HomeMy WebLinkAbout20100875.tiff RESOLUTION
RE: APPROVE AGREEMENT AND FIRST AMENDMENT TO AGREEMENT FOR
AMBULANCE INSPECTION SERVICES AND AUTHORIZE CHAIR TO SIGN - LOGAN
COUNTY
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 an Agreement for Ambulance Inspection
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 Public Health and Environment, and
Logan County, commencing April 20, 2010,with further terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deemed it advisable to approve said agreement,a copy
of which is attached hereto and incorporated herein by reference, conditional upon the drafting,and
signature of, an Amendment to said Agreement concerning Logan County providing a review of
Weld County's inspection checklist, Weld County receiving an hourly rate of$45.00 per hour for
inspection and travel time, and Weld County receiving mileage reimbursement at the Weld County
rate of$.48 per mile.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement and First Amendment to Agreement for Ambulance
Inspection 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 Public Health and
Environment, and Logan County be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement and amendment thereto.
2010-0875
HL0037
AGREEMENT AND FIRST AMENDMENT TO AGREEMENT FOR AMBULANCE INSPECTION
SERVICES- LOGAN COUNTY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 28th day of April, A.D., 2010, nunc pro tunc April 20, 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY • •RADO
I:
ATTEST: �5\ `. �r♦� .r. :a ��.r.,.
gl-- Rademach-r, 'hair
Weld County Clerk to the .z I'd ;
J T 1411. )4-Liu ,,,�L,ei k-z� ti
9� !rbara Kirkmeyer,/'hro-Tem
Dep Clerk t. the Board �—�r—
Sean P. C, ,way ,
'
APP AS • 1 iv
m F. rcia
ou qty ttorney er °
J David E. Long
Date of signature: F-5. l(elle
2010-0875
HL0037
AGREEMENT FOR AMBULANCE
INSPECTION SERVICES
THIS AGREEMENT is made this aprw day of APR it , 2010, by and
between the Board of County Commissioners for Weld County, Colorado, on behalf of the Weld
County Department of Public Health and Environment ("WCDPHE"), and the Board of County
Commissioners for Logan County, Colorado ("Logan County").
RECITALS:
WHEREAS, the Colorado Emergency Medical and Trauma Services Act, section 25-3.5-
101, et.seq., C.R.S. requires that the Board of County Commissioners of each County adopt
certain standards, requirements and procedures for providing emergency medical services within
each County;
WHEREAS, the Board of County Commissioners for Logan County has passed
Resolution No. 2006-I, LOGAN COUNTY EMERGENCY MEDICAL SERVICES
RESOLUTION, that requires each ambulance based in Logan County to first obtain a permit to
operate in Logan County;
WHEREAS, in order to obtain a permit for an ambulance in Logan County, the
ambulance service must first submit to an inspection of the ambulance by an inspector who has
been appointed by the Logan County Board of County Commissioners;
WHEREAS, Weld County, pursuant to Chapter 7 of the Weld County Code, also requires
that any ambulance be inspected prior to the issuance of any permit to operate within the
boundaries of Weld County, and Weld County has provided for the WCDPHE to inspect all
ambulances prior to a permit for each ambulance being issued;
WHEREAS, Logan County wishes to engage the services of WCDPHE to perform
inspections of any and all ambulances in Logan County pursuant to Resolution 2006-1;
WHEREAS, WCDPHE has the necessary credentials, personnel and equipment, and is
willing to provide ambulance inspection services for Logan County ambulance permit
applicants.
WHEREAS, such agreements are authorized by Section 29-1-203 C.R.S. and the Weld
County Home Rule Charter, Article II, Sections 2-3.
NOW THEREFORE, in consideration of the above premises and the mutual covenants of
the parties, it is agreed as follows:
1. Recitals. The above set forth recitals are incorporated herein as though fully set forth.
2. Term and Renewal. This Agreement shall be effective for one year from the date first
above written and thereafter shall automatically renew from year to year unless sooner
terminated by either party pursuant to the terms of this Agreement.
3. Services to be Provided by WCDPHE. WCDPHE agrees to provide the following
services:
(A.)Provider Credentials. All ambulance inspectors who are employed, retained or
used by WCDPHE are authorized by Logan County to provide ambulance inspection services in
Logan County.
(B)Services. WCDPHE shall provide an ambulance inspector or inspectors to Logan
County upon Logan County's request and at such times and locations as Logan County and
WCDPHE shall agree. WCDPHE inspectors shall at all times comply with the requirements
of Chapter 7 of the Weld County Code, or its successor, all regulations and policies properly
enacted by the State of Colorado, and in addition, any other requirements of Logan County
Resolution 2006-1, when inspecting Logan County ambulances for Logan County ambulance
permit applicants .
4. Logan County Request for Inspection. Requests for inspections will be made by
Logan County for each specific ambulance permit applicant. Logan County will make available
to all ambulance permit applicants the form application required by WCDPHE inspectors at the
time the applicant desires to have an ambulance inspection. A copy of the application form used
by WCDPHE inspectors at the time this Agreement is signed is attached hereto as Exhibit A.
The parties agree that the attached Exhibit A may be modified as necessary to comply with new
requirements for permitting ambulances, or to create a more efficient form, and no modification
or amendment to this Agreement shall be necessary. Exhibit A is attached as an example only.
5. Compensation. (A) Logan County shall compensate WCDPHE for inspection services
provided, according to the applicable WCDPHE fee schedule. A copy of the current fee
schedule is attached hereto and incorporated herein as Exhibit B. WCDPHE will provide Logan
County with a new WCDPHE fee schedule as updates occur, usually annually.
Logan County further agrees to reimburse the WCDPHE inspector for mileage incurred in
traveling to the agreed upon location to conduct the inspections requested by Logan County.
The current standard mileage reimbursement in Logan County is forty-two ($. 42) cents per
mile. Logan County agrees to pay mileage reimbursement to WCDPHE inspectors at the rate in
effect in Logan County at the time the request is made for an inspection.
(B) Billing for Services. WCDPHE will bill Logan County for ambulance inspection
services rendered to Logan County ambulance permit applicants pursuant to this Agreement.
Logan County agrees to be solely responsible to WCDPHE for payment of the costs for the
inspection services provided by WCDPHE to Logan County regarding Logan County ambulance
permit applicants. Logan County represents that Logan County will be responsible for collecting
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payment for said services from the Logan County ambulance permit applicant, or other payer
source, as may be relevant.
(C) Payment for Services. Logan County agrees to make payment in full to
WCDPHE within 30 days from the billing date. If payment is not received by WCDPHE within
30 days from the billing date, Logan County will be charged, and agrees to pay, the current
published fee for the relevant services provided, together with interest at the rate of 1% per
month on the unpaid balance due.
(D) Audit Costs and Overpayments. Costs incurred for any fiscal, medical, or any
other audit required by a federal or state regulating agency relevant to the subject of this
Agreement, or penalties or other costs incurred as the result of the administration of the
inspections contemplated by this Agreement shall be the sole responsibility of Logan County,
unless such costs are a result of negligence that have been incurred as a direct result of the
actions of a WCDPHE inspector.
WCDPHE agrees to make available to Logan County such records as are necessary to
perform any audits which are required by federal or state regulating agencies.
6. Non-discrimination. The parties agree that no person shall, on the grounds of race,
color, sex, religion, age, national origin, or individual handicap, be excluded from participation
in, be denied the benefits of, or be subject to discrimination under any provision of this
Agreement.
7. Default. Upon the default or breach of any term or provision of this Agreement by either
party, the non-defaulting party shall notify the party in default of the actions which have caused
such default or breach. If such default or breach is not cured within thirty(30) days after the
delivery of such notice, the non-defaulting party may, at its election, declare this Agreement to
be null and void and proceed to seek any remedies to which it may be entitled under the law.
8. Termination. This Agreement may be terminated for cause, upon ten (10) days written
notice, and for any reason, so long as sixty(60) days written notice of intent to so terminate is
given by the party wishing to terminate to the other party.
9. Notices. Any notice provided for in this Agreement shall be in writing and shall be
served by personal delivery, facsimile, or by certified mail, return receipt requested, postage
prepaid, at the addresses set forth in this Agreement, until such time as written notice of a change
is received from the party wishing to make a change of address. Any notice so mailed and any
notice served by personal delivery or by facsimile shall be deemed delivered and effective upon
receipt or upon attempted delivery. This method of notification will be used in all instances,
except for emergency situations when immediate notification to the parties is required.
Logan County: Logan County Board of County Commissioners
Sterling, CO
(FAX) 970-522-4018
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WCDPHE: Weld County Department of Public Health and Environment
Attn: Trevor Jiricek
Greeley, CO 80631
(FAX) 970-
10. Relationship of the Parties. The parties to this Agreement intend that the relationship
between them contemplated by this Agreement is that of independent entities working in mutual
cooperation. No employee, agent, or servant of one party shall be or shall be deemed to be an
employee, agent or servant of another party to this Agreement. WCDPHE inspectors shall at all
times be considered employees of Weld County who are performing services for Logan County
pursuant to this Agreement.
11. Limitations - Liabilities - Indemnification. Each party shall not be responsible or
liable for acts or omissions or failure to act by the other party. Accordingly, each County agrees
to be responsible for any and all liability incurred as a direct result of acts or omissions or
failures to act by that County or that County's employees.
12. Non-Assignment. This Agreement shall not be assigned without prior written consent of
the non-assigning party.
13. Modification and Breach. This Agreement contains the entire Agreement and
understanding between the parties to this Agreement and supersedes any other agreements
concerning the subject matter of this transaction, whether oral or written. No modification,
amendment, novation, renewal, or other alteration of or to this Agreement and the attached
exhibit shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon
in writing by the undersigned parties. No breach of any term, provision, or clause of this
Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing
and signed by the party claimed to have waived or consented. Any consent by any party hereto,
or waiver of, a breach by any other party, whether express or implied, shall not constitute a
consent to, waiver of, or excuse for any other different or subsequent breach.
14. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced without such a
provision, to the extent this Agreement is then capable of execution within the original intent of
the parties.
15. Funding. No portion of this Agreement shall be deemed to create an obligation on the
part of the County of Weld, State of Colorado, WCDPHE, or the County of Logan, State of
Colorado, to expend funds not otherwise appropriated during the term of this Agreement.
16. No Waiver of Immunity. Notwithstanding any other provision contained in this
Agreement, no portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties or their officers or employees may possess, nor shall any portion of this
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Agreement be deemed to have created a duty of care with respect to any persons not a party to
this Agreement.
17. No Third Party Enforcement. It is expressly understood and agreed that enforcement
of the terms and conditions of this Agreement and all rights of action relating to such
enforcement shall be strictly reserved to the undersigned parties, and nothing contained in this
Agreement shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties that any entity
other than the undersigned parties receiving services or benefits under this Agreement shall be
deemed an incidental beneficiary only.
18. Authority to Sign. The persons signing this Agreement represent that they have the
authority to sign on behalf of the entity they represent and that all necessary actions have
occurred and funding has been authorized to permit the entity to enter into and bind itself to this
Agreement.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day
and year first written above.
LOGAN COUNTY BOARD OF
COUNTY
COMMISSIONERS
BY•C/�5�3�1t�� C)
ebra L. Zwirn, Chair
ATTEST:
/29
Clerle'to the Boatd
WELD COUNTY BOARD OF COUNTY
COMMISSIONERS
ATTEST: r C ��d`86 I
a a \
�-
� -;'iDouglas ademach r, Chair
Deputy Cler, o the Board
ki
"'i , APR 28 2010
5
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Exhibit A
Page 1
'Stet
11`k
COLORADO
AMBULANCE VEHICLE PERMIT RENEWAL LIST
Name of Ambulance Service:
Application Year:
Vehicle#
Year: Make: Model: _ 4 Wheel Drive(Y/N):
Manufacturers Identification Number(V.I.N.):
Colorado State License Number(Registration No.):
Motor Vehicle Chassis Number:
Registered with the State of Colorado as an emergency v hick(Y/N):
Date Ambulance placed in service:
Normal Location of Ambulance:
Vehicle#
Year: Make: Model: 4 Wheel Drive(Y/N):
Manufacturers Identification Number(V.I.N.):
Colorado State License Number(Registration No.):
Motor Vehicle Chassis Number:
Registered with the State of Colorado as an emergency vehicle(Y/N):
Date Ambulance placed in service:
Normal Location of Ambulance:
Vehicle#
Year: Make: Model: 4 Wheel Drive(Y/N):
Manufacturers Identification Number(V.I.N.):
Colorado State License Number(Registration No.):
Motor Vehicle Chassis Number:
Registered with the State of Colorado as an emergency vehicle(Y/N):
Date Ambulance placed in service:
Normal Location of Ambulance:
Exhibit A
Page 2
7-2-120 Additional or replacement vehicles.
If an ambulance is added to a service's fleet an application for an ambulance vehicle
permit shall be filed with the Department p for to the new ambulance being placed in
service, but in no event later than thirty(30 days of receipt of the new ambulance. The
completed application shall include a descri tion of the ambulance replaced. Upon receipt
of a new ambulance vehicle permit applicat on, the Department shall inspect the new
ambulance and issue the new ambulance ve icle permit, if appropriate. (Weld County
Code Ordinance 2007-8)
7-2-130 Additional Inspections.
In addition to the inspection required at the time of application, the Department may also
visit or contact all ambulance services at an other time during the year,at which time an
inspection may or may not be performed. Tl a inspections of the ambulances and related
equipment shall cover but not be limited to 1 h following items: condition of the
ambulance, safety and warning systems and minimum equipment for the relevant
ambulance. Each service shall provide evidence of an adequate ongoing vehicle safety
and maintenance program. This shall be a lo,g which shows the dates of the service and
list of service performed. The Department ay modify this regulation or adopt additional
requirements with the consent of the Board f County Commissioners. . (Weld County
Code Ordinance 2007-8)
C,Docvrnee,and Selinga'gipuque4 Gal Sc,mg,:Temporary Iniemel Fin Cunmi 0ulluog\ZR$PJ' AO Ambu4nce Vehicle Renewal Application(2)doc
Exhibit B
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N 17TH AVE
GREELEY, CO 80631631 WEBSITE: www.co.weld.co.us
ADMINISTRATION (970) 304-6410
FAX (970) 304-6412
O PUBLIC H LTH EDUCATION AND NURSING (970) 304-6420
FAX(970) 304-6416
COLORADO EN IRONMENTAL HEALTH SERVICES (970) 304-6415
FAX (970) 304-6411
AMBULANCE FEE SCHEDULE
JANUARY 2009
AMBULANCE LICENSE FEE $100.00 PER COMPANY
AMBULANCE UNITNEHICLE INSPECTION EE $25.00 PER UNIT
AMBULANCE UNITNEHIC E INSPECTION FEES
UNITS PER UNITNEHICLE
1 $25.00
2 $50.00
3 $75.00
4 $100.00
5 $125.00
6 $150.00
7 $175.00
8 $200.00
9 $225.00
10 $250.00
Example: 3 nits $75.00
Lic nse $100.00
$175.00
PLEASE REMIT TO:
WELD COUNTY DEPARTMENT OF P BLIC HEALTH & ENVIRONMENT
ATTN: ENVIRONMENTAL HEALTH S RVICES
1555 NORTH 17TH AVENUE
GREELEY, COLORADO 80631
FOR OFFICE USE ONLY
DATE RECEIVED:
AMOUNT PAID:
RECEIVED BY:
FIRST AMENDMENT TO AGREEMENT FOR AMBULANCE
INSPECTION SERVICES
THIS FIRST AMENDMENT TO AGREEMENT FOR AMBULANCE INSPECTION
SERVICES ("this Amendment") is made and entered into as of the signature dates set forth
below, to be effective as of the 28'h day of April, 2010 ("the Effective Date"), by and between the
County of Logan, Board of County Commissioners ("Logan County"), and the Board of County
Commissioners for Weld County, Colorado ("Weld County").
WITNESSETH:
WHEREAS, Logan County and Weld County are parties to that certain Agreement for
Ambulance Inspection Services dated April 28, 2010, pursuant to which Weld County agreed to
provide ambulance inspection services through the Weld County Department of Public Health
and Environment as more particularly described therein("the Agreement"); and
WHEREAS, the parties desire to amend the Agreement to further clarify the agreement of
each party concerning the duties to be performed.
NOW THEREFORE, for and in consideration of the mutual covenants and promises
contained herein, the receipt and sufficiency of which are hereby acknowledged, it is understood
and agreed upon by the parties hereto as follows:
1. Amendment of Paragraph 3 (B). Paragraph 3 (B) of the Agreement is deleted, and
replaced by the following:
"(B) Services. WCDPHE shall provide an ambulance inspector or inspectors to Logan
County upon Logan County's request and at such times and locations as Logan County
and WCDPHE shall agree. WCDPHE inspectors shall at all times comply with all
regulations and policies properly enacted by the State of Colorado, and in addition, any
other requirements of Logan County Resolution 2006-1, as amended, when inspecting
Logan County ambulances for Logan County ambulance permit applicants.
WCDPHE shall submit to Logan County the inspection checklist used by WCDPHE in
conducting inspections of ambulances in Weld County. Logan County shall review the
checklist, and may make any modifications to the checklist at that time to ensure that the
inspections conducted in Logan County comply with all applicable laws ("the Logan
County Checklist"). WCDPHE shall then utilize the Logan County checklist when
conducting inspections in Logan County."
2. Amendment to Paragraph 5 (A). Paragraph 5 (A) of the Agreement is deleted, and
replaced by the following:
1
AO1O-0875
"(A) Logan County shall compensate WCDPHE for inspection services as follows:
I. Logan County will reimburse WCDPHE for the staff time incurred for inspections at a
rate of forty-five dollars ($45.00) per hour for each staff, including travel time and
inspection time. WCDPHE agrees to use the minimum staff time required in order to
accomplish the inspections.
2. Logan County further agrees to reimburse WCDPHE for mileage incurred by the
WCDPHE inspector in traveling to the agreed upon location to conduct the inspections
requested by Logan County. Logan County agrees to pay mileage reimbursement to
WCDPHE inspectors at the rate in effect in Weld County at the time the request is made
for an inspection. Currently, the Weld County mileage reimbursement is forty-eight
($ .48) cents per mile.
3. If either party would like to modify the rate for staff reimbursement as stated in this
section, the party wishing to modify the rate shall so notify the other party at least thirty
days prior to the renewal date for the term of this Agreement, and the parties shall
negotiate in good faith to establish a fair rate for reimbursement. If the parties agree on a
different rate for staff time reimbursement for any future term of this Agreement, the rate
shall be established by written amendment to this Agreement, properly signed by both
parties.
3. Agreement Effective. Except as otherwise expressly provided herein, all terms and
conditions of the Agreement shall remain unmodified and in full force and effect.
4. Precedence of Amendment. In the event of a conflict between the terms and conditions
of this Amendment and the terms and conditions of the Agreement, the terms and
conditions of this Amendment shall control.
5. Capitalized Terms. All capitalized terms used in this Amendment and not otherwise
defined herein shall have the meaning ascribed to such terms in the Agreement.
6. Incorporation. This Amendment shall be attached to, and made a part of, the Agreement.
7. Counterparts. This Amendment may be executed in one or more copies or counterparts,
each of which when signed shall be an original, but all of which together shall constitute
one instrument.
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment,
individually or by signature of their duly authorized representative, as of the signature dates set
forth below, to be effective as of the Effective Date.
BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF WELD, EL 1 N
STATE OF COLORADO ATTEST: ,! r~4r%
�/,�/ itk,, / 1861
y: uglas Rademacher, Chair ., /i/,� Tel%/?°:�!i/3�n��. ..
APR 2 8 2010 By: Deputy Cle rto the Board
BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF LOGAN,
STATE OF COLORADO ATTEST:
By: ci n m G �C��
3
James Edwards Office Phone
Commissioner District One , 970-522-0888
FAX 970-522-4018
Debra L.Zwirn, Chair TTY 970-526-5383
Commissioner District Two
Jack H. McLevey ,fit Web:www.lodancountyco.00v
Commissioner District Three — - E-mail:commissioners@logancountyco.gov
OFFICE OF THE BOARD
LOGAN COUNTY COMMISSIONERS
315 MAIN STREET SUITE 2
STERLING, COLORADO 80751
April 20, 2010
Ms. Cyndy Giauque
Assistant Weld County Attorney
P. O. Box 758
Greeley, CO 80632
RE: Agreement for Ambulance Inspection Services
Dear Ms. Giauque:
Enclosed are two originals of the Agreement for Ambulance Inspection Services between Logan
County Commissioners and Weld County Department of Public Health and Environment.
After the appropriate signatures are obtained, please return one copy to me at the above address.
Thank you for your assistance.
Sincerely,
✓ Cam.
rJe 7/
Jennifer Crow
Mgr., Administrative Support
Enclosures
2010-0875
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