HomeMy WebLinkAbout20211569.tiffRESOLUTION
RE: APPROVE AMENDMENT #5 TO DIAGNOSTIC SERVICES AGREEMENT FOR
WOMEN'S WELLNESS CONNECTION 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 Amendment #5 to the Diagnostic Services
Agreement for the Women's Wellness Connection Program 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 Department of Public Health and Environment, and Banner Imaging Services
Colorado, LLC, commencing January 1, 2021, and ending July 20, 2024, 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 Amendment #5 to the Diagnostic Services Agreement for the Women's
Wellness Connection Program 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 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 amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of June, A.D., 2021, nunc pro tunc January 1, 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: r
�.0tAiv jek,:,, Steve ; oreno, Chair
Weld County Clerk to the Board
BY: 0-0(Ed
V IN : l,viZ.�C.
Deputy Clerk to the Board
APP 'e••DAS
ounty Attorney
Date of signature: (lI Z3[ ZI
on Same
Cc:HLCT6)
07/06/21
2021-1569
HL0053
a)ntrexc+ =O 4t-18'53
Memorandum
TO:
FROM:
DATE:
SUBJECT:
Steve Moreno, Chair
Board of County Commissioners
Mark Lawley, Executive Director
Department of Public Health & Environment
June 9, 2021
Banner Imaging Services Colorado Renewal
Contract for Diagnostic Imaging/Radiology
for Womens Wellness Connection Imaging
Services
For the Board's approval is the Fifth Amendment to Diagnostic Services Agreement between
Banner Imaging Services Colorado, LLC, a Colorado limited liability company, d/b/a North
Colorado Medical Center ("Banner") and the County of Weld, by and through the Board of
Commissioners of Weld County, on behalf of the Weld County Department of Public Health and
Environment ("WCDPHE").
The Health Department is requesting approval to renew our imaging contract with Banner to
provide the technical component of diagnostic imaging/radiology services (the taking of x-rays)
to designated eligible patients referred to Banner by the Health Department. In addition, Banner
will now also be performing the professional component (the reading of the x-rays/images).
Specific services will include mammograms and ultrasounds for patients in the Women's
Wellness Connection program. This contract has a three-year renewal period, with an effective
date of January 1, 2021, which backdates this contract to include the new professional
components added at the beginning of this year and continuing through July 20, 2024.
Weld County Assistant County Attorney, Karin McDougal, has reviewed this contract and has
determined that the terms are acceptable.
The Board approved placement of this contract amendment on the Board's agenda via pass -around
dated June 7, 2021.
I recommend approval of this renewal contract for Diagnostic Imaging/Radiology for Womens
Wellness Connection imaging services with Banner Imaging Services Colorado, LLC.
2021-1569
H L0O53
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
TITLE: Banner Imaging Services Colorado Renewal Contract for Diagnostic Imaging/Radiology
DEPARTMENT: PUBLIC HEALTH & ENVIRONMENT DATE: June 7, 2021
PERSON REQUESTING: Mark Lawley, Executive Director
Brief description of the problem/issue:
Enclosed for the Board's review and approval is the Fifth Amendment to Diagnostic Services
Agreement between Banner Imaging Services Colorado, LLC, a Colorado limited liability company,
d/b/a North Colorado Medical Center ("Banner") and the County of Weld, by and through the Board of
Commissioners of Weld County, on behalf of the Weld County Department of Public Health and
Environment ("WCDPHE").
The Health Department is requesting approval to renew our imaging contract with Banner to provide
the technical component of diagnostic imaging/radiology services (the taking of x-rays) to designated
eligible patients referred to Banner by the Health Department. In addition, Banner will now also be
performing the professional component (the reading of the x-rays/images). Specific services will
include mammograms and ultrasounds for patients in the Women's Wellness Connection program.
This contract has a three-year renewal period, with an effective date of January 1, 2021, which
backdates this contract to include the new professional components added at the beginning of this
year, and continuing through July 20, 2024.
Weld County Assistant County Attorney, Karin McDougal, has reviewed this contract and has
determined that the terms are acceptable.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
Approving this contract will allow WCDPHE to request and pay for the technical and professional
components of diagnostic imaging/radiology through Banner (NCMC), a local provider, at current year
Medicare rates.
Declining this contract will increase the costs to Weld County for these imaging services to "fee for
service" rates which would be cost prohibitive and add to the net county cost of providing these
services to eligible patients.
Recommendation: I recommend approval of this Diagnostic Services Agreement with Banner.
Approve
Recommendation
Perry L. Buck
Mike Freeman
Scott K. James, Pro-Tem
Steve Moreno, Chair
Lori Saine
Schedule
Work Session Other/Comments:
tio-d
DocuSign Envelope ID: 060E078E-4C91-4560-BBF1-90870C757CAB
FIFTH AMENDMENT TO DIAGNOSTIC SERVICES AGREEMENT
(FOR WOMEN'S WELLNESS CONNECTION PROGRAM)
(0314-03-43839)
THIS FIFTH AMENDMENT TO DIAGNOSTIC SERVICES AGREEMENT (FOR
WOMEN'S WELLNESS CONNECTION PROGRAM) (this "Amendment") is made and
entered into as of the signature dates set forth below, to be effective as ofJanuaryl, 2021, by
and between BANNER IMAGING SERVICES COLORADO, LLC, a Colorado limited
liability company ("BIS"), and 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").
WITNESSETH:
WHEREAS, WCDPHE and Banner Health, an Arizona nonprofit corporation d/b/a
North Colorado Medical Center ("Banner") are parties to that certain Services Agreement
dated July 21, 2014, as amended (together the "Agreement"), pursuant to which Banner will
provide the technical component of the diagnostic imaging/radiology services (the "Services")
as more particularly described therein; and
WHEREAS, Banner wishes to assign all of its right, title and interest under the
Agreement to BIS; and
WHEREAS, BIS is a subsidiary of and solely owned by Banner; and
WHEREAS, in accordance with the terms and conditions hereof, the parties desire to
amend the Agreement to memorialize the assignment of the Agreement and clarify certain
provisions to state that BIS will provide both the professional and technical component of the
Services as set forth in the Agreement among other things.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises
contained herein, the receipt and sufficiency of which are hereby acknowledged, it is
understood and agreed upon by the parties hereto as follows:
1. Amendment of Agreement.
A. Paragraphs 3,4,5,6 and 7 of the Recitals are hereby deleted and replaced as follows:
WHEREAS, BIS operates certain outpatient clinics providing radiology services (the
Clinics"); and
WHEREAS, BIS provides the technical and professional component of diagnostic
imaging/radiology services (the "Services") at the Clinics; and
WHEREAS, WCDPHE desires to engage BIS to provide the technical and professional
components of the diagnostic imaging/radiology services for the Designated Patient(s) of the
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DocuSign Envelope ID: 060E078E-4C91-4560-BBF1-90870C757CAB
Program and BIS desires to be so engaged, in accordance with the terms and conditions set forth
herein.
B. Section 1.1 of the Agreement is hereby deleted in its entirety and replaced as follows:
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) as set forth on
("Schedule A"), at the Medicare Rates and CPT Codes for the Women's Wellness Connection,
attached hereto and incorporated herein by this reference. BIS shall supply all qualified
personnel, materials, and equipment necessary to provide the Services.
C. Section 1.2 of the Agreement is hereby deleted in its entirety and replaced as follows:
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.
D. Section 3 (Term and Termination) of the Agreement is hereby amended to extend the term of
the Agreement for an additional three (3) year period as of the Effective Date and continuing
through July 20, 2024, subject to earlier termination as provided in Section 3 of the Agreement.
E. Section 4.1 of the Agreement is hereby deleted in its entirety and replaced as follows:
4.1 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 Schedule
A Medicare Rates and CPT Codes for the Women's Wellness Connection, in effect at the time
the Services are performed.
4.1.1 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.
F. Section 4.2 of the Agreement is hereby deleted in its entirety and replaced as follows:
4.2 Billing. 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.
DocuSign Envelope ID: 060E078E-4C91-4560-BBF1-90870C757CAB
G. Section 6 of the Agreement is hereby deleted in its entirety and replaced as follows:
6. 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.
H. Section 19 of the Agreement shall be updated so that notices will be provided to BIS and Banner
Health at the following address:
Banner Imaging Services Colorado, LLC
2901 N. Central Ave., Suite 160
Phoenix, AZ 85012
Attn: BIS CEO
With a copy to:
Banner Health
2901 N. Central Ave., Suite 160
Phoenix, AZ 85012
Attn: General Counsel
2. Assignment. BIS hereby accepts the forgoing assignment and assumes all obligations of the
Banner under the Agreement arising from and after the Effective Date. All of the terms
covenants and conditions set forth herein shall be binding upon Banner and its successors and
assigns and inure to the benefit of the BIS and its successors and assigns.
3. Acceptance of Assignment. Banner joins in this Amendment to consent to this assignment
form and after the Effective Date.
4. Agreement Effective. Except as otherwise expressly provided herein, all terms and conditions
of the Agreement shall remain unmodified and in full force and effect, including previously
executed amendments to the original agreement.
5. Precedence of Amendment. In the event of a conflict between the terms and conditions of this
Amendment and the terms and conditions of the Agreement, the terms and conditions of this
Amendment shall govern and control.
6. Capitalized Terms. All capitalized terms used in this Amendment and not otherwise defined
herein shall have the meaning ascribed to such terms in the Agreement.
7. Incorporation. This Amendment shall be attached to, and made a part of, the Agreement.
8. Counterparts. This Amendment may be executed in one or more copies or counterparts, each of
which when signed shall be an original, but all of which together shall constitute one
instrument.
[Signature Page to Follow.]
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DocuSign Envelope ID: 060E078E-4C91-4560-BBF1-90870C757CAB
IN WITNESS WHEREOF, the parties hereto have executed this Amendment,
individually or by signature of their duly authorized representative, as of the signature dates set
forth below, to be effective as of the Effective Date.
Banner Imaging Services Colorado, LLC
A Colorado Limited Liability Company
JO A
By:
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
By:
Joan Thiel Name: Steve Moreno
Vice President, Ambulatory Services Title: Chair
June 30, 2021 ( 5:52 PM MST
Signature Date: Signature Date: 06/16/2021
d
Clerk P. the : oard
DocuSign Envelope ID: 060E078E-4C91-4560-BBF1-90870C757CAB
ASSIGNMENT ACCEPTED AND AGREED TO:
Banner Health
By: lovAa dkdro
Name: Ronald J. Andro
Title: Chief Executive Officer for
North Colorado Medical Center
July 1, 2021 110:26 AM MST
Signature Date:
5
Contract Form
New Contract Request
Entity Information
Entity Name* Entity ID*
BANNER IMAGING SERVICES X00043542
COLORADO LLC
Contract Name
BANNER IMAGING/ NCMC DIAGNOSTIC SERVICES
AGREEMENT AMD #5 FOR WOMENS WELLNESS CONNECTION
PROGRAM
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
4853
Contract Lead*
TGEISER
Contract Lead Email
tgeisertco.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project
Contract Description*
BANNER IMAGING SERVICES COLORADO DBA NCMC DIAGNOSTIC SERVICES AGREEMENT AMD #5 FOR WOMENS WELLNESS
CONNECTION PROGRAM
0314-03-43839A5
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$0.00
Renewable*
NO
Automatic Renewal
NO
Grant
NO
IGA
NO
Department
HEALTH
Department Email
CM-HeaithPweldgov.com
Department Head Email
CM-Health-
DeptHead#Weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WELDG
EY@ WELDG
OV.COM
If this is a renewal enter previous Contract ID
1946
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda
Date*
06/14=2021
Due Date
06:10:2021
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
NO
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.
01101.'2021
Review Date*
031° 1512024
Termination. Notice Period Committed Delivery Date
Contact Name
Contact Type Contact Email Contact Phone 1 Contact Phone. 2
Purchasing Approver Purchasing Approved Date
approval process
Department Head
TANYA GEISER
DH Approved Date
06, 10 +2021
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
05`1612021
Originator
TGEISER.
Finance Approver
CHRIS D'OVIDIO
Renewal Date
07'24:'2024
Expiration Date*
07,123;2024
Legal Counsel
BOB CHOATE.
Finance Approved Date Legal Counsel Approved Date
06;10/2021 06(14,2021
Tyler Ref
AG 061621
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