coverage for the additional cost as detailed below. Option A: SW Booking Substation 10 hour/7 days a week coverage Registered Nurse 1.75 FTE DocuSign Envelope ID: 79E58A5E-E353-4D44-9E00-14EB4E562961 • Annual Total $307,997 Option B: SW Booking Substation 24 hour/7 days a week coverage Registered Nurse 2.1 FTE EMT Annual Total 2.1 FTE 648,667 Per Diem Adjustments Wellpath's proposal is based on an ADP of 650 (Adult Jail) detainees. In the event the Average Daily Population (ADP) increases for three (3) consecutive months to the extent that a staffing level adjustment is appropriate to maintain the required high level of care, Wellpath reserves the right to negotiate a contract price increase to maintain the same high quality of care for the increased population. In any month where the daily census is greater than 700, Wellpath will invoice Weld County a $3.00 per inmate per diem for variable cost recovery. In a month where the daily census is lower than 600, Wellpath will credit Weld County a $3.00 per inmate per diem. • Pricing for Subsequent Years Pricing for future budget years will be limited to changes in the average daily jail census projections and the Mountain Census Division index rate 12 -month change at the end of September of each current budget year. The Mountain Census Division index increase shall not exceed 5%. For subsequent annual renewals beyond the initial one-year contract period, Wellpath requests annual price increases based on the 12 -month percent change for the Consumer Price Index (CPI) for medical care services in Mountain Census Division, all urban consumers, not seasonally adjusted, as published by the U.S. Bureau of Labor Statistics for the month of September, a maximum of 5% but no less than 4.5%. • Off -Site Costs "Outside medical cost" is defined as the net cost actually paid by the vendor less any discounts or other considerations negotiated independently between an outside medical service provider and the vendor. The jail medical provider is responsible to ensure the cost of outside medical services is paid in accordance to Colorado Revised Statutes 517-26-104.5(1.3). All proposals shall reflect outside medical cost at a maximum of $125,000 and a maximum of $150,000 for HIV/AIDS, cancer, and HEP C related drugs. Any unused funds will be reimbursed to the county at the end of each contract year. Pharmaceutical costs will include all OTC (over-the-counter) and controlled drugs including psychotropic and MAT services medications. Wellpath will be responsible for costs associated with off -site medical and on -site specialty services, limited to $125,000 per contract year. This limitation shall be applied to any off -site medical services, including but not limited to hospital and specialist costs, specialty consultations, dialysis, one -day surgeries, etc. Any expenses incurred for medical and other healthcare services provided off -site over the cap amount will be the responsibility of the County. Should the costs associated with off -site medical services not reach $125,000, Wellpath will reimburse the County 100% of the difference between the actual cost and the cap annually. DocuSign Envelope ID: 79E58A5E-E353-4O44-9E00-14EB4E562961 • Pharmacy Cap All proposals shall reflect outside medical cost at maximum of $150,000 for HIV/AIDS, cancer, and NEP C related drugs. Any unused funds will be reimbursed to the county at the end of each contract year. Pharmaceutical costs will include all OTC (over-the-counter) and controlled drugs including psychotropic and MAT services medications. Wellpath will be responsible for payment of all medications excluding the following high -cost drugs which are included in the $150,000 cap on pharmacy services. High -Cost Medications included in the Cap: • HIV • Hep C • Cancer • Biological • Long Acting Injectable MAT Any unused amount under the CAP will be returned to the County at the end of the fiscal year. • CorEMR Cost Pricing must clearly indicate all costs associated with the maintenance of CorEMR, any licensing, upgrades, storage or other costs associated with this operating system. All costs associated with the maintenance of CorEMR, to include any licensing, storage, or other costs associated with this operating system, are included in our contract price as required by the RFP. Information Technology Infrastructure Wellpath will supply on -site office equipment such as computers, copiers, fax machines, calculators, and any other computer -related hardware needed by medical staff. Our cost proposal assumes that Weld County will continue to allow the use of your existing infrastructure. If Weld County prefers, Wellpath can provide our infrastructure but will require further discussion to determine the terms and conditions and associated costs. • MAT Services Pricing must clearly indicate all costs associated with MAT Services per Colorado Law HB 22-1326. Wellpath's MAT pricing includes: • SWB • WC/EBL Insurance • Oral Medications • Labs • Drug Screens • Office Supplies We have provided three tiers to reflect the number of patients treated to help project potential costs due to growth. This pricing is reflective of treating a maximum of 75 patients. Additionally, Wellpath's DocuSign Envelope ID: 79E58A5E-E353-4O44-9E00-14EB4E562961 pricing assumes any methadone cost incurred will be passed through to the county which includes both daily medication fees as well as patient assessment fees charged by the methadone clinic. Weld County MAT Program Tier 1 Tier 2 Teir 3 Number of Patients 0-25 0-50 0-75 Number of FTE 1.35 1.6 2.2 Annual Total $271,961 $334,555 $444,600 • Monthly Invoices All invoices shall be submitted after services have been provided. Payment terms will be 30 days after the invoice date. The vendor will submit a monthly invoice to Weld County for 1/12th of the total annual price. The monthly invoice will include the itemized cost of HIV/AIDS related drugs, outside medical costs and all MAT services costs. Wellpath would like to discuss the timing of the invoicing and payment terms. We are proposing to invoice by the first day of the month services are performed with payment received net 30 days from the date of invoice receipt. DocuSign Envelope ID: 79E58A5E-E353-4D44-9E00-14EB4E562961 • Proposed Services and Cost Pricing reflects the annual price for the delivery of all medical, dental, and psychiatric services inclusive of all related service delivery costs necessary to comply with the requirements and specifications within this RFP. Staffing and Services Overview for Weld County Professional Staffing (Hours • er Week FTE Total Full -Time Equivalent Employees (FTEs) -- all facilities and MAT services Wellpath Healthcare Cloud Components CorEMR Electronic Medical Record + 24/7 IT Support Wellpath Partner Portal Included Professional On -site Services On -Call 24/7 Emergency Transportation Wellpath Healthcare Cloud Services Policies and Procedures Laboratory Services X-ray Services Disposable Medical Supplies Medical Waste Di sposal Basic Medical Training - Jail Staff Comprehensive Medical Malpractice Insurance Corporate Management and Oversight V Quality Control Management Professional Off -site Management Care Management (Utilization) Off -site Health Services Pharmacy Management Pharmaceuticals High -cost Pharmaceuticals CAP CAP 1: Off -site Health Services Care CAP 2: Pharmacy - High -Cost Medications Total Cost Breakdown Weld County North Jail Complex SW Substation with 10 -hour coverage* MAT Program Up to 75 patients ** Total Year One Contract Cost 34.25 Included Included Cap 1 Included Cap 2 Annual $125,000 $150,000 $6,860,871 $307,997 $444,600 $7,613,468 *SW Substation pricing, as shown, is for 10 hour/day coverage. Refer to the above section for pricing with 24/7 coverage. **MAT pricing, as shown, assumes a patient population of 0-75. Refer to the above section for pricing below 75 patients. DocuSign Envelope ID: 79E58A5E-E353-4O44-9E00-14EB4E562961 • Performance Bond Weld County has waived the Performance Bond requirement. • Transition and Start -Up Costs Wellpath agrees to the contract start date of September 15, 2023. Wellpath will invoice on September 15th for services performed in the month payable to Wellpath net 7 days of receipt of invoice. Changes in Scope of Work Should there be any change in or modification of the local, national, or community standards of care or scope of services, court rulings or interpretation, state or federal law or statute, or interpretation thereof that results in a material increase in costs to Wellpath, coverage of costs related to such changes are not included in this proposal and may need to be negotiated with the County. ntract F Entity Information Entity Name * WELLPATH LLC Entity ID* @00047461 O New Entity? Contract Name* Contract ID WELLPATH INMATE MEDICAL SERVICES CONTRACT 7351 2023 - Contract Status CTB REVIEW Contract Lead MKNEE Contract Lead Email mknee@weldgov.com; skohlgraf@weldgov.com Parent Contract ID 20232252 Requires Board Approval YES Department Project # Contract Description 1ST AMENDMENT TO CONTRACT 2023-2252. CONTRACT STARTED SEPT2023 AN EXPIRES DEC2026 WITH ABILITY TO EXTEND FOR 2 MORE YEARS. THIS AMENDMENT REVISES SEVERAL CONTRACT SECTIONS - SEE PA SUMMARY Contract Description 2 Contract Type" AMENDMENT Amount" $0.00 Renewable YES Automatic Renewal Grant IGA Department SHERIFF Department Email CM-Sheriff@weldgov.com Department Head Email CM-Sheriff- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL EY@WEL DGOV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Due Date Date* 09/02/2023 09/06/2023 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 Review Date 09/15/2026 Renewal Date" 12/31/2026 Committed Delivery Date Expiration Date Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel DONNIE PATCH CHERYL PATTELLI KARIN MCDOUGAL DH Approved Date Finance Approved Date Legal Counsel Approved Date 08/30/2023 08/30/2023 08/30/2023 Final Approval BOCC Approved Tyler Ref # AG 090623 BOCC Signed Date BOCC Agenda Date 09/06/2023 Originator SKOHLGRAF Cheryl Hoffman 10 7.L97 ef From: Sent: To: Subject: Thank you Sonja Kohlgraf Friday, September 15, 2023 7:18 AM Cheryl Hoffman RE: Fast Tracked Contract ID (7391) Sonja Kohlgraf, MBA Finance Manager Weld County Sheriff's Office Ph: 970-400-2872 Original Message From: Cheryl Hoffman <choffman@weld.gov> Sent: Friday, September 15, 2023 7:17 AM To: Sonja Kohlgraf <skohlgraf@weld.gov> Subject: FW: Fast Tracked Contract ID (7391) Perfect! This is the confirmation we received on your fast tracked contract - Wellpath Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weld.gov Original Message From: noreply@weldgov.com <noreply@weldgov.com> Sent: Thursday, September 14, 2023 4:46 PM To: CM-ClerktoBoard <CM-ClerktoBoard@co.weld.co.us>; Michael Knee <mknee@weld.gov>; Sonja Kohlgraf <skohlgraf@weld.gov>; CM-Sheriff-DeptHead <CM-Sheriff-DeptHead@co.weld.co.us> Subject: Fast Tracked Contract ID (7391) Contract # 7391 has been Fast Tracked to CM -Contract Maintenance. You will be notified in the future based on the Contract information below: Entity Name: WELLPATH LLC Contract Name: 2023 WELLPATH INMATE MEDICAL SERVICES CONTRACT - TERM 3YRS AUG 2026 Contract Amount: $7,625,829.00 Contract ID: 7391 Contract Lead: MKNEE Department: SHERIFF Review Date: 5/1/2026 Renewable Contract: YES Renew Date: 7/31/2026 Expiration Date: Tyler Ref #: Thank -you of of - o2Jrtg4' p t) - 02,25 5o 6e Hello