HomeMy WebLinkAbout800422.tiff RESOLUTION
RE: APPROVAL OF AGREEMENT BETWEEN THE WELD COUNTY AMBULANCE SERVICE
AND EMERGENCY SERVICES PROFESSIONALS AND AUTHORIZATION FOR
CHAIRMAN TO SIGN THE SAME.
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 Emergency Medical Services Act, Section
25-3 . 5-101, et seq. , C.R.S . 1973, and regulations promulgated
pursuant thereto require the Weld County Ambulance Service to
obtain the services of a Physician Advisor, and
WHEREAS, an agreement between the Weld County Ambulance
Service and Emergency Services Professionals concerning the pro-
viding of such services has been prepared, and
WHEREAS, the initial term of said agreement shall be from
July 1 , 1980 through December 31, 1981, and
WHEREAS, the Board of County Commissioners has studied said
agreement and deems it advisable to approve the same.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the agreement between
the Weld County Ambulance Service and Emergency Services Profes-
sionals be, and hereby is, approved .
BE IT FURTHER RESOLVED by the Board of County Commissioners
that the Chairman of the Board 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 8th day of
December, A.D. , 1980 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: /1 f , .. . WELD COUNTY, COLORADO
Weld County Clerk and Recorder f, // /7( c /v
and-clerk to the Board C . W. Kirby, Chairman
BY: -' c 3, -,"vG(L (,A-ZGJ (Li
MksttQAc P.
jeputy Cou y Clerk I ---- eonard L. Roe, Pro-Tem
APPRO D AS TO FORM:
C C- I Norman Carlson
__ dy. .,„ O ,n
County Attorney _ .CV tyt�as
i Dunbar
T ( ne K. Ste nmar
/ J0041-
ch"+ �y DATE PRESENTED: DECEMBER 8 , 1980
AGREEMENT
THIS AGREEMENT is made and entered into this 3rd day of
December , 1980 , by and between THE WELD COUNTY AMBULANCE
SERVICE, a Department of Weld County, Colorado, hereinafter
referred to as "Ambulance Services, " and EMERGENCY SERVICES
PROFESSIONALS, a Colorado General Partnership, hereinafter
referred to as "Physicians. "
WITNESSETH:
WHEREAS , the Emergency Medical Services Act, Section
25-3 . 5-101, et seq. , C.R.S . 1973, and regulations promulated
pursuant thereto, require the Ambulance Services to obtain the
services of a Physician Advisor to supervise the activities of
certain employees of Ambulance Services; and
WHEREAS, Physicians have been informally providing such
services since July 1, 1980, and
WHEREAS , Physicians and Ambulance Services desire to enter
into a written contract whereby Physicians would act as
Physician Advisor pursuant to said statute and regulations,
effective from July 1, 1980.
NOW, THEREFORE, for and in consideration of the promises
and mutual agreements contained herein, Ambulance Services and
Physicians hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective
from July 1, 1980, regardless of the execution date hereof,
through December 31, 1981. Additionally, this Agreement shall
be automatically renewed for two successive one-year periods
subsequent to December 31, 1981 unless terminated prior thereto
pursuant to Paragraph 6, hereinbelow.
2. Compensation. In consideration of the services to be
provided by Physicians as set forth hereinafter, Ambulance
Services agrees to pay Physicians the sum of Twenty Thousand
Dollars ($20 , 000 . 00) for the initial term of this Agreement.
Said sum shall be paid in twelve equal monthly installments of
One Thousand Six Hundred Sixty-Six Dollars and Sixty-Seven Cents
($1, 666 . 67) due and payable on the last day of each month be-
ginning January 31 , 1981 . If this Agreement is renewed as pro-
vided in Paragraph 1 above, compensation for each renewal term
shall also be Twenty Thousand Dollars ($20 , 000 .00) and shall be
paid in twelve equal monthly installments , due on the last day
of each month of the term.
3 . Physician Services . Physicians agree to provide the
following services :
A. Professional Services Pursuant to Statutory
Requirements . Physicians agree to provide the following pro-
fessional medical services in order to meet the statutory re-
quirements through the Physician Advisor or his designee:
(1) Twenty-four hour per day supervision of
Emergency Medical Technicians (hereinafter "EMTs") on duty with
Ambulance Services while they are performing tasks within the
specified medical responsibility of the Physician Advisor and/or
medical protocols of Ambulance Services which have been pre-
viously specified or approved by Physicians .
(2) A system for the institution, evaluation and
enforcement of quality controls of EMTs operating under the
medical license of. the Physician Advisor .
(3) Direct observation of EMT skills both in the
field and in the emergency department of Weld County General
Hospital
(4) Audit of field responses through use of trip
report forms, taped radio communications and incident reports .
(5) Critique of field cases on presentation in
the emergency department of Weld County General Hospital .
(6) Periodic critique of calls responded to by
EMTs .
(7) Regular continuing education for EMTs con-
sistent with guidelines for recertification of the Emergency
Medical Services Division, Colorado Department of Health.
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(8) Other adminstrative services set forth here-
inafter which may be required by statute.
B. Naming of Physician Advisor. Physicians shall
designate in writing the Physician Advisor. Said Physician
Advisor shall meet or exceed all of the qualifications and re-
quirements of Colorado law and the Rules of the Colorado Depart-
ment of Health. Upon ten (10) days prior notice, Physicians may
redesignate the Physician Advisor. At all times the Physician
Advisor shall be responsible for carrying out the terms of this
Agreement on behalf of Physicians . However, when the Physician
Advisor is not on duty, his duties , responsibilities and obliga-
tions may be delegated to any designee who shall also meet or
exceed the qualificaitons and requirements of Colorado law and
the Rules of the Colorado Department of Health.
C. Administrative Services, Policy and Protocols .
(1) Physicians and Ambulance Services hereby ac-
knowledge and agree that EMTs and their support personnel pro-
vided by Ambulance Services are not employees of Physicians .
Additionally, the parties hereby acknowledge and agree that
Physicians are not employees of Ambulance Services , but are pro-
viding physician services as an independent contractor .
(2) The Director of Ambulance Services will work
with the Physician Advisor (a) in coordinating activities be-
tween Ambulance Services , Physicians and Weld County General
Hospital and other institutions with which there are significant
medical contacts; (b) in implementing and facilitating the medi-
cal responsibility of Physician Advisor, administrative rules,
regulations and procedures and policies for performance of EMT
duties and Ambulance Services which have been defined by the
Physician Advisor, and, (c) in reviewing and recommending changes
in the above-stated activities .
(3) The Physician Advisor shall work with the
Director (a) in reviewing and recommending the use and purchase
of equipment and supplies of Ambulance Services; (b) in
developing a system for problem identifications , resolution and
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incident record keeping; (c) in developing a system of review
and verification of skills and performance EMT' s; and (d) in
developing a system for auditing or reviewing adherence to speci-
fied medical responsibility and medical protocols as necessary.
(4 ) The Physician Advisor shall work with the
Director in evaluating the performance of the EMTs and shall
make recommendations to Director regarding retention or suspen-
sion of EMT' s employed by Ambulance Services . Nothing contained
herein shall require Physicians to supervise EMT' s who are de-
termined to be medically incompetent as documented to Ambulance
Services by Physicians.
D. Limitations - Liabilities . Physicians shall not be
responsible or liable for acts or omissions or failure to act by
EMTs that are not within the scope of providing medical services
pursuant to, or which are in violation of, specified medical
responsibilities and/or medical protocols which have been pre-
viously approved by the Physician Advisor. Accordingly, Ambulance
Services agrees to indemnify and hold Physicians harmless from
any and all liability incurred by acts or omissions or failure
to act by EMTs that are not within the scope of providing medi-
cal services pursuant to, or which are in violation of, specified
medical responsibilities and/or medical protocols as previously
approved by the Physician Advisor.
4 . Administrative Support. In furtherance of the purpose
of this Agreement, Ambulance Services agrees to provide reason-
able secretarial and other ancillary support as may be required
by Physicians .
5. Non-Assignment. This Agreement shall not be assignable
without the prior written consent of Ambulance Services or
Physicians , as the case may be.
6. Default and Termination.
A. Default By Ambulance Service. Upon the default or
breach of any term or provision of this Agreement by Ambulance
Services, Physicians shall promptly notify Ambulance Services
of the actions which have caused such default or breach. If
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such default or breach is not cured within thirty (30) days after
the delivery of such notice, Physicians 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 2 above, 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 Physicians , Ambu-
lance Services shall promptly notify Physicians 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, Ambulance Services may, at its election, declare
this Agreement to be null and void and proceed to seek any reme-
dies to which it may be entitled under the law.
C. Termination By Ambulance Services . Ambulance Service
may terminate this Agreement for any reason effective December
31, 1981 or December 31, 1982, so long as sixty (60) days written
notice of its intent to so terminate is given to Physicians.
Ambulance Services may terminate this Agreement at any other time
for good cause shown by giving sixty (60) days written notice to
Physicians of its intent to so terminate. Good cause shall be
defined as the taking of actions or the omission or failure to
act by Physicians , which actions or omissions would prevent,
prohibit or restrict Ambulance Services in the provision of
ambulance services or emergency medical services commensurate with
those provided by other ambulance services within the State of
Colorado, irreconcilable policy differences relating to the pro-
vision of professional or administrative services as herein before
set forth, inability of Physician to provide the above described
services or the uncured breach of any other provision of this
Contract. If this Agreement is so terminated, Physicians shall
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receive that compensation which duly reflects the actual number
of months during which Physicians provided the services of the
Physician Advisor .
D. Termination By Physicians. Physicians may terminate
this Agreement by giving sixty (60) days written notice to Ambu-
lance Services solely as a result of the non-payment of compen-
sation, irreconcilable policy differences relating to the pro-
vision of professional or administrative services as herein before
set forth, inability of Physician to provide the above-described
services or the uncured breach of any other provision of
this Contract. If this Agreement is so terminated, Physicians
shall be compensated on a pro rata basis for the services pro-
vided by the Physician Advisor up to the date of termination.
7 . Notices . All notices and other communications required
hereunder shall be in writing and shall be deemed to be delivered
to the party to whom it is addressed when such notice or other
communication, addressed to such party as set forth below (or
such other address as the party shall subsequently provide) is
delivered, either by hand evidenced by a receipt, or sent by
registered or certified mail, return receipt requested, postage
prepaid.
PHYSICIANS :
Emergency Services Professionals
2682 SouthKearney Street ? /
Denver, Colorado 80222
AMBULANCE SERVICES :
Weld County Ambulance Services
% Weld County Board of County Commissioners
915 Tenth Street
Greeley, Colorado 80631
8 . Amendment. This Agreement constitutes the entire Agree-
ment between the parties . Any oral representations or modifica-
tions 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 .
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9 . Illegality. The invalidity or unenforceability of any
portion or provision of this Agreement shall not affect the vali-
dity or enforceability of any other portion hereof, nor shall
Physicians ' or Ambulance Services ' implied or express consent to
the breach or waiver of any provision of the Agreement constitute
a waiver of such provision as to any subsequent breach.
10 . Inurement. This Agreement shall inure to the benefit
of the heirs, assigns and successors in interest of the parties
hereto.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals this 8th day of December , 1980.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ' WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board /
By: "�`, �1r i �
/
C. W. K by, 'Chairman
By: n«tie ac
! deputy County, Clerk
�. EMERGENCY SERVICES PROFESSIONALS
By:
Fr derick K. Sey e , M.D.
Managing Partner
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PLATTE VALLEY AMBULANCE SERVICE, INC.
A Colorado Non Profit Corporation
an-AM = 1795 EGBERT STRF L.-
BRIGHTON, COLORADO 80601 ',le . z
November 26 , 1980 % \aN
en' 9' r
�c>
Board of County Commissioners ‘+ /, •
Weld County Centennial Building
Greeley, Colorado 80631
Dear Members of the Board:
I am Cor Leader of the Platte Valley Ambulance Service, Inc.
Brighton, Colorado, (Platte Valley) . It has come to the atten-
tion of our ambulance service that Weld County Board of County
Commissioners is intending to fund a new ambulance service for
the Southeast Weld County area. We wish to protest this develop-
ment as a duplication of an already existing and functioning am-
bulance service .
The Platte Valley Ambulance Service, Inc . was incorporated
in 1972 as a non-profit corporation to deliver ambulance service
to the Brighton, Fort Lupton, Hudson and Keenesburg areas . Cit-
izens from Fort Lupton and Brighton are members of the Board of
the Corporation. Also this Corporation has approximately 1000
paid members of which approximately 300 are located in the Fort
Lupton, Hudson, Keenesburg areas. Membership consists of an
annual payment of $15. 00 which provides free ambulance services
for a year not covered by Medicare or insurance. Since 1972
this Ambulance Service has worked well, and has not required the
financial aid of any governmental entity except for mutual in-
surance coverages with the City of Brighton.
To deliver ambulance service, we have an ambulance building
sufficient to house our equipment and train our personnel. Three
(3) ambulances, the newest of which is a 1980 ambulance , paid para-
medic personnel and many volunteer emergency medical technicians
and drivers who spend countless thousands of hours providing high
quality ambulance service. This year we will answer approximately
1200 ambulance calls from every part of the Brighton, Fort Lupton,
V -C. R E.v Printing,Brighton,Colo.
Board of County Commissioners
November 26, 1980
Page No. 2
Hudson, Keenesburg and Roggen areas. As a part of our service
we deliver patients to the Weld County Hospital in Greeley, if
they so request.
We protest the formation of an additional ambulance ser-
vice in our service area for the following reasons :
1. Our members in the Weld County area depend upon us to
provide them with ambulance service and a new and different am-
bulance service will be confusing and an unnecessary duplication
of services .
2. We depend upon the financial support of our Weld County
members and it will adversely affect us if our members do not
continue to support us and depend upon our ambulance service .
3. We believe Platte Valley is better able to provide high
quality service to the Weld County area. Recently we have in-
troduced a paid para-medic system of attendants in cooperation
with the Brighton Community Hospital to deliver the highest and
best ambulance service . If we lose the support of our Weld
County members the whole area will suffer a loss.
4. We believe it is more economical for Platte Valley to
provide service to the area than an ambulance service from
Greeley which would out of necessity need to expend funds for
housing, ambulances, and para-medic personnel. Our cooperative
arrangement with the Brighton Hospital will reduce the costs and
make the services more economical . We believe no other ambulance
service could duplicate this economy. If our Weld County support
is severed, this economical feature will not be as attractive,
and citizens of both areas (Weld and Adams) will suffer.
5 . Modern ambulance service demands good equipment and
trained personnel both of which Platte Valley now has. It also
Board of County Commissioners
November 26, 1980
Page No. 3
needs public support which Platte Valley has worked earnestly
over the years to obtain. Now after having good public accept-
ance in Weld County and elsewhere it is disappointing to face
the prospect that a proposed Southern Weld County ambulance
would destroy this public acceptance.
6 . We would lose some financial commitments from public
entities in Weld County were a new and different ambulance
service to be formed.
We request the Weld County Commissioners to reconsider
the formation of a Weld County Ambulance which would replace
an already economical and acceptable ambulance service. We
would purpose that instead of creating another ambulance ser-
vice, with all the expense and management problems that en-
tails, that Weld County assist in annually funding the para-
medic system that Platte Valley has adopted and make this am-
bulance service even more viable and acceptable to the citizens
of Southeast Weld County. For the first year, 1981, we would
purpose the sum of $15 ,000. 00 which would help greatly with the
training of personnel and equipment needs of our service. We
pledge that the citizens of Southeast Weld County would receive
even better services than they have in the past. We would be
willing to incorporate Weld County personnel into our system if
this is found to be feasible .
We hope you will give this proposal serious thought as
being in the best interests of inter-governmental cooperation
and advantageous, both financially and in quality of service,
to the citizens of Southeast Weld County. We would be willing
to meet with you or your representatives at any time or place
concerning the contents of this letter.
Sincere y yours ,
tr%
Keith R. Llafety'
Cor Leader
Platte Valley Ambulance
Service, Inc.
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