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Home My WebLink About951970.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PHYSICIAN SERVICES BETWEEN HEALTH DEPARTMENT AND WESTERN HEALTH NETWORK, INC., OPERATOR OF NORTH COLORADO MEDICAL CENTER, DBA NORTH COLORADO FAMILY MEDICINE, 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 for Physician Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Health Department, and Western Health Network, Inc., operator of North Colorado Medical Center, dba North Colorado Family Medicine, commencing January 1, 1995, and ending December 31, 1995, with further terms and conditions being as stated in said agreement, and WHEREAS, after 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 Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Health Department, and Western Health Network, Inc., operator of North Colorado Medical Center, dba North Colorado Family Medicine, 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 20th day of September, A.D., 1995, nunc pro tunc January 1, 1995. BOARD OF COUNTY COMMISSIONERS A*EST'. 1 Clerk to the Board CcAA/c �1 i/L_ Deputy Cler the Board WELD_CzOUNTY, COI�OFj )O �rJ - �r Barbary J. Kirkmeyer, P Tem -z1<: ; C- eorge C� Baxter Constance L. Harbert ou y Attorne l/� t —91 / /i W. F Webster ED AS TO FO rtt Oa .` f/G9 G✓ ft/✓, lac (/ fl54 951970 HL0021 ORIGINAL AGREEMENT FOR PHYSICIAN SERVICES THIS AGREEMENT is made and entered into this day of ,5_flp �y,(2f/L , 1995 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 Ncrth Western Health Network, Inc., operator of North Colorado Medical Center d/b/a North Colorado Family Medicine (hereinafter referred to as "Residency Program"). WITNESSETH: WHEREAS, Weld County requires physician services for clinical services provided by the Weld County Health Department to the general public and also provided pursuant to contracts between Weld County Health Department and other entities, and WHEREAS, Residency Program desires to have its resident physicians obtain experience in clinics which are sponsored by Weld County, and WHEREAS, Weld County may require faculty physician consultation coverage at such times that the regular medical consultant is not available, and WHEREAS, Residency Program and Weld County desire to enter into a written contract whereby Residency Program would provide such physician and substitute medical consultant services. NOW, THEREFORE, for and in consideration of the promises and mutual agreements contained herein, Weld County and Residency Program hereby agree as follows: 1. Recitals. The above set forth recitals are incorporated herein. 2, Term of Agreement. This agreement shall be effective from the date of its signing, nunc pro tunc January 1, 1995, through December 31, 1995 and shall be automatically renewed each year thereafter, subject to the provisions of Paragraph 9 of this Agreement. 3. Compensation. In consideration of the services to be provided by Residency Program as set forth hereinafter, Weld County agrees to pay Residency Program the sum of sixty-five dollars ($65.00) per hour for faculty clinical services and twenty- five dollars ($25.00) per consultation with a faculty physician at such times that the medical consultant on contract with Weld County is not available. Payment, unless otherwise agreed, is due and payable on the 10th day of the month following each month in which faculty or consultant services are used, beginning the first month in which this Agreement is signed. Page 1 of 5 Pages 951970 4. Physician Oualifications. Physicians provided by the Residency Program shall meet or exceed all of the qualifications and requirements of Colorado law and the Rules of the Colorado Department of Health and Environment for Physicians or Resident Physicians, whichever is applicable. 5. Professional Services. Residency Program agrees to provide the following professional services, including, but not limited to: (1) Provide faculty clinical services, including, but not limited to, examination and evaluation of clients of the Weld County Health Department at such times as agreed upon between the parties. (2) Provide general medical consultation to nursing staff at such times that the independent medical consultant on contract with the Weld County Health Department is unavailable. 6. Parties Relationship. The parties to this Agreement intend that the relationship 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 Residency Program is not an employee of Weld County, but is providing physician services as an independent contractor. 7. Limitations - Liabilities. Neither party shall be responsible or liable for acts or omissions or failures to act by employees or agents of the other party that are not within the scope of providing medical service pursuant to this Agreement. Accordingly, each party agrees to indemnify and hold the other party harmless from any and all liability incurred by acts or omissions or failures to act by the employees or agents of the first party that are not within the scope of providing medical services pursuant to this Agreement. 8. Non -Assignment. This Agreement shall not be assignable without prior written consent of Weld County or Residency Program, whichever is the non -assigning party. 9. Default and Termination. A. Default by Weld County. Upon the default or breach of any term or provision of this Agreement by Weld County, Residency Program 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, Residency Program may, at its election, declare this Agreement to be null and void and proceed to seek any remedies to Page 2 of 5 Pages 951970 which it may be entitled under the law. If such a breach or default is the non- payment of compensation described in Paragraph 3, above, and such payment is not made within the thirty (30) day cure period, such payment shall accrue interest at the rate of eighteen percent (18%) per annum or the maximum allowed by law, whichever is less from the due date of such payment until such payment is made. B. Default by Residencv Program Upon the default or breach of any term or provision of this Agreement by Residency Program, Weld County shall promptly notify Residency Program 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 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 Weld County. Weld County may terminate this Agreement for cause upon ten (10) days written notice and for any reason or without cause so long as sixty (60) days written notice of its intent to so terminate is given to Residency Program. If this Agreement is so terminated, Residency Program shall receive that compensation not previously paid which duly reflects the number of hours during which Residency Program actually provided services. D. Termination By Residency Program. Residency Program may terminate this Agreement for cause upon ten (10) days written notice and for any reason or without cause so long as sixty (60) days written notice of its intent to so terminate is given to Weld County. If this Agreement is so terminated, Residency Program shall be compensated for the services provided by the Residency Program 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. Page 3 of 5 Pages 951970 RESIDENCY PROGRAM: North Colorado Family Medicine ATTN: V.P. Graduate Medical Education North Colorado Medical Center ATTN: Bill Munson 1801 16th Street Greeley, CO 80631 WELD COUNTY: Weld County Board of County Commissioners 915 Tenth Street Greeley, CO 80631 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 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. Page 4 of 5 Pages 951.910 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 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 Aofil day of t 90/14, bJ2 , nunc pro tunc January 1, 1995. O THE BOARD OF COMMISSIONERS D. Ai) YYko o Clerk to the lard of County Commissioners APPROVED AS TO FORM: WELD COUNTY HEA TH EPAJRTENT BY:"". FIN S. PICKLE, M.S.E.H. DIRECTOR RESPRO.DB Karl B. Gills, Administrator BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, ON BEHALF OF THE WELD COUNTY BOARD OF HEALTH Dale K. Hall, Char an c9/A-‘,/gs� WESTERN HEALTH NETWORK, INC., Operator of North Colorado Medical Center dba North Colorado Family Medicine Page 5 of 5 Pages 951970 mEmoRAnuum WIiDc. COLORADO Dale Hall, Chairman To Board of County Commissioners From Subject: Date September 18, 1995 John Pickle, Director, Health Department Agreement with North Colorado Family Medicine Enclosed for Board approval is an agreement between Weld County Health Department and Western Health Network, Inc. operator of North Colorado Medical Center doing business as North Colorado Family Medicine Residency Program. Under the terms of this agreement the North Colorado Family Medicine Residency Program agrees to provide physician services to the Health Department as needed and to provide faculty physician consultation coverage when the regular medical consultant is not available. Also, resident physicians will obtain experience in the clinics sponsored by the Health Department. For these services, the Health Department will pay $65.00 per hour for faculty clinical services and $25.00 per consultation with a faculty physician when the medical consultant on contract with the Health Department is not available. The term of this agreement is January 1, 1995 through December 31, 1995 and shall be automatically renewed each year thereafter subject to provisions in the agreement. I recommend your approval of this agreement. Enclosures cbs9)0 Hello