HomeMy WebLinkAbout960583.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING THE REORGANIZATION AND FUNDING OF
THE EMS COORDINATOR POSITION WITH BOARD OF TRUSTEES OF AIMS JUNIOR
COLLEGE DISTRICT 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 Concerning the
Reorganization and Funding of the EMS Coordinator Position between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, and the Board
of Trustees of Aims Junior College District, commencing April 3, 1996, and ending December 31,
1996, 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 Concerning the Reorganization and Funding of the EMS
Coordinator Position between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and the Board of Trustees of Aims Junior College District
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 3rd day of April, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLORADeN
� � _//' )ii/ I 4cLit CC Pd� arara J. Kirkmeyer, C Jr O
ççc;C1ty a`'�'#;^ Clerk to the Board
7-4-ze
Baxter, ,
seputy Clerk ti he Board
Da K. Hall `/
A V AS T ORM: q, _ �dkiA
Constance L.L. Harbert
ty Attor ey j/ - } '4
W. H. ebster 111
960583
pe : Arm j ai RIMS, AM0009
AGREEMENT CONCERNING THE REORGANIZATION
AND FUNDING OF THE EMS COORDINATOR POSITION
nd
THIS AGREEMENT is made this day of 1 , 1996, by and between the Board
of County Commissioners of Weld County ("Weld County") and the Board of Trustees of Aims
Junior College District ("Aims"). This Agreement arises from the following facts and
circumstances:
A. Weld County currently employs an Emergency Medical Services
Coordinator/Paramedic ("EMS Coordinator Position") pursuant to the terms and conditions
of agreements entered into on or about 1992 between Weld County and various ambulance
services and fire districts located and providing services within Weld County (the
"Contract").
B. The EMS Coordinator Position provides, without limitation, the following
services:
1. Medical quality control;
2. Coordinates services with the Physician Advisor; and
3. Consult with Physician Advisor and Weld County EMS Council.
C. Aims desires to establish a full-time position of Coordinator, Continuing
Medical Education ("Aims Position") in its Emergency Medical Services Department.
D. The current essential duties of the EMS Coordinator Position are included in
the job description for the Aims Position.
E. Weld County and Aims agree that the duties of the EMS Coordinator Position
can be better performed under the Aims Position.
F. Weld County desires to discontinue the EMS Coordinator Position and to
provide funding to the Aims Position in an amount equal to the amount Weld County would
have contributed to the EMS Coordinator Position on an annual basis.
G. Aims desires to receive such funding and to use it toward establishing the
Aims Position.
H. Weld County and Aims wish to formalize their agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the
parties hereto agree as follows:
Page 1 of 4 Pages
960583
AGREEMENT
1. Recitals. The above and foregoing recitals are incorporated herein by reference as
though fully set forth.
2. Necessary Action Concerning the Contract. Weld County agrees to give notice of
the termination of the Contract to all parties thereto within ten(10) days following the execution of
this Agreement.
3. Aims Not Responsible for Services Rewired by Contract. Weld County agrees that
Aims is not responsible for the provision of Physician-Advisor services to any emergency medical
service provider.
4. Term. This Agreement shall be effective upon signing of all parties hereto through
December 31, 1996. This Agreement shall be automatically renewable from year to year, unless
sooner terminated pursuant to the terms and conditions set forth in this Agreement. Weld County
and Aims agree, however, to review the status of this Agreement each year before renewal.
5. Termination of the Weld County EMS Coordinator Position. Not later than forty(40)
days after all parties have signed this Agreement, Weld County will terminate the EMS Coordinator
Position.
6. Commencement of the Aims Position. Not later than forty(40) days after all parties
have signed this Agreement,the Aims Position will commence. The Aims Position will include the
current duties of the previous EMS Coordinator Position.
7. Funding. Weld County will pay Aims the amount of$29,161.00 in the first year of
this Agreement, said payment to be made in a lump sum not later than forty(40)days after all parties
have signed this Agreement. Subject to appropriation, Weld County will provide funding on an
annual basis in an amount equal to the amount Weld County would have contributed to the EMS
Coordinator Position.
8. Additional Funding. Nothing in this Agreement shall require Weld County to provide
to Aims additional funds which have not been budgeted pursuant to this Agreement.
9. Aims Employment. The Aims Position employee shall for all purposes be an
employee of Aims. This Agreement shall not be construed in any manner that results in Weld
County having any responsibility whatsoever toward the Aims Position Employee.
10. Records. Aims and Weld County agree to develop and maintain adequate and
appropriate records to enable Weld County to evaluate the services being provided through the Aims
Position . Aims will provide access to such records to Weld County for inspection, audit and review
at Weld County's expense during Aims' regular business hours so long as such inspection, audit and
Page 2 of 4 Pages
960583
review do not unduly interfere with the performance of Aims' regular activities.
11. Termination. This Agreement may be terminated by either party upon thirty (30)
days written notice. If either party terminates this Agreement during the course of the contract term,
Aims will be entitled to receive only that portion of the funding for the Aims Position on a pro rata
basis for the portion of the contract term in which this Agreement was in effect.
12. Notices. Any notice provided for in this Agreement shall be in writing and shall be
served by personal delivery or by certified mail, return receipt requested, postage prepaid, at the
following addresses:
TO AIMS JUNIOR COLLEGE DISTRICT:
Office of Vice President for Academic Affairs
Westview Building, 694
Aims Community College
5401 West 20th Street
Greeley, CO 80634
TO BOARD OF COUNTY COMMISSIONERS:
Board of County Commissioners of Weld County
915 Tenth Street
P.O. Box 758
Greeley, CO 80632
Notices shall continue to be sent to the above-stated addresses until such time as written notice of
a change is received from the party wishing to make a change of address. Any notice so mailed and
any notice served by personal delivery shall be deemed delivered and effective upon receipt or upon
attempted delivery. This method of notification will be used in all instances except for emergency
situations when immediate notification to the other party is required.
13. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that
the 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 on this
Agreement. It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Agreement shall be deemed an
incidental beneficiary only.
14. 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,
Page 3 of 4 Pages
960593
or servant of the other party to this Agreement.
15. Modification and Breach. This Agreement contain the entire
agreement and understanding between the parties hereto and supersede 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 claiming 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.
16. Severability. If any term or condition of this Agreement shall be held by a court of
competent jurisdiction 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.
IN WITNESS WHEREOF,the below-named parties have signed this Agreement this, h�
day of lipaL,
1996.
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, COLORADO
'\r ST:
v sil /MI-r
1861 c
B
bBaara J. Kirlaneyer, C
0 THE BOARD OF
fir.* I ►r COMMISSIONERS
BY: CUB CQ.Q/LJ
Deputy Cler I'I. the Board
BOARD OF TRUSTEES OF AIMS
JUNIOR COLLEGE DISTRICT
BY
. Jo er
ice President for Academic Affairs
Page 4 of 4 Pages
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