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Home My WebLink About780625.tiff RESOLUTION RE: APPROVAL OF CONTRACT FOR CARDIAC MONITOR BETWEEN THE STATE OF COLORADO DEPARTMENT OF HEALTH AND THE WELD COUNTY AMBULANCE SERVICE BY AND THROUGH THE WELD COUNTY COMMIS- SIONERS. 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 Weld County Ambulance Service has proposed the execution of a contract between Weld County Ambulance and the State Health Department for a new Cardiac Monitor/Defibrillator for the sum not to exceed $4 , 000 of State funds and $2, 000 of Weld County funding. The terms of said contract extend from March 1, 1978 to June 30, 1978, as more fully set forth in a copy of the contract which is attached hereto and incorporated herein by reference, and WHEREAS, the Board of County Commissioners of Weld County, Colorado deems it advisable and in the best interest of Weld County to authorize the Chairman of the Board of County Com- missioners of Weld County, Colorado to sign said contract. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners that the Chairman of said Board, be, and hereby is, authorized to sign said contract which is attached hereto, said contract provides for the purchase of a Cardiac Monitor/De- fibrillator for the total sum not to exceed $4 , 000 of State funds and $2, 000 of Weld County funds. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of March, A.D. , 1978. �j � �(,L�►'t`7 1 • t ' ` BOARD OF COUNTY COMMISSIONERS ATTEST• , / WELD COU TY, COLORADO Weld County Clerk and Recorder a Clerk to the Deputy Count erk CelD AS TO FORM 4O1 c/P-en County Attorney (� �,t + Date Presented: April 3 , 1978 BFI! A t' '4`'t4,cv8. „., 78O625 Form 6-AC-02A - DEI'ARY MENT OR AGENCY NUMBER 260000 CONTRACT ROUTING NUMBER 54/3 CONTRACT THIS CONTRACT, made this ZAth day of January I978_, by and between the State of Colorado for the use and benefit of the Department of *1 HEALTH hereinafter referred to as the State, and '2 Weld County Commissioners, P.O. Box 758, Greeley, Colorado 80631 hereinafter referred to as the contractor, WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 1001 G/L Account Number ,515 7 , Contract Encumbrance Number C294391;and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies: and WHEREAS, '3 The STATE has formulated a Comprehensive Emergency Medical Services System Plan pursuant to the Emergency Medical Services Systems Act of 1973 (P.L. - 93-154) ; and, WHEREAS, Planning and Management Region 2 submitted an EMS grant application to DREW for the expansion of an EMS Advanced Life Support System under Section 1204 of the Emergency Medical Services Amendments of 1976 (P.L. 94-573) . WHEREAS, The STATE has determined the CONTRACTOR is justified and qualified to receive funding assistance under P.L. 94-573 for the provision of improved emergency medical service to the community. NOW THEREFORE, it is hereby agreed that for and in consideration of their mutual promises to each other, hereinafter stated, the parties agree as follows: 1. ; The CONTRACTOR agrees to upgrade the quality of emergency medical care by the following: a) Purchase of a new portable cardiac monitor-defibrillator. 2. The CONTRACTOR agrees to utilize the monitor-defibrillator in the hospital emergency department and/or county ambulance unit exclusively for emergency medical services. 3.. The CONTRACTOR agrees to use the monitor-defibrillator only under direct medical supervision and control. 4. The CONTRACTOR agrees to provide through the medical director of emergency services a medical review and audit of each emergency therapy requiring the use of the cardiac monitor-defibrillator. 5. The CONTRACTOR agrees to provide for the maintenance, repair and upkeep of the monitor-defibrillator. 6. The CONTRACTOR shall assist in the implementation of the EMS Advanced Life Support system by the following: a) Support efforts to establish medical control over prehospital care to include triage-treatment protocols and on-line physician consultation. Page I of—5._.pages *(See instructions on reverse of last page.) • 7. This contract is not assignable without the written consent of both parties. 8. The STATE will, in consideration of said services cause to be paid to the CONTRACTOR a sum not to exceed Four Thousand Dollars ($4,000.00) in the following manner: a) Upon receipt of signed statement submitted in triplicate requesting reimbursement conditioned upon affirmation by the State Emergency Medical Services Division that all the services were rendered in accordance with the contract, and b) Affirmation by the CONTRACTOR that appropriate equipment bidding procedures were applied in the purchase. 9. The term of this contract is March 1, 1978-June 30, 1978 with the following provisions: a) No payment shall be made under this contract for costs incurred after June 30, 1978. b) Project reporting requirements shall terminate on June 30, 1981. • Page 2 of 5 Pages n / , COLORADO DEPARTMENT OF HEALTH - hereinafter, under the Ceaeral Provisions, referred to as "Health". • GENERAL PROVISIONS The parties to this Contract intend that the relationship between them contemplated by this Contract is that of employer-independent contractor. No agent, employee, or servant of Contractor shall be or shall be deemed to be an -employee1 agent;or servant of-Health. - Contractor will be solely-and entirely responsible for its acts and the acts of its agents, employees, servants, and subcontractors during the performance of this Contract. • • At all times during the performance of this Contract, the Contractor shall strictly adhere to all applicable federal and state laws that have been or may hereafter be established. Contractor authorizes Health to perform audits and to make inspect- ions for the purpose of evaluating performance under this Contract. - . Contractor shall indemnify Health against all liability and loss, - and against ill claims and actions based upon or arising out of damage or injury, including death, to persons or property caused by or sustained in connection with the performance of the Contract -oz by conditions created thereby, .or based upon any violation of any. statute, ordinance, or regulation, and the defense of any such claims or actions: • Either party shall have the right to terminate this agreement by giving the other party thirty days notice by registered mail, return receipt requested. If notice is so given, this agreement shall terminate .on the- - expiration of the thirty days; and the liability of the parties hereunder for the further performance of the terms of this agreement shall thereupon cease, but the parties shall not be relieved of the duty to perform their obligations up to the date of termination. This agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatso- ever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall-have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. Page 3 of 5 Pages. -- Form 6-AC-02B � ' SPECIAL PROVISIONS • CONTROLLER'S APPROVAL 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than ten thousand dollars for the construction, erection,repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included in this contract, duly execute and deliver to and file with the official whose signature appears below for the State, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety, conditioned for the due and faithful performance of the contract, and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other supplies used or consumed by such contractor or his subcontractor in pefonnance of the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond, when so required, is executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order made payable to the Treasurer of the State of Colorado may be accepted in leiu of a bond. MINIMUM WAGE 4. Except as otherwise provided by law,if this contract provides for the payment of more than five thousand dollars and requires or involves the employment of laborers or mechanics in the construction, alteration or repair of any building or other public work, (except highways, highway bridges, underpasses and highway structures of all kinds) within the geographical limits of the State, the rate of wage for all laborers and mechanics employed by the contractor or any subcontractor on the building or public work covered by this contract shall be not less than the prevailing rate of wages for work of a similar nature in the city,town,village or other civil subdivision of the State in which the building or other public work is located.Disputes respecting prevailing rates will be resolved as provided in 8-16-101, CRS 1973, as amended. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act Of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices(24-34-301, CRS 1973, as amended), and as required by Executive Order, Equal Opportunity and Affirmative Action,dated April 16, 1975.Pursuant thereto, the following provisions shall be contained to all State contracts or sub-contracts. During the performance of this contract,the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status,religion,ancestry,mental or physical handicap,or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment,without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertisings;lay-offs or terminations;rates of pay or other forms of compensation;and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race,creed, color, national origin, sex, marital status, religion,ancestry,mental or physical handicap,or age. (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's committment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations,and relevant Orders of the Governor. (4) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975,and by the rules,regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books,records,and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders. (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity, because of race,creed, color,sex,national origin,or ancestry. (6) A labor organization, or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder;or attempt,either directly or indirectly,to commit any act defined in this contract to be discriminatory. page 4 of_ 5 pages Form 6-AC-02C • • (7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders,this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures, authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. (8) The contractor will include the provisions of paragraphs(1) through (8) in every sub-contract and sub-contractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975,so that..uch provisions will be binding upon each sub-contractor or vendor.The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct,as a means of enforcing such provisions,including sanctions for non-compliance;provided, however, that in the event the contractor becomes involved in,or is threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6. Provisions of 8-17-101,& 102, CRS 1973 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. The signatories hereto aver that they are familiar with 18-8-301, et seq., (Bribery and Corrupt Influences) and 18-8-401, et seq., (Abuse of Public Office), C.R.S. 1973, as amended,and that no violation of such provisions is present. 9. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above written. Ed®.Dunbar, _Chairman STATE OF COL DO County Commissioner RICHARD D. A M, GOVERNOR P.O. Box 758 Greeley, Co]gradq 8091 By Contractor ,tom? �J,. , 11� - FOR Tits EXECUT VE DIRECTOR. DEPARTMENT Position OF HEALTH Social Security Number or Employer ID APPROVALS J. D. MacFAR AWE MOR� ATTORNEY GENERAL CO LLER r By By ,�' y�n/ 1 '1 I . IR. istant licitor General eneral Legal Services Program Approval byCie Mc�41& �— Date I/?Si Tr • Page_:which is the last of___S pages *See instructions on reverse side. In ' ofCo4 1610 COLORADO .'.. ;'AHTME ;! r HEALTH 4210 East llth Avenue Denver, Colorado 80220 Date: 5/1/78 FROM: ACCOUNTING SECTION TO: Board of County Commissioners, Weld County RE: Sign and return all copies of enclosed agreement - verified copy will be returned after full approval. XX Verified copy of approved agreement enclosed for your files. Other: �.C� in W. Swanson, Chief Accounting and Budget Agreement No. C294391 Hello