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HomeMy WebLinkAbout20101040 RESOLUTION RE: APPROVE CORONER/MEDICAL EXAMINER AGREEMENT AND AUTHORIZE CHAIR TO SIGN - COLORADO PATHOLOGY ASSOCIATES 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 a 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, commencing January 1, 2010, and ending December 31, 2012,with further terms and conditions being as stated in said agreement, and WHEREAS,a hearing before the Board was held on the 5th day of May, 2010, at which time the Board deemed it advisable to continue said matter until May 19, 2010,to allow adequate time to modify said agreement. WHEREAS, after review on May 19, 2010, 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 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 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 19th day of May, A.D., 2010, nunc pro tunc January 1, 2010. 12 1 BOARD OF COUNTY COMMISSIONERS ��®�y ELD COUNTY, COLORADO J� • ti v ATTEST: IB, i' `v. .zikt��1;, gl- Radema•her, Chair Weld County Clerk to the Bo:�1r. `®� a� 1 :arbara Kirkmeyer Pro-Tem Dep Clerk to'the Board Sean-P. 7ifay APPRRVED AS T, - RM: LL WIT araja Coal ounty Attorney David E. Long Date of signature: (o 1 1l 2010-1040 < OR CO0002 WELD COUNTY, COLORADO CORONER/MEDICAL EXAMINER AGREEMENT THIS AGREEMENT is made by and between the Board of County Commissioners of Weld County, Colorado, whose address is 915 Tenth Street, Greeley, Colorado, ("County"), and Patrick C. Allen, M.D. ("Dr. Allen" or"Contractor"), whose address is P.O. Box 419, Loveland, Colorado 80539. WITNESSETH: NOW THEREFORE, County and Patrick C. Allen, M.D., for the consideration herein set forth, agree as follows: SECTION I - SERVICES OF THE CONTRACTOR By resolution and in accordance with the Weld County Home Rule Charter, the County previously appointed Patrick C. Allen, M.D. as the Weld County Coroner/Medical Examiner, effective January 1, 2006. County wishes to continue the appointment of Dr. Allen as the Weld County Coroner/Medical Examiner, and Dr. Allen wishes to continue serving such appointment to and until such time that Dr. Allen or County should determine that such appointment shall end. Dr. Allen shall provide the following services: A. Dr. Patrick C. Allen shall serve as the Weld County Coroner/Medical Examiner for the term of his appointment and shall perform all the duties of the Office of Weld County Coroner, as specified in state statute and the Weld County Home Rule Charter, including appointment and oversight of all deputies and staff for the Office during such term. Dr. Allen affirms that he is a board certified forensic pathologist. B. Dr. Allen intends to appoint additional associates to serve as Deputy Weld Coroners/Medical Examiners. The parties acknowledge that Dr. Allen also intends to designate James Wilkerson IV, M.D., amd Michael Burson, M.D., associates of Dr. Allen's, as a Deputy Weld Coroner/Medical Examiners. The parties agree that only board-eligible or board certified forensic pathologists shall serve as Deputy Weld Coroners/Medical Examiners. The pathologists' appointments as Deputy Coroner/Medical Examiners shall be made in writing and filed with the Weld County Clerk and Recorder's Office, and the pathologists, including Dr. Allen, shall post a bond and file an oath of office with the Weld County Clerk and Recorder's Office as required pursuant to C.R.S. section 30-10-602. The cost of the bond shall be paid by County. Each appointed forensic pathologist, including Dr. Wilkerson, shall agree in writing to be bound by the terms and conditions of this Agreement when providing services to Weld County pursuant to Dr. Allen's appointment. The appointments by Dr. Allen of the Deputy Coroner/Medical Examiners shall be effective upon appointment by Dr. Allen, and shall continue until such time that Dr. Allen withdraws the appointment, or until Dr. Allen no longer serves as Weld County Coroner/Medical Examiner. 1 doze-ioS/D C. Dr. Allen and such appointed forensic pathologists will be compensated only for the autopsies they perform. They shall receive no compensation by virtue of their serving as the Weld County Coroner/Medical Examiner or Deputy Coroner/Medical Examiners, respectively, other than for the previously mentioned compensation for the autopsies they perform. The conditions by which such work shall be undertaken is as follows: • Contractor shall provide at least one board-eligible or board-certified forensic pathologist to perform the services specified herein 24 hours per day, seven days a week; however, the pathologist's physical presence in the Coroner's Office will not be required. Dr. Allen, or another forensic pathologist properly designated by Dr. Allen as set forth herein, shall be available at all times, either by telephone or some other communication medium, for consultation concerning death investigations or organ donations. • Dr. Allen, as the Weld Coroner/Medical Examiner, or one of his properly designated Deputies shall respond to and be present at death scenes, regardless of the hour of the day or the day of the week, as required. • On a daily basis or as otherwise practicable, the Weld Coroner/Medical Examiner or one of his Deputies will determine the need for an autopsy on all cases that come within the jurisdiction of the Weld Coroner/Medical Examiner's Office. i 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 dirrected by the Weld Coroner/Medical Examiner. ▪ The Weld Coroner/Medical Examiner or one of his Deputies 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 Coroner/Medical Examiner. ▪ In each case in which an autopsy is performed, and as soon as practicable after the completion of the autopsy, the pathologist shall provide to a transcriptionist, paid for by Contractor, a dictation describing the autopsy procedures employed. A typewritten report of each autopsy and the procedures employed shall be completed and delivered to the Office of the Coroner/Medical Examiner 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 2 acceptable as determined by the Weld Coroner/Medical Examiner. • The Weld Coroner/Medical Examiner or one of his Deputies shall certify causes of death by signing the death certificates of those persons upon whom autopsies are performed. • The Weld Coroner/Medical Examiner or one of his Deputies shall, working within the disaster action plan of the Weld Coroner/Medical Examiner's Office, respond to any disaster scene as required, and shall assist in recovery and/or identification procedures. The Weld Coroner/Medical Examiner or one of his Deputies shall work in concert with any other professionals or agencies that may be called upon to assist the Weld Coroner/Medical Examiner in such procedures. Likewise, the Weld Coroner/Medical Examiner or one of his Deputies shall determine, or assist in the determination of, the cause and manner of death of disaster casualties, and shall work in concert with any other professionals or agencies that may be called upon to assist the Weld Coroner/Medical Examiner in such procedures. • The Weld Coroner/Medical Examiner or one of his Deputies shall attend meetings as required, for the purpose of providing forensic expertise in matters of case review or situational needs. • The Weld Coroner/Medical Examiner or one of his Deputies shall lend their expertise in forensic investigation to the Weld Coroner/Medical Examiner's Office for the purpose of providing regular training for investigative staff. • 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, Dr. Allen will so notify the Board of County Commissioners of Weld County within 24 hours of such necessity. • Dr. Allen shall be solely responsible for the compensation of the Deputies he has appointed or any other personnel provided under this Agreement, including providing malpractice insurance and any additional benefits. D. Dr. Allen shall provide managerial supervision of the Weld Coroner/Medical Examiner's Office staff who are employed by Weld County (currently, five (5) full-time investigators and a full-time clerical position). Such supervisory services shall include, without limitation, direction of work and evaluation of performance of the Office staff, in accordance with the provisions of Chapter 3 of the Weld County Code. E. Dr. Allen shall fully execute the legal duties of the Office of Weld Coroner/Medical Examiner, in accordance with the provisions set forth in the Colorado Revised Statutes, 3 the Colorado Code of Regulations, and the Weld County Home Rule Charter. SECTION II - RESPONSIBILITIES OF THE COUNTY A. County shall provide to the Weld Coroner/Medical Examiner or his Deputies, or other personnel employed by Dr. Allen, the following for use in Weld County during the term of this Agreement: • Office space and the usual amenities associated with office space. • A morgue suitable for storing body remains in accordance with accepted area industry standards. • A storage area for storage of tissue and slides required to be retained by practice or law. • Facilities adequate to perform the services as described herein such as a computer for word processing, a wireless palm computer, electronic mail transmission and receipt, internet access, and the like. B. With regards to the provision of the Office of Weld Coroner/Medical Examiner, County shall: • Provide five (5) full-time investigators and a full-time clerical position to staff the Weld County Office of Coroner/Medical Examiner for the first year of the Initial Term. Each of these individuals shall be County employees. Staffing for any succeeding years shall be as funded during the County's budget process each year. One investigator shall be designated as the lead investigator and perform the day to day administrative duties of the Office. • Provide three transport vehicles for the Office. • Pay for all training and professional conference expenses required for the Office staff, and shall pay for any professional development costs for the Weld Coroner/Medical Examiner and his Deputies, if prior approval is granted by the Weld County Director of Finance and Administration. • Provide all the services and supplies necessary for the operation of the Weld Coroner/Medical Examiner's Office, including all necessary professional services needed by the pathologists in order to determine the cause and manner of death of an individual. These services may include x-ray, toxicology services, forensic consults, etc., or fees to be paid for such services. • Provide regular feedback to Dr. Allen concerning the pathologists' performance 4 and interpersonal conduct. Appoint a Weld Coroner/Medical Examiner Oversight Committee, which shall meet with the Weld Coroner/Medical Examiner at least twice a year. SECTION III - TERM The initial term of this Agreement shall be from January 1, 2010 to December 31, 2010, and shall renew from year to year unless sooner terminated as provided herein. This Agreement is subject to the termination provisions set forth in Section IV.E., and Section IX., below. SECTION IV - PAYMENT AND FEE SCHEDULE A. County shall pay Dr. Allen for services furnished, and Dr. Allen shall accept as full payment for those services, the following: 1. During the first year of the Initial Term, an amount not to exceed Nine Hundred Dollars ($900) for each completed autopsy and report. 2. For each successive year of the Initial Term after the first year, an amount equal to the amount paid in the immediately preceding year for each completed autopsy and report, plus an increase equal to the percentage change or increase in the United States Bureau of Labor Statistics Consumer Price Index for Denver-Boulder, for goods and services, as published in the Wall Street Journal as of June of each year. Unless there is an unanticipated rise in the number of deaths in Weld County, it is anticipated that approximately one hundred seventy-five autopsies will be performed during the first term of this Agreement. B. Payments shall be made by the County to Contractor only for fully completed autopsies. A "completed autopsy" shall be defined as the receipt by the Weld Coroner/Medical Examiner's Office of a completed, typewritten autopsy report. C. In addition, County shall compensate Contractor for mileage for use of a personal vehicle for the purpose of scene visitation. Mileage shall be reimbursed at the standard per mile rate allowed by County. D. Invoices will be submitted to County by Contractor on a monthly basis. Payment of the invoices by County will be made within thirty (30) days of receipt thereof. E. 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 Contractor. The County is subject to the revenue and spending limitations of the Taxpayers' Bill of 5 Rights ("TABOR"), Col. Const., art. X, section 20, and section 29-1-301, C.R.S., as amended. SECTION V - INDEPENDENT CONTRACTOR In providing services under this Agreement, Contractor acts as an independent contractor and not as an employee of County. Contractor shall be solely and entirely responsible for its acts, and the acts of its employees, agents, servants, and subcontractors during the term and performance of this Agreement. No employee, agent, servant, or subcontractor of Contractor shall be deemed to be an employee, agent, or servant of County because of the performance of any services or work under this Agreement. Contractor, at his expense, shall procure and maintain malpractice insurance, workers' compensation insurance, and unemployment compensation insurance as required by law. SECTION VI -NONDISCRIMINATION Contractor shall not discriminate against any employee or qualified applicant for employment because of age, race, color, religion, marital status, disability, sex, or national origin. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices provided by the local public agency setting forth the provisions of this nondiscrimination clause. SECTION VII - INDEMNIFICATION Contractor 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 Contractor's performance, or failure to perform, pursuant to the terms of this Agreement. To the extent legally possible, County agrees to indemnify and hold harmless Contractor, his 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 and person(s) as a result of County's performance, or failure to perform, pursuant to the terms of this Agreement. SECTION VIII - INSURANCE Contractor agrees to 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 Contractor has agreed to provide under this Agreement. Each Occurrence $1,000,000 6 B. Contractor's commercial general liability policy shall be issued to include Weld County as an "additional insured," and shall include the following provisions: 1. Underwriters shall have no right of recovery or subrogation against County, it being the intent of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses resulting from the actions or negligence of Contractor. 2. The insurance companies issuing the policy or policies shall have no recourse against County for payment of any premiums due or for any assessments under any form of any policy. 3. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of Contractor. All insurers of Contractor must be licensed or approved to do business in the State of Colorado. Upon failure of Contractor to furnish, deliver and/or maintain such insurance as provided herein, this Agreement, at the election of County, may be immediately declared suspended, discontinued, or terminated. Failure of Contractor in obtaining and/or maintaining any required insurance shall not relieve Contractor from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with the obligations of Contractor concerning indemnification. Each insurance policy herein required shall be endorsed to state that coverage shall not be suspended, voided, or canceled without thirty (30) days prior written notice by certified mail, return receipt requested, to County. At any time during the term of this Agreement, County may require Contractor to provide proof of the insurance coverages or policies required under this Agreement. Other than medical malpractice insurance, County shall insure the Weld Coroner/Medical Examiner, the Deputy Coroner/Medical Examiners, investigators, and clerical staff under the County's property, casualty and liability insurance coverage as an agent of County in the performance of all acts within the scope of the specific position held for Weld County. SECTION IX - TERMINATION A. For Cause County may exercise the following remedial actions, in addition to all other remedial actions authorized by law, should it find Contractor substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by Contractor. These remedial actions are as 7 follows: 1. Withhold payment to Contractor until the necessary services or corrections in performance are satisfactorily completed; 2. Require the removal of employees and/or agents of Contractor whom the Weld Coroner/Medical Examiner deems unsuitable or not in the best interests of the Weld Coroner/Medical Examiner's Office to continue providing services under this Agreement; and/or 3. Deny payment or demand reimbursement for those services or deliverables that have not been performed and, which, due to circumstances caused by Contractor, cannot be performed or, if performed, would be of no value to County. 4. Incorrect payments to Contractor due to omission, error, fraud, misuse and/or embezzlement of funds shall be recovered from Contractor by deduction from subsequent payments under this Agreement, or by County as an amount eligible for collection by County, or as otherwise provided by law. If Contractor fails to fulfill in a timely and proper manner its obligations under this Agreement, or if Contractor violates any of the covenants, agreements, or stipulations of this Agreement, County shall notify Contractor of such deficiency in writing. Said writing shall set forth the deficiency and what steps or procedures would be acceptable to cure said deficiency. Contractor shall have sixty (60) days to cure the deficiency. If County determines at the end of the sixty (60) day period that Contractor's remedies are not sufficient, County shall have the right to terminate this Agreement by giving written notice to Contractor of such termination and specifying the effective date thereof at least five(5) days before the effective date of termination. If County violates any of the covenants, agreements, or stipulations of this Agreement, Contractor shall notify County of such deficiency in writing. The writing shall set forth the deficiency, and detail the steps or procedures necessary to cure the deficiency. If County does not cure the deficiency within sixty (60) days of the date of the notice, Contractor shall have the right to terminate the Agreement by giving written notice to County of the termination and specifying the effective date thereof at least five (5) days prior to the effective date of the termination. B. For Convenience County or Contractor 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. If the Agreement is terminated by County, Contractor shall be paid an amount that bears the same ratio to the total compensation as the services actually performed bear to the total services Contractor was to perform under the Agreement, less payments previously made to Contractor under the Agreement. 8 SECTION X - 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, Contractor agrees to strictly adhere to all applicable federal, state and local laws, rules and regulations, including all licensing and permit requirements. The parties hereto aver that they are familiar with section 18-8-301, et. seq., C.R.S. (Bribery and Corrupt Influence) as amended, and section 18-8-401, et.seq., C.R.S. (Abuse of Public Office), as amended, and that no violation of such provisions is present. C. Record Retention Contractor 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 Contractor, wherever located, shall remain the sole property of Contractor. County shall be the owner of all official Weld County Coroner/Medical Examiner records, and Coroner/Medical Examiner shall be considered the custodian thereof during the term of this Agreement. D. Confidentiality Contractor 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 Contractor'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 Contractor without the prior written consent of the County. The parties anticipate that in the near future, Dr. Allen will become a member of a newly formed entity, and may wish to assign this Agreement to that entity. Dr. Allen will notify County at such time that Dr. Allen wishes to make such assignment. 9 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. G. Force Majeure 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's Office 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 Contractor: Patrick C. Allen, M.D. P.O. Box 419 Loveland, Colorado 80539 Phone: (970) 635-4125 or 4126 Facsimile: Integration of Understanding This Agreement contains the entire understanding of the parties hereto and neither it, nor 10 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. 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. 0. 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 11 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: COUNTY OF WELD Weld County C erk to the Boar �y .• ' t 1861 fazattsre t C By �i7 //. ii �� .A!� ice_ i. jT� Deputy terk to the Boa N14 Dou• as Rade acher, Chair Board of County Commissioners of the County of Weld CONTRACTOR: Patrick C. Allen, M.D. SUBSCRIBED AND SWORN TO before me this 3 L' d f May, 2010. WITNESS my hand and official seal. N ary Pub • s 4 My commi iagepires: ()\ 1 111 sesr ei:' OA /- '•.c``s is !- -as 12 I hereby accept the appointment of Weld Coroner/Medical Examiner and agree to fully execute the legal duties of such office, in accordance with the provisions set forth in the Colorado Revised Statutes, the Colorado Code of Regulations, and the Weld County Home Rule Charter during the term of such appointment. I also agree to perform the duties of Weld Coroner/Medical Examiner as detailed in this Agreement during such appointment. I understand that the Board of County Commissioners of Weld County has the authority under the Weld County Home Rule Charter to end such appointment at any time. /key /4phr Patrick C. Allen, M.D. SUBSCRIBED AND SWORN TO before me this 26 day of May, 2010. WITNESS my hand and official seal. ,i��u,riingrerrr Not ry Publi My Com> `,ei PAS,,,9l 21 \I I rV� nIA ?Pk`VFr1 Os .* z 4:‘,4; rl.lL •/ggqilil:l V1�•� ` 13 Hello