HomeMy WebLinkAbout940333.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT FOR HIV TESTING BETWEEN UNIVERSITY
OF NORTHERN COLORADO STUDENT HEALTH CENTER AND 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
for HIV 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 Health
Department, and the University of Northern Colorado Student Health Center,
commencing January 1, 1994, and ending December 31, 1994, 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 HIV 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 Health Department, and
the University of Northern Colorado Student Health Center 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 6th day of April, A.D. , 1994, nunc pro tunc
December 1, 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, OLOORRADO
Weld County Clerk to the Board ��,�� 4ll A) j
/ y (� W. H. Webster, hairman
BY: / /� — J
Deputy Clerk to the oard Da a 1, -Tem
APPROVED )AS TO FORM: t
/ G r E. Baxter
County Att ey Co tance L. Harbert
arbara J. Kirkme er
940333
{4-1 .0 0,Q 0 �e r Ht; u�✓c�
PURCHASE OF SERVICES AGREEMENT
THIS GREEMENT, made and entered into this day
of , 1994, by and between the County of
Weld, Stat of Colorado, by and through the Board of County
Commissioners of Weld County, hereinafter referred to as "Weld
County" on behalf of the Weld County Health Department, hereinafter
referred to as "Health Department, " and the University of Northern
Colorado Student Health Center, hereinafter referred to as
"Contractor. "
WITNESSETH
WHEREAS, Contractor desires to offer confidential HIV testing
to the students at the University of Northern Colorado; and
WHEREAS, the Contractor desires to purchase this service from
Health Department; and
WHEREAS, Health Department desires to provide such service;
and
WHEREAS, the parties desire to reduce the terms of their
agreement to writing;
NOW THEREFORE, for and in consideration of the covenants,
conditions , agreements, and stipulations hereinafter expressed the
parties do hereby agree as follows :
1 . Term of Agreement
This Agreement shall be effective from the date of its
signing, nunc pro tunc January 1, 1994 through
December 31, 1994, and may be renewed each year
thereafter, by written agreement between the parties,
subject to the provisions of Paragraph 8 of this
Agreement.
2 . Compensation
In consideration of the services to be provided by the
Registered Nurse as set forth hereinafter, Contractor
agrees to pay Health Department fourteen ( $14 . 00) per
hour for nursing services, on an "as needed" basis,
unless otherwise agreed.
Page 1 of 7 Pages
940333
Health Department will submit an invoice to Contractor at
the end of each month services are provided. The invoice
will clearly itemize the services provided. Contractor
agrees to reimburse Health Department within 14 days
after submission of this invoice.
3 . Nursing Services
A. Nurse' s Qualifications
The Health Department may provide a different nurse
or the same nurse for each shift required by
Contractor, but the Nurse provided by Health
Department shall meet or exceed all of the
qualifications and requirements of Colorado law and
the Rules of the Colorado Department of Health for
registered nurses.
B. Nursing Services To Be Provided
Health Department agrees to provide a registered
nurse to perform the following professional
services, including but not limited to:
1 . Counselling services to students at the time
students request testing, and prior to the
blood draw.
2 . Draw blood and package it appropriately for
testing.
3 . Personally meet with the students concerning
the blood test results, and again provide
counselling to the students concerning the
test results .
4 . Provide appropriate equipment and materials in
order to adequately provide the above set
forth services .
C. To Whom Services Are to be Provided
The Health Department and the Contractor assure
compliance with Title VI of the Civil Rights Act of
1964, that no person shall, on the grounds of race,
color, sex, religion, age, national origin, or
individual handicap, be excluded from participation
Page 2 of 7 Pages
940333
in, be denied the benefits of, or be subject to
discrimination under any provision of this
Agreement.
4 . 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 the Registered
Nurse is not an employee of Contractor, but is providing
nursing services as an employee of Health Department.
5 . Limitations - Liabilities
Each party shall not be responsible or liable for acts or
omissions or failure to act by the other party. Accord-
ingly, Health Department agrees to indemnify and hold
Contractor harmless from any and all liability incurred
by acts or omissions or failures to act by Health
Department and, likewise, Contractor agrees to indemnify
and hold Health Department harmless from any and all
liability incurred by acts or omissions or failures to
act by Contractor.
6 . Indemnification
To the extent authorized by law, each party to this
Agreement shall indemnify, save and hold harmless the
Weld County Board of Commissioners or Weld County, or
both, against any and all claims, damages, liability, and
Court awards including costs, expenses, and attorney fees
incurred as a result of any act or omission by the
parties to this Agreement or their employees, agents,
subcontractors, or assignees pursuant to the terms of
this Agreement.
7 . Non-Assignment
This Agreement shall not be assignable without prior
written consent of Health Department or Contractor,
whichever is the non-assigning party.
Page 3 of 7 Pages
9493 3
8 . Termination
Either party may terminate this Agreement for cause, upon
ten ( 10) days written notice, and for any reason, so long
as thirty (30) days written notice of its intent to so
terminate is given to the other party. If this Agreement
is so terminated, Health Department shall receive that
compensation which duly reflects the actual number of
hours not previously reimbursed during which the
registered nurse provided services pursuant to 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.
HEALTH DEPARTMENT:
Weld County Department of Health
c/o Judy Nero
1517 16th Avenue Court
Greeley, CO 80631
UNC STUDENT HEALTH CENTER
UNC Student Health Center
c/o Bernard C. Kinnick, Ph.D.
Decker Hall
Greeley, CO 80639
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
Page 4 of 7 Pages
940:,1.13
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
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 hereto, or waiver
of, a breach by any other party, whether express or
implied, shall not constitute a consent to, waiver of, or
excuse for any other different or subsequent breach.
11 . Other Laws and Regulations Incorporated
This Contract is expressly made subject to all laws and
regulations of the United States, The State of Colorado
and the University of Northern Colorado. Contractual
provisions required by such laws and regulations, but not
having been set out herein, are hereby incorporated by
this reference as though expressly set out in full . All
parties to this Contract are hereby put on notice, and
charged with the responsibility of compliance with such
contract provisions as required by law.
12 . 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 .
13 . Funding
No portion of this Agreement shall be deemed to create an
obligation on the part of the County of Weld, State of
Colorado, or Health Department to expend funds not
otherwise appropriated during the term of this Agreement.
No portion of this Agreement shall be deemed to create an
obligation on Contractor to expend funds not otherwise
appropriated during the term of this Agreement.
Page 5 of 7 Pages
940n3
14 . Records
Each party agrees to keep any and all records and
information confidential, in compliance with all laws and
regulations concerning the confidentiality of such
records .
The Weld County Health Department shall be responsible
for maintaining student HIV rating records . No
information concerning participation or HIV rating for
any student participating under this Agreement shall
become a part of any student 's UNC health records .
15 . Inurement
This Agreement shall inure to the benefit of the heirs,
assigns, and successors in interest of the parties
hereto.
16 . 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, receiving services or
benefits under this Agreement, shall be deemed an
incidental beneficiary only.
IN WITNESS WHEREOF, the paries have hereunto set their hand
and seals this 61/t day of February, 1994, nunc pro tunc
January 1, 1994 . 4p,i/
WELD COUNTY HEALTH DEPARTMENT UNIVERSITY OF NORTHERN COLORADO
STUDENT HEALTH CENTER
k
Jo S. Pic le, M.S.E.H. Bernard C. Kinni k, Ph.D.
rector k // Director, Student Health Center
3/3O v )11u•,..4 3� /991r
Date
Date
Page 6 of 7 Pages
9473
•
BOARD OF COUNTY COMMISSIONERS -4 , 0S/Mr
WELD COUNTY, COLORADO •
Vice President, Student Affairs
W. H. b ter, Chairman d /byi Date
6 1999 4. cm
Date Pre ident
ATTEST: War3+ /( 77
Date
Weld County C erk to the Board •
sistant to the President
By: 1c ' ,A for Legal Affairs
Deputy Clerk to a Board
3 - 7
Date
ahlthatd.db
•
Page 7 of 7 Pages
1' mEmoRAnDum
1 Ia Bill Webster, Chairman r. - r"Mk" To
Board of County Commissioners April 1, 1994
COLORADO John Pickle, Director, Weld County Health-DeparUsen
From
UNC HIV Testing Contract
Subject:
Attached for Board review is the 1994 contract for HIV testing for the UNC
Student Health Center. This is a continuing service we have provided to the
University.
We would appreciate your approval of this contract.
940 333
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