HomeMy WebLinkAbout2019-371-E Emergency Svc - UNC Medicine Medical Director services DocuSign Envelope ID:C147995A-34FD-4913-8C66-E8A65CCEA168
AN AGREEMENT TO PROVIDE EMERGENCY MEDICAL DIRECTOR SERVICES
THIS AGREEMENT dated July 1, 2019 between The University of
North Carolina at Chapel Hill on behalf of its Department of Emergency Medicine (the
"University"), and the County of Orange (the "County") for provision of Emergency
Medical Director Services to Orange County.
WITNESSETH
Whereas, the County and the University have historically cooperated and worked
jointly on matters of mutual concern and interest; and
Whereas, the County operates and maintains a Department of Emergency Services
which, as one of its functions, provides emergency medical care to the residents of the
County; and
Whereas, the County wishes to have associated with this program trained
physicians specializing in emergency medicine to provide guidance and support; and
Whereas, the University, through its Department of Emergency Medicine, wishes to
provide this service for the County; and
Whereas, performance of the activities described herein is consistent with the
University's goals of research, teaching, education and public service.
NOW, THEREFORE, in consideration of the premises and the mutual covenants
and conditions set forth below, the County and the University agrees as follows:
1. The University agrees to provide a physician from the Department of
Emergency Medicine to serve as Emergency Medical Director to the County
(hereafter"the Medical Director").
2. The duties of the Medical Director shall include the following:
a. Provide medical direction for the emergency medical services program of
Orange County, including Medical and First Responder, Basic Life Support,
Advanced Life Support, and special events coverage, including the
Emergency Medical Service personnel of any agency franchised to provide
emergency services in Orange County.
b. Provide medical oversight, guidance, and leadership for medical issues and
responses for fire and law enforcement partners in Orange County.
c. Develop, review, and periodically update medical treatment protocols in
conjunction with the County Director of Emergency Services or designee
(hereafter"the Director").
1
DocuSign Envelope ID:C147995A-34FD-4913-8C66-E8A65CCEA168
d. Provide medical treatment supervision of personnel by randomly responding
to EMS calls and observing the approach, demeanor, relationships, and
medical treatment provided to the patient and others by all responding
personnel including, Medical and First Responders, Fire, Law Enforcement,
Rescue, and EMS.
e. Facilitate a program of total quality management of patients addressing
compliance to protocol, standards of care, technician proficiency,
appropriate patient management, effectiveness of treatments and protocols,
evaluation for positive patient outcomes and other components of the
Orange County EMS system that occur from access through 911 to delivery
through the Emergency Department at the University of North Carolina
Hospitals or other appropriate location in accordance with applicable law or
policy. Provide ongoing recommendations to the Director of system needs
and changes necessary to implement and operate the patient total quality
management program.
f. Serve as the contact person for UNC Hospitals and receive complaints,
comments, or questions from the hospital's medical staff about out-of-
hospital emergency medical issues and consult with the Director or their
designee for resolution.
g. Assist the Medical Affairs Officer for the County's Department of
Emergency Services in general medical issues for HazMat, Fire, Rescue,
Law Enforcement, and others in providing coverage for special events,
planning for mass casualty, and other activities outside the routine EMS
tasks.
h. Serve as the medical director for the Emergency Medical Dispatch program
and perform the same functions for Communications as noted in sub-
paragraphs b, c and d.
i. Review data about the EMS System in Orange County and analyze activity
and trends through interpretation of various databases.
j. Provide weekly administrative time at the Department of Emergency
Services for consultation and review of medical issues with the Director.
k. Be available by telephone for twenty-four (24) hours a day medical
consultation.
1. Relate to all patients and staff of the County in a professional manner.
m. Provide medical consultation in accord with accepted methods and
procedures.
2
DocuSign Envelope ID:C147995A-34FD-4913-8C66-E8A65CCEA168
n. Other duties as may be requested and necessary in assuring a quality EMS
program for Orange County.
3. The department head of the University's Department of Emergency Medicine,
with the advice and consent of the Director, shall designate the physician who
will serve as the Medical Director and the name of any physician or physicians
who will provide services under this Contract as back-up to the person named as
the Medical Director in the event the Medical Director is unavailable. The
names of those designated shall, upon designation, be provided to the Director
within 30 days of the start of this Agreement.
a. Any change in the persons designated will be agreed upon by the head of
the University's Department of Emergency Medicine and the Director.
b. The University and the County shall indicate their agreement to the
designation of the Medical Director and any other physicians involved as
described above by signing the "Designation of Medical Director"
attachment("Attachment A")to the Contract.
4. In the event that the Medical Director and back-up physicians become unwilling
or unable to perform the duties required by this Contract, the University shall,
with the advice and consent of the Director, designate replacements. If
agreement on designation is not achieved, then this Contract shall terminate.
5. The University shall be responsible for ensuring that any physicians providing
services under this Contract maintain current registration and licensure and shall
provide evidence of such to the County upon request.
6. The County shall compensate the University for the services provided pursuant
to this Contract in the amount of fifty one thousand seven hundred dollars
dollars ($51,700) per year for services provided from July 1 of each year
through June 30 of the next year. The University shall invoice the County on or
about July 15t of each year and the County shall provide payment within 30 days
of receipt of invoice.
7. The County and the University shall each designate one person as its' official
contact person for purposes of implementing and administering this Contract.
8. Nothing contained therein is intended to alter or abridge the employment
relationship between the University and its employees or the County and its
employees.
9. Any University staff providing services under this Contract to the County shall
be provided with the University's medical and hospitalization benefits and
3
DocuSign Envelope ID:C147995A-34FD-4913-8C66-E8A65CCEA168
insurance and be covered by Worker's Compensation insurance or self
insurance.
10. Both parties to this contract will adhere to local, state, and federal legal
requirements, including those regarding claim submission for third party payors
and those regarding the confidentiality of medical records, and may enact other
contracts or agreements stipulating the specific arrangements for achieving this
compliance including a Business Associate Agreement, which is attached as
Attachment B and incorporated into this Agreement as set forth herein.
11. This Agreement shall run for a period of one year, from the 1 st day of July,
2019 to the 30th day of June, 2020, and shall be renewable, upon the mutual
written agreement of the parties.
12. This Agreement or its renewals may be terminated at any time and as provided
in paragraph 4, without penalty by either party provided that written notice of
such termination is furnished to the other party at least 90 days prior to
termination. In the event of such termination any payment due shall be prorated
to the date of termination. If either party defaults in its obligations and does not
cure such default within ten (10) days of receipt of notice of such default, the
non-defaulting party may immediately terminate the Contract.
13. Independent Contractor. The services rendered by the University and the they
physicians appointed medical director pursuant to this Agreement are those of
an independent contractor with respect to Orange County Government. For all
purposes, the medical director is an employee of The University and not an
employee of Orange County Government. Nothing contained in this Agreement
shall be construed to create the relationship of principal and agent, or employer
and employee, between The University and Orange County Government.
14. The University shall be responsible for the negligence of its employees and
agents to the extent allowed under the North Carolina Tort Claims Act. Further,
the University shall provide adequate professional liability self-insurance for the
University personnel who provide the services described in this Contract. The
insurance limits will be stated in a Certificate of Insurance or other written
evidence of insurance submitted to the County at the time the Contract is
commenced.
15. No transfer or assumption of liability for the acts of the employees or agents of
either party is intended by the parties to this Contract.
16. The University and the County hereby agree that, in their educational and/or
employment practices, each will comply with such non-discrimination laws as
may be applicable to them in the performance of this Contract.
4
DocuSign Envelope ID:C147995A-34FD-4913-8C66-E8A65CCEA168
17. This Contract contains the entire understanding of the parties and shall not be
altered, amended, or modified, except by an agreement in writing executed by
the duly authorized officials of both parties.
18. The laws of North Carolina shall govern the validity and interpretation of the
provisions, terms, and conditions of the Contract. By executing the
Agreement, University affirms that University is and shall remain in
compliance with Article 2 of Chapter 64 of the North Carolina General
Statutes. By executing this Agreement University certifies that University has
not been identified, and has not utilized the services of any agent or
subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-
86.58.
19. No provision of this Agreement shall be construed or interpreted as creating a
pledge of the faith and credit of the Orange County within the meaning of any
constitutional debt limitation. No provision of this Agreement shall be
construed or interpreted as creating delegation of governmental powers or as a
donation by a lending of the credit of Orange County within the meaning of the
Constitution of the State of North Carolina. This Agreement shall and does not
directly or indirectly or contingently obligate Orange County Government to
make any payments beyond those appropriated in the sole discretion of Orange
County for any fiscal year in which this Agreement shall be in effect. No
deficiency judgment may be rendered against Orange County in any action for
breach of a contractual obligation under this Agreement and the taxing power of
Orange County is not and may not be pledged directly or indirectly or
contingently to secure any monies due under this Agreement.
20. Health Care Regulatory Covenants. The parties acknowledge and agree that
the compensation set forth in this Agreement is commercially reasonable and
represents the fair market value of the services to be provided. Further, this
Agreement has been negotiated in an arm's length transaction and has not been
determined in a manner which takes into account the volume or value of
referrals or other business that may be generated between the parties. The
parties agree that the medical director services are necessary services, and
services for which neither the University nor the Physicians are otherwise
generally compensated. The parties hereby support a patient's right to select the
medical facilities and providers of their choice.
21. Signatures. This Agreement together with any amendments or modifications
may be executed electronically. All electronic signatures affixed hereto
evidence the intent of the Parties to comply with Article 11A and Article 40 of
North Carolina General Statute Chapter 66.
[SIGNATURE PAGE TO FOLLOW]
5
DocuSign Envelope ID:C147995A-34FD-4913-8C66-E8A65CCEA168
IN WITNESS WHEREOF, the parties hereto have duly and validly authorized and
executed this Agreement this the 15t day of July, 2019.
FOR AND ON BEHALF OF THE UNIVERSITY OF NORTH CAROLINA
AT PUAP-PI "TT L
s�O�ceuSigned by:
`�D�.Ih101d s
7�F0008D7F3144B.
Acting on behalf of A. Wesley Burks, Dean, School of Medicine
FOR AND ON RFUA>LF OF THE COUNTY OF ORANGE
IEDocuSign&d by:
6lnJlnll. �A��tt.#^5�
0637994B755E477..
Bonme Hammersley, county Manager
FOR ORANGE COUNTY USE ONLY
Thic inctri,r„ant his been approved as to technical content.
EUocuSigned by:
V5655BC89IA64473.
Dinah Jeffries, Emergency Services Director
This instrument has been pre-audited in the manner required by the Local Government
Riulaat nnrl Ficral Control Act.
DocuSigned by:
704E51S1ACCAM
Clary Donaldson, Chief Finance Officer
Thic inetn,m—t has been approved as to form and legal sufficiency.
OocuSigned by,
4035CB8304CA4M
Annette M. Moore, Office of County Attorney
6
DocuSign Envelope ID:C147995A-34FD-4913-8C66-E8A65CCEA168
Attachment A
STATE OF NORTH CAROLINA
ORANGE COUNTY
DESIGNATION OF MEDICAL DIRECTOR
The University of North Carolina at Chapel Hill (the "University") and Orange
County,North Carolina(the "County")hereby agree as follows:
WHEREAS, the University and the County have entered into that certain
agreement for provision of EMS Medical Direction Services to the County dated as of the
1st day of July, 2019 (the "EMS Medical Director Agreement"); and
WHEREAS, the EMS Medical Director Agreement requires that the parties
indicate their agreement to the designation of the EMS Medical Director and any other
physicians who will provide back-up services under the EMS Medical Director
Agreement; and
WHEREAS, the parties have, and hereby do, agree to the designation of the EMS
Medical Director and other physicians who will provide back-up services under the EMS
Medical Director Agreement.
NOW THEREFORE, the parties hereto agree that the physicians who will provide
services under the EMS Medical Director Agreement shall be as follows:
I. EMS Medical Director: Dr. Joseph Grover
II. First Back-Up Medical Director: Dr. Jane Brice
III. Second Back-Up Medical Director: Dr. Diane Miller
IN WITNESS WHEREOF, the parties hereto have duly authorized and entered
into this agreement as of the 1st day of July, 2019.
FOR AND ON BEHALF OF: FOR AND ON BEHALF OF:
UNIVERSITY OF NORTH CAROLINA COUNTY OF ORANGE
at CHAPEL HILL
OocuSigned by: DocuSigned by:
kiln 6wark 1f0637994B755E477_
By. 8D7F3144B. By. .
Acting on behalf of A. Wesley Burks, Dean, schlohmt Heffi nimley
County Manager