HomeMy WebLinkAbout20121060.tiff RESOLUTION
RE: APPROVE EMPLOYEE LEASE AGREEMENT FOR DAVE BRESSLER AND
AUTHORIZE CHAIR TO SIGN - BANNER HEALTH, DBA NORTH COLORADO
MEDICAL CENTER
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Employee Lease Agreement for
Dave Bressler, between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and Banner Health, dba North Colorado Medical
Center, commencing May 7, 2012, with further terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Employee Lease Agreement for Dave Bressler between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and Banner Health, dba North Colorado Medical Center, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of April, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 2 e*s
Sean P. Co , Chair C
Weld County Clerk to the Board
Imo"'+► 6641,1
INN JE a ilfam F. Garc - e
BY: SYLL
Deputy CI k to the Board f'81
,t® ?Pr
_
♦ � David E. Long
/o "Attorney r Cy >n S cQ Vt p UiW
Dbugla Rademache
Date of signature: 5- a&-/
o n1/4 ,`O 13ru u ai CA
- -f a 5 a3-/cQ 2012-1060
BC0043
EMPLOYEE LEASE AGREEMENT
THIS EMPLOYEE LEASE AGREEMENT (this "Agreement) is entered into as of the
signature dates set forth below, to be effective as of the 7th day of May, 2012 (the "Effective
Date"), by and between BANNER HEALTH, an Arizona nonprofit corporation d/b/a NORTH
COLORADO MEDICAL CENTER ("Banner"), and the County of Weld, a political subdivision of
the State of Colorado, by and through the Board of County Commissioners of the County of
Weld ("County")
RECITALS
WHEREAS, Banner operates North Colorado Medical Center, an acute care hospital
located in Greeley, Colorado ("Hospital"); and
WHEREAS, Hospital is acquiring an ambulance service from the County pursuant to an
Asset Purchase Agreement and will operate such services as a unit of the Hospital ("Unit"); and
WHEREAS, Banner seeks to staff the Unit with a Director of Ambulance Services and
more specifically the following named employee, David Bressler ("Leased Employee"); and
WHEREAS, the County desires to maintain the Leased Employee as its employee; and
WHEREAS, Banner desires to lease the Leased Employee from the County to provide
services as the Director of its Ambulance services for the Unit.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree
as follows:
1. County Obligations.
1.1 Pursuant to the terms of this Agreement, County shall lease to Banner the
Leased Employee to provide the services, as more particularly described on Exhibit A, attached
hereto and incorporated herein, to the Unit on a full time basis on days and at times mutually
agreed to by the parties, subject to the limitations set forth in Exhibit A.
1.2 Except as specifically provided in Article 2 below, the Leased Employee shall be
hired and employed by County, subject to County's job classifications, compensation rates,
payroll schedules, benefit plans and personnel policies.
2. Rights and Obligations of the Parties Regarding Employment Relationship.
2.1 County, as the employer of Leased Employee, shall be responsible to make all
payments, to provide all insurance, to withhold all amounts, and to do those things required by
law to be done by an employer.
2.2 Banner, as the lessee of the Leased Employee, shall be responsible for the
following relative to the Hospital:
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(a) establishing requirements for skills or training necessary for employment
eligibility of the Leased Employee;
(b) compliance with work place laws and regulations, including Occupational
Safety and Health Administration regulations, Environmental Protection Agency
regulations and any state and/or local equivalent, the provisions of the Americans with
Disabilities Act ("ADA") that impose any obligations for physical compliance or facilities
modification at a worksite, professional and facility licensing requirements and
governmental contracting provisions, and all safety, health and work environment laws,
regulations, ordinances, directives and rules for work place safety imposed by controlling
federal, state and local governments, the workers' compensation insurance carrier
and/or safety program requirements; and
(c) compliance with Section 414(o) of the Internal Revenue Code (avoidance
of certain pension and non-pension employee benefit requirements) except as provided
in Section 3.3(a) below.
2.3 Banner and County shall both have responsibility for, and shall cooperate with
each other in regards to, the following:
(a) Compliance with employment and benefit laws, including Title VII of the
1964 Civil Rights Act and any state equivalent acts, the Age Discrimination in
Employment Act and any state equivalent acts, the Employee Retirement Income
Security Act, except as provided by Section 2.2(c) above, the Fair Labor Standards Act
and any state wage and hour acts, the provisions of the ADA and any state equivalent
acts that impose requirements on a covered employer, except as provided by Section
2.2(b) above, the Federal Drug Free Workplace Act and any state and/or local
equivalent, and the Family and Medical Leave Act of 1993; and
(b) Implementation of policies and practices relating to the operations of the
Unit.
2.4 Nothing in Sections 2.1, 2_2 or 2.3 above shall be construed to require Banner or
County to provide any of the matters referred to therein except as provided by law or as
otherwise specifically provided by this Agreement.
2.5 County shall make all hiring and firing decisions, establish and pay all wages,
salaries and compensation, including all determinations regarding the retention, promotion,
demotion, awarding of bonuses and salary adjustments, and be responsible for all other matters
affecting the terms and conditions of the employment of the Leased Employee.
2.6 For the purposes of this Agreement, determination of responsibility for situations
not set forth and not contemplated herein shall be made by mutual agreement of Banner and
County.
2.7 Banner and County agree that, for purposes of coverage under the exclusive
remedy doctrine of the Colorado workers' compensation law, Banner and County are co-
employers.
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2.8 Banner shall notify County of any performance problems with the Leased
Employee and shall cooperate with County's human resources department in addressing such
performance issues. If the problems in performance are not rectified through County's
personnel processes, County shall upon Banner's reasonable request, remove and replace the
Leased Employee with an alternate Leased Employee suitable to Banner. A new leased
employee shall be approved by Banner prior to beginning to provide services at the Unit.
Banner may terminate this Agreement under Section 6.2 (c) if a suitable replacement leased
employee is not available.
3. Fees and Amounts Payable to County.
3.1 Compensation for Leased Employee. As compensation for the services provided
by Leased Employee, Banner shall pay County according to the terms set forth on Exhibit A
attached hereto and incorporated herein by this reference.
4. Insurance.
4.1 Workers' Compensation Insurance.
(a) County agrees to maintain, as required by law, workers' compensation
insurance for Leased Employee.
(b) Banner agrees to maintain, as required by law, workers' compensation
insurance for all Banner employees and independent contractors who are not Leased
Employee.
4.2 Banner Insurance Requirements. Banner shall keep in full force and effect at all
times during the term of the Agreement, professional liability and comprehensive general liability
insurance covering the operations of the Hospital, including, but not limited to, where applicable,
products, completed operations, contract, broad property damage, premises liability,
independent contractors, and personal injury, with minimum limits of One Million and no/100
Dollars ($1,000,000.00) per occurrence and Three Million and no/100 Dollars ($3,000,000.00) in
the annual aggregate. Banner may self-insure for any coverages required under this
Agreement where such self insurance is not precluded by law.
5. Mutual Indemnity.
5.1 Banner Indemnification. Banner hereby agrees to indemnify, defend and hold
County harmless from and against any and all liability, expense (including court costs and
attorneys' fees) and claims for damage of any nature whatsoever, whether known or unknown
and whether direct or indirect, as though expressly set forth and described herein, that County
may incur, suffer, become liable for or that may be asserted or claimed against County arising
from or relating to the acts, including illegal or negligent acts, errors or omissions, and statutory
violations, of Banner in its performance under this Agreement.
5.2 County Indemnification. To the extent allowed by law, County hereby agrees to
indemnify, defend and hold Banner harmless from and against any and all liability, expense
(including court costs and attorneys' fees) and claims for damage of any nature whatsoever,
whether known or unknown and whether direct or indirect, as though expressly set forth and
described herein, that Banner may incur, suffer, become liable for or that may be asserted or
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claimed against Banner arising from or relating to the acts, including illegal or negligent acts,
errors or omissions, and statutory violations, of County in its performance under this Agreement.
5.3 Scope of Indemnification. Banner and County expressly agree that the
indemnification provisions of this Agreement shall not be limited to claims, expenses, or
liabilities for which one of them is severally liable, but shall also apply to claims, expenses and
liabilities for which Banner and County are jointly and concurrently liable. In such event, if either
of them advances funds in connection with a claim, expense or liability that is subject to this
Section 5.3 in excess of its pro rata share, such party shall be indemnified by the other party
hereto for such excess amounts.
6. Term and Termination.
6.1 Term. This Agreement shall be for a term of eight (8) months from May 7, 2012
to January 6, 2013. The term of this agreement is intended to conclude approximately when
Leased Employee is eligible for retirement under County's Retirement System on January 3,
2013. Banner's intent is that Leased Employee will be offered employment with Banner upon
the termination of the Agreement, unless this Agreement is previously terminated pursuant to
Section 6.2 (c) or Section 2.8 herein.
6.2 Termination for Cause. Either party may terminate this Agreement at any time
for cause, which shall be defined as, and limited to, the following defaults by the other party:
(a) Liquidation; Bankruptcy. The defaulting party shall apply for, or consent
to, the appointment of a receiver, trustee or liquidator of all or a substantial part of its
assets, file a voluntary petition in bankruptcy, make a general assignment for the benefit
of creditors, file a petition or answer seeking reorganization or arrangement with
creditors, or take advantage of any insolvency, or if any order, judgment or decree shall
be entered by any court of competent jurisdiction on the application of a creditor or
otherwise adjudicating such party bankrupt or approving a petition seeking
reorganization of such party or appointment of a receiver, trustee or liquidator of such
party, or of all or a substantial part of its assets, and such order, judgment or decree
shall continue unstayed and in effect for sixty (60) calendar days after its entry.
(b) Nonpayment of Fee. County may terminate this Agreement if Banner
fails to pay a fee payment to County within ten (10) days of its due date and fails to cure
the nonpayment within five (5) days after County has given Banner written notice of the
failure to perform.
(c) Breach Related to the Leased Employee. Banner may terminate this
Agreement immediately by written notice to County for the failure of the Leased
Employee to perform the services set forth in Exhibit A or fail to meet the requirements
set forth in Section 2.8 above. Before invoking termination under this Section Banner
shall give County thirty days (30) to cure the breach related to the Leased Employee,
provided that County provides a qualified substitute during the cure period and there is
no disruption of services to Banner. Banner shall have no obligation to provide a cure
period when in its reasonable determination services at the Unit are likely to be
materially impaired or disrupted by a breach of this Section 6.2(c).
(d) Breach Other Than Nonpayment of Fee. A failure by the defaulting party
to perform any material obligation required hereunder, if such default shall continue for
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thirty (30) calendar days after the giving of written notice from the non-defaulting party
specifying the nature and extent of such default, or, if the breach cannot reasonably be
cured in thirty (30) days, if the breaching party has not acted diligently, or subsequently
acted diligently, to attempt to cure the breach within the thirty (30) day period following
notice from the non-defaulting party. If the parties disagree as to the existence of a
breach or, whether the breach has been cured, the parties shall use their good faith
efforts to resolve the dispute through negotiation.
6.3 Effective Date of Termination. The effective date of the termination of this
Agreement shall be as follows: (a) termination under Sections 7.2(a) and (c) shall be effective
automatically and immediately upon the giving of written notice of termination by the non-
defaulting party; and (b) termination under Section 7.2(b) and (d) shall be effective upon the
conclusion of the last notice period.
6.4 Regulatory Termination. If, prior to the expiration of the term of this Agreement,
any federal, state or local regulatory body, including, but not limited to, the Centers for Medicare
and Medicaid Services, the Department of Health and Human Services ("HHS"), or the Internal
Revenue Service determines that this Agreement is illegal or jeopardizes Banner's tax exempt
status or otherwise materially affects either party's business, then the affected party shall give
the other party such notice as is reasonable in the circumstances and shall make available a
reasonable period within which to cure. If no cure is implemented by the parties, then Banner,
in its sole discretion may terminate this Agreement with such notice as is reasonable under the
circumstances.
6.5 Amendments and Early Terminations. Both parties acknowledge and agree that
this Agreement may not be amended prior to the first (1st) anniversary of the Effective Date, or
more than once during any twelve (12) month period thereafter, unless the terms of such
amendment do not change the terms of this Agreement in any material respect and the
compensation for items or services provided hereunder is not changed at all. If this Agreement
is terminated prior to the first (1st) anniversary of the Effective Date for any reason, the parties
may not enter into a successor agreement for the same items or services provided hereunder
prior to the first (1st) anniversary of the Effective Date unless such successor agreement
contains the same terms and compensation as are set forth in this Agreement.
7. Representations and Regulatory Provisions.
7.1 Conflict of Interest Disclosure. County represents and warrants that County
and/or any of its officers, directors, employees, partners, members, owners or shareholders is
related to, affiliated in any way with, or employs (or otherwise has a compensation interest with)
any officer, director of Banner, or any employee of Banner charged with administering,
approving or enforcing this Agreement.
7.2 No Exclusion. County represents that neither it nor any of its members,
shareholders, officers, directors or personnel providing services under this Agreement have
been excluded from participation in any federal or state Medicare, Medicaid or any other third-
party payor program and that no such action is pending. County shall immediately notify
Banner if such action is threatened, proposed or taken. If, at any time, County or any of its
shareholders, employees, independent contractors or agents have been excluded as described
above, then, at its discretion, Banner may immediately terminate this Agreement upon written
notice to County.
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7.3 Access to Records for Government Inspection. County agrees until the
expiration of four (4) years after the furnishing of services to be provided under this Agreement,
to make available, upon request, to the Secretary of HHS, to the Comptroller General of the
United States of America, or to any of their duly authorized representatives, this Agreement and
the books, documents and records that are necessary to certify the nature and extent of
reimbursable costs under the Medicare laws. If County carries out any of the agreements under
this Agreement through a subcontract with a value or cost of Ten Thousand and no/100 Dollars
($10,000.00) or more over a twelve (12) month period with a related organization, such
subcontract shall contain a requirement identical to that set forth in the preceding sentence.
7.4 Compliance with Regulations and Policies. County shall comply with all
standards applicable to the services described in this Agreement, including, but not limited to,
the standards of (a) the Joint Commission on the Accreditation of Healthcare Organizations, (b)
federal, state and local governmental laws, rules and regulations, and (c) third party payors.
Whenever providing services or goods pursuant to this Agreement on Hospital premises,
County and its employees and agents shall comply with and observe all Banner rules and
regulations concerning conduct on Hospital premises. If any of the services or goods provided
under this Agreement are services or goods for which Banner may, directly or indirectly, obtain
compensation or reimbursement from any governmental health program (e.g., Medicare,
Medicaid, or TRICARE), County shall comply with all government reimbursement requirements
as specified by Banner and shall assist Banner in completing necessary documents and records
for reimbursement
7.5 Medicare Fraud and Abuse. Notwithstanding any unanticipated effect of any of
the provisions herein, neither party shall intentionally conduct itself under the terms of this
Agreement in a manner to constitute a violation of the Medicare and Medicaid Fraud and Abuse
Provisions (42 U.S.C. Sections 1395 nn(b) and 1396h(b)), including the Medicare and Medicaid
Anti-Fraud and Abuse Amendments of 1977 and the Medicare and Medicaid Patient and
Program Protection Act of 1987 (42 U.S.C. Section 1320 a-7 et seq.) or any other applicable
federal, state or local law, rule, or regulation.
7.6 Compliance with HIPAA. Under the Health Insurance Portability and
Accountability Act of 1996, Banner is required to comply with the Standards for Privacy of
Individually Identifiable Health Information contained in 45 C.F.R. Parts 160 and 164, Subparts
A and E (the "Privacy Rule") and the Standards for Security of Electronic Protected Health
Information contained in 45 C.F.R. Part 164, Subpart C, ("Security Rule") as of their respective
effective dates and as amended. If this Agreement must be amended to secure such
compliance, the parties shall meet in good faith to agree upon such amendments. If the parties
cannot agree upon such amendments, then either party may terminate this Agreement upon
thirty (30) days prior written notice to the other party.
7.7 Corporate Compliance. County and the Leased Employee shall cooperate with
any corporate compliance program now or hereafter instituted by Banner.
7.8 Compliance with Health Testing and Immunization Policies. County will assure
Leased Employee's compliance with Banner's health policy and requirements.
7.9 Confidentiality. To the extent allowed by law, County shall keep confidential all
knowledge, information and documents entrusted to its care by Banner. For the purposes of the
Colorado Open Records Act, Leased Employee shall not keep in his custody, or provide to
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County for its custody and keeping, any documents provided to Leased Employee by Banner.
Leased Employee shall not disclose any knowledge, information or documents entrusted to him
by Banner to any person, firm or corporation other than the person, firm or corporation
designated by Banner. Knowledge, information and documents entrusted by Banner to Leased
Employee may include, but are not limited to, the names of vendors and the terms and
conditions (including financial information) with vendors, the names of patients and the terms
and conditions (including financial information) of agreements with or for the benefit of patients
and all medical records and information. The provisions shall survive the termination of this
Agreement.
7.10 Ownership of Information and Materials. County shall, upon expiration or any
earlier termination of this Agreement, ensure that the Leased Employee deliver to Banner all
written data and information generated by or for Banner in connection with the services provided
by Leased Employee to Banner hereunder. Such data and information and all such documents
shall at all times be the property of Banner.
8. Miscellaneous Provisions.
8.1 Notices. Any notice required to be given under this Agreement shall be in
writing, and shall be deemed delivered when personally delivered or three (3) days after the
same is sent by certified mail, postage prepaid as set forth below, subject to the right of either
party to change said address or addresses by written notice of such new address to the other
party.
If to Banner: Banner Health d/b/a
North Colorado Medical Center
1801 16th Street
Greeley, Colorado 80631
Attn: Chief Executive Officer
with a copy to: Banner Health
1801 16th Street
Greeley, Colorado 80631
Attn: Legal Department
If to County: County of Weld
P. O. Box 758
Greeley, Colorado 80632
8.2 Counterparts. This Agreement may be executed in one or more copies or
counterparts, each of which when signed shall be an original, but all of which together shall
constitute one instrument.
8.3 Entire Agreement. The provisions of this Agreement and any exhibits hereto and
any writing signed by the party to be charged contemporaneously herewith constitute the entire
agreement between the parties, and supersede any prior negotiations, understandings or
agreements.
8.4 Modifications. This Agreement may be amended, modified or otherwise changed
only upon the written consent of the parties.
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8.5 Third Party Rights. This Agreement shall not be construed as conferring upon
any third party any right or benefit and any and all claims that may arise hereunder may be
enforced solely by RMR or by Banner.
8.6 No Assignment. No party may assign its rights or delegate its obligations under
this Agreement without the prior written consent of the other party.
8.7 Governing Law. This Agreement shall be governed by Colorado law, excluding
the choice of law rules thereof.
8.8 Documents: Necessary Acts. Each of the parties shall execute and deliver all
documents, papers, and instruments and perform such other acts as may be necessary or
convenient to carry out the terms of this Agreement.
8.9 Corporate Authority. The individuals executing this Agreement on behalf of, or
as a representative for, a corporation or other person, firm, partnership or entity, represents and
warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of the
corporation, person, firm, partnership or other entity and that this Agreement is binding upon the
entity in accordance with its terms.
8.10 Non-Waiver: Breach. Any waiver of any term and condition hereof must be in
writing and signed by the party against whom it is sought to be asserted. A party's neglect or
failure in any case or circumstance to require performance of the other party's obligations or to
enforce its rights in the event of a breach by the other party shall not affect such party's right to
enforce such rights and obligations in any other case or circumstance. A waiver of any
individual term or condition shall not be construed as a waiver of any other term or condition or,
unless so provided in such written waiver, of the term or condition thereby waived in the event of
a future or continuing breach by the other party, except in the particular circumstances in or for
which such waiver was provided.
8.11 Severability, Invalidity of Any Provision. Nothing contained in this Agreement
shall be construed so as to require the commission of an act contrary to law, and whenever
there is any conflict between any provision of this Agreement and any present statute, law,
ordinance or regulation contrary to which the parties have no legal right to contract, the latter
shall prevail. In such event, and in any case in which any provision of this Agreement is
determined by a court of competent jurisdiction to be in violation of a statute, law, ordinance, or
regulation, the affected provisions shall be curtailed and limited only to the extent necessary to
bring it within the requirements of the law and, insofar as possible under the circumstances, to
carry out the purposes of this Agreement.
8.12 Force Maieure. Neither party shall be liable nor deemed to be in default for any
delay or failure in performance under this Agreement or other interruption of service or
employment deemed resulting, directly or indirectly, from acts of God, civil or military authority,
acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, failure of
transportation, machinery or supplies, vandalism, strikes or other work interruptions beyond the
reasonable control of either party. However, both parties shall make good faith efforts to
perform under this Agreement in the event of any such circumstances.
8.13 Survival. Any covenant or provision herein that requires or might require
performance after the termination or expiration of this Agreement, including, but not limited to,
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indemnities, confidentiality, settlement of accounts, and records retention and access, shall
survive any
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
signature dates set forth below, to be effective as of the Effective Date.
BANNER HEALTH d/b/a North Colorado COUNTY OF WELD
Medical Center
By: By:
Name: lit r-11-76/3 Name: Sean P. Conway C
Title: L,G" Title: Chair, Board of Weld County Commissioner
Date: W25/R- Date: APR 2 3 2012
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EXHIBIT A
The compensation Banner shall pay County for the services of the Leased Employee are at the
rate of Thirteen Thousand Nine Hundred and Two and 41/100 Dollars ($13,902.41) per
month. This sum includes salary and benefits. Banner shall pay such monthly amount by the
10th day of the following month.
The Parties agree that the Leased Employee will attempt to limit any Paid Time Off during the
term of this Agreement. Any requests for Paid Time Off by Leased Employee are subject to the
approval of Banner. Such approval will not be unreasonably withheld.
Leased Employee shall conduct services including but not limited to the following:
Performs administrative, supervisory and technical work directing the activities of the ambulance
service Unit.
Examples of Duties Include:
• Implements policies and procedures
• Researches and determines the needs and resources for the service area
• Performs strategic planning to achieve maximum value for resources utilized
• Develops and implements marketing strategies for current and further services and/or
products
• Studies and analyzes efficacy of services and/or products provided utilizing objectively
measured Continuous Quality Improvement (CQI) program(s).
• Establishes and maintains dynamic performance standards
• Coordinates and integrates services and/or products with other system providers
• Develops budgets that reflect Unit needs and goals. Effects strategies that maintain
these goals.
• Informs Management on Unit activities, needs, or problems.
• Recommends policy changes when need is perceived.
• Facilitates and provides multiple forums for employees to discuss ideas, problems, etc.
• Performs other work as required or assigned.
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