HomeMy WebLinkAbout931310.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PHYSICIAN ADVISOR SERVICES WITH MARK E. WALLACE,
M.D. , AS PHYSICIAN ADVISOR TO THE WELD COUNTY PUBLIC HEALTH ADMINISTRATOR
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, Section 25-1-105, CRS, permits Weld County to obtain the services
of a physician advisor to advise the Public Health Administrator on a full or
part-time basis on medical decisions when the Public Health Administrator is not
a physician, and
WHEREAS, the Public Health Administrator for the Weld County Health
Department is not a physician, and
WHEREAS, the Board has been presented with an Agreement for Physician
Advisor Services between Mark E. Wallace, M.D. , and Weld County, Colorado,
commencing August 18, 1993, and ending December 31, 1994, with further terms and
conditions being as stated in said agreement, and
WHEREAS, after study and 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 Mark
E. Wallace, M.D. , and Weld County, Colorado, be, and hereby is, approved,
effective December 29, 1993, nunc pro tunc August 18, 1993.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said agreement.
931310
PHYSICIAN ADVISOR SERVICES AGREEMENT - WALLACE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 29th day of December, A.D. , 1993, nunc pro
tunc August 18, 1993.
1 �� BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board EXCUSED
Constance L. Harbert, Chairman
BY:e9_,Ler--(10 d '6. EXCUSED DATE OF SIGNING (AYE)
Deputy Cle k to the Board W. H. Webster, Prof'femmmay//�
APPROVED AS TO FORM: v�( ,! C "` Cr
eorge Ba ter
County Atto ney Dale K. Hall
/ `A
arbara J. Kirkme er
931310
_ _ i
AGREEMENT FOR PHYSICIAN ADVISOR SERVICES ar -
THIS AGREEMENT is made and entered into this p�% day of
December, 1993, by and between the Board of County Commissioners of
Weld County, Colorado, on behalf of the Weld County Board of
Health, Weld County, Colorado, hereinafter referred to as ( "Weld
County" ) , and Mark E. Wallace, M.D. , hereafter referred to as
"Physician. "
WITNESSETH:
WHEREAS, Section 25-1-505, C.R.S . , permits Weld County to
obtain the services of a Physician Advisor to advise the public
health administrator on a full- or part-time basis on medical
decisions when the public health administrator is not a physician,
and
WHEREAS, the public health administrator for the Weld County
Health Department is not a physician, and
WHEREAS, Physician and Weld County desire to enter into a
written contract whereby Physician would act as Physician Advisor
pursuant to said statute.
NOW, THEREFORE, for and in consideration of the promises and
mutual agreements contained herein, Weld County and Physician
hereby agree as follows :
1 . Term of Agreement.
This Agreement shall be effective from the date of its
signing, nunc pro tunc August 18, 1993 through
December 31, 1994, and shall be renewed automatically
each year thereafter, subject to the provisions of
Paragraph 9 of this Agreement.
2 . Compensation.
In consideration of the services to be provided by
Physician as set forth hereinafter, Weld County agrees to
pay North Colorado Family Medicine the sum of sixty-five
( $65 . 00) per hour for advisor services, on an "as needed"
basis, unless otherwise agreed, due and payable on the
last day of each month in which advisor services are
used, beginning the first month in which this Agreement
is signed.
Page 1 of 7 Pages
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3 . Physician Services .
A. Physician' s Qualifications .
Physician shall meet or exceed all of the
qualifications and requirements of Colorado law and
the Rules of the Colorado Department of Health.
During temporary periods during the year, such as a
vacation, when the Physician is not available, his
duties, responsibilities, and obligations under
this Agreement may be delegated to any designee,
previously approved by Weld County, which designee
shall be a physician with the North Colorado Family
Medicine group, and which designee shall also meet
or exceed the qualifications and requirements of
Colorado law and the Rules of the Colorado
Department of Health.
B. Professional Services .
Physician agrees to provide the following
professional services, including but not limited
to:
( 1) Conduct random, periodic chart review, at such
times as the public health administrator
requests such review.
(2 ) Conduct periodic review and approval of
nursing policies, procedures, and protocols .
( 3) Provide general medical consultation to
nursing staff at the request of the public
health administrator.
(4) Provide general medical consultation to the
public health administrator upon the public
health administrator' s request.
(5) Provide medicaid billing as needed, pursuant
to Medicaid requirements .
(6) Provide any additional or other medical
advisor services as requested by the public
health administrator.
Page 2 of 7 Pages
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4 . Parties Relationship
The parties to this Agreement intend that the relation-
ship between them contemplated by this Agreement is that
of independent entities working in mutual cooperation.
No employee, agent, or servant of one party shall be or
shall be deemed to be an employee, agent, or servant of
another party to this Agreement. Additionally, the
parties hereby acknowledge and agree that Physician is
not an employee of Weld County, but is providing
physician services as an independent contractor.
5 . Limitations - Liabilities .
Physician shall not be responsible or liable for acts or
omissions or failure to act by the public health adminis-
trator that is not within the scope of providing medical
services pursuant to this Agreement. Accordingly, Weld
County agrees to indemnify and hold Physician harmless
from any and all liability incurred by acts or omissions
or failure to act by the public health administrator that
is not within the scope of providing medical services
pursuant to this Agreement.
6 . Indemnification.
To the extent authorized by law, each party to this
Agreement shall indemnify, save and hold harmless the
Weld County Board of Commissioners or Weld County, or
both, against any and all claims, damages, liability, and
Court awards including costs , expenses, and attorney fees
incurred as a result of any act or omission by the
parties to this Agreement or their employees, agents,
subcontractors, or assignees pursuant to the terms of
this Agreement.
7 . Non-Assignment.
This Agreement shall not be assignable without prior
written consent of Weld County or Physician, whichever is
the non-assigning party.
Page 3 of 7 Pages
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T
8 . Default and Termination.
(A) Default by Weld County.
Upon the default or breach of any term or provision
of this Agreement by Weld County, Physician shall
promptly notify Weld County 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, Physician
may, at his election, declare this Agreement to be
null and void and proceed to seek any remedies to
which he may be entitled under the law. If such a
breach or default is the non-payment of compensa-
tion described in Paragraph 2 above and such
payment is not made within the thirty ( 30) day cure
period, such payment shall accrue interest at the
rate of 18 percent 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 Physician, Weld County shall
promptly notify Physician of the actions which have
caused such default and breach. If such default or
breach is not cured within thirty (30) days after
the delivery of such notice, Weld County may, at
their election, determined by majority vote,
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 Weld County.
Weld County may terminate this Agreement for cause,
upon ten ( 10) days written notice, and for any
reason, so long as sixty ( 60) days written notice
of its intent to so terminate is given to
Physician. If this Agreement is so terminated,
Physician shall receive that compensation which
duly reflects the actual number of hours during
which Physician provided the services of the
Physician Advisor.
Page 4 of 7 Pages
921310
(D) Termination By Physician.
Physician may terminate this Agreement for cause,
upon ten ( 10) days written notice, and for any
reason, so long as sixty ( 60) days written notice
of his intent to so terminate is given to Weld
County. If this Agreement is so terminated,
Physician shall be compensated for the services
provided by the Physician Advisor up to the date of
termination.
10 . Notices .
Any notice provided for in this Agreement shall be in
writing and shall be served by personal delivery or by
certified mail, return receipt requested, postage
prepaid, 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 . Any
notice so mailed and any notice served by personal
delivery shall be deemed delivered and effective upon
receipt or upon attempted delivery. This method of
notification will be used in all instances, except for
emergency situations when immediate notification to the
parties is required.
PHYSICIAN:
Mark Wallace, M.D.
1650 16th Street
Greeley, CO 80631
WELD COUNTY:
Weld County Board of County Commissioners
915 Tenth Street
Greeley, CO 80632
11 . Modification and Breach.
This Agreement contains the entire Agreement and
understanding between the parties to this Agreement and
supersedes any other agreements concerning the subject
matter of this transaction, whether oral or written. No
modification, amendment, novation, renewal, or other
alteration of or to this Agreement and the attached
exhibits shall be deemed valid or of any force or effect
Page 5 of 7 Pages
931310
whatsoever, unless mutually agreed upon in writing by the
undersigned parties . No breach of any term, provision,
or clause of this Agreement shall be deemed waived or
excused, unless such waiver or consent shall be in
writing and signed by the party claimed to have waived or
consented. Any consent by any party hereto, or waiver
of, a breach by any other party, whether express or
implied, shall not constitute a consent to, waiver of, or
excuse for any other different or subsequent breach.
12 . 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 then capable of execution
within the original intent of the parties .
13 . Records .
Each party agrees to keep any and all records and
information confidential, in compliance with all laws and
regulations concerning the confidentiality of such
records .
The Weld County Health Department shall be responsible
for maintaining records and information for Weld County
and shall make appropriate information available to other
parties as necessary for the performance of this
Agreement, subject to the laws and regulations concerning
confidentiality.
14 . Inurement.
This Agreement shall inure to the benefit of the heirs,
assigns, and successors in interest of the parties
hereto.
15 . No Third Party Beneficiary 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 action whatsoever by any other person not
included in this Agreement. It is the express intention
Page 6 of 7 Pages
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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 this 29th day of December , 1993, nunc pro tunc
August 18 , 1993 .
/
ATTEST' /.,/ I/4 THE BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, COLORADO, ON
CLERK TO THE BOARD OF BEHALF OF THE WELD COUNTY BOARD
COUNTY COMMISSIONERS OF HEALTH
BY: BY: g/l' K /1 ./tT l 01/03/94
Deputy Clerk o Board W. H. Webster , Chal an
Pro-tem
APPROVED AS TO FORM:
BY:
ATTORN Y
PHYSICIAN DVISOR
1
u/
MARK WALLACE, M.D.
agree\health.db
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