HomeMy WebLinkAbout20151817.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR MEDICAL PATHOLOGY SERVICES AND AUTHORIZE
CHAIR TO SIGN - DAWN B. HOLMES, INC.
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. Dawn Holmes, on behalf of Dawn B. Holmes, Inc.,
commencing July 1, 2015, and ending June 30, 2016, 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 Medical Pathology Services between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and
Dr. Dawn Holmes on behalf of Dawn B. Holmes, Inc., 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 22nd day of June, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLO ADO
ATTEST: dQtiW! '�• . lot1
rbara Kirkmeyer, hair
Weld County Clerk to the Board �
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�/ � � /� Mike Freeman, Pro-Tern
BY: �L&)a) • f�
Dey Clerk to the Etoard
La% Sean P. Conway a
APPROVED AS TO FORC---E ---4f1---6-4° a
11161 (.' _di ulie A. Cozad
County Attorney �r® '�^'"u NIS� Steve Moreno
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Date of signature: tO/g
CCU'CO -7/(i)
2015-1817
CO0003
OFFICE OF THE CORONER
Mark J. Ward, Coroner
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915 10th Street, Ste 325
J 4►:-� Greeley, CO 80631
t 'rte"�' Website: www.co.weld.co.us
l It, .c. A c Phone: 970-392-4545
coo as ? Fax: 970-392-4546
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RECEIVED
June 15, 2015
JUN 15 2015
Memorandum WELD COUNTY
COMMISSIONERS
To: Board of County Commissioners
Subject: Contract agreement for Medical Pathology Services; Dr. Dawn Holmes
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, June 22nd, 2015
This contract is in addition to a previous contract with other pathologists for the same services. This
contract was necessary because the pathology group has brought Dr. Holmes into the autopsy service
rotation which includes Weld County cases.
Action Requested: Chair to sign
Mark J. Ward
Coroner
2015-1817
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW/WORK SESSION REQUEST
SUBJECT: Agreement for Medical Pathology Services between the Board of Commissioners for
Weld County, Colorado and Dawn Holmes, INC, MD
DEPARTMENT: Coroner DATE: 5/29/2015
PERSON REQUESTING: M. Ward
Brief description of the problem/issue:
The Pathology group that we contract with for autopsies has brought another forensic pathologist on
board. Dr. Dawn Holmes will be conducting some of our autopsies in the future. As such, we need
to execute a contract with her. As the BOCC recalls, a similar contract was reviewed and executed
with forensic pathologists Dr.'s Wilkerson, Allen, Burson and Carver this past March. We discussed
that contract with the BOCC in a work session on October 21, 2014.
The contract with Dr. Holmes is essentially identical to previously executed contract with other
forensic pathologists, except that she alone is specified in the currently proposed agreement, and that
the effective dates of the contract are different. THIS CONTRACT WILL NOT RESULT IN
ADDITIONAL COSTS TO THE COUNTY AS DR. HOLMES WILL BE CONDUCTING
AUTOPSIES THAT WOULD OTHERWISE BE CONDUCTED BY OUR CURRENT CONTRACT
PATHOLOGISTS.
Frank Haug has reviewed the contract and approves of the form.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
The BOCC could decline to contract with Dr. Holmes. Declining to contract with Dr. Holmes could
potentially delay some autopsies.
The BOCC could enter into the contract with Dr. Holmes and proceed with her in the same manner
as we do with all other forensic pathologists that are practicing in our area.
Recommendation:
The Coroner recommends that the BOCC enter into the contract with Dr. Holmes.
Approve
Recommendation ScheduleWork Session Other/Comments:
Barbara Kirkmeyer, Chair
Mike Freeman
Sean P. Conway /Y"C
Julie Cozad
-E-3414
Steve Moreno
AGREEMENT FOR MEDICAL PATHOLOGY SERVICES BETWEEN THE BOARD OF
COMMISSIONERS FOR WELD COUNTY, COLROADO AND DAWN HOLMES INC, MD.
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 Dr. Dawn Holmes,on behalf of Dawn B. Holmes, Inc., whose
address is 5071 Covelo Drive, Castle Rock,CO., 80108(referred to herein as the"Pathologist"or by
individual name,or collectively with Doctors Wilkerson, Burson, Carver, and Allen as the
"Pathologists"), a board-certified or board eligible forensic pathologist.
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 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 the 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 PERFORMED 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.
II. TERM
The term of the Agreement shall be from July 1,2015 to June 30,2016 and 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 the 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 be 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 term 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 of 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 cost
for such services will be billed separately to County by the specialized professional.
F. Payments shall be made by County, to Pathologists for fully completed autopsies and/or
fully completed complex autopsies. A fully completed autopsy or complex autopsy
requires that Pathologists deliver to the Weld Count Coroner's Office a completed,
typewritten autopsy report in standardized format pursuant to National Association of
Medical Examiner guidelines.
G. Invoices will 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 o 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.
1. 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.
IV. 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 purpose whatsoever. Each Pathologist shall defend, indemnify, and
hold harmless the County, its commissioners, officials,officers, directors, agent, 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 an 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 Pathologists, its employees,
agents, or subcontractors,or others for whom the Pathologist is legally liable, in the
performance of professional services under this Agreement. Pathologists 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 the 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 the Pathologist 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 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
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, the Pathologists
agrees to strictly adhere to all applicable federal, state and local laws, rules and
regulations, including all licensing and permit requirements.
C. Record Retention: The 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, state, or County personnel. Upon termination of this Agreement
for any reason, all client records generated by the Pathologists, wherever located, shall
remain the sole property of Pathologists. Weld County shall be the owner of all
official Weld Coroner Office records.
D. Confidentiality: The Pathologists and its employees 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 the 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 the Pathologists without the prior written
consent of the County.
F. Waiver: Waiver of strict performance or the breach of any provision of this Agreement
shall not be deemed a waiver, 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,without limitation,war, embargoes,
strikes, governmental restrictions,riots, fires, floods, earthquakes, or other acts of
God.
H. Notice: Any notices given under this Agreement are deemed to have been received
and to be effective: 1) three (3)days after the same 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 the
purposes of this Agreement, any and all notices shall be addressed to the contacts
listed below:
For County:
General Services Director
Weld County
PO Box 758
Greeley, CO 80632
For the Pathologist(s):
Dawn B. Holmes, MD
5071 Covelo Drive
Castle Rock. CO 80108
Phone: (720) 315-1773
Dr.James Wilkerson, Dr.Patrick Allen, Dr. Michael Burson,and 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 for 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.
0. 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 §24-10-10I 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 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. Pathologist(s)certify, warrant, and agree
that they do not knowingly employ or contract with an illegal alien who will perform work
under this contract 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). Pathologist(s) 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 Pathologist(s)that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under this Agreement. Pathologist(s)(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 Pathologist(s)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 the 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 Pathologist(s)participate
in the E-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 E-verify program. If Pathologist(s)fail to
comply with any requirement of this provision or of C.R.S. §S-17.5-101 et seq.,County,
may terminate this Agreement for breach.
IN W TNE S WYEREOF,the parties hereto have executed this Agreement effective as of
6 o(!j(tip 2p15 �r
ATTEST: ;"' BOARD OF COUNTY COMMISSIONERS
Weld soup Clerk to the B oath D COUNTY,COLO DO
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BY: - //� �_ 'I I. 4,` :u
Deputy CI tot e J.rd � rbaraKirkmeyer, r ,JUN 2 2015
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Controller �+ 1j ' Electe f cial or Department ead
APPROVED AS TO FORM: TWO Let)
VfAi ,//. Director of Ge ral Services
County Attorney„' C���^
Dawn B. Holmes, MD
On behalf of Dawn B. Holmes, Inc.
°26o--477
EXHIBIT A
SERVICES TO BE PROVIDED PURSUANT TO THE AGREEMENT FOR MEDICAL
PATHOLOGY SERVICES
The Pathologists shall provide the following services:
A. Pathologist(s) shall coordinate with all other pathologists contracted with County to provide
autopsy services to ensure that the services specified herein are available from 8 a.m. to 5 p.m.,
365 days per year. Such coordination shall additionally ensure that a pathologist is available at all
times, either by telephone or some other communication medium, for consultation with Weld
County Coroner's Office personnel concerning death investigations and organ donation.
Autopsies shall be scheduled within twenty-four(24)hours of death, or as soon thereafter as
practicable once determination of the need for an autopsy has been established. All autopsies
performed shall be total body procedures, unless otherwise directed by the Weld County Coroner
or his designee. Pathologist(s) 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 the Pathologist.
Pathologist(s) shall certify causes of death by completing a death certificate worksheet of those
person 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, the
Pathologist shall so notify County within 24 hours of such necessity
B. In each case where the pathologist feels an autopsy is not required, and the 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 provide the
Pathologist with the necessary information. This shall be considered a consultation lieu of
autopsy, and shall be compensated at the hourly rate established in paragraph III(B)(4)of the
Agreement.
C. In each case where the Coroner or Chief Deputy Coroner requests the attendance of the
Pathologist at a death scene, consultation fees shall be compensated at the per Section III(B)(4)
of the Agreement.
D. Pathologist(s)will notify the Coroner or Chief Deputy Coroner if Pathologist(s)will need to
review the Weld County Coroner's Office Investigator's report before finalizing his/her
autopsy report. As soon as practicable after the completion of the autopsy. Pathologist(s) shall
provide through a transcriptionist, paid for by Pathologist(s),a dictation describing the autopsy
procedures employed. A typewritten report of each autopsy, and the procedures employed,
along with all work products,forms, diagrams, photographs, and citations of, or copies of
reference documents or portions of documents, relied upon by Pathologist(s) in determination
as to cause and manner of death shall be competed 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 be in a standardized format pursuant
to National Association of Medical Examiner guidelines.
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