HomeMy WebLinkAbout930923.tiff RESOLUTION
RE: APPROVE ASSIGNMENT OF AGREEMENT WITH NORTH COLORADO EMERGENCY PHYSICIANS
TO NORTH COLORADO EMERGENCY PHYSICIANS, P.C. , 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, pursuant to the Emergency Medical Services Act, it is required
that the Ambulance Service obtain the services of a Physician Advisor to perform
certain duties, and
WHEREAS, an agreement has previously been entered into with the North
Colorado Emergency Physicians, and
WHEREAS, paragraph 5 of said agreement provides that the agreement shall
not be assignable without prior written consent of Ambulance Service or
physicians, and
WHEREAS, the partnership of the North Colorado Emergency Physicians has
assigned its interest in said agreement to the North Colorado Emergency
Physicians, P.C. , and
WHEREAS, all other terms and conditions of said agreement remain as stated
in said agreement, a copy of which is attached hereto and incorporated herein by
reference, and
WHEREAS, after study and review, the Board deems it advisable to approve
the assignment of said agreement from North Colorado Emergency Physicians to
North Colorado Emergency Physicians, P.C.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Assignment of the Agreement with North Colorado
Emergency Physicians to North Colorado Emergency Physicians, P.C. be, and hereby
is, approved, effective January 1, 1993.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign the assignment.
930923
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RE: ASSIGNMENT OF AGREEMENT - NORTH COLORADO EMERGENCY PHYSICIANS, P.C.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 13th day of September, A.D. , 1993, nunc pro
tunc January 1, 1993.
/0 9 n /Let BOARD OF COUNTY COMMISSIONERS
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ATTEST: r' (//. WELD COUNTY, COLORADO
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Weld County Clerk to the Board
Constance L. Harbert, Chairman
BY: /k (iii,44/4 _c 1.4 ) 1,b
Deputy Clerk to the Board W. H Webs; Pro-Tem
APPROVED AS TO FORM:
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County Attorney Dale K. Hal
arbara J. Kirkmeye
930923
ASSIGNMENT
THIS ASSIGNMENT is made and entered into this 2-3e day of
SLi�r�vn3g2 , 1993 by and between NORTH COLORADO EMERGENCY
PHYSICIANS, a Colorado general partnership, and NORTH COLORADO
EMERGENCY PHYSICIANS, P.C., a Colorado corporation.
1. Background Information. The following background information is provided
to assist in understanding.the purposes and objectives sought to be attained by the parties
to this Agreement and is to be referred to as an aid in construing and interpreting this
Agreement.
1 .1. North Colorado Emergency Physicians is a general partnership. The
partners comprising North Colorado Emergency Physicians have decided to form
a Colorado prtfessional corporation pursuant to the provisions of C.R.S. 12-36-
134 under the name North Colorado Emergency Physicians, P.C.
1.2. As an incident of the incorporation of the medical practice, the
partnership and the partners thereof intend to assign all of the assets of the
partnership to the corporation, specifically including, but not limited to, all service
contracts to which the partnership is a party.
1 .3. North Colorado Emergency Physicians (partnership) has contracted
with Weld County Ambulance Service, a Department of Weld County, Colorado
to provide services to Weld County Ambulance Service as physician advisor,
together with certain other services pursuant to a contract dated July 6, 1990.
1.4. North Colorado Emergency Physicians (partnership) desires to assign
all of its rights and obligations pursuant to the contract with Weld County
Ambulance Service to North Colorado Emergency Physicians, P.C. effective
January 1, 1993.
1.5. Section 5 of said contract provides that the agreement shall not be
assignable by one party without the prior written consent of the other party. The
parties hereto recognize that the effectiveness of this Assignment is dependent upon
obtaining the consent of Weld County Ambulance Service. The parties hereto
desire to obtain the written consent of Weld County Ambulance Service to the
assignment prior to the effective date hereof.
2. Assignment. By the signature of a duly authorized partner, North Colorado
Emergency Physicians hereby assigns to North Colorado Emergency Physicians, P.C.,
all of its rights, obligations, interests and/or duties under that certain agreement between
9-71092,3
North Colorado Emergency Physicians and Weld County Ambulance Service dated
July 6, 1990. A copy of the contract being assigned is attached hereto as "Exhibit A."
3. Acceptance of Assignment. By the signature of its duly authorized officers
appearing below, North Colorado Emergency Physicians, P.C. hereby accepts the
assignment of the July 6, 1990 contract between North Colorado Emergency Physicians
and Weld County Ambulance Service, and in consideration of the transfer of all of the
partnership's rights thereunder hereby agrees to fully perform all of the obligations and
duties imposed upon the partnership thereunder.
4. Effective Date. This Assignment shall be effective January 1, 1993, that
being the date that North Colorado Emergency Physicians, P.C. intends to begin its
medical practice.
Executed the day and year first above appearing.
NORTH COLORADO EMERGENCY PHYSICIANS
(Partnership)
By ✓'(/�c-,vet'--%'
Managing Partner
NORTH COLORADO EMERGENCY
PHYSICIANS, P.C.
President
Attest:
`,1/ ,� ?2 , "..''v O.44=-/L,O
Secretary
970921
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CONSENT
The Board of County Commissioners, Weld County, Colorado, on behalf of Ambulance
Services, hereby acknowledges receipt of a signed original of the within Assignment and hereby
consents to such assignment and agrees that commencing the effective date of the Assignment,
it will treat North Colorado Emergency Physicians, P.C. as though it were the original party to
the contract and hereby releases North Colorado Emergency Physicians (partnership) from all
liability pursuant to the contract effective January 1, 1993.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO, on behalf of
AMBULANCE SERVICES
By -
CONSTANCE L. HARBERT, HA RMAN 09/15 93
Attest:
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WELD COUNTY CLERK TO �B/O/AARD
BY: ���( _777`7(/ /.c'it�,/_
DEPUTY CLERK T BOARD
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