HomeMy WebLinkAbout20250225.tiffResolution
Approve Laboratory Services Agreement for Genetic Parentage Testing Services
and authorize Chair to sign — Laboratory Corporation of America Holdings
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Ruie 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 for
Genetic Parentage Testing Services between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the
Department of Human Services, and Laboratory Corporation of America Holdings,
commencing March 1, 2025, and ending February 28, 2028, 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 for Genetic Parentage Testing
Services between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Human Services,
and Laboratory Corporation of America Holdings, 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 22nd day of January, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro -Tern: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
cc: I-1SD
,:,./-1.4/25
2025-0225
HR0097
Con kva cf- (1)4 925
BOARD OF COUNTY COMMISSIONERS
PASS AROUND REVIEW
PASS -AROUND TITLE: Laboratory Services Agreement with Laboratory Corporation of America
Holdings
DEPARTMENT: Human Services DATE: January 14, 2025
PERSON REQUESTING: Jamie Ulrich, Director, Human Services
Brief description of the problem/issue: In 2022, the Department entered into a three (3) year
Agreement with Lab Corporation of America Holdings to provide genetic parentage testing services for
the Department of Human Services' (DHS) clients.
The Department is now requesting to enter into another three (3) year Agreement with Laboratory
Corporation of America Holdings. Both lab staff and DHS staff will be able to collect samples for testing.
Laboratory Services will provide, at no additional charge, all supplies necessary for the collection,
preparation and preservation of all specimens to be submitted to the Laboratory for testing.
What options exist for the Board?
Approval of the Agreement with Laboratory Corporation of America.
Deny approval of the Agreement with Laboratory Corporation of America.
Consequences: There will not be an agreement with Laboratory Corporation of America.
Impacts: The Department of Human Services will not have laboratory support to test for genetic
parentage and will need to find another option.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
Fee Schedule Unit
Cost
DNA Collection Services (Staff Collect)
Per Person
$38.00
DNA Collection Services (Lab Collect)
Per Person
$48.00
o Term: March 1, 2025 through February 28, 2028.
o Funded through the Department of Human Services.
2025-0225
Pass -Around Memorandum; January 14, 2025 — CMS ID 9025
l/zz Nf2009"1
Recommendation:
• Approval of this Agreement and authorize the Chair to sign electronically.
Support Recommendation Schedule
Place on BOCC Agenda
Perry L. Buck
Scott K. James
Jason S. Maxey
Lynette Peppier
Kevin D. Ross
Work Session Other/Comments:
Pass -Around Memorandum; January 14, 2025 - CMS ID 9025
LABORATORY SERVICES AGREEMENT
AGREEMENT MADE, by and between Weld County Board of County Commissioners on behalf of the
Child Support Division of the Weld County Department of Human Services (hereinafter called
"CLIENT") and Laboratory Corporation of America Holdings, (hereinafter called "LABORATORY").
WHEREAS, LABORATORY is engaged in the business of providing parentage testing services; and
WHEREAS, CLIENT desires to contract with LABORATORY to provide parentage testing services for
CLIENT, and LABORATORY desires to provide the services described herein,
IT IS THEREFORE AGREED AS FOLLOWS:
1. TERM AND TERMINATION
This Agreement shall be in effect from March 1, 2025 through February 28, 2028 for an initial
term of three (3) years with the option to renew on an annual basis. This Agreement may be
terminated by either party at any time by giving the other party thirty (30) days prior written
notice to the address set forth in Section 10.
2. TESTING SERVICES
LABORATORY agrees to perform such genetic parentage testing services for the CLIENT as are
ordered by CLIENT during the term. Such services shall include genetic marker testing as
described in Exhibit 1 (attached hereto), as the same may be modified from time to time by
LABORATORY, and such additional services as the parties may agree.
3. ADDITIONAL SERVICES
A. SPECIMEN COLLECTION
LABORATORY will provide buccal swab specimen collections at locations and times
agreed upon by both parties.
B. SUPPLIES
LABORATORY will provide, at no additional charge, all supplies necessary for the
collection, preparation, and preservation of all specimens to be submitted to the
LABORATORY for testing.
C. CONSULTATION
LABORATORY staff shall be available to consult with CLIENT by telephone during
normal LABORATORY working hours to discuss LABORATORY procedures and to
explain test results.
4. FEES
LABORATORY agrees to charge, and CLIENT agrees to pay (to the extent responsible for
payment), for all laboratory testing and other services provided under this Agreement, in the
manner and in the amounts set forth in Exhibit 2 (attached hereto).
5. BILLING
LABORATORY will submit to CLIENT on or about the FIFTEENTH (15th) of each month an
itemized statement of services rendered to CLIENT by LABORATORY for the prior month, and
CLIENT agrees to remit payment to the LABORATORY upon receipt of said statement. Failure
to remit payment within thirty (30) days of receipt of statement may result, among other remedies
available to LABORATORY, in the loss or reduction of the CLIENT's special prices on future
services or discontinuation of service. If, as a result of such non-payment, LABORATORY
removes special prices, the terms and prices contained in LABORATORY's current Fee Schedule
shall be incorporated by reference into this Agreement. LABORATORY may, at its option,
reinstate special prices on business referred to LABORATORY after CLIENT brings its balances
current. Nothing in the foregoing provision shall serve to waive any rights or remedies available
to LABORATORY with respect to its providing of services to CLIENT.
6. ACCREDITATION OF TESTING SITES
Testing performed hereunder shall be performed at LABORATORY's parentage testing facility
located in Burlington, North Carolina. The facility is and shall remain a duly licensed clinical
laboratory under applicable federal, state, and municipal law. Current accreditations and licenses
for the facility are available upon request.
7. PREVENTION OF FRAUD, WASTE AND ABUSE
The terms of this Agreement are intended to be in compliance with all applicable federal, state
and local statutes, regulations and ordinances applicable on the date the Agreement takes effect
including but not limited to, the Program Fraud Civil Remedies Act of 1986, the Deficit
Reduction Act of 2005, the related Federal Civil False Claims Act and State False Claims Acts,
and associated whistleblower protections. LABORATORY has written policies and procedures
for detecting and preventing fraud, waste, and abuse and expects that test orders, services,
supplies, or materials provided to LABORATORY are in accordance with the requirements of the
applicable federal and state laws.
8. CHANGE IN LAW OR REGULATION
Should either party reasonably conclude that any portion of this Agreement is or may be in
violation of such requirements or any other legal requirements or subsequent modifications by
federal, state or local authorities, or if any such change or proposed change would materially alter
the amount or method of compensating LABORATORY for Services performed for CLIENT or
for any other party under this Agreement, or would materially increase the cost of
LABORATORY's performance hereunder, the patties agree to negotiate written modifications to
this Agreement as may be necessary to establish compliance with such authorities and/or to reflect
applicable changes in compensation necessitated by such legal requirements.
9. NON -ASSIGNABILITY
This Agreement shall not be assigned, delegated, or transferred by either party without the written
consent of the other party. A merger or corporate reorganization shall not be considered as
assignment requiring written consent.
10. NOTICES
Any notice required to be given pursuant to the terms and provisions hereof shall be in writing
and shall be sent by certified or registered mail to LABORATORY at:
Laboratory Corporation of America Holdings
DNA Identification Testing Division
1440 York Court
Burlington, NC 27215
Attn: Contracts Department
2
with a copy to:
Laboratory Corporation of America Holdings
531 South Spring Street
Burlington, NC 27215
Attn: Law Department
and to CLIENT at:
Weld County
Child Support Services Division
822 7TH Street, 6. Floor
Greeley, Colorado 80631
Attn: Kyle Ewertz
11. INDEPENDENT RELATIONSHIP
None of the provisions of this Agreement are intended to create, nor shall be deemed or construed
to create any relationship between the CLIENT and LABORATORY other than that of
independent entities contracting with each other hereunder solely for the purpose of effecting the
provisions of this Agreement. Neither of the parties hereto, nor any of their respective employees
shall be construed to be the agent, employer or representative of the other.
12. FORCE MAJEURE
Neither LABORATORY nor CLIENT shall be liable for any failure or inability to perform their
respective obligations under this Agreement due to any cause beyond the reasonable control of
the non -performing party, including but not limited to acts of God, regulations or laws of any
government or agency (including government or agency mandated restriction or redistribution of
supplies and/or personal protective equipment ("PPE")), acts of war or terrorism, acts of civil or
military authority, fires, floods, accidents, pandemics (including supply, PPE and labor shortages
caused therefrom or as a result thereof), quarantine restrictions, unusually severe weather,
explosions, earthquakes, strikes, labor disputes, loss or interruption of electrical power or other
public utility, freight embargoes or delays in transportation, or any similar or dissimilar cause
beyond its reasonable control (collectively, a "Force Majeure Event"). If a party's non-
performance under this section extends for fourteen (14) days or longer, the party affected by
such non-performance may terminate this Agreement by providing written notice thereof to the
other party.
13. WARRANTY
LABORATORY WARRANTS TO CLIENT THAT ALL SERVICES PROVIDED
HEREUNDER SHALL BE PERFORMED IN ACCORDANCE WITH ESTABLISHED AND
RECOGNIZED IDENTITY TESTING PROCEDURES AND WITH REASONABLE CARE IN
ACCORDANCE WITH APPLICABLE FEDERAL, STATE, AND LOCAL LAWS. NO
OTHER WARRANTIES ARE MADE BY LABORATORY. IN NO EVENT SHALL EITHER
PARTY BE HELD RESPONSIBLE FOR PUNITIVE DAMAGES, OR CONSEQUENTIAL,
INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING LOST PROFITS OR REVENUE)
INCURRED BY THE OTHER PARTY OR OF ANY THIRD PARTY.
14. BENEFIT
This Agreement is intended to inure only to the benefit of LABORATORY and CLIENT. This
Agreement is not intended to create, nor shall be deemed or construed to create any rights in any
third parties.
3
15. NONDISCRIMINATION
All services provided by LABORATORY hereunder shall be in compliance with all applicable
Federal and State laws prohibiting discrimination on the basis of race, color, religion, sex,
national origin, handicap or veteran status.
16. HEADINGS
The headings appearing in this Agreement are for convenience and reference only, and are not
intended to, and shall not, define or limit the scope of the provisions to which they relate.
17. ENFORCEABILITY/SEVERANCE CLAUSE
The invalidity or unenforceability of any terms or provisions hereto in any jurisdiction shall in no
way affect the validity or enforceability of any of the other terms or provisions in that jurisdiction
or of the entire Agreement in any other jurisdiction.
18. INTEGRATION
This instrument is intended by the parties as a final expression of their agreement and as a
complete statement of the terms thereof and shall supersede all previous understandings and
agreements. The parties shall not be bound by any representation, promise or inducement made
by either party or agent of either party that is not set forth in this Agreement. If the terms or
conditions contained in any exhibit or attachment to this Agreement or any document
incorporated by reference is in conflict with the terms and conditions set forth in the body of the
Agreement, the terms and conditions in the Agreement shall control.
19. WAIVER
No course or dealing between CLIENT and LABORATORY or any delay on the part of
LABORATORY in exercising any rights it may have under this Agreement shall operate as a
waiver of any of the rights of LABORATORY hereunder, and no express waiver shall affect any
condition, covenant, rule or regulations other than the one specified in such waiver and that one
only for the time and in the manner specifically stated.
20. ACCESS TO BOOKS AND RECORDS
If LABORATORY should be deemed a subcontractor subject to the disclosure requirements of
42 U.S.C. 1395x (v) (1) (I), LABORATORY shall until expiration of four (4) years make
available, upon written request to the Secretary of Health and Human Services, or upon request to
the Comptroller General, or any of their duly authorized representatives, a copy of this
Agreement and the books, documents and records of LABORATORY that are necessary to
certify the nature and extent of the costs incurred under this Agreement through a subcontractor
with a value or cost of $10,000.00 or more over a twelve (12) month period. With a third party,
such subcontractor shall contain a clause to the effect that, should the third party be deemed a
related organization, until the expiration of four (4) years after the furnishing of services pursuant
to such subcontract, the third party shall make available upon written request to the Secretary of
Health and Human Services, or upon request to the Comptroller General, or any of their duly
authorized representatives, a copy of the subcontract, and the books, documents and records of
such third party that are necessary to verify the nature and extent of the costs incurred under this
Agreement.
21. EFFECTIVE DATE
This Agreement shall not be effective until it is signed by an authorized representative of
LABORATORY and an Acceptance Date is assigned by the DNA Identification Testing
Division, Contracts Department.
4
22. MODIFICATION
This Agreement may not be modified except in writing signed by authorized representatives of
both parties. All modifications must also be accepted in writing by LABORATORY's DNA
Identification Testing Division, Contracts Department Any purchase order or other document
issued by the CLIENT with respect to the subject matter of this Agreement shall be subject to and
governed by the terms and conditions hereof, and the terms and conditions of this Agreement
shall supersede any conflicting, different or additional terms and conditions of such purchase
order or other document whether or not they would materially alter this Agreement
23. CHOICE OF LAW/JURISDICTION
Colorado law, and rules and regulations established pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this Agreement. Any provision included or
incorporated herein by reference which conflicts with said laws, riles and/or regulations shall be
null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld
County District Court shall have exclusive jurisdiction to resolve said dispute.
24. GOVERNMENTAL IMMUNITY
No teen or condition of this Agreement shall be construed or interpreted as a waiver, express or
implied, of any of the immunities, rights, benefits, protections, or other provision, of the Colorado
Governmental Immunity Act §§24!0-101 et seq., as applicable now or hereafter amended.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their names as their
official acts by their respective representatives, each of whom is duly authorized to execute the same.
Board of County Commissioners
Weld County, Colorado
ATTEST: C1 vJeliO4
Clerk to the Board
By: 4 Oi/ciOW7
Deputy Clerk to the Board
Laboratory Corporation of America Holdings
Signature: p
Name: Mic 1 F. Minaharr
Title: Sr. Vice (resident and General Manager, Genetics, Women's Health, and Specialty
Testing Division: DNA Identification Testing Division
Date: 2/10/25
EXHIBIT 1
SPECIFICATIONS OF WORK TO BE PERFORMED
SERVICES: LABORATORY will provide genetic parentage testing services for CLIENT.
LABORATORY will provide specimen collection services at a mutually agreed upon location(s). All
specimens for genetic parentage testing will be handled by standard chain -of -custody procedures. All
supplies required for specimen collection, party identification, specimen packaging and transportation
will be provided by LABORATORY.
GENETIC MARKER TESTING: LABORATORY has an extensive array of genetic marker tests from
which to construct test batteries that will provide at least:
LabCorp's testing provides an average cumulative power of exclusion of greater than 99.9999%.
LabCorp's median combined paternity index for non -excluded men is currently greater than one billion
to one (1,000,000,000 to 1) (equivalent to a probability of paternity of 99.999999%). If appropriate,
LabCorp has the ability to test additional genetic systems. If an individual is excluded, the results will
typically reflect inconsistencies in at least four (4) independent test systems
REPORTING OF RESULTS: Upon completion of the test battery ordered, an evaluation of the test
results will be performed by a Director. The case will be finalized and a final report issued if (1) the
alleged father is excluded from paternity in at least two independent genetic marker systems, or (2) the
alleged father is not excluded from paternity and the probability of paternity is equal to or greater than
99.5%. If neither of these conditions is realized, additional testing will be performed until one of these
conditions is met. There will be no additional charge for such extended testing. Original reports of test
results and evaluation will be mailed to the account, which ordered the testing. Copies of the report will
be mailed to those entities designated by the initiating account. In addition, the original Client
Authorization/Chain of Custody Form with attached photographs will accompany the original report.
EXPERT WITNESS: LABORATORY will, at the request of CLIENT, provide testimonial and witness
services with respect to specimens tested under the Agreement. LABORATORY shall receive a two-
week notice by the CLIENT for scheduling an expert to appear.
6
EXHIBIT 2
FEE SCHEDULE
DNA Collection Services (Staff Collect) $38.00 per person
DNA Collection Services (Lab Collect) $48.00 per person
7
Contract Form
Entity Information
Entity Name *
LABORATORY CORPORATION OF
AMERICA HOLDINGS
Entity ID*
@00021609
New Entity?
Contract Name* Contract ID
LABORATORY CORPORATION OF AMERICA HOLDINGS 9025
(AGREEMENT FOR LABORATORY SERVICES)
Contract Status
CTB REVIEW
Contract Lead *
WLUNA
Contract Lead Email
wluna@weld.gov;cobbxxl
k@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description *
AGREEMENT TO PROVIDE GENETIC PARENTAGE TESTING FOR DHS CLIENTS - SPECIMEN COLLECTION BY BOTH
LAB AND DHS STAFF . TERM DATE MARCH 1, 2025 - FEBRUARY 28, 2028. FOR AN INITIAL TERM OF THREE (3)
YEARS WITH THE OPTION TO RENEW ON AN ANNUAL BASIS. T
Contract Description 2
PA WILL ROUTE WITH THIS CMS/ONBASE ENTRY. **THIS WILL BE A DOCUSIGN.
Contract Type*
AGREEMENT
Amount*
$0.00
Renewable*
YES
Automatic Renewal
Grant
IGA
Department Requested BOCC Agenda Due Date
HUMAN SERVICES Date* 01/18/2025
01/22/2025
Department Email
CM-
HumanServices@weld.gov
Department Head Email
CM-HumanServices-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
Will a work session with BOCC be required?*
NO
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*
12/29/2025
Renewal Date *
03/01/2026
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
JAMIE ULRICH CHERYL PATTELLI BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
01/15/2025 01/16/2025 01/16/2025
Final Approval
BOCC Approved Tyler Ref #
AG 012225
BOCC Signed Date Originator
WLUNA
BOCC Agenda Date
01/22/2025
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