HomeMy WebLinkAbout960777.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT BETWEEN HEALTH
DEPARTMENT AND CHILDREN'S WORLD LEARNING 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
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 Children's
World Learning 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 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 Children's World Learning 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 May, A.D., 1996, nunc pro tunc January 1, 1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
b ib �!�� a/eit�I! /cc.," ' 1ri i
r ` Barbara J. Kirkmeyer Chair
'Ito ; ty Clerk to the Board
- � zGeorge'E. Baxter, Pr Tem
eputy Clee to the Board I 2
Dale K. Hall
APP VED AS TO • ckiet acc ue..,
Constance L. Harbert /
my A to
/j ��/ 2//r �J !i
W. H. Webster
960777
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PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT made andenteredinto this
, q}, (pl day of
q6 by and between the County of Weld, State of Colorado, by
and through t Board of County Commissioners of Weld County, on behalf of the Weld County
Health Department, hereinafter referred to as "Health Department," and Children's World
Learning Center, hereinafter referred to as "Contractor."
WITNESSETH:
WHEREAS, Contractor operates a day care center in Greeley, Colorado, which is
licensed by the Colorado Department of Social Services; and
WHEREAS, Social Services regulations require that a registered nurse be on staff at the
day care center or available on a consultant basis; and
WHEREAS, Contractor desires to purchase the services of a registered nurse on a
consultant basis 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. Consulting Services: Health Department agrees to provide, and Contractor agrees
to purchase, the services of a registered nurse on a consultant basis to the
Contractor, to review medical records and respond to inquiries concerning health
or medical matters, as needed. No direct medical nursing care will be provided.
2. Term of Agreement: This Agreement shall be effective from the date of its
signing, nunc pro tunc January 1, 1996 through December 31, 1996.
3. Compensation: In consideration of the services to be provided by the registered
nurse, Contractor agrees to pay Health Department Twenty-Five Dollars($25.00)
per hour for the above-stated services on as "as needed" basis, unless otherwise
agreed.
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 fourteen (14) days after
submission of an invoice.
4. Nurse's Qualifications: Health Department may provide a different nurse or the
same nurse for each service requested by Contractor, but the nurse provided by
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960777
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.
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 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.
6. Limitations--Liabilities--Indemnification: Each party shall not be responsible or
liable for acts, omissions, or failures to act by the other party. Accordingly, Health
Department agrees to indemnify and hold Contractor harmless from any and all
liability incurred by acts, 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, omissions, or failures to act by
Contractor. Because Health Department is a department of the 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
attorneys fees incurred as a result of any act or omission by the applicable party
who acted or failed to act.
7. 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.
8. Modification: This agreement may be modified only upon written agreement by
both parties.
9. 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.
10. Termination: This Agreement may be terminated by either party upon thirty(30)
days written notice to the other party.
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960777
IN WITNESS WHEREOF, the parties have cause this Agreement to be executed by their
duly authorized representatives as of the day and date first hereinabove written.
WELD COUNTY, COLORADO BY AND
THROUGH THE BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY,
ON BEHALF OF THE WELD COUNTY CHILDREN'S WORLD LEARNING
HEALTH DEPARTMENT CENTER
Barbara Kirkmeyer, Chair 05/(xa
Pi(861 �,`' eld County Clerk to the Board
�S J•'eputy Clerk 4
Approved by:
WELD COUNTY HEALTH DEPARTMENT
John S. ikle, M.S. .H.
Direct&
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960777
mEmoRAnDum
W I o Barbara Kirkmeyer, Chair
To Board of County Commissioners Date May 2, 1996
COLORADO
From
John Pickle, Director, Health Department )0
Subject:
Purchase of Services with Children's World T.earning Center
Enclosed for Board approval is an agreement between Weld County Health Department
and Children's World Learning Center.
Children's World is required by Social Services regulations to either have a registered
nurse on staff or have one available on a consultant basis. The Health Department will
provide these consultant nursing services for a fee of$25.00 per hour.
The term of the agreement is from January 1, 1996 through December 31, 1996.
I recommend your approval of this agreement.
Enclosure
960777
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