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HomeMy WebLinkAbout960186 RESOLUTION RE: APPROVE PURCHASE OF SERVICES AGREEMENT FOR LABORATORY TESTING AND AUTHORIZE CHAIR 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 laboratory 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 Larimer County Health Department, commencing January 1, 1996, and ending December 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 Purchase of Services Agreement for laboratory 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 Larimer County Health Department, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair 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 14th day of February, A.D., 1996, nunc pro tunc January 1, 1996. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ' L " klet4th FxriisFn �� Barbara J. Kirkmeyer, Chair ty to the Board �' v 7G e.E(Baxter, Pro- m VI/ puty Clerk the Board Dale K. Hall APPROV AS TO FORM: " Qa-.1 L.Harbert Constance L. Harbert J ou A o ey (// / Y/O4 . ebster 960186 HL0022 CC : fft) Zan mer PURCHASE OF SERVICES AGREEMENT THIS AGREEMENT is made and entered into 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 "Weld County," and Larimer County Health Department, hereinafter referred to as "Larimer County." WITNESSETH: WHEREAS, Weld County Health Department has a laboratory which is able to perform testing for the detection of chlamydia trachomatis and also for the detection of neisseria gonorrhoea, and WHEREAS, Larimer County desires to purchase these services. NOW, THEREFORE, for and in consideration of the premises and mutual covenants contained herein, the parties hereto covenant and agree as follows: 1. TERM: This Agreement shall be in effect for the period January 1, 1996 through December 31, 1996. 2. RESPONSIBILITIES: a. Weld County will provide specimen laboratory forms, collection swabs, specimen analysis, and reporting using the PACE II chlamydia and neisseria gonorrhoea procedure for detection of chlamydia trachomatis and neisseria gonorrhoea from female and male endocervical and urethral specimens. b. Weld County agrees to telephone any positive results to Larimer County on the day of testing and mail a written report by the following day. Testing will be performed at least once per week. 3. COMPENSATION: Larimer County agrees to reimburse Weld County at a rate of $7.50 per specimen for testing for chlamydia and $2.50 per specimen for testing for the neisseria gonorrhoea. 4. ASSURANCES: a. Weld County and Larimer County agree that both are independent contractors, and officers or employees of each county do not become employees of the other and are not entitled to any employee benefits as employees of the other county as the result of the execution of this Agreement. Page 1 of 3 Pages 960186 b. Weld County, the Board of County Commissioners of Weld County, its officers and employees shall not be held liable for injuries or damages caused by any negligent acts or omissions of Larimer County or its employees, volunteers, or agents while performing contractual duties which did not have specific prior written approval of the Weld County Board of Commissioners. Larimer County shall defend and hold harmless Weld County, the Board of Commissioners of Weld county, its officers and employees, volunteers, and agents. Larimer County shall provide Workers' Compensation insurance for all its employees engaged in the performance of this Agreement, as required by the Colorado Workers' Compensation Act. Larimer County, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of Weld County, or its employees, volunteers, or agents while performing contractual duties which did not have specific prior written approval of Larimer County. Weld County shall defend and hold harmless Larimer County, its officers and employees, volunteers, and agents. Weld County shall provide Workers' Compensation insurance for all of its employees engaged in the performance of this Agreement as required by the Colorado Workers' Compensation Act. c. No officer, member, or employee of Weld County, or Larimer County, and no member of its governing bodies shall have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof. d. Weld County and Larimer County assure that each will comply with Title VI of the Civil Rights Act of 1986 and that no person shall, on the grounds of race, creed, sex, or national origin, be excluded from participation in or be otherwise subjected to discrimination under this Agreement. e. 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. f. 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 appropriated in each succeeding year. g. If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Agreement and each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. Page 2 of 3 Pages 960186 h. This Agreement is expressly made subject to all laws and regulations of the United States, the State of Colorado, Larimer County, and Weld County. 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 Agreement are hereby put on notice and charged with the responsibility of compliance with such contract provisions as required by law. 5. MODIFICATION OF AGREEMENT: All modifications to this Agreement shall be in writing and signed by both parties. 6. ASSIGNMENTS: This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. Larimer County and Weld County may not assign any of their rights or obligations hereunder without the prior written consent of the other party. 7. TERMINATION: Either party may terminate this Agreement for any reason, so long as 10 days written notice of its intent to so terminate is given to the other party. 8. ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and may not be changed or modified except as stated in Paragraph 5 herein. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement this 14th day of February , 1996, nunc pro tunc January 1, 1996. ATTESt1 / / __ COUNTY OF WELD, STATE OF cwi! COLORADO, BY AND THROUGH THE CLE p- BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY / BY: t othe oard George E. Baxter, Chair Protem (02/14/96) WELD COUNTY HEALTH LARIMER COUNTY HEALTH DEPARTMENT DEPARTMENT BY:� uc€BY: �j John S. Pickle, M.S.E.H. Adrienne LeBailly, M.D. J Director Director larimer.gjb Page 3 of 3 Pages 960186 mEmoRAnDum ,7 TT. Wi` a Barbara Kirkmeyer, Chair c{ w 9 To Board of County Commissioners Date February 9 TWO- , • r COLORADO ' Q /2y' 2� From ,s b� John Pickle, Director, Health Department 1.1 Subject: Purchases of Services Agreement with Larimer County Enclosed for Board review and approval is a purchase of services agreement between Weld County Health Department and Larimer County Health Department. Weld County Health Department will be providing Larimer County Health Department chlamydia trachomatis testing at a rate of$7.50 per specimen tested and neisseria gonorrhoea testing at a rate of$2.50 per specimen tested. This agreement shall be in effect for the period January 1, 1996 through December 31, 1996. 1 recommend your approval of this agreement. Enclosures 960186 Hello