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Home My WebLink About20092442.tiffRESOLUTION RE: APPROVE AGREEMENT FOR ON -SITE FLU VACCINATIONS AND AUTHORIZE CHAIR TO SIGN - WORKWELL OCCUPATIONAL MEDICINE 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 an Agreement for On -Site Flu Vaccinations between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Safety and Wellness Committee, and Workwell Occupational Medicine, with terms and conditions being as stated in said agreement, and WHEREAS, a hearing before the Board was held on the 14th day of September, 2009, at which time the Board deemed it advisable to continue said matter to allow adequate time for corrections to be made to the agreement, as requested by the Board, 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 Agreement for On -Site Flu Vaccinations between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Safety and Wellness Committee, and Workwell Occupational Medicine be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. 2009-2442 BC0040 1:0 60o/2i( u/E e gQ(G\)S-f-t t AGREEMENT FOR ON -SITE FLU VACCINATIONS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of September, A.D., 2009. BOARD OF C UNTY COMMISSIONERS WELD Y, COLORADO ATTEST: ., Weld County Clerk to BY. Deputy Cler to the Bo William F. Garcia, Chair vvled ougla- Radema.her, Pro-Tem Sean P. Conway APPROV-EP AS T EXCUSED / BarKirkeyer bfinty Attorney Date of signature/)//347(4 David E. Long 2009-2442 BC0040 WORKWELL Occupational Medicine 205 S. Main Street, llC Longmont, CO 80501 AGREEMENT FOR ON -SITE FLU VACCINATIONS This agreement governs your use of WORKWELL Occupational Medicine On -Site Flu Vaccinations. This is a binding agreement between WORKII'ELL Occupational Medicine and Weld County ("Client") on the following terms: 1. Fees and Payment Term. a. Client agrees to engage the services of WORKWELL Occupational Medicine for the provision of On -Site Flu Vaccinations listed in Exhibit A. b. This agreement is in force for the dates and times listed in Exhibit A. (NOT APPLICABLE) c, Payment for the services listed in this agreement will be made to WORKWELL Occupational Medicine in accordance with quote(s) and subsequent invoice(s) from WORK WELL Occupational Medicine. d. Payment of vaccinations will be made directly to WORKWELL Occupational Medicine, in accordance with fees and terns on invoice(s) from WORKIVELL Occupational Medicine, and is due no later than 30 days after the invoice is issued. 2. WORKWELL Occupational Medicine Obligations. IVORKU'ELL Occupational Medicine offers to provide the following program of services us on -site flu vaccination clinics: a. Initial prescription for vaccinations at the locations staled herein (if needed). Site may provide own Medical Director for medical orders. b, All vaccinations, stuff, authorization forms and supplies (as applicable). c. Protocol for EpiPen use during an allergic reaction or sudden cardiac arrest emergency (if needed). WORKWELL Occupational Medicine' obligations are strictly limited to offering services o. through c. listed above. Additional services or enhancements of the basic agreement must be negotiated directly with WORKWELL Occupational Medicine and otherwise are not offered or agreed to. 3. Client Obligations. a. Client agrees that delivery of II'ORKWELL Occupational Medicine vaccinations are contingent on the information provided by the client to WORKWELL Occupational Medicine in this agreement, including all Exhibits. If the information is incorrect or incomplete, Client will provide correct and complete information within 30 days of signature, or this agreement may be terminated at II'ORKWELL Occupational Medicine' sole discretion. b. Client agrees to the number of vaccinations and supplies covered under the terms of this agreement, in accordance with Exhibit A. c. Client agrees that vaccinations covered under the tens of this agreement will only be administered by authorized persons or those who have been trained by the Client or Client's approved trainer. Use by other persons is unauthorized unless separately agreed to by fVORKWELL Occupational Medicine. d. Client agrees to use the services of WORKIFELL Occupational Medicine, to abide by the terms and conditions stated herein and to pay all fees, charges and costs when due, 4. Indemnity. Client agrees to defend, indemnify and hold WORKWELL Occupational Medicine and its established business partners harmless against any losses, expenses, costs or damages (including WORK WELL Occupational Medicine reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (I) Client's breach or the leans of this agreement, (2) Client's unauthorized or unlawful use of vaccinations covered under the tens of this agreement, (3) the unauthorized or unlawful use of vaccinations covered under the terms of the agreement by any other person, (4) the actions of WORKIVELL Occupational Medicine, us long as they arc not negligent or constitute willful misconduct and are in accordance with generally accepted medical standards. 5. Applicable Law; Legal Action. This agreement and all related documents shall be governed by and interpreted according to the laws of the State of Colorado. Denver County Superior Court, Denver, Colorado, shall have the exclusive jurisdiction and venue of any dispute or litigation arising out of this agreement. The prevailing party in any arbitration or litigation shall be entitled to judgment against the other party for reasonable attomey's fees and costs paid or incurred, including such fees and costs on appeal. 6. Entire Agreement, This agreement, including all exhibits, contains the entire agreement between client and WORKWELL Occupational Medicine relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. 7. Termination. a. IVORKIYELL Occupational Medicine reserves the right to immediately terminate vaccinations upon client's breach of this agreement. b. Client may discontinue vaccination with written notice to WORKIVELL Occupational Medicine, WORK WELL Occupational Medicine must receive notification 2I days prior to the expiration of this agreement. c. WORKWELL Occupational Medicine reserves the right to discontinue vaccinations for reasons other than those above with 30 days written notice to client. In that event, Client shall receive a prorated refund for the balance of any funds paid prior to completion of services. d. In the event that vaccinations are terminated, all protocols provided by WORK WELL Occupational Medicine are void on termination date. 8. Other. These policies are issued by WORKWELL Occupational Medicine. They govern Client's use of WORKII'ELL Occupational Medicine Vaccination Services, including, without limitation. vaccinations and locations sited herein. Any established business partners of WORK WELL Occupational Medicine shall not be liable for any damages or injuries, whether direct, indirect, special or consequential arising out of the performance of services by WORKWELL Occupational Medicine regardless of whether such damages are based on tort, warranty, contract or any other legal theory, even if advised of the possibility of such damages. SERVICE AGREEMENT- I Flu Shot Agreement_2009 SOD 02%9q WORK Exhibits: A. Vaccination Service/Supplies: SEE EXHIBIT A By: CLIENT Authorized Contact Company Address City/Stale/Zip William F. Garcia Weld County, Colorado 915 10th Street Greeley, co Authorized Signature or�o 80631 Title Chair, Board of Weld County Commissioners Date 09 /I-/ 2009 WORKWELL Occupational Medicine Vaccination Services Judy Donis, RN COHN VP Clinic Services WORKII'ELL a' upatii al edicin Signature Date 01 / /0 SERVICE AGREEMENT - 2 Flu Shot Agreement 2009 INORKII'ELL Occupational Medicine 205 S. Main Street, #C Longmont, CO 80501 WORK; '7.:. Exhibit A — Vaccination Services WORKWELL Occupational Medicine agrees to provide the following services to Client: Company: Weld County Company Contact: Staci Datteri-Frey Contact Phone: 970-336-7220, ex. 4235 Contact Email: sfrey@co.weld.co.us Program: IFORKIVEL/. Occupational Medicine 205 S. Main Street, ttC Longmont, CO 80501 Supplies Only Approximately 900 cotton balls 3 boxes gloves (100/box as we discussed not needing to change gloves for each shot) Approximately 900 alcohol swabs, 850 pre -filled syringe with vaccine 900 25 gauge 1" non -safety needles Vaccination Type: Flu Vaccine & Supplies # Vaccinations: 850 Vaccination Guarantee: N/A Vaccination Cost: S15/each SERVICE AGREEMENT -3 Flu Shot Agreement 20D9 Esther Gesick From: Sent: To: Cc: Subject: Esther Gesick Monday, October 12, 2009 1:27 PM Staci Datteri-Frey 'ESTHER Gesick'; Monica Mika; Patti Russell RE: Contract Statement Staci, Thanks for following up on this. I will list this as an item of Communications on the Consent Agenda to be added to Document #2009-2442. This way the approved agreement will remain in place should the vaccinations become available at a later date. Thanks! Esther E. Gesick Deputy Clerk to the Board Weld County, Colorado 915 10th Street Greeley, CO 80631 (970)356-4000 X4226 (970)352-0242 (fax) Original Message From: Staci Datteri-Frey Sent: Monday, October 12, 2009 1:07 PM To: Esther Gesick Subject: FW: Contract Statement Esther: Is this statement sufficient? - Staci WORKWELL Occupational Medicine delivered 90 pre -filled syringes of flu vaccine to Weld County on Oct. 5, 2009 instead of the pre -ordered 850. This is due to the nation wide shortage of flu vaccination. Judy Doms, RN, COHN WORKWELL Occupational Medicine mobile: 303 506 1362 Original Message From: Staci Datteri-Frey (mailto:sfrey@co.weld.co.us] Sent: Friday, October 09, 2009 3:44 PM To: Judy Doms Subject: Contract Statement Judy: Would you please send an e-mail stating that you can/did deliver 90 pre -filled syringes on oct. 5 and that you are unable to fulfill the contract agreement b/c of reasons stated earlier? Our administrative office is requesting a statement to be attached to the original contract. Thank you, Staci Datteri-Frey t 1, L11tr11 utiCr ON5 !c(/913c Hello