HomeMy WebLinkAbout20073618 RESOLUTION
RE: APPROVE LABORATORY SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- NORTHERN COLORADO CYTOLOGY SERVICES
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 Laboratory Services Agreement 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
the Northern Colorado Cytology Services, commencing September 1, 2007, and may be renewed
automatically for one-year periods, with further terms and conditions being as stated in said
agreement, and
WHEREAS, a hearing before the Board was held on the 19th day of November, 2007, at
which time the Board deemed it advisable to continue the matter to November 21, 2007, and then
again to December 3, 2007, at 9:00 a.m., and
WHEREAS, at said hearing on December 3, 2007, 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 Laboratory Services Agreement 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 Northern Colorado Cytology
Services be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
2007-3618
HL0034
fif ;f 60A) to 7
LABORATORY SERVICES AGREEMENT - NORTHERN COLORADO CYTOLOGY
SERVICES
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,adopted by
the following vote on the 3rd day of December, A.D., 2007, nunc pro tunc September 1, 2007.
BOARD OF COUNTY COMMISSIONERS
A �J % "' C WELD COUNTY, COLORADO
ATTEST: utaAM 1/49CUSED
"`� avid E. Long, Chair
Weld County Clerk to the
BY: 11.1William H. Jerke, Pro-Tern
I �/rG�
De u y Cle to the Board EXCUSED
Wil • m F. Garcia
P VED,W:15F � .�titi?
Robert D. Masden
o n Attorney o� a a �_a.de veal
"` ouglas ademache
Date of signature:
2007-3618
HL0034
Memorandum
Kicte--6;
TO: David E. Long, Chair
Board of County Commissioners
whi' FROM: Mark E. Wallace, MD, MPH,Director
ODepartment of Public Health and
• Environment 1 C �Z �
COLORADO DATE: November 14, 2007 (� Lk,.,S
SUBJECT: Laboratory Services Agreement with
Northern Colorado Cytology Services
Enclosed for Board review and approval is an agreement for laboratory services between
Northern Colorado Cytology Services (NCCS) and the Weld County Board of Commissioners on
behalf of the Weld County Department of Public Health and Environment (WCDPHE).
Under the terms of this agreement, WCDPHE will provide testing for Chlamydia and Neisseria
gonorrhoeas for Northern Colorado Cytology Services on an as needed basis. NCCS will
ran u se WCDPHE at the rate of$21.00 per specimen for the initial term of the agreement,
1, 2007 through December 31, 2007. This agreement will automatically renew for
one year periods beginning January 1, 2008 unless terminated according to the provisions
contained in the agreement. If the agreement is renewed for successive terms, WCDPHE will
establish the reimbursement rate for that term.
I recommend your approval of this agreement.
Enclosure
2007-3618
LABORATORY SERVICES AGREEMENT
THIS LABORATORY SERVICES AGREEMENT (this "Agreement"), is entered into by
and between The Board of County Commissioners for the County of Weld, State of Colorado, on
behalf of the Weld County Department of Public Health and Environment ("WCDPHE"), and
Northern Colorado Cytology Service ("NCCS").
RECITALS
A. NCCS requires the services of a qualified laboratory that is capable of furnishing certain
routine and STAT laboratory services ("Services); and
B. WCDPHE operates a clinical laboratory and is capable of furnishing high quality Services
to NCCS; and
C. NCCS desires to contract with WCDPHE to provide Services on the terms and conditions
set forth herein.
NOW THEREFORE, in consideration of the mutual promises and covenants herein
contained, the adequacy of which is hereby acknowledged, the parties agree as follows:
AGREEMENT
1. Laboratory Testing Services and Supplies.
1.1 Laboratory Services. NCCS engages WCDPHE to provide testing for Chlamydia
and Neisseria gonorrhoeas using the GenProbe Aptima Combo 2 method on an as
needed basis. WCDPHE shall supply all qualified personnel, materials, and
equipment necessary to provide the Services and shall devote its best ability and
professional efforts in providing the Services. WCDPHE shall be responsible for
the transport of specimens from NCCS to WCDPHE. WCDPHE shall pick up
such specimens the same morning of testing.
1.2 Laboratory Supplies. WCDPHE shall furnish NCCS with specimen laboratory
forms, collection swabs, specimen analysis, and reporting using the GenProbe
Aptima Combo 2 Chlamydia and Neisseria gonorrhea procedure for detection of
Chlamydia trachomatis and Neisseria gonorrhea from female endo-cervical
specimens, and from female and male urethral or urine specimens.
1.3 Reporting Testing Results. WCDPHE agrees to fax results to NCCS on the day of
testing. Testing will be performed at least once per week.
1.4 CLIA Certification. WCDPHE represents and warrants that its laboratory is
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certified according to the Clinical Laboratory Improvement Amendments of 1988
("CLIA") and that WCDPHE provides such laboratory services in accordance
with such regulations. WCDPHE shall provide NCCS with a copy of WCDPHE's
CLIA certificate upon request.
2. NCCS Responsibilities. NCCS shall retain professional control and responsibility for the
overall diagnostic and medical care of patients receiving Services from WCDPHE.
NCCS shall maintain complete and timely clinical records (including diagnoses, medical
history, physician's orders and progress notes) relating to Services provided by WCDPHE
and the attending physician of patient shall consult with WCDPHE staff as necessary.
WCDPHE shall cooperate fully with any review performed by NCCS related to Services
provided hereunder.
3. Term and Termination.
3.1 Term. The initial term of this Agreement shall be from September 1, 2007,
through December 31, 2007. This Agreement shall then automatically renew for
one (1) year, commencing January 1, 2008, and continuing through December 31,
2008, and shall be renewed automatically for successive one year periods
thereafter unless sooner terminated pursuant to the termination provisions
contained in this Agreement.
3.2 Termination. Either party may terminate this Agreement for any reason, so long
as ten (10) days written notice of its intent to so terminate is given to the other
party. In the event of termination, WCDPHE shall be paid by NCCS for work
performed by WCDPHE prior to receiving notice of termination, but not yet
compensated.
4. Worker's Compensation Coverage. Each party shall at all times provide Workers'
Compensation Insurance for all its employees engaged in the performance of this
Agreement, as required by the Colorado Workers Compensation Act.
5. Mutual Indemnification. To the extent permitted by 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
from or claimed to have resulted from any intentional or negligent acts or omissions of
the indemnifying event or occurrence upon which such actions, claims or demands are
based.
6. No Waiver of Immunities. Notwithstanding any provision contained herein to the
contrary, WCDPHE does not waive any immunities to which it may be entitled under any
applicable law.
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7. Fees.
7.1 From September 1, 2007 through December 31, 2007, NCCS agrees to reimburse
WCDPHE at a rate of$21.00 per specimen for combination of Chlamydia and
Neisseria gonorrhoeas test. For any successive year that this Agreement is
renewed, NCCS agrees that the reimbursement rate will be the rate established by
WCDPHE for that renewed term. Upon request within thirty(30) days before the
expiration of any term of this Agreement, WCDPHE will provide the applicable
rate for the next term, should this Agreement be renewed.
7.2 Cancelled Test Orders. NCCS may cancel an order for a test only by providing
written notice of cancellation of such test. If the written notice is received by
WCDPHE prior to test set-up, NCCS will not be charged for the test. If the
written notice is received after test set-up, NCCS will be charged for the test.
7.3 Unacceptable Specimens and Unsatisfactory Results. If specimens cannot be
analyzed because of improper collection or degradation in transit, or if WCDPHE
is unable to obtain satisfactory test results on an apparently acceptable specimen,
WCDPHE will promptly notify NCCS. In either case,NCCS will not be charged
for the unacceptable specimen or unsatisfactory results.
8. Compliance with HIPAA. Both parties agree to comply with the provisions contained in
the Health Insurance Portability and Accountability Act of 1996, and to comply with the
Standards for Privacy of Individually Identifiable Health Information contained in 45
C.F.R. Parts 160 and 164, Subparts A and E ("Privacy Rule"), and Subpart C ("Security
Rule"), as amended. If this Agreement must be amended to secure such compliance, the
parties shall meet in good faith to agree upon such amendments. If the parties cannot
agree upon such amendments, then either party may terminate this Agreement pursuant to
the terms and conditions set forth herein.
9. Independent Contractor Status. WCDPHE and NCCS intend that the relationship
between them contemplated by this Agreement is that of independent entities working in
mutual cooperation. NCCS officers, employees and agents are not to be considered
employees of Weld County for any purpose and said persons may not hold themselves out
as employees or agents of WCDPHE or Weld County or otherwise make any
representation or commitment on behalf of WCDPHE or Weld County. Likewise,
officers, employees and agents of WCDPHE are not to be considered employees of
NCCS for any purpose and said staff may not hold themselves out as employees or agents
of NCCS or otherwise make any representations or commitments on behalf of NCCS.
Neither party shall be in any way required to provide any pecuniary benefits, salaries,
wages, or fringe benefits to employees of the other party.
10. Non-Exclusive Agreement. This Agreement is not exclusive. Accordingly, either party
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shall have the right to enter into one or more agreements relating to the same or similar
matters as are covered by this Agreement, and execution by either party of such
agreements shall not constitute a breach of this Agreement.
11. Retention and Inspection of Records. WCDPHE shall keep all records related to this
Agreement on file for a period of four (4) years from the date the record is made.
WCDPHE shall, upon reasonable notice, give NCCS or its authorized representative the
privilege, at a reasonable time, of inspecting, examining, and auditing, during normal
business hours, such of WCDPHE's business records that are directly relevant to this
Agreement, including, without limitation, the financial arrangement between the parties.
The cost of such inspection, examination, and audit shall be at the sole expense of NCCS,
and such inspection, examination, and audit shall be conducted where said records are
normally maintained.
12. Assignment. This Agreement may not be assigned by either party without the prior
written consent of the other party.
13. Waivers. No waiver of the enforcement or breach of any agreement or provision herein
contained shall be deemed a waiver of any preceding or succeeding breach thereof or of
the enforcement of any other agreement or provision herein contained. No extension of
time for performance of any obligations or acts shall be deemed an extension of the time
for performance of any other obligations or acts.
14. No pecuniary Interest. No officer, member or employee of WCDPHE or NCCS and no
member of its governing bodies shall have any pecuniary interest, direct or indirect, in the
approved Agreement or the proceeds thereof.
15. Compliance with Title VI. WCDPHE and NCCS 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.
16. Budget Constraints. 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.
17. Severability. 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.
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18. Agreement Made Subject to Laws and Regulations. This Agreement is expressly made
subject to all laws and regulations of the United States, the State of Colorado, NCCS, 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 though 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.
19. Modification of Agreement. All modifications to this Agreement shall be in writing and
signed by both parties.
20. Entire Agreement. This Agreement constitutes the entire understanding between the
parties with respect to the subject matter hereof and may not be changed or modified
except as provided in this Agreement.
21. Modification. All modifications to this Agreement shall be in writing and signed by both
parties.
22. No Third Party Beneficiary. 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.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement this /7 day
of ( d Ins- , 2007.
NORTHERN COLORADO WELD COUNTY DEPARTMENT OF
CYTOLOGY SERVICES PUBLIC HEALTH/AND
�ENVIRONMENT
By: J� �ln� Oe t I) 16 L Y nsi. By:<�l "W`"c-�`^'LS
Mark Wallace, M.D., M1?II
BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF WELD,
STATE OF COLORADO • t II, P.
, II `V _4444//
(l Itl ry /c6Y//A
ST.
By: L1 l /71-1,
William H. Jerke, Chair Proa t,f�° �L�Ig
m
12/03C706.7 xleit
Clerk o the Board
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