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Home My WebLink About20111676.tiff RESOLUTION RE: APPROVE AGREEMENT FOR MEDICAL EXAMINER SERVICES AND AUTHORIZE CHAIR TO SIGN 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 Agreement for Medical Examiner Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Dr. James A. Wilkerson, IV, M.D., Dr. Michael Burson, M.D., and Dr. Patrick C. Allen, M.D., commencing July 1, 2011, and ending June 30, 2012, with further terms and conditions being as stated in said agreement and its attached Exhibit "A," and WHEREAS, the Board deems it advisable to approve said Agreement and its Exhibit "A", and to thereby terminate the Coroner/Medical Examiner Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Coroner's Office, and Colorado Pathology Associates, previously approved by Resolution on May 19, 2010. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that the Agreement for Medical Examiner Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Dr. James A. Wilkerson, IV, M.D., Dr. Michael Burson, M.D., and Dr. Patrick C. Allen, M.D., commencing July 1, 2011, and ending June 30, 2012, with further terms and conditions being as stated in said agreement and its attached Exhibit "A", be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. BE IT FURTHER RESOLVED by the Board that the Coroner/Medical Examiner Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Coroner's Office, and Colorado Pathology Associates, previously approved by Resolution on May 19, 2010, be, and hereby is, terminated. CL LA, ,:).,AYy.r.,iy1 rtw (1\1\c'n 111 2011-1676 CO0002 APPROVE AGREEMENT FOR MEDICAL EXAMINER SERVICES AND AUTHORIZE CHAIR TO SIGN The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of July, A.D., 2011, nunc pro tunc July 1, 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLO DO ATTEST: 4791-21-i-a ��1 ara Kirkmeyer, air Weld County Clerk to the Bo Elsa EQa c Cm BY: �� iui t� _ tSean P. Cooada , Pro-Tem Deputy, erk to the Bo �/) �_� �y 4 Will F. Garcia APP- IF D AS M: \ vid E. Lon my A orney - Dougla ademac er Date of signature: 44// 2011-1676 CO0002 AGREEMENT FOR MEDICAL EXAMINER SERVICES THIS AGREEMENT is made by and between Weld County, Colorado, by and through the Board of County Commissioners of Weld County, Colorado, whose address is 915 Tenth Street, Greeley, Colorado, ("County"), and Dr. James A. Wilkerson, IV, M.D., Dr. Michael Burson, M.D., and Dr. Patrick C. Allen, M.D. (each referred to individually herein as the "Pathologist," or by individual name, and collectively as the "Pathologists"), e board-certified or board-eligible forensic pathologists, whose address is P.O. Box 419, Loveland, Colorado 80539. WITNESSETH: WHEREAS, pursuant to Sections 4-1(4), 4-2B(2), and 6-1 of the Weld County Home Rule Charter, the position of Weld County Coroner is to be appointed by County, and WHEREAS, County intends to appoint the Weld County Coroner to fulfill and perform those duties set forth in the Home Rule Charter and in accordance with requirements set forth in the Colorado Revised Statutes, and WHEREAS, in order to assist said Coroner, County deems it necessary to enter into this Agreement for the provision of medical examiner services by the Pathologists, as herein defined. NOW THEREFORE, County and the Pathologists, for the consideration stated herein, agree as follows: I. APPOINTMENT AND DESIGNATION OF PATHOLOGISTS: Commensurate with this Agreement, each Pathologist shall be appointed by the Board of County Commissioners of Weld County to serve as the "Weld County Medical Examiner" commensurate with the term of this Agreement, and shall perform the services specified in the attached Exhibit"A." II. SERVICES TO BE PERFORMED BY THE PATHOLOGISTS: The Pathologists shall perform the services listed in the attached Exhibit "A" during the term of this Agreement. The Pathologists shall not provide managerial supervision of any of the Weld Coroner Office staff. III. RESPONSIBILITIES OF COUNTY: A. County shall provide for use by the Pathologists during the term of this Agreement: 1. A morgue suitable for storing body remains in accordance with accepted area industry standards. 2. A storage area for storage of tissue and slides required to be retained by practice or law. 1 3. Facilities adequate to perform the services described in Exhibit A. B. With regards to the provision of the Office of Weld County Coroner, County shall provide all the services and supplies necessary for the operation of the Weld County Coroner's Office, including all necessary professional services needed by the Pathologists in order to determine the cause and manner of death of an individual. IV. TERM: The term of this Agreement shall be from July 1, 2011, to June 30, 2012, and shall renew from year-to-year thereafter unless sooner terminated as provided herein. This Agreement is subject to the termination provisions set forth in Section IX., below. V. PAYMENT AND FEE SCHEDULE: A. Each Pathologist shall be compensated only for the autopsies performed. County shall pay the Pathologist for services furnished, and Contractor shall accept as full payment for those services, the following: 1. During the term as set forth in Section IV., above, an amount not to exceed Nine Hundred Dollars ($900) for each completed autopsy and report, with said amount being increased to Nine Hundred and Twenty-Five Dollars ($925) beginning January 1, 2012. 2. For each successive year for which this Agreement is renewed thereafter, the Pathologists may request that the fee set forth above be reviewed for increase in order to fully compensate them for their work pursuant to this Agreement. Such request must be made to County no later than June 15` of each year. 3. Payments shall be made by the County to the Pathologist only for fully completed autopsies. A "completed autopsy" shall be defined as the receipt by the Weld County Coroner's Office of a completed, typewritten autopsy report. 4. For the services listed in Paragraphs 3 and 4 on Exhibit A, the Pathologist shall charge the rate of$150 per hour spent. B. In addition, County shall compensate the Pathologist for mileage for use of a personal vehicle while performing work pursuant to this Agreement. Mileage shall be reimbursed at the standard per mile rate allowed by County. C. Invoices will be submitted to County by the Pathologists on a monthly basis. Payment of the invoices by County will be made within thirty (30) days of receipt thereof. 2 D. Payment pursuant to this Agreement, whether in full or in part, is subject to and contingent upon the continuing availability of County funds for the purposes hereof. In the event that funds become unavailable, as determined by County, County may terminate this Agreement with sixty (60) days written notice sent by certified mail to the Pathologists. The County is subject to the revenue and spending limitations of the Taxpayers' Bill of Rights ("TABOR"), Col. Const., art. X, section 20, and section 29-1-301, C.R.S., as amended. VI. INDEPENDENT CONTRACTOR: In providing services under this Agreement,the Pathologists acts as independent contractors and not as employees of County. The Pathologists shall be solely and entirely responsible for their acts, and the acts of their employees, agents, servants, and subcontractors during the term and performance of this Agreement. No employee, agent, servant, or subcontractor of the Pathologists shall be deemed to be an employee, agent, or servant of County because of the performance of any services or work under this Agreement. The Pathologists, at their expense, shall procure and maintain malpractice insurance, and any other necessary workers' compensation insurance;and unemployment compensation insurance for their employees, as required by law. VII. INDEMNIFICATION A. The Pathologists agrees to indemnify and hold harmless County, its officers, agents, and employees for, from, and against any and all claims, suits, expenses, damages, or other liabilities, including reasonable attorney fees and court costs, arising out of damage or injury to persons, entities, or property caused or sustained by any person(s) as a result of the Pathologists' performance, or failure to perform, pursuant to the terms of this Agreement. B. To the extent legally possible, County agrees to indemnify and hold harmless the Pathologists, their officers, agents, and employees for, from, and against any and all claims, suits, expenses, damages, or other liabilities, including reasonable attorney fees and court costs, arising out of damage or injury to persons, entities, or property caused or sustained by them as a result of County's performance, or failure to perform, pursuant to the terms of this Agreement. VIII. INSURANCE: Each Pathologist shall, during the term of this Agreement, maintain insurance of the following types and amounts: A. Professional malpractice insurance to include coverage for damages or claims for damages arising out of the rendering, or failure to render, any professional or medical services the Pathologist has agreed to provide under this Agreement. Each Occurrence: $1,000,000 3 B. At any time during the term of this Agreement, County may require Contractor the Pathologist to provide proof of the insurance coverages or policies required under this Agreement. IX. TERMINATION: County or the Pathologists may terminate the Agreement at any time by giving written notice as specified herein to the other party, which notice shall be given at least sixty (60) days prior to the effective date of the termination. IX. MUTUAL UNDERSTANDINGS: A. Jurisdiction and Venue: The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this Agreement. The parties agree that jurisdiction and venue for any disputes arising under this Agreement shall be with the District Court of Weld County, Colorado. B. Compliance with Laws: During the performance of this Agreement, the Pathologists agrees to strictly adhere to all applicable federal, state and local laws, rules and regulations, including all licensing and permit requirements. C. Record Retention: The Pathologists shall maintain records and documentation of the services provided under this Agreement, including fiscal records, and shall retain the records for a period of three (3) years from the date this Agreement is terminated. Said records and documents shall be subject at all reasonable times to inspection, review, or audit by authorized federal, state, or County personnel. Upon termination of this Agreement for any reason, all client records generated by the Pathologists, wherever located, shall remain the sole property of them. County shall be the owner of all official Weld County Coroner records. D. Confidentiality: The Pathologists and its employees shall strictly comply with and adhere to any and all state laws or professional ethical standards concerning the confidentiality of any information obtained during the performance of the Pathologists's obligations under this Agreement. E. Assignability: Neither this Agreement, nor any rights hereunder, in whole or in part, shall be assignable or otherwise transferable by the Pathologists without the prior written consent of the County. F. Waiver: Waiver of strict performance or the breach of any provision of this Agreement shall not be deemed a waiver, nor shall it prejudice the waiving party's right to require strict performance of the same provision, or any other provision in the future, unless such waiver has rendered future performance commercially impossible. 4 G. Force Maieure: Neither party shall be liable for any delay or failure to perform its obligations hereunder to the extent that such delay or failure is caused by a force or event beyond the control of such party including, without limitation, war, embargoes, strikes, governmental restrictions, riots, fires, floods, earthquakes, or other acts of God. H. Notice: Any notices given under this Agreement are deemed to have been received and to be effective: 1) three (3) days after the same shall have been mailed by certified mail, return receipt requested, 2) immediately upon hand delivery, or 3) immediately upon receipt of confirmation that a facsimile was received. For the purposes of this Agreement, any and all notices shall be addressed to the contacts listed below: For County: Monica Mika And: Weld County Attorney Director of Finance and Administration 915 Tenth Street 915 Tenth Street P.O. Box 758 Greeley, CO 80631 Greeley, CO 80632 Phone: (970) 356-4000, Ext. 4210 Phone: (970) 336-7235 Facsimile: (970) 352-0242 Facsimile: (970) 352-0242 For the Pathologists: James A. Wilkerson, M.D. P.O. Box 419 Loveland, Colorado 80539 Phone: (970) 635-4125 or 4126 Integration of Understanding_ This Agreement contains the entire understanding of the parties hereto and neither it, nor the rights and obligations hereunder, may be changed, modified, or waived except by an instrument in writing that is signed by the parties hereto. J. Severability: If any provision of this Agreement is determined to be unenforceable or invalid for any reason, the remainder of this Agreement shall remain in effect, unless otherwise terminated in accordance with the terms contained herein. K. Counterparts: This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. L. Inurement: Each of the terms, covenants, and conditions hereof shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. 5 M. Paragraph Headings: Paragraph headings are inserted for convenience of reference only. N. Authorization: Each party represents and warrants that it has the power and ability to enter into this Agreement, to grant the rights granted herein, and to perform the duties and obligations herein described. O. No Waiver of Immunities: No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Agreement. P. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. IN WITNESS WHEREOF, the parties hereto have caused their names to be affixed hereto. ATTEST: �/�'"" WELD COUNTY, COLORADO, by and Weld County Clerk to the Boar'#' �`� through the BOARD OF COUNTY ,V. COMMISSIONERS OF WELD COUNTY, OLORADO 361 _;; = tl Deputy C rk to the Board "r' Barbara Kir eyer, Cha' Board of County Commissioners of the County of Weld JUL 3 2011 6 PATHOLOGIST: """" -es '14Q , v to i �5 r. James A. Wilkerson, M.D. : i Z � ' , 4 MI SUBSCRIBED AND SWORN TO before me this 15 day of July, 2011. g .........•:s4, ce,•••,,, AP ,,: ,,,,..,.S WITNESS my hand and official seal. Z�t y blicGL��M Notary My commission expires: 0 3.06 2_ f Z PATHOLOGIST: g--- r,. .(.y %P ......O,2y By: Dr. Michael Burson, M.D. ^t o ; f o SUBSCRIBED AND SWORN TO before me this 10d ay of July, 2011. 1:,4O .. WITNESS my hand and official seal. "" ic ' Notary P is My commission expires: 05 "06O- /2 PATHOLOGIST: ,a."".••New,,,a 1Y n By: a 'C ° S Dr. Patrick C. Allen, M.D. Cif o ; J El Z • 04 i SUBSCRIBED AND SWORN TO before me this , ,-147 S day of July, 2011. `\,0j..,,,•. 4..0 SIN WITNESS my hand and official seal. 03_,(g-12 No tary Pub (275-6", My commission expires: b3-0(0- 12 7 EXHIBIT "A" SERVICES TO BE PROVIDED BY THE CONTRACTOR The Pathologists shall provide the following services: 1. The Pathologists shall provide the services specified herein 24 hours per day, seven days a week; however, the pathologist's physical presence in the Weld County Coroner's Office will not be required. A Pathologist shall be available at all times, either by telephone or some other communication medium, for consultation concerning death investigations or organ donations. The Pathologist shall determine on a daily basis which cases are in need of autopsy based upon information supplied by the Weld County Coroner and his or her investigators. Autopsies shall be performed within twenty-four (24) hours of death, or as soon thereafter as practicable, once a determination of the need for an autopsy has been established. All autopsies performed shall be total body procedures, unless otherwise directed by the Pathologist. The Pathologist shall determine the actual or suspected cause and manner of death as soon as practicable after each autopsy. In no event shall such determination be made later than forty-five (45) days after an autopsy has been completed, unless additional time is needed to obtain toxicology results or for other reasons beyond the control of the Pathologist. The Pathologist shall certify causes of death by signing the death certificates of those persons upon whom autopsies are performed. Autopsies will be performed at McKee Medical Center in Loveland. Autopsies may be performed at other facilities or locations in the event of unforeseen circumstances when such relocation becomes necessary. In such an event, the Pathologist shall so notify County within 24 hours of such necessity. During each autopsy, the Pathologist shall have complete authority to direct the work and activities of the Coroner's staff in attendance and assisting in the autopsy. Furthermore, the Pathologist shall have the authority to direct the Coroner's staff on investigations of deaths, subject to the approval of the Coroner. 2. In each case in which an autopsy is performed, and as soon as practicable after the completion of the autopsy, the Pathologist shall provide through a transcriptionist, paid for by the Pathologist, a dictation describing the autopsy procedures employed. A typewritten report of each autopsy and the procedures employed, along with all work product, forms, diagrams, photographs, and citations of, or copies of reference documents or portions of documents, relied upon by the Pathologist in determination as to cause and manner of death, shall be completed and delivered to the Weld County Coroner's Office no later than forty-five(45) days after the completion of the autopsy, unless additional time is needed as above set forth. The report shall be in a standardized format pursuant to National Association of Medical Examiner guidelines. 3. Dr. Wilkerson shall be provided office space at the Weld County Coroner's Office for the purpose of consulting with the Weld County Coroner and his staff on medical and investigation issues, interpretation of toxicology results, and/or consultation in certifying the cause and manner of death on persons for whom no autopsy has or will be performed. 1 4. Dr. Wilkerson shall provide training for the Weld County Coroner and his staff upon the request of the Weld County Coroner. 2 Donna Bechler From: Bruce Barker Sent: Tuesday, July 12, 2011 3:21 PM To: CTB Subject: Reso for Coroner Agreement Attachments: RE101040.doc See the attached. Wilkerson will be bringing two signed originals in over the next day or so. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 915 10th Street Greeley, CO 80632 (970) 356-4000, ext. 4390 Fax: (970) 352-0242 ea : IJ : 1 �df WELD— Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 Hello