HomeMy WebLinkAbout20030392 RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT FOR MEDICAL LAB TESTING
AND AUTHORIZE CHAIR TO SIGN - LARIMER COUNTY 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 Lab 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 the Larimer County Health Department, commencing January 1,
2003, and ending December 31, 2003, 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 Purchase of Services Agreement for Medical Lab 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 the Larimer County 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 10th day of February, A.D., 2003, nunc pro tunc January 1, 2003.
BOARD OF COUNTY COMMISSIONERS
WEL UNTY, COLORADO
ATTEST: D// / �,<,` IF zs
vid E. Long, C air
Weld County Clerk to the oa-:'le ,' ' ((����\\ ip
1861 `Q ^�„'5 Ii J 1�
I/ obert D. �� dGen, Pro-Tem
BY: O �� • ' ►+! �I
Deputy Clerk to the Bob U 1\
M. J. eile
_/P-PRO D AS TO F EXCUSED
t— William H. Jerke
unty ttorney �
Glenn Vaad
Date of signature: 3%
2003-0392
HL0030
Kicti‘HH
Memorandum
TO: Clerk to the Board
0 DATE: February 5, 2003
COLORADO FROM: Mark E. Wallace MD, MPH, Director, Department
of Public Health and Environment
SUBJECT: Purchase of Service Agreement for Medical
Lab testing
Enclosed for Board review and approval is a signed Larimer County purchase of service
agreement for lab testing of Chlamydia trachomatis and Neisseria gonorrhoeae. The
agreement is for the period of January 1, 2003 through December 31, 2003.
I recommend for approval of this purchase of service agreement.
cc: Judy Nero, Weld County Department of Public Health and Environment
2003-0392
•
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 the Larimer County Health Department, hereinafter referred to as "Larimer
County."
WITNESSETH:
WHEREAS, Weld County Department of Public Health and Environment has a
laboratory which is able to perform testing for the detection of Chlamydia trachomatis and also
for the detection of Neisseria gonorrhoeae, and
WHEREAS, Larimer County 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 January 1, 2003, through
December 31, 2003, 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, collection swabs,
specimen analysis, for detection of Chlamydia trachomatis and Neisseria
gonorrhoeae. The laboratory will provide testing using the GenProbe
PACE 2 Rapid DNA Probe method from January 1, 2003 through January
31, 2003. From February 1, 2003 through December 31, 2003, the
laboratory will be using the GenProbe Aptima Combo 2 method.
b. Weld County agrees to telephone any positive results to Larimer County
on the day of testing and mail a written report by the following day.
Testing will be performed as least once per week.
3. COMPENSATION: During the initial Term of this Agreement, from January 1,
2003 until January 31, 2003, Larimer County agrees to reimburse Weld County at
a rate of$9.50 per specimen for testing for Chlamydia and $4.50 per specimen for
testing for the Neisseria gonorrhoeae. From February 1, 2002 until December 31,
2003, Larimaer County agrees to reimburse Weld County at a rate of$16.05 per
specimen for the combination Chlamydia and Neisseria gonorrhoeae test. If this
Agreement is renewed pursuant to the provisions of Paragraph 1, for any
successive year, Larimer County 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 Larimer County 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 Larimer County 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. Larimer County shall defend and hold harmless
Weld County, the Board of Commissioners of Weld County, its officers
and employees, volunteers, and agents. Larimer County shall provide
Workers' compensation insurance for all its employees engaged in the
performance of this Agreement, as required by the Colorado Workers
Compensation Act. Larimer County, 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 Larimer County. Weld County shall defend and hold harmless
Larimer County, 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 Larimer County,
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 Larimer County 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, Larimer County, 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 Larimer County 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
Ply
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 hereto have duly executed this Agreement this 10th day
of February , 200' .
Attest Lap COUNTY OF WELD, STATE OF
COLORADO, BY AND THROUGH THE
pp BOARD OF COUNTY COMMISSIONERS
CLERK TO THE BOA `b� OF WELD COUNTY
BY: ( ..,, fu. BY:
Deputy Clerk to the art David E. Long, Chair (o /10/03)
LARIMER COUNTY HEALTH
DEPARTMENT
BY: �
A rienne LeBailly, .D.,
Director
WELD COUNTY DEPARTMENT OF
PUBLIC"HEALTH (�/J
BY:
vv\C\'"1\ 1 0 Qk � C{ �
Mark Wallace, M.D., MPH
Executive Director
2Uu S-03'IL-
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