HomeMy WebLinkAbout951722.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PATHOLOGIST SERVICES BETWEEN HEALTH
DEPARTMENT AND JERRY WEIL, M.D., 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 Pathologist Services
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 Jerry Weil,
M.D., commencing November 1, 1995, and ending October 31, 1996, 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 Agreement for Pathologist Services 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 Jerry Weil, M.D., 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 16th day of August, A.D., 1995.
Clerk to the Board
eputy Cler'}o the Board
-APP D AS TO FORM:
ounty AttorrLey
Dale K. Hall, Chairma
BOARD OF COUNTY COMMISSIONERS
D COUNTY, CQLORADO
FXrtiSFn DATF r)F SIfNINf;
Barbara J. Kirkmeyer, Pro rem
FxrIisFn
Geor a E. Baxter
j%I
W. H. VVebster
(AYF)
951722
HL0021
AGREEMENT FOR PATHOLOGIST SERVICES
-PURSUANT TO CLIA
THIS AGREEMENT is madeand entered into the date and year set forth below 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 CountyDepartment of Health, here-inafter referred to as
"Weld County", and Jerry Weil, M.D., hereinafter referred to as "Pathologist."
WITNESSETH:
WHEREAS, the Federal ClinicalEaboratory Improvement Act ("CLIA"), 42 USCS 263A,
requires Weld County to obtain the services of a Pathologist to review the organization and
procedures of the laboratory operated by the Weld County Health Department; and
WHEREAS, Weld County desires to enter into an agreement with Pathologist to Perform
such duties; and
WHEREAS, Pathologist and Weld County desire to enter into a written contract whereby
Pathologist would perform the duties required by CLIA.
NOW, THEREFORE, for and in consideration of the promises and mutual agreements
contained herein, Weld County and Pathologist hereby agree as follows:
1. Recitals
Theabove recitals are incorporated herein by reference.
2. Term of Agreement
This Agreement shall be effective for the period from November 1, 1945, to and until
October 31, 199_6, and may besenewedby written agreement of the -parties -each year
thereafter, subject -to the provisions of paragraph 8 of this Agreement.
3. Compensation
In consideration of the services to be provided by Pathologist -as set forth hereinafter,
Weld County agrees -to pay Pathologist as follows:
A. $75.00 per hourfor on -site consultation fees (on -site visits);
Page I of 7 Pages
251"722
B. $.25 per -mile for actual miles traveled in performance of duties with the Weld
County Health Department Laboratory.
C. Professional consultation fee of $600 per -month.
In any case, the total amount paid to Pathologistsluring the term -of this Agreement
shall be paid in twelve (12) approximately equal installments and shall not exceed
$145400 for all travel and services provided by Pathologist.
Pathologist shall present a billing statement on or before the tenth of the -month for
services rendered during the preceding month. Weld County will pay all bills
submitted within thirty (30) days after their receipt.
4. Pathologist Services
A. Pathologist Oualifications
Pathologist shall meeter exceed all of the qualifications and requirements of
Colorado law and the Rules of the Colorado Department of Health.
If Pathologist is not available for a lengthy -period of time, on a temporary
basis, his duties, responsibilities, and obligations under this Agree-ment may
be delegated to any designee, previously approved by Weld County, which
designee shall also meet or exceed the qualifications -and requirements of
Colorado law and the Rules of the Colorado Department of Health.
Professional Services
Pathologist agrees to provide the following professionaLservices, including,
but not limited to:
1) Prepare a checklist, based upon CLIA require-ments, for the use of
laboratory staff to comply with CLIA-requirements.
2) Physically visit and inspect the Weld County Health Department
Laboratory approximately twice per month, at such times as the
parties agree.
3) If possible, be personally present to observe during any CLIA
inspection of the Weld County Health Department Laboratory.
Page 2 of 7 Pages
951722
4) Advise Weld County Health Department Labora-tory staff concerning
follow -upon any CLIA inspection findings requiring such follow-up.
5) Perform quality control and quality assurance overview.
6) Perform timely overview of the medically related tests performed by
the Weld County Health Department Laboratory.
7) Performnecessary professional duties, including, but not limited to,
research of -regulations and preparation of plans, proce-dures, and
reports.
5. 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 Pathologist is not an
employee of Weld County, but is providing services as -an independent contractor.
6. Limitations - Liabilities - Indemnification
Each party shall not be responsible or liable for acts, omissions, or failure to act by
the other party. Accordingly, Weld Countyagrees to indemnify and hold Pathologist
harmless from any and all liability incurred by acts, omissions, or failures to actby
Weld County, its employees, agents, subcontractors, and assignees. Pathologist
agrees to indemnify and hold Weld County, its employees, agents, subcontractors,
and assignees harmless from any and all liability incurred by acts, omissions, or
failures to act by -Pathologist pursuant to the terms of this Agreement. The term
"liability" includes, but is not limited to, any and all claims, damages, and court
awards including costs, expenses, and attorney fees incurred as a result ofany acts
or omissions by the applicable -party who acted or failed to act.
7. Non -Assignment
This Agreement shall not be assignable without prior written consent of Weld
County or Pathologist, whichever is the non -assigning party.
Page 3 of 7 Pages
951722
8. Default and Termination
A. Default by Weld County
Upon the default or breach of any term or provision of this Agreement by
Weld County, Pathologist shall promptly notify Weld County of the actions
which have caused such default or breach. If such default or breach is not
cured within thirty (30) days after the delivery of such notice, Pathologist
may, at his election, declare this Agreement to be null and void and proceed
to seek any remedies to which he may be entitled under the law. If such a
breach or default is the non-payment of compensa-tion described in
paragraph 2, above, and such payment is not made within the thirty (30) days
cure period, such payment shall accrue interest at the rate of 18 percent per
annum from the due date of such payment until such payment is made.
B. Default by Pathologist
Upon the default or breach of any term or provision of this Agreement by
Pathologist, Weld County shall promptly notify Pathologist of the actions
which have caused such default and breach. If such default or breach is not
cured within the thirty (30) days after the delivery of such notice, Weld
County may, at its election, determined by majority vote, declare this
Agreement to be null and void and proceed to seek any remedies to which it
may be entitled under the law.
C. Termination by Weld County
Weld County may terminate this Agreement for cause upon ten (10) days
written notice and for any reason so long as sixty (60) days written notice of
its intent to so terminate is given to Pathologist. If this Agreement is so
terminated, Pathologist shall receive that compensation which duly reflects
the actual number of hours during which Pathologist provided services,
pursuant to the terms of this Agreement.
D. Termination by Pathologist
Pathologist may terminate this Agreement for cause upon ten (10) days
written notice and for any reason so long as sixty (60) days written notice of
his intentto so terminate is given to Weld County. If this Agreement is so
Page 4 of 7 Pages
951722
terminated, Pathologist shall be compensated for the services provided by the
Pathologist up to the date of termination, pursuant to the terms of -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
addressesset 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.
PATHOLOGIST:
Jerry Weil, M.D.
1404 23 rd Avenue Court
Greeley, CO 80631
WELD COUNTY:
Weld County Board of County Commissioners
915 Tenth Street
Greeley, CO 80632
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 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, whether express or implied, shall not constitute a consent
to, waiver of, or excuse for any other different or subsequent breach.
Page 5 of 7 Pages
951722
11. 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.
12. 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 records
and information for Weld County and shall make appropriate information available
to other parties as necessary for the performance of this Agreement, subject to the
laws and regulations concerning confidentiality.
13. Inurement
This Agreement shall inure to the benefit of the heirs, assigns, and successors in
interest of the parties hereto.
14. 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.
Page 6 of 7 Pages
951722
IN WITNESS WHEREOF, the parties have hereunto set their hand and seals on
�� /6 , 1995.
WELD COUNTY HEALTH DEPARTMENT PATHOLOGIST
3/4 r -
Date
TY CLERK TO THE BOARD
BY:
Dep-n;c1:11 the Board
patholo.db
711,014
Date
COUNTY OF WELD, STATE OF
COLORADO, BY AND THROUGH THE
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
Dale K. Hall, Chairm
08/16/95
Date
Page 7 of 7 Pages
951722
ft
COLORADO
RADO
mEmoRAnuum
Dale Hall, Chairman
To Board of County Commissioners Date August 11
From
John Pickle, Director, Health Departmen
Subject:
Agreement for Pathologist Services
Enclosed for Board approval is an agreement between Weld County Health Department and Jerry
Weil, M.D., for pathologist services.
The Federal Clinical Laboratory Improvement Act (CLIA) requires Weld County to obtain the
services of a pathologist to review the organization and procedures of the laboratory operated by
the Health Department. Through this contract, Dr. Jerry Weil will provide such services to the
Health Department.
The term of this agreement is from November 1, 1995 , to and until October 31, 1996.
I recommend you approval of this agreement.
9S 1722
n
Hello