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HomeMy WebLinkAbout770551.tiff RESOLUTION RE: APPROVAL OF THE PROPOSED CONTRACT-GRANT FOR A REPLACEMENT AMBULANCE BETWEEN THE COLORADO DEPARTMENT OF HEALTH AND WELD COUNTY, AND AUTHORIZATION FOR CHAIRMAN TO SIGN SAME. 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 Weld County Ambulance Service Director has reviewed with the Board of County Commissioners of Weld County, Colorado, the proposed contract between the Colorado Department of Health and Weld County for the Department of Health, Education and Welfare grant to purchase a replacement ambulance. The Director further explained that the 1971 Cadillac ambulance now being operated by the Weld County Ambulance Service would be traded in since it has had the worst performance and service record. The grant from DHEW is part of their efforts nationwide to extend the advanced life support program, and WHEREAS, the Weld County Ambulance Service Director reviewed pertinent facts and requirements of the contract with the Board of County Commissioners by explaining that the grant amount from the DHEW would be $15, 000 . 00 which must be matched in like amount by Weld County, Colorado. The Director stated that, based on the latest estimates, the total cost of the vehicle, telemetry and cardiac monitoring equipment which must be included, according to standards as issued by the General Services Administration, is expected to be $36, 000 . 00, and WHEREAS, after taking into consideration all of the facts and figures presented to the Board of County Commissioners, said Board has determined that it would be in the best interest of Weld County to approve the aforementioned contract, and, in addition, authorize the Chairman to sign the same . NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the contract-grant between the Colorado Department of Health and Weld County for a replacement ambulance for the Weld County Ambulance Service, be, and hereby is, approved. s„,R,, f"f O �';;, 770551 CL 1/ fi _. . BE IT FURTHER RESOLVED by the Board, that the Chairman of the Board of County Commissioners of Weld County, Colorado, be authorized to sign the contract above-described. The aboire and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of November, A.D. , 1977. BOARD OF COUNTY COMMISSIONERS COUNTY, C RADO• nd la4 ATTEST: 1vIA.;AAMS1 Weld County Clerk and_Recorder and Clerk to the B rd / Deputy Count lerk P ROJ V tjv AS TO FO` M th•+ o County Attorney November 21, 1977 -2- form fi A('112A - 1)1 i'ART,M OR AGENCY NUMBER 260,40 CONTRACT ROUTINNG NUMBER 3 a4 • CONTRACT THIS CONTRACT, made this 20th day of September 1977 , by and between the State of Colorado for the use and benefit of the Department of .t Health. Emergency Medical SI,rvires niviginn 4210 E. 11th Avenue, Denver. Colorado hereinafter referred to as the State. and '2 Wg1d County Board of._Cnrissioners,_ Greeley, Colorado 80631 pa o0.4 7aS' hereinafter referred to as the contractor, WHEREAS. authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 1001 G/L Account Number 51557 Contract Encumbrance Number C294260 : and WHEREAS, required approval, cleanmce and coordination has been accomplished from and with appropriate agencies; and WHEREAS. '3 The STATE has formulated an Emergency Medical Services Systems . Plan pursuant to the Emergency Medical Services Systems Act of 1973; and WHEREAS, The STATE has received funding assistance under Section 1204 of the Emergency Medical Services Amendments of 1976 (P.L. 94-573) ; and WHEREAS, The STATE has determined the CONTRACTOR is justified and qualified to receive funding assistance under P.L. 94-573 for the provision of improved ambulance service to the community. • • • NOW THEREFORE, it is hereby agreed that for and in consideration of their mutual promises to each other, hereinafter stated, the parties agree as follows: I. .Q The CONTRACTOR agrees to upgrade the quality of ambulance service by the following: a) Purchase of a new ambulance vehicle which meets the minimum vehicular design as promulgated in the KKK-A-1822 document as issued January 2, 1974, and amended June 25, 1975 by the General Services Administration (Attachment "A" includes both documents) . b) Equip the new vehicle with medical equipment and supplies as specified in the "Essential Ambulance Equipment List" as issued by the American College of Surgeons (Attachment "B") . In addition, the vehicle will be equipped with "Advance Life Support" (ALS) equipment as outlined in the "JAMA" Booklet, February, 1974 (Attachment "C") . c) Install the vehicle with mobile communication equipment so as to provide direct two-way voice communications between the vehicle, its service dispatcher,and local hospital; and, with additional Bio-Medical telemetry capabilities. All communication equipment shall meet specifications outlined in "The Biomedical Telemetry Standard for Emergency Medical Comm- unications", Office of Telecommunications Policy, March, 1975 (Attachment "D") . 5 Page I of pages *(See instructions on reverse of Iasi page.) d) Insure one paramedic (who has successfully completed the national EMT-P curriculum) shall be dispatched on all calls and that said paramedic shall be located in the patient compartment when transporting a patient(s) . Further, that at least one State certified Emergency Medical Technicial (EMT) shall be dispatched so as to allow one paramedic and EMT for Advanced Life Support (ALS) vehicle staffing on a 24-hour basis. e) Designate a physician, licensed to practice medicine in Colorado, to serve as an advisor to the CONTRACTOR. The physician advisor shall be responsible for the following elements of Advanced Life Support: 1) implementation of treatment protocols. 2) periodic inservice training of paramedics. - 3) the provision of online medical consultation. 4) provide for audit and evaluation of ambulance runs. 2. The CONTRACTOR is responsible for the submission of performance, and inventory reports as requested by the STATE. Said reports shall meet STATE requirements and be in a format as determined by the STATE. 3. The CONTRACTOR agrees to provide for the maintenance, repair and upkeep of the vehicle, medical equipment and communications equipment. 4. The CONTRACTOR agrees to be bound by the terms and conditions stated in attachments A and B, C, and D, which by the reference are made a part hereof. 5. The CONTRACTOR must submit to the STATE within thirty (30) days following the execution of this contract, a plan for replacement of the vehicle, and its equipment. Said plan must be approved by the STATE. 6. The CONTRACTOR agrees to use the ambulance vehicle exclusively for emergency medical services and appropriate transfers of victims of trauma and critical illness. 7. The CONTRACTOR agrees to insure the vehicle in amounts consistent with the current value of the vehicle and its equipment and that proof of such insurance coverage be submitted to the State upon receipt of the vehicle by the CONTRACTOR. 8. The CONTRACTOR agrees to furnish ambulance service .24 hours per day, seven days per week. 9. The STATE or its designee shall inspect the vehicle, equipment and training credentials at least once annually. 10. This contract is not assignable without the written consent of both parties. 11. The STATE will, in consideration of said services cause to be paid to the CONTRACTOR a sum not to exceed fifteen thousand dollars ($15,000.00) in the following manner: a) Upon receipt of signed statement submitted in triplicate requesting reimbursement conditioned upon affirmation by the State Emergency Medical Services Division that all services were rendered in accordance with the contract, and b) Affirmation by the CONTRACTOR that appropriate equipment bidding procedures were applied in the purchase, and c) Certification that the vehicle meets minimum KKK-A-1822 criteria. 12. The term of this contract is beginning the date signed by the State Controller (approximately October 1, 1977) and continuing through June 30, 1982 with the following provisions: a) No payment shall be made under this contract for costs incurred after June 30, 1978. b) Project reporting requirements shall terminate on June 30, 1981. Page 2 of 5 pages COLORADO DEPARTMENT OF HEALTH — hereinafter, under the General Provisions, referred to as "Health". GENERAL PROVISIONS The parties to this Contract intend that the relationship between them contemplated by this Contract is that of employer-independent contractor. No agent, employee, or servant of Contractor shall be or shall be deemed to be an employee, agent, or servant of Health. Contractor will be solely and entirely responsible for its acts and the acts of its agents, employees, servants, and subcontractors during the performance of this Contract. At all times during the performance of this Contract, the Contractor shall strictly adhere to all applicable federal and state laws that have been or may hereafter be established. Contractor authorizes Health to perform audits and to make inspect- ions for the purpose of evaluating performance under this Contract. Contractor shall indemnify Health against all liability and loss, and against all claims and actions based upon or arising out of damage or injury, including death, to persons or property caused by or sustained in connection with the performance of the Contract or by conditions created thereby, or based upon any violation of any statute, ordinance, or regulation, and the defense of any such claims or actions. Either party shall have the right to terminate this agreement by giving the other party thirty days notice by registered mail, return receipt requested. If notice is so given, this agreement shall terminate on the - expiration of the thirty days, and the liability of the parties hereunder for the further performance of the terms of this agreement shall thereupon cease, but the parties shall not be relieved of the duty to perform their obligations up to the date of termination. This agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatso— ever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Riles. Page 3 of 5 Pages. Form 6-AC-0211 SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than ten thousand dollars for the construction,erection, repair, . maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included in this contract, duly execute and deliver to and file with the official whose signature appears below for the State, a good and sufficient bond to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety,conditioned for the due and faithful performance of the contract, and in addition, shall provide that if the contractor or his subcon- tractors fail to duly pay for any labor, materials, team hire. sustenance, provisions, provender or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done,the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond, when so required, is executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited, allowed or paid. MINIMUM WAGE 4. Except as otherwise provided by law. if this contract provides for the payment of more than five thousand dollars and requires or involves the employment of laborers or mechanics in the construction, alteration or repair of any building or other public work, (except highways, highway bridges, underpasses and highway structures of all kinds) within the geographical limits of the State, the rate of wage for all laborers and mechanics employed by the contractor or any subcontractor on the building or public work covered by this contract shall be not less than the prevailing rate of wages for work of a similar nature in the city,town,village or other civil subdivision of the State in which the building or other public work is located. Disputes respecting prevailing rates will be resolved as provided in 8-16-101, CRS 1973, as amended. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (24-34-301, CRS 1973, as amended), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975.Pursuant thereto, the following provisions shall be contained in all State contracts or sub-contracts. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertisings:lay-offs or terminations:rates of pay or other forms of compensation:and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (2) The contractor will. in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers', representative of the contractor's committment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. (4) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16. 1975,and by the rules, regulations and Orders of the Governor, or pursuant thereto,'and will permit access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity, because of race,creed, color,sex,national origin,or ancestry. (6) A labor organization, or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder;or attempt,either directly or indirectly,to commit any act defined in this contract to be discriminatory. page 11 of pages Form 6-AC-02C (7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. (8) The contractor will include the provisions of paragraphs (1) through (8) in every sub-contract and sub-contractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975,so that such provisions will be binding upon each sub-contractor or vendor. The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6. Provisions of 8-17-101, & 102, CRS 1973 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. The signatories hereto aver that they are familiar with 18-8-301, et seq., (Bribery and Corrupt Influences) and 18-8-401, et seq., (Abuse of Public Office), C.R.S. 1973, as amended,and that no violation of such provisions is present. 9. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above written. June Steinmark, Chairman, STATE OF COLORADO Weld Co. Board of Comm's Toners RICHARD LAMM, GOVERNOR Greel Colorado B Contractor FORYTHE EXECUTIVE DIRECTOR. DEPARTMENT Position OF_ HEALTH Social Security Number or Employer ID APPROVALS ATTORNEY GENERA J . (u cF LANE C ROLLER f`1t\ By By 1 • • , JR. Assistant olicitor General General Legal Services Page 5 which is the last of 5 pages `See instructions on reverse side. -e mEmoRAnDum MillieTo Leonard Roe, County Commissionedate October 17, 1977, COLORADO From Jerry Wnnet¢ Weld County Ambulance Servire tk- subject: Proposed Contract-Grant for Replacement Ambulance Attached is the proposed contract between the Colorado Department of Health and Weld County for the DHEW Grant to purchase a replacement ambulance. The 1971 Cadillac ambulance would be traded-in, since it has had the worst performance and service record. The grant from DREW is part of their efforts nationwide to extend the advanced life support program. The following are the pertinent facts regarding the proposed contract: Requirements 1. The new vehicle must meet KKK-A-1822 standards as issued by the General Services Administration. However, we would be free to make any changes that we want in our last specifications, so long as the changes stay within the overall guidelines. Hopefully, we could make some adjustments that would save some money in the purchase price. 2. The vehicle must be equipped with the advanced life support equipment and telemetry. 3. One paramedic and one EMT must be available on a 24-hour basis with the new vehicle. This requires no additional personnel or schedule changes. 4. A physician advisor must be appointed. This has already been accomplished as part of the current paramedic program. Dr. Rodney Orr is our present advisor. 5. The County agrees to replace the vehicle at such time as may be necessary. Funding 1. The grant amount is $15,000, which must be matched by $15,000 from Weld County. This money is part of our request from the Revenue Sharing Funds. Leonard Roe, County Commissioner Page 2 2. Based on my specifications, current prices, and the anticipated trade-in value of the 1971 Cadillac, we estimate the net price of the new vehicle to be $26,000. The best guess at the trade-in value is $3,000. We hope that the remainder of the $30,000 can be used to purchase the telemetry equipment, which is estimated at $4,000. This equipment must be furnished before the vehicle is put in service. If the cost of the telemetry can be handled through the grant, the County would be spared this expense. 3. All costs under the grant must be incurred by June 30, 1978. 4. There is an additional grant of $4,000 available through EMS Region II for the purchase of the cardiac monitoring equipment. While not a part of this contract, it does impact on the total program. The estimated cost of the cardiac monitoring equipment is $6,000, which would require about $2,000 from the County's Revenue Sharing Funds. Conclusion Based on the latest estimates, we expect the total cost of vehicle, telemetry, and cardiac monitoring equipment to be $36,000. This will require only $17,000 from County Revenue Sharing Funds rather than the $18,400 originally requested. I urge your approval of the proposed contract as a means of further advancing the emergency medical service to the citizens of Weld County. This purchase will give Weld County two advanced life support units available on a 24-hour basis. Hello