HomeMy WebLinkAboutC12-255 Valley View HospitalAGREEMENT BETWEEN EAGLE COUNTY
AND VALLEY VIEW HOSPITAL ASSOCIATION
FOR TITLE X FAMILY PLANNING PROGRAM CONSULTIIWG SERVICES
This agreement (“Agreement”)is entered into thithy of
______________,
2Oj between
Eagle County,Colorado (“County”),by and through its Board of County Commissioners
(hereinafter either 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 at Glenwood Springs,
Colorado and the Eagle Valley Medical Center clinic in Eagle,Colorado (“the Clinic”);and
Whereas,Hospital employs Angela Aminon,M.D.,who is licensed to practice medicine in the
State of Colorado and is a resident of Eagle County;and
Whereas,the Board desires to appoint Dr.Ammon as the Title X Family Planning program
consultant physician for the term beginning on January 1,2012,until further order of the Board;
and
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,the Board hereby appoints Angela Ammon,M.D.as Eagle
County’s Title X Family Planning Program Consultant.In the event that Dr.Ammon is unavailable
to provide such 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 retract its approval of a Physician at any time by written notice of such retraction 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
retract its approval of a Physician at any time for cause by written notice of such retraction 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”).
II.Licensure and Staff Membership
Hospital warrants that Dr.Ainmon and any other Physician providing services under this
Agreement 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 Dr.Ammon.
III.Physician Responsibilities
As Eagle County’s Title X Family Planning Program Consultant,Dr.Ammon or the Physician shall
provide the following services upon request of the County:
(a)Medical consultation on family-planning health services provided by the County;
(b)Medical oversight of County’s Advance Practice Nurses with regard to the prescriptive
authority provided them for program,and other program areas identified by the parties;
(c)Familiarity with the Title X medical guidelines as outlined in the Title X Nursing
Manual and agrees to follow them;
(d)Review and approval (via signature)of appropriate Colorado Department of Public
Health and Environment (CDHPE)Family Planning Program policies and protocols which
have been written and approved by the Medical Policy advisory Committee (MedPAC);
(e)Review and co-sign ten percent of client charts for the purpose of quality assurance.
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 thirty-six (36)hours.
IV.Requirements
li 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 Privacy and Accountability Act.
(b)Abide by the applicable provisions of County Media Policy;all media contacts to
Physician in the role of Title X family Planning Program Consultant for the County are to
be reported to the Director of fifiS,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)NotifS’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 for
services provided during the prior month at the rate of $75 per hour up to 36 hours per year.Total
compensation under this agreement shall not exceed $2,700 without a signed amendment to this
Agreement.Hospital shall submit monthly billings to the County for services provided during the
prior month.Billings will be paid through the County’s usual bill paying process.
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 upon request of County.
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:
(1)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/gcl 18522167$1 50.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 1,2012 and continue in effect until further
order of the Board.However,in no case shall the term of this Agreement extend beyond
December 31,2012.Either party may terminate this Agreement at any time with or without
cause upon ten (10)days’written notice.In the event of any such termination,Hospital
shall be compensated for all hours of work then satisfactorily completed prior to the date
of 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 maimer 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.
MI.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 LawNenue/Aftorney 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 contraly 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 afler 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 indenmify 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.
//SIGNA TURE PA GE TO fOLLOW//
in Witness Whereof,County and Contractor have executed this Agreement in triplicate on the
date set forth above.Two counterparts have been delivered to County and one to Contractor.
COUNTY OF EAGLE,STATE OF COLORADO,
By and through the Eagle County Manager
By:__
Title:€C
STATE OF COLORADO )
)ss
County of c,4ieicI )
The foregoing was acknowledged before me this a day of ,2OI
by ?b€rt J.J3€et[
Witness my hand and official seal.
My commission expires:
4iui 122akCL4L-)
aiy Public
(SON E
RAINS I 11
By:
VALLEY VIEW HOSPITAL ASSOCIATION
