The URL can be used to link to this page

Browse Search

Home My WebLink About20251357.tiffResolution Approve Service Agreement for Onsite Audiometric Screening for Hearing Conservation Program and Authorize Chair to Sign — Mobile Health Diagnostics, LLC 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 authonty of administering the affairs of Weld County, Colorado, and Whereas, the Board has been presented with a Service Agreement for Onsite Audiometnc Screening for the Hearing Conservation Program between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Departments of Human Resources and Public Works, and Mobile Health Diagnostics, LLC, commencing upon full execution of signatures, and ending May 18, 2026, 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 Service Agreement for Onsite Audiometric Screening for the Heanng Conservation Program between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Departments of Human Resources and Public Works, and Mobile Health Diagnostics, LLC, 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 Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 19th day of May, A D , 2025 Perry L Buck, Chair Aye Scott K James, Pro-Tem Aye Jason S Maxey Aye Lynette Peppler Aye Kevin D Ross Aye Approved as to Form: Bruce Barker, County Attorney Attest: Estber E Gesick, Clerk to the Board c c • pE(5s/K!./8P),PW(cHitmisB) O5/29 /25 2025-1357 EG0083 PE0036 Conrfrac-E- (Deg 4(pi BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Hearing Conservation Program DEPARTMENT: Human Resources PERSON REQUESTING: Jill Scott, Kelly Leffler DATE: May 13., 2025 Brief description of the problem/issue: Around 30 Public Works employees participate in a Hearing Conservation Program to comply with MSHA regulations. The program was previously managed through the Employee Medical Clinic, which used a hearing booth for required audiometric screenings. However, the booth is now inoperable, and a new vendor is needed. Mobile Health Diagnostics, LLC can conduct the screenings onsite in about 3 hours, minimizing field downtime and reducing workflow interruptions. What options exist for the Board? The BOCC can approve moving forward with Mobile Health Diagnostics, LLC, by signing the attached agreement. Or the BOCC can deny moving forward with the agreement with Mobile Health Diagnostics. Consequences: By approving to sign the agreement we can move forward with the audiometric screenings by the end of May and will remain in compliance with MSHA regulations. If we do not move forward with Mobile Health Diagnostics, LLC, Weld County is subject to falling out of compliance with MSHA regulations. Impacts: This decision will impact the ability to remain in compliance with MSHA safety regulations. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The cost to have Mobile Health Diagnostics, LLC come onsite to provide the approximately 30 hearing screenings and complete the Hearing Conservation Program for our employees for 2025 is $1,960. Recommendation: Human Resources recommends moving forward with the agreement with Mobile Health Diagnostics, LLC to complete our Hearing Conservation Program. The agreement has already been reviewed by Legal with no concerns. Perry L. Buck Scott K. James Jason S. Maxey Lynette Peppier Kevin D. Ross 5A9 Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: NI 01 AUL 2025-1357 On3 0031 Mobile Health Diagnostics, LLC Terms & Conditions This Service Agreement (this "Agreement") contains the terms and conditions that govern the services that will be provided to you or the entity you represent ("Client" or "you") by Mobile Health Diagnostics, LLC (also referred to as "MHD", "we," "us," or "our"). This Agreement takes effect when you click the "Submit" button or check box presented with these terms and we confirm acceptance, or, if earlier, when you use any of the Services (the "Effective Date"). You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity. The MHD and Client may individually be referred to as a "Party" or collectively as the "Parties". 1. Services We agree to provide you the services ("Services") contained in any applicable Purchase Order or as agreed to between MHD and you in writing (each, a "Project Assignment"). Each Project Assignment will be attached hereto as Exhibit A and be subject to the terms and conditions of this Agreement. Subject to the terms of this Agreement, we will render the services set forth in the Project Assignment(s) accepted by us (the "Services") by the completion dates set forth therein. Except as otherwise provided in the applicable Project Assignment, we will be free of control and direction from client (other than general oversight and control over the results of the Services) and will have exclusive control over the manner and means of performing the Services. 2. Client Responsibilities The Client acknowledges that the estimated scope of Services is dependent on their timely responsiveness to our inquiries, requests for information, and ability to provide the required documentation. If the Client fails to provide the requested documentation in a timely manner, it may impact the estimated scope of work, potentially resulting in additional service or rescheduling fees. All requested documentation and data must be submitted to our operations team at least one week prior to the agreed -upon appointment date. 2(a). Accessibility Upon termination or discontinuance of Services, Client shall have reasonable access to all Client data resulting from the Services and residing in MHD's database. MHD agrees to provide Client, at Client's sole cost and expense, complete test records and files in machine readable format. 3. Payment Terms Payment Requirement Details Deposit 50% of total cost before service commencement Accepted Payment Methods ACH/Wire, Credit Card, or Check Remaining Balance Due upon service completion before deliverable release 1.5% per month (18% Late Payment annually) for unpaid Charge balances after 30 days Credit Card Processing Fee 3% fee applies if paying by credit card Credit Card on File Required for fees and unpaid balances Purchase Order d ry invoicesRequireexceedingforse$5,ice000 4. Insurance MHD will keep in full force and effect, at its own expense, minimum liability insurance coverage for (a) commercial general and Mobile Health Diagnostics, LLC Terms & Conditions healthcare professional liability, including premises -operations, products and completed operations, and broad form contractual liability. If Client requests additional coverage, including alternate employer endorsements, waivers of subrogation, or additional coverage, Client agrees to pay incremental costs incurred by Mobile Health Diagnostics in obtaining such coverage. Type of Insurance Limits Commercial General Liability $1,000,000 Each Occurrence, $2,000,000 General Aggregate, $2,000,000 Products-Comp/Op Agg Automobile Liability $1,,00 mSingle Limit000(E0achCoaccidenbinedt) Umbrella Liability $5,000,000 Each Occurrence, $5,000,000 Aggregate Workers $1,000,000 Each Accident, Compensation and $1,000,000 EA Employee, Employers Liability $1,000,000 Policy Limit Professional $1,000,000 Each Claim, Liability $2,000,000 Each Aggregate 5. Force Majeure If, because of weather, acts of God, strikes or other labor disputes, supplier delays or interruptions, equipment failure, acts of war, terrorism or insurrection or any rule of statutory or other law of the federal or any state or local government which are not the fault or neglect of the party claiming the delay, or other unavoidable cause which is not the fault or neglect of the party claiming the delay, either party is unable to perform its obligations hereunder, such non-performance shall not be considered a breach of this agreement. 6. Service Period Term/Termination The Service Period shall be for one year from the date of the Service Agreement, which can be extended or renewed by mutual written agreement of the parties at the expiration of the one-year term. The Service fees are subject to annual price increases effective January 1 of each year provided 90 days advance written notice of changes is provided. 7. Cancellation & Rescheduling Provision Mobile Health Diagnostics, LLC incurs costs related to scheduling and fulfilling services. These costs incurred include but not limited to employee time, travel, technician booking, and equipment shipping. Therefore, in the event of cancellation or rescheduling of any scheduled Services, the following reimbursements to MHD will apply to each service date scheduled: 7(a). Cancellation: Notice Period Cancellation Reimbursement >60 days No reimbursement 30-60 days $295 J1 7-30 days 30% of invoice 2-7 days 50% of invoice 1-2 days 80% of invoice <24 hours 100% of invoice 7(b). Reschedule: Notice Period Rescheduling Reimbursement >30 days No reimbursement 15-30 days $295 8-15 days 10% of invoice 3-8 days 20% of invoice 1-2 days 40% of invoice <24 hours 50% of invoice 2 Mobile Health Diagnostics, LLC Terms & Conditions 8. Indemnification Except to the extent caused by the other party's gross negligence or willful misconduct and only to the extent permitted by applicable law, each party (the "Indemnifier") agrees to defend, indemnify and hold the other party (the "Indemnitee"), its directors, officers, agents and employees harmless from all loss, cost (including court costs and reasonable attorneys' fees) and expense resulting from any claims arising from the intentional misconduct or gross negligence of the Indemnifier or from the unauthorized release, disclosure or other communication to a third party of the other party's Confidential Information by the Indemnifier or the Indemnifier's employees, agents, contractors or representatives which was not approved in writing by the other party. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND REVENUE, EVEN IF SUCH PARTY HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. This indemnification provision shall survive the termination or discontinuance of the Services for a period of three years. 8(a). Regulatory Compliance & Responsibility The Client acknowledges and agrees that it is their sole responsibility to be aware of and comply with all applicable local, state, and federal regulations, including but not limited to those set forth by the Occupational Safety and Health Administration (OSHA) and the Mine Safety and Health Administration (MSHA). While MHD provides on -site consulting services and testing to support the Client in meeting these regulatory standards, the ultimate responsibility for compliance rests with the Client. MHD shall not be liable for any failure of the Client to comply with such regulations, nor for any penalties, fines, or legal actions resulting from non-compliance. The Client agrees to indemnify and hold harmless "MHD" from any claims, damages, or expenses arising from the Client's failure to adhere to the relevant regulations. 9. Confidentiality In connection with the Services to be provided, each Party ("Disclosing Party") may disclose to the other Party ("Receiving Party") certain Confidential Information (as defined below) and the Parties wish to preserve the proprietary, confidential and non- public nature of the disclosed Confidential Information. During the term of this Agreement and thereafter Receiving Party (i) will not use or permit the use of the Disclosing Party's Confidential Information in any manner or for any purpose not expressly set forth in this Agreement, (ii) will hold such Confidential Information in confidence and protect it from unauthorized use and disclosure, and (iii) will not disclose such Confidential Information to any third parties except as set forth in this Agreement. The Receiving Party will protect the Disclosing Party's Confidential Information from unauthorized use, access, or disclosure in the same manner as Receiving Party protects its own confidential information of a similar nature, but in no event will it exercise less than reasonable care. Notwithstanding the foregoing or anything to the contrary in this Agreement or any other agreement between the Parties, nothing in this Agreement shall limit Receiving Party's right to report possible violations of law or regulation with any federal, state, or local government agency. "Confidential Information" as used in this Agreement means all information disclosed by the Disclosing Party to the Receiving Party, whether during or before the term of this Agreement, that is not generally known in the 3 Mobile Health Diagnostics, LLC Terms & Conditions trade or industry and will include, without limitation: (a) information regarding pricing and scope of Services; (b) trade secrets, drawings, inventions, know-how; (c) information regarding plans for future products or services, development, business plans, business forecasts and budgets; and (d) any information regarding the Disclosing Party's employees or the result of any Services provided by MHD. Confidential Information also includes proprietary or confidential information of any third party who may disclose such information to either Party during their respective business. Confidential I nformation does not include information that (x) is or becomes a part of the public domain through no act or omission of Receiving Party, (y) is disclosed to Receiving Party by a third party without restrictions on disclosure, or (z) was in Receiving Party's lawful possession without obligation of confidentiality prior to the disclosure and was not obtained by Receiving Party either directly or indirectly from the Disclosing Party. In addition, nothing herein will be construed to prohibit disclosure of Confidential Information to the extent that law or valid order of a court or other governmental authority requires such disclosure. All Confidential Information furnished to the Receiving Party by the Disclosing Party is the sole and exclusive property of the Disclosing Party, except as specifically provided for in this Agreement. 10. Governing Law This Agreement will be governed in all respects by the laws of the United States of America and by the laws of the State of Colorado, without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date by their respective duly authorized officers: Company Name: Weld County Government Service Date(s): Signature: First and Last Name: Perry L. Buck Title: Chair, Board of Weld County Commissioners Date Signed: MAY 1 9 2025 Attest: W.,,,,trA.V �j�. Z40 Esther E. Gesick, Clerk to the Boar By: Deputy Clerk to the Board Z0ZS-1351 b Mobile Health Diagnostics, LLC Terms & Conditions 5 ,a►comcib CERTIFICATE OF LIABILITY INSURANCE 4. DATE (MM/DD/YYYY) 04/17/2025 ----- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES LLC/PHS 61614251 The Hartford Business Service Center 3600 Wiseman Blvd San Antonio, TX 78251 CONTACT NAME: PHONE (866) 467-8730 Ax (ac, No, Ext): (NC, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL# INSURED Mobile Health Diagnostics 12303 AIRPORT WAY STE 160 BROOMFIELD CO 80021-2729 INSURER A: Hartford Underwriters Insurance Company 30104 INSURER B : INSURER C INSURER D : INSURER E : INSURER F : • REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR MD po., NUMBER POLICY EFF IMM/DDIYYYYI POLICY EXP (MM/DD/Y YYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 ICLAIMS-MADEOCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $1 000,000 X General Liability MED EXP (Any one person) $10,000 A 61 SBA AT2LWL 07/16/2024 07/16/2025 PERSONAL &ADV INJURY $1,000,000 GENII AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY ❑ ❑ LOC PRODUCTS - COMP/OP AGG $2,000,000 JEo- OTHER: AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) ALL OWNED SCHEDULED 61 SBA AT2LWL 07/16/2024 07/16/2025 BODILY INJURY (Per accident) A _ AUTOS HIRED _ AUTOS NON -OWNED PROPERTY DAMAGE (Per accident) X AUTOS X AUTOS X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $5,000,000 A EXCESSLIAB MADE 61 SBA AT2LWL 07/16/2024 07/16/2025 AGGREGATE $5,000,000 DEDI IRETENTION $ 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY I STATUTE I I PER H ER ANY YM E.L. EACH ACCIDENT PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Ni A E.L. DISEASE -EA EMPLOYEE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT A Employment Practices Liability 61 SBA AT2LWL 07/16/2024 07/16/2025 Each Claim Limit $25,000 Insurance Annual Aggregate Limit $25,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. For Informational Purposes SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 12303 AIRPORT WAY STE 160 BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED BROOMFIELD CO 80021-2729 IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE _l-',-6-0,-, of (:,?0&,-ze>ez., ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Fore Entity Information Entity Name* Entity ID* MOBILE HEALTH DIAGNOSTICS LLC @00049871 Contract Name MOBILE HEALTH DIAGNOSTICS AGREEMENT Contract Status CTB REVIEW Q New Entity? Contract ID 9467 Contract Lead. BPETERSON Contract Lead Email bpeterson@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description* MOBILE HEALTH DIAGNOSTICS, LLC WILL PROVIDE AUDIOMETRIC SCREENINGS FOR APPROXIMATELY 30 PUBLIC WORKS EMPLOYEES TO ENSURE COMPLIANCE WITH MSHA REGULATIONS. Contract Description 2 THESE SCREENINGS WILL BE CONDUCTED ONSITE IN APPROXIMATELY 3 HOURS, MINIMIZING FIELD DOWNTIME AND REDUCING WORKFLOW INTERRUPTIONS. Contract Type* AGREEMENT Amount* $1,960.00 Renewable YES Automatic Renewal Grant IGA Department HUMAN RESOURCES Department Email CM- HumanResources@weld.g ov Department Head Email CM-HumanResources- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV Requested BOCC Agenda Due Date Date* 05/15/2025 05/19/2025 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 03/18/2026 Renewal Date* 05/19/2026 Committed Delivery Date Expiration Date Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel JILL SCOTT RUSTY WILLIAMS BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 05/15/2025 05/15/2025 05/16/2025 Final Approval BOCC Approved Tyler Ref # AG 051925 BOCC Signed Date Originator BPETERSON BOCC Agenda Date 05/19/2025 Hello