HomeMy WebLinkAboutbocc.con.093.1999CONTRACT # W -q
APPROVED WAIVER FORM CONTRACT
Grants Program - Single Agency
Department or Agency Name
COLORADO DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT
Department or Agency Number
FLA
Contract Routing Number 0000090
CONTRACT
This CONTRACT is made this 30tli day of September 1999 by and between: the State of Colorado for the use and
benefit of the DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT whose address or principal place
of business is 4300 Cherry Creek Drive South. Denver. CO 80246 hereinafter referred to as "the State";
and,Pitkin County whose address or principal place of business is 506 East Main Street. Aspen. CO 81611
hereinafter referred to as "the Contractor".
WHEREAS, as to the State, authority exists in the Law and Funds have been budgeted, appropriated and otherwise
made available and a sufficient uncommitted balance thereof remains available for subsequent encumbering and
payment in Fund Number 4Q , Appropriation Code 845 and Organization Code $30p, under Contract Encumbrance
Number FLA EMS 0000090•
WHEREAS, the Emergency Medical Services and Prevention Division (EMSPD) was created to administer the
Local Emergency Medical Services program created by Title 25, Article 3.5, Part 6, 8 C.R.S., as amended;
WHEREAS, the Emergency Medical Services Account within the Highway Users Tax Fund was created by section
25-3.5-603, 8 C.R.S., as amended, to fund grants for the enhancement of statewide emergency medical services;
WHEREAS, the Contractor is licensed, to the extent required by law, to provide emergency medical services in the
State of Colorado;
WHEREAS, the State desires to grant funding to the Contractor to provide local emergency medical services;
WHEREAS, as of the effective date of this Contract, the State has a currently effective Group II purchasing
delegation agreement with the Division of Purchasing within the Colorado Department of Personnel;
WHEREAS, the Contractor has submitted a grant application that has been approved by the State;
WHEREAS, as of the effective date of this Contract, the Contractor meets all other qualifications for funding under
the emergency medical services grants' program to provide local emergency medical services;
WHEREAS, in accordance with EMSPD Rule, section 3.4., the EMSPD deems the Contractor's application or
request for use of grant funding as justified and an appropriate use of these grant funds; and,
WHEREAS, all required approvals, clearances, and coordination have been accomplished from and with all
appropriate agencies.
Page I of 10 Pages
NOW THEREFORE, in consideration of their mutual promises to each other, hereinafter stated, the parties hereto
agree as follows:
A. EFFECTIVE DATE AND TERM. The effective date of this Contract is September 30. 1999 or on such
other date as the State Controller finally approves this Contract, whichever is later. The initial term of this
Contract shall commence on September 30. 1999 and continue through and including dune 30, 2000.
B. DUTIES AND OBLIGATIONS OF THE CONTRACTOR.
1. The Contractor shall use the funding granted to it under this Contract by the State to provide the
emergency medical services project described in "Attachment Al!, "Colorado EMS Grant
Application", which is incorporated herein by this reference, made a part hereof, and attached
hereto. Grant funds related to these emergency medical services projects shall be used to upgrade
the level of emergency medical services care offered in the State of Colorado.
2. If this Contract involves training or education services, then the Contractor shall submit written
documentation of certification or other appropriate written documentation of satisfactory
completion along with the invoice requesting reimbursement under this Contract.
3. If this Contract involves the acquisition of equipment, then the Contractor shall provide the State
with written documentation of the purchase of the specified equipment, and shall comply with the
following State requirements:
A. All communications equipment shall be purchased from the State award for
communications equipment or from another vendor for a comparable price and quality. If
the Contractor desires to purchase communications equipment which is not listed on the
State award, then Contractor must complete an informal competitive solicitation process
before purchasing such equipment. If a competitive solicitation process is used, then the
Contractor shall purchase the communications equipment from the lowest responsive and
responsible bidder.
B. If the Contractor desires to purchase emergency vehicles other than ambulances, then the
Contractor must complete an informal competitive solicitation process before purchasing
such equipment. The proposed specifications for these emergency vehicles must be
approved by the State prior to the initiation of the informal competitive solicitation
process. If a competitive solicitation process is used, then the Contractor shall purchase
the emergency vehicles from the lowest responsive and responsible bidder.
C. If the Contractor desires to purchase medical equipment, then the Contractor must
complete an informal competitive solicitation process before purchasing such equipment.
If a competitive solicitation process is used, then the Contractor shall purchase the
medical equipment from the lowest responsive and responsible bidder.
D. The Contractor shall maintain all purchased equipment in good working order, normal
wear and tear excepted. The Contractor shall perform all necessary maintenance services
for that equipment in a timely manner and in accordance with the manufacturer's
specifications and any manufacturer's warranty requirements. The Contractor shall keep
detailed and accurate records of all maintenance services performed on all purchased
equipment.
E. During the term of this Contract, and as may be required after its expiration, the
Contractor shall acquire and maintain personal property casualty insurance for the
replacement value of the purchased equipment for the useful life of the purchased
equipment.
F. The Contractor shall repair or replace all purchased equipment which is damaged,
destroyed, lost, stolen, or involved in any other form of casualty.
Page 2 of 10 Pages
G. The Contractor shall keep inventory control records on all purchased equipment. The
Contractor shall obtain the prior, express, written consent of the State before relocating or
reallocating any purchased equipment.
H. The Contractor shall provide the State with a picture of each piece of purchased
equipment. This picture must be submitted with the final program report.
If the Contractor or its subcontractors cease to provide emergency medical services in the
State of Colorado, then all equipment purchased under this Contract shall either be placed
with another operating emergency medical services provider in the State of Colorado, or
be sold at public auction for its then fair market value. That portion of the sale proceeds
which equals the State's initial financial contribution towards the purchase of that
equipment shall be refunded to the State by the Contractor. The Contractor shall obtain
the prior, express written consent of the State prior to any relocation or sale of any
purchased equipment.
4. Any training or education requirements which are identified in Attachment A are subject to the
following terms and conditions:
A. Reimbursement for all travel expenses associated with the training or education program
shall be made in accordance with the then current State of Colorado reimbursement rates
for travel as specified in the Fiscal Rules for the State of Colorado.
B. If a Contractor provides a training or education program under this Contract, then the
Contractor shall acknowledge the use of emergency medical services account grant funds,
managed by the State, on all public service announcements, program announcements, or
any other printed material used for the purpose of promoting or advertising the program.
C. If a Contractor provides a training or education program under this Contract, then the
Contractor shall develop and utilize a course evaluation tool to measure the effectiveness
of the program. The Contractor shall submit a copy of the evaluation reports to the State
upon completion of the program.
5. During the term of this Contract, the Contractor shall provide the State with quarterly progress
reports for itself and its subcontractors in the format provided by the State.
6. Except for "public entities", which are described below, during the term of this Contract, and any
renewal or extension thereof, the Contractor shall keep in force and effect a policy or policies of
comprehensive general liability insurance, issued by a company authorized to do business in
Colorado in an amount not less than $500,000 combined single limit for total injuries or damages
arising from any one incident (for bodily injuries or damages). The Contractor shall provide the
State with a certificate of insurance as evidence that such insurance coverage is in effect as of the
effective date of this Contract.
If the Contractor is a "public entity" within the meaning of the Colorado Governmental Immunity
Act, C.R.S. 24-10-101, gj ma, 10 C.R.S., as amended ("Act"), then the Contractor shall at all
times during the term of this Contract maintain such liability insurance, by commercial policy or
self-insurance, as is necessary to meet its liabilities under the Act. The Contractor must provide
the State with proof of such insurance.
DUTIES AND OBLIGATIONS OF THE STATE. For and in consideration of the Contractor's
satisfactory performance under this Contract, the State shall cause to be paid to the Contractor an amount
not to exceed S32.004. Thirty Two Thousand Four DOLLARS, as follows:
1. For equipment purchased under this Contract, the Contractor shall receive an 50% of the total
cost, an amount not to exceed S32.004. The Contractor shall provide matching funds in the
amount of $32.004. Any costs in excess of $32.004 (State Share) shall be the responsibility of the
Contractor.
Page 3 of 10 Pages
2. For training or education programs purchased under this Contract, the Contractor shall receive
N/A% of the total cost, an amount not to exceed SNIA. The Contractor shall provide matching
funds in the amount of $N/A. Any costs in excess of SN/A (State Share) shall be the responsibility
of the Contractor.
3. For all other types of projects to be performed under this Contract, the Contractor shall receive an
amount not to exceed SN/A (State Share). The Contractor shall provide matching funds in the
amount of SN/A . Any costs in excess of the State's share of the project(s) shall be the
responsibility of the Contractor.
4. Of the total financial obligation of the State to the Contractor under this Contract $.00 dollars are
identified as attributable to a funding source of the federal government and, 32,004 dollars are
identified as attributable to a funding source of the state government.
5. Payments under this Contract shall be made upon the receipt of a signed request for reimbrusement
from the Contractor along with a copy of a paid invoice, submitted in duplicate. The State shall
issue a warrant made payable to the Contractor. Payment shall be contingent upon the affirmation
by the State of the Contractor's full and satisfactory compliance with the terms and conditions of
this Contract.
6. The State may prospectively increase or decrease the amount payable under this Contract through a
"Change Order Letter", a sample of which is incorporated herein by this reference, made a part
hereof, and attached hereto as "Attachment B". To be effective, the Change Order Letter must
be: signed by the State and the Contractor; and, approved by the State Controller or an authorized
designee thereof. Additionally, the Change Order Letter shall include the following information:
A. Identification of this Contract by its contract number and affected paragraph number(s);
B. The type(s) of service(s) or program(s) increased or decreased and the new level of each
service or program;
C. The amount of the increase or decrease in the level of funding for each service or program
and the new total financial obligation;
D. The intended effective date of the funding change; and,
E. A provision stating that the Change Order Letter shall not be valid until approved y the
State Controller or such assistant as he may designate.
Upon proper execution and approval, the Change Order Letter shall become an amendment to this
Contract. Except for the General and Special Provisions of this Contract, the Change Order Letter
shall supersede this Contract in the event of a conflict between the two. It is expressly understood
and agreed to by the parties that the change order letter process may be used only for increased or
decreased levels of funding, corresponding adjustments to service or program levels, and any
related budget line items. Any other changes to this Contract, other than those authorized by the
contract renewal letter process described below, shall be made by a formal amendment to this
Contract executed in accordance with the Fiscal Rules of the State of Colorado.
If the Contractor agrees to and accepts the proposed change, then the Contractor shall execute and
return the Change Order Letter to the State by the date indicated in the Change Order Letter. If the
Contractor does not agree to and accept the proposed change, or fails to timely return the partially
executed Change Order Letter by the date indicated in the Change Order Letter, then the State
may, upon written notice to the Contractor, terminate this Contract twenty (20) calendar days after
the return date indicated in the Change Order Letter has passed. Such written notice shall specify
the effective date of termination of this Contract. In the event of termination under this clause, the
parties shall not be relieved of their respective duties and obligations under this Contract until the
effective date of termination has occurred.
Page 4 of 10 Pages
Increases or decreases in the level of contractual funding made through this change order letter
process during the initial or renewal terms of this Contract may be made under the following
circumstances:
A. If necessary to fully utilize appropriations of the State of Colorado and/or non -
appropriated federal grant awards;
B. Adjustments to reflect current year expenditures;
C. Supplemental appropriations, or non -appropriated federal funding changes resulting in an
increase or decrease in the amounts originally budgeted and available for the purposes of
this Contract;
D. Closure of programs and/or termination of related contracts;
E. Delay or difficulty in implementing new programs or services; and,
F. Other special circumstances as deemed appropriate by the State.
Page 5 of 10 Pages
GENERAL PROVISIONS
The parties warrant that each possesses actual, legal authority to enter into this Contract. The parties further warrant that each has taken all actions required by its
applicable law, procedures, rules, or by-laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Contract and bind that
party to its teens. The person or persons signing this Contract, or any attachments or amendments hereto, also warrant(s) that such person(s) possesses actual, lega
authority to execute this Contract, and any attachments or amendments hereto, on behalf of that party.
2. THE CONTRACTOR SHALL PERFORM IT$ DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEF
OF THE STATE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE. OR SHALL BE
DEEMED TO BE. AN AGENT OR EMPLOYEE OF THE STATE. THE CONTRACTOR SHALL PAY WHEN DUE ALL REOUIRED
EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX DN ANY MONIES PAID PURSUANT TO THIS CONTRACT. THE
CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT
INSURANCE BENEFITS UNLESS THE CONTRACTOR OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES
NOT PAY FOR OR OTHERWISE PROVIDE SUCH CQVERAGE. THE CONTRACTOR SHALL HAVE NO AUTHORIZATION. EXPRESS OR
IMPLIED. TO BIND THE STATE TOANY AGREEMENTS. LIABILITY. OR UNDERSTANDINGEXCEPTAS EXPRESSLY SET FORTH
HEREIN. THE CONTRACTOR SHALL PROVDDT, AND KEEP 'ENFORCE WORKERS' COMPENSATION (AND SHOW PROOF OF SUCH
INSURANCE) AND UNEMPLOYMENTCOMPENSATION INSURANCEIN AMOUNTS REOUIRED BY LAW, AND SHALL BE SOLELY
RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR. ITS EMPLOYEES AND AGENTS.
3. If this Contract is in the nature of personal/purchased services, then the State reserves the right to inspect services provided under this Contract at all reasonable
times and places during the term of this Contract. "Services", as used in this clause, includes services performed or written work performed in the performance of
services. If any of the services do not conform with the terms of this Contract, then the State may require the Contractor to perform the services again in conformi
with the terms of this Contract, with no additional compensation to the Contractor for the reperformed services. When defects in the quality or quantity of the
services cannot be corrected by reperformance, then the State may: require the Contractor to take all necessary action(s) to ensure that the future performance
conforms to the terms of the Contract; and, equitably reduce the payments due to the Contractor under this Contract -to reflect the reduced value of the services
performed by the Contractor. These remedies in no way limit the other remedies available to the State as set forth in this Contract.
4. 1f, through any cause attributable to the Contractor's action(s) or inaction(s), the Contractor: fails to fulfill, in a timely and proper manner, its duties and obligation
under this Contract; or, violates any of the agreements, covenants, provisions, stipulations, or terns of this Contract, then the State shall thereupon have the right t
terminate this Contract for cause by giving written notice thereof to the Contractor. Such written notice shall be given at least ten (10) calendar days before the
proposed termination date and shall afford the Contractor the opportunity to cure the default or state why termination is otherwise inappropriate. If this Contract i
terminated for default, then all finished or unfinished data, documents, drawings, evaluations, hardware, maps, models, negatives, photographs, reports, software,
studies, surveys, or any other material, medium or information, however constituted, which has been or is to be produced or prepared by the Contractor under this
Contract shall, at the option of the State, become the property of the State. The Contractor shall be entitled to receive just and equitable compensation for any
services or supplies delivered to, and accepted by, the State. If applicable, the Contractor shall return any unearned advance payment it received under this Contra
to the State. Notwithstanding the above, the Contractor is not relieved of liability to the State for any damages sustained by the State because of the Contractor's
breach of this Contract. The State may withhold any payment due to the Contractor under this Contract to mitigate the State's damages until such time as the exac
amount of the State's damages from the Contractor's breach of this Contract is determined. If, after terminating this Contract for default, it is determined for any
reason that the Contractor was not in default, or that the Contractor's action or inaction was excusable, then such termination shall be treated as a termination for
convenience, and the rights and obligations of the parties shall be the same as if this Contract had been terminated for convenience, as described herein.
5. The State may, when the interests of the State so require, terminate this Contract in whole or in part, for the convenience of the State. The State shall give written
notice of such termination to the other party specifying the part(s) of the Contract terminated. Such written notice shall be given to the other party at least thirty
(30) calendar days before the effective date of termination. If this Contract is terminated for convenience, then all finished or unfinished data, documents,
drawings, evaluations, hardware, maps, models, negatives, photographs, reports, software, studies, surveys, or any other material, medium or information, howeve
constituted, which has been or is to be produced or prepared by the Contractor under this Contract shall, at the option of the State, become the property of the Stat
The Contractor shall be entitled to receive just and equitable compensation for any services or supplies delivered to, and accepted by, the State. If applicable, the
Contractor shall retum any unearned advance payment it received under this Contract to the State. This paragraph in no way implies that a party has breached this
Contract by the exercise of this paragraph. If this Contract is terminated by the State as provided for herein, then the Contractor shall be paid an amount equal to
the percentage of services actually performed for, or goods actually delivered to, the State, less any payments already made by the State to the Contractor for those
services or goods.
However, if less than sixty percent (60%) of the services or goods covered by this Contract have been performed or delivered as of the effective date of terminatio
then the Contractor shall also be reimbursed (in addition to the above payment) for that portion of those actual "out-of-pocket" expenses (not otherwise reimburse
under this Contract) incurred by the Contractor during the tern of this Contract which are directly attributable to the uncompleted portion of the services, or the
undelivered portion of the goods, covered by this Contract. In no event shall reimbursement under this clause exceed the total financial obligation of the State to t
Contractor under this Contract. If this Contract is terminated for default because of the Contractor's breach of this Contract, then the provisions of paragraph 4
above shall apply.
6. The Contractor shall comply with the requirements of the following:
A. Office of Management and Budget Circulars A-87, A-21, or A-122, and A-102 or A -I 10, as applicable;
B. the "Hatch Act" (5 U.S.C. 1501-1508) and Public Law 95-454, Section 4728. These federal statutes declare that federal funds cannot be used for
partisan political purposes of any kind by any person or organization involved in the administration of federally -assisted programs;
C. the "Davis -Bacon Act" (40 Stat. 1494, Mar. 3, 1921, Chap. 411, 40 U.S.C. 276A-276A-5). This Act requires that all laborers and mechanics employed
by contractors or sub -contractors to work on construction projects financed by federal assistance must be paid wages not less than those established for
the locality of the project by the Secretary of Labor;
D. 42 U.S.C. 6101 et seq, 42 U.S.C. 2000d, 29 U.S.C. 794. These Acts mandate that no person shall, on the grounds of race, color, national origin, age, or
handicap, be excluded from participation in or be subjected to discrimination in any program or activity funded, in whole or in part, by federal funds;
Page 6 of 10 Pages
E. the "Americans with Disabilities Act" (Public Law 101-336; 42 U.S.C. 12101, 12102, 12111 - 12117, 12131 - 12134, 12141 - 12150, 12161 - 12165,
12181 - 12189, 12201 - 12213 and 47 U.S.C. 225 and 47 U.S.C. 611);
F. if the Contractor is acquiring an interest in real property and displacing households or businesses in the performance of this Contract, then the Contract
is in compliance with the "Uniform Relocation Assistance and Real Property Acquisition Policies Act", as amended (Public Law 91-646, as amended
and Public Law 100-17, 101 Stat. 246 - 256); and,
G. when applicable, the Contractor is in compliance with the provisions of the "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments" (Common Rule). H. Section 2101 of the Federal Acquisition Streamlining Act of 1994, Public Law 103-355, which prohibits the use of federal money to lobby the
legislative body of a political subdivision of the State.
7. By signing and submitting this Contract, the Contractor affirmatively avers that:
A. the Contractor is in compliance with the requirements of the "Drug -Free Workplace Act" (Public Law 100-690 Title V, Subtitle D, 41 U.S.C. 701 et
seq.; and,
B. the Contractor hereby certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by any federal department or agency. The Contractor agrees to comply with all applicable regulations pursuant to Executive Orde
12549, including, Debarment and Suspension and Participants' Responsibilities, 29 C.F.R. 98.510 (1990).
C. the Contractor shall comply with all applicable regulations pursuant to Section 319 of Public Law 101-121, Guidance for New Restrictions on Lobbyin
including, Certification and Disclosure, 29 C.F.R. 93.110 (1990).
8. If this Contract involves the expenditure of federal or state funds, then this Contract is subject to, and contingent upon, the continued availability of those funds f
payment pursuant to the terms of this Contract. If those funds, or any part thereof, become unavailable as determined by the State, then the State may immediately
terminate this Contract.
9. To be considered for payment, billings for payments pursuant to this Contract must be received within a reasonable time after the period for which payment is
requested; but in no event no later than ninety (90) calendar days after the relevant performance period has passed. Final billings under this Contract must be
received by the State within a reasonable time after the expiration or termination of this Contract; but in no event no later than ninety (90) calendar days from the
effective expiration or termination date of this Contract.
10. Unless otherwise provided for in this Contract, "Local Match" shall be included on all billing statements, in the column provided therefor, as required by the
funding source.
11. The Contractor shall not use federal funds to satisfy federal cost sharing and matching requirements unless approved in writing by the appropriate federal agency.
12. In accordance with Office of Management and Budget (OMB) Circular A-133 (Audits of States, Local Governments, and Non -Profit Organizations), if the
Contractor receives federal funds from any source, including State pass through money, in an aggregate amount in excess of $300,000.00 (June 24, 1997), in a
State fiscal year (July 1 through June 30), then the Contractor shall have an annual audit performed by an independent certified public accountant which meets the
requirements of OMB Circular A-133.
If the Contractor is required to submit an annual indirect cost proposal to the State for review and approval, then the Contractor's auditor shall audit the proposal i
accordance with the requirements of OMB Circulars A-21 (Cost Principles for Educational Institutions), A-87 (Cost Principles for State, Local and Tribal
Governments), or A-122 (Cost Principles for Non -Profit Organizations), whichever is applicable. The Contractor shall famish one (I) copy of the audit report(s) t
the State's Accounting Office within thirty (30) calendar days of issuance; but in no event later than nine (9) months after the end of the Contractor's fiscal year. 1
(an) instance(s) of noncompliance with federal laws and regulations occurs, then the Contractor shall take all appropriate corrective action(s) within six (6) months
of the issuance of (a) report(s). The Contractor shall grant the State, or its authorized agents, access to the Contractor's relevant records and financial statements.
The Contractor shall retain all such records and financial statements for a period of three (3) years after the date of issuance of a final audit report. This
requirement is in addition to any other audit requirements contained in other paragraphs of this Contract.
13. Unless otherwise provided for in this Contract, for all contracts with terns longer than three (3) months, the Contractor shall submit a written progress report, if
required by this Contract, specifying the progress made for each activity identified in this Contract. These progress reports shall be in accordance with the
procedures developed and prescribed by the State. The preparation of progress reports in a timely manner is the responsibility of the Contractor. If the Contractor
fails to comply with this provision, then such failure: may result in a delay of payment of funds; or, termination of this Contract. Progress reports shall be submitt
to the State no later than the end of each calendar quarter, or at such other time as may otherwise be specified.
14. The Contractor shall maintain a complete file of all records, documents, communications, and other materials which pertain to this Contract. Such materials shall
be sufficient to properly reflect all direct and indirect costs of labor, materials, equipment, supplies, and services, and other costs of whatever nature for which a
contract payment was made. These records shall be maintained according to generally accepted accounting principles and shall be easily separable from other
records of the Contractor. Copies of all such records, documents, communications, and other materials shall be the property of the State and shall be maintained b
the Contractor, in a central location as custodian for the State, on behalf of the State, for a period of three (3) years from the date of final payment under this
Contract, or for such further period as may be necessary to resolve any pending matters, including, but not limited to, audits performed by the federal government.
15. The Contractor authorizes the State, or its authorized agents or designees, to perform audits or make inspections of its records for the purpose of evaluating its
performance under this Contract at any reasonable time during the term of this Contract and for a period of three (3) years following the termination of this
Contract. As such, the Contractor shall permit the State, any appropriate federal agency or agencies, or any other duly authorized governmental agent or agency, t
monitor all activities conducted by the Contractor pursuant to the tens of this Contract. Such monitoring may include, but is not limited to: internal evaluation
procedures, examination of program data, special analyses, on -site checks, formal audit examinations, or any other reasonable procedures. All monitoring shall be
performed by the State in such a manner that it shall not unduly interfere with the work of the Contractor.
16. If the Contractor obtains access to any records, files, or information of the State in connection with, or during the performance of, this Contract, then the Contracto
shall keep all such records, files, or information confidential and shall comply with all laws and regulations conceming the confidentiality of all such records, files
or information to the same extent as such laws and regulations apply to the State. Any breach of confidentiality by the Contractor or third party agents of the
Page 7 of 10 Pages
Contractor shall constitute good cause for the State to cancel this Contract, without liability to the State. Any State waiver of an alleged breach of confidentiality
the Contractor, or third .party agents of the Contractor, does not constitute a waiver of any subsequent breach by the Contractor, or third party agents of the
Contractor.
17. Unless otherwise agreed to in this Contract, or in a written amendment executed and approved pursuant to Fiscal Rules of the State of Colorado, the parties agree
that all material, information, data, computer software, documentation, studies, and evaluations produced in the performance of this Contract for which the State
has made a payment under this Contract are the sole property of the State.
18. If any copyrightable material is produced under this Contract, then the State, and any applicable federal funding entity, shall have a paid in full, irrevocable, royalt
free, and non-exclusive license to reproduce, publish, or otherwise use, and authorize others to use, the copyrightable material for any purpose authorized by the
Copyright Law of the United States as now or hereinafter enacted. Upon the written request of the Contractor shall provide the State with three (3) copies of all
such copyrightable material.
19. If required by the terms and conditions of a federal or state grant, the Contractor shall obtain the prior approval of the State and all necessary third parties prior to
publishing any materials produced under this Contract. If required by the terms and conditions of a federal or state grant, the Contractor shall also credit the State
and all necessary third parties with assisting in the publication of any materials produced under this Contract.
20. Neither the Contractor nor the State shall be liable to the other for any delay in, or failure of performance of, any covenant or promise contained in this Contract; n
shall any delay or failure constitute default or give rise to any liability for damages if, and only to the extent that, such delay or failure is caused by a supervening
cause. As used in this Contract, "supervening cause" is defined to mean: an act of God, fire, explosion, action of the elements, strike, interruption oftransportatio
rationing, court action, illegality, unusually severe weather, war, or any other cause which is beyond the control of the affected party and which, by the exercise of
reasonable diligence, could not have been prevented by the affected party.
21. It is expressly understood and agreed to between the parties that the enforcement of the teens and conditions of this Contract, and all rights of action related to suc
enforcement, shall be strictly reserved to the State and the named Contractor. Nothing contained in this Contract shall give or allow any claim or right of action
whatsoever to or by any third person. Nothing contained in this Contract shall be construed as a waiver of any provision of the Colorado Govemmental Immunity
Act, section 24-10-101 et sea.. C.R.S., as amended. It is the express intent of the State and the named Contractor that any person or entity, otherthan the State or
the named Contractor, receiving services or benefits under this Contract shall be deemed an incidental beneficiary only.
22. To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of this Contract, the term
of this Contract are severable. If any term or provision of this Contract is declared invalid by a court of competent jurisdiction, or becomes inoperative for any oth
reason, then such invalidity or failure shall not affect the validity of any other teen or provision of this Contract.
23. The waiver of a breach of a term or provision of this Contract shall not be construed as a waiver of a breach of any other term or provision of this Contract or, as a
waiver of a breach of the same tern or provision upon subsequent breach.
24. If this Contract is in the nature of personal/purchased services, then, except for accounts receivable, the rights, duties, and obligations of the Contractor cannot be
assigned, delegated, or otherwise transferred, except with the prior, express, written consent of the State.
25. Except as otherwise provided for herein, this Contract shall inure to the benefit of, and be binding upon, the parties hereto and their respective successors and
assigns.
26. Unless otherwise provided for in this Contract, the Contractor shall notify the State, within five (5) working days after being served with a summons, complaint, o
other pleading in a case which involves any services provided under this Contract and which has been filed in any federal or state court or administrative agency.
The Contractor shall immediately deliver copies of any such documents to the State.
27. This Contract is subject to such modifications as may be required by changes in applicable federal or state law, or federal or state implementing rules, regulations,
or procedures of that federal or state law. Any such required modification shall be automatically incorporated into, and be made a part of, this Contract as of the
effective date of such change as if that change was fully set forth herein. Except as provided above, no modification of this Contract shall be effective unless such
modification is agreed to in writing by both parties in an amendment to this Contract that has been previously executed and approved in accordance with applicabl
law.
28. Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this Contract, and the exhibits and attachments
hereto, which may require continued performance or compliance beyond the termination date of this Contract shall survive such termination date and shall be
enforceable as provided herein in the event of a failure to perform or comply by a party to this Contract.
29. Notwithstanding any other provision of this Contract to the contrary, no term or condition of this Contract shall be construed or interpreted as a waiver, express or
implied, of any of the immunities, rights, benefits, protections, or other provisions of the Colorado Govemmental Immunity Act (CGIA), section 24-10-101, et ala
C.R.S., as now or hereafter amended, The parties understand and agree that liability for claims for injuries to persons or property arising out of the alleged
negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of section
24-10-101 et seo. C.R.S., as now or hereafter amended.
30. The captions and headings used in this Contract are for identification only, and shall be disregarded in any construction of the terms, provisions, and conditions of
this Contract.
31. The parties hereto agree that venue for any action related to this Contract shall be in the City and County of Denver, Colorado.
32. All attachments to this Contract are incorporated herein by this reference and made a part hereof as if fully set forth herein. In the event of any conflict or
inconsistency between the terms of this Contract and those of any attachment to this Contract, the terms and conditions of this Contract shall control.
33. This Contract is 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 whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto sha
have any force or effect unless embodied in a written contract executed and approved pursuant to the Fiscal Rules of the State of Colorado.
CONTROLLER'S APPROVAL.
SPECIAL PROVISIONS.
Page 8 of 10 Pages
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.
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 fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bri
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 execut
deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half
total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract a
addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor or other supplies used or
consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipmen
the prosecution of the work 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 is executed, delivered and filed, no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashiers check
bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106.
INDEMNIFICATION.
4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, flab
and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcontractors, or assignees
pursuant to the terms of this contract. -
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 discrimina
and unfair employment practices (CRS 24-34-402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the
following provisions shall be contained in all State contracts and subcontracts.
During the performance of this contract, the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, anc
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, with
regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, recruitment or recrui
advertising; layoffs or terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicu
places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause.
(b) 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 conside
for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, noti
be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment under the Executive Order, Equal Opportunity and
Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Govemor.
(d) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 197
and by the rules, regulations and Orders of the Govemor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the office
the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders.
(e) 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.
(f) 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 discriminator
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 defi
in this contract to be discriminatory.
(g) 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
canceled, 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 Exec
Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as m
imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, or by rules, regulations, or orders
promulgated in accordance therewith, or as otherwise provided by law.
(h) The contractor will include the provisions of paragraphs (a) through (h) in every subcontract and subcontractor purchase order unless exempted by rules, regulations,
orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, so that such provisions will be binding upon each subcontractor 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 vend
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.
Page 9 of 10 Pages
'6a. Provisions of CRS 8-17-101 & 102 for Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in wh
or in part by State funds.
b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non-resident bidder from a stat
foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident. If it is determined by the officer responsib
awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with require
of Federal law, this subsection shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements.
8-19-101 and 102)
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.
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 wi
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 oth
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
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. At all times during the performance of this contract, the contractor shall strictly adhere to all applicable federal and state laws, rules and regulations that have been or
hereafter be established.
9. Pursuant to CRS 24-30-202.4 (as amended), the state controller may withhold debts owed to state agencies under the vendor offset intercept system for: (a) unpaid ch
support debt or child support artearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 22, Title 39, CRS; (c) unpaid loans due to the student to
division of the department of higher education; (d) owed amounts required to be paid to the unemployment compensation fund; and (e) other unpaid debts owing to the state or a
agency thereof, the amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the controller.
10. The signatories aver that they are familiar with CRS 18-8-301, et. seq., (Bribery and Corrupt Influences), and CRS 18-8-401, et. seq., (Abuse of Public Office), and th
no violation of such provisions is present.
11.
By:
Position (Title
atories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein.
OF, the parties hereto have executed this Contract as of the date and year first above written.
STATE:
STATE! OLORADO
Bill Owens,
84-6000794 v
Social Security Number or Federal I.D. Number
If Corpor ; 1 n, Town/City/County, or E
Attest ';Affix 'eat)
tary, or Equiva
ATTO Y GENERAL
By: .t..j4 S&L hid ,kit
en Salazar
uivalent:
n/City/County Clerk
By:
DEPARTMENT OF
PUBLIC HEALTH AND E
"WA —
Program Approval
APPROVALS:
CONTROLLER
ONMENT
APPROVED BY BOCC
ON
By:
Arthur ernhar
Page 10 of 10 Pages
APPROVED BY BOCC
ON C)$ - p_5 -%`I
i% Attachment A
pity v
ille o'
s Cit.
ilioati
ns of
:that)
;aid
:eive
Lion.
9.04;cA A 7ia8'%n
LEGAL NAME OF AGENCY
Pitkin County Sheriff's Office
/ FEDERAL TAX ID
(rca<I8n4-6000794etullyoethis item)
CONTACT PERSON
Deputy Ellen W. Anderson
PHONE (DAY)
(970) 920-5300
e-mail:
PHONE (NIGHT)
(970) 923-5064
ea78@co.pitkin.co.us
AGENCY MAILING ADDRESS
Pitkin County Sheriff's Office
STREET
506 East Main Street
CITY
Aspen
ZIP
Colorado
81611
LEGAL STATUS OF AGENCY/ORGANIZATION (Mark all that apply):
_ PRIVATE NOT FOR PROFIT
STATE AGENCY
PROJECT AREA (Mark all that apply):
- Communications
g Medical/Rescue Equipment
- Manual _ RAntomated Defibrillator
_ Public Education
- Other
PRIVATE FOR PROFIT _LCOUNTY/CITY GOVERNMENT
SPECIAL DISTRICT OTHER
Emergency Vehicle
Ambulance _ Quick Response
Rescue
X County Wide Grant _ Regional Grant
Training
_ Continuing Education
_ Training Equipment
Extrication
- PIER/Injury Prevention Programs
State-wide Grant _ Individual Agency Grant
y` SO% CASH MATCH REQUIREMENT MET _ WAIVER HAS BEEN REQUESTED
Results from AVMF gran available by 03/31/99 •
I, the undersigned, do hereby attest that the information contained within this application is true to the best of my knowledge. I
also attest that the County Commissioners from the areas impacted by this project will be provided a copy of this application by
no later than 02/ 16/ 99 I understand that my application will be disqualified should either of these statements be untrue.
Robert C. Braudis Sheriff
SIGNATURE •
1
11`1 LP
D TE
JUSTIFY WHY IS THIS PROJECT NEEDED
1. What do you need?
Pitkin County Sheriff's Office needs 21 automated external defibrillators (AEDs).-- one for each of 19
patrol cars, one for the patrol room (with access for Aspen Police officers), and one for the county jail.
The key to survival of sudden cardiac arrest (SCA) is prompt de -fibrillation. Every time an ambulance is
paged in Aspen and Pitkin County, an officer is also paged, and officers arrive on scene before the
ambulance 85% of the time, according to Communications. Therefore, we can reduce our "call -to -
shock" time if officers begin this protocol before the ambulance arrives. As a result, lives will be saved.
In this grant, we are requesting one-half ($32,004) of the cost of 21 AEDs (LifePak 500). We have
requested the 50% cash match from the Aspen Valley Medical Foundation, and we will know their
decision no later than March 31, 1999. All other costs associated with purchase and training will be
absorbed by PCSO or donated. Aspen and Basalt Fire Departments currently use LifePak 500s (all
equipment will be interchangeable) and offer State -approved training. Both agencies have invited our
officers to attend their training at no cost to us.
2) What and whom do you serve and why do they need your project?
Pitkin County is 1,000 square miles. Estimated full-time population (according to Pitkin County
Administration) is 14,500. That number can increase to over 25,000 in the Aspen area alone (according
to Aspen Sanitation District) on a big tourist day (winter or summer). Aspen's 8,000-foot elevation can
exacerbate heart conditions. Transport distances and times can vary widely due to the urban nature of
Aspen itself (only about 3-4 minutes from hospital) and remoteness of other areas of the county
(transport from Redstone or Thomasville to hospital can exceed 45 minutes). Bad weather can increase
transport times.
According to Aspen Ambulance personnel, their district responded to an average of 17 SCA victims
each year for 1996, 1997, and 1998. Basalt responded to 6 SCAs in 1996, 5 in 1997, and 11 in 1998.
3) What area do you serve?
See 2) above. Aspen Ski Patrol provides EMS in the ski areas themselves (3 documented SCA saves
with AEDs since Thanksgiving 1998). Pitkin County officers respond to every mountain ALS call.
Pitkin County also works with Mountain Rescue for back -country rescues.
4) Data to support statement. See above.
County Plan Reference
reas Needing Improvement states "5. The size and rural nature of our area,
especially in e : asalt Fire District [half of which is in Pitkin County], coupled with the limited
ambulance and staffing resources available, impairs our ability to deliver early defibrillation through the
regular ambulance services." Goal 5 states "Increase the availability of early defibrillation throughout
our area. Objective A: Place as many AED units as possible in initial response and law enforcement
vehicles."
2
DESCRIPTION OF THE PROJECT AND HOW YOUR PROJECT UPGRADES EMS
As mentioned on the previous page, in the Emergency Medical Services in Pitkin County 1998 Annual
Report and 1999 Plan an area needing improvement is "The size and rural nature of our area...coupled
with the limited ambulance and staffing resources available, impairs our ability to deliver early
defibrillation through the regular ambulance services". Goal 5 states "Increase the availability of early
defibrillation throughout our area". Objective A states "Place as many AED units as possible in initial
response and law enforcement vehicles".
This grant proposal, then, directly addresses the problem stated in the Pitkin County EMS annual report
and proposes to solve that problem exactly as suggested in the report. In short, it will upgrade EMS by
shortening "call -to -shock" time for SCA victims, thereby saving lives.
We are asking for funds to equip each of 19 Pitkin County deputies' cars with an AED. Four deputies
are currently AED certified. All deputies have been EMT-B certified, and all deputies are current on
CPR certification (making all eligible for AED training). In addition, we are asking for funds to equip
the patrol room (offices shared by deputies and Aspen Police officers in downtown Aspen) with an AED,
thus providing quick access to an AED for all city officers as well. We are also seeking to equip the
county jail (next to the courthouse) with an AED. The total number of AEDs we are seeking is 21.
Our goal in this grant application is, in the interests of providing the best emergency medical services
possible to every resident and guest in Pitkin County, to improve our response to SCA victims. Our first
objective is to purchase, in 1999, 21 AEDs, to be distributed in the manner described above. Our second
objective is to have every sworn officer certified in AED use by July 15, 1999. As described above, four
officers are already AED-certified and the others are CPR -certified and thereby eligible for AED
certification. The make and model of AED we chose -- the LifePak 500 -- is the same as used by Aspen
and Basalt Fire Departments. We have checked with Rich Walker, Aspen Ambulance, who is
enthusiastic about deputies' having LifePak 500s because they are totally compatible with the LifePak 11
and LifePak 12 carried by Aspen Ambulance. The Emergency and Crash Rooms at Aspen Valley
Hospital also use LifePak 11 and LifePak 12. By using compatible equipment we can share training
(Aspen and Basalt Fire have training classes in place and have invited us to participate at no cost to us),
but more importantly all of our equipment will be completely interchangeable. When an ambulance
arrives to a SCA victim who is being treated by a deputy or fireman, the ambulance paramedics can
merely unplug our units and immediately plug in theirs. No conversion will be necessary, which will
save precious seconds.
Our timetable is as follows:
February 1, 1999. Deadline for Aspen Valley Medical Foundation grant proposal. Completed.
February 15, 1999. Deadline for Sate EMS grant proposal.
March 31, 1999. Notification of AVMF decision.
April 16, 1999. Defense of State EMS grant proposal in Glenwood Springs.
July 1, 1999. Notification of State EMS decision.
July 15, 1999. Delivery of AEDs, number determined by dollar amount granted.
July 15, 1999. All officers certified for AED operation by this date.
3
Of course, it is impossible to predict exactly how many sudden cardiac arrests will occur in Pitkin
County in 1999 and beyond. Using the formula in the Application for Physician Advisors. (copy in
Appendix), we calculate expected annual survival rate to be 4.5 people in Pitkin County. Using historic
data from the past three years our expected annual survival rate is 13 for the three-year period, or an
annual survival rate of 4.3 people.
Our budget is very simple. We need 21 AEDs and accessories and we need to train all officers to use
the AEDs. We are asking EMS to supply one-half of the cost of the equipment. We are not asking for
the cost of the training.
We have negotiated a 13% discounted price for 21 LifePak AEDs from the manufacturer, Physio-control.
Total for 21 units with 5-year lithium batteries and accessories is $64,008.00. See appendix for quote
from manufacturer. We are seeking half of that amount ($32,004.00) from this grant. Pitkin County
Undersheriff (who is the person responsible for our annual budgets) has committed to budgeting needed
AED expenses in future years. For example, depending on use, we will need to purchase new lithium
batteries in the future. We will commit to that. As mentioned elsewhere, training will be provided at no
cost to us by Aspen and Basalt Fire Departments. We already have a physician advisor on board for the
department (Dr. Chris Martinez). As outlined in the budget section of this grant, all administrative costs
will be absorbed as in -kind by Pitkin County.
To summarize this project: Pitkin County EMS Council has identified the need for more AEDs,
specifically AEDs to be carried by law enforcement. This grant proposes the answer to that need in a
cost-effective manner.
3a
How will the project provide for a Tong -term solution to the current problem?
We expect the LifePak 500 AEDs to be serviceable for 7-10 years. Lithium batteries that come with
them have a shelf -life of five years. The batteries may need to be replaced before five years, depending
on use. Pitkin County has committed to providing budget monies for replacement batteries, should they
be needed. Pitkin County has also committed to absorbing administrative costs as in -kind. See budget
page.
If this project is funded, how will the project be sustained in subsequent years?
See answer to question above.
List any options you have researched to meet the need, and provide dollar amounts of other
options you have explored. -
There are three manufacturers of AEDs -- SurVivaLink Corporation, Physio-Control (maker of LifePak
10, 11, 12, 300, and 500), and Laerdal (merged with Heartstream and Hewlett-Packard). We considered
only two -- Physio-Control and Laerdal because the equipment used by other local agencies (Ski Patrol,
ambulances and fire departments) are made by those two manufacturers. The prices of the AEDs made
by Laerdal and Physio-Control are competitive, approximately $3,000 per unit. Laerdal uses a bi-phasic
technology, Physio-Control now uses mono -phasic technology. We gathered literature from medical
journals on both technologies and asked a cardiologist and trauma surgeon to evaluate the comparative
effectiveness. Both doctors agreed that even though preliminary studies may indicate a very small
advantage in bi-phasic technology, the over-riding consideration is compatibility of equipment in the
field. If ambulance crew has to waste precious seconds in the field converting electrodes or re -applying
electrodes, survivability could go down. Therefore, because the LifePak units are now being used by fire
and ambulance crews, we decided to stay with the LifePak 500. However, interestingly enough, Physio-
Control has stated they will be offering a bi-phasic LifePak in May. If that, in fact, is the case, then we
will have the option of totally compatible bi-phasic technology and may, on the advice of the doctors, go
with that. However, as of the writing of this grant proposal, only the mono -phasic LifePak is available
and its advantages outweigh any disadvantages.
Explain why this is the most cost-effective way of meeting the need.
As explained above, we negotiated a 13% discount with the manufacturer of the equipment we have
decided to purchase.
4
de
nt
EQUIPMENT LIST (Listing brands will not preclude applicant from having to obtain bids for the generic equipment types)
(see instruction on opposite page)
Priority
Quantity
Description
Cost
1
21
LifePak 500 AED with recorder
**
$ 64,008.
2
21
Lithium battery pack
No charge
3
21
Carrying case
No charge
4
1
Ottik-View 500 data review program
No rhargP
No charge
No charge
5
1
LifePak 500 AED-to-PC cable
6
1
AED Challenge: Interactive Computer
Training loos
•
•
Other
$ 64,008.
**
TOTAL$ 64,008.00
Discount
$ 2,667.
4,179.
2,205.
795.
45.
140.
Total
Discount
$10,031'
We negotiated a unit price of $3,048 for each LifePak 500 ($127 discount on each).
List price is $3,175. In addition, items listed as priorities 2,3,4,5, and 6
will be included at no charge. This translates to a 13.5% discount
:d to
tut Li
TRAINING LIST
Pill in this form if this application is requesting tnining.
TITLE OF TRAINING COURSE:
TYPE OF TRAINING:
Nas your agency been approved by the EMSP Division to conduct this program?
Yes No
If No, name the agency/training officer/coordinator who will conduct the training:
COST OF PROJECT:
How much of the total CASH cost of training project will be pal t y:
The EMS GRANT
The Agency Cash
etch
The Student Cash Match
s.
S
5
.
for each training list the following informatii :
Training
Type
•
# of Persons
To be
Trained
Cou Cost
Per erson
Travel Cost
Per Person
Total Cost
Per type of
course
EMT Basic
EMT -I
EMT-P
First Resp.
•
Cont. Ed.
First Resp.
List an tnining equipment on Equipment List on page 5.
A D AILED BUDGET BREAKDOWN IF THIS 15 A MAJOR TRAINING PROJECT
6
you w
:d sysa
states,/
ss tow
esigm
COMMUNICATIONS
IF YOUR APPLICATION IS REQUESTING RADIO EQUIPMENT, THIS SECTION MUST BE CO ' LETED. LIST
FREQUENCY AND RADIO SERVICE OF THE SYSTEM BEING DEVELOPED, MODIFIED OR GRADED.
If frequencies are UHF MED channels, put "Med Channels". If repeater operation, list both frequ ties.
FREOUENCY RADIO SERVICE
If the communications system is shared with other public safety services, please indi which service (mark all that apply)
Police Fire Highway Maintenance_ Other
Major communications projects must provide a separate sheet • f paper, with a functional diagram of the proposed
system.
Major communications projects - IF A COMMUNICAT a NS PLAN HAS BEEN DEVELOPED, PROVIDE A COPY
OF THIS PLAN WITH THE APPLICATION (TIME N - SYSTEM MUST HAVE, AT A MINIMUM, A CONCEPTUAL PLAN
PROVIDED WITH THIS APPLICATION)
New or upgraded communications system must provitechnical engineering information.
1. Name and telephone number of individual providin _ ethnical specifications or responsible for answer questions regarding specifications.
Name F-Mail
2. If tedmical engineering has not been .. pitted, please provide the name, telephone and cost quoted for the individual or agency you will be
using.
Phone _F.-Mail
3. Will you need to bid .r development of technical specification for the system?
Yes
No_, Estimated Cost
ig on t
FILL IN THIS SECTION DNLY IF REQUESTING EXTRICATION EQUIPMENT
Location and type (RS-I0, Hurst, etc.) Of nearest extrication equipment (place, distance in miles, trave
Do you have a written_,or verbal_agreement to share extrication equipme t
If so, name of agency with whom you share:
Do any other agencies (Le., fire, police, rescue) plan to share in use of equipment bought with funding from this
grant? —Yes No
If Yes, please list names:
How many of your agency' runs required extrication equipment in the past year?_
Average tim extrication
DEFIBRILLATION INFORMATION SECTION
The following information should be available from your physician advisor.
Number of EMS runs in the past 2 years that were cardiac arrests
50
Number of EMS runs in the past 2 years that were witnessed arrests 45 CPR started while ambulance in
route = 2. CPR started before
Number of CPR starts that took place on your EMS runs in the past 2 years 2tK ambulance arrived = 47.
• AsDett=1-2 minutes Aspen=about 5 minutes
6-§+Dg tlR§ponseTimeBasalt= 10-12 minutes
BLSavgResponse Time Basalt=
Telephone CPR Yesj No_
Citizen CPR Program_ No X
Agencies requiredtohave m Advisor here ii /i
OR attach a letter from
*cal oversight for the usFFF of fibrillation must have the approval signature of their Physician
Mate c'i l 16 q
err Physic Advisor appro ing their request as page 8a of this application.
6,3& a hQ.er — . p . f ltCLJth � et fir-- •
8
c to
e of
lues
nati
ndi
the
ssv
A) EMS Fund Request
B) Local Government Share - Cash
(List source)
C) Other Cash
D) Total Cash Proj. Cost (A+B+C)
E) Dollar Estimate of In -kind match
PROJECT FUNDING
5 19_004 00
S 32,004.00
S -0-
g 64,008.00
** $ 5,465.00
F) Total Program Cost (D+E) g 69, 473.00
** Describe the in -kind match you can provide:
1) For administration
60 hours total @ $32.09/hr.
(includes fringe benefits) $ 1,925.00
2) Xeroxing
100 pages @ 10 cents/page 10.00.
3) Phone
10 calls to Denver @ $1.00 each 10.00
4) Mileage
100 miles @ 20 cents/mile 20.00
5) Medical training
NOTE: AED-specific training for
certification will be donated by
Aspen and Basalt Fire Depts.
Other medical training Includes
certification for 21 officers for
CPR, re -certification for 1 paramedic
and 3 EMT -Is, and basic EMT-B
training for new officers $ 3,500.00 Average per year
$ 5,465.00 Total in -kind estimate
td
its
,IS
ed
Jai
of
pl
***SEE NOTE BELOW***
Applicants Budget EMS PORTION - Cash flow Projection for next full Fiscal Year (this section is solely
for the EMS portion of the budget).
Anticipated
Revenue
-
Anticipated '
.Expenditures
Cash Balance at start of
your Fiscal Year
Budget approx.
$3,500.00
Operating Costs
Approx.
$3,500.00 See b
Donations
-0-
Salaries Salaries (see Appendix)
eaforesanr .ripe
Capitallmprovement.
are for a;
Madiral is -II
-0-
Special Dist Funding
Mil Levy
-0-
City/County Funding
$3,500.00
Loans (Explain)
-0-
Investment Income
-0-
Other (Explain)
Average yearly expenses .`or
Approx. $3,500
medical trai
Run Revenue
go charge to
virtima
supplies for patrol cars
Other:(Explain)
-0-
Total
$3,500 for
-2 1.:—
Total
$3,500.00
Anticipated Cash Balance at the end of the FY
-0-
Explain the purpose of the cash balance (Le. reserve, building fund, etc.) Not applicable
Explain any anticipated capital improvement expenditures: Not applicable
elow
1 law
eluded in it.
00
ing and
Number of EMS runsperyearPitkin County deputies respond to approx. 530 medical calls per year.
Number of Transports peryear wp An not transport victims in patrol cars.
Fee Structure Information: R We are law enforcement and do not
Does your agency bill for services Yes_ No (if not, please explain): charge for services.
Rates:
Basic Life Support /ee
Advanced Life Support N/ 4 -
Charge per patient Mile n
Charge for Unloaded Mile N/A
If your charges are much lower than other EMS providers in your area - please explain if there are barriers to increasing
your rates: Not applicable.
***NOTE***
This budget form appears to be appropriate for an ambulance district. However, this
applicant is a Sheriff's Office. We provide basic life support services (and in some
cases advanced life support by our deputies who are EMT -Is, one deputy who is also
a paramedic, and one reserve deputy who is a physician). at no cost to the victim.
10
AEencv Portion of Budget - See instructions on opposite page
Anticipated
Revenue
-
Anticipated
Expenditures
Cash Balance at startof
yourfiscalyear **
$2.3 million
Operating Costs *
$0.9 million
Excluding sale
Donations ***
-0-
Salaries
$1.4 million
Special Dist Funding
Mil Levy _.
-0-
Capital Improvement
-0-
City/CountyFunding
$2.3 million
Loans (Explain)
-0-
Investment Income
-0-
Other (Explain)
-0-
Other:(Explain)
-0-
Total
$2.3 millior
Total
$2.3 million
ies
Anticipated Cash Balance at the end of the FY Our cash balance must be $0. If we come in under
budget, the excess money goes back to county general fund
Explain the purpose of the cash balance (i.e. reserve, building fund, etc) Not applicable.
Explain any anticipated capital improvement expenditures: Not applicable.
* Operating costs are for everything from patrol vehicles to paper clips.
**
***
We do not carry over money from one year to the next.. If we come in under
budget at year-end, we must give the surplus back to the "general fund" of
the county. Therefore, we start each year with zero carry-over, but we
are funded by the county for the year. For 1999, patrol division budget of the
Sheriff's Office (excluding jail, civil, animal safety, etc.)is $2.3million.
The only program for which we accept donations is a crime prevention program
called "Tipsy Taxi", which gives rides home for people who should not drive.
This program is, for the most part, funded by court -ordered fines imposed on
convicted drunk drivers. However, we do accept private donations, which in the
past few years have amounted to approximately $2,000 per. year. Tipsy Taxi
funds are deposited in an interest -bearing account which can be used only for
that program (much the same as, for example, library funding in another part of
the county budget).
EMS PROVIDER INFORMATION
All of the information in this section is mandatory for your application to be considered complete. Please list only the
personnel that are trained or certified. Persons currently in training should not be listed in this section. If the number of
persons currently in training is pertinent to your application, list them in the project description narrative.
Years in Operation Over 100
TYPE OF SERVICE:
X ALS (EMT-P & EMT -I) X BLS X Combination
FirelRescneservieeHowever, we have two deputies are currently certified fire—fighters
_TransportQR XNon-transport We do not transport patients in patrol cars.
_Other (Le., Air, etc) Law Enforcement
Name of physician advisor (if agency has one) Dr. Chrts Martinez
PERSONNEL BY TRAINING LEVEL (number of each):
Level of Training
Number of Full Time Paid
Number of Part Time Paid
Number of Volunteers
EMT-B
17
—
—
EMT-1
3
—
—
EMT-P
1
—
First Responder Cert.
21
—
—
CPR, Other, etc
21
—
—
Physician (DO)
—
—
one reserve deputy
(Dr. Steve Ayers)
PRIMARY Hospital transported to: Aspen Valley Hospital
Depends on location of call. From anywhere near Aspen, distance is
Distance to PRIMARY Hospital: only 2-3 miles. From remote regions of the county (Redstone and
Thomasville, for example), distance can be 30-40 miles or more.
Pitkin County deputies respond to approx. 530 medical calls per year
Average number of EMS Runs Annually: Thin includco all of unincorporated Pitkin County (part in Aspen
Ambulance and part in Basalt Ambulance districts) but does not include medical calls within
Average number of Runs Annually. (cont' d. below)
Rn 1998, Pitkin County deputies
responded to 10,710 calls, 530 of
which were for medical services.
(cont'd. from above) the city of Aspen or town of Snowmass Village. We often "back up" Aspen
and Snowmass on medical calls, but for the purposes of this grant application we have counted
only medical calls in unincorporated Pitkin County.
12
EMS Service Area and Geographic Description
This application is by the Pitkin County Sheriff's Office. Deputies respond to every ambulance page in
Pitkin County except for those in incorporated city of Aspen and town of Snowmass Village. In
actuality, we often "back up" Aspen and Snowmass officers on their medical calls, but because we don't
respond automatically, for the purposes of this grant application, we have not included numbers of
ambulance calls for the city of Aspen or town of Snowmass Village. We have included in our numbers
the calls only in unincorporated Pitkin County.
However, please note that one of the 21 AEDs we are requesting will be for the city of Aspen, as we will
keep it in the patrol room (in Aspen) shared by Aspen Police officers and Pitkin County deputies. The
purpose of this one AED will be quick availability for SCA ambulance calls within Aspen, when an
Aspen Police officer will most likely arrive on scene before the ambulance. _
Unincorporated Pitkin County is about 1,000 square miles, much of it rugged terrain within National
Forest boundaries. Our resident population is approximately 14,500 (according to Pitkin County
Administration). The city of Aspen has an additional 6,000 people living year-round. According to
statistics gathered by the metro sanitation district, the population of the Aspen area can swell to over
25,000 on many high tourist -season days (summer and winter). In unincorporated Pitkin County there
are about 55 miles of state highways and 195 miles of secondary roads, the scenes of over a thousand car
crashes each year. Roads range in character from divided -highway four -lanes to four -wheel -drive dirt
tracks. Our bus system is greatly enlarged and the fleet now includes several articulated buses,
increasing the chances for disasters involving 70 or more people. Pitkin County also has an extremely
busy airport. Since Aspen is a tourist area attracting people from lower elevations, we experience
medical emergencies caused or exacerbated by high altitude (including heart problems). Because this
area attracts athletic people, we see a high proportion of medical calls for paragliders, hikers, horseback
riders, kayakers, and so forth.
Response time from scene of medical calls to hospital can vary from only a few minutes (near Aspen) to
over 45 minutes (Redstone and Thomasville). Deputies are first on scene, before the ambulance, about
85% of the time, according to our Combined Communications Department. Each deputy takes his or her
patrol car home while off -duty, with the result that at all times we have officers and cars spread
throughout the area. We all are required to carry pagers 24-hours a day, and we are paged out when
quick response in our respective home areas is needed.
13
EMS PROVIDER INFORMATION. CONTINUED
EMS VEHICLES OWNED BY YOUR AGENCY -
Write in the number of vehicles owned of each type in the age group. If your agency does not own vehicles please check here N/A
Type of Vehicle
1 to 3 yrs old
Number & Mileage
4 to 7 yrs old
Number &
Mileage
8 to I I yrs old
Number &
Mileage
11 years or> Nu It •
Milea°
Typel '
/
/
Type II
/
P
/
/
Type III
/
/
/
/
Rescue Vehicle.--
/
/
/
- /
-First Response
/
/
/
/
Extrication Equipment
Age
if of RS 10 Kits
# Spreaders
# Cutters
# Rams
tr Bags
I to 5 yrs
.
•
Defibrillators:
Manual
1-3 years old
EMERGENCY MEDICAL EQUIPMENT OWNED BY YOUR AGENCY
0 4 years or older
emr-automatic�r automatic
1-2—years old 2 3 years or older
Suction (electric/battery):
0 1-2 years old 0 3 years or older
Back Boards (number owned):
Stretchers:
0 Scoop
0 Wire
We have two LifePak 300s, which can be used only by
paramedics or EMT —Is. These two units are kept in the
patrol room. They are about 5 years old.
14
COMMUNICATIONS EQUIPMENT .
Mobile Radios (VHF):
Please check all agencies who use this equipment
X Fire XEMS X Police
List the number of mobile radios (VHF) equipment you have in the correct age group:
15a 0-5 years old 25_
0 I I years or older
Mobile Radios (UHF):
6-10 years old
Please check all agencies who use this equipment:
Fire X EMS Police
List the number of mobile radios (UHF) equipment you have in the correct age group:
5 0-5 years old 12 6-10 years old
I years or older
Portables:
Please check all agencies which use this equipment
)(Fire R EMS RPolice
List the number of Portables you have in the correct age group:
150 0-5 years old 100-10 years old
_Q 11 years or older
Pagers:
Please check all agencies this equipment is used by:
X Fire XEMS RPolice
List the number of pagers you have in the correct age group:
150 0-5 yews old 1006-I0 years old
1 11 years or older
TRAINING EQUIPMENT OWNED BY YOUR AGENCY
Please list the equipment on the following lines:
***NOTE***
This information reported by Brent Finster, Director of Combined Communications.
This information includes:
Pitkin County Sheriff's Office
Basalt, Aspen, and Snowmass Village
Aspen and Basalt Fire Departments
Snowmass Fire Department
Carbondale Fire Department
15
and Aspen Ambulance
Police Departments
ASPEN
!VALLEY
HOSPITAL
aka 0401 Castle Creek Road • Aspen, Colorado 81611 • 970/925-1120
February 8, 1999
Ms. Arlene Way
CDPHE-EMSPD
Colorado EMS Division
4300 Cherry Creek Drive South
Denver, Colorado 80246
Dear Arlene:
Every time the Aspen Ambulance is dispatched to a medical emergency in Pitkin County, a law
enforcement officer is also dispatched. Most of the time Pitkin County deputies arrive on scene
before the ambulance. All deputies have been, at a minimum, certified as EMT-B, and several
have higher levels of training (EMT -I and Paramedic). We have no doubt that any life-saving
measures that can be initiated by deputies greatly increase the chances of victim survival in
Pitkin County.
Because of this, the Pitkin County EMS Council recommended in the 1998 Annual Report and
1999 Plan: "increase the availability of early defibrillation throughout our area...place as many
AED units as possible in initial response and law enforcement vehicles...train all responders
including law enforcement in the use of AEDs..." (page 8).
We therefore wholeheartedly support the Pitkin County Sheriffs Office grant application to the
Colorado EMS Division for defibrillators for deputies' cars. We believe this project will
upgrade the level of service we can provide and have the potential of saving lives each year.
Thank you for your consideration.
Sincerely,
Rich Walker
Director, Aspen Ambulance District
Chairman, Pitkin County EMS Council
C)VHA
United to Improve America's Health`
Fed ID it 84-0720309
® a.
ATJ, ey Pt? / «38-
ASPEN FIRE PROTECTION DISTRICT
420 E. HOPKINS AVE.
ASPEN, CO 6 1 6 1 I
(970) 925-5532
FAx: (970) 920.4451
February 9, 1999
Colorado State EMS Prevention Div.
EMSPD-ADM-A5
4300 Cherry Creek Drive South
Denver, CO 80296
To whom it may concern:
This letter is in support of our Pitkin. County Sheriff's office program to equip their
vehicle fleet with 21 Lifepak 500 AEDs.
Our two departments work closely together in a variety of rescue situations. Invariably
the Sheriff's Deputies are among the first to arrive on scene at any emergency. Given
the very narrow window of opportunity to successfully employ AEDs and CPR, it will
save lives to have these units in service throughout our county.
Please favor their application to place these units in the field.
Sincerely,
Darryl Gr
Fire Chief
4I P a t. 3g
BASALT & RURAL FIRE PROTECTION DISTRICT
"Neighbors helping neighbors in time of need"
February 5, 1999
CDPH&E
EMS & Prevention Division
EMSPD-ADM-A5
4300 Cherry Creek Drive South
Denver, CO 80246-1530
Dear Arleen,
This is a letter supporting the grant application of the Pitkin County Sheriff's Department. Their
grant request is to outfit up to 20 of their patrol vehicles with AED's. We support this request as
it will help our District in providing rapid emergency medical care to those that need it most.
Our District provides service to 492 square Miles of both densely populated and rural areas, with
approximately half that area located within PitkinCountjt.
The Basalt Fire Dept is partially paid during the day, with volunteers still providing the majority
of the coverage during the work day and .essentially allof it at night. Due to the delayed
response associated with volunteers responding tothe station and then responding to the call,
especially at night, a Pitkin County deputy on patrol is likely to arrive on scene before the
ambulance. As we all know, if the call is a cardiac arrest, those minutes between the arrival of an
AED deputy and the arrival of the ambulance can be crucial to the outcome of the patient.
We all know the importance of early defibrillation in cardiac arrest, followed by ALS. Approval
of their grant application will greatly help the in providing that early defirillation and will allow
our ALS providers an increased window of opportunity to use their skills tofurther aid the
patient.
Thank you for your time and consideration of this grant application. If I can be of further
assistance please do not hesitate to call.
Respectfully,
r t I7 J--
Bob Richardson, NREMT-P
EMS Coordinator
ra PAV 3 '6' 3t
P.O. Box 801 • 20 School Street • Basalt, CO 81621
(970) 927-3365 • Fax (970) 927-3936
J
STATE OF COLORADO
Bill Owens, Governor
Jane E. Norton, Executive Director
Dedicated to protecting and improving the health and environment of the people of Colorado
4300 Cherry Creek Dr. S. Laboratory and Radiation Services Division
Denver, Colorado 80246-1530 8100 Lowry Blvd.
Phone (303) 692-2000 Denver CO 80220-6928
Located in Glendale, Colorado (303) 692-3090
http://www.cdphe.state.co.us
Attachment B
[Date] Sample Contract Change Order Letter
Colorado Department
of Public Health
and Environment
Attachment *
State Fiscal Year 19** - **, Contract Change Order Letter Number **, Contract Routing Number **-*****
Pursuant to paragraph ** of the contract with contract routing number **-***** and contract encumbrance number
***********, (as amended by Contract Renewal Letter **, contract routing number **-***** and/or Contract Change
Order Letter **, contract routing number **-***** if any), hereinafter referred to as the "Original Contract" (a copy of .
which is attached hereto and by this reference incorporated herein and made a part hereof) between the State of Colorado,
Depart ent of Public Health and Environment and Contractor's Legal Name, for the term from ********* **. ****
through ********* **, **** the parties agree that the maximum amount payable by the State for the eligible services
referenced in paragraph ** of the Original Contract is increased/decreased by dollar amount DOLLARS (S*.**) for a new
total financial obligation of the State of dollar amount DOLLARS, ($*.**l. The revised work plan, which is attached hereto
as "Attachment 1", and the revised budget, which is attached hereto as "Attachment 2", are incorporated herein by this
reference and made a part hereof. The first sentence in paragraph ** of the Original Contract is hereby modified accordingly.
All other terms and conditions of the Original Contract are hereby reaffirmed. This amendment to the Original Contract is
intended to be effective as of ********* **, ****. However, in no event shall this amendment be deemed valid until it shall
have been approved by the State Controller or such assistant as he may designate.
Please sign, date, and return all ** originals of this Contract Change Order Letter by ********* **. **** to the attention of:
************ ************, Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive
South, Denver, Colorado 80246, Mail Code: *****-**. One original of this Contract Renewal Letter will be returned to
you when fully approved.
Contractor's Legal Name STATE OF COLORADO
(legal type of entity) Bill Owens, Govemor
By:
Print Name:
Title:
FEIN:
APPROVALS:
By:
For the Executive Director
DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT
CONTROLLER: PROGRAM:
By: By:
Arthur L. Barnhart