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HomeMy WebLinkAbout921039.tiff RESOLUTION RE: APPROVE PURCHASE OF SERVICE AGREEMENT WITH WILLIAM C. BENDER, D.D.S. , 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 Service Agreement between the Family Educational Network of Weld County (FENWC) and William C. Bender, D.D.S. , commencing October 1, 1992, and ending June 30, 1993, 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 Service Agreement between the Family Educational Network of Weld County (FENWC) and William C. Bender, D.D.S. , 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 28th day of October, A.D. , 1992, nunc pro tunc October 1, 1992. BOARD OF COUNTY COMMISSIONERS ATTEST: ; ' , : WELD CO TY, COLORADO Weld County Clerk to the Board Geor e Ke edy, hairman BY: /7 LL C Deputy Cleft to the Board nstance L. Harbe t -Tem APPROVED AS 0 FORM: C. W. Ki by County Attorney Go . L cy . / (. Ql W. H. Webster 921039 d05(4 c_e..; /IR d PURCHASE OF SERVICE AGREEMENT THIS AGREEMENT, made and entered into this 1st day of October, 1992 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 Division of Human Resources' Family Educational Network of Weld County, hereinafter referred to as "FENWC" and William C. Bender, D.D.S. , hereinafter referred to as "Dentist." WITNESSETH That for and in consideration of the covenants herein agreed to be kept and performed, the Dentist hereby agrees to provide to FENWC the following described services based upon the following terms and conditions: 1. FENWC agrees to arrange transportation for Head Start children to the appointed dentist as needed. This will enable parents to be transported with their children to attend their child's scheduled appointment at the designated Dentist's office. 2. The Dentist shall provide prophylaxis therapy and application of topical fluoride for each Head Start child. The Dentist agrees to provide all restoration and/or extractions as deemed necessary on each referred child. 3. FENWC agrees to reimburse the Dentist $40.00 per child for these services up to sixty (60) plus children. 4. FENWC will not be charged for those children covered by Public Assistance. Medicaid numbers shall be provided at the time of the appointment and billing will be sent to the appropriate agency by the Dentist. 5. For services not reimbursed by FENWC, the amount will be designated as In- Kind Contribution to the FENWC Program on behalf of the Dentist. 6. The term of the Agreement is October 1, 1992, through June 30, 1993. 7. Assurances: a. The Dentist agrees that it is an independent contractor and that its officers, employees, and clients do not become employees of Weld County, and therefore are not entitled to any employee benefits as Weld County employees, as a result of the execution of this Agreement. b. FENWC, the Weld County Board of Commissioners, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of the Dentist, its employees, volunteers or agents while performing this Agreement. The Dentist, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of FENWC, the Weld County Board of Commissioners, its officers and employees. The respective contracting parties shall provide such liability insurance and worker's compensation coverage as each deems appropriate, and as required by the Colorado Worker's Compensation Act. 9:1.033 c. 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. d. 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 appropriate in each succeeding year. e. No officer, member, or employee of Weld County, and no member of their governing bodies shall have any pecuniary interest, direct, or indirect in the approved Agreement or the proceeds thereof. f. The Dentist understands that monitoring and evaluation of the performance of this Agreement shall be conducted by the Weld County Division of Human Resources and the results provided to the Weld County Board of Commissioners. g. The Dentist and FENWC assure compliance with Title VI of the Civil Rights Act of 1986, and that no person shall, on the grounds of race, creed, color, sex, handicap, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under the approved Agreement. 8. All modifications to this Agreement shall be in writing and signed by both parties. 9. This Agreement may be terminated by either party giving a thirty (30) days written notice to the other party. If funding to FENWC should cease, this Agreement will terminate immediately. If FENWC funding should be reduced, this Agreement will be renegotiated immediately to reflect funding changes. IN WITNESS WHEREOF, the parties above hereunto placed their hands as of the date first written above. WELD COUNTY BOARD OF COMMISSIONERS DENTIST George K nedy Chairman,/, 0 22 i4— William C. Bender, D.D.S. ATTEST: I� ✓ �l/ G�ZL�r//T WELD COUNTY CLERK TO T BOARD BY dL Deputy Clerk to the Bo WELD COUNTY DIVISION OF HUMAN RESOURCES er J. Speckman, Executive Director 921039 • { mEmoRAnDum Wi( To George Kennedy, Chairman Dam October 26, 1992 COLORADO From Walter J. Speckman, Executive Director, Human Resources (CA.. Subject: Purchase of Service Agreement between FENWC and Dr. Bender Enclosed for Board approval is a Purchase of Service Agreement between the Family Educational Network of Weld County (FENWC) and William C. Bender, D.D.S. Dr. Bender agrees to provide the following services to sixty (60) Head Start children: Prophylaxis therapy and application of topical fluoride Restoration and/or extractions as deemed necessary on each referred child FENWC agrees to reimburse Dr. Bender $40.00 per child for services. FENWC will not be charged for those children covered by Public Assistance. Medicaid numbers shall be provided at the time of the appointment and billing will be sent to the appropriate agency by Dr. Bender. For services not reimbursed by FENWC, the amount will be designated as In-Kind Contribution to the FENWC Program on behalf of Dr. Bender. The term of the Agreement is October 1, 1992 through June 30, 1993. If you have any questions, please telephone Tere Keller-Amaya at 356-0600. 921039 Hello