HomeMy WebLinkAbout20101324.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR MEDICAL DIRECTOR SERVICES AND AUTHORIZE
CHAIR TO SIGN - NORTH COLORADO EMERGENCY PHYSICIANS, P.C.
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 Director Services
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 Paramedic Service, and North
Colorado Emergency Physicians, P.C., commencing July 1, 2010,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 Agreement for Medical Director Services 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 Paramedic Service, and North Colorado Emergency Physicians, P.C., 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 21st day of June A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD C Y, ((COLORADO
ATTEST: 7, ' • �
M 18 t.W tw-
Dou as Ra 'ocher, Chair
Weld County Clerk to - - r�Q a �
ryu�d� EXCUSED
• �� Barbara Kirkmeyer, Pro-Tem
BY:
Deputy Clerk o the Boar: ►r c 6-"
Sean P. y
P.
,
APP ED A F M:
W am F. Garcia /r,
unt orney < d�
David E. Long
Date of signature: 1 /Z7
\ or A' a 6 bla llo CC. . API 2010-1324
Up Bass't '1° AM0020
AGREEMENT FOR MEDICAL DIRECTOR SERVICES
THIS AGREEMENT is made and entered into this Oilday of NjLU'1 E , 2010,
by and between the Board of Commissioners for the County of Weld, State of Colorado, on
behalf of the WELD COUNTY PARAMEDIC SERVICE (WCPS), and NORTH COLORADO
EMERGENCY PHYSICIANS, P.C., a Colorado Professional Corporation (NCEP).
BACKGROUND INFORMATION
A. The Emergency Medical Services Act, Section 25-3.5-101 C.R.S., et. seq., and
regulations promulgated pursuant thereto, require emergency medical and ambulance services to
obtain the services of a Medical Director to supervise the activities of certain employees of
emergency medical and ambulance services; and
B. WCPS desires to obtain from NCEP the said required services as more
particularly set forth below, for the Emergency Medical Technicians (EMTs), whether they are
EMT-Basics (EMT-Bs), EMT-Intermediates (EMT-Is), or EMT-Paramedics (Paramedics), and
NCEP desires to provide said services.
C. The parties wish to reduce their agreement to writing.
NOW THEREFORE, for and in consideration of the promises and mutual agreements
contained herein, WCPS and NCEP agree as follows:
1. Recitals. The above stated recitals are incorporated as though fully set forth
herein.
2. Term of Agreement. This Agreement shall be effective on the date of its
signing, and is intended to cover the period from July 1, 2010 through December 31, 2010. This
Agreement shall automatically renew on January 1, 2011, and thereafter, automatically renew
from year to year, unless sooner terminated pursuant to the provisions hereinafter set forth.
3. Medical Director Services. The parties agree that the services to be rendered by
NCEP consist of"on-line" medical control and advice, as well as a physician to be jointly
approved by the parties to perform quality assurance and monitor the performance of the
Emergency Medical Technicians for whom the designated physician agrees to be responsible,
pursuant to the Medical Director requirements as set forth in Colorado law and regulations, and
as stated herein. NCEP therefore agrees to provide the above set forth services, including, but
not limited to, the following:
A. On-Line Service. (1). Twenty-four(24) hours per day, every day of the year,
supervision of EMTs on duty with WCPS while they are performing tasks within the specified
medical responsibility of the Medical Director and/or medical protocols of WCPS which have
been previously specified or approved by Medical Director.
1
2010-1324
14)1 0(7??-0
(2) Critique of field cases on presentation in the emergency department of North
Colorado Medical Center.
B. Medical Director. The Medical Director, who shall be jointly agreed upon by the
parties, and under whose medical license the EMTs are able to be employed by the WCPS, shall
be responsible for the following requirements, which shall include, but not be limited to:
(1) Ongoing review and modification, if necessary, of any and all medical protocols
which have been previously specified or approved. Any changes of said protocols shall be
communicated to the Director of WCPS in a written form consistent with the existing draft of
said protocols.
(2) At the direct request of the Director of WCPS, the Medical Director shall work
with the Director (a) in reviewing and recommending the use and purchase of equipment and
supplies of the Paramedic Service; (b) in developing a system for problem identifications,
resolution and incident record keeping; ( c) In developing a system of review and verification
of skills and performance of EMTs; and (d) In developing a system for auditing or reviewing
adherence to specified medical responsibility and medical protocols as necessary.
(3) Periodic critique of calls responded to by EMTs.
(4) Direct observation of EMT skills both in the field and/or in the emergency
department of North Colorado Medical Center. Field observations are to be conducted on a
random basis for a period of at least two hours each month.
(5) Audit of field responses through use of trip report forms, radio communications
and incident reports.
(6) Monitor and maintain a system for the institution, evaluation and enforcement of
quality controls of EMTs operating under the medical license of the Medical Director, which
includes a written report of approval of EMT performance, submitted to the Director of WCPS,
for each new EMT employee, or of each EMT currently employed by WCPS who desires to be
approved at a different EMT level, after the completion by such EMTs of the field instructor
program.
(7) Trip report reviews on problem cases will be scheduled by the Medical Director
on a monthly basis with the Director, the Operations Manager, and the Medical Operations
Supervisor in charge of quality assurance. Deviations from established standards of care and/or
protocols shall be communicated in writing to the Director of WCPS.
(8) The Medical Director shall work with the Director in evaluating the performance
of the EMTs and shall make recommendations to Director regarding retention or suspension of
EMTs employed by WCPS. Nothing contained herein shall require Medical Director to
supervise EMTs who are determined to be medically incompetent as documented to WCPS by
the designated Medical Director or by NCEP, and nothing contained herein shall require Medical
2
Director to supervise an EMT for any reason.
(9) The Medical Director agrees to provide other administrative services that may be
set forth hereinafter, or which may be required by statute, or to which the parties may agree.
4. Designation of Medical Director. The parties agree that the individual to
perform the above set forth services as Medical Director shall be Benji Kitigawa, M.D. The
on-line services shall be provided by physicians to be designated by NCEP. All physicians
providing services under this Agreement shall meet or exceed all of the qualifications and
requirements of Colorado law and the Rules and Regulations of the Colorado Department of
Public Health and Environment. If at any time Dr. Kitigawa is unable, or no longer agrees to
perform the services of Medical Director, the parties shall mutually agree upon another
individual to be designated to perform the services of Medical Director.
5. Compensation. In consideration of the services to be provided by NCEP as set
forth in this Agreement, WCPS agrees to pay NCEP as follows:
(A) One dollar ($1.00) for each emergency call received from the WCPS service area,
based upon the total number of case reports received by the Weld County Regional
Communications Center from the CAD system for the previous calendar year, divided by 12.
The amount derived from this formula shall be paid by WCPS to NCEP on the last day of each
calendar month during the term of this Agreement.
(B) The Medical Director's services shall be paid to NCEP at the rate of$150.00 per
hour, for a maximum of 24 hours per month. NCEP shall bill WCPS for Medical Director
services under this subsection (B) on a monthly basis, with supporting documentation attached.
WCPS agrees to pay all properly billed services within thirty days of receipt. If there is a
question about a billing, or the statement does not contain adequate supporting documentation,
WCPS shall return the statement to NCEP with a request for the appropriate clarification. As
soon as the billing statement is adequately clarified, WCPS agrees to pay such billing statement
within thirty (30) days of receipt.
6. Insurance.
(A) Liability Insurance. Each party shall maintain liability insurance coverage or
financial responsibility as assurance of its accountability for any losses, claims, liabilities, or
expenses that may be incurred as a result of the performance of this Agreement.
(B) Professional Liability Insurance. Each party shall maintain professional liability
insurance coverage of not less than $1 million per incident and $3 million per aggregate, or the
amounts that are required for each party's respective profession, whichever is higher.
(C) Worker's Compensation. Each party shall be responsible for maintaining and
providing coverage where necessary, for that party's employees, representatives, or agents.
(D) Information Regarding Insurance. Each party shall, upon request, provide to the
3
other party information regarding relevant insurance and/or financial responsibility pursuant to
this Agreement. In the event that the insurance coverage for that party is canceled in whole or
in part or is no longer available, either party may elect to immediately terminate this Agreement
in whole or in part. If this Agreement is so terminated, the terminating party must give notice to
the other party as hereinafter set forth, within three days.
7. Default and Termination.
(A) Default by WCPS. Upon the default or breach of any term or provision of this
Agreement by WCPS, NCEP shall promptly notify WCPS of the actions which have caused such
default or breach. If such default or breach is not cured within thirty (30) days after the delivery
of such notice, NCEP may, at its election, declare this Agreement to be null and void, and
proceed to seek any remedies to which it may be entitled under the law. If such a breach or
default is the non-payment of compensation described in Paragraph 5 above, and the amount is
not disputed, and such payment is not made within the thirty day cure period, such payment shall
accrue interest at the rate of eighteen percent(18%) per annum from the due date of such
payment until such payment is made.
(B) Default by Physicians. Upon the default or breach of any term or provision of
this Agreement by NCEP, WCPS shall promptly notify NCEP of the actions which have caused
such default or breach. If such default or breach is not cured within thirty (30) days after the
delivery of such notice, WCPS may, at its election, declare this Agreement to be null and void
and proceed to seek any remedies to which it may be entitled under the law.
If at any time during the term of this Agreement, NCEP no longer is contracted or
employed by North Colorado Medical Center to provide emergency room medical services, the
parties agree that Dr. Kitigawa and NCEP shall be permitted thirty (30) days after NCEP loses
its affiliation with NCMC, either through employment or contract, but prior to the final
termination of its agreement to provide services to NCMC, to otherwise qualify for the position
of Medical Director pursuant to the provisions of Colorado law and regulations, in order to
continue this Agreement.
( C) Termination by WCPS. WCPS may terminate this Agreement for any reason, so
long as sixty (60) days written notice of its intent to so terminate is given to NCEP. If this
Agreement is so terminated, NCEP shall receive that compensation which duly reflects the actual
amounts due and owing for services provided.
(D) Termination by NCEP. NCEP may terminate this Agreement for any reason, so
long as sixty (60) days written notice of its intent to so terminate is given to WCPS. If this
Agreement is so terminated,NCEP shall be compensated for the services provided by NCEP up
to the date of termination.
8. Notices. Notices and requests required by and given in connection with this
Agreement shall be in writing and deemed given as of the day they are received by (a) hand
delivery, (b) overnight mail, (c) in the United States mail, postage prepaid, certified and return
receipt requested, or (d) confirmed facsimile, and addressed to the parties at the addresses set
4
forth in this Agreement until such time as written notice of a change is received from the party
wishing to make a change of address.
NCEP:North Colorado Emergency Physicians, P.C.
P.O. Box 5180
Greeley, Colorado 80631
Fax: (970)
WCPS:Dave Bressler, Director
Weld County Paramedic Service
1121 M Street
Greeley, Colorado 80631
Fax: (970)
9. Amendment. This Agreement constitutes the entire Agreement between the
parties. Any oral representations or modifications concerning this Agreement shall be of no
force and effect unless contained in a subsequent written modification, dated and signed by the
parties. This Agreement may be amended at any time by mutual agreement of the parties, but
any such amendment must be in writing and dated and signed by the parties.
10. No Assignment. This Agreement may not be assigned without first obtaining
the consent of the non-assigning party.
11. Severability. If any term or condition of this Agreement shall be held to be
invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such a
provision, to the extent this Agreement is capable of execution within the original intent of the
parties.
12. Budget Constraints. Nothing in this Agreement shall be construed to require
the Board of County Commissioners for Weld County to provide funding not already budgeted.
13. No Waiver of Immunities. Notwithstanding any other provision
contained
herein to the contrary, WCPS does not waive any immunities to which it is entitled under law.
14. No Third Party Enforcement. It is expressly understood and agreed that
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 contained in
this Agreement shall give or allow any claim or right of claim 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 deemed an incidental beneficiary only.
5
IN WITNESS WHEREOF, the parties have hereunto set their hand and seals the day and
year above set forth.
BOARD OF COUNTY COMMISSIONERS ' �, %1% -
FOR THE COUNTY OF WELD,
qJ
STATE OF COLORADO ATTEST:
O 1981
Weld County Clerk tot Board
( qr
By: Do las Rad macher, Chair !!
By: Deput erk to the Board
NORTH COLORADO EMERGENCY
PHYSICIANS, P.C. Approved as to substance:
le-}f7 )4v--
ave Bressler, Director, WCPS
By: nI
6
o?v'o-/3a7Y
Hello