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HomeMy WebLinkAbout20170510RESOLUTION RE: APPROVE PURCHASE OF SERVICES AGREEMENT FOR MEDICAL TESTING AND AUTHORIZE CHAIR TO SIGN - SOUTH POINTE MEDICAL CLINIC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Purchase of Services Agreement for Medical 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 Public Health and Environment, and South Pointe Medical Clinic, commencing January 1, 2017, and ending December 31, 2017, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Purchase of Services Agreement for Medical 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 Public Health and Environment, and South Pointe Medical Clinic 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 15th day of February, A.D., 2017, nunc pro tunc January 1, 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLO'ADO ATTEST: ditAvo jC,L ;ei Weld County Clerk to the Board BY/. uty Clerk to the Board APPROVED AS T ounty Attorney Date of signature: 3lCo ( ( Ju ie A,, ozad, Chair arbara Kirkmeyer CG Hl- C3T(TG/ MW) O3/O&M"? 2017-0510 HL0049 botll-rad ID4hogi Memorandum TO: Julie A. Cozad, Chair Board of County Commissioners FROM: Mark E. Wallace, MD, MPH Executive Director Department of Public Health & Environment DATE: February 2, 2017 SUBJECT: Purchase of Services Agreement for Medical Testing Services with South Pointe Medical Clinic For the Board's approval is a Purchase of Services Agreement for medical testing services between South Pointe Medical Clinic ("Clinic") and the Weld County Board of County, State of Colorado, on behalf of the Weld County Department of Public Health and Environment ("WCDPHE"). This contract will provide for the testing of sexually transmitted infection samples provided by the Clinic, as well as other medical testing that may be requested in the future by the Clinic. This contract period will cover January 1, 2017, through December 31, 2017, and will renew automatically for successive one year periods thereafter unless terminated sooner in writing by either party. This contract was approved for placement on the Board's agenda via pass -around memo date January 13, 2017. I recommend approval of this contract with South Pointe Medical Clinic. 2017-0510 WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org PURCHASE OF SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 1st day of January, 2017, by and between South Pointe Medical Clinic, whose address is 380 Empire Road, Lafayette, CO 80026, (hereinafter referred to as "Clinic"), and the Board of County Commissioners for the County of Weld, State of Colorado, on behalf of the Weld County Department of Public Health and Environment (hereinafter referred to as "Health Department"), and whose office is located at 1555 North 17th Avenue, Greeley, Colorado 80631. WITNESSETH: WHEREAS, Weld County Department of Public Health and Environment has a laboratory which is able to perform testing for the detection of certain Medical parameters of interest. WHEREAS, the Clinic desires to purchase these services. NOW, THEREFORE, for and in consideration of the premises and mutual covenants contained herein, the parties hereto covenant and agree as follows: 1. TERM: This Agreement shall be in effect for the period January 1, 2017, through December 31, 2017, and shall be renewed automatically for successive one year periods thereafter unless terminated sooner pursuant to the termination provisions contained in paragraph 7 of this agreement. 2. RESPONSIBILITIES: Health Administration Vital Records rele: 970-304-6410 Fax: 970-304-6412 a. Weld County will provide specimen laboratory forms in electronic format, collection swabs, specimen analysis, for detection of the Medical parameters of interest. The laboratory will provide testing using validated and CLIA inspected and approved methodologies. b. Weld County agrees to e-mail final results on the day of testing or by the following day. All emails will be encrypted before sending. Testing will be performed as least once per week unless the Clinic is notified in advance of a delay in testing. Public Health & Clinical Services Tele: 970-304-6420 Fax: 970-304-6416 Environmental Health SOP/iC4Ht Tele: 970-304-6415 Fax: 970-304-6411 Communication, Education & Planning Tele: 970-304-6470 Fax: 970-304-6452 Emergency Preparedness & Response Tele: 910-304-64/0 Fax: 970-304-6452 Public Health 3. COMPENSATION: From January 1, 2017, until December 31, 2017, the Clinic agrees to reimburse Weld County at the fee rates annually approved by the Board of County Commissioners. Observing volume discounts may apply and on a case by case basis, see Appendix A. If this Agreement is renewed pursuant to the provisions of Paragraph 1, for any successive year, the Clinic agrees that the reimbursement rate will be the rate established by Weld County for that renewed term. Health Department shall notify the Clinic of any change in the contracted fee for the upcoming term no later than November 30th of the ending term. Clinic shall be deemed to have accepted the change in the contracted fee for the applicable upcoming term if System has not objected to said change prior to December 31 of the ending term. 4. ASSURANCES: a. Weld County and the Clinic agree that both are independent contractors, and officers or employees of each county do not become employees of the other and are not entitled to any employee benefits as employees of the other county as the result of the execution of this Agreement. b. Weld County, the Board of County Commissioners of Weld County, its officers and employees shall not be held liable for injuries or damages caused by any negligent acts or omissions of the Clinic or its employees, volunteers, or agents while performing contractual duties which did not have specific prior written approval of the Weld County Board of Commissioners. The Clinic shall defend and hold harmless Weld County, the Board of Commissioners of Weld County, its officers and employees, volunteers, and agents. The Clinic shall provide Workers' compensation insurance for all its employees engaged in the performance of this Agreement, as required by the Colorado Workers Compensation Act. South Pointe Clinics, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of Weld County, or its employees, volunteers, or agents while performing contractual duties which did not have specific prior written approval of South Pointe Clinics. Weld County shall defend and hold harmless South Pointe Clinics, its officers and employees, volunteers, and agents. Weld County shall provide Workers' Compensation insurance for all of its employees engaged in the performance of this agreement as required by the Colorado Worker's Compensation Act. c. No officer, member, or employee of Weld County, or the Clinic, and no member of its governing bodies shall have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof. d. Weld County and the Clinic assure that each will comply with Title VI of the Civil Rights Act of 1986 and that no person shall, on the grounds of race, creed, sex, or national origin, be excluded from participation in or be otherwise subjected to discrimination under this Agreement. e. No portion of this Agreement shall be deemed to constitute a waiver of any immunities that parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party to this Agreement. No portion of this Agreement shall be deemed to create an obligation on the part of the County of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year. g• If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Agreement and each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. h. This Agreement is expressly made subject to all laws and regulations of the United States, the State of Colorado, South Pointe Clinics, and Weld County. Contractual provisions required by such laws and regulations, but not having been set out herein, are hereby incorporated by this reference as through expressly set out in full. All parties of this Agreement are hereby put on notice and charged with the responsibility of compliance with such contract provisions as required by law. 5. MODIFICATION OF AGREEMENT: All modifications to this agreement shall be in writing and signed by both parties. 6. ASSIGNMENTS: This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. Neither the Clinic nor Weld County may assign any of their rights or obligations hereunder without the prior written consent to the other party. 7. TERMINATION: Either party may terminate this Agreement for any reason, so long as 10 days written notice of its intent to so terminate is given to the other party. 8. ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof any may not be changed or modified except as stated in Paragraph 5 herein. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day, month, and year first above written. Attes M, SC. CLERK TO THE BOARD BY: eputy Cle South Pointe Medical Clinic BY: COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS F WELD COUNTY Julie Cozad, Chair FEV1 5�7 WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT BY: kuy fzvstzlF'��-^i Mark Wallace, M.D., MPH Executive Director do/7-6,570 Appendix A 2017 South Point Clinic Medical Fee Schedule Parameter 2017 Fee Chlamydia trachomatis/ Neisseria gonorrhea Combo Test $38.25 Trichomonas $25.50 Syphilis $9.00 Tuberculosis- QuantiFERON Gold $45.00 Hello