(1) The authority is authorized to enter into agreements with the city for the purpose of leasing, conveying, or otherwise acquiring Denver's health system assets. Any such lease, conveyance, transfer, or other agreement to acquire such assets shall be on such terms as may be agreed upon by the parties and shall include consideration of the authority's agreement to assume Denver's health system liabilities.
Any transfer of health system assets to the authority shall be conditioned upon theexistence of a binding agreement between the city and the authority transferring management and operation of some or all of the Denver health system to the authority and by which the authority shall accept and agree to fulfill the mission specified in section 25-29-104 and the provisions of section 25-29-107 concerning personnel.
Any transfer of health system assets to the authority pursuant to this section shall befurther conditioned upon the existence of a binding agreement between the authority and the city which provides that, effective on the transfer date and thereafter, the authority shall assume responsibility for and shall defend, indemnify, and hold the city harmless with respect to:
All liabilities and duties of the city pursuant to contracts, agreements, and leases forcommodities, services, and supplies utilized by the Denver health system, including real property leases;
All claims related to the employment relationship between employees of the authority and the authority on and after the transfer date;
All claims for breach of contract resulting from the authority's action or failure to acton and after the transfer date; and
All claims related to the authority's errors and omissions including but not limited tomedical malpractice; director and officer liability; workers' compensation; automobile liability; and premises, completed operations, and products liability.
Source: L. 94: Entire article added, p. 659, § 1, effective April 19.
Editor's note: The introductory portion to subsection (3) and subsections (3)(a) to (3)(d) were enacted as the introductory portion to subsection (3)(a) and subsections (3)(a)(I) to (3)(a)(IV) by Senate Bill 94-99, Session Laws of Colorado 1994, chapter 126, section 1, but have been renumbered on revision for ease of location.