HomeMy WebLinkAbout960336 RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT FOR CONSULTANT NURSING
SERVICES BETWEEN HEALTH DEPARTMENT AND HIGHLAND DAY CARE 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
consultant 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 Highland Day Care Center, commencing February 6, 1996, and ending February 5, 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 for consultant 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 Highland Day Care 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 February 6, 1996.
BOARD OF COUNTY COMMISSIONERS
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i WELD COUNTY, COLORA
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'PBarbara J. Kirkmeyer, air
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ty Clerk to the Board '�
e�e�E. Baxter, Pro-Te
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Dale K. Hall
AP E TO FORM: cY‘tr -
/ C / Constance L. Harbert
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oun Attor i ney ri
W. . Webs er
960336
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HL0022
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this Cn day of
`7Y1a-1TA_ , 096,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 "Health Department," and Highland Day Care
Center, hereinafter referred to as "Contractor."
WITNESSETH:
WHEREAS, Contractor operates a day care center in Ault, 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 February 6, 1996 through February 5, 1997.
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.
Page 1 of 3 960336
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
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.
Page 2 of 3
960336
10. Termination: This Agreement may be terminated by either party upon thirty (30)
days written notice to the other party.
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
HEALTH DEPARTMENT HIGHLAND DAY CARE CENTER
/'
�''4..!. . " (1t Ali/ .;v r(Th Qt\• s.? 3,.cu.^c, k�i",'lU-�
l:. Is Kirk eyer, Ch.•' 0SA,/, 9f V
�ias� w �0, ' " I S : / / i A I'„
eld County Clerk to the Board
IU11� . ,,
By: / i...__I , kThil,aLL
Deputy Ct: k
Approved by:
WELD COUNTY HEALTH DEPARTMENT
Johy: 'fickle, M.S.E.H.
Director
Page 3 of 3
960336
mEmoRAnDum
To wilDBarbara� Kirkmeyer, Chair
Boardoardoof County Commissioners March 4, 1996
COLORADO� Date
From John Pickle, Director, Health Department I.
Subject: Purchase of Services with Highland Day Care Center
Enclosed for Board review and approval is a purchase of services agreement between Weld
County Health Department and Highland Day Care Center.
Highland Day Care Center 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 February 6, 1996 through February 5, 1997, and I recommend
your approval.
Enclosure
960336
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