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RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT FOR NURSING SERVICES
BETWEEN HEALTH DEPARTMENT AND UNC STUDENT HEALTH CENTER 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
nursing 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 the
University of Northern Colorado Student Health Center, 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 nursing 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 the University of Northern Colorado Student
Health Center 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 6th day of March, A.D., 1996, nunc pro tunc January 1, 1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
E Pade
•
Barbara J. Kirkmey r Chair!
lessft
Clerk to the Board
•
rge . Baxter, P o-T-Tee
�(0.,) uty Cler the Board 1
Dale K. Hall
APP AS TO FORM:
—` Constance L. Harbert
oun Attorney 22jit)//'
W. H. Webster
960335
HOC : f/L)' owe HL0022
PURCHASE OF SERVICES AGREEMENT 'Make/1_ ,
THIS AGREEMENT, made and entered into this (p day of
161616, , by and between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County,hereinafter referred to as"Weld County" on behalf of
the Weld County Health Department, hereinafter referred to as "Health Department," and the
University of Northern Colorado Student Health Center,hereinafter referred to as "Contractor."
WITNESSETH
WHEREAS, Contractor desires to offer confidential HIV testing to the students at the
University of Northern Colorado; and
WHEREAS, the Contractor desires to purchase this service from Health Department; and
WHEREAS, Health Department desires to provide such service; 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:
1. Term of Agreement
This Agreement shall be effective from the date of its signing, nunc pro tunc
January 1, 1996 through December 31, 1996, and may be renewed each year
thereafter, by written agreement between the parties, subject to the provisions of
Paragraph 8 of this Agreement.
2. Compensation
In consideration of the services to be provided by the Registered Nurse as set forth
hereinafter, Contractor agrees to pay Health Department the following hourly
rates for nursing services, on an"as needed" basis, unless otherwise agreed:
a. For nursing services received during January 1, 1996 through
August 31, 1996, Contractor will pay the rate of$16.00 per hour to
Health Department.
b. For nursing services received during the time period from
September 1, 1996 through December, 31, 1996, Contractor will
pay the rate of$20.00 per hour to Health Department.
Page 1 of 6 Pages
960335
Health Department will submit an invoice to Contractor at the end of each month
services are provided. The invoice will clearly itemize the services provided.
Contractor agrees to reimburse Health Department within 14 days after
submission of this invoice.
3. Nursing Services
A. Nurse's Qualifications
The Health Department may provide a different nurse or the same nurse
for each shift required by Contractor, but the Nurse provided by Health
Department shall meet or exceed all of the qualifications and requirements
of Colorado law and the Rules of the Colorado Department of Health for
registered nurses.
B. Nursing Services To Be Provided
Health Department agrees to provide a registered nurse to perform the
following professional services, including but not limited to:
1. Counseling services to students at the time students request testing,
and prior to the blood draw.
2. Draw blood and package it appropriately for testing.
3. Personally meet with the students concerning the blood test results,
and again provide counseling to the students concerning the test
results.
4. Provide appropriate equipment and materials in order to adequately
provide the above set forth services.
C. To Whom Services Are To Be Provided
The Health Department and the Contractor 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.
4. 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
Page 2 of 6 Pages
960335
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 the Registered Nurse
is not an employee of Contractor, but is providing nursing services as an
employee of Health Department.
5. Limitations - Liabilities-Indemnification
Each party shall not be responsible or liable for acts or omissions or failure to act
by the other party. Accordingly, Health Department agrees to indemnify and hold
Contractor harmless from any and all liability incurred by acts or omissions or
failures to act by Health Department and, likewise, Contractor agrees to
indemnify and hold Health Department harmless from any and all liability
incurred by acts or omissions or failures to act by Contractor. Because Health
Department is a department of Weld County Government, Contractor
acknowledges that its agreement to indemnify and hold harmless Health
Department 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.
6. Non-Assignment
This Agreement shall not be assignable without prior written consent of Health
Department of Contractor, whichever is the non-assigning party.
7. 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, Health
Department shall receive that compensation which duly reflects the actual number
of hours not previously reimbursed during which the registered nurse provided
services pursuant to this Agreement.
8. 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
Page 3 of 6 Pages
960335
notification will be used in all instances, except for emergency situations when
immediate notifications to the parties is required.
HEALTH DEPARTMENT:
Weld County Department of Health
c/o Judy Nero
1517 16th Avenue Court
Greeley, CO 80631
UNC STUDENT HEALTH CENTER
UNC Student Health Center
c/o Jeanne Miller, Ph.D.
Decker Hall
Greeley, CO 80639
9. 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 hereto, or waiver
of, a breach by any other party, whether express or implied, shall not constitute a
consent to, waiver of, or excuse for any other different or subsequent breach.
10. Other Laws and Regulations Incorporated
This Contract is expressly made subject to all laws and regulations of the United
States. The State of Colorado and the University of Northern Colorado.
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 Contract are hereby put on notice, and changed with
the responsibility of compliance with such contract provisions as required by law.
11. Severability
Page 4 of 6 Pages
960335
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. Funding
No portion of this Agreement shall be deemed to create an obligation on the part
of the County of Weld, State of Colorado, or Health Department to expend funds
not otherwise appropriated during the term of this Agreement. No portion of this
Agreement shall be deemed to create an obligation on Contractor to expend funds
not otherwise appropriated during the term of this Agreement.
13. 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 student
HIV rating records. No information concerning participation of HIV rating for
any student participating under this Agreement shall become a part of any
student's UNC health records.
14. Inurement
This Agreement shall inure to the benefit of the heirs, assigns, and successors in
interest of the parties hereto.
15. 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, receiving services or benefits under this Agreement, shall be
deemed an incidental beneficiary only.
Page 5 of 6 Pages
960335
(16
IN WITNESS WHEREOF, the parties have hereunto set their hand and seals this
day of L /'UM L' h , 09(o , nunc pro tune January 1, 1996.
WELD COUNTY HEALTH DEPARTMENT UNIVERSITY OF NORTHERN STUDENT HEALTH COLORADO
h
//ix /o-it..r //e4,---/ 7/! 75
Johp . ickle, M.S.E.H. Jeann6 Miller, Ph.D.
Dit ctor
j' -/`/ 94
Date
Date
BOARD OF COUNTY COMMISSIONERS
WF) D COUNTY,
COLORADO
4LE Iii— /L2c.}7/1u, 6,L._....
/Barbara Kirkmeye , Chair / Vice President, Student Affairs
Doi/60(.0
Date
Date
President
Date
Assistant to the President for Legal Affairs
4 EA, ), PILL Date
ISO 1 tF,k eld o Clerk to the Board
® an:ei
11
(u II ,�� uty Clerk 4 the Board
ATTESTING TO •OARD OF COUNTY
OOiU1 SSWN R SIGNATURES ONLY
M:A AGREE\WCHDHIV.DB
Page 6 of 6 Pages
960335
'9 mEmORAnDUm
t r Chair
Barbara oardo Countye ,
Board of County Commissioners March 4, 1996
To Date
COLORADO John Pickle, Director, Health Department I aLf,,>sc,
From
Subject: Purchase of Services Agreement with University of Northern
rnlnrarin Student Nealth Center
Enclosed for Board review and approval is a purchase of services agreement between Weld
County Health Department and the University of Northern Colorado Student Health Center.
The agreement is the same as last year's except our fee will increase from $16 to $20 per
hour in September. This increase will more accurately reflect the cost of nursing time to provide
the testing and counseling of U.N.C. students on campus.
We have been providing this service to the University since April 1991, and it has been well
received by the students.
I recommend your approval of this agreement.
Enclosures
960335
UNIVERSITY OF NORTHERN COLORADO
DIVISION OF STUDENT AFFAIRS
STUDENT HEALTH SERVICES
GREELEY, COLORADO 80639
(970) 351-2412
February 15, 1996
Ms. Judy Nero
Office Manager
Weld County Department of Health
1517 16 Avenue Court
Greeley, CO 80631
Dear Ms. Nero:
Enclosed are the three contracts between the University of Northern Colorado Student
Health Center and the Weld County Health Department for HIV testing during 1996.
They have been signed by Dr. Miller who has signature authority for the Health Center
and the other signatures on the contract are not required.
If you have questions, please contact me at the Health Center at 351-1917.
Sincerely yours,
Judy tersten
Office Manager
Enclosures
itQUALITY • DIVERSITY • PERSONAL TOUCH
COMMITTED TO AFFIRMATIVE AC I ION AND EQUAL OVPOR IUNITY
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