HomeMy WebLinkAboutC05-084 Valley View Hospital Association
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AGREEMENT BETWEEN
EAGLE COUNTY
AND
V ALLEY VIEW HOSPITAL ASSOCIATION
THIS AGREEMENT is entered into as of January 11, 2005, by and between the COUNTY OF
EAGLE, STATE OF COLORADO, a body corporate and politic ("County") and V ALLEY
VIEW HOSPITAL ASSOCIATION, a private non-profit Colorado corporation ("Hospital").
WHEREAS Hospital is the owner and operator of an acute-care hospital at Glenwood Springs,
Colorado, and the Eagle Valley Medical Center clinic in Eagle, Colorado (the "Clinic"); and
WHEREAS the Hospital employs two physicians in the Clinic who are licensed to practice
medicine in the State of Colorado and are residents of Eagle County; and
WHEREAS the County desires to appoint these two physicians, Dr. Drew Werner, M.D. as
Eagle County Public Heath Officer and Dr. Angela Ammon, M.D. as Eagle County Deputy
Health Officer for the calendar year 2005; and
NOW THEREFORE, in consideration of the covenants herein contained, the parties hereto agree
as follows:
1. For the purposes of this Agreement, the term "Physician" shall mean any physician
employed or otherwise retained by Hospital and approved by County to furnish services pursuant
to this Agreement. County hereby appoints Drew Werner, M.D. as Eagle County Public Health
Officer and Angela Ammon, M.D. as Eagle County Deputy Health Officer for the calendar year
2005, to provide services required of Hospital hereunder.
In the event that both Dr. Drew Werner, and Dr. Angela Ammon, are unavailable to provide
Public Health Officer services as requested by the County, the County may elect to either
approve of another physician employed or retained by the Hospital to render services or the
County may elect to contract for the services of a physician not employed or retained by the
Hospital. If any other person is to be considered a physician qualified to provide services of
Hospital hereunder, such person must be specifically approved in writing by the County prior to
the rendering of such services.
2. Licensure and Staff Membership. Hospital warrants that each of the physicians employed
by it and providing services hereunder shall (i) at all times hold a currently valid and unlimited
license to practice medicine in the State, and (ii) apply for, be awarded and maintain in good
standing membership on the Medical Staff of Hospital with appropriate and unrestricted
privileges, or receive and maintain temporary privileges, all in accordance with Hospital's
policies, and (iii) obtain the initial and continuing approval of County to provide services
required of Hospital hereunder.
3. Space, Equipment, Supplies, and Personnel. The County shall make available during the
term of this Agreement such space and equipment as may be required for the proper operation
and conduct of the Public Health function (the "PH function") of the Health & Human Services
department of the County ("HHS"). County shall purchase all necessary expendable supplies for
the proper operation of the PH function. All non-physician personnel required for the
maintenance of the PH function shall be employed, assigned or terminated by the County.
4. Commitment and Professional Duties. Hospital will provide the appointed physicians to
serve as Eagle County Public Health Officer and Eagle County Deputy Public Health Officer for
the calendar year 2005. The services of the Public Health Officer may be requested and
activated by the Board of County Commissioners, County Manager, Director of Environmental
Health, Director of HHS, or the Eagle County Nurse Manager. All non-emergency response
services will be requested in writing. Drew Werner, M. D. shall serve as the Eagle County
Public Health Officer. When Drew Werner is unavailable, Angela Ammon, M.D. will provide
services hereunder as the Eagle County Deputy Public Health Officer. Physician shall provide
the following services upon request:
(a) Medical consultation for public health nursing, including communicable disease
issues and medical protocols for public health clinics;
(b) Communication with and dissemination of information regarding health care needs
and issues to private health care providers (Health Alert Network);
(c) Consultation with Environmental Health, including evaluation of sanitary
standards and abatement of nuisances, and approving cease and desist orders, depending upon
program;
(d) Health consultation for public health emergency services, both preparedness and
response;
(e) Consultation to the Board of County Commissioners, Emergency Management,
Environmental Health, and HHS, including participation in Board of Health meetings;
(f) Provision of written reports and recommendations regarding public health issues,
upon reasonable request; and
(g) Participation in training in the areas of emergency management, public health
services and regulations, and child abuse and neglect reporting.
The parties anticipate that the time required of Physician in the provision of such services will
not exceed 96 hours in any contract year.
5. Requirements. In the provision of services hereunder, Hospital and Physician shall do
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the following:
(a) Safeguard protected health information of individuals and the confidentiality of
situations for which Physician's consultation is requested, in accordance with the rules of Eagle
County HHS and the Health Information Privacy and Accountability Act.
(b) Abide by the applicable provisions of the Eagle County Media Policy; all media
contacts to Physician in the role of Public Health Officer for the County are to be reported to the
Director of HHS.
(c) Comply with appropriate standards of customer service to the public and provide
appropriate supervision of PH function employees to promote the maintenance of high standards
of customer service and professionalism.
(d) Comply with the requirements of the Civil Rights Act of 1964 and Section 504,
Rehabilitation Act of 1973 concerning discrimination on the basis of race, color sex, age,
religion, national origin, or handicap.
(e) NotifY immediately Eagle County Health & Human Services, Adult and Family
Services Division, at (970) 328-8840, of all reports of suspected child abuse or neglect made to
or observed by or otherwise coming to the attention of Physician.
(f) Comply with all applicable laws, resolutions, and codes of Eagle County, the
State of Colorado, or the federal government.
6. Compensation of Hospital. As the sole source of compensation to the Hospital
hereunder, County shall pay Hospital the base rate of $400.00 per month plus $50.00 per hour
for each hour of professional service provided by Physician hereunder. Hospital shall submit
monthly billings to the County. Billings will be paid through the County's usual bill paying
process.
7. Insurance. Hospital shall maintain Physicians Professional Liability Insurance coverage
for Physician of at least One Million Dollars ($1,000,000.00) per occurrence. Hospital shall
provide a certificate evidencing such coverage upon request of County.
8. Status of Hospital. Hospital's relationship to the County shall be that of an independent
contractor and nothing in this Agreement is intended or shall be construed to create an
employer! employee relationship, a joint venture relationship, a lease or landlord/tenant
relationship. No agent, employee, or volunteer of the Hospital shall be deemed to be an agent,
employee, or volunteer of the County.
9. Term. This Agreement shall commence on the date hereof and continue in effect
until December 31, 2005. Either party may terminate this Agreement at any time
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with or without cause upon ten (10) days' written notice
10. Notices. Notices required to be given under this Agreement shall be in writing and shall
be deemed to have been duly given and received upon delivery or if mailed by certified mail,
return receipt requested, postage prepaid, upon the date shovvn on the receipt, and in either case
to the following addresses
County Eagle County Health & Human Services
Post Office Box 660
Eagle, CO 81631
Hospital Valley View Hospital
Post Office Box 1970
Glenwood Springs, CO 81602
Attention: Deb Wiepking, CNO
or such other address as the parties shall inform each other of in writing in the manner set forth
above.
11. Amendments; Assignment; Terminology. This Agreement may be amended at any time
by mutual agreement of the parties, but any such amendment shall not be operative or valid
unless reduced to writing and signed by the parties. This Agreement may not be assigned by
Hospital without the prior written consent of the County. All personal pronouns used in this
Agreement, whether used in the masculine, feminine or neuter gender, shall include all other
genders; the singular shall include the plural; and the plural shall include the singular.
12. Entire Agreement, Binding on the Parties. This Agreement constitutes the entire
agreement between the parties related to this subject matter and supersedes all previous
communications, negotiations, or agreements on the same, whether verbal or written, except as
expressly set forth herein. This Agreement shall be binding upon and inure to the benefit of the
Hospital and the County and their respective successors, legal representatives and permitted
aSSIgns.
13. Severability . The invalidity or unenforceability of any provision of this Agreement
shall not affect the other provisions hereof, and this Agreement shall be construed as if such
invalid or unenforceable provision was omitted, unless the stricken provision goes to the essence
of the Agreement and enforcement of the remaining provisions would be manifestly inequitable.
14. Governing Law/Venue/Attorney Fees. This Agreement shall be governed by the laws of
the State of Colorado. Jurisdiction and venue for any suit, right, or cause of action arising out of
this Agreement shall be exclusive in Eagle County, Colorado. In the event of litigation arising
out of this Agreement, the prevailing party shall be entitled to recover all reasonable costs
incurred, including attorney fees and out of pocket expenses.
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IS. County Appropriations. Notwithstanding anything to the contrary contained in this
Agreement, the County shall have no obligations under this Agreement, nor shall any payments
be made to Hospital in respect of any period after December 31 st of each calendar year during
the term of this Agreement, without the appropriation therefor by the County in accordance with
the budget adopted by the Board of County Commissioners in compliance with the provisions of
Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law
(C.R.S. S29-1-101, et. seq.), and the TABOR Amendment (Colorado Constitution, Article X,
Sec. 20).
16. Indemnification. Within the limits of its available insurance coverage, Hospital shall
indemnifY and hold harmless the County, its Board of Commissioners and the individual
members thereof, its agencies, departments, officers, agents, employees, servants, and
successors from any and all demands, losses, liabilities, claims, or judgments, costs and
expenses, including but not limited to reasonable attorney fees, arising out of any act or omission
of Hospital, its employees or agents in the performance of its obligations under this Agreement.
17. No Third Party Beneficiaries. This Agreement does not, and shall not be deemed or
construed to, confer upon or grant to any third party or parties any right to claim damages or to
bring any suit, action, or other proceeding against either Hospital or the County because of any
breach hereof or because of any of the terms, covenants, agreements, or conditions herein.
18. Counterparts. This Agreement will be executed in triplicate. Two counterparts shall be
delivered to the County and one to the Hospital, and each shall constitute an original.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first
above written.
ATTEST: COUNTY OF EAGLE, STATE OF COLORADO
its Board of County Commissioners
"
V ALLEY VIEW HOSPITAL ASSOCIA nON
By: tk;~;;:14<r~-
(Gary B 'er, CEO
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