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HomeMy WebLinkAboutresolution.council.059-03 RESOLUTION # 5q (Series of 2003~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. FORMALIZING ITS ROLE AS THE BOARD OF HEALTH FOR THE CITY OF ASPEN, APPOINTING A PHYSICIAN TO SERVE ON THE BOARD OF HEALTH. AND APPROVING A CONTRACT FOR SERVICES WHEREAS, Section 25-1-60I, et seq., of the Colorado Revised Statutes provides that the Mayor and Council of each incorporated city in Colorado have "all the powers and perform all the duties of a board of health" and WHEREAS, Section 25-1-601. et seq., of the Colorado Revised Statutes provides that "Every local board of health shall appoim one or more physicmns to the board who shall be the health officers of the ... citv.., and hold office at the pleasure of the board", and WHEREAS. the City Council of the City of Aspen. Colorado, may from time to time be called on to sit as a board of health, and would benefit from the advice of a physician, and WHEREAS, Dr. Morris Cohen has agreed to serve as the medical health officer for the City of Aspen. and a contract formalizing that agreemem is attached, NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN. COLORADO, THAT: Section l The City Council of the City of Aspen, acting as the Board of Health, has all the powers conferred on it by state stature in accordance with Sections 25-1-601, et seq., C.R.S., including but not limited to making regulations to protect the public heakh, preventing nuisances, requiring the owners of unhealthy premises or conditions to remedy the condition, removing persons who are sick or infected with a sickness dangerous ro the 74 public health to a separate dwelling, and other measures necessary to protect the public health. Section 2 The City Council of the City of Aspen hereby appoims Dr. Morris Cohen as the medical health officer for the City of Aspen for a two-year period. Section 3 The City Council of the City of Aspen hereby approves the attached professional services agreement between Dr. Morris Cohen and the City of Aspen Dated: / 'H~len !~alin ~landerud, Mayor I. Kathryn S. Koch. duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado. at a meeting held on July t~, 2003. - '";l~ Kathr~{yiJ i City Clerk AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date hereinalter stated, between the CITY OF ASPEN, Colorado, ("City") and Dr. Morris Cohen, acting as medical health officer for the City of Aspen Board of Health. The parties agree as follows: 1. Scoce of Work. Dr. Morris Cohen will act as a medicai health officer for the City of Aspen, providing medical advice and expertise To the Aspen City Council when so requested by the Council or when the City Council sits as a Board of Health. 2 Payment. Until this agreement is revised at the request of either parry, Dr. Cohen serves as the City of Aspen medical health officer on a volunteer basis, without pay. 3 Termination. Should either parry desire to ~ermina~e this agreement pnor to its expiration two years from the date of adoption, Dr. Cohen or the City may terminate this Agreement. without specifying the reason therefore, by g~ving notice, in writing, addressed to the other parr/, specifying the effective date of the termination. Governmental Immunit5 Act. The parties hereto acknowledge that Dr. Cohen shall be cdnsidered as an employee of the City of Aspen while performing duties under this Agreement and as such shall be entitled to all protections afforded to municipal employees under the Colorado Governmental Immunity Act, Sections 24-10-101, et seq., C.R.S. IN 5WITNESS WHEREOF, the parties hereto have executed, or caused to be executed' by their duly authorized officials, this Agreement on the date hereinafter written. ATTESTED BY: C~~ Title: [N~ ,/N"~"~ '-- Date: PROFESSIONAL: gladmin\bd of health md agmt.doc Page I