The URL can be used to link to this page

Browse Search

Home My WebLink About20211757.tiffRESOLUTION RE: APPROVE TERMINATION AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CERNER HEALTH CONNECTIONS, INC. 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 Termination Agreement 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 Human Resources, and Cerner Health Connections, Inc., commencing June 11, 2021, 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 Termination Agreement 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 Human Resources, and Cerner Health Connections, 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 7th day of July, A.D., 2021, nunc pro tunc June 11, 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:Wegettio j ;‘,4, Weld County Clerk to the Board BY: Steve M reno, Chair James, P, =m Deputy Clerk to the Boar APPR•VED A ounty Attorney Date of signature: 07/I4 72 -I Lori Perry L. ck Cc: HR(PR), PvR. o8/t8/.2.l 2021-1757 PE0033 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Cerner Patient Fie Transfer to Everside DEPARTMENT: Human Resources PERSON REQUESTING: Patti Russell DATE: 1a'30 -Z1 Brief description of the problem/issue: Cerner was the clinic provider until 6/14/2021. Everside Health is our new provider. Under our Cerner contract the employee patient information would be transferred to Weld County upon termination of the contract. We don't want this information, we don't want it on any Weld server. In order to have this data transferred to Everside Health, Weld County will need to pay $5,750 for the data migration services. This would allow Cerner to transfer ALL employee medical information to Everside Health. The County Attorney's Office has approved this agreement. ALSO, Everside Health is buying equipment from Cerner. Cerner will not bill Everside, so the agreement, vetted by our attorneys and Accounting was to have Cerner bill us and Everside will deduct the cost out of one of our upcoming invoices. What options exist for the Board? (inckude consequences, impacts, costs, etc. of options): The options for the Board are to approve this agreement and pay $5,750 to Cerner for the Data migration of employee medical information to Everside Health, thereby protecting it and keeping it out of Weld County's ownership. Recommendation: Staff recommends approving the agreement for the payment and migration. Perry L. Buck Mike Freeman Scott K. James, Pro -Tern Steve Moreno, Chair Lori Saine Approve Recommendation -b- Schedule Work Session Other/Comments: UWE dif 2021-1757 7 i i / Ai PE -00 33 ov, 4 - �!, f ¢.99.:. ;:ii' ' 19 �*O 'll N ' ihs *i ;.:Vgii:* 73. L", 4 ,1th �J JP/f^ � Ya1 wz, •� tJ '• ii n. '493_'`A sy :( i p This Termination Agreement (the "Termination Agreement") to the Cerner Health Connections Medical Services Agreement dated June 13, 2016 (the "Agreement") is made on June 11, 2021 ("Termination Agreement Effective Date"), between Weld County, Colorado ("Employer") and Cerner Health Connections, Inc. ("Cerner") a political subdivision of the state of Colorado with its a Delaware corporation with its principal place of principal place of business at: 1150 "O" Street Greeley, CO 80631 Telephone: (970) 392-4589 business at: 2800 Rockcreek Parkway Kansas City, MO 64117, U.S.A. Telephone: (816) 221-1024 As of the Termination Agreement Effective Date, Client hereby agrees to the following: 1. General. This Termination Agreement amends the Agreement to reflect the fact that Employer and Cerner have agreed to discontinue services and terminate the Agreement. 2. Termination. The Agreement shall terminate on the Termination Agreement Effective Date. The parties agree that the Employer will be responsible for all outstanding accounts receivable as well as payments for services performed prior to June 11, 2021. All invoices for fees incurred through the period of June 11, 2021 shall be paid within thirty (30) days of receipt of invoiced. 3. Data Migration Fee. The parties agree that Employer shall pay to Cerner $5,750 payable upon the execution of this Termination Agreement for Data Migration services. 4. Records. Effective upon termination of the Agreement, Cerner will deliver the medical records in its possession to Employer or Employer's designated representative per Employer's instructions. Privacy rights and the confidentiality of medical records are of the utmost importance to Corner; therefore, Cerner will agree to provide the medical records to Employer, subject to the following: a) Employer assumes the obligation for the safekeeping and maintenance of medical records that were created or existed under the Agreement; and b) Employer shall be responsible for any and all costs related to compliance with applicable State and Federal laws and regulations with respect to storage and maintenance of medical records; and c) To the extent permitted by Colorado law, Employer shall indemnify and hold harmless Cerner for Employer's failure to comply with the requirements imposed by law regarding employee medical records, except to the extent that such failure to comply is due to the negligence of Cerner, including, but not limited to, the failure of any third party agent responsible for storage and maintenance of records to maintain confidentiality and store and maintain medical records in accordance with applicable Federal and State laws and regulations; any alleged breach of confidentiality which results from Employer's improper access to medical records; or Employer's unauthorized or illegal publication of information contained in the employee medical records. cy74.' ! !fry /41.1(E>5Ln _:[#S^DJt i≥±r£.��.y _.ce' - - - - _-- rew'i.:L7y'FR,h'iii`? 3. ..._c a�1y,�:(^.t*..^.7��r1 t Cerner Weld County, Colorado OPT -0285968 LA -0000048200 June 2, 2021 Cerner Confidential Information © Cerner Corporation. All rights reserved. This document contains confidential and/or proprietary information belonging to Cerner Corporation and/or its related affiliates which may not be reproduced or transmitted in any form or by any means without the express written consent of Cerner. Page 1 of 2 Cerner TERMINATION AGREEMENT 5. Equipment and Furniture. The parties agree to allow Employer to purchase the items set forth below for $1.600, payable upon the execution of this Termination Agreement. Location Description Additional Details Qty Total Cost of Items Supply room Hearing booth, UL No 230 1 800.00 Supply room Hearing booth display HT wizard ultra 93052 1 No charge Supply Room Oscar - calibration 103545 1 No charge Front clinic area Vision machine 5500P E243462 1 100.00 Lab area Draw chair x 1 1 25.00 Suite 1, 2 and 3 exam beds 1 100.00 Back hallway Scale - Health O Meter Manual scale 1 15.00 Refrigerator x 2 2 500.00 Mayo stands x 3 3 30.00 Wheelchair Everett Jennings 1 25.00 Exam room provider chair x 3 3 30.00 Step stools x 3 3 15.00 Back hallway Locker 1 20.00 6 Further Agreements. Each Party agrees: (a) that it will fully comply with the termination obligations imposed on it under this Termination Agreement, including but not limited to those set forth in the Agreement; and (b) that all warranty disclaimers (including but not limited to all disclaimers of express and implied warranties) and liability limitations remain • in effect and shall run in perpetuity for the benefit of Cerner. WELD COUNTY, COLORADO By: Title: (signature) Steve Moreno Chair, Board "k5r1161d County Commissioners i U 0 7 2021 ATTEST • d/ r - Weld oanty Clerk . he Board -ctZti JE BY Deputy C rk t o t card 1861 Teresa Waller TittE 2a Sr. Director, Contract Management Cerner Weld County. Colorado OPT -0285968 LA -0000048200 June 2, 2021 Cerner Confidential Information © Cerner Corporation. All rights reserved. This dpcument contains confidential and/or proprietary information belonging to Cerner Corporation and/or its related affiliates which may not be reproduced or transmittei in any form or by any means without the express written corsent of Cerner Page 2 of 2 o2oa/-/9s% TERMINATION AG EEMENT CERNER HEALTH CONNECTIONS, INC, (APP5�VED ASrTO S...STANCE: epartme`nt riead APPROVED AS TO FUNDING: Controller OVER A$ ene FORM: County Attorney Hello