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HomeMy WebLinkAbout910214.tiff RESOLUTION RE: APPROVE PURCHASE OF SERVICES AGREEMENT BETWEEN NEAL H. FELLERS, M.D. , AND THE WELD COUNTY HEALTH DEPARTMENT 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 a Purchase of Services Agreement between Neal H. Fellers, M.D. , and the Weld County Health Department, commencing January 1, 1991 and ending December 31, 1991, with the 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 between Neal H. Fellers, M.D. , and the Weld County Health Department 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 25th day of March A.D. , 1991, nunc pro tunc January 1, 1991. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY • ORADO Q-%r Weld County Clerk to the Board i ��r���� Gord . cy, pairman I Deputy Clerk to t7/,--- .1,7eile:144' oard :II Geo e Kennfdy, P o�/Teem AR@VEb S TO FORM: p onstance L. Harbert ounty Attorney C. W. Kirby W.H. Webster 910214 PURCHASE OF SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 25th day of March , 199D, by Weld County Colorado by and through the Board of County Commissioners on behalf of the Weld County Health Department, 1517 16th Avenue Court, Greeley, Colorado, 80631, hereinafter referred to as "Health Department," and Neal H. Fellers, M.D, hereinafter referred to as "Contract Physician. " WITNESSETH WHEREAS, the Health Department wishes to allow such Contract Physician to participate in Health Department's clinics, and WHEREAS, the Health Department and Contract Physician have entered into this Agreement in order to define the rights and obligations of the parties hereto. NOW, THEREFORE, for and in consideration of the premises and mutual agreements hereinafter contained, the parties hereto agree as follows: 1. Term of Agreement. The term of this Agreement shall be from January 1, 1991 through December 31, 1991. 2. Duties of Contract Physician. Contract Physician shall attend certain clinics sponsored by Health Department. Said contract physician shall perform all necessary tasks which are required of physicians at said clinics. 3. Duties of Health Department. In return for the services set forth above, Health Department agrees to pay to Contract Physician on an hourly basis, payable on or before the fifteenth (15th) day of each month following the rendering of services, the sum of $35.00 per hour. 4. Independent Contractor/Employee Status. The parties hereto agree that the Contract Physician is not an employee of Weld County, but is an independent contractor. 5. Qualifications of Contract Physician. The Contract Physician participating in the program with Health Department under this Agreement shall meet all minimum qualifications for such physician as required by the State of Colorado. 6. Unemployment Compensation. Workers' Compensation. Malpractice Insurance. The responsibility for providing unemployment compensation and workers' compensation pursuant to Colorado law for said Contract Physician or his or her employees shall be Contract Physician's and shall in no way be the responsibility of Health Department. The Health Department will be responsible for providing malpractice insurance for the Contract Physician while he or she is performing his or her duties for the clinics as required by this Agreement. The Contract Physician will be fully insured for any and all malpractice claims which may arise out of the participation of said Contract Physician in Health Department sponsored clinics. � /Da � � 7. Indemnification. Contract Physician hereby agrees to indemnify the Board of County Commissioners of Weld County, its employees and agents from any and all liability, loss, or damage the Board of County Commissioners of Weld County, its employees and agents may suffer as a result of claims, demands, costs, or judgements against it arising out of the participation of said Contract Physician. 8. Third Party Liability/Waiver of Immunities: No portion of this Agreement shall be deemed to constitute a waiver of any immunities the 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. 9. Non-Assignment. Contract Physician and Health Department agree that this is a personal services contract and such contrsct is not assignable without the advance written consent of either Health Department or Contract Physician. If Contract Physician is unable to attend scheduled clinic due to emergent/urgent medical needs, he/she will notify Medical Director or assigned clinical staff of replacement physician. 10. Amendments. Changes or adjustments to this Agreement, if required, shall be made in writing upon the mutual agreement of both parties. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of March 25, 1991 , but this Agreement shall be in effect from January 1, 1991. CONTRACT PHYSICIAN WELD COUNTY HEALTH DEPARTMENT de.4/9 Neal H. Fellers, M.D. Randolph L. Gordon, M.D. , M.P.H. Director WELD COUNTY BOARD OF COMMISSIONERS Gor n E. La , Chairman ATTEST: /004/4/1/444 ��`Bo Weld County Clerk �to the Board BY: cJ /) Tr a-16/0 -16/L/ Deputy Cl k to the Board �l 0 2( Li igicic MEMORAnDum Gordon ord E. Lacy, Chairman rman ^ Board of County Commissioners March 19, 1991 f To Date Jeannie K. Tacker, Business Manager, Health Departmen . COLORADO From Physicians' Contracts Subject: Enclosed for Board approval are two contracts between the Weld County Health Department and the following physicians: 1. Neal Fellers, M.D. 2. Jim Hicks, M.D. These contracts cover the physicians attendance at clinics at the Health Department. For their participation, they will receive reimbursement of $35 per hour. The term of Dr. Fellers contract is from January 1, 1991 through December 31, 1991. The term of Dr. Hicks contract is from January 1, 1991 through June 30, 1991. If you have any questions, please feel free to contact me. JKT/ja Enclosures �( / U)-J Li Hello