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HomeMy WebLinkAbout940994_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: APPROVE AGREEMENT FOR SERVICES WITH NORTH COLORADO MEDICAL CENTER, INC. 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 an Agreement for Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and North Colorado Medical Center, Inc. , commencing June 1, 1994, and ending May 31, 1995, 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 Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and North Colorado Medical Center, Inc. be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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 10th day of October, A.D. , 1994, nunc pro tunc June 1, 1994. BOARD OF COUNTY COMMISSIONERS ATTEST: LM WELD COUNTY, COLORADO q Weld County Clerk to the Board r9,/ �/ A / E/, 4 W,_ El; Webster, 'Ch ' an BY: , Y l U ILt - t Deputy C1Crk to the Board Dalel. Hall, Pr Tdm`yK:"-�'f � � APPROVED AS TO FORM: zL //George Baxter - ounty At orney Con5>,tance L. Harbert2 .J. i& A arbara J. Kirk eyer Pi 940994 ORIGINAL NORTH COLORADO MEDICAL CENTER, INC. AGREEMENT FOR SERVICES T AGREEMENT FOR SERVICES is made and entered into this ,WQ — day of (71.419 tr-) , 1994, by and between the BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as "County", and NORTH COLORADO MEDICAL CENTER, INC., whose address is 1801 Sixteenth Street, Greeley, Colorado 80631, hereinafter referred to as "NCMC". WITNESSETH: WHEREAS, NCMC operates an "Air Life" helicopter medical transport system for medical emergencies out of North Colorado Medical Center in Greeley, Colorado, 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 the Air Life Helicopter, and WHEREAS, both NCMC and County believe that it is necessary for County to provide personnel to the Weld County Regional Communication Center, hereinafter referred to as "WCRCC," for the purpose of dispatching Air Life. Therefore, the County, through a contract with the City of Greeley, will employ personnel and provide adequate training for the dispatching of the Air Life Helicopter. NOW, THEREFORE, in-consideratiorrof the-mutual-promises-and-covenants contained herehr, the parties hereto agree as follows: 1. AIR LIFE DISPATCH; WCRCC will provide dispatch services for the Air Life Helicopter. Those persons employed by WCRCC will be solely under the 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: The term of this Agreement shall commence on June 1, 1994, and shall continue through May 31, 1995. subject to the termination provisions set forth in Paragraph 5 below. 3. NCMC AGREES TO; A. Pay to County $27,999.00 which the County shall designate as the salary for the equivalent of one dispatcher for the 12-month term of this Agreement. Payments WeldCtyCommisuoners/0994.01 1 940994 shall be made as follows: $13,999.50 within ten days of execution of this Agreement, and $13,999.50 by December 1, 1994. B. Pay for the maintenance and monthly user fee for one 1-800 telephone line for receiving requests to schedule flights for the AirLife helicopter. 4. COUN AC REFS TO THE FOLLOWING EITHER DIRECTLY OR VIA A CONTRACT WITH THE CITY OF GREELEY: A. Provide continuous 24-hour per day, seven days per week dispatching support for the Air Life helicopter. B. Provide radio, radio-telephone, or telephone communications to support the Air Life helicopter during all flights. C. Operate and maintain the preprogrammed paging system to alert the Air Life helicopter flight team. D. Operate and maintain the radio system at WCRCC that is used with the Air Life helicopter primarily on the emergency radio channel. E. Operate a designated 1-800 telephone line to receive and coordinate all requests to schedule flights for the Air Life helicopter. F. Provide and maintain recording equipment to record all telephonic and radio communications associated with the Air Life dispatching. G. Track all flights for the Air Life helicopter originated within the range of the Weld County Regional Communications Emergency Dispatch System. H. Provide ten-minute radio checks on the status of flight any time the Air Life helicopter is flying. I. Assure that all services provided under this Agreement shall comply with appropriate Greeley Police Department General Orders, and Standard IX in the Association of Air Medical Services, Manual for Quality and Safety Standards, 1992. 5. TERMINATION: Either party may terminate this Agreement upon 60 days written notice. WeldCtyCommissionen/0994.01 2 940994 6. ASSIGNMENT: No assignment of this Agreement or of the rights and obligations hereunder shall be valid, except that NCMC will have the right to assign or transfer this Agreement or any interest herein to any entity which acquires all or substantially all of NCMC's operating assets or into which NCMC is merged, reorganized or affiliated. 7. NO WAIVER OF IMMUNITY: 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 Agreement be deemed to have created a duty of care with the respect to any persons not a party to this Agreement. 8. 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. 9. INDEPENDENT CONTRACTOR;_ It is expressly understood and agreed that County and WCRCC are acting as independent contractors unrelated to NCMC or any of its subsidiary or affiliated companies. Nothing in this Agreement is intended to create a relationship, express or implied, of employer- employee or of principal-agent between NCMC and County and WCRCC or between NCMC and any individual employed or provided to work under this Agreement by County and WCRCC. 10. NOTICES: Any notice required to be given under this Agreement shall be in writing and shall be sent by certified mail, return receipt requested, postage pre-paid to: NCMC, at: North Colorado Medical Center 1801 16th Street Greeley, CO 80631 ATTN: Patricia Kern, Division Director WeidCtyCommissioasrs/o994:ot- 3 940914 County at: County Commissioners of Weld County 915 Tenth Street Greeley, CO 80631 11. INDEMNIFICATION: Within the limits of their policies of professional and general liability insurance, each party agrees to indemnify and hold harmless the other from all fines, claims, demands, suits, actions or costs, including legal fees of any kind or nature arising by reason of the indemnifying party's acts or omissions in the course of its performance of its obligations under this Contract. Signed this ( �r� day of O_CliN r- , 1994. WITNESS: NORTH COLORADO MEDICAL CENTER, INC. By: %-.11-?" BYE'Gi�"le2"�1� V�Karl B. Gills, Corporate Secretary Richard H. Sterner, President SUBSCRIBED AND SWORN to before me this �-Tardday of 1994. WITNFcS my hand and official seal. My Commission expires: (1n m_ (k)i)4) 3130011 No Public (� ATTEST: 44//�A�Gite COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE BOARD OF COUNTY Clerk to the Board COMMISSIONERS OF THE COUNTY OF WELD.By: ( P4fz __) I ( G'� By: i� Q/i�/iyf/ i/�Qz) Deputy Clerk to the Board W. H. Webster, Chairman WeldCtyCommissioners/0994.01 4 940°'34 Hello