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Home My WebLink About961689.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT CONCERNING AMBULANCE SERVICES WITH CITY OF GREELEY, WESTERN HILLS FIRE DISTRICT, GREELEY FIRE DEPARTMENT, AND UNION COLONY FIRE RESCUE AUTHORITY 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 a Intergovernmental Agreement Concerning Ambulance Services 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 Ambulance Service, and City of Greeley, the Western Hills Fire District, the Greeley Fire Department, and the Union Colony Fire Rescue Authority, with 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 Intergovernmental Agreement Concerning Ambulance Services 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 Ambulance Service, and City of Greeley, the Western Hills Fire District, the Greeley Fire Department, and the Union Colony Fire Rescue Authority, 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 23rd day of September, A.D., 1996. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORA O fAbitz.,,eA Barbara J. Kirkmeyer, hair 1861 °1!S C ty Clerk to the Board • . Baxter, Pro- m 4% V •eputy Clerk 4. the Board Dale!./nLS ez K. Hall , APP AS TO FOR ieu�of•O gh Constance L. Harbert n A torney W. H. ster VVVV 961689 e_e ; gm; Cn^eeley. AM0007 THE CITY OF GREELEY, COLORADO RESOLUTION 25 , 1996 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH WESTERN HILLS FIRE DISTRICT, THE UNION COLONY FIRE RESCUE AUTHORITY AND WELD COUNTY FOR AMBULANCE SERVICES TO BE PROVIDED BY WELD COUNTY AMBULANCE SERVICE. WHEREAS, Weld County operates the Weld County Ambulance Service, providing emergency medical services throughout Weld County; and WHEREAS, the Weld County Board of Commissioners has authority, pursuant to § 30- 11-107(1)(q), C.R.S., to organize, operate, control, direct, manage, contract for, or furnish ambulance service; and WHEREAS, pursuant to agreement dated December 21, 1976, the City contracted with the County for ambulance services; and WHEREAS, Western Hills Fire Department and Greeley Fire Department will merge operations, effective January 1, 1997, to be known as the Union Colony Fire Rescue Authority; and WHEREAS, it has been determined that it is in the best interests of the citizens of Greeley and Weld County that cost effective and quality ambulance service be maintained to provide emergency ambulance services to all residents of the City by Weld County Ambulance Service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF GREELEY, COLORADO AS FOLLOWS: 1. The City Council hereby authorizes the Mayor to enter into an Intergovernmental Agreement with Western Hills Fire District, Union Colony Fire Rescue Authority and Weld County, for ambulance operations, a copy of which is attached hereto and incorporated herein by reference. 2. This resolution shall become effective immediately upon its passage. PASSED AND ADOPTED, SIGNED AND APPROVED THIS 2nd day of July , 1996. ATTEST: THE CITY OF GREELEY, COLORADO 44 A . City Cldk ayor 961689 INTERGOVERNMENTAL AGREEMENT CONCERNIN2G AMBULANCE SERVICES THIS AGREEMENT, made this Q 2(L day of 9�p , 1996, by and between the CITY OF GREELEY, (hereinafter l referred to as " ITY"), WESTERN HILLS FIRE DISTRICT (hereinafter referred to as "WHFD"), the city of Greeley, by and through the City Council, on behalf of the GREELEY FIRE DEPARTMENT (hereinafter referred to as "GFD"), the UNION COLONY FIRE RESCUE AUTHORITY, (hereinafter referred to as "UCFRA"), and the COUNTY OF WELD, a political subdivision of the State of Colorado, by and through the Board of Weld County Commissioners, on behalf of the Weld County Ambulance Service (hereinafter referred to as "COUNTY"): WHEREAS, the County operates the Weld County Ambulance Service which provides emergency medical services throughout Weld County, and including those areas within the city limits of the City of Greeley; WHEREAS, Section 30-11-107 (1)(q) C.R.S. provides for the Board of County Commissioners to organize, own, operate, control, direct, manage, contract for, or furnish ambulance service; WHEREAS, Section 32-1-1002(1)(c) C.R.S. grants authority to a fire district to operate as a part of the duties of the fire protection district(s), an ambulance service; WHEREAS, WHFD and GFD have announced plans to merge their operations, effective January 1, 1997, and to henceforth be known as the Union Colony Fire Rescue Authority; WHEREAS, the parties believe that it is in the best interests of the residents of Weld County that a cost effective and quality ambulance service be maintained to provide emergency medical services to all residents in Weld County, whether such residents reside inside incorporated areas, or in the unincorporated areas of the county; WHEREAS, by Agreement dated December 21, 1976, CITY has contracted with COUNTY to provide all ambulance services to the residents of CITY; WHEREAS, WHFD, GFD, UCFRA, and CITY wish for COUNTY to continue to provide ambulance service, without contracting for a private ambulance service; WHEREAS, COUNTY agrees to continue to provide such ambulance service, and not to contract for such service with a private third party, so long as WHFD, GFD, UCFRA, and CITY do not provide separate and competing services; 1 96168E NOW THEREFORE, in consideration of the matters recited above, and for the purposes of establishing and recording the legal basis upon which the ambulance service will continue to be operated and the relative rights, interests, duties, and obligations of the parties, the following agreements and understandings are made: 1. Recitals. The above set forth recitals are hereby incorporated as though set forth herein verbatim. 2. Term of Agreement. This Agreement shall be effective for one year from the date of its signing, and thereafter shall continue in effect from year to year unless terminated by any party pursuant to the terms of this Agreement. 3. Ambulance Service. COUNTY shall provide and operate an ambulance service that provides Advanced Life Support, transport and related emergency medical services to all residents within the entire area of CITY, as well as within the county of Weld. Such ambulance service shall be operated continually unless and until COUNTY decides to discontinue such service, after complying with the termination requirements as hereinafter set forth. 4. Oualitv of Service. COUNTY shall ensure that all health care professionals employed, retained or used by the Weld County Ambulance Service are licensed or otherwise authorized by law to provide health care related services in the State of Colorado. The Weld County Ambulance Service shall at all times comply with the requirements of Weld County Ordinance 77-D, or its successor. 5. Exclusive Management of Ambulance Service. COUNTY shall have the sole and exclusive management of the ambulance service and the right to make all decisions regarding it, with the exception of decisions concerning privatization of the ambulance service, as more particularly addressed in paragraph 8. All individuals employed in carrying out the service will be employees of COUNTY and will be free from any direction or supervision from any other party to this Agreement. 6. Parties will not establish separate ambulance service. During the term of this Agreement, CITY, WHFD, GFD, and UCFRA specifically agree that they will not establish, nor contract for an ambulance service to provide emergency medical services to residents of CITY, or other residents within the relevant fire districts. Although WHFD, GFD, and UCFRA will continue to provide, as a minimum, Basic Life Support Services within their jurisdictions, and otherwise assist the Weld County Ambulance Service as situations require, pursuant to Mutual Aid Agreements, neither WHFD, GFD, nor UCFRA will establish, nor contract for service that will transport patients, during the term of this Agreement. 7. Parties to work to minimize multiple agency responses. The parties shall jointly work to formulate procedures to minimize multiple agency responses to incidents. 2 961689 This may include, but not be limited to, working with the 911 dispatch being provided through agreements between COUNTY and CITY. WHFD, GFD, UCFRA, and Weld County Ambulance Service shall execute written mutual aid agreements with each other. Duplicate originals of the signed mutual aid agreements shall be attached to, and incorporated into this Agreement. 8. The parties to this Agreement will jointly make decisions concerning privatization of ambulance services. In consideration for the agreement of the other parties to not establish or contract for a separate ambulance service, COUNTY agrees that COUNTY will not contract for any ambulance service to be provided by a private third party during the term of this Agreement. COUNTY will continue to operate the said ambulance service, as above stated. The parties acknowledge that COUNTY is entitled by law to contract for private ambulance service for the residents of Weld County without first obtaining consent from any other entity, and that COUNTY by this Agreement is giving up that right during the term of this Agreement, upon the conditions herein set forth. The parties therefore agree that any decision to privatize all or part of the emergency medical services/ambulance service during the term of this Agreement will be made jointly by the parties, after a study of the available alternatives. 9. Financial responsibilities for ambulance operations. COUNTY will provide advanced life support, transport and related emergency medical services at no cost to CITY, WHFD, GFD, or UCFRA. The parties to this contract will jointly plan for new facilities for ambulance services, as development and demand for services increase in various sections of the City or County. The parties acknowledge, however, that the Weld County Ambulance Service is funded through fees for services. No portion of this Agreement shall be deemed to create an obligation on the part of COUNTY to expend funds not otherwise appropriated during the term of this Agreement. 10. Agreement Concerning traffic control signals for emergency vehicles remain in effect. This Agreement shall in no way alter or modify the existing Agreement between CITY and COUNTY, entered into on April 27, 1992, concerning special signal emitters to control manually certain traffic signals and intersections within CITY. (Hereinafter referred to as "The Opticom Agreement"). All provisions of the Opticom Agreement shall remain in full force and effect until such time as said Opticom Agreement is terminated pursuant to the terms and provisions in The Opticom Agreement. 11. Other Agreements Concerning Mutual Aid Between the Parties or Hazardous Materials remain in Effect. This Agreement shall in no way alter or modify any and all existing Agreements between the parties concerning Mutual Aid between the parties, or the handling of Hazardous Materials incidents. 12. Cooperative Agreement Between Weld County and Greeley for Ambulance Service is superseded by this Agreement. This Agreement shall supersede the Cooperative 3 961689 Agreement Between Weld County and Greeley for Ambulance Service, entered into between CITY and COUNTY on or about December 21, 1976 ("The Cooperative Agreement"), and The Cooperative Agreement is hereby terminated by and between CITY and COUNTY. 13. Dispute Resolution. In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement, the claiming party shall send written notice to the other parties concerning the dispute, claim, question or disagreement. The parties shall then use their best efforts to settle the dispute, claim, question or disagreement. To do so, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to all parties. The parties shall allow a reasonable time, up to at least thirty (30) days in which to resolve any dispute, claim, question, or disagreement from or relating to this disagreement, prior to taking any further action concerning such dispute. 14. Termination. This Agreement may be terminated by any party upon providing written notice to all other parties of the party's intent to terminate the Agreement, at least ninety (90) days in advance of such termination. If the party's intent to terminate is a result of a dispute, claim, question or disagreement arising from or related to this Agreement, the party shall first attempt to resolve the dispute, pursuant to the provisions of paragraph 13 of this Agreement. 15. Notices. Any notice required to be given pursuant to the terms and provisions hereof shall be hand delivered, or sent by certified mail, return receipt requested, postage prepaid, to the parties hereto, as follows: Weld County: Board of County Commissioners for Weld County P.O. Box 758 Greeley, Colorado 80632 City of Greeley: 1000 10th Street Greeley, Colorado 80631 Western Hills Fire 1731 Cedar Avenue District: Greeley, Colorado 80631 Greeley Fire Dept.: 919 7th Street Greeley, Colorado 80631 Union Colony Fire 919 7th Street Rescue Authority: Greeley, Colorado 80631 4 961gee 16. Non Assignment. This Agreement shall not be assignable without prior written consent of each and every other party to this Contract. 17. 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 or shall be deemed to be an employee, agent or servant of another party to this Agreement. 18. Liability - Indemnification. Each party to this Agreement shall not be responsible or liable for acts or omissions or failures to act by any other party to this Agreement. To the extent authorized by law, each party to this Agreement shall indemnify, save and hold harmless each and every other party to this Agreement against any and all claims, damages, liability, and Court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the indemnifying party or their employees, agents, subcontractors, or assignees pursuant to the terms of this Agreement. 19. Modification and Breach. This Agreement contains the entire Agreement and understanding between the parties to this Agreement and, with the exceptions above noted, supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. 20. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such a provision, to the extent this Agreement is then capable of execution within the original intent of the parties. 21. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of 5 961689 the undersigned parties, that any third parties receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. IN WITNES WHEREOF, the parties have hereunto set their hand and seals this 'day of sue. , 1996. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • Barbara J. Kirkmeyer, Chai/ ;3 9 4EtaU` Iss: I. o Y; y ty Clerk to the Board �‘‘-2.),1111N v . ,f i eputy Llerk to the Board Appro s Form: Y: We oun y Attorney CITY OF GREELEY: By: See next page Approved as to Form: By: See next page City Attorney WESTERN HILLS FIRE DISTRICT: ATTEST: 4-^ ��r'""xar!ny 2 By: Chairman of Board Secretary/Treasurer 6 961689 GREELEY FIRE DEPARTMENT: Fire ief GREELEY CITY COUNCIL: By: N/A UNION COLONY FIRE RESCUE ATTEST: AUTHORITY DD oo By. r By: GZa�'�: Chairman of the Board Secretary/ reasurer CITY OF GREELEY, COLORADO ATTEST: / q iltdi City Ci a or APPROVED AS TO SUBSTANCE: APPROVED AS TO LEGAL FORM: By: C7O By: City Manager City Attorney AS TO AVAILABILITY OF FUNDS: Director of Financ� 7 961689 Hello