HomeMy WebLinkAbout20030986.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR DISPATCH SERVICES AND AUTHORIZE CHAIR TO
SIGN - BANNER HEALTH SYSTEM, OPERATOR OF 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 an Agreement for Dispatch Services
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Banner Health System, operator of North Colorado Medical
Center, commencing January 1, 2003, and ending December 31, 2003, 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 Agreement for Dispatch Services between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, and Banner
Health System, operator of 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 agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 21st day of April, A.D., 2003, nunc pro tunc January 1, 2003.
BO D OF COUNTY COMMISSIONERS
WE OUNTY, COLO DO
ATTEST: Lie �/ �:� ?;,is i`�`
�J David E. Long, Chair
Weld County Clerk to I e • - a+
≥Gp v:, EXCUSED
1%).)1 ♦ Robert D. sden, Pro-Tem
BY: '
Deputy Clerk to the ::' p
M. J. eile /
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Date of signature:
2003-0986
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AGREEMENT FOR DISPATCH SERVICES
THIS AGREEMENT FOR DISPATCH SERVICES is made and entered into by and
between Weld County, Colorado, by and through the Board of County Commissioners of
Weld County, whose address is 915 10th Street, Greeley, Colorado 80631 (hereinafter referred
to as "County"), and Banner Health System, an Arizona non-profit corporation, operator of
North Colorado Medical Center, whose address is 1801 16th Street, Greeley, Colorado 80631
(hereinafter referred to as "NCMC").
WITNESSETH:
WHEREAS, NCMC operates an "Air Life" medical transport system for medical
emergencies out of North Colorado Medical Center in Greeley, Colorado (hereinafter referred to
as "Air Life"), and
•
WHEREAS, County provides emergency radio dispatch services for Weld County public
safety organizations through a contract with the City of Greeley and as part of that contract will
provide service to NCMC for dispatches of certain flights of Air Life, and
WHEREAS, both NCMC and County believe that it is necessary for County to ensure
that there are personnel with the Weld County Regional Communication Center (hereinafter
referred to as "WCRCC") who are knowledgeable for the purpose of dispatching Air Life. The
County, through a contract with the City of Greeley, will ensure that personnel and adequate
training for the personnel dispatching Air Life are provided for.
WHEREAS, County currently has access to the Greeley/Weld Criminal Justice
Information System (CJIS), pursuant to the terms and conditions of the Intergovernmental
Agreement for Criminal Justice Records Management Services and Use of Criminal Justice
Information Systems (hereinafter referred to as "the Intergovernmental Agreement"), and
WHEREAS, NCMC desires to have access to CJIS for retrieval of call histories involving
Air Life, and
WHEREAS, County agrees that NCMC may at various times need to retrieve call
histories involving Air Life.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. AIR LIFE DISPATCH: WCRCC will provide dispatch services for the Air Life
transports. Those persons employed by WCRCC will be solely under the
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2003-0986
supervision of and shall be paid by and receive benefits from the City of Greeley.
The personnel assigned to dispatch flights of Air Life shall in no way be
considered employees of NCMC or County.
2. TERM: This Agreement for Services shall be for a 12 month period beginning
January 1, 2003, through December 31, 2003, subject to the termination
provisions set forth in Paragraph 6 below.
3. NCMC AGREES:
A. To pay County Fifty Thousand One Hundred Seventy and No/100ths
Dollars ($50,170.00) for services provided by the WCRCC for the 12
month term of this Agreement. Payments shall be made as follows:
Twenty-Five Thousand Eighty-Five and No/100ths Dollars ($25,085.00)
by January 15, 2003 and Twenty-Five Thousand Eighty-Five and
No/100ths Dollars ($25,085.00)by July 1, 2003.
B. To continue to pay for the maintenance and monthly user fees for one 1-
800 telephone line for receiving requests for scheduling flights.
4. COUNTY AGREES, EITHER DIRECTLY OR VIA A CONTRACT WITH THE
CITY OF GREELEY:
A. To provide continuous 24 hour per day, seven days per week dispatching
support for Air Life transports.
B. To provide radio, radio-telephone, or telephone communications support
to Air Life during all flights.
C. To operate and maintain the preprogrammed paging system to alert the Air
Life flight team.
D. To operate and maintain the radio system at WCRCC that is used by Air
Life primarily on the emergency radio channel.
E. To operate the 1-800 telephone line to receive and coordinate all requests
to schedule flights for Air Life transport. At such time that the telephone
system is enlarged, and the capability exists to designate certain lines,
NCMC shall be afforded the opportunity to obtain, at NCMC's cost,
additional designated lines.
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F. To provide and maintain recording equipment to record all radio
communications associated with the Air Life dispatching.
G. To track all flights for the Air Life transports originated within the range
of the Weld County Regional Communications Emergency Dispatch
System.
H. For all services provided pursuant to this agreement, County agrees to
maintain Air Life's compliance with appropriate Greeley Police
Department General Orders and Standard Operating procedures.
I. For all services provided pursuant to this agreement, County agrees to
assist Air Life in attaining and maintaining their accreditation from the
Commission on Accreditation of Air Medical Services (CAAMS), limited
to providing ongoing and new employee training regarding medical
terminology, navigation techniques, and weather interpretation per
CAAMS standard 6.00.00.
J. To participate in collaborative, continuous Quality Improvement as it
relates to Air Life and WCRCC Services.
K. To provide NCMC Air Life personnel with access to ProQA and Aqua
when fully installed.
L. To respond in writing to written concerns raised by NCMC Air Life
Liaison or Designee related to services provided pursuant to this
Agreement for Dispatch Services, provided such written concerns are
presented within ten business days after the actual incident in question
occurred. County agrees that written responses will be provided within ten
business days after receipt the written concern from NCMC Air Life
Liaison or Designee, to allow time for County to investigate any concerns
appropriately. A business day is defined as Monday through Friday, 8:00
a.m. to 5:00 p.m., excluding holidays.
M. To provide NCMC a printout of all Air Life activity at the end of each
month.
N. To provide, upon NCMC's request, reports/tapes at any time without
charge. NCMC agrees to provide the tape necessary to make these copies.
O. In its relationship with NCMC, County and any personnel providing
services under this Agreement shall cooperate with any corporate
compliance program now or hereafter instituted by NCMC.
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5. THE PARTIES AGREE TO SHARE RESPONSIBILITY FOR THE
FOLLOWING:
A. To explore the option of implementing ground position satellite, together
with any other available technology for purposes of future tracking of Air
Life transports.
B. To provide radio checks on a periodic basis, not to exceed every 15
minutes, on the status of flight during any Air Life transport. NCMC and
the dispatch center shall be equally responsible for maintaining the
periodic radio checks.
6. DISPATCHER TRAINING
A. County agrees to be responsible for the cost of providing ongoing and new
employee training for medical terminology, navigation techniques and
weather interpretation. However, NCMC will be responsible for the cost
for providing any updated materials and for maintaining current
information in the NCMC portion of the employee training.
7. NCMC ACCESS TO CJIS TO RETRIEVE CALL HISTORIES INVOLVING
AIR LIFE:
A. County hereby recognizes the necessity for NCMC to, at various times,
obtain call histories involving Air Life. In consideration of the terms of
this Agreement, County hereby authorizes NCMC to obtain such call
histories, subject to the terms and conditions of the Intergovernmental
Agreement, a copy of which is attached hereto and incorporated herein as
"Exhibit A." NCMC agrees to be bound by all of the terms and conditions
of the Intergovernmental Agreement that are binding upon "User" in the
Agreement as though NCMC had executed said Agreement.
B. NCMC shall designate in writing to County within three working days
after this Agreement has been executed up to three representatives of
NCMC who shall have access to the CJIS in order to retrieve call histories
involving Air Life. NCMC may change the designees at any time by
giving written notice to County of the change.
C. NCMC has further been informed that, by accessing CJIS, NCMC may
also have access to confidential law enforcement information, including,
but not limited to, information concerning arrests, criminal investigations,
and details from official police reports. NCMC understands that
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unauthorized dissemination of any confidential information to anyone by
NCMC, its employees, agents, or assigns may result in civil liability and/or
criminal action against NCMC. In addition, any unauthorized
dissemination of information may result in termination of NCMC's access
to CJIS.
D. NCMC will continue to utilitize their current policy concerning the release
of information by their staff, obtained from the CJIS system. Any changes
in the policy will be submitted to and approved by the Director of the
Weld County Regional Communications Center prior to NCMC
implementing the policy. Each employee designated by NCMC to have
access to the CJIS shall be required to sign the Greeley/Weld County
Public Safety Confidentiality of Information Agreement, or its successor
form, and NCMC's policy statement, prior to receiving access to CJIS.
8. TERMINATION: Either party may terminate this Agreement with or without
cause upon 60 days written notice.
9. INDEMNIFICATION: Each party shall not be responsible or liable for acts or
omissions or failure to act by the other party. Accordingly, to the extent permitted
by law, County agrees to indemnify and hold NCMC harmless from any and all
liability incurred by acts or omissions or failures to act by County and, likewise,
NCMC agrees to indemnify and hold County harmless from any and all liability
incurred by acts or omissions or failures to act by NCMC. Because County is a
department of the Weld County government, NCMC acknowledges its agreement
to indemnify and hold harmless County extends to Weld County, its employees,
agents, subcontractors, and assignees. The term "liability" includes, but is not
limited to, any and all claims, damages, and court awards including costs,
expenses, and attorney fees incurred as a result of any act or omission by the
applicable party who acted or failed to act.
10. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers 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.
11. PARTIES' RELATIONSHIP: 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 deemed to be an employee, agent, or servant of the other party to
this Agreement.
12. SEVERABILITY: If any section, subsection, paragraph, sentence, clause, or
phrase of this Agreement is for any reason held or decided to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining portions.
The parties hereto declare that they would have entered into this Agreement in
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.
13. FUNDING: Nothing in this agreement shall be construed to require Weld County
to provide funding not previously budgeted for the term of this contract.
14. ACCESS TO RECORDS FOR GOVERNMENT INSPECTION. Pursuant to
United States Code, Title 42, Section 1395 et al (Omnibus Budget Reconciliation
Act of 1980), County shall maintain and make available, upon request of NCMC,
or of the U.S. Department of Health and Human Services, or of the Comptroller
General of the United States Accounting Office, or of any appropriate
governmental entity, any and all records required to be kept under applicable
federal, state and local laws, rules and regulations. All such records shall be kept
by County for a minimum of four(4) years following the termination or expiration
of this Agreement. Records to be kept include, but are not limited to: this
Agreement; and, books, documents and accounts which are necessary to record
and certify the nature and extent of the costs of services provided by County
pursuant to this Agreement.
15. COMPLIANCE WITH REGULATIONS AND POLICIES. County shall comply
with all standards applicable to the services described in this Agreement,
including, but not limited to, the standards of (a) the Joint Commission on the
Accreditation of Health Care Organizations, (b) federal, state and local
government laws, rules and regulations and (c) third party payors. Whenever
providing services or goods pursuant to this Agreement on NCMC premises,
County, its employees and agents shall comply with and observe all NCMC rules
and regulations concerning conduct on NCMC premises. If any of the services or
goods provided under this Agreement are services or goods for which NCMC
may, directly or indirectly, obtain compensation or reimbursement from any
governmental health program (e.g., Medicare, Medicaid, CHAMPUS), County
will comply with all government reimbursement requirements as specified by
NCMC and shall assist NCMC in completing necessary documents and records
for reimbursement.
16. COMPLIANCE WITH FEDERAL EMPLOYMENT LAW. County agrees to
comply with all state and federal Equal Employment Opportunity, Immigration
and Affirmative Action requirements including 42 U.S.C. Sec. 2000 (e) et seq,
The Civil Rights Act of 1964, The Civil Rights Act of 1991, Sections 503 and 504
of the Rehabilitation Act of 1973, Section 402 of the Vietnam Era Veterans'
Readjustment Assistance Act of 1974, the Immigration Reform Act of 1986, the
Americans with Disabilities Act and any amendments and applicable regulations
pertaining thereto.
17. COMPLIANCE WITH HIPAA. County hereby expressly agrees to comply with
any NCMC rules, regulations and policies implementing Health Insurance
Portability and Accountability Act of 1996 ("HIPAA") requirements whether now
or hereafter existing and which relate in any way to County's performance of its
obligations under this Agreement including, without limitation, all policies
relating to the protection or de-identification of any individually identifiable
health information which County may obtain in connection with the performance
of this Agreement. Upon request from NCMC, County shall execute a Business
Associate Agreement containing customary terms and conditions (which shall, at
a minimum or unless otherwise agreed by the parties, contain substantially the
same provisions as those set forth in the Model Business Associate Contract as
published by the Department of Health and Human Services) if NCMC
determines, in its reasonable discretion, that County is, or may be considered to
be, a "business associate" as such term is defined in the federal regulations
implementing HIPAA.
18. CONFLICT OF INTEREST DISCLOSURE. County represents and warrants that
neither County nor any affiliate of County nor any officers, directors, employees,
partners, members, owners or shareholders of County or any affiliate of County is
related to, affiliated in any way with, or employs (or otherwise has a compensation
interest with) any officer, director or employee of Banner Health System.
19. NO FEDERAL EXCLUSION. County hereby represents and warrants that
County and all personnel providing services under this Agreement are not and at
no time have been excluded from participation in any federally funded health care
program, including Medicare and Medicaid. County hereby agrees to immediately
notify NCMC of any threatened, proposed, or actual sanction or exclusion from
any federally funded health care program, including Medicare and Medicaid.
Such notice shall contain reasonably sufficient information to allow NCMC to
determine the nature of any sanction. In the event that County or any personnel
providing services under this Agreement is excluded from participation in any
federally funded health care program during the term of this Agreement, or if at
any time after the effective date of this Agreement it is determined that County is
in breach of this Section, this Agreement shall, as of the effective date of such
exclusion or breach, automatically terminate.
20. ASSIGNMENT. This Agreement may not be assigned by either party without the
prior written consent of the other party. If consent to an assignment is obtained,
this Agreement is binding on the successors and assigns of the parties to this
Agreement. Notwithstanding any provision of this Agreement to the contrary,
NCMC shall have the right to assign or otherwise transfer its interest under this
Agreement to any "related entity." For the purposes of this section, a related
entity shall be deemed to include a parent, subsidiary, any entity that acquires all
or substantially all of NCMC's assets or operations relating to this Agreement,
and the surviving entity of any merger or consolidation involving NCMC. Any
assignment to a related entity shall not require the consent or approval of County
in order to be effective.
SIGNED this 21st day of April , 2003.
ATTEST: Banner Health System, operator of
North Colorado Medical Center
By: By: �-
Corporate S etary Jon Sewell, Chief Executive Officer
ATTEST. i� �► Weld County, Colorado, By and Through
O%7 /
the Board of County Commissioners of
Weld County
Clerk t the Board �/j
a 1561By:
A
Deputy Clerk to the Board � � =` nave E. Long, Chair
IM (04/21/2003)
07 k3 479
EXHIBIT A
INTERGOVERNMENTAL AGREEMENT FOR CRIMINAL
JUSTICE RECORDS MANAGEMENT SERVICES AND
USE OF COMMUNICATIONS RECORDS AND CRIMINAL
JUSTICE INFORMATION SYSTEMS
THIS AGREEMENT made this day of , 199 , by
and between the CITY OF GREELEY, COLORADO (hereinafter referred to as "City"),
WELD COUNTY, COLORADO (hereinafter referred to as "County") and
(hereinafter referred to as "User") for access and use
of criminal justice information system.
WITNESSETH:
WHEREAS, an Intergovernmental Agreement for the operation and maintenance of
communications, records and criminal justice information system has been entered into on the
3rd day of May, 1993, as subsequently amended; and
WHEREAS, User desires criminal justice records management services and access to the
criminal justice records information system operated by the City and County; and
WHEREAS, User has reviewed and agrees to the terms and conditions of use of such
information, as determined in the Intergovernmental Agreement between the City and County;
and
WHEREAS, User provides governmental functions for use of criminal justice records and
information; and
WHEREAS, the City and County are authorized to enter into this agreement by virtue of
Section 29-1-203, C.R.S., art. 2, Sections 2-3, Weld County Home Rule Charter; and the City of
Greeley Charter, Sections 3-7.
NOW THEREFORE, in consideration of the following mutual promises and covenants,
the parties agree as follows:
1. The Greeley/Weld Criminal Justice Information System shall provide criminal justice
records management services for user upon the terms and conditions of the criminal justice
records management services agreement attached hereto as "Exhibit A" and incorporated herein
by reference.
2. User is allowed access to the City/County criminal justice information system pursuant to
the terms and conditions of the Intergovernmental Agreement entered into between the City and
County as modified by directions and discretion of the City and County.
3. User and its employees are hereby required to maintain the integrity and confidentiality
of the criminal justice information system and, as such, are required to execute the Greeley/Weld
County Public Safety System Confidentiality of Information Agreement attached hereto as
"Exhibit B" and incorporated by reference. Additionally, the User specifically agrees that
paragraph 13 of the City/County Intergovernmental Agreement, as amended, binds the User to
confidentiality pursuant to the Colorado Open Records Act and penalties for violation thereof.
4. The User shall indemnify and save harmless and defend the City and County, their
agents, servants and employees from and against any and all claims, liability, losses, and/or
causes of action, including the reasonable cost of defense which is caused by any intentional
and/or negligent act or omission of the User, its agents, servants, or employees in the
performance and use of information obtained pursuant to this agreement.
The User also agrees to indemnify and defend the City and County, their agents, servants,
and employees from and against all tort liability arising out of any claim, demand, or cause of
action of whatsoever kind or nature, and arising out of any conduct or misconduct of the User not
included in the paragraph above for which the City and County, their agents, servants or
employees, are alleged to be liable for providing criminal justice records management services
for User.
5. No portion of this Agreement shall be deemed to constitute a waiver of any immunities
which the City or the County or their officers or employees may possess, nor shall any portion of
this Agreement be deemed to have created a duty of care on the part of either party to any persons
not a party to this Agreement.
6. No portion of this Agreement shall be deemed to create an obligation on the part of the
City or County to expend funds not otherwise appropriated in each succeeding year.
7. It is specifically understood and agreed that User is not a party to the City/County
Intergovernmental Agreement and accrues no rights or benefits to any of the terms, covenants, or
conditions of said agreement, either as a party or a third-party beneficiary, and User hereby
agrees that the terms of conditions of the City/County Intergovernmental Agreement do not in
any manner provide privity or standing to the User to enforce any of the terms and conditions of
the Intergovernmental Agreement between the City or County.
8. This agreement is for any indefinite term and subject to revocation without notice to the
User in the sole discretion of the City, the County, or both.
DATED this day of ,
THE CITY OF GREELEY, COLORADO, WELD COUNTY, COLORADO,
a municipal corporation, by and through the a body corporate and politic by and
City Council through the Board of County
Commissioners
By: By:
Mayor Chair
ATTEST: ATTEST:
By: City
Clerk Clerk to the Board
APPROVED AS TO LEGAL APPROVED AS TO LEGAL
FORM: FORM:
By: By:
City Attorney County Attorney
APPROVED AS TO SUBSTANCE: APPROVED AS TO SUBSTANCE:
By: By:
City Manager County Finance Director
AS TO AVAILABLITY OF FUNDS:
By:
Director of Finance
USER:
GREELEY COUNTY CRIMINAL JUSTICE SYSTEM
CONFIDE. Y OF INFORMATION AGREEMENT
I, , have been informed by
that during my
employment/assignment with the , I may have
access to confidentia law enforcement information, including but
not limited to, i fonaation concerning arrests, criminal
investigations and d tails from official police reports_ I
understand that unau orized dissemination of any confidential
information to anyone by ma may result in employment disciplinary
action up to and inc ding termination, civil liability, and/or
criminal action again t me_ I understand my responsibility and
possible adve-e cons ences for unauthorized dissemination of
information and, spec fically agree to keep obtained information
confidential to the b t of my ability_
SIGNED= - DOB:
DATE:
w
WITNESS; DATE:
ACCESS TO GREELEY/WELD CRIMINAL
JUSTICE INFORMATION SYSTEM AGREEMENT
I, the undersigned, acknowledge:
1. Access to the Greeley/Weld Criminal Justice Information System (CJIS) is
granted by virtue of contract with Weld County for the provision of
. communication and dispatch services for Air Life of Greeley by Weld County
Regional Communications Center.
2. The purpose of such access is to allow designated Air Life personnel to review
information related to dispatching and other communications services in the
appropriate follow-up and quality assessment/improvement activities of Air Life
flights.
3. In the course of interacting with the CJIS for communications information,
confidential law enforcement information may be accessed.
4. For purposes of perspective, this type of information is to be regarded in the
same way as patient information confidentiality under the Confidential
Information Policy of North Colorado Medical Center.
5. Discussion, disclosure or making copies of confidential law enforcement
information will be treated the same as breaching patient confidentiality.
I understand that if I violate information confidentiality or any policies or
regulations set forth in the use of CJIS, I will be subject to disciplinary action,
including possible termination of employment.
Signature: Date:
Printed Name:
Witness:
Management Representative
Original copies to: Director of Communications Center and employee's personnel file
1801 16th St.
Greeley, CO 80631-5199
(970)352-4121
A member of Western Plains Health Network
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