HomeMy WebLinkAbout951004.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT BETWEEN HEALTH
DEPARTMENT AND CHILDREN'S WORLD LEARNING CENTER 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 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
Children's World Learning Center, commencing January 1, 1995, and ending December 31, 1995,
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 Children's World Learning Center 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, nunc pro tunc January 1, 1995.
BOARD OF COUNTY COMMISSIONERS
D COUNTY, CO 0
ATTE ,N�0 ��
9 r,r (yam Dale K. Hall, Chairman
Weld County CI and
rr arbar J Kirkmeyer, Pr ,-Tern
BY:
Deputy Clerk tq the Board
f \ eorge E. axter
APPROVE S TO FORM:
FXCLISFD flATF (lF SIfNINf (AYF)
Constance L. Harbert
•
oun y Attorney ) 'l• z,j �1
W. H. Webster
951004
dc3, j HL0021
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this O- day of i•
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 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 desire 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 inquires concerning health or medical matters, as needed.
e51C04
2. Term of Agreement: This Agreement shall be effective from the
date of its signing, nunc pro tunc January 1, 1995 through December
31, 1995.
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 an "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 and
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 Health Department shall meet
or exceed all of the qualifications and requirement 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.
951094
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.
951004
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.
IN WITNESS WHEREOF, the parties have caused 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 CHILDREN'S WOR LEARNING CENTER
lax
- c t .w - 7x .
Da a all, Citlgirman Director/0/,5
ATTEST ; x` ✓✓J /
Weld C. ,i ,i,00are
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B
Deputy S r
Approved by:
WELD COUNTY HEALTH DEPARTMENT
John S. Pickle, M.S.E.H.
Director
95101 4
mEmORAnDUM
Wilk ....1 1: j!2
Dale Hall, Chairman
To Board of County Commissioners Date May 7, 1995 CLr;-,y
COLORADO
From John Pickle, Director, Health Department "�""" 1 #,,�,,., �
Subject:
Purchase of Services with Children's World Learning 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, 1995 through December 31, 1995.
I recommend your approval of this agreement.
Enclosure
951.094
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