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HomeMy WebLinkAbout20150642.tiff RESOLUTION RE: APPROVE AGREEMENT FOR MEDICAL PATHOLOGY SERVICES AND AUTHORIZE CHAIR 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 Medical Pathology Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Dr. James A. Wilkerson, IV, M.D., Dr. Patrick C. Allen, M.D., Dr. Michael Burson, M.D. PhD on behalf of Specialized Pathology Consultants PC., and Dr.John D. Carver, M.D., J.D., commencing March 1, 2015, and ending February 28, 2016, with further terms and conditions being as stated in said agreement and its attached Exhibit "A," and WHEREAS, the Board deems it advisable to approve said Agreement and its Exhibit "A", and to thereby terminate the Coroner/Medical Examiner Agreement 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 Coroner's Office, previously approved by Resolution on July 13, 2011. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that the Agreement for Medical Pathology Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Dr. James A. Wilkerson, IV, M.D., Dr. Patrick C.Allen, M.D., Dr. Michael Burson, M.D. PhD on behalf of Specialized Pathology Consultants PC., and Dr. John D. Carver, M.D., J.D., and its attached Exhibit "A", be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. BE IT FURTHER RESOLVED by the Board that the Coroner/Medical Examiner Agreement 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 Coroner's Office, previously approved by Resolution on July 13, 2011, be, and hereby is, terminated. Ca: Co, }}1-(Favor J. 3/31 2015-0642 CO0003 APPROVE AGREEMENT FOR MEDICAL PATHOLOGY SERVICES PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 9th day of March,A.D.,2015,nunc pro tunc March 1,2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,CO ORADO , ATTEST:dirjuitiaC ;ok arbara Kirkmeyer Chair Weld Co ty Clerk to the Board cJ Mike Freeman,Pro-Tern BY: Deputy Cler,o the B.r7. Sean P.Co way APPROVED AS TO FO ' Julie A.Cozad County Attorney - r Steve Moreno Date of signature: 2015-0642 CO0003 BOCC STAFF USE Date Set: Time BOARD OF COUNTY COMMISSIONERS WORK SESSION COVER LETTER Department/Office: General Services/Coroner Date: October 21, 2014 Person requesting work session: Trevor Jiricek/Mark Ward Extension: 2214 Has your commissioner coordinator/BOCC chair approved the work session? x Yes,commissioner coordinator Yes,BOCC chair Recommended length of time needed for discussion: 15 minutes x_20 minutes 30 minutes other(list) In addition to yourself and the board,please list who should attend: Bruce Barker, Brad Yatabe, Mark Ward, Don Warden Brief description of the issue: (please select one) x Informational only ❑Action needed Our contract pathologists have asked to update our contract to reflect actual practices and to amend the fee schedule. Options for the board: There are not many options. We can either update the contract or put it out for bid. Unfortunately,there are few appropriately credentialed pathologists in our area. Recommendation to the board: Update the contract to reflect current practices. BOARD CHAIR USE Results/Outcomes: 2015-0642 am OFFICE OF THE CORONER „i>�" ��46� Mark J. Ward, Coroner pp pFF�G OF TyF.. 1% •FON q •, "" , �� 915 10th Street, Ste 325 r. °" ,i‘79�•,.�?.1�l:��' Greeley, CO 80631 Vi-6‘40'''c-010,j Website: www.co.weld.co.us Alit„.COLO Phone: 970-392-4545 �Ni7 Fax: 970-392-4546 March 5, 2015 Memorandum To: Board of County Commissioners Subject: Contract Agreement for Medical Pathology Services The attached contract for pathology services is presented for your review and action. This matter is intended to come before you in public hearing on Monday, March 9, 2015 This contract updates and replaces the 2011 contract for the same pathology service. The changes in this contract include: A rate increase for pathology service from $925.00 to $950.00, and includes addition cost for"complex"cases, weekend work, and autopsy assistant fees. The contact also updates Medical Malpractice/Professional Liability. Action Requested: Chair to sign Mark J. Ward Coroner AGREEMENT FOR MEDICAL PATHOLOGY SERVICES BETWEEN THE BOARD OF COMMISSIONERS FOR WELD COUNTY,COLORADO AND JAMES A. WILKERSON IV MD PC, PATRICK C. ALLEN,MD, PC, SPECIALIZED PATHOLOGY CONSULTANTS PC, AND JOHN D. CARVER, MD,JD THIS AGREEMENT is made by and between Weld County, Colorado, by and through the Board of County Commissioners of Weld County, Colorado, whose address is 1150 O Street, Greeley, Colorado, ("County"), and (1)James A. Wilkerson, IV, MD, on behalf of James A. Wilkerson IV MD PC; (2) Patrick Allen, MD, on behalf of Patrick Allen, MD, PC,; (3) Michael Burson, MD, PhD on behalf of Specialized Pathology Consultants PC; and (4) John D. Carver, MD, JD, (individually referred herein as "Pathologist" or collectively as "Pathologists"),whose collective mailing address is P.O. Box 419, Loveland,Colorado 80539. RECITALS WHEREAS, pursuant to Sections 4-1(4), 4-2B(2), and 6-1 of the Weld County Home Rule Charter, the position of Weld County Coroner is to be appointed by County, and WHEREAS, County has appointed the Weld County Coroner to fulfill and perform those duties set forth in the Home Rule Charter and in accordance with requirements set forth in the Colorado Revised Statutes, and WHEREAS, County has, or will, contract with multiple pathologists in order to ensure that the Weld County Coroner's Office autopsy needs are met, and WHEREAS, Pathologists acknowledge the necessity of coordinating their availability to ensure that such autopsy needs are met, and WHEREAS, in order to assist said Coroner, County deems it necessary to enter into this Agreement for the provision of autopsy services by Pathologists as herein described. NOW THEREFORE, County and Pathologists, for the mutual promises and consideration stated herein, and incorporating the above Recitals as if fully set forth herein, agree as follows: I. SERVICES TO BE PERFORM ED BY PATHOLOGISTS Pathologists shall perform the services listed in the attached Exhibit A, attached hereto and incorporated herein by reference, during the term of this Agreement. I I. TERM The term of this Agreement shall be from March 1, 2015 to February 28, 2016, and Page 1 of 9 shall automatically renew for one year terms thereafter unless sooner terminated as provided in Section VII of this Agreement. III. PAYMENT AND FEE SCHEDULE A. As used in this Agreement and Exhibit A hereto, the term autopsy shall mean an external and internal examination of the body after death using review of medical records, surgical techniques, microscopy, and laboratory analysis. An autopsy is performed by a pathologist, a medical doctor specially trained for the procedure who is able to recognize the effects of disease on the body. The term complex autopsy shall mean an autopsy which takes 2.0 hours or more to complete such as police shootings, multiple gunshot or multiple stab wounds, and complex cases with large amounts of medical records. B. Pathologists shall be compensated only for the services performed pursuant to this Agreement. County shall pay Pathologists for services furnished, and Pathologists shall accept as full payment for those services, the following rates during the initial term of this Agreement: 1. Each completed autopsy and report will be billed at the rate of Nine-Hundred and Fifty Dollars ($950.00). 2. Each complex autopsy will be billed at the rate of One-Thousand and Fifty Dollars ($1,050.00). 3. Assistant fees will be billed per autopsy at One-Hundred and Ten Dollars ($110.00). In cases of homicide, weekends, and complex autopsies, assistant fees will be billed per autopsy at One-Hundred and Thirty-five dollars ($135.00). If additional time is required assistant time will he billed at the rate of$25.00/hour. 4. For the services listed in Sections B and C of Exhibit A, Pathologists shall charge the rate of Two-Hundred Dollars ($200.00) per hour. C. For each successive term beyond the initial tenn for which this Agreement is renewed, the rates for services listed above shall increase in equal percentage to the cost of living adjustments received at the beginning of such term by Weld County employees (e.g. a 2% cost of living adjustment would equate to a 2% fee increase). D. Toxicology, radiology, and microbiology testing will be billed separately to County by Horizon Toxicology and McKee Medical Center. E. Pathologists shall inform the Weld County Coroner or his designee if any specialized professional services are necessary to determine the cause of death (e.g. examination by a neuro-forensic pathologist). Any proposed specialized services must be approved by the Weld County Coroner or his designee prior to Pathologist obtaining them. The costs for such Page 2 of 9 services will be billed separately to County by the specialized professional. F. Payments shall be made by County to Pathologists only for fully completed autopsies and/or fully completed complex autopsies. A fully completed autopsy or complex autopsy requires that Pathologists deliver to the Weld County Coroner's Office a completed, typewritten autopsy report in standardized format pursuant to National Association of Medical Examiner guidelines. G. Invoices wi II be submitted to County by Pathologists on a monthly basis. Payment of the invoices by County will be made within thirty (30) days of receipt thereof. H. Payment pursuant to this Agreement, whether in full or in part. is subject to and contingent upon the continuing availability of County funds for the purposes hereof. In the event that funds become unavailable, as determined by County, County may terminate this Agreement with sixty (60) days written notice sent by certified mail to Pathologists. There shall be no requirement for Pathologists to perform the services described hereunder if County- is no longer able to render payment for such services. I. Pathologists shall be eligible for mileage reimbursement by County only for mileage incurred by Pathologists while traveling to and/or from a death scene upon being directed to do so by Coroner or his Chief Deputy. Mileage rates will be the same as the approved reimbursement rate paid to County employees. I V. INDEPENDENT CONTRACTOR Pathologists shall perform their duties hereunder as independent contractors and the relationship between County and Pathologists shall not be an employer-employee relationship nor a partnership or joint venture. Pathologists shall be solely and entirely responsible for their acts and those of their agents and employees, if any, for all acts performed pursuant to this Agreement. Neither Pathologists nor any agent or employee of Pathologists, if any, shall be deemed to be an agent or employee of County because of the performance of any services or work pursuant to this Agreement. Pathologists and their employees and agents, if any, are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Pathologists or any of their agents or employees. Unemployment insurance benefits and workers' compensation insurance will be available to Pathologists and their employees and agents, if any, only if such coverage is made available by Pathologists or a third party. Pathologists shall pay when due all applicable taxes, employment, income, or otherwise, incurred pursuant to this Agreement. Pathologists shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. V. INDEMNIFICATION A. County cannot and by this Agreement does not agree to indemnify, hold harmless, exonerate, or assume the defense of any Pathologist or any other person or entity whatsoever, for any Page 3 of 9 purpose whatsoever. Each Pathologist shall defend, indemnify, and hold harmless the County, its commissioners, officials, officers, directors, agents, and employees from any and all claims, demands, suits, actions or proceedings of any kind or nature whatsoever,including Workers Compensation claims, in any way resulting from or arising from the services rendered under this Agreement; provided, however, that each such Pathologist need not indemnify or save harmless County, its officers, agents and employees from damages resulting from the sole negligence of County's commissioners, officials, officers, directors, agents, and employees. B. Each Pathologist shall indemnify and hold harmless County and any of its commissioners, officials, officers, directors, agents, and employees from and against damages, liability, losses, costs, and expenses, including reasonable attorney's fees, but only to the extent caused by the negligent acts, errors, or omissions of such Pathologist, its employees, agents, or subcontractors, or others for whom the Pathologist is legally liable, in the performance of professional services under this Agreement. Pathologist are not obligated under this subparagraph V(B) to indemnify County for the negligent acts of County or any of its commissioners, officials, officers, directors, agents, and employees. VI. INSURANCE Each Pathologist shall, during the term of this Agreement, maintain insurance of the following types and amounts: A. Medical Malpractice/Professional Liability Insurance to include coverage for damages or claims for damages arising out of the rendering, or failure to render, any professional or medical services Pathologist has agreed to provide under this Agreement. Each Claim/Loss: $1,000,000 Aggregate: $2,000,000 B. At any time during the term of this Agreement, County may require Pathologists to provide proof of the insurance coverages or policies required under this Agreement. • VII. TERMINATION County or Pathologist(s) may terminate the Agreement at any time by giving written notice as specified herein to the other party, which notice shall be given at least 180 days prior to the effective date of the termination. Termination of this Agreement by any one or more Pathologist(s) shall not affect the terms of this Agreement in relation to any remaining Pathologist(s) who do not terminate this Agreement. • VIII. ADDITIONAL TERMS A. Jurisdiction and Venue: The laws of the State of Colorado shall govern as to the Page 4 of 9 interpretation, validity, and effect of this Agreement. The parties agree that jurisdiction and venue for any disputes arising under this Agreement shall be with the District Court of Weld County, Colorado. B. Compliance with Laws: During the performance of this Agreement. Pathologists agree to strictly adhere to all applicable federal. state and local laws, rules and regulations. including all licensing and permit requirements. C. Record Retention: Pathologists shall maintain records and documentation of the services provided under this Agreement, including fiscal records, and shall retain the records for a period of three (3) years from the date this Agreement is terminated. Said records and documents shall be subject at all reasonable times to inspection. review. or audit by authorized federal. stale. or County personnel. Upon termination of this Agreement for any reason. all client records generated by Pathologists, wherever located, shall remain the sole property of Pathologists. Weld County shall be the owner of all official Weld County Coroner's Office records. D. Confidentiality: Pathologists, their employees and agents. if any. shall strictly comply with and adhere to any and all state laws or professional ethical standards concerning the • confidentiality of any information obtained during the performance of Pathologists' obligations under this Agreement. E. Assignment: Neither this Agreement, nor any rights hereunder, in whole or in part. shall be assignable or otherwise transferable by Pathologist without the prior written consent of County. F. alai'.er: Al aiyer of strict performance or the breach of an\ provision of this Agreement shall not be deemed a 'yMyer. nor shall it prejudice the waiving party's right to require strict performance of the same provision, or any other provision in the future, unless such waiver has rendered future performance commercially impossible. G. Force Majeure: No party shall be liable for any delay or failure to perform its obligations hereunder to the extent that such delay or failure is caused by a force or event beyond the control of such party including. v.ithout limitation, vvar, embargoes. strikes. governmental restrictions, riots, fires. floods. earthquakes. or other acts of God. II. Notice: Any notices given under this Agreement are deemed to have been received and to be effective: 1) flute (3) days after the saute shall have been mailed by certified mail, return receipt requested, 2) immediately upon hand delivery. or 3) immediately upon receipt of confirmation that a facsimile was received. For purposes of this Agreement. any and all notices shall be addressed to the contacts listed belods: For the County: General Services Director Weld County Page 5 of 9 P.O. Box 758 Greeley,CO 80632 For Pathologists: Dr. James Wilkerson, Dr. Patrick Allen, Dr. Michael Burson, Dr.John Carver P.O. Box 419 Loveland, Colorado 80539 Phone: (970) 635-4125 or 4126 I. Integration of Understanding: This Agreement contains the entire understanding of the parties hereto and neither it, nor the rights and obligations hereunder, may be changed, modified, or waived except by an instrument in writing that is signed by the parties hereto. J. Severability: If any provision of this Agreement is determined to be unenforceable or invalid for any reason, the remainder of this Agreement shall remain in effect, unless otherwise terminated in accordance with the terms contained herein. K. Counterparts: This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. L. Inurement: Each of the terms, covenants, and conditions hereof shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. M. Paragraph Headings: Paragraph headings are inserted tier convenience of reference only. N. Authorization: Each party represents and warrants that it has the power and ability to enter into this Agreement, to grant the rights granted herein, and to perform the duties and obligations herein described. O. No Waiver of Immunities: No portion of this Agreement shall be deemed to constitute a • • waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Agreement. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-l0-101 et seq., as applicable now or hereafter amended. P. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the 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 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 Page 6 of 9 undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. Q. Public Contracts for Services. C.R.S. §8-17.5-101 : Pathologists certify, warrant, and agree that they do not knowingly employ or contract with an illegal alien who will perform work under this Agreement and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement through participation in the E-Verify program established pursuant to C.R.S. §8-17.5-102(5)(c). Pathologists shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Pathologists that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Pathologists (a) shall not use E-Verify Program or Department program procedures to undertake pre-employment screening or job applicants while this Agreement is being performed, (b) shall notify the subcontractor and County within three (3) days that Pathologists have actual knowledge that a subcontractor is employing or contracting with an illegal alien and (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Pathologists participate in the F-Verify program, Pathologists shall deliver to County a written notarized affirmation that the legal work status of such employee has been examined, and Pathologists shall comply with all of the other requirements of the F- Verify program. If Pathologists fail to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq.. County may terminate this Agreement for breach. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as of January I, 2015. ATTEST: atrAmi Xjaneok BOARD OF COUNTY COMMISSIONERS Weld Cou ty Clerk tot� '� + -+ ❑ � WELD COUNTY, COLORADO L 9Ler 2� Deputy CI n ;; '�a�y��` 1 'Barbara Kirkmeyer, hair MA 0 y 2015 ff a New Page 7 of 9 02-0/5— 0� �� APPROVED AS TO FUNDIN C : APPROVE[.) AS T -, • STAN ...E . a2.4 ( nr:tr, ! ; _ LIected C)t , ; a1 r Department E-lead N!' - Director of General Ser. ice: - A 1 " \' I . l? ;\ C H < Th Count:. .'\. .,_‘rnc ( - .I • es A . k' ilLcrson IV. \I1 ). on behalf of .1anmes A . 1t i l L rzon IV Nil) PC ,---4— .t •7 _Patrick Allen. MD. I on behalf of Patrick C . Allcn MD PC '1 4.-- / x-. • ( C .( •-' -- I — A el 9 Michael Burson. MD on behalf of Specialized Patholo % Consultants PC c-) rerr\ C tip` Joh, Caner. MD. ! D Page 8 of 9 EXHIBII A SERVICES TO BE PROVIDED PURSUANT TO THE AGREEMENT FOR MEDICAL PATHOLOGY SERVICES A. Pathologist shall coordinate with all other pathologists contracted kith Counts' to provide autopsc services to ensure that the services specified herein are available from 8 a.m. to p.m., 365 days per sear. Such coordination shall additionalls ensure that a pathologist is available at all times, either by telephone or some other communication medium. lbr consultation with Weld County Coroner's Office personnel concerning death investigations and organ donations. Autopsies shall be scheduled within twenty-four(24) hours of death, or as soon thereafter as practicable. once a determination of the need for an autopsy has been established. All autopsies performed shall be total body procedures unless otherwise directed by the Weld Counts Coroner or his designee. Pathologist shall determine the actual or suspected cause and manner of death as soon as practicable after each autopsy. In no event shall such determination be made later than forty-five (45) days after an autopsy has been completed, unless additional time is needed to obtain toxicology results or for other reasons beyond the control of Pathologist. Pathologist shall certify causes of death by completing a death certificate worksheet of those persons upon whom autopsies are performed. Autopsies will be performed at McKee Medical Center in Loveland. Autopsies may be performed at other facilities or locations in the event of unforeseen circumstances when such relocation becomes necessary. In such an event_ Pathologist shall so notify the Weld County Coroner or his designee within 24 hours of such necessity. 13. In each case where Pathologist feels an autopsy is not required. and Pathologist is willing to certify the death based on a review of the available records and circumstances of the death. the Coroner or Chief Deputy Coroner shall follow an agreed upon procedure to pros ide Pathologist with the necessary information. This shall be considered a consultation in lieu of autopsy. and shall he compensated at the hourly rate established in paragraph II l(B)(4) of the Agreement. C. In each case where the Coroner or Chief Deputy Coroner requests the attendance of Pathologist to a death scene. consultation fees shall be compensated per Section 111(13841 of the :Agreement. D. Pathologist will notify the Coroner or Chief Deputy Coroner if Pathologist will need to • review the Weld County Coroner's Office investigator's report before finalizing his autopsy report. As soon as practicable after the completion of the autopsy, Pathologist shall provide through a transcriptionist. paid lbr by Pathologist, a dictation describing the autopsy procedures employed. A typewritten report of each autopsy and the procedures employed. along w ith all work products. forms. diagrams_ photographs. and citations oft or copies of reference documents or portions of documents, relied upon by Pathologist in determination as to cause and manner of death. shall he completed and delivered by electronic mail to the Weld County Coroner's Office no later than forty-five (45) days after the completion of the autopsy, unless otherwise arranged with the Coroner. The report • shall he in a standardized format pursuant to National Association of Medical Examiner guidelines. Page 9 of 9 � COPIC Better Medicine • Better ( .k ( h. CERTIFICATE OF PROFESSIONAL LIABILITY INSURANCE CERTIFICATE 111)I _DER _ NAMED INSURED INSURED James A. Wilkerson James A. Wilkerson IV.M.D. PO Box 419 PO I3ox 419 Loveland, CO 80539-0419 Loveland. CO `0539-0419 GROUP NAME: James A. Wilkerson, IV, M .D. This certificate is issued as a matter of information only and confers no rights upon the holder. By its issuance the company does not alter. change. modify or extend the provisions of said policy and does not wake any of its rights thereunder. POLICY NUMBER: PCC0010(SS RETRO DATE: 3 12008 POLICY TERM: 3,13 12015 to 3:31 .2016 LIMITS OF LIABILITY: Per Medical Incident.'I'eer Review Incident: S2.000.000 Annual Aggregate: S4,000,000 SPECIALTY: Forensic Medicine Dated at Delper, Colorado Date: 2 25,.?O1 5 4 17 Countersigned by Authorized Representative CO-COI i 9 .01 ?010 Officex40 Denvet . Colou.tit' SO2I7-U_ 411 t _(11 $. M1(1O I - (I(1--32I - I S34 I :\\ 1 '=t11 s5sa o04 Post Box 1 '. � `'�' � Hello