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HomeMy WebLinkAbout970416.tiffRESOLUTION RE: APPROVE AGREEMENT FOR SERVICES FOR AIR LIFE DISPATCH WITH LUTHERAN HEALTH SYSTEMS, OPERATOR OF NORTH COLORADO MEDICAL CENTER, AND AUTHORIZE CHAIR 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 for Air Life Dispatch between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Regional Communications Center, and Lutheran Health Systems, operator of North Colorado Medical Center, commencing January 1, 1997, and ending December 31, 1997, 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 for Air Life Dispatch between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Regional Communications Center, and Lutheran Health Systems, 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 5th day of March, A.D., 1997, nunc pro tunc January 1, 1997. ATTEST: Weld County Clerk to tile'Boa BY. eputy Clerk to the Board RM: cc : CM; F/; weMG BOARD OF COUNTY COMMISSIONERS WELD UNTY, COLORADO { George'E. Baxter, Chair Dale,K. Hall i%e .7<044L_ \ ,;j; Barbara J. Kirkmeyer 960416 CM0010 ORIGINAL LU [RERAN HEALTH SYSTEMS, operator of North Colorado Medical Center AGREEMENT FOR SERVICES y�,THIS AGREEMENT FOR SERVICES is made and entered into this o7 day of MAIL l.AIL C?J 1 , 199,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 Lutheran Health Systems, a North Dakota non- profit corporation, operator of North Colorado Medical Center, whose address is 1801 16th Street, Greeley, Colorado 80631 (hereinafter referred to as "NCMC"). WHINES SETH: 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. 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: OD-O3/C 970416 1. AIR LIFE DISPATCH: WCRCC will provide dispatch services for the Air Life transports. 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: This Agreement for Services shall be for a 12 month period beginning January 1, 1997, through December 31, 1997, subject to the termination provisions set forth in Paragraph 6 below. 3. NCMC AGREES: A. To pay County $38,048.62 for services provided by the WCRCC for the 12 month term of this Agreement. Payments shall be made as follows: $19,024.31 within ten days of execution of this Agreement and $19,024.31 by July 1, 1997. B. To continue to pay for the maintenance and monthly user fees for one 1- 800 telephone line for receiving requests for scheduling flights. C. To provide any necessary updated equipment for one dispatch console position to be used by WCRCC dispatching Air Life. NCMC's obligation for the cost for any such equipment shall not exceed $8,000.00 during the term of this agreement. Any such equipment shall be installed at WCRCC, 915 Tenth Street, Greeley, Colorado, and title to said equipment shall be transferred to and vested in County. This provision will be severed if this update is completed during the term of the 1996 agreement. 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. 97011.6 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. To provide and maintain recording equipment to record all telephonic and radio communications associated with 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. 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 4.00.00. J. To participate in collaborative, continuous Quality Improvement as it relates to Air Life and WCRCC Services. 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. Effective January 1, 1997, County agrees to be responsible for the cost of providing ongoing and new employee training for medical technology, 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. 970z7:15 7. NCMC ACCESS TO CJIS TO RETRIEVE CALL HISTORIES INVOLVING AIR LIFE: A. County hereby recognizes the nerpasity 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 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 dicanmination of information may result in termination of NCMC's access to CJIS. D. NCMC will continue to utilize their current policy concerning the release of information by their stag 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 upon 60 days written notice. r- 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. SIGNED this -1 /?ay o Al 1hST: , 1996. LUTHERAN HEALTH SYSTEMS, OPERATOR OF NORTH COLORADO MEDICAL CENTER orate Secretary Karl B. Gills, Administrator 9 0? S WELD COUNTY, COLORADO, BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY BY: f 2C1 Deputy Clerk to the Board /Geo ge E. Baxter, Chair 03/05/97 M:\WPFILES\AGRFmemr me WI 97417:T S 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 1'HB.REFORE, 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. Y• 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 , 199 270.11.5 THE CITY OF GREELEY, COLORADO, a municipal corporation, by and through the City Council By: Mayor ATTEST: City Clerk APPROVED AS TO LEGAL FORM: By: City Attorney APPROVED AS TO SUBSTANCE: By: City Manager AS TO AVAILABLITY OF FUNDS: By: Director of Finance USER: WELD COUNTY, COLORADO, a body corporate and politic by and through the Board of County Commissioners By: Chair ATTEST: By: Clerk to the Board APPROVED AS TO LEGAL FORM: By: County Attorney APPROVED AS TO SUBSTANCE: By: County Finance Director 970418 GREELEY/RrELTh COUNTY CRIMINAL JUSTICE SYSTEM I, CONFID Y OF INFORMATION AGREEMENT employment/assignment access to confidentia not limited with the , have been informed by that during my , I may have law enforcement information, including but to, i formation concerning investigations and arrests, criminal d -tails from official police reports. understand that unau information to anyone action up to and inc criminal action again possible adverse cons information and, spec confidential to the b: SIGNED: DATE: WITNESS: borized dissemination of any confidential by me may result in employment disciplinary lading termination, civil liability, and/or t me_ I understand my responsibility and quencas tor unauthorized dissemination of fically agree to keep obtained information t of my ability_ Exhibit H DOB: DATE: 13704:11, S t 1 NORTH COLORADO MEDICAL CENTER ACCESS TO GREELEY/WELD CRIMINAL JUSTICE INFORMATION SYSTEM AGREEMENT I, the undersigned, acknowledge: 1801 16th Street Greeley. Colorado a0631-5199 970-352.4121 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 970("5 Police Department COMMUNICATIONS 915 10th STREET GREELEY COLORADO 80631 TO: DONALD WARDEN, FINANCE DIRECTOR WELD COUNTY GOVERNMENT FROM: KENT D. DONAHUE, DIRECTOR WELD COUNTY REGIONAL COCAITION'S-EENTER DATE: FEBRUARY 27, 1997 TOPIC: LUTHERAN HEALTH SYSTEMS AGREEMENT FOR SERVICES Over the past month I have been in contact with Jody Leonnig and Maggie Valcourt regarding the attached "Agreement for Services." Today, I met with Mrs. Valcourt via the telephone following a FAX communication I sent to her regarding proposed amendments to the agreement as it had been originally proposed. After reviewing the proposed changes which were submitted, Mrs. Valcourt advised that they were acceptable and further that, "the agreement for continuous Quality Improvement between WCRCC and Air Life is our primary concern." For purposes of clarity I have attached copies of the page of the original agreement and the changes which I made. Further, note that the copies of the "Association of Air Medical Standards: Flight Operations Management/Communications Center Standard" were removed as attachments to the original agreements. The three agreements awaiting signatures of the County Commissioner(s) are ready for signing and return to Lutheran Health Systems. 970416 0 c Movt Hello