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Home My WebLink About951003.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PATHOLOGIST SERVICES PURSUANT TO CLIA BETWEEN HEALTH DEPARTMENT AND GARY B. CLARK, M.D., M.P.A., 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 Pursuant to the Federal Clinical Laboratory Improvement Act (CLIA) 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 Gary B. Clark, M.D., M.P.A., commencing May 16, 1995, and ending May 15, 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 Pursuant to the Federal Clinical Laboratory Improvement Act (CLIA) 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 Gary B. Clark, M.D., M.P.A., 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 10th day of May, A.D., 1995. ATTEST: Weld County BY. a A4 eputybblerk toYhe$.$berd APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS COUNTY, COL QRAQO Dale K. Hall, Chairman ,&J;A BarbaJ. Kirkmeyer, Pr -Tem George -E. Baxter Fxri JSFn Constance L. Harbert W. H.- ebster 951003 CL: //L5 (L1r/ HL0021 AGREEMENT FOR PATHOLOGIST SERVICES PURSUANT TO CLIA THIS AGREEMENT is made and entered into, effective May 16, 1995, 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 Department of Health, here-inafter referred to as "Weld County", and Gary B. Clark, M.D., M.P.A., hereinafter referred to as "Pathologist." WITNESSETH: WHEREAS, the Federal Clinical Laboratory 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 The above recitals are incorporated herein by reference. 2. Term of Agreement This Agreement shall be effective from May 16, 1995, through May 15, 1996 and may be renewed by 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. $65.00 per hour for on -site consultation fees (on - site visits); B. $.40 per mile for actual miles traveled to and from Page 1 of 7 Pages 951003 the Weld County Health Department Laboratory. Mileage shall not in any case exceed 260 miles for each round trip; C. Professional consultation fee of $560 per month. In any case, the total amount paid to Pathologist during the term of this Agreement shall be paid in twelve (12) approximately equal installments and shall not exceed $14,256 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 Qualifications Pathologist shall meet or 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. B. Professional Services Pathologist agrees to provide the following professional services, 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. Page 2 of 7 Pages 951093 3) If possible, be personally present to observe during any CLIA inspection of the Weld County Health Department Laboratory. 4) Advise Weld County Health Department Labora- tory staff concerning follow-up on 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) Perform necessary 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 County agrees to indemnify and hold Pathologist harmless from any and all liability incurred by acts, omissions, or failures to act by 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 of any acts or omissions by the applicable party who acted or failed to act. Page 3 of 7 Pages 951093 7. Non -Assignment This Agreement shall not be assignable without prior written consent of Weld County or Pathologist, whichever is the non -assigning party. 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. Page 4 of 7 Pages 951093 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 intent to so terminate is given to Weld County. If this Agreement is so 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 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. PATHOLOGIST: Gary B. Clark, M.D., M.P.A. P.O. Box 740643 Arvada, CO 80006 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 Page 5 of 7 Pages 951093 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. 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 infor- mation 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 Agree- ment, 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 951093 IN WITNESS WHEREOF, the parties have hereunto set their hand and seals on the dates set forth below. WELD COUNT HEALTH DEPARTMENT PATHOLOGIST apathologist.gjb Deputy Z erk to the Board G y B, M.D., P.A. s V4a'j ?C Date COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY Dale Hall, ClYairman Date 05 ,0/95 Page 7 of 7 Pages 951093 w�1 IR COLORADO Subject: mEmoRAIMum Dale Hall, Chairman To Board of County Commissioners Date May 7, l99551 i T,,K From John Pickle, Director, Health Department Agreement for Pathologist Services :2 Enclosed for Board approval is an agreement between Weld County Health Department and Gary B. Clark, M.D., M.P.A. 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. Gary Clark will provide such services to the Health Department. The term of this agreement is from May 16, 1995 through May 15, 1996. For his services and travel, Dr. Clark will be paid a sum not to exceed $14,256. This agreement is for the same amount of money as the current agreement we have with Dr. Clark which expires May 15, 1995. Funding to pay Dr. Clark was provided by a reorganization of the WCHD Laboratory last year. This reorganization is still in place and will continue to provide the funding for these services. I recommend your approval of this agreement. Enclosure 951093 Hello