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Home My WebLink About990243.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PHYSICIAN ADVISOR SERVICES AND AUTHORIZE CHAIR TO SIGN - NORTH COLORADO EMERGENCY PHYSICIANS 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 Ambulance Service, and North Colorado Emergency Physicians, P.C., with 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 Ambulance Service, and North Colorado Emergency Physicians, P.C., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair 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 8th day of February, A.D.,1999. BOARD OF COUNTY COMMISSIONERS 1 D COUNTY, COLORADO 7 ATTEST: � -/' // D K. Hall, Chair Weld County Clerk tot B.-j, g 1851 r _ Q� t a`. Kir j f 624 4/71-71-- BY: V Barb a J. Kirkme ro-Tem Deputy Clerk to the ' 17 , t «l Geor e . axter RO E TO FORM: M. J Geile my Attorney Glenn Vaa (1 ' • /2 990243 AM0012 AGREEMENT FOR PHYSICIAN ADVISOR SERVICES THIS AGREEMENT is made and entered into this 8th day of February , 1999, by and between the Board of Commissioners for the County of Weld, State of Colorado, on behalf of the WELD COUNTY AMBULANCE SERVICE (WCAS), and NORTH COLORADO EMERGENCY PHYSICIANS, P.C., a Colorado Professional Corporation(NCEP). BACKGROUND INFORMATION A. The Emergency Medical Services Act, Section 25-3.5-101 C.R.S., et. seq., and regulations promulgated pursuant thereto, require ambulance services to obtain the services of a Physician Advisor to supervise the activities of certain employees of ambulance services; and B. WCAS desires to obtain from NCEP the said required services as more particularly set forth below, for the Emergency Medical Technicians (EMTs), whether they are EMT-Basics (EMT-Bs), EMT-Intermediates (EMT-Is), or EMT-Paramedics (Paramedics), and NCEP desires to provide said services. C. The parties wish to reduce their agreement to writing. NOW THEREFORE, for and in consideration of the promises and mutual agreements contained herein, WCAS and NCEP agree as follows: 1. Recitals. The above stated recitals are incorporated as though fully set forth herein. 2. Term of Agreement. This Agreement shall be effective from the date of its signing, and shall automatically renew from year to year, unless sooner terminated pursuant to the provisions hereinafter set forth. 3. Physician Services. The parties agree that the services to be rendered by NCEP consist of"on-line" medical control and advice, as well as a physician to be jointly approved by the parties to perform quality assurance and monitor the performance of the Emergency Medical Technicians for whom the designated physician agrees to be responsible, pursuant to the physician advisor requirements. NCEP therefore agrees to provide the above set forth services, including, but not limited to,the following: A. On-Line Service. (1). Twenty-four (24) hours per day, every day of the year, supervision of EMTs on duty with WCAS while they are performing tasks within the specified medical responsibility of the Physician Advisor and/or medical protocols of WCAS which have been previously specified or approved by Physician Advisor. (2) Critique of field cases on presentation in the emergency department of North Colorado Medical Center. 1 990243 B. Physician Advisor. The Physician Advisor, who shall be jointly agreed upon by the parties, and under whose medical license the EMTs are able to be employed by the WCAS, shall be responsible for the following requirements, which shall include, but not be limited to: (1) Ongoing review and modification, if necessary, of any and all medical protocols which have been previously specified or approved. Any changes of said protocols shall be communicated to the Director of WCAS in a written form consistent with the existing draft of said protocols. (2) At the direct request of the Director of WCAS, the Physician Advisor shall 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 of EMTs; and (d) In developing a system for auditing or reviewing adherence to specified medical responsibility and medical protocols as necessary. (3) Periodic critique of calls responded to by EMTs. (4) 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 month. (5) Audit of field responses through use of trip report forms, radio communications and incident reports. (6) A system for the institution, evaluation and enforcement of quality controls of EMTs operating under the medical license of the Physician Advisor, which includes a written report of approval of EMT performance, submitted to the Director of WCAS, for each new EMT employee, or of each EMT currently employed by WCAS who desires to be approved at a different EMT level, after the completion by such EMTs of the field instructor program. (7) Trip report reviews on problem cases will be scheduled by the Physician Advisor on a monthly basis with the Director, the Operations Manager, and the Medical Operations Supervisor in charge of quality assurance. Deviations from established standards of care and/or protocols shall be communicated in writing to the Director of WCAS. (8) The Physician Advisor shall work with the Director in evaluating the performance of the EMTs and shall make recommendations to Director regarding retention or suspension of EMTs employed by WCAS. Nothing contained herein shall require Physician Advisor to supervise EMTs who are determined to be medically incompetent as documented to WCAS by NCEP, and nothing contained herein shall require Physician Advisor to supervise an EMT for any reason. (9) The Physician Advisor agrees to provide other administrative services that may be set forth hereinafter, or which may be required by statute, or to which the parties may agree. 2 990 3,713 4. Designation of Physician Advisor. The parties agree that the individual to perform the above set forth services as Physician Advisor shall be James Campain, M.D. The on-line services shall be provided by physicians to be designated by NCEP. All physicians providing services under this Agreement shall meet or exceed all of the qualifications and requirements of Colorado law and the Rules and Regulations of the Colorado Department of Public Health and Environment. If at any time Dr. Campain is unable, or no longer agrees to perform the services of Physician Advisor, the parties shall mutually agree upon another individual to be designated to perform the services of Physician Advisor. 5. Compensation. In consideration of the services to be provided by NCEP as set forth in this Agreement, WCAS agrees to pay NCEP as follows: (A) One dollar($1.00) for each emergency call received from the WCAS service area, based upon the total number of case reports received by the Weld County Regional Communications Center from the CAD system for the previous calendar year, divided by 12. The amount derived from this formula shall be paid by WCAS to NCEP on the last day of each calendar month during the term of this Agreement. (B) The Physician Advisor's services shall be paid to NCEP at the rate of$100.00 per hour, for a maximum of 24 hours per month. NCEP shall bill WCAS for Physician Advisor services under this subsection(B) on a monthly basis, with supporting documentation attached. WCAS agrees to pay all properly billed services within thirty days of receipt. If there is a question about a billing, or the statement does not contain adequate supporting documentation, WCAS shall return the statement to NCEP with a request for the appropriate clarification. As soon as the billing statement is adequately clarified, WCAS agrees to pay such billing statement within thirty (30) days of receipt. 6. Insurance. (A) Liability Insurance. Each party shall maintain liability insurance coverage or financial responsibility as assurance of its accountability for any losses, claims, liabilities, or expenses that may be incurred as a result of the performance of this Agreement. (B) Professional Liability Insurance. Each party shall maintain professional liability insurance coverage of not less than $1 million per incident and $3 million per aggregate, or the amounts that are required for each party's respective profession, whichever is higher. (C) Worker's Compensation. Each party shall be responsible for maintaining and providing coverage where necessary, for that party's employees, representatives, or agents. (D) Information Regarding Insurance. Each party shall, upon request, provide to the other party information regarding relevant insurance and/or financial responsibility pursuant to this Agreement. In the event that the insurance coverage for that party is canceled in whole or in part or is no longer available, either party may elect to immediately terminate this Agreement in whole or in part. If this Agreement is so terminated, the terminating party must give notice to the other party as hereinafter set forth, within three days. 3 9(1();7e,/5 7. Default and Termination. (A) Default by WCAS. Upon the default or breach of any term or provision of this Agreement by WCAS, NCEP shall promptly notify WCAS 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,NCEP 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 5 above, and the amount is not disputed, 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 NCEP, WCAS shall promptly notify NCEP 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, WCAS 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 WCAS. WCAS may terminate this Agreement for any reason, so long as sixty (60) days written notice of its intent to so terminate is given to NCEP. If this Agreement is so terminated,NCEP shall receive that compensation which duly reflects the actual amounts due and owing for services provided. (D) Termination by NCEP. NCEP may terminate this Agreement for any reason, so long as sixty (60) days written notice of its intent to so terminate is given to WCAS. If this Agreement is so terminated,NCEP shall be compensated for the services provided by NCEP up to the date of termination. 8. Notices. Notices and requests required by and given in connection with this Agreement shall be in writing and deemed given as of the day they are received by (a) hand delivery, (b) overnight mail, © in the United States mail, postage prepaid, certified and return receipt requested, or (d) confirmed facsimile, and addressed to the parties 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. NCEP: North Colorado Emergency Physicians, P.C. P.O. Box 5180 Greeley, Colorado 80631 WCAS: Gary McCabe, Director Weld County Ambulance Service 1121 M Street Greeley, Colorado 80631 9. Amendment. This Agreement constitutes the entire Agreement between the parties. Any oral representations or modifications concerning this Agreement shall be of no 4 990,E3 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. 10. No Assignment. This Agreement may not be assigned without first obtaining the consent of the non-assigning party. 11. 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 capable of execution within the original intent of the parties. 12. Budget Constraints. Nothing in this Agreement shall be construed to require the Board of County Commissioners for Weld County to provide funding not already budgeted. 13. No Third Party 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 claim 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 the day and year above set forth. BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF WELD, STATE OF COLORADO ATTEST: Atite Weld County Clerk to th:�: z , �qr► � � =(*% - 'vno. BY: Dale K. Hall, Char (02/08/99) BY: Deputy Clerk to the Board Cu DIr NORTH COLORADO EMERGENCY PHYSICIANS, P.C. Approved as to substance: •• Gary McCab•, Director, WCAS 5 9g&;?4/3 Hello