HomeMy WebLinkAbout990522.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR CLINICAL ENGINEERING SERVICES AND
AUTHORIZE CHAIR TO SIGN - LUTHERAN HEALTH SYSTEMS
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 Clinical Engineering
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
Lutheran Health Systems, a North Dakota non-profit corporation, operator of the North
Colorado Medical Center, commencing January 1, 1999, and ending December 31, 1999, 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 Clinical Engineering 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 Lutheran Health Systems,
a North Dakota non-profit corporation, operator of the North Colorado Medical Center, 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 17th day of March, A.D., 1999, nunc pro tunc January 1, 1999.
BOARD OF COUNTY COMMISSIONERS
COUNTY, CO ORADO
ATTEST: �At<�� F .�I a3t ≥ &2V
� `NJ Dale K. Hall, Chair
Weld County Clerk tot _ B•
i O GaZP EXCUSED
A ' ' Barba J. Kirkmeyer, Pro-Tem
BY:
Deputy Clerk to the
George E. ter
RO O FORM:
M. J Geile
unt torney iatiat �Fdct
Glenn Vaad`
/1m,, 1" /� 990522
A
/ West A0in5 AM0012
Western Plains
Health Network
March 9, 1999
Mr. Gary McCabe, Director
Weld County Ambulance
1121 M Street
Greeley, CO 80631
Dear Mr. McCabe:
Enclosed please find two (2) copies of the Agreement for Clinical Engineering
Services with Lutheran Health Systems, operator of North Colorado Medical
Center. If the contract is agreeable to you, please sign as indicated. Upon
signature, retain one copy for your files, and return the other to my attention
at:
Western Plains Health Network
Contract Management
1801 16th Street
Greeley, CO 80631
Thank you for your assistance in this matter. Please feel free to contact me
with any questions at (970) 350-6190.
Sincerely,
-,1 ru_s
Joify Leonnig
Contract Management Assistant
Enclosures
990522
1801 16th St.
Greeley, CO 80631
(970)350-6190 Fax(970)350-6644
A division of Lutheran Health Systems
AGREEMENT FOR CLINICAL ENGINEERING SERVICES
THIS AGREEMENT is made and entered into by and between LU 1'HF.RAN HEALTH
SYSTEMS, a North Dakota non profit corporation, operator of NORTH COLORADO
MEDICAL CENTER, of Greeley, Colorado, hereinafter referred to as "NCMC", and WELD
COUNTY AMBULANCE SERVICE, hereinafter referred to as "FACILITY".
WITNESSETH:
WHEREAS, NCMC provides the services of Clinical Engineers who are adequately trained to
service biomedical equipment, and;
WHEREAS, Facility desires to retain the services of these Clinical Engineers for Preventive
Maintenance and other services to biomedical equipment,
NOW THEREFORE, in consideration of the foregoing premises and other mutual covenants and
obligations hereinafter set forth, the parties hereto agree as follows:
1. Services. NCMC agrees to provide biomedical equipment maintenance services which are
necessary to maintain equipment covered under this Agreement and as specified in Exhibit
A hereto. The Clinical Engineering Service of NCMC shall perform regular quality
assurance activities that conform to all Local, State and Federal Regulations and the Joint
Commission on Accreditation of Healthcare Organizations (JCAHO) standards. NCMC
will provide the facility with documentation of such quality assurance activities. Services
provided include and are limited to the following:
1.1 Emergency Services. Emergency Services include, when feasible, the diagnosis and
correction of equipment malfunctions and failures necessary to return the
equipment to the performance level that existed prior to the malfunction or failure.
Emergency Services may consist of temporary procedures to be followed by
Facility while a permanent remedy is sought or it may consist of on-site services.
Upon receiving a telephone call from Facility, NCMC Clinical Engineers will assist
Facility with questions, in identifying problems, in resolving equipment failures, in
providing work arounds if possible, or in arranging on-site services. Necessary
repairs will be performed according to the manufacturer's procedures, Uniform
Building Code (UBC), the National Fire Protection Act (NFPA), or other such
accepted standards and is intended to meet the requirements of the Joint
Commission on Accreditation of Healthcare Organizations for performance
assurance.
1.2 Preventive Maintenance Services. For certain qualified equipment specified in
Exhibit A, Preventive Maintenance will be performed. This service includes
cleaning, adjusting, lubricating, testing procedures and safety inspections designed
to reduce equipment failure and/or extend equipment life. Necessary repairs will
be performed according to the procedures and at the frequencies recommended by
the equipment manufacturer. Preventive Maintenance will be performed during the
period of coverage on a mutually agreed upon schedule, or coincide with
Emergency Services. NCMC shall perform regular quality assurance activities that
conform to all Local, State and Federal Regulations and/or the Joint Commission
on Accreditation of Healthcare Organizations (JCAHO) standards. NCMC will
provide the Facility with documentation of such quality assurance activities.
1.3 On-Site Consulting Services. Upon request from Facility, NCMC Clinical
Engineers will provide Facility with maintenance inservices and other consulting
services.
2. Period of Coverage. NCMC shall provide Emergency Services 24 hours per day, Monday
through Friday. Emergency Service requests on weekends which require on site services
may be deferred until the next working day. Preventive Maintenance Services are typically
scheduled during regular working hours of 7:00 a.m. to 3:30 p.m., Monday through
Friday.
3. Response Time. Four (4) hours is the maximum response time for returning calls. If the
problem is determined by NCMC to be a failure requiring on-site service, a Clinical
Engineer will be dispatched. NCMC provides on-site response within twenty four (24)
hours or less, Monday through Friday, and may be deferred to the next working day on
weekends and holidays.
4. Limitation of Service. NCMC shall be under no obligation to furnish services for non-
qualified equipment. Non-qualified equipment is:
4.1 Any equipment which has been modified by Facility.
4.2 My equipment maintained under this Agreement in which Facility does not allow
NCMC to incorporate manufacturer recommended enhancements or
improvements.
4.3 My equipment which is outside its manufacturer's specified service life.
5. Access. NCMC shall have full and free access to the equipment to provide maintenance
service thereon, subject to Facility's security and administrative requirements. At any time
during the term of this agreement and upon reasonable notice, NCMC shall provide
Facility with access to equipment records maintained by NCMC listed on Exhibit A.
6. Government Access to Books and Records. The parties hereto further agree that
NCMC shall retain and make available upon request for a period of four (4) years after the
furnishing of such services as described in this contract; the contract, books, documents
and records which are necessary to certify the nature and extent of the cost thereof when
requested by the Secretary of Health and Human Services of the Comptroller General, or
any of their duly authorized representatives.
if NCMC carries out any duties of this contract through a subcontract with a related
organization, valued at $10,000 or more over a 12-month period, the subcontract shall
also provide that the Secretary of Health and Human Services or the Comptroller General
may have access to the subcontract and the subcontractor's books, documents and records
necessary to verify the costs of the subcontract for a period of four years after the services
have been furnished.
This provision relating to the above retention and production of documents is included
because of possible application of Section 1395x(v)(1)(I) of the Social Security Act to this
Agreement: if this Section should be found to inapplicable, then this clause shall be
deemed to be inoperative and without force and effect.
7. Equipment Transport. When deemed expedient by a NCMC Clinical Engineer, service
may be provided by shipment of the equipment to NCMC facilities. Such equipment shall
be returned to Facility as soon as it is restored to operating condition.
8. Indemnification. NCMC shall indemnify and save harmless the Facility against all actions,
claims and demands whatsoever, including costs, expenses and attorney's fees resulting
from or claimed to have resulted from any negligent acts of NCMC or its employees or
agents. Facility shall indemnify and save harmless NCMC against all actions, claims and
demands whatsoever, including costs, expenses and attorney's fees resulting from or
claimed to have resulted from any negligent acts of the Facility or its employees or agents.
9. Limitation of Liability. NCMC shall not be liable under any circumstances for any
incidental, special or consequential damages or economic loss, based upon breach of
warranty, breach of contract, negligence, strict liability in tort or any other legal theory,
even if NCMC has been advised of the possibility of such damages, including but not
limited to loss of profits, revenue or equipment use.
10. Insurance. NCMC agrees to secure and maintain in force during the term of this
Agreement comprehensive general liability, including blanket contractual liability, and
automobile insurance coverages, each with minimum limits of One Million Dollars
($1,000,000).
11. Warranty. NCMC warrants that equipment inspection services performed under this
Agreement by NCMC will be performed competently and in accordance with
manufacturers' recommended frequency and procedures, and equipment and service parts
furnished by NCMC will be operational upon installation. Because it is impossible to
predict the service life of parts and the use of equipment, the services provided under this
Agreement are not intended to guarantee the safe operation of equipment for every use.
Facility is always expected to check for proper operation of equipment in accordance with
good operating practice and the manufacturer's guidelines. NCMC makes no other
warranties, either express or implied with respect to the quality or availability of
equipment maintenance services.
12. Payment. Payments to NCMC of all invoices are based on the rates listed on Exhibit B
and will be made within 30 days of each invoice date. NCMC reserves the right to assess
a one and one-half percent (1 1/2%) monthly service charge on delinquent invoices except
that any such charge shall be limited to the charge allowable by law. Facility will also
reimburse NCMC for all collection expenses, including reasonable attorneys fees relative
to amounts billed by NCMC which have not been paid within thirty days.
13. Term. This Agreement shall become effective as of January 1, 1999 and shall continue in
force and effect until December 31, 1999 unless terminated as provided for hereafter.
14. Termination. Either party may terminate this Agreement without cause upon forty-five
(45) days written notice to the other party. In the event of a material breach of any of the
terms of this Agreement, either party shall give written notice as provided in Section 16 to
the other party who shall have thirty (30) days to cure the breach, or this Agreement may
be terminated thereafter at the option of the party claiming the breach.
15. Assignment. This Agreement shall be binding on and inure to the benefit of the parties to
it and their respective heirs, legal representatives, successors and assigns. NCMC reserves
the right to delegate its duties provided that NCMC obtains prior written consent of the
Facility. Such consent not to be unreasonably withheld.
16. Notices. Any notice required to be given under this Agreement shall be in writing and shall
be sent by certified mail, return receipt requested, postage pre-paid, to NCMC at:
Western Plains Health Network
Attn: Contracts Manager
1801 16th Street
Greeley, CO 80631
And to Facility:
Gary McCabe, Director
1121 M Street
Greeley, CO 80631
17. All Modification to be in Writing. No variation or modification of this Agreement,
whether by Facility's purchase order or otherwise, and no waiver of any of the
Agreement's provisions or conditions shall be binding unless in writing and signed by duly
authorized agents of NCMC and Facility.
18. Interruptions. In the event that the operation of NCMC's services are interrupted by war,
fire, labor troubles, the elements, acts of God, or any other cause beyond NCMC's control,
the provisions of this Agreement which NCMC is incapable of performing shall be
suspended for the duration of such interruption.
19. Waiver. The waiver of any breach or default under this Agreement by either party shall
constitute a waiver only as to such particular breach or default and shall not constitute a
waiver of any other breach or default. No claim or right arising out of a breach of this
Agreement can be discharged in whole or in part by waiver or renunciation of a claim or
right unless the waiver or renunciation is in writing and signed by an officer of the
aggrieved party.
20. Governing Law. This Agreement shall be construed in accordance with and governed by
the laws of the State of Colorado.
21. Independent Contractor Status. NCMC's relationship to the Facility during the term of
this Agreement shall be that of an independent contractor.
22. Entire Agreement. This Agreement supersedes and terminates any and all prior
agreements, if any whether written or oral, and all communications between the parties
with respect to the subject matter of this Agreement. The Facility agrees that it has not
relied on any representation, warranty or provision not explicitly stated in this Agreement;
that no oral statement has been made to it that in any way tends to waive any final written
expression of all terms of the Agreement, and it is complete and exclusive of all additional
or different terms and conditions of any purchase order or other document submitted by
Facility in respect to the services to be provided hereunder.
AGREED AND UNDERSTOOD:
LU 1'HERAN HEALTH SYSTEMS, WELD COUNTY
OPERATOR OF AMBULANCE SERVICE
NORTH COLORADO
MEDICAL
CENTER
By: By. ��
Karl B. Gills, Administrator • McCabe, P irector
Date: 3r�S Date: 3--
Ci n, Ei_le of County (03/(1/130
it:Si:
WELD COUNTY CLERK TO THE BOARD
By: G .6area.) o C _
Exhibit A
LIST OF EQUIPMENT
WELD COUNTY AMBULANCE
Date: 02/11/99 Equipment Inventory By Control A Report Page: 1
Time: 10:41 AM Listed in order of Control Number / Lowest to Highest
Control g Device Department Model Number Serial Number Status
BILLING AREA BILLING AREA BILLING AREA
WCAS0002 DOPPLER WCAS 78176 ACTIVE
WCAS0003 DOPPLER WCAS 78229 ACTIVE
WCAS0004 DOPPLER WCAS 82838 ACTIVE
WCAS0005 DOPPLER WCAS 82833 ACTIVE
WCAS0010 PORTABLE DEFIB WCAS LP5 15542/1579 TAKEN OUT OF SERVICE
WCAS00II DEFIB/MONITOR WCAS 43110A 2905A34627 TAKEN OUT OF SERVICE
WCASO012 DEFIB/MONITOR WCAS 43110A 2905A34634 TAKEN OUT OF SERVICE
WCASO013 DEFIB/MONITOR WCAS 43110A 2905A34636 TAKEN OUT OF SERVICE
WCA50014 DEFIBiMONITOR WCAS 43110A 2905A34634 TAKEN OUT OF SERVICE
WCAS00I5 DEFIB/MONITOR WCAS 43110A 2905A34386 TAKEN JUT OF SERVICE
WCA50016 DEFIB/MONITOR WCAS 43110A 2905A34390 TAKEN OUT OF SERVICE
WCAS0018 SUCTION UNIT WCAS 880000 1856-E059 ACTIVE
WCASOBE0 DEFIB/MONITOR WCAS 43110A 3205A36318 ACTIVE
WCAS202: PULSE OXIMETER WCAS 3740 FMGV00506 ACTIVE
WCA30022 PULSE OXIMETER WCAS 3740 FMOV02461 ACTIVE
WCAS00E3 PULSE OXIMETER WCAS 3743 FMOV02658 ACTIVE
WCAS20E4 INFUSION PUMP WCAS 28638 3279884 ACTIVE
WCASO025 INFUSION PUMP WCAS 2863B 3264107 ACTIVE
WCAS0026 DOPPLER WCAS POCKET DOPPLER Ii 86185 ACTIVE
WCAS8027 PULSE OXIMETER WCAS 3740 FM000O868 ACTIVE
WCAS0028 PULSE OXIMETER WCAS 3740 FMOV83011 ACTIVE
WCAS0109 DEFIB/MONITOR WCAS 43110A 2681A31020 TAKEN OUT OF SERVICE
WCAS0i57 PULSE OXIMETER WCAS 3748 FM0000899 ACTIVE
WCAS0884 PULSE OXIMETER WCAS 3740 FMO000884 RETIRED PERMANENTLY
WCASO905 DEFIB/MONITOR WCAS 1600 0905 ACTIVE
WCASIBiO BATTERY CHARGER WCAS LP5 0015466 TAKEN OUT OF SERVICE
WCAS1O11 DEFIB/MONITOR WCAS PD1400 2274 ACTIVE
WCAS1012 DEFIB/MONITOR WCAS PD1400 2740 ACTIVE
WCAS1013 DEFIB/MONITOR WCAS P01400 2700 ACTIVE
WCASIO14 DEFIB/MONITOR WCAS PD1400 2718 ACTIVE
WCAS1015 BATTERY CHARGER WCAS ACTIVE
WCAS10i6 BATTERY CHARGER WCAS 2361 ACTIVE
WCAS1017 BATTERY .CHARGER WCAS ACTIVE
WCAS1018 BATTERY CHARGER WCAS ACTIVE
WCAS1013 DOPPLER WCAS POCKET DOPPLER II 78156 ACTIVE
WCAS1203 DOPPLER WCAS 78230 ACTIVE
WCA52308 DEFIB/MONITOR WCAS 1600 E96H02308 ACTIVE
WCAS2T2O SUCTION UNIT WCAS 062720 ACTIVE
WCAS3962 DEFIB/MONITOR WCAS P01400 3962 ACTIVE
WCAS3968 DEFIB/MONITOR WCAS PD1400 3968 ACTIVE
WCAS3991 DEFIB/MONITOR WCAS PD1400 3991 ACTIVE
WCAS399'9 DEFIB/MONITOR WCAS PD1400 3999 ACTIVE
WCAS86-1 DEFIB/MONITOR WCAS 43110A 2601A30966 TAKEN JUT OF .SERVICE
WCA566-E 3LK16/MONITOR WCAS 43110A 2631A30968 TAKEN JLJ JF SERVICE
WCAS86-3 aEr.n/'ON;TOR WCAS 43110A 2601A32313 TAKEN OUT OF SERVICE
4CASD119 SUCTION UNIT WCAS 380000 ACTIVE
WCAS:13i SUCTION UNIT WCAS 880000 33359-J135 ACTIVE
WCASK141 SUCTION UNIT WCAS 880000 3082K141 ACTIVE
4CA3K299 SUCTION UNIT WCAS 880080 4026-RE99 ACTIVE
WCASLE79 SUCTION UNIT WCAS 380600 6765L210 ACTIVE
EXHIBIT B
NCMC will bill Facility, and Facility will pay NCMC in accordance with the following rate
schedule:
A. Emergency Service performed during normal working hours of 7:00 a.m. to 3:30
p.m., Monday through Friday, shall be charged at the rate of $45.50 per hour,
portal to portal, plus travel expenses.
B. Necessary repairs identified through Preventive Maintenance and performed during
normal working hours 7:00 a.m. - 3:30 p.m., Monday through Friday, shall be
charged at the rate of $45.50 per hour, portal to portal plus travel expenses.
NCMC shall request approval from Facility in the event an overnight is required in
order to accomplish repairs.
C. Preventive Maintenance Services shall be performed on qualified equipment on a
hourly basis and charged in the amount of$45.50 per hour, portal to portal, plus
travel expenses with food and lodging billed at cost.
D. Travel expenses shall include food and lodging billed at cost and mileage billed at
the rate of$.31 per mile.
E. Emergency Service performed outside normal working hours of 7:00 a.m.-3:30
p.m., including all times on Saturdays, Sundays, and holidays, shall be charged at
the rate of$68.25 per hour, portal to portal, plus travel expenses.
F. Emergency Service performed on legal holidays listed on Exhibit C shall be
charged at the rate of$68.25 , portal to portal, plus travel expenses.
G. All parts purchased by NCMC that are necessary for the repair of equipment shall
be charged to Facility in addition to the hourly rates specified above.
H. All inservices authorized by Facility and performed by NCMC will be charged at
the rate of$45.50 per hour, portal to portal, plus travel expenses.
Dated: February 11, 1999
EXHIBIT C
Services provided to Facility by NCMC Clinical Engineers on the following Legal
Holidays shall be reimbursed by Facility at time and one half(1 1/2) the agreed
upon hourly rate as specified in Exhibit B.
LEGAL HOLIDAYS
New Years Day
Memorial Day
Fourth of July
Labor Day
Thanksgiving Day
Christmas Day
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