HomeMy WebLinkAbout20152065.tiff RESOLUTION
RE: APPROVE FIRST AMENDMENT TO DIAGNOSTIC SERVICES AGREEMENT FOR
TUBERCULOSIS CONTROL PROGRAM AND AUTHORIZE CHAIR TO SIGN -
BANNER HEALTH, DBA NORTH COLORADO MEDICAL CENTER
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 First Amendment to 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
Weld County Department of Public Health and Environment, and Banner Health, dba North
Colorado Medical Center, commencing July 21, 2015, and continuing until July 22, 2016, 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 Weld County Department of Public Health and
Environment, and Banner Health, dba North Colorado Medical Center, 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 13th day of July, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
ATTEST: divcov ��,��,, /4�G��(-� c�2�� �--Jdo;� Barbara Kirkmey Chair
Weld C. my Clerk to the Board
Mike Freeman, Pro-Tern
Deputy CI-'rk to the�.o- 'ft
EXCUSED
Sean P. Coma
A"RO D A v��
-� ` �L/ulo Julie . Cozad
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Steve Moreno_/7.:_f_Date of signature:
2015-2065
CC=/#'L-(5r/TG) MP- HL0047
1861 Memorandum
r - N,
—LP r t TO: Barbara Kirkmeyer, Chair
COUNTY Board of County Commissioners
FROM: Mark E.Wallace, MD, MPH,
Executive Director
Department of Public Health & Environment
DATE: July 8, 2015
SUBJECT: Banner-North Colorado Medical Center
Imaging Contracts for Diagnostic
Imaging/Radiology
Enclosed for the Board's review and approval are two contracts between Banner Health (Banner)
and 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).
With the approval of the Board, the Weld County Department of Public Health & Environment
would like to continue two separate contracts entered into with Banner with an effective date of
July 21, 2014, to provide the technical component of diagnostic imaging/radiology services (the
taking of x-rays) to designated eligible patients referred to Banner/NCMC by the Health
Department. These include the Tuberculosis Control and Women's Wellness Connection
programs. Specific services will include mammograms, ultrasounds, and two-view chest x-rays.
WCDPHE will reimburse Banner for the technical services at the current Medicare rate in effect
at the time the services are performed. Each one-year continuation contract has a new effective
date of July 21, 2015, and upon mutual written agreement may be extended for additional one
year terms.
t recommend approval of these Banner-North Colorado Medical Center Imaging contracts for
diagnostic imaging/radiology services.
2015-20650
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW/WORK SESSION REQUEST
RE: Banner-North Colorado Medical Center Imaging Contracts for Diagnostic Imaging/Radiology
DEPARTMENT: PUBLIC HEALTH&ENVIRONMENT DATE: July 2, 2015
PERSON REQUESTING: Mark E. Wallace, MD, MPH, Executive Director
Brief description of the problem/issue:
Enclosed for the Board's review and approval are two contracts between Banner Health(Banner) and 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).
With the approval of the Board, the Weld County Department of Public Health & Environment would like to
continue two separate contracts entered into with Banner with an effective date of July 21, 2014, to provide the
technical component of diagnostic imaging/radiology services (the taking of x-rays) to designated eligible
patients referred to Banner/NCMC by the Health Department. These include the Tuberculosis Control and
Women's Wellness Connection programs. Specific services will include mammograms, ultrasounds, and two-
view chest x-rays. WCDPHE will reimburse Banner for the technical services at the current Medicare rate in
effect at the time the services are performed. Each one-year continuation contract has a new effective date of
July 21, 2015, and upon mutual written agreement may be extended for additional one year terms.
Weld County Assistant County Attorney, Frank Haug, has reviewed these contracts and has determined that the
terms are acceptable.
What options exist for the Board? (Include consequences,impacts, costs,etc. of options)
Declining these contracts will increase the costs for these 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.
Approving the contract will allow WCDPHE to pay for the technical component of diagnostic
imaging/radiology at current year Medicare rates.
Recommendation: I recommend approval of these two contracts with Banner Health.
Approve Schedule
Recommendation Work Session Other/Comments
Barbara Kirkmeyer, Chair
Mike Freeman, Pro-Tem
Sean P. Conway
Julie A. Cozad
Steve Moreno
FIRST AMENDMENT TO DIAGNOSTIC SERVICES AGREEMENT
(FOR TUBERCULOSIS CONTROL PROGRAM)
(BH #0314-03-43836 Al)
THIS FIRST AMENDMENT TO DIAGNOSTIC SERVICES AGREEMENT (FOR TUBERCULOSIS
CONTROL PROGRAM) ("Amendment") modifies that certain Agreement effective July 21, 2014 (the
"Agreement") between Banner Health, an Arizona nonprofit corporation ("Banner") and 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"). Hereafter, Banner and WCDPHE may be referred to individually as the "Party" or
collectively as the"Parties".
WHEREAS,
Banner and WCDPHE are parties to that certain Diagnostic Services Agreement to provide certain
community health services, further described in the Agreement; and
The Parties have agreed to extend the term of the Agreement; and
The Parties desire to evidence their agreement by execution of this Amendment.
NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained
and for other good and valuable consideration the Parties agree as set forth below:
1. Amendment of Agreement. The Parties agree to amend the Agreement as follows:
a. The Parties agree to extend the term of the Agreement through July 22, 2016.
b. The Parties agree to add the following language to the Agreement:
Public Contracts for Services C.R.S. 88-17.5-101. Contractor certifies, warrants,
and agrees that it does not knowingly employ or contract with an illegal alien who
will perform work under this contract. Contractor will confirm the employment
eligibility of all employees who are newly hired for employment in the United States
to perform work under this Agreement, through participation in the E-Verify
program of the State of Colorado program established pursuant to C.R.S. §8-17.5-
102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or enter into a contract with a subcontractor
that fails to certify with Contractor that the subcontractor shall not knowingly
employ or contract with an illegal alien to perform work under this Agreement.
Contractor shall not use E-Verify Program or State of Colorado program procedures
to undertake pre-employment screening or job applicants while this Agreement is
being performed. If Contractor obtains actual knowledge that a subcontractor
performing work under the public contract for services knowingly employs or
contracts with an illegal alien Contractor shall notify the subcontractor and County
within three (3) days that Contractor has actual knowledge that a subcontractor is
employing or contracting with an illegal alien and shall terminate the subcontract if
a subcontractor does not stop employing or contracting with the illegal alien within
three (3) days of receiving notice. Contractor shall not terminate the contract if
within three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien.
Contractor shall comply with reasonable requests made in the course of an
investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado
Department of Labor and Employment. If Contractor participates in the State of
Colorado program, Contractor shall, within twenty days after hiring a new
employee to perform work under the contract, affirm that Contractor has examined
the legal work status of such employee, retained file copies of the documents, and
not altered or falsified the identification documents for such employees. Contractor
shall deliver to County, a written notarized affirmation that it has examined the
legal work status of such employee, and shall comply with all of the other
By:MMJ May 2015 02 Ol� /�/ s i
0314-03-43836 Al L/lo s C/�
requirements of the State of Colorado program. If Contractor fails to comply with
any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may
terminate this Agreement for breach, and if so terminated, Contractor shall be
liable for actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-
103(3), if Contractor receives federal or state funds under the contract, Contractor
must confirm that any individual natural person eighteen (18) years of age or older
is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such
individual applies for public benefits provided under the contract. If Contractor
operates as a sole proprietor, it hereby swears or affirms under penalty of perjury
that it: (a) is a citizen of the United States or is otherwise lawfully present in the
United States pursuant to federal law, (b) shall produce one of the forms of
identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of
the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective
date of the contract.
Governmental Immunity: No term or condition of this contract shall be construed
or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity
Act§§24-10-101 et seq., as applicable now or hereafter amended.
No Third Party Beneficiary Enforcement: 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 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 an
incidental beneficiary only.
Fund Availability. Financial obligations of the County payable alter the current
fiscal year are contingent upon funds for that purpose being appropriated,
budgeted and otherwise made available. Execution of this Agreement by County
does not create an obligation on the part of County to expend funds not otherwise
appropriated in each succeeding year.
2. Agreement Effective. Except as otherwise expressly provided herein, all terms and
conditions of the Agreement shall remain unmodified and in full force and effect.
3. 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.
4. 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.
5. Incorporation. This Amendment shall be attached to, and made a part of, the Agreement.
[Signatures to follow]
By:MMJ May 2015
0314-03-43836 Al
This Amendment shall be deemed effective on the latest date shown below the signatures.
BANNER HEALTH, an Arizona WELD COUNTY DEPARTMENT OF PUBLIC
nonprofit corporation HEALTH AND ENVIRONMENT
BY: BY:
Rick Sutton
ITS: Chief Executive Officer ITS: Director
DATE: '2/1 /'c DATE: JUL 1 $ 2015
By:MMJ May 2015 /5-tea D€ ' C>
0314-03-43836 Al
First Amendment to Diagnostic Services Agreement
with Banner Health - WWC Program
ATTEST: d '11 BOARD OF COUNTY COMMISSIONERS
Weld C• ty lerk to the Bo- d WELD COUNTY, C ORADO
BY:
Deputy CI- to the Boa •� I � i � arbara Kirkmeye , Chair
rya :13 2015
OV D AS 0 ' N = /rrPPROVED AS TO SUBS CE:
Controller � jiij � Elected Official or Department Head
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APPROVED .S TO FORM;ioot ,Y/k
i/ Director of General Services
County Attorney02.0/Y
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