HomeMy WebLinkAbout871079.tiff RESOLUTION
RE: APPROVE AGREEMENT BETWEEN THE WELD COUNTY AMBULANCE SERVICE
AND NORTH COLORADO EMERGENCY PHYSICIANS AND AUTHORIZE
CHAIRMAN TO SIGN
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
between the Weld County Ambulance Service and North Colorado
Emergency Physicians, and
WHEREAS , the term of said Agreement is from July 1 , 1987 ,
through June 30 , 1988 , with the further terms and conditions being
as stated in the Agreement, a copy of which is attached hereto and
incorporated herein by reference, and
WHEREAS, after review, the Board deems it advisable to
approve said Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Agreement between
the Weld County Ambulance Service and North Colorado Emergency
Physicians be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 10th day of
August, A.D. , 1987 , nunc pro tunc July 1 , 1987 .
I',.A ;� ' BOARD OF COUNTY COMMISSIONERS
ATTEST: �J WELD COU .O DO
Weld County Clerk and Recorder
and Clerk to the Board Gor o a airman
C.W. Kirby, Pro-T
eputy County erk
EXCUSED
APPROVED AS TO FORM: Gene R. Brantner
\
�--7 C `� qu ' ne nson
V Ci Cf ,/ /
County Attorney
Frank Yamaguchi
/ ) �
871079
F ,,
AGREEMENT
THIS AGREEMENT is made and entered into this 10th day of
August , 1987, by and between WELD COUNTY, COLORADO, on behalf
of THE WELD COUNTY AMBULANCE SERVICE, a Department of Weld County, Colorado,
hereinafter referred to as "Ambulance Services," and NORTH COLORADO
EMERGENCY PHYSICIANS, a Colorado General Partnership, hereinafter referred
to as "Physicians."
WITNESSETH:
WHEREAS, the Emergency Medical Services Act, Section 25-3.5-101, et
Eta. , C.R.S. 1973, and regulations promulgated 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 and Ambulance Services desire to enter into a
written contract whereby Physicians would act as Physician Advisor pursuant
to said statute and regulations.
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 the
date of its signing, nunc pro tunc July 1, 1987, through June 30,
1988, and shall be renewed automatically each year for another one
(1) year term, up to a total of two (2) years, subject to the
Page 1 of 9 Pages 871379
provisions of Paragraph 6 of this Agreement. This Agreement shall
in no event be renewed beyond June 30, 1990.
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) per
year, payable in 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 beginning July 31, 1987.
3. Physician Services. Physicians agree to provide the following
services:
A. Professional Services Pursuant to Statutory Requirements.
Physicians agree to provide the following professional
medical services in order to meet the statutory requirements
through the Physician Advisor or his designee:
(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
"EMT's") 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. Any
changes of said protocols shall be communicated to the
Director of Ambulance Services in a written form
consistent with the existing draft of said protocols.
Page 2 of 9 Pages 871079
(2) A system for the institution, evaluation and enforcement
of quality controls of EMT's operating under the medical
license of the Physician Advisor, which includes a
written report of EMT performance submitted at the end
of each quarter (October, January, April, and June) to
the Director of Ambulance Services.
(3) 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 quarter.
(4) Audit of field responses through use of trip report
forms, radio communications and incident reports.
Quarterly trip report reviews on problem cases will be
scheduled by the Physician Advisor with the individual
EMT's involved. Deviations from established standards
of care and/or protocols shall be communicated in
writing to the Director of Ambulance Services.
(5) Critique of field cases on presentation in the emergency
department of North Colorado Medical Center.
(6) Periodic critique of calls responded to by EMT's.
(7) Regular continuing education of EMT's consistent with
guidelines for recertification of the Emergency Medical
Services Division, Colorado Department of Health.
Physician Advisor shall sponsor eleven (11) two-hour
continuing education conferences per year. Conferences
871079
Page 3 of 9 Pages
will be scheduled thirty (30) days in advance and will
begin at 0830 hours. Said conferences and sponsorship
must meet the Paramedic Continuing Education Provider
Agency requirements set forth by the Colorado Department
of Health.
(8) Other administrative services set forth hereinafter
which may be required by statute.
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 EMT's 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.
871079
Page 4 of 9 Pages
(2) The Director of Ambulance Services will, at the direct
request of the Physician Advisor, work with the
Physician Advisor (a) in coordinating activities
between Ambulance Services, Physicians and North
Colorado Medical Center and other institutions with
which there are significant medical contacts; (b) in
implementing and facilitating the medical 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, at the direct request of
the Director of Ambulance Services, 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 verification of
skills and performance EMT's; 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 EMT's and shall make
recommendations to Director regarding retention or
suspension of EMT's employed by Ambulance Services.
Nothing contained herein shall require Physicians to
supervise EMT's who are determined to be medically
871079
Page 5 of 9 Pages
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 EMT's 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 previously 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 EMT's 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 as previously
approved by the Physician Advisor.
4. Administrative Support. In furtherance of the purpose of this
Agreement, Ambulance Services agrees to provide reasonable
secretarial and other ancillary support as may be required by
Physicians.
5. Non-Assignment. This Agreement shall not be assignable
without prior written consent of Ambulance Services or
Physicians.
6. Default and Termination.
(A) Default By Ambulance Services. Upon the default or breach of
any term or provision of this Agreement by Ambulance
Services, Physicians shall promptly notify Ambulance Services
871079
Page 6 of 9 Pages
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.
(B) Default by Physicians. Upon the default or breach of any
term or provision of this Agreement by Physicians, Ambulance
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 remedies to which it may be entitled
under the law.
(C) Termination By Ambulance Services. Ambulance Service may
terminate this Agreement for any reason, so long as sixty
(60) days written notice of its intent to so terminate is
given to Physicians. If this Agreement is so terminated,
Physicians shall receive that compensation which duly
reflects the actual number of months during which Physicians
provided the services of the Physician Advisor.
871079
Page 7 of 9 Pages
(D) Termination By Physicians. Physicians may terminate this
Agreement for any reason, so long as sixty (60) days written
notice of its intent to so terminate is given to Ambulance
Services. 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:
North Colorado Emergency Physicians
3801 - 12th Street Drive
Greeley, CO 80634
AMBULANCE SERVICES:
Weld County Ambulance Services
c/o Weld County Board of County Commissioners
915 Tenth Street
Greeley, CO 80632
8. 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
871079
Page 8 of 9 Pages
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
validity 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 hand and seals
3-„e.3 75O
this 3 / day of .T„ , 1987, nunc pro tunc January 1, ,,442,
(,r
1987. /�
BOARD OF COUNTY COMMISSIONERS
)72f...i•twAtt<;‘) WELD COUNTY, COLORADO, on behalf of
AMBULANCE SERVICES
ATTEST:
Weld County Clerk and Recorder BY:
and Clerk to the Board Go o . Lac h an
a NORTH COLORADO EMERGENCY PHYSICIANS
pu y County Clerk
BY: -3YZa - J ,
871079
Page 9 of 9 Pages
Hello