Loading...
HomeMy WebLinkAbout870289.tiff RESOLUTION RE: APPROVE CONSULTING AGREEMENT BETWEEN WELD COUNTY, COLORADO, AND NORMEDCO CARE, INC. CONCERNING THE AMBULANCE SERVICE AND AUTHORIZE CHAIRMAN TO SIGN 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 Consulting Agreement between Weld County and Normedco Care , Inc. to provide certain services to the Weld County Ambulance Service , and WHEREAS, the term of said Consulting Agreement is from May 1 , 1987 , through December 31 , 1987 , to be automatically renewed each calendar year thereafter , with the further terms and conditions being as stated in the Agreement, a copy of which is attached hereto and incorporated herein by reference , and WHEREAS, this Agreement supercedes any prior Agreement between Weld County and Normedco Care, Inc. for consulting services to the Ambulance Service, and WHEREAS , after review, the Board deems it advisable to approve said Consulting Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Consulting Agreement between Weld County, Colorado, and Normedco Care , Inc. concerning the Ambulance Service, be, and hereby is , approved, with this Agreement superceding any prior Agreements with Normedco Care, Inc. for these services. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Consulting Agreement. it 870289 Page 2 RE: AGREEMENT WITH NORMEDCO CARE, INC. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 20th day of April, �A.DD. , 1987. �r'�y„� adwv•±404 . w�J BOARD OF COUNTY COMMISSIONERS ATTEST: 1 "^ WELD COUN Y, COLOR O Weld County Clerk and Recorder and Clerk to the Board G r . Lacy C rman B p �yi �o ,, „) C.W. Kirby, Pro em D puty County C k ,B APPROVED A TO FORM: gene R. rantn�G r CI ---->yle ,4 e ' e Clem/ ounty Attorney Frank �maguchi 870289 CONSULTING AGREEMENT THIS AGREEMENT is made and entered into this 20th day of April, 1987 by and between THE WELD COUNTY BOARD OF COUNTY COMMISSIONERS, a body corporate, with principal offices at 915 - 10th Street, Greeley, Colorado hereinafter referred to as "COUNTY" ; and NORMEDCO CARE, INC. , a Colorado not for profit corporation, with principal offices at 1801 - 16th Street, Greeley, Colorado 80631 hereinafter referred to as "NORMEDCO"; WITNESSETH THAT: WHEREAS, the Regional Health Plan has recommended to COUNTY that Ambulance Services be dispatched from hospitals; and, WHEREAS, NORMEDCO CARE, INC. , is a wholly owned not for profit subsidiary of North Colorado Medical Center, Inc. , which corporation operates the only general hospital in Weld County under the name of North Colorado Medical Center; and, WHEREAS, COUNTY owns and operates an Ambulance Service which pro- vides emergency medical services and ground transportation within, and in the vicinity of, Weld County, Colorado; and, WHEREAS, COUNTY does not currently have the staff capability to monitor an Ambulance Service and evaluate the needs and requirements of an adequately staffed and well equipped Ambulance Service and requires the employment of an outside consultant to advise COUNTY with respect to its management, operation, equipping, and training an Ambulance Service and its personnel; and, WHEREAS,- NORMEDCO has, or has access to, personnel with the expertise to consult with COUNTY on the management, equipping, and training of the Ambulance Service and is in a position to coordinate the operation of the Ambulance Service with North Colorado Medical Center; NOW THEREFORE, for and in consideration of the foregoing and other good and valuable consideration the receipt of which is acknowledged, NORMEDCO hereby agrees to perform consulting services for COUNTY on the following terms and conditions: 1. Term of Agreement: The initial term of this Agreement shall commence May 1, 1987 and continue to and until December 31, 1987 . This Agreement shall automatically renew for each calendar year thereafter unless terminated by either party by written notice. 2 . Consultant Fee: COUNTY shall pay to NORMEDCO the sum of Fifteen Thousand and no/100ths Dollars ($15, 000.00) for consulting services for the period commencing May 1, 1987 and continuing to and -1- 870289 until December 31, 1987 . The consultant fee to be paid after December 31, 1987 shall be the subject of negotiations between the parties prior to December 31, 1987 and the renewal of this Agreement shall be contingent upon the parties agreeing to a negotiated fee for each calendar year after calendar year 1987 . 3 . Consultant Services: NORMEDCO shall consult with and advise COUNTY concerning the following matters related to the management, operation, equipping, and training of the Ambulance Service and its personnel: (1) The purchase, or other acquisition, of Ambulance Service emergency equipment and medical supplies; ( 2) The development and implementation of management systems; (3) The training of Ambulance Service employees; ( 4) The coordination of activities, training, and dispatching of the Ambulance Service with North Colorado Medical Center; (5) The coordination of the Ambulance Service and other emergency and transportation services available in the county including those provided by, or through, North Colorado Medical Center; ( 6) The coordination with North Colorado Medical Center for the continuing education of COUNTY personnel employed with the Ambulance Service for the purpose of maintaining continuing certification of COUNTY personnel; ( 7) The coordination of the Ambulance Service with the "Physician Advisor" . 4 . Management and Ownership of Ambulance Service: Nothing in this Agreement shall be construed as creating any responsibility or liability for NORMEDCO to operate or manage, or be responsible for the operation and management, of the Ambulance Service. The Ambulance Service is, and shall remain, the property of COUNTY who shall be solely responsible for all management decisions with respect to the operation of the Ambulance Service and all acts, or omissions, of the Ambulance Service or any of its personnel. 5 . Designation of Personnel: NORMEDCO shall designate to COUNTY a member of its staff who will be responsible for the performance of the consulting services herein required and who will be available to the COUNTY as needed for the purpose of providing, or coordinating the providing, of the services herein contracted for . 6 . Relationship of Parties: Nothing in this Agreement shall be construed as creating an employer-employee, partnership, or joint venture between COUNTY and NORMEDCO for the operation and management of an Ambulance Service or emergency medical services . NORMEDCO is employed as an independent contracting consultant only. 7 . Indemnification: COUNTY shall indemnify and hold NORMEDCO harmless from any claims arising out of its management and operation -2- 870289 of an emergency medical care service and Ambulance Service whether such claims arise in law or in equity in any court of whatever jurisdiction. COUNTY states, and understands that it is solely responsible for all management decisions relating to the operation of the Ambulance Service including, without limitation, the nature and amount of equipment and supplies; the number, training, and performance of ambulance and emergency personnel; that all employees in the operation of the ambulance services are, for all purposes, employees of COUNTY, and shall not, in any manner, be construed as employees or agents of NORMEDCO. 8 . Assignment: COUNTY and NORMEDCO agree that this is a personal services contract and, as such, may not be assigned or transferred without the prior written approval of the other party. 9. Amendments: This Agreement may not be changed, or amended, without the prior written consent of both parties . '10 . Notice: All notices required to be given hereunder shall be in writing, sent by certified mail return receipt requested to: 1 ) Weld County Board of County Commissioners 915 - 10th Street Greeley, Colorado 80631 with copy to: Weld County Attorney 915 - 10th Street Greeley, Colorado 80631 and, 2) Normedco Care, Inc . 1801 - 16th Street Greeley, Colorado 80631 with copy to: Arthur P. Roy, Attorney at Law 1011 - 11th Avenue Greeley, Colorado 80631 -3- 870283 Either party may designate in writing, from time to time, subsequent or supplimentary persons or addresses to whom notices must be sent. The effective date of service of any notice shall be the date such notice is received by COUNTY or NORMEDCO as shown on the return receipts. In addition to certified mail, service in accordance with the Colorado Rules of Civil Procedure may also be utilized by either party. WELD CODUN •R O B Y V Go 'A ' •` . L cy-/airman n DATE: -V/Ojv� ATTEST: �l f AA Q� Weld County Clerk and Recorder and Clerk to the Boar Depu y County Cler NO CARE, INC B�,(F }ems«.i' r ident DATE: ti/Z 3/ 7 -4- 870289 Hello