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Home My WebLink About830550.tiff RESOLUTION RE: APPROVAL OF AGREEMENT BETWEEN WELD COUNTY AMBULANCE SERVICE AND EMERGENCY SERVICES PROFESSIONALS AND AUTHORIZATION FOR CHAIRMAN TO SIGN 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. , CRS 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 presented to the Board of County Commissioners, and WHEREAS , the Board of County Commissioners has studied the terms of said agreement, a copy being attached hereto and incor- porated herein by reference, 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 Pro- fessionals 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 2nd day of November, A.D. , 1983. ATTEST: ,r"F l ` °. rwvt fU�i3lW4ZLrti/ WELDD OF COUNTY, TY COLORADO SSIONERS Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE an)c __clerk to the�9 Boafd� Chuck Carlson, Chairman BY' ffl,1�vt�v�_*e,6 ) 7 / .De ut Count erk��.� " ''"'' t ��Jit� (1 p Y Y J T. Martin, Pro-Tem APPROV AS TO FORM: 1 (:::::1E>1917 Gene R. Brantner Count UAttorne Y Attorney Norman Carlson Y\�+-� 830 550 �quel ' e JohSon slm C u LHR 366 DAY FILE: November 7, 1983 AGREEMENT THIS AGREEMENT is made and entered into this 2nd day of November , 1983 , 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 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 January 1 , 1984. 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 January 1 , 1984 , regardless of the execution date hereof , through December 31 , 1984 . Additionally, this Agreement shall be automatically renewed for two successive one-year periods subsequent to December 31 , 1984 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 , 1984 . 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 require- ments through the Physician Advisor or his designee : -2- ( 1 ) Twenty-four hour per day supervision of Emergency Medical Technicians ( this includes EMT-Paramedic and EMT-Basic and hereinafter will be referred to as "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 previously 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/or in the emergency department of North Colorado Medical Center. (4) Audit of field responses through use of trip report forms , radio communications and incident reports . ( 5) Critique of field cases on presentation in the emergency department of North Colorado Medical Center. (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 . (8) Other adminstrative services set forth here- inafter which may be required by statute . -3- B . Naming of Physician Advisor. Physicians shall designate the Physician Advisor. Said Physician Advisor shall meet or exceed all of the qualifications and requirements of Colorado law and the Rules of the Colorado Department 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 obligations may be delegated to any designee who shall also meet or exceed the qualifications 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 acknowledge and agree that EMTs and their support personnel provided 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 providing 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 North Colorado Medical Center and other institutions with which there are significant medical contacts ; ( b) in implementing and facilitating the medi - cal responsibility of Physician Advisor , administrative rules , -4- - i 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 incident record keeping ; (c) in developing a system of review and verifica- tion of skills and performance EMTs ; and (d) in developing a system for auditing or reviewing adherence to specified 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 EMTs employed by Ambulance Services . Nothing contained herein shall require Physicians to supervise EMTs 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 -5- 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 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 . -6- 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 , 1984 or December 31 , 1985 , 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 -7- 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 provided 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 3801 - 12th Street Drive Greeley , Colorado 80634 AMBULANCE SERVICES : Weld County Ambulance Services c/o Weld County Board of County Commissioners 915 Tenth Street Greeley , Colorado 80631 -8- 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 . 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 2nd day of November , 1983 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY , COLORADO ATTEST : Weld County Clerk and By : fi __/% Recorder and C uck Carlson , Chairman Clerk to the Board EMERGENCY SERVICES PROFESSIONALS BY : IAA,/ [-C. 'y' ( A,e Deputy County Clerk / By : . h rca-._ L,e `____r1 0J. 7 C Brian J . Allen , M . D . Managing Partner -9- _ _ 1 Hello