HomeMy WebLinkAbout920983.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR BIO-MEDICAL SERVICES BETWEEN NORTH COLORADO MEDICAL
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 an Agreement for Bio-Medical
Services between North Colorado Medical Center and Weld County Health Department,
commencing June 1, 1992, and ending May 31, 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 Agreement for Bio-Medical Services between North
Colorado Medical Center and 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 12th day of October, A.D. , 1992, nunc pro
tunc June 1, 1992.
LIVAILL
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to t e Board
/� G e Ken y, Chairman
BY: / it/c..-6.4--( 47t„,td-c-t
Zx
Deputy Clerk to the Boj� Constance L. Harber , Pro-Tem
APPROVED AS TO M:
C. W. Kirby
County Attorney Gordon . acy
4L11 &Ida
W. H. Webster
920983
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AGREEMENT FOR BIO-MEDICAL SERVICES ��
Tills AGREEMENT is made and entered into by and between NORTH COLORADO MEDICAL
CENTER, INC., of Greeley, Colorado, hereinafter referred to as "NCMC," and WELD COUNTY
HEALTH DEPARTMENT, hereinafter referred to as "FACILITY".
WITNESSETH:
WHEREAS, NCMC provides the services of bio-medical service technicians who are adequately
trained to service bio-medical equipment, and;
WHEREAS, Facility desires to retain the services of these bio-medical technicians for preventative
maintenance and other services to bio-medical equipment,
Now, THEREFORE, in consideration of the foregoing premises and other mutual covenants and
obligations hereinafter set forth, the parties hereto agree as follows:
1. Services. NCMC agrees to provide bio-medical equipment maintenance services which
are necessary to maintain equipment covered under this Agreement. The Bio-Medical
Service of NCMC shall perform regular quality assurance activities that conform to all
Colorado Department of Health Regulations and JCAHO standards. NCMC will
quarterly provide the facility with evidence of such quality assurance activities. Services
provided include and are limited to the following:
1.1 Interim Emergency Services. Interim emergency services includes, when
feasible, the diagnosis and correction of equipment malfunctions and failures
necessary to return the equipment to the performance level that existed prior to
the malfunction or failure. Interim emergency services may consist of temporary
procedures to be followed by Facility while a permanent remedy is sought or it
may consist of on-site services. Upon receiving a telephone call from Facility,
NCMC bio-medical technicians will assist Facility with questions, in identifying
problems, in resolving equipment failures, in providing work arounds if possible,
or in arranging on-site services. Necessary repairs will be performed according
to the manufacturer's procedures, Uniform Building Code (UBC), the National
Fire Protection Act (NFPA), the National Electrical Code (NEC), or other such
accepted standards and is intended to meet the requirements of the Joint
Commission on Accreditation of Healthcare Organizations for performance
assurance.
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1.2 Preventative Maintenance Services. For certain qualified equipment preventative
maintenance will be performed. This service includes cleaning, adjusting,
lubricating, testing procedures and safety inspections designed to reduce
equipment failure and/or extend equipment life. Necessary repairs will be
performed according to the procedures and at the frequencies recommended by
the equipment manufacturer. Preventative maintenance will be performed during
the period of coverage on a mutually agreed upon schedule, or coincident with
Interim Emergency Services. NCMC shall perform regular quality assurance
activities that conform to all Colorado Department of Health Regulations and/or
the Joint Commission on Accreditation of Healthcare Organizations (JCAHO)
standards. NCMC will provide the Facility with evidence of such quality
assurance activities on a quarterly basis.
1.3 On-Site Consulting Services. Upon request from Facility, NCMC bio-medical
technicians will provide Facility with maintenance inservices and other consulting
services.
2. Period of Coverage. NCMC shall provide interim emergency services 24 hours per
day, Monday through Friday. Emergency service requests on weekends which require
on-site services may be deferred until the next working day. Preventative maintenance
services are typically scheduled during regular working hours of 7:00 a.m. to 3:30 p.m.,
Monday through Friday.
3. Response Time. Two (2) hours is the maximum response time for returning calls. If
the problem is determined by NCMC to be a failure requiring on-site service, a service
technician will be dispatched. NCMC provides on-site response within twenty four (24)
hours or less, Monday through Friday, and by the next working day on weekends and
holidays.
4. Limitation of Service. NCMC shall be under no obligation to furnish services for non-
qualified equipment. Non-qualified equipment is:
4.1 Any equipment which has been modified by Facility.
4.2 Any equipment maintained under this Agreement in which Facility does not allow
NCMC to incorporate manufacturer recommended enhancements or
improvements.
4.3 Any equipment which is outside its manufacturer's specified service life.
5. Access. NCMC shall have full and free access to the equipment to provide maintenance
service thereon, subject to Facility's security and administrative requirements.
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6. Examination of Records. Contractor agrees to retain and make available upon request
for a period of four (4) years after the furnishing of such services as described in this
contract, the contract, books, documents and records which are necessary to certify the
nature and extent of the cost thereof when requested by the Secretary of Health and
Human Services or the Comptroller General, or any of their duly authorized
representatives.
If Contractor carries out any duties of this contract through a subcontract with a related
organization, valued at $10,000 or more over a 12-month period, the subcontract shall
also provide that the Secretary of Health and Human Services or the Comptroller General
may have access to the subcontract and the subcontractor's books, documents and records
necessary to verify the costs of the subcontract for a period of four (4) years after the
services have been furnished.
This provision relating to the above retention and production of documents is included
because of possible application of Section 1061 (v) (1) (I) of the Social Security Act to
this Agreement; if this Section should be found inapplicable, then this clause shall be
deemed to be inoperative and without force and effect.
7. Equipment Transport. When deemed expedient by a NCMC bio-medical technician,
service may be provided by shipment of the equipment to NCMC facilities. Such
equipment shall be returned to Facility as soon as it is restored to operating condition.
8. Indemnification. NCMC shall indemnify and save harmless the Facility against all
actions, claims and demands whatsoever, including costs, expenses and attorney's fees
resulting from or claimed to have resulted from any negligent acts of NCMC or its
employees or agents.
Facility shall indemnify and save harmless NCMC against all actions, claims and
demands whatsoever, including costs, expenses and attorney's fees resulting from or
claimed to have resulted from any negligent acts of the Facility or its employees or
agents.
9. Limitation of Liability. NCMC shall not be liable under any circumstances for any
incidental, special or consequential damages or economic loss, based upon breach of
warranty, breach of contract, negligence, strict liability in tort or any other legal theory,
even if NCMC has been advised of the possibility of such damages, including but not
limited to loss of profits, revenue or equipment use.
10. Insurance. NCMC agrees to secure and maintain in force during the term of this
Agreement comprehensive general liability, including blanket contractual liability, and
automobile insurance coverages, each with minimum limits of One Million Dollars
($1,000,000).
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11. Warranty. NCMC warrants that equipment maintenance services performed under this
Agreement by NCMC will be performed competently and in accordance with industry
practices, and equipment and service parts furnished by NCMC will be operational upon
installation. Because it is impossible to predict the service life of parts and the use of
equipment, the services provided under this Agreement are not intended to guarantee the
safe operation of equipment for every use. Facility is always expected to check for
proper operation of equipment in accordance with good operating practice and the
manufacturer's guidelines. NCMC makes no other warranties, either express or implied
with respect to the quality or availability of equipment maintenance services.
12. Payment. In consideration of NCMC's agreement to provide equipment maintenance
services, Facility agrees to pay NCMC fees for such services as provided in Exhibit A.
Changes in the above rates may be made by NCMC upon giving 60 days prior written
notice to Facility. Payments to NCMC of all invoices will be made within 30 days of
each invoice date. NCMC reserves the right to assess a one and one-half percent (1
1/2%) monthly service charge on delinquent invoices except that any such charge shall
be limited to the charge allowable by law. Facility will also reimburse NCMC for all
collection expenses, including reasonable attorneys fees relative to amounts billed by
NCMC which have not been paid within thirty days.
13. Tenn. This Agreement shall become effective as of June 1, 1992 and shall continue in
force and effect until May 31, 1993 unless terminated as provided for hereafter.
14. Termination. Either party may terminate this Agreement without cause upon forty-five
(45) days written notice to the other party. In the event of a material breach of any of
the terms of this Agreement, either party shall give written notice as provided in Section
16 to the other party who shall have thirty (30) days to cure the breach, or this
Agreement may be terminated thereafter at the option of the party claiming the breach.
15. Assignment. This Agreement shall be binding on and inure to the benefit of the parties
to it and their respective heirs, legal representatives, successors and assigns. NCMC
reserves the right to delegate its duties provided that NCMC obtains prior written consent
of the Facility. Such consent not to be unreasonably withheld.
16. Notices. Any notice required to be given under this Agreement shall be in writing and
shall be sent by certified mail, return receipt requested, postage pre-paid, to NCMC at:
Director, Contract Management Office
North Colorado Medical Center
1801 16th Street
Greeley, CO 80631
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And to Facility:
Mr. Wes Potter, Director
Health Protection Services
Weld County Health Department
1516 16th Avenue Court
Greeley, CO 80631
17. All Modifications to be in Writing. No variation or modification of this Agreement
whether by Facility's purchase order or otherwise, and no waiver of any of the
Agreement's provisions or conditions shall be binding unless in writing and signed by
duly authorized agents of NCMC and Facility.
18. Interruptions. In the event that the operation of NCMC's services are interrupted by
war, fire, labor troubles, the elements, acts of God, or any other cause beyond NCMC's
control, the provisions of this Agreement which NCMC is incapable of performing shall
be suspended for the duration of such interruption.
19. Waiver. The waiver of any breach of or default under this Agreement by either party
shall constitute a waiver only as to such particular breach or default and shall not
constitute a waiver of any other breach or default. No claim or right arising out of
a breach of this Agreement can be discharged in whole or in part by waiver or
renunciation of a claim or right unless the waiver or renunciation is in writing and signed
by an officer of the aggrieved party.
20. Governing Law. This Agreement shall be construed in accordance with and governed
by the laws of the State of Colorado.
21. Independent Contractor Status. NCMC's relationship to the Facility during the term
of this Agreement shall be that of an independent contractor.
22. Entire Agreement. This Agreement supersedes and terminates any and all prior
agreements, if any, whether written or oral, and all communications between the parties
with respect to the subject matter of this Agreement. The Facility agrees that it has not
relied on any representation, warranty or provision not explicitly stated in this
Bio-Med.W NdCtyHeakh/0992.01
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Agreement, that no oral statement has been made to it that in any way tends to waive any
of the terms or conditions of this Agreement, and that this Agreement, constitutes the
final written expression of all terms of the Agreement, and it is a complete and exclusive
statement of those terms. These terms and conditions shall prevail notwithstanding any
additional or different terms and conditions of any purchase order or other document
submitted by Facility in respect to the services to be provided hereunder.
AGREED AND UNDERSTOOD:
NORTH COLORADO WELD COUNTY
MEDICAL CENTER, INC. HEALTH DEPARTMENT
By: By: �/>�
ike Bre
Director, upport Services
Date: R/ZZfZ Date: Z; -1g
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By: By.
Karl B. Gills it) i(,/93-
Sr. Vice President (�
Date: V71— Date: ( � /02_1 / 99„)
ATTEST: LUA2IhL4L
WELD COUNTY CLERK BOARD
By: /% � '.
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EXHIBIT A
NCMC will bill Facility, and Facility will pay NCMC in accordance with the following rate
schedule:
A. Interim Emergency Service performed during normal working hours of 8:00 a.m.
to 5:00 p.m., Monday through Friday, shall be charged at the rate of$35.00 per
hour, portal to portal, plus travel expenses.
B. Necessary repairs identified through preventative maintenance and performed
during normal working hours 8:00 a.m. - 5:00 p.m., Monday through Friday,
shall be charged at the rate of$35.00 per hour, portal to portal plus expenses.
C. Travel expenses shall include food and lodging billed at cost and mileage billed
at the rate of $.26 per mile.
D. Interim Emergency Service performed outside normal working hours of 5:00 p.m.
to 12:00 midnight, including Saturdays, Sundays, and holidays, shall be charged
at the rate of $52.50 per hour, portal to portal, plus expenses.
E. Any parts purchased by NCMC that are necessary for the repair of equipment
shall be charged to Facility in addition to the hourly rates specified above.
920283
mEmoRAnDum
W� 1 George Kennedy, Chairman
Board of County Commissioner
s October 5, 1992
0 To Date
tiV
COLORADO Jeannie K. Tacker, Business Manager, Weld County Health Dept. -'�
From
Agreement with NCMC for Bio-Medical Services
Subject:
Enclosed for Board approval is an agreement for bio-medical services between the
Weld County Health Department and North Colorado Medical Center, Inc. (NCMC)
North Colorado Medical Center will provide preventive maintenance and emergency
maintenance for the Health Department's laboratory bio-medical equipment. For
these services the Health Department will reimburse NCMC at a rate of $35.00 per
hour during normal working hours.
The term of this agreement shall be from June 1, 1992 through May 31, 1993.
If you have any questions, please feel free to contact me.
uU-1 920983
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