HomeMy WebLinkAbout20023208.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PHYSICIAN ADVISOR 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 Physician Advisor
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 E911 Authority Board, and North
Colorado Emergency Physicians, P.C., with 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 Physician Advisor 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 E911 Authority Board, 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 18th day of December, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
Wye_ C ORADO
ATTEST: j j4 - -1,,,/d E USED A GNING (AYE)
err le aad, hair
Weld County Clerk to the ; :r� ,yr �� i
. David E. L g, Pro-Tem
BY: t, . • I .:rI °. 44 '_
Deputy Clerk to the Boar�.� /a_ L-� L' S
M. J. Bile
APPROVED AS TO FORM: EXCUSED
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William H. Jerke
' , .1 --\ - -."---2---7 ___, wa______
County Attorney ____
EXCUSED DATE O SIGNING`' (AYE)
Robert D. Masden
Date of signature: PV Robert
2002-3208
CM0014
00 . 001, , /VEEP
AGREEMENT FOR PHYSICIAN ADVISOR SERVICES
THIS AGREEMENT is made and entered into this lV&day of T r ,,,h, - , 2002,
by and between the WELD COUNTY E-911 AUTHORITY BOARD ("E-911 Board"), and
NORTH COLORADO EMERGENCY PHYSICIANS, P.C., a Colorado Professional
Corporation("NCEP").
BACKGROUND INFORMATION
A. The E-911 Board deems it advisable to obtain the services of a Physician Advisor
to assist and monitor the activities of dispatchers providing E-911 dispatch services in Weld
County ("Dispatchers"); and
B. E-911 Board desires to obtain from NCEP the said required services as more
particularly set forth below, for the said Dispatchers, 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, E-911 Board 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 from the date of its
signing, and shall automatically renew from year to year, unless sooner terminated pursuant to
the provisions hereinafter set forth.
3. Physician Services. The parties agree that the services to be rendered by NCEP
consist of a physician, to be jointly approved by the parties, to provide and maintain current
protocols, where necessary, and to perform quality assurance and assist and monitor the
performance of the Dispatchers. NCEP additionally agrees that to provide the above set forth
services, NCEP shall perform the following, including, but not limited to:
A. Provide authorization for Dispatchers. Upon the request of the City of Greeley,
NCEP will provide authorization for Dispatchers, while they are on duty at the Weld County
Regional Communications Center(s) ("the Dispatch Center(s)"), at any time twenty-four (24)
hours per day, every day of the year, to render advice following established medical protocol
while they are performing tasks within the specified medical responsibility of the Physician
Advisor and/or medical protocols of the Dispatch Center system which have been previously
specified or approved by Physician Advisor.
B. Physician Advisor. The Physician Advisor, who shall be jointly agreed upon by
the parties, and under whose medical license the Dispatchers may be authorized to perform
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medical protocols, 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 E-911 Board in a written form consistent with the existing draft
of said protocols.
(2) At the direct request of the Director of E-911 Board, the Physician Advisor shall
work with the Director(a) in reviewing and recommending the use and purchase of equipment
and supplies for the Dispatch Center; (b) in developing a system for problem identifications,
resolution and incident record keeping; (c) In developing a system of review and verification of
performance of Dispatchers; and (d) In developing a system for auditing or reviewing adherence
to specified medical protocols as necessary.
(3) Periodic critique of calls responded to by Dispatchers.
(4) A system for the institution, evaluation and enforcement of quality controls for
Dispatchers following the medical protocols provided by the Physician Advisor. Deviations
from established protocols shall be communicated in writing by the Physician Advisor to the
Director of the E-911 Board.
(5) The Physician Advisor shall work with the Director in evaluating the performance
of E911 Dispatch Services and may make recommendations to Director regarding the
performance of any Dispatcher's work. Both parties acknowledge that Dispatchers are employed
by the City of Greeley, and the Physician Advisor has no authority to recommend any type of
disciplinary action or perform personnel evaluations on dispatchers. Nothing contained herein
shall require Physician Advisor to supervise Dispatchers who are determined to be incompetent
as documented to E-911 Board by NCEP, and nothing contained herein shall require Physician
Advisor to supervise any Dispatcher for any reason.
(6) The Physician Advisor agrees to provide other administrative services that may be
set forth hereinafter, or which may be required by statute or other applicable law, or to which the
parties may agree.
4. Designation of Physician Advisor. The parties agree that the individual to
perform the above set forth services as Physician Advisor shall be James Campain, M.D. All
physicians providing services under this Agreement shall meet or exceed all of the qualifications
and all requirements for physician advisors for Emergency Medical Technicians by Colorado law
and the Rules and Regulations of the Colorado Department of Public Health and Environment
which may be appropriately applied in the supervision of Dispatchers. If at any time Dr.
Campain is unable, or no longer agrees to perform the services of Physician Advisor, the parties
shall mutually agree upon another individual to be designated to perform the services of
Physician Advisor.
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5. Comnensation. In consideration of the services to be provided by NCEP as set
forth in this Agreement, E-911 Board agrees to pay NCEP as follows:
The Physician Advisor's services shall be paid to NCEP at the rate of$100.00 per hour,
for a maximum of five (5) hours per month for the first six (6) months after this Agreement is
signed, and then a maximum of three (3) hours per month for each month thereafter. NCEP shall
bill E-91 I Board for Physician Advisor services under this subsection on a monthly basis, with
supporting documentation attached. E-911 Board 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, E-911 Board shall return the statement to NCEP
with a request for the appropriate clarification. As soon as the billing statement is adequately
clarified, E-911 Board 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, Physician Advisor 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 Physician Advisor's 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 Reeardina Insurance. Each party shall, upon request, provide to the
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 E-911 Board. Upon the default or breach of any term or provision of
this Agreement by E-911 Board, NCEP shall promptly notify E-911 Board 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, E-911 Board shall promptly notify NCEP of the actions which have caused
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such default or breach. If such default or breach is not cured within thirty (30) days after the
delivery of such notice, E-911 Board may, at its election, declare this Agreement to be null and
void, or proceed to seek any remedies to which it may be entitled under the law.
( C) Termination by E-911 Board. Except as otherwise herein provided, E-911 Board
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. Except as otherwise herein provided, 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 E-911 Board. 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
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:
E-911 Board: John Baker
Weld County Regional Communications Center
915 Tenth Street
Greeley, Colorado 80631
FAX:
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.
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12. Budget Constraints. Nothing in this Agreement shall be construed to require the
Weld County E-911 Authority Board, the City of Greeley, or the Board of County
Commissioners for Weld County to provide funding not already budgeted.
13. 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.
IN WITNESS WHEREOF, the parties have hereunto set their hand and seals the day and
year above set forth.
WELD COUNTY E-911
AUTHORITY BO WITNESS:
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BY: k . L./414w s ta
Cha,lmw.O e ' dewed BY: ,eF/v/
Corporate Secretary
NORTH COLORADO EMERGENCY
PHYSICIANS,P.C.
BY: gg.bdrf. t. 'D...yid 2r .tit).
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THE CITY OF LEY, COLORAI Q), S
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ONALe'sai.1
Mayor E �\ /" 't - A . AbotthJ
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APPROVED AS TO SUBSTANCE: APPROVED AS TO L G FORM:
By: %ACC,7�
City Manager'' City ty
AVAILABILITY OF FUNDS:
By:
Director of Finance
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ATTEST: gisiltgab' 1 -'^, BOARD OF COUNTY COMMISSIONERS
C;)' WELD COUNTY,COLORADO
Weld County Clerk to th so I%
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, SLY Nv\\c� Glenn Vaa , Chair 12/2602-)
BY:
Deputy Clerk to the Board
K---t
APPROVED AS TO FORM:
C unty Attorney
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