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HomeMy WebLinkAbout20121054.tiff RESOLUTION RE: APPROVE BILL OF SALE AND AUTHORIZE CHAIR TO SIGN - BANNER HEALTH, DBA NORTH COLORADO MEDICAL CENTER 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 Bill of Sale between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Banner Health, dba North Colorado Medical Center, commencing May 7, 2012, with further terms and conditions being as stated in said Bill of Sale, and WHEREAS, after review, the Board deems it advisable to approve said Bill of Sale, 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 Bill of Sale between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Banner Health, dba North Colorado Medical Center be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said Bill of Sale The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of April, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Sean P. C ay, Chair Weld County Clerk to the Board 1 ,I�� Wi iam F. Garcia, Pro-T e m BY: oJ ; veti /1 E , Deputy CI - k to the Board 1861 I , t�= �t.:r, •-ra Kirkmeyer t '•`` 1 •a.S II ' , +avid E. Long .unty Attorney 0, mG DouglasjRademac r Date of signature: 5 -d Q -/ orio5 avucx et - C'4 4 au- I a 5 .,;a ./a 2012-1054 BC0043 BILL OF SALE For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, COUNTY OF WELD a political subdivision of the State of Colorado (referred to herein as the "Seller"), does hereby grant, sell, assign and transfer to BANNER HEALTH, an Arizona nonprofit corporation, d/b/a NORTH COLORADO MEDICAL CENTER ("Buyer"), the Assets (as defined in that certain Asset Purchase and Transfer Agreement dated to be effective as of May 7'h, 2012 (the "Agreement"), by and between Buyer and Seller), which Assets include the following: (a) The rights of Seller under the specific contracts identified on Schedule 1 attached hereto and made a part hereof. (b) All right, title and interest (including copyright interests) in and to all computer programs (including computer modeling programs, design and operational and applications software and computer source and object codes), firmware, computer data bases, and related documentation, developed or used in connection with the operation of the EMS Services, exclusive of any such computer programs, firmware, computer data bases, or related documentation that is being transferred to NCMC, Inc. pursuant to the NCMC, Inc. Asset Purchase Agreement. (c) All telephone numbers(including fax and modems)of the EMS Services. Seller does hereby covenant with Buyer that Seller is the sole and exclusive lawful owner of all right, title and interest in and has good and marketable title to all of the Assets, that the Assets are free and clear of all liens, claims and encumbrances and that Seller has good right to sell, assign and transfer the same as aforesaid and shall warrant and defend the title thereto unto Buyer, its successors and assigns, against the claims and demands of all persons whomsoever. All capitalized terms used in this Bill of Sale and not otherwise defined herein shall have the meaning ascribed to such terms in the Agreement. DATED to be effective as of the 7th day of May, 2012 SELLER: COUNTY OF WELD, a body politic and corporate of the STATE OF COLORADO, by and through the Board of County Commissioners of the COUNTY OF WELD By: Sean P. Conway, Chairman - 1 . 1La%` ATTEST: .id, Clerk to the oard uvy.14=' j 1 ft- By: Deputy CI-"k to fhe Board fr ;t�C 020/ 7-55 STATE OF COLORADO SS COUNTY OF WELD On this the 23rd Day of April, 2012, before me, the undersigned Notary Public, personally appeared Sean P. Conway, Chairman, Board of county Commissioners of the COUNTY OF WELD, and that he, as such and being authorized so to do, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public TONYA • '. •. 1 DISNEY % hitear C ...�'> MY COMM. EXP In-n 9n14 SCHEDULE 1 ASSUMED CONTRACTS 1. Agreement for Transportation Services by and between Weld County Ambulance Services and Hospice of Northern Colorado effective December 14, 1998. 2. Agreement for Ambulance and Emergency Medical Services by and between Cornell Corrections Management and Weld County Paramedic Services effective November 13, 2009. 3. Zoll Data Systems Inc., Master Software License and Maintenance Agreement as amended, by and between Weld County Paramedic Services and Zoll Data Systems, Inc., dated effective April 11, 2007. 4. Agreement for Ambulance Services between AccentCare Home Health of Mountain Valley, LLC, d/b/a AccentCare of Colorado and the Weld County Board of Commissioners dated effective October 1, 2011. 5. Agreements with Verizon Wireless for wireless communication services and mobile telephone services, including thirteen (13) Air cards, twenty-two (22) mobile telephones and the phone numbers associated with the mobile telephones, and fifteen (15) Mifi's and the numbers associated with those Mifi's. Hello