HomeMy WebLinkAbout20240426.tiffRESOLUTION
RE: APPROVE LABORATORY SERVICES AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - DENVER HEALTH AND HOSPITAL AUTHORITY
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 Laboratory 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 Coroner's Office, and the Denver Health and
Hospital Authority, commencing upon full execution of signatures, 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 Laboratory 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 Coroner's Office, and the Denver Health and Hospital Authority, 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 21st day of February, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
ATTEST: V.dtks) , i,..;
Weld County Clerk to the Board
APP
Deputy Clerk to the Board
VED
County Attorney
Date of signature: 1,
„
ORM:
WELD COUNTY, COLO
Kevin
EXCUSED
Perry L. B fck, Pro-Tem
Mike Freeman
Scott K. James
Saine
cc: Co (HS)
03 /IS /24
2024-0426
CO0003
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Laboratory Services agreement for Coroner and Denver Health
DEPARTMENT: Coroner DATE: Feb 8, 2024
PERSON REQUESTING: Michael Burson
Brief description of the problem/Issue:
We are setting up laboratory services with Denver Heath and just need this agreement signed.
What options exist for the Board?
Decline signing agreement
Consequences:
The coroner will not be able to perform our duties as we need a lab to perform certain tests. Our previous lab has stopped accepting
postmortem samples.
Impacts:
Certain types of cases will not be examined properly and thus impact determination of cause and manner of death. This will impact families
and health entities that track such statistics.
Cost (Current Fiscal Year/Ongoing or Subsequent Fiscal Years:
This is not a new cost although the fees with Denver Health are significantly less than our previous labs (Mckee and LabCorp). These
services have been accounted for in our Medical Services budget line.
Recommendation:
Please sign the agreement. Although we have not been impacted by not having these services in place (-3 weeks), it is imperative that we get them up
and running as soon as possible. Thank you.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro -Tern
Mike Freeman
Scott K. James
Kevin D. Ross, Chair
Lori Saine
rf-
Via twit
V►a final
2024-0426
Uzi Ccco3
Karla Ford
From:
Sent:
To:
Subject:
Scott James
Thursday, February 8, 2024 12:06 PM
Karla Ford
Re: Please Reply - "11120 - Weld County Coroner_DHHA_LaboratorySvcsAgmtt_Final
02082024j1k_LS.pdf"
Importance: High
Approve - thanks!
Scott K. James
Weld County Commissioner, District 2
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
970.336.7204 (Office)
970.381.7496 (Cell)
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or
entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you
have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any
disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by
anyone other than the named recipient is strictly prohibited.
On Feb 8, 2024, at 11:30 AM, Karla Ford <kford@weld.gov>wrote:
Please advise if you support recommendation and to have department place on the agenda.
Karla Ford —
Office Manager, Board of Weld County Commissioners
1150 O Street, P.Q. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford@weldgov.com:: www.weldgov.com
**Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.**
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
1
Karla Ford
From:
Sent:
To:
Subject:
yes
Lori Saine
Thursday, February 8, 2024 5:41 PM
Karla Ford
RE: Please Reply - PA 11120 - Weld County Coroner_DHHA_LaboratorySvcsAgmtt_Final
Lori Saine
Weld County Commissioner, District 3
1150 O Street
PO Box 758
Greeley CO 80632
Phone: 970-400-4205
Fax: 970-336-7233
Email: Isaine@weldgov.com
Website: www.co.weld.co.us
In God We Trust
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
Original Message
From: Karla Ford <kford@weld.gov>
Sent: Thursday, February 8, 2024 11:32 AM
To: Kevin Ross <kross@weld.gov>; Lori Saine <Isaine@weld.gov>
Subject: Please Reply - PA 11120 - Weld County Coroner_DHHA_LaboratorySvcsAgmtt_Final
Importance: High
Please advise if you support recommendation and to have department place on the agenda.
Karla FordE
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford@weldgov.com:: www.weldgov.com ::
**Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.**
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
1
LABORATORY SERVICES AGREEMENT
THIS LABORATORY SERVICES AGREEMENT ("Agreement") is made and entered into as of
the date of the last signature of the Parties hereto ("Effective Date"), by and between DENVER
HEALTH AND HOSPITAL AUTHORITY, a body corporate and political subdivision of the
State of Colorado, with offices located at 777 Bannock St., Denver, Colorado 80204, hereinafter
referred to as "DHHA," and Weld County Coroner's Office, with offices located at 1121 M Street,
Greeley, CO 80631. Each may be referred to as a "Party" and collectively the "Parties".
RECITALS:
WHEREAS, DHHA is the owner and operator of Denver Health Medical Center, in Denver,
CO, which is an acute care hospital and provides inpatient, outpatient, and specialty medical and
ancillary services; and
WHEREAS, DHHA is a duly licensed and qualified provider of, but not limited to, ancillary
and diagnostic laboratory services, to include specialized laboratory expertise services and is capable
of providing such services for Weld County Coroner's Office; and
WHEREAS, Weld County Coroner's Office desires to secure the services of DHHA to
provide diagnostic laboratory services for death investigations/inquests of Weld County Coroner's
Office; and
WHEREAS, DHHA is willing to assist Weld County Coroner's Office by providing such
services during the term of this Agreement.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements set forth herein, the parties agree as follows:
I. FORM OF AGREEMENT. This Agreement shall consist of the terms and
conditions stated in the following numbered paragraphs and Addenda. No other documentation
related to this Agreement or generated as a result of this Agreement shall form a part of this
Agreement unless it is expressly referenced and incorporated herein.
II. DENVER HEALTH AND HOSPITAL AUTHORITY REPRESENTATIVE.
The Chief Executive Officer ("CEO") is the official Representative of DHHA and directs all services
under this Agreement. Communication between DHHA and Weld County Coroner's Office shall be
directed through the CEO or their designee and Weld County Coroner's Office representative.
III. SERVICES TO BE PERFORMED. DHHA shall provide Weld County Coroner's
Office with reference laboratory services for diagnostic testing of certain laboratory tests for which
Weld County Coroner's Office does not have testing capacity ("Services"). The parties shall work
together to communicate the Services that will be available to Weld County Coroner's Office under
the terms of this Agreement. These Services shall be further defined in Exhibit A 2020-2022
Outreach Fee Schedule attached hereto and incorporated into this Agreement. DHHA represents that
all Services shall be performed in accordance with best practice industry standards and in
compliance with this Agreement including Exhibits, and all applicable federal, state and local laws
and regulations and accreditation requirements.
The parties agree that they shall work together in good faith to mutually agree on the
operational details and scheduling for all Services to be provided hereunder. All Services will be
provided consistent with appropriate quality of care and the standard of care for the community.
IV. QUALIFICATIONS. Each qualified provider performing laboratory procedure
Services for Weld County Coroner's Office under this Agreement shall at all times meet all of the
following qualifications:
A. Hold at all times a current, valid, and unrestricted license to practice his or her profession in
the State of Colorado;
B. Be at all times qualified and eligible to provide services to beneficiaries as a participating
physician under all federally funded healthcare programs, including without limitation, the
Medicare and Medicaid programs; and
C. Not be, and at no time have been, excluded from participation in any federally funded
healthcare program, including without limitation, Medicare, or Medicaid.
D. Maintain a valid licensure by the Drug Enforcement Agency.
V. PAYMENT. DHHA and Weld County Coroner's Office agree to accept and pay for
the Services of DHHA as detailed in the 2020-2022 Outreach Fee Schedule in Exhibit A, attached
hereto and made a part of this Agreement.
All invoices to Weld County Coroner's Office shall contain the name of the provider, the
date(s) of service, and the type of service provided. All invoices shall be submitted to the following
address: 1121 M St. Greeley, CO 80631 . Invoices shall be due and
payable within thirty (30) days of receipt. All payments by Weld County Coroner's Office to DHHA
pursuant to this Agreement shall be delivered to the address as set forth in the invoice.
VI. TERM; TERMINATION. The term of this Agreement shall commence on the
Effective Date of this Agreement and shall continue for a one (1) year period from the Effective
Date. Thereafter, this Agreement shall renew automatically for successive twelve-month periods,
except that this Agreement or the attached Exhibit A shall be subject to modification by mutual
agreement of the parties.
Notwithstanding anything herein to the contrary, this Agreement may be terminated by either party
at any time as follows:
A. With cause by either party upon the default by the other party of any term, covenant, or
condition of this Agreement, where such default continues for a period of fifteen (15)
business days after the defaulting party receives written notice thereof from the other party
2
specifying the existence of such default; or
B. Without cause by either party upon at least sixty (60) days prior written notice to the other
party, in which case the Agreement shall terminate on the future date specified in such
notice; or
C. Immediately upon either party's loss of license, accreditation, or certification or exclusion or
suspension from participation in federal healthcare programs and business; or
D. Should Weld County Coroner's Office not receive yearly appropriation/budgeting for
extension or renewal.
Any such termination shall in no way prejudice the payments due for services rendered, nor Weld
County Coroner's Office right to services prior to the end of the period of notice. If DHHA's
services are terminated, postponed or revised, DHHA shall be paid for that work satisfactorily
completed up and to the terminate date indicated in the notice of termination. If this Agreement is
terminated, all attached Exhibits shall automatically be deemed terminated as of the date of the
Agreement termination.
VII. USE OF NAME; MARKETING. Neither party shall use the name, symbol, or
image of the other party in any publicity, advertising, or news release without the prior written
approval of the other party. Any marketing or promotional materials referencing the other party or
promoting these Services shall be formally approved by both parties prior to dissemination. Each
party is free to disclose the other's name as required by applicable law or regulation or other
applicable provisions of this Agreement.
VIII. NO REQUIREMENTS OR INDUCEMENT TO REFER. The terms and
conditions of this Agreement represent the result of arms -length negotiations between unaffiliated
parties. The Parties acknowledge and agree that such Services do not involve the counseling or
promotion of a business arrangement or other activity that violates any federal, state or local law,
and the aggregate services to be provided under this Agreement do not and will not exceed those that
are reasonably necessary to accomplish the commercially reasonable business purposes and the
legitimate medical purposes of this arrangement.
The parties understand and agree that the purpose of this Agreement is not to seek or induce
the improper referral of patients and that there is no requirement under this Agreement or any other
agreement or arrangement between the parties to require either party to refer its patients to the other
for products or services. The parties acknowledge and agree that no payment under this Agreement
is in return for the prohibited referral of patients or for the purchasing, leasing, or ordering of any
products or supplies from the other party.
Each party represents that it has not engaged in, and during the term of this Agreement agrees
not to engage in, any activities prohibited under the federal anti -kickback statutes (42 U.S.C.
Sections 1320a-7, 1320a -7a, and 1320-7b), the regulations promulgated pursuant to such federal
statutes, related state and local statutes and regulations, and rules of professional conduct.
3
IX. NON-EXCLUSIVE AGREEMENT. This Agreement is not exclusive.
Accordingly, either party shall have the right to enter into one or more agreements relating to the
same or similar matters as are covered by this Agreement and execution by either party of such
agreements shall not constitute a breach of this Agreement.
X. NO THIRD PARTY BENEFICIARIES. 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 parties and nothing contained in this Agreement shall
give or allow any such claim or right of action by any other entity or third person. It is the express
intention of the parties that any person other than a party to this Agreement receiving services or
benefits under this Agreement shall be deemed to be an incidental beneficiary only.
XI. NO DISCRIMINATION IN EMPLOYMENT. In connection with the
performance of work under this Agreement, the parties agree not to refuse to hire, discharge,
promote or demote, or to discriminate in matters of compensation against any person otherwise
qualified, solely because of race, color, religion, national origin, gender, age, military status, sexual
orientation, gender identity, marital status, or physical or mental disability; and further agree to insert
the foregoing provision in all subcontracts hereunder.
XII. NO WAIVER OF RIGHTS. No assent expressed or implied, to any breach of any
one or more covenants, provisions, or conditions of the Agreement shall be construed as a waiver of
any succeeding or other breach.
XIII. ASSIGNMENT OR SUBCONTRACTING. Weld County Coroner's Office and
DHHA agree not to assign, pledge, transfer, or subcontract their duties and rights in this Agreement,
in whole or in part without first obtaining the written consent of the other party. Any attempt by
Weld County Coroner's Office or DHHA to assign, transfer, or subcontract their rights hereunder
without such prior written consent of the other party, shall at the option of the non -defaulting party
automatically terminate this Agreement and all rights of the defaulting party. Such consent may be
granted or denied at the sole and absolute discretion of the representative of Weld County Coroner's
Office if DHHA is seeking consent or by the CEO if Weld County Coroner's Office is seeking such
consent.
XIV. STATUS OF DHHA. It is understood and agreed by and between the parties that the
status of DHHA shall be that of independent contractor and it is not intended, nor shall it be
construed, that DHHA or its officers, agents, subcontractors or employees under the contract are
employees or officers of Weld County Coroner's Office. DHHA UNDERSTANDS THAT IT
AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE
BENEFITS, WORKERS' COMPENSATION BENEFITS OR FRINGE BENEFITS FROM
WELDCOUNTY CORONER'S OFFICE. SUCH BENEFITS MAY BE PROVIDED BY
DHHA OR SOME OTHER ENTITY. DHHA MAY BE OBLIGATED TO PAY FEDERAL,
STATE AND LOCAL TAXES ON ANY MONIES PAID PURSUANT TO THIS CONTRACT
RELATIONSHIP.
4
XV. OWNERSHIP, CUSTODY AND ACCESS TO RECORDS. It is understood and
agreed that all Weld County Coroner's Office patient charts, medical files and other records prepared
or utilized by DHHA in the course of performing its services under this Agreement, other than
DHHA's billing and time records, are the property of Weld County Coroner's Office and shall
remain in the custody and control of Weld County Coroner's Office provided however, that DHHA
and its Service providers shall have full access to such records through the term of this Agreement
for the purpose of performing its Services hereunder and thereafter, shall continue to have access for
the purpose of defending a professional liability action or any audit or claim by an insurer,
governmental agency or other party. DHHA's billing and time records related to services provided
to Weld County Coroner's Office under this Agreement shall be retained for not less than three (3)
years and shall be available to Weld County Coroner's Office auditors for inspection and
verification. In the event that a party desires to obtain a third -party audit of the financial records, at
its own cost, related to this Agreement, the requesting party shall provide ten (10) days prior written
notice to the other party of its intent to audit all such records. The results of any such audit shall be
disclosed to the audited party.
XVI. VENUE, GOVERNING LAW. This Agreement shall be construed and enforced in
accordance with the laws of the State of Colorado without regard to the choice of law thereof. Venue
for any legal action relating to this Agreement shall lie in Denver, Colorado courts.
XVII. LIABILITY. Each party agrees to be responsible for any and all negligent or
wrongful acts or omissions of its officers, employees, and agents arising out of this Agreement.
XVIII. HEALTH CARE PROFESSIONAL LIABILITY INSURANCE COVERAGE.
DHHA represents that it self -insures for professional liability insurance for itself and for its public
employees who provide health care services pursuant to the Colorado Governmental Immunity Act
C.R.S. §24-10-101, et seq. DHHA agrees that its self-insurance program shall provide coverage in
accordance with the limits of the Colorado Governmental Immunity Act. Pursuant to the Colorado
Governmental Immunity Act, DHHA agrees to be responsible for damages resulting from injuries
sustained from an act or omission of a public employee occurring during the performance of the
employee's duties and within the scope of his/her employment, unless sovereign immunity bars the
action against DHHA.
XIX. MEDICARE CLAUSE. DHHA agrees to allow the Secretary of the Department of
Health and Human Services and the Comptroller General or their duly authorized representatives,
access upon request to this Agreement and to the books, documents and records of DHHA that are
necessary to verify the nature and extent of costs of services furnished under this Agreement.
DHHA also agrees that if it carries out any duties of the Agreement through a subcontract, with a
value or cost of Ten Thousand Dollars ($10,000.00) or more over a twelve month period with a
related organization, the subcontract must contain a clause to the effect that the related organization
must make available, upon written request, to the Secretary, or upon request to the Comptroller
General, or their duly authorized representatives, the subcontract and the books, documents and
records of the related organization that are necessary to verify the nature and extent of the costs.
Such access shall be allowed until the expiration of four (4) years after the services are furnished
under this Agreement.
5
XX. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT.
Each party shall comply with all state and federal laws regarding the confidentiality of patient
information and records. Specifically, but not by way of limitation, Weld County Coroner's Office
and DHHA will comply with all applicable rules, regulations and standards pertaining to the
confidentiality of protected health care information ("PHI") under the Health Insurance Portability
and Accountability Act of 1996 ("HIPAA"). The parties may receive or create from or on behalf of
each other certain health or medical information PHI as defined in 45 C.F.R. Section 164.501) in
connection with the performance of services under this Agreement. Use or disclosure of this PHI is
subject to protection under state and federal law, including HIPAA and regulations promulgated
there under by the U.S. Department of Health and Human Services ("Regulations"). The parties
specifically agree that they will take such action as is necessary, including amending this Agreement,
to implement in a timely manner the requirements of HIPAA, the Regulations, and other applicable
laws relating to the security and confidentiality of PHI.
Exception: Parties specifically agree that HIPAA applies to "covered entities" as defined by the
HHS. Covered entities include: 1) health plans, 2) health care clearinghouses (such as billing
services), and 3) health care providers that electronically transmit PHI; and that medical examiners
and coroner offices are not covered entities pursuant to 45 C.F.R. § 160.102 -Applicability, and 45
C.F.R. § 160.103 — Definition, Covered Entity. As such, with coroner or medical examiner
investigations/inquests concerning a "decedant", HIPPA requirements would not be applicable to
this Agreement for DHHA provision of Laboratory Services to Weld County Coroner's Office.
XXI. JOINT COMMISSION. DHHA shall provide services, as defined in this Agreement,
within the scope of current Joint Commission standards. DHHA represents that it is aware of and in
compliance with Joint Commission standards applicable to the services to be provided by DHHA
under this Agreement. DHHA agrees that all services shall be performed in a manner consistent with
Weld County Coroner's Office policies and procedures and applicable professional standards.
DHHA shall provide fully qualified, trained, licensed and competent persons who shall provide
services safely and effectively. DHHA shall maintain evidence for every person providing services
hereunder of professional licensure and current clinical competence, which shall be provided to
Weld County Coroner's Office upon request.
XXII. DEBARMENT. Each party hereby represents that neither it nor its directors, officers,
or employees are currently excluded, debarred, proposed for debarment, or otherwise ineligible to
participate in federal health care programs or in federal procurement or non -procurement programs;
nor have they been convicted of a criminal offense related to the provision of health care items or
services. Each party further agrees to notify the other party within three (3) days should it or any of
its directors, officers, or employees become a debarred person during the term of this Agreement.
XXIII. CONFIDENTIALITY. DHHA acknowledges that in order to perform under this
Agreement, either Party may provide or receive certain confidential information identified by the
disclosing Party to the receiving Party as confidential. Parties acknowledge that the restrictions
contained in this section are reasonable and necessary for the protection of the legitimate interests of
each Party.
Parties acknowledges that, in providing services and materials to the other Party in
6
connection with this Agreement, Parties will be exposed to certain confidential information owned
and/or developed by the other Party. Such information shall be considered Confidential Information.
This Agreement imposes no obligation upon a Party who receives Confidential Information where
such Confidential Information: (i) is in the Party's (the "Recipient") possession before receipt from
the other Party (the "Discloser"); (ii) is or becomes a matter of public knowledge through no fault of
the Recipient; (iii) is rightfully received by the Recipient from a third party without a duty of
confidentiality; (iv) is independently developed by the Recipient; (v) is disclosed by the Recipient
under operation of law provided the Recipient gives the Discloser prompt notice of the requirement
to disclose and the opportunity to contest such disclosure; or (vi) is disclosed by the Recipient with
the Discloser's prior written approval.
The Receiving Party shall ensure that each of its employees, officers, directors, or agents who
has access to Confidential Information disclosed under this Agreement is informed of its proprietary
and confidential nature and is required to abide by the terms of this Agreement.
The Receiving Party shall take security precautions equal to or greater than the security
precautions the Receiving Party employs to protect its own highly confidential information, but in
any event not less than reasonable security precautions, to protect from disclosure and to keep
confidential the Confidential Information of the Disclosing Party.
The Receiving Party shall promptly notify the Disclosing Party of any disclosure of such
Confidential Information in violation of this Agreement or of any subpoena or other legal process
requiring production or disclosure of said Confidential Information, and in any event, such notice
shall occur in advance of any production of Confidential Information. Additionally, production of
any Confidential Information pursuant to an order, subpoena or legal proceeding shall not cause
Confidential Information to lose its confidential status and Recipient shall continue to take all
reasonable and necessary steps to protect its confidentiality during such use, to the extent possible.
All Confidential Information disclosed under this Agreement shall be and remain the
property of the Disclosing Party and nothing contained in this Agreement shall be construed as
granting or conferring any rights to such Confidential Information to the other Party. Each Party
shall use Confidential Information only for the Purpose. The Receiving Party shall honor any
request from the Disclosing Party to promptly return or destroy all copies of Confidential
Information disclosed under this Agreement and all notes related to such Confidential Information.
The Parties agree that the Disclosing Party will suffer irreparable injury if its Confidential
Information is made public, released to a third party, or otherwise used or disclosed in breach of this
Agreement and that the disclosing Party shall be entitled to obtain injunctive relief against a
threatened breach or continuation of any such breach and other relief as allowed under law.
XXIV. NON -DISCLOSURE. Both parties agree that now and fora period of five (5) years
following termination of this Agreement: (i) they will hold the other's Confidential Information in
confidence, and will not, without the other's written consent, disclose any portion thereof to any
third party; (ii) they will restrict dissemination of the other's Confidential Information within its
organization to those persons who have a need to know such information in order to perform under
this agreement; (iii) they will take such actions as are necessary, including appropriate agreement
with or instructions to its employees, to enable it to perform its obligations hereunder, and for no
other purpose; and (iv) any Confidential Information disclosed by one party to the other or its
employees prior to the date of the agreement shall be subject to this Agreement.
7
XXV. PARAGRAPH HEADINGS. The captions and headings set forth herein are for
convenience of reference only, and shall not be construed so as to define or limit the terms and
provisions hereof.
XXVI. EXECUTION OF AGREEMENT. This Agreement is expressly subject to, and
shall not be or become effective or binding on any party hereto until it has been fully executed by all
parties hereto. This Agreement shall be binding on all parties, their successors and assigns.
XXVII. FORCE MAJEURE. Neither party shall be liable for failure to perform solely
caused by unforeseeable Force Majeure circumstances beyond their control ("Force Majeure")
including strikes, riots, floods, fires, explosions, acts of nature, acts of government, or labor
disturbances. The party experiencing the Force Majeure circumstances must notify the other
party of the delay as soon as reasonably possible and cooperate in minimizing the impact of such
Force Majeure.
XXVIII. NOTICES. Notices concerning termination of this Agreement, notice of alleged
or actual violation of the terms or provision of this Agreement, and other notices shall be provided to
the parties at the following addresses:
If to DHHA:
Denver Health and Hospital Authority
Office of General Counsel
660 Bannock Street, 5th Floor, Mail Code 1919
Denver, Colorado 80204
If to Weld County Coroner's Office:
Weld County Coroner's Office
1121 M Street
Greeley, CO 80631
Said notice shall be delivered personally during normal business hours to the appropriate
office, above, or by prepaid U.S. mail. Mailed notice shall be deemed effective three (3) days after
deposit with the U.S. Postal Service. The parties may from time -to -time designate substitute
addresses or persons where and to whom such notices are to be mailed or delivered but such
substitutions shall not be effective until actual receipt of written notification.
XXIX. COUNTERPARTS OF AGREEMENT. This Agreement may be executed in
multiple, identical counterparts, each of which shall be deemed to be an original, and all of which,
taken together, shall constitute one and the same instrument. Signatures to this Agreement
transmitted by facsimile transmission, by electronic mail in "portable document format" (".pdf')
form, or by any other electronic means intended to preserve the original graphic and pictorial
appearance of the Agreement, shall have the same effect as physical delivery of the paper Agreement
bearing the original signature.
8
DocuSign Envelope ID: 421B5971-7462-4AA7-83DC-4ED96AC8C822
XXX. ENTIRE AGREEMENT: AMENDMENT. This Agreement reflects the entire
Agreement of the parties with respect to the subject matter hereof and supersedes all prior oral or
written statements, understandings, or correspondence, if any, with respect thereto. This Agreement
may be amended only by one or more mutually agreed upon amending agreements in the form of an
amendment, executed in the same manner as this Agreement
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the
day and year first above written.
DENVER HEALTH AND HOSPITAL
AUTHORITY
Tax ID No. 84-1343242
e-DocuSigned by:
YtI��A.U/
By
Chief Operating Officer
Contract # 11120
ATTEST. dall4- ;‘A
Weld �ou�n Clerk to the B
BY
Kris Gaw
BOARD OF COUNTY COMMISSIONERS
WELD CO ' `. COLO'�
7C__-- O
Kevin D. Ross, Chair FEB 2 12024
9
,.goa 0/-02..
EXHIBIT A
SUBMITTED TO WELD COUNTY CORONER UNDER SEPARATE DOCUMENT
10
Denver Health Medical Center
Department of Pathology Laboratory Services
2020-2022 Outreach Fee Schedule
Exhibit A
CP Lab Tests
**CP Lab Fee
Maximum Turnaround Times
ACETAMINOPHEN
$
114.43
60 minutes
ALANINE AMINO TRANSFERASE (ALT)
$
5.30
60 minutes
ALBUMIN
$
4.95
60 minutes
ALKALINE PHOSPHATASE
$
5.18
60 minutes
AFP
$
16.77
24-48 hours
AMMONIA
$
14.57
60 minutes
AMYLASE
$
6.48
60 minutes
ANA SCREEN
$
12.09
48-72 hours
ASPARTATE AMINOTRANSFERASE -AST
$
5.18
60 minutes
AUTOMATED CBC
$
6.47
60 minutes
AUTOMATED CBC w/ DIFF
$
7.77
60 minutes
AUTOMTD RETICULOCYTE CNT
$
7.77
60 minutes
BASIC METABOLIC PANEL
$
8.46
60 minutes
BILIRUBIN DIRECT
$
5.02
60 minutes
BILIRUBIN TOTAL
$
5.02
60 minutes
B -Type NATURIURETIC PEPTIDE - BNP
$
39.26
60 minutes
Blood Gas - Venous
$
26.07
60 minutes
Blood Gas - Arterial
$
26.07
60 minutes
Blood Culture Multiplex PCR
35.09 x20 = $701.80
4 hour
BLOOD/URIC ACID
$
4.52
60 minutes
BODY FLUID PH
$
3.58
60 minutes
BODY FLUID CELL COUNT
$
4.72
60 minutes
C3
$
12.00
60 minutes
C4
$
12.00
60 minutes
CA 125
$
20.81
24 hours
CA 153
$
20.81
24 hours
CD4
$
26.78
24 hours
CALCIUM
$
1.16
60 minutes
CALCIUM; IONIZED
$
13.68
60 minutes
CARBAMAZEPINE TOTAL
$
14.57
60 minutes
CARBON DIOXIDE - CO2
$
4.88
60 minutes
CARBON MONOXIDE
$
12.32
60 minutes
CBC w/Manual Differential
$
7.77
6 hours
CCP ANTIBODY
$
12.95
48-72 hours
CD3/CD4/CD8
$
84.68
24-48 hours
CEA
$
18.96
60 minutes
CERULOPLASMIN
$
10.74
60 minutes
CHG DECALCIFY TISSUE
$
12.23
6 hours
CHG SURG PATH, LEVEL V
$
82.47
6 hours
CHLORIDE
$
4.60
60 minutes
CHOLESTEROL
$
4.35
60 minutes
CK (CPK)
$
6.51
60 minutes
COMPREHEN METABOLIC PANEL
$
10.56
60 minutes
Page 1 of 9
Denver Health Medical Center
Department of Pathology Laboratory Services
2020-2022 Outreach Fee Schedule
Exhibit A
CORTISOL
$
16.30
60 minutes
C -REACTIVE PROTEIN
$
5.18
24 hours
C-DIFFICILE TOXIN Rapid test
$
23.96
1-4 hours (daily 7am-11pm)
C-Difficile Toxin by PCR
$
37.27
24-48 hours
CREATININE
$
5.12
60 minutes
CREATININE CLEARANCE TEST
$
9.46
60 minutes
CULTURE AEROBIC ID
$
12.89
Prelim report 2-5 days
CULTURE ANAEROBE ID
$
17.55
Prelim report 2-5 days
CULTURE BACTERIA OTHER
$
9.47
Prelim report 2-5 days
CULTURE BLOOD FOR BACTERIA
$
10.32
Prelim report 2-5 days
CULTURE BONE
$
18.77
6 hours
CULTURE CSF
$
15.30
Prelim report 2-5 days
CULTURE FLUID
$
15.30
Prelim report 2-5 days
CULTURE FUNGI ID YEAST (FUNC)
$
8.41
Prelim report 2-5 days
CULTURE FUNGUS ID & Mold
$
27.14
Prelim report 2-5 days
CULTURE GENITAL
$
8.62
Prelim report 2-5 days
CULTURE HERPES HSV
$
26.07
Prelim report 2-5 days
CULTURE MRSA
$
6.63
Prelim report 2-5 days
CULTURE RESPIRATORY
$
8.62
Prelim report 2-5 days
CULTURE SCREEN ONLY
$
8.62
Prelim report 2-5 days
CULTURE STREP B
$
6.63
Prelim report 2-5 days
CULTURE STOOL
$
9.44
Prelim report 2-5 days
CULTURE TISSUE
$
14.50
Prelim report 2-5 days
CULTURE URINE
$
8.07
Prelim report 2-5 days
CULTURE WOUND
$
8.62
Prelim report 2-5 days
CHLAMYDIA/GONORRHEA PCR (CT/NG)
$
70.18
24-48 hours
Cryptococcal Antigen, CSF
$
16.07
24-48 hours
D-DIMER
$
9.72
6 hours
DIGOXIN
$
13.28
60 minutes
DRUG ABUSE PANEL 6
$
62.14
60 minutes
E TEST
$
4.75
6 hours
ELECTROLYTE PANEL
$
7.01
60 minutes
ESTRADIOL
$
27.94
60 minutes
ETOH Ethyl Alcohol
$
114.43
60 minutes
FACTOR 2 PROTHROMBIN
$
65.69
24-48 hours
FACTOR 5 LEIDEN
$
73.37
24-48 hours
FECAL FAT
$
5.10
60 minutes
FERRITIN
$
13.63
60 minutes
FIBRINOGEN
$
9.72
60 minutes
FOLIC ACID - FOLATE
$
14.70
60 minutes
FOLIC ACID RBC
$
17.65
24-48 hours
FREE THYROXINE (FT4)
$
9.02
60 minutes
FLURSV PCR
$
142.63
24 hours
FLU Rapid
$
16.55
60 minutes
Page 2 of 9
Denver Health Medical Center
Department of Pathology Laboratory Services
2020-2022 Outreach Fee Schedule
Exhibit A
FSH
$
18.58
60 minutes
GENTAMICIN
$
16.38
60 minutes
GI - PCR Panel
$
416.78
1-4 hours (daily lam-11pm)
GGT
$
7.20
60 minutes
GLUCOSE BLOOD QUANT
$
3.93
60 minutes
GLUCOSE OTHER FLUID
$
3.93
60 minutes
GLUCOSE TEST
$
12.87
60 minutes
GLYCOSYLATED HEMOGLOBIN (HBA1c)
$
9.71
60 minutes
GRAM NEGATIVE COMBO SUSCEPTIBILITY
$
8.65
6 hours
GRAM POSITIVE COMBO SUSCEPTIBILITY
$
8.65
6 hours
GRAM POSITIVE SUSCEPTIBILITY
$
8.65
6 hours
SMEAR GRAM STAIN
$
4.27
60 minutes
HAPTOGLOBIN QUAN
$
12.58
60 minutes
HCG Urine Qualitative
$
8.61
60 minutes
HCG Serum Qualitative
$
7.52
24 hours
HCG Serum Quant
$
15.05
24 hours
HDL
$
8.19
60 minutes
HELICOBACTER PYLORI IgG
$
16.85
24-48 hours
HEMATOCRIT
$
2.37
60 minutes
HEMAGLOBIN
$
2.37
60 minutes
HbA1c
$
9.71
60 minutes
HEPATIC FUNCTION PANEL
$
8.17
60 minutes
HEPATITIS A IgM
$
11.26
24-48 hours
HEPATITIS A Total
$
12.39
24-48 hours
HEPATITIS B SURFACE ABY
$
10.74
24-48 hours
HEPATITIS B SURFACE AG El
$
10.33
24-48 hours
HEPATITIS B Core IGM
$
11.77
24-48 hours
HEPATITIS B Core Total
$
12.05
24-48 hours
HEPATITIS C AB TEST
$
11.77
24-48 hours
HEPATITIS C RNA Viral Load
$
42.84
24-48 hours
HEPARIN ASSAY-unfractionated
$
18.37
60 minutes
HEPARIN ASSAY -low molecular weight
$
13.09
60 minutes
HIV -1 DNA Viral Load
$
85.10
24-48 hours
HIV 1/2/O 4th generation
$
24.08
24 hours
HIV RAPID TEST
$
8.89
60 minutes
HPV by PCR
$
35.09
24-48 hours
HSV by PCR
$
35.09
36 hours
IgA
$
9.30
60 minutes
IgG
$
9.30
60 minutes
IgM
$
9.30
60 minutes
IMMUNFIX E-PHORSIS/URINE/
$
29.35
48-72 hours
IMMUNOFIX E-PHORESIS SERU
$
22.34
48-72 hours
IRON
$
6.47
60 minutes
IRON BINDING TEST
$
8.74
60 minutes
Page 3 of 9
Denver Health Medical Center
Department of Pathology Laboratory Services
2020-2022 Outreach Fee Schedule
Exhibit A
KIRBY BAUER
$
7.48
6 hours
LACTATE (LD) (LDH) ENZYME
$
6.04
60 minutes
LACTIC ACID
$
11.57
60 minutes
LH
$
18.52
60 minutes
LIPASE
$
6.89
60 minutes
LIPID PANEL
$
13.39
60 minutes
LITHIUM
$
6.61
60 minutes
MAGNESIUM
$
6.70
60 minutes
MICROALBUMIN
$
5.78
60 minutes
MICRO/AGAR DILUT-PER PLT
$
4.75
60 minutes
MICROBE SUSCEPT Disk
$
8.65
24-48 hours
MICROSCOPIC EXAM OF URINE
$
3.05
60 minutes
Mycobateria MTB by PCR
$
41.68
24-48 hours
MYCOBACTERIA CULTURE & Smear
$
22.87
24-48 hours
NASAL SMEAR FOR EOSINOPHI
$
5.79
60 minutes
OCCULT BLOOD
$
4.38
60 minutes
OSMOLALITY Serum
$
6.61
60 minutes
OSMOLALITY Urine
$
6.82
60 minutes
OVA AND PARASITES SMEARS
$
26.88
24-48 hours
PARATHYROID HORMONE - PTH
$
41.28
24-48 hours
PERTUSSIS PCR
$
35.09
24-48 hours
PHENYTOIN TOTAL
$
13.25
60 minutes
PHOSPHORUS
$
4.74
60 minutes
POTASSIUM
$
4.76
60 minutes
PREALBUMIN
$
14.59
60 minutes
PROLACTIN
$
19.38
60 minutes
PROCALCITONIN (PCT)
$
27.22
60 minutes
PROTEIN E-PHORESIS SERUM
$
10.74
24-48 hours
PROTEIN E-PHORESIS/URINE/
$
17.83
24-48 hours
PROTEIN OTHER
$
3.67
60 minutes
PROTEIN TOTAL SERUM
$
3.67
60 minutes
PROTHROMBIN TIME (PT)/INR
$
4.29
60 minutes
PTT (THROMBOPLASTIN TIME)
$
6.01
60 minutes
PSA TOTAL
$
18.39
60 minutes
Quantiferon Plus
$
61.98
3-5 days
RAPID STREP ONLY
$
16.53
60 minutes
RENAL FUNCTION PANEL
$
8.68
60 minutes
RESPIRATORY PCR Panel (Multiplex)
$
522.05
1-4 days (daily 7am-11pm)
RBC SED RATE AUTOMATED
$
2.70
60 minutes
RHEUMATOID FACTOR QUANT
$
5.67
60 minutes
RUBELLA ANTIBODY
$
14.39
60 minutes
SALICYLATE
$
114.43
60 minutes
SARS-COV2 BY PCR
$
51.00
48 Hours
Scabies Prep
$
4.27
24-48 hours
Page 4 of 9
Denver Health Medical Center
Department of Pathology Laboratory Services
2020-2022 Outreach Fee Schedule
Exhibit A
SEROLOGIC AGGLUTINATION
$
5.18
24-48 hours
SODIUM
$
4.81
60 minutes
RPR Syphillis
$
4.27
24-48 hours
SYNERGY QUAD
$
8.65
6 hours
SYPHILLIS -Treponema
$
13.24
24-48 hours
TESTOSTERONE
$
25.81
24-48 hours
THYROID STIM HORMON - TSH
$
16.80
60 minutes
THEOPHYLLINE
$
14.14
60 minutes
TOTAL TESTOSTERONE
$
25.81
60 minutes
Toxoplasma IgG
$
14.39
24-48 hours
Toxoplasma IgM
$
14.41
24-48 hours
TRANSFERRIN
$
12.76
60 minutes
TRIGLYCERIDES
$
5.74
60 minutes
TRIIODOTHYRONINE (T3)
$
14.18
24-48 hours
TROPONIN QUANT
$
12.47
60 minutes
UREA NITROGEN
$
5.56
60 minutes
URIC ACID
$
4.52
60 minutes
URINALYSIS AUTO W/ Reflex to Scope
$
2.25
60 minutes
URINALYSIS AUTO W/SCOPE
$
3.05
60 minutes
URINE ALBUMIN
$
7.78
60 minutes
URINE AMYLASE
$
6.48
60 minutes
URINE BARBITUATES
$
114.43
60 minutes
URINE BENZODIAZEPINES
$
114.43
60 minutes
URINE CALCIUM
$
6.48
60 minutes
URINE CHLORIDE
$
5.75
60 minutes
URINE COCAINE
$
62.14
60 minutes
URINE CREATININE
$
5.18
60 minutes
URINE ETOH
$
62.14
60 minutes
URINE GLUCOSE
$
3.93
60 minutes
URINE LSD
$
62.14
60 minutes
URINE MICROALBUMIN
$
5.78
60 minutes
URINE OSMOLALITY
$
6.82
60 minutes
URINE OXYCODONE
$
62.14
60 minutes
URINE PHENCYCLIDINE
$
114.43
60 minutes
URINE PHOSPHORUS
$
5.78
60 minutes
URINE POTASSIUM
$
4.73
60 minutes
URINE PROTEIN
$
3.67
60 minutes
URINE SODIUM
$
5.06
60 minutes
URINE THC
$
62.14
60 minutes
URINE/UREA-N
$
5.56
60 minutes
URINE URIC ACID
$
5.08
60 minutes
VANCOMYCIN
$
13.54
60 minutes
VALPROIC ACID
$
13.54
60 minutes
Venipuncture
$
12.90
N/A
Page 5 of 9
Denver Health Medical Center
Department of Pathology Laboratory Services
2020-2022 Outreach Fee Schedule
Exhibit A
Vitamin D 25 -OH
29.60
60 minutes
VITAMIN B-12
$ 15.08
60 minutes
Type & Screen
$ 15.75
60 minutes
Prenatal Type & Screen
15.75
60 minutes
DAT
57.47
60 minutes
Antibody ID Screen
113.51
60 minutes
Antibody Titer
14.95
60 minutes
AP Lab Tests
AP Lab Fee
Slide & Block
$ 9.03/block & slide
AFP
70.00
ALK
70.00
bcl-2
70.00
bcl-6
70.00
BerEp4 (Epithelial Specific Antigen)
70.00
b-HCG
70.00
BOB -1
$ 70.00
Breast Cocktail
70.00
BRST-2
70.00
C4d (Cell Marque)
70.00
Calcitonin
70.00
Calponin
70.00
Calretinin
$ 70.00
CD1a
70.00
CD3
70.00
CD4
$ 70.00
CD5
$ 70.00
CD7
70.00
CD8
70.00
CD10
$ 70.00
CD15
$ 70.00
CD19
$ 70.00
CD2O
70.00
CD21 Cell Marque
70.00
CD23
70.00
CD30
70.00
CD31
70.00
CD34
70.00
CD43
70.00
CD44 Cell Marque $
70.00
CD45 1 $
70.00
CD56 I $ 70.00
CD57 1 $
70.00
CD61
70.00
Page 6 of 9
Denver Health Medical Center
Department of Pathology Laboratory Services
2020-2022 Outreach Fee Schedule
Exhibit A
CD68
$
70.00
CD79a
$
70.00
CD99
$
70.00
CD117
117
$
70.00
CD138
$
70.00
CDX2
$ 70.00
CEA(m)
$ 70.00
CEA(p)
$
70.00
Chromo
$
70.00
CK5/6 (Cell Marque)
$
70.00
CK7
$
70.00
CK8/18 (CAM 5.2)
$
70.00
CK19
$
70.00
CK2O
$ 70.00
CMV
$ 70.00
Cyclin D1
$
70.00
D2-40 Biocare
$
70.00
Desmin
$ 70.00
EBER
$
70.00
E-Cadherin
$
70.00
EGFr Dako
$
70.00
EMA
$ 70.00
ER
$ 70.00
Factor 13
70.00
Galectin 3
70.00
GFAP
$
70.00
Glypican 3 CellMarque
$
70.00
HepPar 1
$
70.00
Her2Neu
$
160.00
HHVS CM
$ 70.00
H M B45
$
70.00
H M W-cyto
$
70.00
H. pylori Biocare
$ 70.00
HSV 1&2
$ 70.00
IgA Cell Marque
$
70.00
Inhibin
$ 70.00
Kappa
70.00
Kappa Probe
$
70.00
Lambda
$
70.00
Lambda Probe
$ 70.00
Melan A
70.00
M I B-1
70.00
MLH1
$ 70.00
MSA
$
70.00
Page 7 of 9
Denver Health Medical Center
Department of Pathology Laboratory Services
2020-2022 Outreach Fee Schedule
Exhibit A
MSH2
$ 70.00
MSH6 Cell marque
70.00
MUC6 Cell Marque
70.00
MPO
70.00
Myogenin
70.00
Myosin Heavy Chain
70.00
Napsin A Cell Marque
70.00
Neurofilament
70.00
NSE
70.00
OCT2
70.00
OCT3/4
70.00
p16
70.00
p53
70.00
p57 CM
70.00
p63 Biocare
70.00
PAX -5
70.00
PAX -8 Cell Marque
70.00
Pan-cyto
$
70.00
PIN 4 Cocktail Biocare
70.00
PMS2 Cell Marque
70.00
FLAP
70.00
PR
70.00
PSA
70.00
PSAP
70.00
PSMA
70.00
RCC
70.00
5-100
70.00
SALL4 Biocare
70.00
SMA
70.00
SOX -2
70.00
SV40T Cell Marque
70.00
Synaptophysin
70.00
Tdt
70.00
Thyroglobulin
70.00
TTF-1
70.00
Tyrosinase
70.00
Uroplakin
70.00
Varicella Zoster
70.00
Vimentin
70.00
Von Willebrand Factor (Factor *)
70.00
WT -1
70.00
Reference Lab Testing*
Page 8 of 9
Denver Health Medical Center
Department of Pathology Laboratory Services
2020-2022 Outreach Fee Schedule
Exhibit A
* Reference Laboratory Test charges passed
onto customer with a $10.00 handling fee
applied per test.
**CP Lab Fees are based on the 2020 Medicare
Reimbursement Rate.
Page 9 of 9
LABORATORY SERVICES AGREEMENT - DENVER HEALTH AND HOSPITAL AUTHORITY
APPROVED AS TO SUBSTANCE:
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Department Head, or Elected Official
APPROVED AS TO FUNDING:
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Chief Financial Officer, or Controller
APPROVED AS TO FORM:
County Attorney
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