HomeMy WebLinkAbout940672 RESOLUTION
RE: APPROVE AGREEMENT FOR PATHOLOGIST SERVICES PURSUANT TO FEDERAL CLINICAL
LABORATORY IMPROVEMENT ACT (CLIA) AND AUTHORIZE CHAIRMAN TO SIGN
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 Pathologist
Services pursuant to CLIA, 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 Health Department, and Gary B. Clark, M.D. , M.P.A. , commencing May 16,
1994, and ending May 15, 1995, 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 Agreement for Pathologist Services pursuant to CLIA,
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 Health Department, and
Gary B. Clark, M.D. , M.P.A. , be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 20th day of July, A.D. , 1994, nunc pro tunc
May 16, 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: Lekitin
WELD COUNTY, COLORADO
Weld County Clerk to the Board "I / i // /(4 .i) (4
JJ- H. Webst" eY, C airma
f--
BY: ( (4('t / I 'JAL Lt_ L
Deputy C rk to the Board Dale K. Hall, Pro-T m
APP D AS TO FORM: EXCUSED
�— G/eo e E. Baxter
County Attor ey Constance L. Harbert
EXCUSED
Barbara J. Kirkmeyer
�J 940672
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( 7C l;!2-2C) cc . Fit) ,_Je1ii_r
AGREEMENT FOR PATHOLOGIST SERVICES
PURSUANT TO CLIA
THIS AGREEMENT is made and entered into, effective May 16 ,
1994, 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 Health, here-inafter referred to
as "Weld County" , and Gary B. Clark, M.D. , M.P.A. , hereinafter
referred to as "Pathologist. "
WITNESSETH:
WHEREAS, the Federal Clinical Laboratory Improvement Act
( "CLIA" ) , 42 USCS 263A, requires Weld County to obtain the services
of a Pathologist to review the organization and procedures of the
laboratory operated by the Weld County Health Department; and
WHEREAS, Weld County desires to enter into an agreement with
Pathologist to perform such duties; and
WHEREAS, Pathologist and Weld County desire to enter into a
written contract whereby Pathologist would perform the duties
required by CLIA.
NOW, THEREFORE, for and in consideration of the promises and
mutual agreements contained herein, Weld County and Pathologist
hereby agree as follows :
1 . Recitals
The above recitals are incorporated herein by reference.
2 . Term of Agreement
This Agreement shall be effective from the date of its
signing, nunc pro tunc May 16 , 1994, through May 15, 1995
and may be renewed by written agreement of the parties
each year thereafter, subject to the provisions of
paragraph 8 of this Agreement.
3 . Compensation
In consideration of the services to be provided by
Pathologist as set forth hereinafter, Weld County agrees
to pay Pathologist as follows :
A. $65 . 00 per hour for on-site consultation fees (on-
site visits) ;
Page 1 of 7 Pages
940672
B. $ .40 per mile for actual miles traveled to and from
the Weld County Health Department Laboratory.
Mileage shall not in any case exceed 260 miles for
each round trip;
C. Professional consultation fee of $560 per month.
In any case, the total amount paid to Pathologist during
the term of this Agreement shall be paid in twelve ( 12 )
approximately equal installments and shall not exceed
$14 ,256 for all travel and services provided by
Pathologist.
Pathologist shall present a billing statement on or
before the tenth of the month for services rendered
during the preceding month. Weld County will pay all
bills submitted within thirty (30) days after their
receipt.
4 . Pathologist Services
A. Pathologist Qualifications
Pathologist shall meet or exceed all of the
qualifications and requirements of Colorado law and
the Rules of the Colorado Department of Health.
If Pathologist is not available for a lengthy
period of time, on a temporary basis, his duties,
responsibilities, and obligations under this Agree-
ment may be delegated to any designee, previously
approved by Weld County, which designee shall also
meet or exceed the qualifications and requirements
of Colorado law and the Rules of the Colorado
Department of Health.
B. Professional Services
Pathologist agrees to provide the following
professional services, including, but not limited
to:
1) Prepare a checklist, based upon CLIA require-
ments, for the use of laboratory staff to
comply with CLIA requirements .
2 ) Physically visit and inspect the Weld County
Health Department Laboratory approximately
twice per month, at such times as the parties
agree.
Page 2 of 7 Pages
940672
3) If possible, be personally present to observe
during any CLIA inspection of the Weld County
Health Department Laboratory.
4) Advise Weld County Health Department Labora-
tory staff concerning follow-up on any CLIA
inspection findings requiring such follow-up.
5) Perform quality control and quality assurance
overview.
6) Perform timely overview of the medically
related tests performed by the Weld County
Health Department Laboratory.
7) Perform necessary professional duties,
including, but not limited to, research of
regulations and preparation of plans, proce-
dures, and reports .
5 . Parties ' Relationship
The parties to this Agreement intend that the relation-
ship between them contemplated by this Agreement is that
of independent entities working in mutual cooperation.
No employee, agent, or servant of one party shall be or
shall be deemed to be an employee, agent, or servant of
another party to this Agreement. Additionally, the
parties hereby acknowledge and agree that Pathologist is
not an employee of Weld County, but is providing services
as an independent contractor.
6 . Limitations - Liabilities - Indemnification
Each party shall not be responsible or liable for acts,
omissions, or failure to act by the other party.
Accordingly, Weld County agrees to indemnify and hold
Pathologist harmless from any and all liability incurred
by acts, omissions, or failures to act by Weld County,
its employees, agents, subcontractors, and assignees .
Pathologist agrees to indemnify and hold Weld County, its
employees, agents, subcontractors, and assignees harmless
from any and all liability incurred by acts, omissions,
or failures to act by Pathologist pursuant to the terms
of this Agreement. The term "liability" includes, but is
not limited to, any and all claims, damages, and court
awards including costs, expenses, and attorney fees
incurred as a result of any acts or omissions by the
applicable party who acted or failed to act.
Page 3 of 7 Pages
940672
7 . Non-Assignment
This Agreement shall not be assignable without prior
written consent of Weld County or Pathologist, whichever
is the non-assigning party.
8 . Default and Termination
A. Default by Weld County
Upon the default or breach of any term or provision
of this Agreement by Weld County, Pathologist shall
promptly notify Weld County of the actions which
have caused such default or breach. If such
default or breach is not cured within thirty ( 30)
days after the delivery of such notice, Pathologist
may, at his election, declare this Agreement to be
null and void and proceed to seek any remedies to
which he may be entitled under the law. If such a
breach or default is the non-payment of compensa-
tion described in paragraph 2 , above, and such
payment is not made within the thirty ( 30) days
cure period, such payment shall accrue interest at
the rate of 18 percent per annum from the due date
of such payment until such payment is made.
B. Default by Pathologist
Upon the default or breach of any term or provision
of this Agreement by Pathologist, Weld County shall
promptly notify Pathologist of the actions which
have caused such default and breach. If such
default or breach is not cured within the thirty
( 30) days after the delivery of such notice, Weld
County may, at its election, determined by majority
vote, declare this Agreement to be null and void
and proceed to seek any remedies to which it may be
entitled under the law.
C. Termination by Weld County
Weld County may terminate this Agreement for cause
upon ten ( 10) days written notice and for any
reason so long as sixty (60) days written notice of
its intent to so terminate is given to Pathologist.
If this Agreement is so terminated, Pathologist
shall receive that compensation which duly reflects
the actual number of hours during which Pathologist
provided services, pursuant to the terms of this
Agreement.
Page 4 of 7 Pages
940672
D. Termination by Pathologist
Pathologist may terminate this Agreement for cause
upon ten ( 10) days written notice and for any
reason so long as sixty (60) days written notice of
his intent to so terminate is given to Weld County.
If this Agreement is so terminated, Pathologist
shall be compensated for the services provided by
the Pathologist up to the date of termination,
pursuant to the terms of this Agreement.
9 . Notices
Any notice provided for in this Agreement shall be in
writing and shall be served by personal delivery or by
certified mail, return receipt requested, postage
prepaid, at the addresses set forth in this Agreement,
until such time as written notice of a change is received
from the party wishing to make a change of address . Any
notice so mailed and any notice served by personal
delivery shall be deemed delivered and effective upon
receipt or upon attempted delivery. This method of
notification will be used in all instances, except for
emergency situations when immediate notification to the
parties is required.
PATHOLOGIST:
Gary B. Clark, M.D. , M.P.A.
P.O. Box 1945
Silverthorne, CO 80498
WELD COUNTY:
Weld County Board of County Commissioners
915 Tenth Street
Greeley, CO 80632
10 . Modification and Breach
This Agreement contains the entire agreement and
understanding between the parties to this Agreement and
supersedes any other agreements concerning the subject
matter of this transaction, whether oral or written. No
modification, amendment, novation, renewal, or other
alteration of or to this Agreement and the attached
exhibits shall be deemed valid or of any force or effect
Page 5 of 7 Pages
940672
whatsoever, unless mutually agreed upon in writing by the
undersigned parties . No breach of any term, provision,
or clause of this Agreement shall be deemed waived or
excused, unless such waiver or consent shall be in
writing and signed by the party claimed to have waived or
consented. Any consent by any party, whether express or
implied, shall not constitute a consent to, waiver of, or
excuse for any other different or subsequent breach.
11 . Severability
If any term or condition of this Agreement shall be held
to be invalid, illegal, or unenforceable, this Agreement
shall be construed and enforced without such a provision,
to the extent this Agreement is then capable of execution
within the original intent of the parties .
12 . Records
Each party agrees to keep any and all records and infor-
mation confidential, in compliance with all laws and
regulations concerning the confidentiality of such
records .
The Weld County Health Department shall be responsible
for maintaining records and information for Weld County
and shall make appropriate information available to other
parties as necessary for the performance of this Agree-
ment, subject to the laws and regulations concerning
confidentiality.
13 . Inurement
This Agreement shall inure to the benefit of the heirs,
assigns, and successors in interest of the parties
hereto.
14 . No Third Party Beneficiary Enforcement
It is expressly understood and agreed that 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
contained 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 deemed an incidental
beneficiary only.
Page 6 of 7 Pages
940672
IN WITNESS WHEREOF, the parties have hereunto set their hand
and seals on the dates set forth below, nunc pro tunc May 16 , 1994 .
WELD COUNTY HEALTH DEPARTMENT PATHOLOGIST
S. Pickle, M.S.E.H. ry B. lark, M.D. , M.P.A.
4-7, d7;c cititt 7i
Date Date
ATTESLUPL4 COUNTY OF WELD, STATE OF
��!! COLORADO, BY AND THROUGH THE
WELD COUNTY CLERK TO THE BOARD BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY
BY: A�'k 19,011,0)25;
eputy Cler to the Bo d W. H. Web ter, Chairman /'g /9tf
I/9C/9v
Date
apathologist.gjb
WELD COUNTY DEP RT
BY.
HN . PICKLE, M.S.E. .
DIRECTOR
Page 7 of 7 Pages
940672
f&it kir mEmoRAn�um { r
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Ills . W.H. Webster, Chairman r" R., I n ,w4Board of County Commissioners Date July 18. `19914 II 2 To 4
COLORADO From John Pickle. Director. Health Department C.
Subject: Contract for Pathningiat Sprvirac
Enclosed for Board approval is a contract between the Weld County Health
Department and Gary B. Clark, M.D. , M.P.A. for pathologist services.
The Federal Clinical Laboratory Improvement Act (CLIA) requires Weld County to
obtain the services of a Pathologist to review the organization and procedures
of the laboratory operated by the Health Department. Through this contract,
Dr. Gary Clark will provide such services to the Health Department.
The term of this agreement shall be from May 16, 1994 through May 15, 1995.
The total amount paid to Dr. Clark shall be paid in twelve approximately equal
installments and shall not exceed $14,256 for all travel and services provided
by him.
I recommend your approval of this contract.
940672
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