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HomeMy WebLinkAbout20220987.tiffRESOLUTION RE: APPROVE LABORATORY SERVICES AGREEMENT FOR GENETIC PARENTAGE TESTING 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 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 for Genetic Parentage Testing 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, 2022, and ending February 28, 2025, 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 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 above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of March, A.D., 2022, nunc pro tunc March 1, 2022. BOARD OF COUNTY COMMISSIONERS WELDA UNTY, COLORADO ATTEST:diSOC jefoi oi Weld County Clerk to the Board County Atto ey Date of signature: W /7/22 - Scot ames, Chair CC: HSD /i3122 2022-0987 HR0094 Cov+vac,4- tutii 5(.0(69 PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: March 22, 2022 TO: Board of County Commissioners — Pass -Around FR: Jamie Ulrich, Director, Human Services RE: Agreement with Laboratory Corporation of America Please review and indicate if you would like a work session prior to placing this item on the Board's agenda. Request Board Approval of the Department's Agreement with Laboratory Corporation of America. The Department would like to enter into an Agreement with Laboratory Corporation of America to provide genetic parentage testing for the Department of Human Services (DHS) clients. Both lab staff and DHS staff will be able to collect samples for testing. The fees for testing are as follows: Test Name Fee Standard Testing Genetic Parentage Test $48.00/collection- Lab Collect $38.00/collection- DHS Staff Collect Legal (K. McDougal) has reviewed and approved the Agreement. I do not recommend a Work Session. I recommend approval of this Agreement and authorize the Chair to sign. Perry L. Buck Mike Freeman, Pro -Tern Scott K. James, Chair Steve Moreno Lori Saine Approve Schedule Recommendation Work Session Other/Comments: Pass -Around Memorandum; March 22, 2022 - CMS ID 5669 PROP 2022-0987 06/30 t -l-1--009 4 Karla Ford From: Sent: To: Subject: yes 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 Lori Saine Tuesday, March 22, 2022 1:10 PM Karla Ford RE: Please Reply - DHS PA #3 - CW LabCorp (CMS 5669) 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. From: Karla Ford <kford@weldgov.com> Sent: Monday, March 21, 2022 3:59 PM To: Lori Saine <Isaine@weldgov.com> Subject: Please Reply - DHS PA #3 - CW LabCorp (CMS 5669) Please advise if you approve recommendation. Thank you. Karla Ford Executive Assistant & Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kfordRweldgov.com :: ‘,vww.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** 1 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, 2022 through February 28, 2025 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 1 (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 1 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 accreditation's 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 parties 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 315 North 11th Avenue, Bldg. A PO Box A Greeley, Colorado 80632 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, rules 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 term 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 §§24-10-101 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. ATTEST: BY: Deputy Cler Laboratory Corporation of America By: Name: George C. Maha Title: Associate Vice President Division: DNA Identification Testing Division Date: Mar 17, 2022 COUNTY: BOA OF COUNTY COMMISSIONERS WELOUNT, COLORADO K. James, Chair MAR 3 0 2022 5 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. FEES: Genetic Parentage Testing Services Test Name Fee Standard Testing Genetic Parentage Test $48.00/collection- Lab Collect $38.00/collection- Staff Collect 6 Ent Entity Name* LABORATORY CORPORATION OF AMERICA HOLDINGS Entity ID* 800021609 CI New Entity? Contract Name * Contract ID LABORATORY CORPORATION OF AMERICA - LABCORP 5669 (.AGREEMENT FOR LABORATORY SERVICES) Contract Status CTB REVIEW Contract Lead* COB BXXLK Contract Lead Email cobbxxlk@co.vveld.co.us Parent Contract ID Requires Board Approval'. YES Department Project # Contract Description* AGREEMENT TO PROVIDE GENTIC PARANTAGE TESING FOR DHS CLIENTS - SPECIMEN COLLECTION BY BOTH LAB AND DHS STAFF. TERM DATE MARCH I, 2020 -FEBRUARY 28, 2025 FOR AN INITIAL TERM OF THREE (3) YEARS WITH THE OPTION TO RENEW ON AN ANNUAL BASIS. Contract Description 2 PA ROUTING THROUGH NORMAL APPROVAL PROCESS. ETA TO CTB 3/24/22. THIS AGREEMENT WILL BE REVIEWED YEARLY. Contract Type. AGREEMENT Amount * $0.00 Renewable* YES Automatic Renewal IGA Department HUMAN SERVICES Department Email CM- HumanS rvices ,veldgov.co m Department Head Email CM-HumanServices- OeptHead@weidgov.com County Attorney GENERAL COUNTY' ATTORNEY EMAIL County Attorney Email CM- COU NTYATTO RN EY�WELDG OV,COM Requested BOCC Agenda Date* 03130,'2022 Due Date 03126/2022 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 Effective Date Termination Notice Period Conta Contact Inf' Contact Type Contact Email. Contact Phone 1 Contact Phone 2 Contact Name Purchasing:: PurchasingApprover Department Head JAMIE ULRICH DH Approved Date 03/17;2022 BOCC Approved BOCC Signed Date BOCC Agenda Date 03,'30I2022 Originator COBBXXLK Review Date* 12 30 2022 Committed Delivery Date Finance Approver CHRIS D'OVID O Renewal Date* 02.28 2023 Expiration Date Purchasing Approved Date Finance Approved Date 03/2112022 Tyler Ref # AG 03 022 Legal Counsel CAITLIN PERRY Legal Counsel Approved Date 03(22,'2022 Cheryl Hoffman From: Sent: To: Cc: Subject: Attachments: Good afternoon CTB, FAST TRACK ITEM: Windy Luna Tuesday, January 24, 2023 2:50 PM CTB HS -Contract Management COMMUNICATION/FAST TRACK ITEM: Weld County CSE Laboratory Services Agreement (e).pdf; FW_ Review Requested_ Yearly review of LabCorp Agreement for genetic testing.pdf Attached please find the Weld County CSE Laboratory Services Agreement, (Tyler IDFF 2022-0987) (CMS# 5669). This Agreement is valid until February 28, 2025 and is reviewed on a yearly basis until it expires. This Agreement will be a Fast Track item in CMS for tracking purposes only. This will be CMS# 6642. —hank you! Windy Luna Contract Management and Compliance Coordinator Weld County Dept. of Human Services 315 N. 11th Ave., Bldg A PO Box A Greeley, CO 80632 (970) 400-6544 (970) 353-5212 >wlunagweldgov.com 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 Cheryl Hoffman From: Sent: To: Subject: noreply@weldgov.com Thursday, January 11, 2024 9:10 AM CM-ClerktoBoard; Windy Luna; Lesley Cobb; CM-HumanServices-DeptHead Fast Tracked Contract ID (7758) Contract # 7758 has been Fast Tracked to CM -Contract Maintenance. You will be notified in the future based on the Contract information below: Entity Name: LABORATORY CORPORATION OF AMERICA HOLDINGS Contract Name: LABORATORY CORPORATION OF AMERICA HOLDINGS (AGREEMENT FOR LABORATORY SERVICES) Contract Amount: $0.00 Contract ID: 7758 Contract Lead: WLUNA Department: HUMAN SERVICES ✓ 70 1- 77`r- Qc4a Review Date: 12/31/2024 Renewable Contract: NO Renew Date: Expiration Date:2/28/2025 Tyler Ref #: 20220987 Thank -you 1 4 020- O 96? kierD 9�- Cheryl Hoffman From: Sent: To: Cc: Subject: Attachments: Good morning CTB, FAST TRACK ITEM: Windy Luna Thursday, January 11, 2024 9:13 AM CTB HS -Contract Management FAST TRACK ITEM: Weld County CSE Laboratory Agreement (Tyler ID# 2022-0987 and CMS# 7758) Confirmation of Fast Track by Kyle.pdf; Weld County CSE Laboratory Services Agreement (e).pdf Attached please find the Weld County CSE Laboratory Agreement and confirmation of no changes by the Division. This is Tyler IDII 2022-0987 and CN/S4 7758. The Agreement will expire on February 28, 2025, and is reviewed on a yearly basis until it expires. This will be a Fast Track item in CMS for tracking purposes only. Thank you, Windy Luna Contract Administrative Coordinator Weld County Dept. of Human Services 315 N. 11th Ave., Bldg A PO Box A Greeley, CO 80632 (970) 400-6544 wluna@weld.gov ( 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 plioaA g8 Hello