HomeMy WebLinkAbout20121171 RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- NORTHEAST HEALTH DEPARTMENT
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 Purchase of Services Agreement, for
Medical Laboratory Testing, 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 Northeast Health Department commencing August 1, 2011,
with further terms and conditions being as stated in said agreement, and
WHEREAS,after review,the Board deems it advisable to approve said agreement,copies of
which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Purchase of Services Agreement, for Medical Laboratory Testing,
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 Northeast Health Department, 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 May, A.D., 2012, nunc pro tunc August 1, 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Sean P. Conway, Chair
Weld County Clerk to the Board _
/,4 722
a� Wi 'am F. Garcia, Pro/rem
BY:
Deputy of-rk to the B d /�
Iasi I tsi� Kirkmgy r /
AP VEDAa1- ORM.AC V'Q l
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=/ �� ��� David . Long Y
ounty Attorney
Dougl s Rademac,
Date of signature: 5-"`I /a
i o rid 4� Ta\�a t ,
'I - 2012-1171
5 I# �a HL0039
1861 Memorandum
TO: Sean P. Conway, Chair
i U
NTT FROM: Mark E. Wallace MD, MPH, Director,
DATE: April 23, 2012
SUBJECT: Purchase of Service Agreement for
Medical Laboratory Testing
Enclosed by Board review and approval is a signed Purchase of Service Agreement from
Northeast Health Department for laboratory testing of TB by QuantiFERON-TB Gold. The
agreement is for the period of August 1, 2011 through December 31, 2012 with automatic one
year period renewals unless terminated sooner as per the Agreement.
I recommend for approval of the Purchase of Service Agreement.
cc: Tanya Geiser, Weld County Department of Public Health and Environment
2012-1171
N4 403?
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT is made and entered into by and 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,hereinafter referred to as "Weld
County," and Northeast Health Department hereinafter referred to as "NERD."
WITNESSETH:
WHEREAS, Weld County Department of Public Health and Environment has a
laboratory which is able to perform QuantiFERON—TB Gold testing for the detection of
Mycobacterium tuberculosis.
WHEREAS, NEHD desires to purchase these services.
NOW, THEREFORE, for and in consideration of the premises and mutual covenants
contained herein, the parties hereto covenant and agree as follows:
1. TERM: This Agreement shall be in effect for the period August 1, 2011, through
December 31, 2012, and shall be renewed automatically for successive one year
periods thereafter unless terminated sooner pursuant to the termination provisions
contained in paragraph 7 of this agreement.
2. RESPONSIBILITIES:
a. Weld County will provide specimen laboratory forms and collection tubes,
specific for the QuantiFERON test. The laboratory will provide testing
using the Cellestis QuantiFERON—TB Gold in tube method..
b. Weld County agrees to telephone any positive results to NEHD on the day
of testing and mail, fax, or e-mail final results by the following day. All
emails will be encrypted before sending. Testing will be performed as
least once per week unless NEHD is notified in advance of a delay in
testing.
3. COMPENSATION: From August 1, 2011 until December 31, 2012, NEHD
agrees to reimburse Weld County at a rate of $40.00 per specimen for each
QuaniFERON — TB test. If this Agreement is renewed pursuant to the provisions
of Paragraph 1, for any successive year,NEHD agrees that the reimbursement rate
will be the rate established by Weld County for that renewed term. Upon request
within thirty days before the expiration of any term of this Agreement, Weld
County will provide the applicable rate for the next term, should this Agreement
be renewed
4. ASSURANCES:
a. Weld County and NEHD agree that both are independent contractors, and
officers or employees of each county do not become employees of the
other and are not entitled to any employee benefits as employees of the
other county as the result of the execution of this Agreement.
b. Weld County, the Board of County Commissioners of Weld County, its
officers and employees shall not be held liable for injuries or damages
caused by any negligent acts or omissions of NEHD or its employees,
volunteers, or agents while performing contractual duties which did not
have specific prior written approval of the Weld County Board of
Commissioners. NEHD shall defend and hold harmless Weld County, the
Board of Commissioners of Weld County, its officers and employees,
volunteers, and agents. NEI-ID shall provide Workers' compensation
insurance for all its employees engaged in the performance of this
Agreement, as required by the Colorado Workers Compensation Act.
NEFID, its officers and employees, shall not be held liable for injuries or
damages caused by any negligent acts or omissions of Weld County, or its
employees, volunteers, or agents while performing contractual duties
which did not have specific prior written approval of NEHD. Weld
County shall defend and hold harmless NERD its officers and employees,
volunteers, and agents. Weld County shall provide Workers'
Compensation insurance for all of its employees engaged in the
performance of this agreement as required by the Colorado Worker's
Compensation Act.
c. No officer, member, or employee of Weld County, or NERD, and no
member of its governing bodies shall have any pecuniary interest, direct or
indirect, in the approved Agreement or the proceeds thereof
d. Weld County and NEHD assure that each will comply with Title VI of the
Civil Rights Act of 1986 and that no person shall, on the grounds of race,
creed, sex, or national origin, be excluded from participation in or be
otherwise subjected to discrimination under this Agreement.
e. No portion of this Agreement shall be deemed to constitute a waiver of
any immunities that parties or their officers or employees may possess, nor
shall any portion of this Agreement be deemed to have created a duty of
care with respect to any persons not a party to this Agreement.
f. No portion of this Agreement shall be deemed to create an obligation on
the part of the County of Weld, State of Colorado, to expend funds not
otherwise appropriated in each succeeding year.
g. If any section, subsection, paragraph, sentence, clause, or phrase of this
Agreement is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions. The parties
hereto declare that they would have entered into this Agreement and each
and every section, subsection, paragraph, sentence, clause, and phrase
thereof irrespective of the fact that any one or more sections, subsections,
paragraphs, sentences, clauses, or phrases might be declared to be
unconstitutional or invalid.
h. This Agreement is expressly made subject to all laws and regulations of
the United States, the State of Colorado, NEHD, and Weld County.
Contractual provisions required by such laws and regulations, but not
having been set out herein, are hereby incorporated by this reference as
through expressly set out in full. All parties of this Agreement are hereby
put on notice and charged with the responsibility of compliance with such
contract provisions as required by law.
5. MODIFICATION OF AGREEMENT: All modifications to this agreement shall
be in writing and signed by both parties.
6. ASSIGNMENTS: This Agreement shall be binding upon the parties hereto, their
successors, heirs, legal representatives, and assigns. Neither NEHD nor Weld
County may assign any of their rights or obligations hereunder without the prior
written consent to the other party.
7. TERMINATION: Either party may terminate this Agreement for any reason, so
long as 10 days written notice of its intent to so terminate is given to the other
party.
8. ENTIRE AGREEMENT: This Agreement constitutes the entire understanding
between the parties with respect to the subject matter hereof any may not be
changed or modified except as stated in Paragraph 5 herein.
IN WITNESS WHEREOF,the parties here to have duly executed this Agreement this day
of , 2011
CUSTOMER:
NORTHEAST HEALTH DEPARTMENT
BY: 21 ,"5,94-.‘" DATE: ��/2
TITLE: C/oittc,4/
ATTEST: -- COUNTY OF WELD, STATE OF
S La COLORADO, BY AND THROUGH THE
BOARD OF CLERK TO THE BOARDttuIFWEL Y COMMISSIONERS
D COUNTY
Deputy Cler to the Board Sean Conway, Chairman ad0 7 2012
WELD COUNTY DEPARTMENT OF PUBLIC BY. 11rACe.✓k .Z .
PUBLIC HEALTH AND ENVIRONMENT Mark Wallace,M.D., MPH
Executive Director
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