HomeMy WebLinkAbout971879.tiffRESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT WITH SAN JUAN BASIN
HEALTH DEPARTMENT 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
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 San
Juan Basin Health Department, commencing July 1, 1997, and ending December 31, 1997,
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 the San Juan Basin 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 20th day of August, A.D., 1997, nunc pro tunc July 1, 1997.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
971879
e'[_: fit -
EXCUSED
George E. Baxter, Chair
onstance L. Harbert, Pro-Tem
EXCUSED
Dale K. Hall
HL0023
PURCHASE OF SERVICES AGREEMENT ��]]
THIS AGREEMENT, made and entered into thisolbA day of 4,
1997, by and between the County of Weld, State of Colorado, by and through th Board of
County Commissioners of Weld County, on behalf of the Weld County Health Department,
("WCHD"), and San Juan Basin Health Department ("SJBHD").
BACKGROUND INFORMATION
WHEREAS, WCHD has been awarded funds from the Colorado Department of Public
Health and Environment for use in establishing a comprehensive Immunization Action Plan ("the
Plan") to increase and enhance availability of age -appropriate immunizations for children
residing in specified areas on the Eastern plains and the Western slope of Colorado; and
WHEREAS, WCHD desires to contract for services required in order to implement the
Plan; and
WHEREAS, SJBHD desires to provide the services required in order to implement the
Plan in the Colorado counties of LaPlata, Montezuma, Dolores, San Juan, San Miguel, and the
Montrose Health Clinic located in Nucla, Colorado; 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:
AGREEMENT
I. Recitals. The above recitals are hereby incorporated herein as if stated verbatim.
2. Term of Agreement. This Agreement shall be effective from the date of its
signing, nunc pro tunc July I, 1997, through December 31, 1997.
3. Compensation. In consideration of the services to be provided by SJBHD as
herein set forth over the six month term of this Agreement, WCHD agrees to pay SJBHD on a
monthly basis for services provided during that month pursuant to the terms of this Agreement,
one sixth (1/6) of the budgeted amount of $17,000.
SJBHD shall submit an invoice at the end of each month services are rendered. The
invoice will clearly delineate the services provided as well as the number of hours worked.
WCHD agrees to make payment within thirty (30) days after invoices have been submitted.
4. Services to be Provided by SJBHD SJBHD shall provide a registered nurse,
1
("nurse") whose name shall be specified to WCHD, and who shall at all times be employed by,
and be an employee of SJBHD, who will have the following qualifications and perform the
following duties in the Colorado counties of LaPlata, Montezuma, Dolores, San Juan, San
Miguel, and the Montrose Health Clinic located in Nucla, Colorado:
Nurse's Qualifications
1). The designated Nurse must have, at a minimum, a Baccalaureate degree in
nursing from a school accredited by the National League of Nursing, and a
minimum of one year nursing experience.
2). Nurse must have a current license to practice as a registered nurse in the
State of Colorado. Nurse shall meet or exceed any and all other
qualifications and requirements of Colorado law and the Rules of the State
of Colorado Department of Public Health and Environment ("CDPHE") to
practice as a registered nurse in the State of Colorado.
3). Nurse shall have a valid driver's license for the State of Colorado, and
shall have the use of a personal automobile which is properly insured
under the requirements of the State of Colorado.
Nurse's Duties SJBHD shall ensure that the duties and responsibilities required
by the Contract are properly performed, including, but not limited to the following:
1). Coordinates with WCHD's Nurse Coordinator in the performance of
Nurse's duties above set forth.
2). Participates with WCHD's nursing services in developing Continuous
Quality Improvement (CQI) programs, and in developing materials for
conducting continuous CQI sessions.
3). Conducts initial CQI sessions at participating sites and presents
immunization rates for Centers for Disease Control and Prevention (CDC)
Clinic Assessment Software Application (CASA) assessment; Provides
assistance to CQI teams to develop a plan for improving immunization
rates; Follows up regularly with participating sites to encourage
implementation of CQI plans and provide technical assistance as needed.
4). Performs quality control and quality assurance overview; Develops an
incentive program to reward successful sites; Provides technical
assistance to sites requesting or requiring such assistance.
5). Develops materials for updates on immunization standards or issues.
6). Ensures compliance with the provisions set forth in Contract No. 96-
2
05174, dated September 25, 1995, by and between CDPHE and WCHD,
and Contract Amendment #1, No. 97-006670, amendment to said
Contract, (collectively, referred to herein as "the Contract"),copies of
which are attached hereto and incorporated herein.
7). Nurse and SJBHD shall be bound by all applicable existing protocols,
professional standards, and applicable statutes.
8). SJBHD and Nurse shall comply with the reporting requirements and time
frames described in the Contract.
9). Work under the general guidance of the Children's Immunizations
Nursing Consultant for WCHD.
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 any party shall be deemed to be an employee,
agent, or servant of another party of this Agreement. The Nurse designated by SJBHD pursuant
to the terms and provisions of this Agreement shall at all times be an employee of SJBHD and
said Nurse shall be subject to all of the rights, responsibilities, and benefits associated with being
an employee of SJBHD. At no time shall the Nurse be considered an employee of WCHD for
any reason.
6. Limitations - Liabilities - Indemnification. Each party shall not be responsible
or liable for acts, omissions, or failure to act by the other party. Accordingly, to the extent
permitted by law, WCHD agrees to indemnify and hold SJBHD harmless from any and all
liability incurred by acts, omissions, or failures to act by WCHD, and, likewise, SJBHD agrees to
indemnify and hold WCHD harmless from any and all liability incurred by acts, omissions, or
failures to act by SJBHD, pursuant to the terms of this Agreement. Because WCHD is a
department of Weld County Government, SJBHD acknowledges that this Agreement to
indemnify and hold harmless WCHD extends to Weld County, its employees, agents,
subcontractors and assignees. 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 of any act or omission by the applicable party who acted or failed to act.
7. Non -Assignment. This Agreement shall not be assignable without prior written
consent of WCHD or SJBHD, whichever is the non -assigning party.
8. Provision of Services. WCHD and SJBHD 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 in, be denied the
benefits of, or be subject to discrimination under any provision of this Agreement.
9. 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, WCHD shall pay that
compensation to SJBHD which duly reflects the actual amounts due and owing to SJBHD for
which SJBHD documents that SJBHD provided services pursuant to this Agreement, and which
amounts have not previously been paid.
10. 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.
WCHD: Weld County Department of Health
c/o Judy Nero
1517 16th Avenue Court
Greeley, Colorado 80631
SJBHD:
11. 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. Any change in the budget amount shall be by Change
Order Letter, using the procedure set forth in paragraph 4 of this Agreement. 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
expressed or implied, shall not constitute a consent to, waiver of, or excuse for any other
different or subsequent breach.
12. Incorporation of Contractual Provisions. This Agreement is expressly made
subject to all laws and regulations of the United States and the State of Colorado. Contractual
provisions required by such laws and regulations, but not having been set forth herein, are hereby
incorporated by this reference as though expressly set forth 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.
13. 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.
14. Pundit's,. No portion of this Agreement shall be deemed to create an obligation
on the part of the County of Weld, State of Colorado, or WCHD to expend funds not otherwise
appropriated during the term of this Agreement.
15. 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.
16. No Third Party Beneficiary Enforcement. 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 person not a party to this Agreement.
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
expressed 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.
IN WITNESS WHEREOF, the parties have hereunto set their hand and seals this ae)
day of (2„[ro t , 1997, nunc pro tunc July 1, 1997.
WELD COUNTY HEALTH DEPARTMENT
Date
Pickle, M.S.E.H.
lAY/Fy
SAN JUAN BASIN HEALTH
DEPARTMENT
By:
mars a --/n7
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Chair Pro-Tem
Constance L. Harbert
08-20-97
Date
COLORADO
mEmoRAnuum
George Baxter, Chairman
To Board of County Commissioners
From
Subject:
Date
August 18, 1997
John Pickle, Director, Health Department
Purchase of Services Agreement with San Juan Basin Health
Department
Enclosed for Board review and approval is a purchase of services agreement between Weld
County Health Department (WCHD) and San Juan Basin Health Department (SJBHD).
The Health Department has been awarded funds from the Colorado Department of Public Health
and Environment for use in establishing a comprehensive Immunization Action Plan to increase
and enhance availability of age -appropriate immunizations for children residing on the Eastern
plains and Western slope of Colorado. As part of this effort, the Health Department is entering
into an agreement with SJBHD to provide the services necessary to implement the plan in the
counties of LaPlata, Montezuma, Dolores, San Juan, San Miguel, and the Montrose Health Clinic
located in Nucla, Colorado. SJBHD will provide a registered nurse who will coordinate with the
WCHD Nurse Coordinator of the Immunization Action Plan in the performance of duties.
For these services, SJBHD will receive an amount not to exceed $17,000 for the period
July 1, 1997 through December 31, 1997.
I recommend your approval of this agreement.
Enclosures
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