HomeMy WebLinkAboutC13-025 Valley View Hospital Association AGREEMENT BETWEEN EAGLE COUNTY AND
VALLEY VIEW HOSPITAL ASSOCIATION
FOR MEDICAL OFFICER SERVICES
This Agreement ("Agreement") is entered into this4 day of ._ j ' I rk l , 20 I) , between
Eagle County, Colorado ( "County "), by and through its Board of County Commissioners
(hereinafter the "Board" or the "County ") and Valley View Hospital Association, a private non-
profit Colorado corporation ( "Hospital ").
WITNESSETH:
WHEREAS, Hospital is the owner and operator of an acute -care hospital in Glenwood Springs,
Colorado and the Eagle Valley Medical Center clinic in Eagle, Colorado ( "the Clinic "); and
WHEREAS, Hospital employs in the Clinic two physicians, Drew Werner, M.D. and Angela
Ammon, M.D., both of whom are licensed to practice medicine in the State of Colorado and are
residents of Eagle County; and
WHEREAS, County desires to appoint Dr. Werner as Eagle County Medical Officer and Dr.
Ammon as Eagle County Deputy Medical Officer for the term beginning on January 1, 2013, until •
further order of the Board
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing premises and the following
promises, the parties hereto agree as follows:
I. Appointment
Until further order of the Board, County hereby appoints Drew Werner, M.D. as Eagle County
Public Medical Officer to provide services required of Hospital hereunder, and in the event Dr.
Werner is unavailable, Angela Ammon, M.D. as Eagle County Deputy Public Medical Officer to
provide services required of Hospital hereunder. In the event that both Dr. Werner and Dr. Ammon
are unavailable to provide Medical Officer Services as requested by County, County may either (a)
elect approve of another Physician employed or retained by Hospital to render such services; or (b)
elect to contract for the services of a Physician not employed or retained by Hospital. In the former
event, such Physician must be specifically approved in writing by County prior to the rendering of
such services. The County may revoke its approval of a Physician at any time by written notice of
such revocation to the Hospital.
The term "Physician" as used herein shall mean any physician employed or otherwise retained by
Hospital and approved by County to furnish services pursuant to this Agreement. County may
revoke its approval of a Physician at any time by written notice of such revocation to Hospital. The
services of a Physician hereunder may be requested and activated by the Board of County
Commissioners, County Manager, Public Health Director, Environmental Health Director, or
Health and Human Services Executive Director ( "HHS ").
1
II. Licensure and Staff Membership
Hospital warrants that each Physician shall (a) at all times hold a currently valid and unlimited
license to practice medicine in the State of Colorado; and (b) 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.
Per Colorado State Board of Nursing requirements, collaborative agreements will be put into
place to designate prescriptive authority relationships between all of County's Advance Practice
Nurses and Drs. Werner and Ammon.
M. Physician Responsibilities
The Physician shall provide the following services upon request:
(a) Medical consultation on topics including, but not limited to, communicable disease
control, immunizations, indigent health care, screening programs and any other health
service provided by the County;
(b) Communication with and dissemination of information regarding health care needs and
issues to private health care providers in coordination with Health & Human Services
through the County's Health Alert Network;
(c) Consultation with Environmental Health Department, including evaluation of sanitary
standards and abatement of nuisances, and approving cease and desist orders;
(d) Consultation with the Public Health Director on issues that impact the public's health, as
well as both preparedness and response for public health emergencies;
(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;
(g) Participation in training in the areas of emergency management, public health services
and regulations, and child abuse and neglect reporting;
(h) Oversight of County's Advance Practice Nurses with regard to the prescriptive authority
provided them for program areas such as tuberculosis treatment, STD treatments, fluoride
varnish, and other program areas identified by the parties;
(i) Represent public health on identified community work groups or committees; and
(j) Attend quarterly Board of Health meetings, monthly or as needed meetings with public
health director, and six (6) Disease Prevention and Control team meetings.
The parties anticipate that the time required of the Physician in the provision of such services under
this Agreement will not exceed a total of ninety six (96) hours.
IV. Requirements
In the provision of services hereunder, Hospital and Physician shall do 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
HHS and the Health Information Portability and Accountability Act.
(b) Abide by the applicable provisions of County Media Policy; all media contacts to
Physician in the role of Medical Officer for the County are to be reported to the Director of
HHS, who will coordinate with the County Administrator, the County Attorney and the
County Communications Director in providing appropriate responses to such media
contacts.
(c) Comply with appropriate standards of customer service to the public and provide
Appropriate consultation in the development and implementation of Public Health protocols
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 HHS, at (970) 328 -8840, of all reports of suspected child or adult
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 County, the State of
Colorado, or the federal government.
V. Compensation of Hospital
As the sole source of compensation to the Hospital hereunder, County shall pay Hospital the base
rate of $1,000.00 per month ($12,000 per year), which includes up to 8 hours of service per month.
The total cost to the County for Medical Officer Services shall not exceed $12,000, absent an
amendment to this agreement signed by both parties. Hospital shall submit monthly billings to the
County. Billings will be paid through the County's usual bill paying process. For any month or
months during which no Physician is providing services hereunder because County has elected
option (b) under Section 1 hereof, no base rate billings shall be made by Hospital or paid by
County. If County elects option (b) under Section 1 hereof for a portion of any month, the
Hospital's base rate shall be prorated accordingly.
VI. 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 which certificate is attached hereto as Exhibit A.
VII. Independent Contractor Relationship
The relationship of Hospital and Physician to County shall be that of an independent contractor.
The Physician providing services under this Agreement shall not be deemed, for any purpose, to be
an employee or agent of the County, but while providing services under this Agreement, shall at all
times remain in the employ of the Hospital. 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 Hospital shall be deemed to be an
agent, employee, or volunteer of the County.
VIII. Prohibitions on Public Contract for Services
Hospital shall comply with C.R.S. § 8 -17.5 -101, et seq., regarding Illegal Aliens — Public
Contracts for Services, and this Contract. By execution of this Agreement, Hospital certifies that
it does not knowingly employ or contract with an illegal alien who will perform under this
Agreement and that Hospital will participate in the E -verify Program or other Department of
Labor and Employment program ( "Department Program ") in order to confirm the eligibility of all
employees who are newly hired for employment to perform work under this Contract.
A. Hospital shall not:
(i) Knowingly employ or contract with an illegal alien to perform work under
this contract for services; or
(ii) Enter into a contract with a subcontractor that fails to certify to the
Hospital that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under the public contract for
services.
B. Hospital has confirmed the employment eligibility of all employees who are
newly hired for employment to perform work under this Agreement through
participation in the E -verify Program or Department Program, as administered by
the United States Department of Homeland Security. Information on applying for
the E -verify program can be found at:
http:// www .dhs.gov /xprevprot/programs /gc 1185221678150.shtm
C. Hospital shall not use either the E -verify program or other Department Program
procedures to undertake pre - employment screening of job applicants while the
public contract for services is being performed.
D. If Hospital obtains actual knowledge that a subcontractor performing work under
the public contract for services knowingly employs or contracts with an illegal
alien, the Hospital shall be required to:
(i) Notify the subcontractor and the County within three days that the
Hospital has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
(ii) Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to subparagraph (i) of the paragraph
(D) the subcontractor does not stop employing or contracting with the
illegal alien; except that Hospital shall not terminate the contract with the
subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly
employed or contracted with an illegal alien.
E. Hospital shall comply with any reasonable request by the Department of Labor
and Employment made in the course of an investigation that the department is
undertaking pursuant to its authority established in C.R.S. § 8- 17.5 - 102(5).
F. If Hospital violates these prohibitions, the County may terminate the Agreement
for a breach of the contract. If the Agreement is so terminated specifically for a
breach of this provision of this Agreement, Hospital shall be liable for actual and
consequential damages to the County as required by law.
G. The County will notify the office of the Colorado Secretary of State if Hospital
violates this provision of this Contract and the County terminates the Agreement
for such breach.
IX. Term
This Agreement shall commence on January 1, 2013 and continue in effect until further
order of the Board. However, in no case shall the term of this Agreement extend beyond
December 31, 2013. Either party may terminate this Agreement at any time with or without
cause upon ten (10) days' written notice. In the event of a termination taking effect in mid -
month, the base rate payable under Section 6 hereof shall be pro- rated, and County shall pay
for all hourly billings for Physician services rendered prior to the effective date of such
termination.
X. 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 shown on the receipt, and in either case to the following addresses:
County Eagle County Public Health Agency
P.O. Box 660
Eagle, CO 81631
Attention: Jennifer Ludwig, Public Health Director
Hospital Valley View Hospital
1906 Blake Avenue
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.
XI. 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 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.
XII. Entire Agreement, Binding on the Parties
This Agreement constitutes the entire agreement between the parties related to the subject matter
hereof 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 Hospital and County and their respective successors, legal
representatives and permitted assigns.
XIII. 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.
XIV. 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 reasonably and necessarily incurred in connection with such
litigation, including attorney fees and out of pocket expenses.
XV. County Appropriations
Notwithstanding anything to the contrary contained in this Agreement, County shall have no
obligations under this Agreement, nor shall any payments be made to Hospital in respect of any
period after December 31st of each calendar year during the term of this Agreement, without the
appropriation therefor by 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. §29 -1 -101, et. seq.), and the TABOR
Amendment (Colorado Constitution, Article X, Sec. 20).
XVI. Indemnification
Within the limits of its available insurance coverage, Hospital shall indemnify and hold harmless
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.
XVII. 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 County because of any breach hereof or because of any of the terms, covenants,
agreements, or conditions herein.
XVIII. 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.
// SIGNATURE PAGE TO FOLLOW //
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set
forth above.
COUNTY OF EAGLE, STATE OF COLORADO,
By and through the Eagle County Manager
By: _// �G
Keith Montag, Eagle County Manager
VALLEY VIEW L ASSOCIATION
By : X:4
Title:
STATE OF C 01. 0,e14-6 0 )
) S S.
COUNTY OF All F I 'D)
The regoing instrument was acknowledged before me by 4/eV i2Ez426dis /Stzday
of , 2013
My commission expires: G - 2 / " /!o
A 1
Notary Public
USA R WILSON
Notary Public
State of Colorado
1
EXHIBIT A
PROOF OF INSURANCE
(Certificate of insurance to be inserted as Exhibit A)
ACORI CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY)
‘......-/ 4/1/2013 6/8/2012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
CONT
PRODUCER Lockton Companies, LLC Denver NAMEACT
8110E Union Avenue PHONE ( FAX
(A/C. No. ExtJ (A/C, No):
Suite 700 E -MAIL
Denver CO 80237 ADDRESS:
(303) 414 -6000 INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : COPIC Insurance
INSURED Valley View Hospital Association INSURER B : Praetorian Insurance. Company 37257
1033282 1906 Blake Avenue INSURER c : Hartford Casualty Insurance Company 29424
Glenwood Springs, CO 81601 INSURER D :
INSURER E :
INSURER F :
COVERAGES VALVI01 DE CERTIFICATE NUMBER: 1623588 REVISION NUMBER: XXXXXXX l
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I S
LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER M / POLICY EFF POLICY EXP LIMITS
(MDD/YYYY) (MM /DD/YYYY)
A GENERAL LIABILITY N N HCC0008971 4/1/2012 4/1/2013 EACH OCCURRENCE $ 1.000.000
DAMAGE TO RENE
X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occur ence) $ Included
CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 1.000
PERSONAL 8 ADV INJURY $ Included
GENERAL AGGREGATE $ 3.000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 3.000.000
POLICY
PRO- LOC $
JECT
B AUTOMOBILE LIABILITY N N PICC00003110 4/1/2012 4/1/2013 COMBINED SINGLE LIMIT
(Ea accident) $ 1.000.000
- ANY AUTO BODILY INJURY (Per person) $ XXXXXXX
ALL OWNED X SCHEDULED
AUTOS AUTOS BODILY INJURY (Per accident) $ XXXXXXX
X HIRED AUTOS X NON -OWNED PROPERTY DAMAGE $XXXXXXX
AUTOS (Per accident(
X HCPD X $1000 Ded $ XXXXXXX
.
A X UMBRELLA LIAB X OCCUR N N UCC0009134 4/1/2012 4/1/2013 EACH OCCURRENCE $ 15,000,000
EXCESS LIAB X CLAIMS -MADE AGGREGATE $ 15.000.000
DED X RETENTION $ 10,000 $ XXXXXXX
WORKERS COMPENSATION NOT APPLICABLE WC STATU- OTH-
AND EMPLOYERS' LIABILITY Y / N TORY LIMITS! I ER
ANY PROPRIETOR/PARTNER/EXECUTIVE E EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? I N / A XXXXXXX
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ XXXXXXX
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ XXXXXXX
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required)
(A) - Hospital Professional Liability $1,000,000/$3,000,000; $100,000 Deductible; (C) - Employee Dishonesty & Depositors Forgery $100,000; Computer Fraud
$100,000; $1,000 Deductible; ERISA Bond $500,000; D & 0 $10,000,000; EPLI $5,000,000, $50,000 Retention (Darwin); Fiduciary $3,000,000, $5,000 Retention
(Chubb Ins.). Flood Policy 6002236468 effective 02/17/2011 - 02/17/2012; Building: $199,700; BPP $150,500.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
1623588 AUTHORIZED REPRESENTATIVE
Evidence of Insurance
Valley View Hospital
( ak /l #
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 6 1 88 -2010 ACORD CORP TION. All rights reserved
