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Home My WebLink About20260621 Resolution Approve Service Agreement for Onsite Audiometric Screening for Hearing Conservation Program and Authorize Chair to Sign — Mobile Health Diagnostics, LLC 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 Service Agreement for Onsite Audiometric Screening for the Hearing Conservation Program between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Resources, and Mobile Health Diagnostics, LLC, commencing upon full execution of signatures, 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 Service Agreement for Onsite Audiometric Screening for the Hearing Conservation Program between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Resources, and Mobile Health Diagnostics, LLC, 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 Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 18th day of March, A.D., 2026: Scott K. James, Chair: Aye Jason S. Maxey, Pro-Tem: Aye Lb`• Perry L. Buck: Aye Lynette Peppier: Aye ItilbV12 111 • Kevin D. Ross: Aye "'� Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board cc'.PE(as/Ao/isP/KL) 2026-0621 \ u\\ago PE0037 Cbritc+ IDa 1u4(02 BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW PASS-AROUND TITLE: Hearing Conservation Program DEPARTMENT: Human Resources DATE: 3/11/26 PERSON REQUESTING: Jill Scott, Kelly Leffler Brief description of the problem/issue: We currently have approximately 30 Public Works employees in a Hearing Conservation Program to comply with MSHA regulations. In 2025 we contracted with Mobile Health Diagnostics, LLC to come onsite and provide the hearing screenings, and are looking to contract with them again for 2026. As we continue to promote occupational health and safety throughout Weld County, we are wanting to extend the hearing conservation program to Facilities and Fleet, as both of these departments have employees regularly working in environments that are above 85 decibels, which can cause permanent hearing loss if there is prolonged exposure. The program will also provide education on hearing safety and the importance of hearing protection. What options exist for the Board? The BOCC can approve moving forward with Mobile Health Diagnostics, LLC, by signing the attached agreement, and approve moving forward with adding Facilities and Fleet into the program. Or the BOCC can deny moving forward with the agreement and/or deny the opportunity for Facilities and Fleet to participate. Consequences: By approving the agreement Human Resources will move forward with scheduling the audiometric screenings for the end of May to maintain MSHA compliance. If we do not move forward with Mobile Health Diagnostics Weld County is at risk of falling out of compliance with MSHA regulations. By providing the services to employees at Facilities and Fleet we are providing them with the education and screenings reassuring that occupational health and safety is a top priority at Weld County. If we do not provide the services to Fleet and Facilities, we risk employees suffering from preventable hearing loss over time. Impacts: The impacts of the audiometric screenings could be substantial over time for those employees being entered into the program this year, and it keeps Weld County in good standing with the MSHA regulations. Costs (Current Fiscal Year/Ongoing or Subsequent Fiscal Years): In 2025 we paid Mobile Health Diagnostics $1,960 to come onsite to provide 30 hearing screenings. For 2026, the agreement is showing that we would pay $2,090 for MDH to come onsite for one day to complete 96 hearing screenings, with the opportunity to add an additional half day for$1,610 for 40 more employees, if needed. At most, this onsite service would cost $3,980. Human Resources has $7,500 in the budget for the Hearing Conservation program for 2026. Recommendation: Human Resources is recommending signing the agreement with Mobile Health Diagnostics, LLC to provide the Hearing Conservation Program and do open the program to Fleet and Facilities who also are at risk for hearing loss due to the environment they work in. 2026-0621 �/� +6 00 3-1 Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck Scott K. James Jason S. Maxey xP4 Lynette Peppier Kevin D. Ross �/ MHD Service Agreement This Service Agreement(this"Agreement")contains the terms and conditions that govern the services that will be provided to you or the entity you represent("Client"or"you")by Mobile Health Diagnostics,LLC(also referred to as"MHD",`eve,""us,"or"our").This Agreement takes effect when you click the"Submit"button or check box presented with these terms and we confirm acceptance,or,if earlier,when you use any of the Services(the"Effective Date").You represent to us that you are lawfully able to enter into contracts(e.g.,you are not a minor).If you are entering into this Agreement for an entity,such as the company you work for,you represent to us that you have legal authority to bind that entity.The MHD and Client may individually be referred to as a"Party"or collectively as the"Parties". 1.Services We agree to provide you the services("Services")contained in any applicable Purchase Order or as agreed to between MHD and you in writing (each,a"Project Assignment").Each Project Assignment will be attached hereto as Exhibit A and be subject to the terms and conditions of this Agreement.Subject to the terms of this Agreement,we will render the services set forth in the Project Assignment(s)accepted by us(the"Services") by the completion dates set forth therein.Except as otherwise provided in the applicable Project Assignment,we will be free of control and direction from client(other than general oversight and control over the results of the Services)and will have exclusive control over the manner and means of performing the Services. 2.Client Responsibilities The Client acknowledges that the estimated scope of Services is dependent on their timely responsiveness to our inquiries,requests for information, and ability to provide the required documentation.If the Client fails to provide the requested documentation in a timely manner,it may impact the estimated scope of work,potentially resulting in additional service or rescheduling fees.All requested documentation and data must be submitted to our operations team at least one week prior to the agreed-upon appointment date. 2(a).Accessibility Upon termination or discontinuance of Services,Client shall have reasonable access to all Client data resulting from the Services and residing in MHD's database.MHD agrees to provide Client,at Client's sole cost and expense,complete test records and files in machine readable format. 3.Payment Terms Payment Requirement Details Deposit 50%of total cost before service commencement Accepted Payment Methods ACH/Wire,Credit Card,or Check Remaining Balance Due upon service completion before deliverable release Late Payment Charge 1.5%per month(18%annually)for unpaid balances after 30 days Credit Card Processing Fee 3%fee applies if paying by credit card Credit Card on File Required for fees and unpaid balances Purchase Order Required for service invoices exceeding$5,000 ZOZco—Ulp2� 4.Insurance MHD will keep in full force and effect,at its own expense,minimum liability insurance coverage for(a)commercial general and healthcare professional liability,including premises-operations,products and completed operations,and broad form contractual liability.If Client requests additional coverage,including alternate employer endorsements,waivers of subrogation,or additional coverage,Client agrees to pay incremental costs incurred by Mobile Health Diagnostics in obtaining such coverage. Type of Insurance Limits Commercial General Liability $1,000,000 Each Occurrence,$2,000,000 General Aggregate, $2,000,000 Products-Comp/Op Agg Automobile Liability $1,000,000 Combined Single Limit(Each accident) Umbrella Liability $5,000,000 Each Occurrence,S5,000,000 Aggregate Workers Compensation and Employers Liability $1,000,000 Each Accident,$1,000,000 EA Employee,$1,000,000 Policy Limit Professional Liability $1,000,000 Each Claim,$2,000,000 Each Aggregate 5.Force Majeure If,because of weather,acts of God,strikes or other labor disputes,supplier delays or interruptions,equipment failure,acts of war,terrorism or insurrection or any rule of statutory or other law of the federal or any state or local government which are not the fault or neglect of the party claiming the delay,or other unavoidable cause which is not the fault or neglect of the party claiming the delay,either party is unable to perform its obligations hereunder,such non-performance shall not be considered a breach of this agreement. 6.Service Period Termffermination The Service Period shall be for one year from the date of the Service Agreement.The Service Period will automatically renew for successive one- year periods unless terminated by either party by providing 60 days'written notice.Service fees are subject to annual price increases effective January 1 of each year. 7.Cancellation&Rescheduling Provision Mobile Health Diagnostics,LLC incurs costs related to scheduling and fulfilling services.These costs incurred include but not limited to employee time,travel,technician booking,and equipment shipping.Therefore,in the event of cancellation or rescheduling of any scheduled Services,the following reimbursements to MHD will apply to each service date scheduled: 7(a).Cancellation: Notice Period Cancellation Reimbursement >60 days No reimbursement 30-60 days $295 7-30 days 30%of invoice 2-7 days 50%of invoice 1-2 days 80%of invoice Notice Period Cancellation Reimbursement <24 hours 100%of invoice 7(h).Reschedule: Notice Period Rescheduling Reimbursement >30 days No reimbursement 15-30 days $295 8-15 days 10%of invoice 3-8 days 20%of invoice 1-2 days 40%of invoice <24 hours 50%of invoice 8.Indemnification Except to the extent caused by the other party's gross negligence or willful misconduct,each party(the"Indemnifier")agrees to defend,indemnify and hold the other party(the"Indemnitee"),its directors,officers,agents and employees harmless from all loss,cost(including court costs and reasonable attorneys'fees)and expense resulting from any claims arising from the intentional misconduct or gross negligence of the Indemnifier or from the unauthorized release,disclosure or other communication to a third party of the other party's Confidential Information by the Indemnifier or the Indemnifier's employees,agents,contractors or representatives which was not approved in writing by the other party.IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL,INDIRECT,INCIDENTAL,CONSEQUENTIAL,PUNITIVE OR EXEMPLARY DAMAGES,INCLUDING,BUT NOT LIMITED TO,LOST PROFITSAND REVENUE,EVEN IF SUCH PARTY HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.This indemnification provision shall survive the termination or discontinuance of the Services for a period of three years. 8(a).Regulatory Compliance&Responsibility The Client acknowledges and agrees that it is their sole responsibility to be aware of and comply with all applicable local,state,and federal regulations,including but not limited to those set forth by the Occupational Safety and Health Administration(OSHA)and the Mine Safety and Health Administration(MSHA).While MHD provides on-site consulting services and testing to support the Client in meeting these regulatory standards,the ultimate responsibility for compliance rests with the Client.MHD shall not be liable for any failure of the Client to comply with such regulations,nor for any penalties,fines,or legal actions resulting from non-compliance.The Client agrees to indemnify and hold harmless"MHD" from any claims,damages,or expenses arising from the Client's failure to adhere to the relevant regulations. 9.Confidentiality In connection with the Services to be provided,each Party("Disclosing Party")may disclose to the other Party("Receiving Party")certain Confidential Information(as defined below)and the Parties wish to preserve the proprietary,confidential and non-public nature of the disclosed Confidential Information.During the term of this Agreement and thereafter Receiving Party(i)will not use or permit the use of the Disclosing Party's Confidential Information in any manner or for any purpose not expressly set forth in this Agreement,(ii)will hold such Confidential Information in confidence and protect it from unauthorized use and disclosure,and(iii)will not disclose such Confidential Information to any third parties except as set forth in this Agreement.The Receiving Party will protect the Disclosing Party's Confidential Information from unauthorized use,access,or disclosure in the same manner as Receiving Party protects its own confidential information of a similar nature,but in no event will it exercise less than reasonable care.Notwithstanding the foregoing or anything to the contrary in this Agreement or any other agreement between the Parties,nothing in this Agreement shall limit Receiving Party's right to report possible violations of law or regulation with any federal,state,or local government agency."Confidential Information"as used in this Agreement means all information disclosed by the Disclosing Party to the Receiving Party,whether during or before the term of this Agreement,that is not generally known in the trade or industry and will include,without limitation: (a)information regarding pricing and scope of Services;(b)trade secrets,drawings,inventions,know-how;(c)information regarding plans for future products or services,development,business plans,business forecasts and budgets;and(d)any information regarding the Disclosing Party's employees or the result of any Services provided by MHD.Confidential Information also includes proprietary or confidential information of any third party who may disclose such information to either Party during their respective business.Confidential Information does not include information that(x)is or becomes a part of the public domain through no act or omission of Receiving Party,(y)is disclosed to Receiving Party by a third party without restrictions on disclosure,or(z)was in Receiving Party's lawful possession without obligation of confidentiality prior to the disclosure and was not obtained by Receiving Party either directly or indirectly from the Disclosing Party.In addition,nothing herein will be construed to prohibit disclosure of Confidential Information to the extent that law or valid order of a court or other governmental authority requires such disclosure.All Confidential Information furnished to the Receiving Party by the Disclosing Party is the sole and exclusive property of the Disclosing Party,except as specifically provided for in this Agreement. 10.Governing Law This Agreement will be governed in all respects by the laws of the United States of America and by the laws of the State of New York,without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. Board of County Commissioners Weld unty, Colorado Scott K. James, Chair MAR 1 8 2026 Attest: �, i' 0011 Esther E. Gesick, Clerk to the Board 1861 �. m419 01/4.9 By: Hatzfa/L01/, ``® ' ty DeputyClerk to the Board ( GO ZO7 -- ( cL\ EXHIBIT A From: Madeleine Maher To: Kelly Leffler Subject: Proposal for Audiometric Testing at Weld County Public Works Date: Wednesday,February 18,2026 3:55:17 PM Attachments: img.ong img.ong jmg.Dnq jma.Dng ima.png img.ong This Message Is From an Untrusted Sender You have not previously corresponded with this sender. Use extra caution and avoid replying with sensitive information,clicking links,or downloading attachments until their identify is verified. Hi Kelly, Thank you for considering MHD for your workplace safety needs. I've included a link below to review your customized proposal. As promised, please click here to learn more about the different services we offer; as mentioned a few being respirator fit testing, pulmonary function testing, air moniotring, etc. Let me know if you have any questions or are interested in getting pricing at all. View Audiometric Testing Proposal I checked with my team regarding date availability for middle of April and at this time we are currently booked up until May. We have 05/26/2026 and 05/27/2026 available for testing. If that works for you, please scroll to the bottom of the proposal to sign the Service Agreement. Why Companies Choose MHD: • Mission-Tested Safety Responders -Our on-site team is made up of former military, fire, police, and emergency service professionals. • Your Trusted Safety Partner - We serve as your safety partner-offering guidance, sharing insights, and helping you navigate every step with confidence. • Safety Without Shortcuts-Our solutions are thorough, reliable, and built to meet the highest standards -without wasting your time. We schedule efficiently, show up on time, and complete the work with minimal disruption. You can also see what our clients have said about working with us in our google reviews. If you have any questions about the proposal, you can book time here: Schedule a call. Best regards, Madeleine Maher Account Manager, MHD MHD t2madeleine.maher@mhdhealth.com I w(303)223-4276 1-800-331-3218 I a:;;MHDHealth.com n Book a meeting IMPORTANT:The contents of this email and any attachments are confidential.They are intended for the named recipient(s)only.If you have received this email by mistake,please notify the sender immediately and do not disclose the contents to anyone or make copies thereof. ® i M/ AC©a DATE(MDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 7/16/2026AT Wo2s THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER S), / REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies,LLC CONTACT NAME: DBA as Lockton Insurance Brokers,LLC in CA PHONE FAX CA license#OF15767 IA/C,No,EXti: - (A/C.No): E-MAIL 3657 Briarpark Dr.,Ste.700 ADDRESS: Houston TX 77042 INSURE/4*AFFORDING COVERAGE _NAIC II - (866)260-3538 TXClientSrvUT@lockton.com INSURER A:Allmerica Financial Benefit Insurance Co 41840 INSURED Mobile Health Diagnostics LLC INSURER B:Lexington Insurance Company 19437 1488908 12303 Airport Way#160 INSURER C: Broomfield CO 80021 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 22206979 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IPOLICY EFF POLICY EXP LT R TYPE OF INSURANCE A SUER (MMIDD/YYYY) (MM DDIYYYY)LTR W80 WVD POUCY NUMBER UMITS A X COMMERCIAL GENERAL LIABIIJTY N N Z2D M097453 00 7/16/2025 7/16/2026 EACH OCCURRENCE S 1,000,000 DAMAGE TO CLAIMS-MADE X OCCUR PREMISES(EaENTED occurrence) S 1,000,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 X POLICY JECT LOC PRODUCTS-COMP/OPAGG s Included OTHER- S A, AUTOMOBILE LIABILITY N N Z2D M097453 00 7/16/2025 7/16/2026 COMBINED SINGLE LIMIT $(Ea acc dent) 1,000,000 ANY AUTO BODILY INJURY(Per person) S XXXXXXX — OWNED_ AUTOS ONLY � AUTO SCHEDULED BODILY INJURY(Per accident) S XXXXXXX X HIRED X NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY _ AUTOS ONLY (Per accident) _ $ XXXXXXX A X UMBRELLA LIAB X OCCUR N N Z2D M097453 00 7/16/2025 7/16/2026 EACH OCCURRENCE _ S 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE S 5,000,000 DED RETENTION S $ XXXXXXX A WORKERS COMPENSATION N X PER OTH- AND EMPLOYERS'LIABILITY Y/N W2D M087617 00 7/16/2025 7/16/2026 STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ri E.L.EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? N I (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POUCY LIMIT S 1,000,000 B Professional Liability N N 6799312 7/16/2025 7/16/2026 $1,000,000 Each Medical Incident $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Contract Form Entity Information Entity Name* Entity ID* New Entity? Please use the job MOBILE HEALTH DIAGNOSTICS LLC SUP-49871 aid linked here to add a 0 supplier in Workday. Contract Name* Contract ID Parent Contract ID HEARING CONSERVATION PROGRAM 2026 10462 Requires Board Approval Contract Status Contract Lead* YES CTB REVIEW BPETERSON Department Project# Contract Lead Email bpeterson@weld.gov Contract Description* CONTRACTING MOBILE HEALTH DIAGNOSTICS AGAIN FOR 2026 - WE CURRENTLY HAVE APPROX. 30 PUBLIC WORKS EMPLOYEES IN A HEARING CONSERVATION PROGRAM TO COMPLY WITH MSHA REGULATIONS. WE ARE WANTING TO EXTEND THE PROGRAM TO FACILITIES AND FLEET. Contract Description 2 FOR 2026, THE AGREEMENT IS SHOWING THAT WE WOULD PAY $2,090 FOR MOH TO COME ONSITE FOR ONE DAY TO COMPLETE 96 HEARING SCREENINGS, WITH THE OPPORTUNITY TO ADD AN ADDITIONAL HALF DAY FOR $1 , 61 0 FOR 40 MORE EMPLOYEES, IF NEEDED. Contract Type* Department Requested BOCC Agenda Due Date AGREEMENT HUMAN RESOURCES Date* 03/14/2026 03/18/2026 Amount* Department Email $3,980.00 CM- Will a work session with BOCC be required?* HumanResources@weld.g NO Renewable* ov YES Does Contract require Purchasing Dept. to be Department Head Email included?* Automatic Renewal CM-HumanResources- NO Grant DeptHead@weld.gov IGA County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* Renewal Date* 01 /18/2027 03/18/2027 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel JILL SCOTT CHRIS D'OVIDIO BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 03/12/2026 03/13/2026 03/13/2026 Final Approval BOCC Approved Doc ID# AG 031826 BOCC Signed Date Originator BOCC Agenda Date BPETERSON 03/18/2026 Hello