HomeMy WebLinkAboutDR FREDERICK SCHERR MD - CONTRACT - AGREEMENT MISC - DR FREDERICK SCHERR MDPROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement is between The City of Fort Collins and Dr.
Fredrick Scherr MD for the purpose of acting as Medical Director for the Occupational Health
Clinic serving The City of Fort Collins employee’s for work related injuries, and is effective
February 18, 2016.
RECITALS
The City of Fort Collins is a municipal corporation and is self- insured.
The City of Fort Collins desires to engage Physician to provide Medical Director
Services.
The parties therefore agree as follows:
1. Duties and Obligations of Physician.
a. Coverage Services.
(i) Physician will provide the Coverage Services as more fully set forth in
Attachment A in accordance with the service standards set forth there,
which is incorporated into this Agreement.
b. Licensure; Certifications; Medical Staff Privileges. During the Term of this
Agreement Physician will:
(i) Maintain in good standing his or her license to practice medicine in the
State of Colorado;
(ii) Maintain in good standing his or her Board Certification in Family
Practice; and
(iii) Maintain Colorado’s Division of Workers’ Compensation Level II
accreditation.
c. Services Standards. Physician will perform the Coverage Services in accordance
with:
(i) All applicable laws, regulations, and policies, of federal, state, and local
governmental agencies having valid jurisdiction over the City or Physician
— for example, the Colorado Department of Public Health and
Environment, the Colorado Board of Medical Examiners, the Centers for
Medicare and Medicaid Services, and the Office of Inspector General of
the Department of Health and Human Services; and
d. Directives. Physician will comply with all lawful directives (not inconsistent with
the terms and conditions of this Agreement) issued from time to time by The City
of Fort Collins that are relevant to the Coverage Services.
2. Insurance.
Physician will maintain basic limits professional malpractice liability insurance, covering
all Coverage Services provided pursuant to this Agreement, in amounts not less than
$1,000,000 per occurrence and $3,000,000 annual aggregate. This obligation survives for
three years following termination or expiration of this Agreement. Contemporaneously
with execution of this Agreement the Physician will provide a certificate of insurance
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evidencing the coverage required by this Agreement. Physician will notify The City of
Fort Collins immediately in writing of the cancellation or termination of this insurance
coverage.
3. Term and Termination.
a. Term. The initial term of this Agreement (the "Initial Term") commences on the
date stated in the introductory clause and continues for a period of one year and
will automatically renew for successive one-year terms unless terminated by
either party.
b. Termination Without Cause. Either party may terminate this Agreement at any
time without cause upon 60 days written notice to the other party.
c. Termination for Cause. Either party may terminate this Agreement upon a
material breach by the other party upon thirty (30) days written notice to the other
party, unless the breach is cured by the breaching party to the reasonable
satisfaction of the non-breaching party within ten (10) days of written notice.
4. Compensation to Physician.
a. Amount. The City of Fort Collins will pay to the Physician $175 per hour for
Coverage Services prorated to fifteen minutes units.
b. Invoices. On or about the fifth day of each month, Physician will submit a written
record of the hours (Attachment B) that he or she actually provided Coverage
Service for the prior month. The City of Fort Collins will make payment to
Physician within 30 days of receiving this written record.
5. Assignment and Billing.
a. Upon the written request of Physician during the Term of this Agreement, the
City of Fort Collins will provide Physician unrestricted access, at reasonable
times, to claims submitted by the City of Fort Collins for Coverage Services as
reasonably required in the performance of this Agreement.
6. Compliance with Regulations.
a. Pursuant to Title 42 of the United States Code and applicable rules and regulations
thereunder, until the expiration of four years after the termination or expiration of
this Agreement, Physician will make available, upon appropriate written request
by the Secretary of the United States Department of Health and Human Services or
the Comptroller General of the United States General Accounting Office, or any of
their duly authorized representatives, a copy of this Agreement and such books,
documents and records as are necessary to certify the nature and extent of the costs
of the Coverage Services provided Physician under this Agreement.
b. The amounts to be paid under this Agreement represent the fair market value of
the Services to be provided, as established by arms length negotiations by the
parties, and have not been determined in any manner that takes into account the
volume or value of any potential referrals between the parties. No amount paid
under this Agreement is intended to be, nor should be construed to be, an
inducement or payment for referral of patients by either party to the other party.
In addition, the amounts charged under this Agreement do not include any
discount, rebate, kickback, or other reduction in charges, and the amounts charged
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are not intended to be, nor should they be construed to be, an inducement or
payment for referral of patients by either party to the other party.
7. HIPAA Compliance.
Physician, by virtue of his or her membership on the City of Fort Collins medical staff, is
part of an “Organized Health Care Arrangement” (as defined by the HIPAA Privacy and
Security Rules) with The City of Fort Collins. Physician will follow the City of Fort
Collins privacy and security policies and procedures.
8. City Records and Confidential Information.
a. All records or other documentation that Physician creates in the course of
providing the Coverage Services are the property of The City of Fort Collins and
not of Physician. The City of Fort Collins will make these records available to
Physician as reasonably necessary for treatment and payment purposes.
b. When this Agreement expires or terminates, Physician may not take or retain —
without prior written permission of The City of Fort Collins — any records of the
City of Fort Collins, including any copies. This includes patient records, patient
lists, financial records, and business plans.
c. Except as permitted by The City of Fort Collins in writing or as required by law,
Physician may not disclose to any person or entity any of the City of Fort Collins
Confidential Information. For purposes of this Agreement, Confidential
Information means:
(i) Billing and other financial information, such as charges;
(ii) Volume data, such as patient volumes by facility, zip code, payer, payer
type, drug, or procedure;
(iii) Work processes;
(iv) Policies and procedures;
(v) Software created by or on behalf of, or modified by or on behalf of, the
City;
(vi) Business and marketing data and plans;
(vii) Patient information and records;
(viii) Records and other documents created by Physician in the course of
providing the Coverage Services; and
(ix) Any other information that the City of Fort Collins marks as confidential
or states in writing is confidential.
d. The provisions of this Section survive the termination or expiration of this
Agreement.
9. Independent Contractor Status.
a. This Agreement does not constitute the hiring of Physician as an employee of The
City of Fort Collins. The parties agree that the relationship of Physician to The
City of Fort Collins while this Agreement is in effect is that of independent
contractor.
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b. The Physician acknowledges that he or she is not entitled to any employment
rights or benefits of The City of Fort Collins.
c. Nothing contained in this Agreement constitutes the City of Fort Collins or
Physician as members of any partnership, joint venture, association, syndicate, or
other entity.
d. Nothing contained in this Agreement grants or confers on the City of Fort Collins
or Physician any express, implied or apparent authority to incur any obligation
or liability on behalf of other party (unless otherwise agreed to in writing by both
parties).
e. Physician is solely responsible to pay all applicable taxes, as well as any
employee benefits or obligations made necessary by reason of Physicians
performance of Services for the City of Fort Collins.
10. Assignment.
No party may assign this Agreement without the prior written consent of the other party.
11. Indemnification.
a. Each party is responsible for its own acts and omissions and those of its respective
agents. Nothing in this Agreement shall create any new or additional right of
action against the other party.
b. No term or condition of this contract 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, CRS §24-10-101 et
seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as
applicable now or hereafter amended.
12. Notices.
All notices, requests, demands and other communications required or permitted under
this Agreement are sufficient if hand-delivered, sent by first class mail, postage prepaid,
or delivered by national overnight delivery service, delivery charges prepaid and
addressed as set forth below:
Physician: Fredrick Scherr
2618 Quail Creek Rd.
Broomfield, Co 80023
City: City of Fort Collins SSRM
215 N Mason St.
Fort Collins, CO 80522
Any party may alter the address to which communications or copies are to be sent by
giving notice of such change of address to the other party, in conformity with the
provisions of this Section for the giving of notice. Notices hand delivered are deemed
given on the day so hand delivered; notices given by mail are deemed given on the third
business day after mailing; and notices given by national overnight delivery service are
deemed given on the next business day after delivery to the service.
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13. Prohibition Against Employing Illegal Aliens.
Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees
that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in
Public Law 208, 104th Congress, as amended, and expanded in Public
Law 156, 108th Congress, as amended, administered by the United States
Department of Homeland Security (the “e-Verify Program”) or the
Department Program (the “Department Program”), an employment
verification program established pursuant to Section 8-17.5-102(5)(c)
C.R.S. in order to confirm the employment eligibility of all newly hired
employees to perform work under this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform
work under this Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre-employment screening of job applicants
while this Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien,
Service Provider shall:
1. Notify such subcontractor and the City within three days that Service
Provider has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor
does not cease employing or contracting with the illegal alien; except that
Service Provider 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.
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e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the “Department”) made in the course of
an investigation that the Department undertakes or is undertaking pursuant to the
authority established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this
Agreement. If this Agreement is so terminated, Service Provider shall be liable for
actual and consequential damages to the City arising out of Service Provider’s
violation of Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider
violates this provision of this Agreement and the City terminates the Agreement
for such breach.
14. Miscellaneous.
a. Binding Effect. This Agreement is binding upon and inures to the benefit of the
parties and their respective successors and permitted assigns.
b. Severability. The invalidity or unenforceability of any provision of this
Agreement does not affect the validity or enforceability of any other provision.
c. Governing Law. This Agreement will be construed and enforced in accordance
with the internal laws of the State of Colorado, without consideration of conflict
of laws principles.
d. Non-Appropriation. To the extent this Agreement or any provision in it
constitutes a multiple fiscal year debt or financial obligation of the City, it shall be
subject to annual appropriation by City Council as required in Article V, Section
8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of
the Colorado Constitution. The City shall have no obligation to continue this
Agreement in any fiscal year for which no such supporting appropriation has been
made.
e. Entire Agreement. This Agreement represents the entire agreement between the
parties with respect to its subject matter. This Agreement supersedes all prior
agreements and understandings with respect its subject matter. No amendment of
this Agreement is enforceable against any party unless the amendment is in
writing and the party against whom enforcement is sought has signed the
amendment. The parties agree that this Agreement does not conflict with any
other prior agreements between the parties that do not relate to the subject matter
of this Agreement.
f. Section Headings. The section headings in this Agreement are for convenience of
reference only and do not affect the construction or interpretation of any provision
of this Agreement.
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g. Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which is an original as against any party whose signature
appears on the counterpart. Multiple, separately signed counterparts taken
together constitute one and the same instrument. This Agreement is binding when
one or more counterparts of it, individually or taken together, bear the signatures
of all of the parties.
The undersigned are executing this Agreement on the date stated in the introductory clause.
City of Fort Collins
_________________________________
Gerry Paul, Director Purchasing
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Senior Assistant City Attorney
Physician:
_________________________________
Fredrick Scherr MD
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No new insurance required
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Attachment A
Coverage Services and Service Standards
1. Coverage Services. Physician will provide the following services (the “Coverage
Services”) for adult patients (patients 18 years or age or older):
a. Provide direct clinical services for C.O.M.P. patients based on Colorado Division
of Workers’ Compensation Treatment Guidelines;
b. Provide guidance for cases that fall outside the Workers’ Compensation
Treatment Guidelines and those cases designated by the case manager as "red
flags";
c. Provide input regarding the development of medical and operational protocols,
policies and procedures to be utilized by the C.O.M.P. Provide medical direction
and consultation to the C.O.M.P. staff;
d. Communicate with collaborating physicians on a regular basis to monitor
adherence to Workers’ Compensation Treatment Guidelines;
e. Any other duty as may be reasonably requested by The City of Fort Collins from
time to time.
2. Service Standards. In providing the Coverage Services, Physician will:
a. Take reasonable steps to enter charges timely;
b. Provide and maintain a collaborative agreement with the Occupational Health
Professional.
c. Provide input regarding the development of medical and operational protocols,
policies and procedures to be utilized by The City of Fort Collins. Provide
medical direction and consultation to The City of Fort Collins.
d. Maintain open communication between the City of Fort Collins staff,
administration and medical staff.
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Attachment B
Monthly Time Log
Monthly Time Log
Physician:
Coverage for: The City of Fort Collins Occupational Health Program
Month: _____________________
Date of Service Patient Name Time
Total Hours for Month: _________
For The City of Fort Collins Use ONLY
Total Hours: _________
Total Payment: _________
Department #: __________
Account Code: __________
Approved by:________________________ Date:______________
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CO-COI 09/01/2010
Post Office Box 17540 Denver, Colorado 80217-0540 (720) 858-6000 1-800-421-1834 FAX (720) 858-6004
CERTIFICATE OF PROFESSIONAL LIABILITY INSURANCE
CERTIFICATE HOLDER NAMED INSURED/INSURED
GROUP NAME:
This certificate is issued as a matter of information only and confers no rights upon the holder. By its
issuance the company does not alter, change, modify or extend the provisions of said policy and does not
waive any of its rights thereunder.
POLICY NUMBER: RETRO DATE:
POLICY TERM: to
LIMITS OF LIABILITY:
Per Medical Incident/Peer Review Incident:
Annual Aggregate:
SPECIALTY:
Dated at: Denver, Colorado Date:
Countersigned by Authorized Representative
Frederick Paul Scherr Frederick Paul Scherr M.D.
2618 Quail Creek Dr 2618 Quail Creek Dr
Broomfield, CO 80023-6540 Broomfield, CO 80023-6540
Frederick Paul Scherr, M.D.
PCC0012642 1/13/2014
1/13/2016 1/13/2017
$1,000,000
$3,000,000
FP/GP-Office/Ambulatory
2/17/2016
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