HomeMy WebLinkAbout900615.tiff RESOLUTION
RE: APPROVE. AGREEMENT WITH 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 , pursuant to the Emergency Medical Services Act, it
is required that the Ambulance Services obtain the services of a
Physician Advisor to perform certain duties , and
WHEREAS, an Agreement with the North Colorado Emergency
Physicians has been presented to the Board, and
WHEREAS, the terms and conditions are as stated in said
Agreement, a copy of which is attached hereto and incorporated
herein by reference, and
WHEREAS, after study and 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 with
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 11th day of
July, A.D. , 1990 , nunc pro tunc July 1 , 1990.
nn � BOARD OF COUNTY COMMISSIONERS
ATTEST: A. 1�? f,/ 4 WELD UNTY, COLORADO
Weld County Clerk to the Board Ali 6)044 ,
/l Gene R. BBraantner, Chairman
Y:�_- 0774 - Quitzt �
t ,' rge Kennedy, Pro-Tel
D¢puty Clerk to the Board
APPROVED TO FORM: onstance L. Hart
EXCUSED DATE OF SIGNING - AYE
C.W. Kirby
County Attorney EXCUSED DATE OF SIGNING - AYE
Gordon E. Lacy
900615
AGREEMENT
r,
THIS AGREEMENT is made and entered into this b day of
D-41, , 1990 , by and between WELD COUNTY, COLORADO,
on behalf o£ 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 sea. , 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 ,
1990 , through June 30 , 1991 , and shall be renewed
automatically each year thereafter, subject to the
provisions of Paragraph 6 of this Agreement.
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 , 1990 .
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:
'v ...
Page 1 of 7 Pages
(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.
(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
Page 2 of 7 Pages 9( ,4°�
Advisor shall sponsor eleven (11) two-hour
continuing education conferences per year.
Conferences will be scheduled thirty (30) days
in advance. 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.
(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
Page 3 of 7 Pages 9 C C`<-�
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 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 o£ this Agreement, Ambulance Services
agrees to provide reasonable secretarial and other
ancillary support as may be required by Physicians.
Page 4 of 7 Pages " ref
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 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 o£ months during
which Physicians provided the services of the
Physician Advisor.
(D) Termination By Physicians. Physicians may termi-
nate 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
A/^ X_
Page 5 of 7 Pages ��` `'
provided by the Physician Advisor up to the date o£
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
2105 44th Avenue
Greeley, CO 80631
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
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 o£ the parties hereto.
Page 6 of 7 Pages
11 . Nothing in this Agreement shall be construed to
create a cause of action and/or civil liability
remedy in any person not a party to this Agreement.
This Agreement exists for the sole benefit of the
parties to the Agreement. This Agreement shall not
be construed to create a duty by either party to
any third party where no such duty otherwise
existed.
IN WITNESS WHEREOF, the parties have hereunto set their hand
and seals this 11th day of July , 1990 , nunc
pro tunc July 1, 1990 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO, on
� � behalf AMBULANCE SERVICES
ATTEST: /0�
Weld County BY: YC
Clerk to the Board Gene R. Bran er, Chairman
NORTH COLORADO EMERGENCY PNYSfcrgevS
W g
Dep ty ounty C rk /�
BY: g�-e dnaCti-nig Piker'
4,5,47
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Page 7 of 7 Pages
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