HomeMy WebLinkAbout940610.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT BETWEEN CHILDREN'S WORLD LEARNING
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
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
Children's World Learning 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 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 Children's World
Learning 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 27th day of June, A.D. , 1994, nunc pro tunc
January 1, 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: Lil/ G�t WELD COUNTY, COLORADO
Weld County Clerk to the Board Itta
Sir
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)� �� HSbster
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BY: Siteck C 1 inxaceiv
Deputy Cl to the Board Dale�Ky Hall, Pro- em
APPR v D AS TO FORM:
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/7e2xter
Coin nt/y Atto ey ` Constance L. Harbe2
ABarbara J. Kirkheyer
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PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 27th day of
June , 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 Health Department, hereinafter
referred to as "Health Department," and Children's World Learning
Center, hereinafter referred to as "Contractor. "
WITNESSETH:
WHEREAS, Contractor operates a day care center in Greeley,
Colorado, which is licensed by the Colorado Department of Social
Services; and
WHEREAS, Social Services regulations require that a registered
nurse be on staff at the day care center or available on a consultant
basis; and
WHEREAS, Contractor desires to purchase the services of a
registered nurse on a consultant basis 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.
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NOW, THEREFORE, for and in consideration of the covenants,
conditions, agreements, and stipulations hereinafter expressed, the
parties do hereby agree as follows:
1. Consulting Services : Health Department agrees to provide,
and Contractor agrees to purchase, the services of a
registered nurse on a consultant basis to the Contractor, to
review medical records and respond to inquiries concerning
health or medical matters, as needed.
2 . Term of Agreement: This Agreement shall be effective from
the date of its signing, nunc pro tunc January 1, 1994
through December 31, 1994.
3 . Compensation: In consideration of the services to be
provided by the registered nurse, Contractor agrees to pay
Health Department Twenty-Five Dollars ($25 .00) per hour for
the above-stated services on an "as needed" basis, unless
otherwise agreed.
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 fourteen ( 14) days after
submission of an invoice.
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4 . Nurse 's Qualifications: Health Department may provide a
different nurse or the same nurse for each service requested
by Contractor, but the nurse provided by Health Department
shall meet or exceed all of the qualifications and require-
ments of Colorado law and the rules of the Colorado Depart-
ment of Health for registered nurses.
5 . Parties ' Relationship: The parties to this Agreement intend
that the relationship 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.
6. Limitations--Liabilities--Indemnification: Each party shall
not be responsible or liable for acts, omissions, or failures
to act by the other party. Accordingly, Health Department
agrees to indemnify and hold Contractor harmless from any and
all liability incurred by acts, 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, omissions, or failures to act
by Contractor. Because Health Department is a department of
the Weld County Government, Contractor acknowledges that its
CIA f tsn
agreement to indemnify and hold harmless Health Department
extends to Weld County, its employees, agents, subcontrac-
tors, and assignees . The term "liability" includes, but is
not limited to, any and all claims, damages, and court awards
including costs, expenses, and attorneys fees incurred as a
result of any act or omission by the applicable party who
acted or failed to act.
7. 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.
8. Modification: This Agreement may be modified only upon
written agreement by both parties .
9 . 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 .
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10 . Termination: This Agreement may be terminated by either
party upon thirty (30) days written notice to the other
party.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed by their duly authorized representatives as of the day and
date first hereinabove written.
WELD COUNTY, COLORADO, BY AND
THROUGH THE BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY, ..
ON BEHALF OF THE WELD COUNTY
HEALTH DEPARTMENT CHILDREN'S WORLD LEARNING CENTER
W. ) We� er, Chairman 06 29/94 Director
ATTEST: Leatit
Weld County Clerk to the Board Co BY: J .e , ,� rneO OLD
Deputy Clerk
Approved by:
WELD COUNTY HEALTH DEPARTMENT
John Ø2CEJCDirec
anurse.gjb
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mEmoRAnDum _D CO TY
lunge To
Bill Webster, Chairman
Board of County Commissioners Dote Jung rips"L994) LI it: 19
COLORADO From John Pickle, Director, Weld County Health Departme
�,
T(� o E��;;, :.,
Subject: Purchase of Services Agreement with Children's 'Wor �d
Learning Center
Enclosed for Board approval is a purchase of services agreement between the Weld
County Health Department and Children's World Learning Center.
The Health Department will provide a registered nurse to Children's World
Learning Center on a consultant basis to review medical records and respond to
inquiries concerning health or medical matters as needed. Children's World will
reimburse the Health Department $25.00 per hour for the consulting services.
The term of this agreement shall be from January 1, 1994 through December 31,
1994.
I recommend your approval of this contract.
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