HomeMy WebLinkAbout951049.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PHYSICIAN ADVISOR SERVICES BETWEEN HEALTH
DEPARTMENT AND MARK E. WALLACE, M.D., 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 Advisor
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 Mark E.
Wallace, M.D., 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 Advisor 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 Mark E. Wallace, M.D., 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 22nd day of May, A.D., 1995, nunc pro tunc January 1, 1995.
BOARD OF COUNTY COMMISSIONERS
WNTY, COL DO
ATTEST:
Weld County Clerk to the Board
BY.
Deputy Cler o the Board
AI DASTOFOr
ount-y Attorney l
Dale K. Hall, Chairman
Kirkmeyer, pro-Tem cV
George E!Baxter
Constance L. Harbert
W. H. Webster
951049
HL0021
AGREEMENT FOR PHYSICIAN ADVISOR SERVICES
THIS AGREEMENT is made and entered into this Z%nd- day of It c
1995, by and between the Board of County Commissioners of Weld County, Coloraoro, on behalf
of the Weld County Department 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
January 1, 1995, through December 31, 1995, and shall be renewed automatically
each year thereafter, subject to the provisions of Paragraph 7 of this Agreement.
2. Compensation.
In consideration of the services to be provided by Physician as set forth hereinafter,
Weld County agrees to pay Mark Wallace, M.D., the sum of sixty-five dollars
($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
951949
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 faculty physician with the North
Colorado Family Medicine group participating in the Residency Program,
and which designee shall also meet or exceed the qualifications and
requirements of Colorado law and the Rules of the Colorado Department of
Health. Physician shall use reasonable efforts to notify the Weld County
Department of Health of any anticipated vacations or other times when
Physician may not be available.
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.
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.
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.
(3)
(5)
Page 2 of 7 Pages
951049
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 - Indemnification
Each party shall not be responsible or liable for acts or omissions or failure to act by
the other party. Accordingly, County agrees to indemnify and hold Physician
harmless from any and all liability incurred by acts or omissions or failures to act by
County and, likewise, Physician agrees to indemnify and hold County harmless from
any and all liability incurred by acts or omissions or failures to act by Physician.
Because County is a department of the Weld County government, Physician
acknowledges that his agreement to indemnify and hold harmless County extends to
Weld County, its employees, agents, subcontractors, and assignees. The term
"liability" includes, but is not limited to, any and all claims, damages, and court
awards including costs, expenses, and attorney fees incurred as a result of any act or
omission by the applicable party who acted or failed to act.
6. Non -Assignment.
This Agreement shall not be assignable without prior written consent of Weld
County or Physician, whichever is the non -assigning party.
7. 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
Page 3 of 7 Pages
951049
breach or default is the non-payment of compensation 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 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, 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 not previously paid
which duly reflects the actual number of hours during which Physician
provided the services of the Physician Advisor.
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.
8. 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
Page 4 of 7 Pages
951949
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
9. 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 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.
10. 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.
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951049
11. 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.
12. Inurement.
This Agreement shall inure to the benefit of the heirs, assigns, and successors in
interest of the parties hereto.
13. 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
CVO day of ' C" ✓ , 1995, nunc pro tune January 1, 1995.
ITT
HE BOARD OF
OMMISSIONERS
B- 10.itiK A 903 A
Deputy Clero the Board
BY:
THE BOARD OF COUNTY
COMMISSIONERS OF WELD
COUNTY, COLORADO, ON BEHALF
OF THE WELD COUNTY BOARD
OF HEALTH
Dale K. Hall, chairman (�/A2/95)
Page 6 of 7 Pages
951049
APPROVED AS TO FORM:
agree\health.db
PHYSICIAN ADVISOR
thOt O/c
Mark Wallace, M.D.
Page 7 of 7 Pages
WELD COON EAI,;HPART ENT
BY: ,J
JOHN S. PICKLE, M.S:E.H.
DIRECTOR
951049
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