HomeMy WebLinkAbout20112800.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR AMBULANCE SERVICES AND AUTHORIZE CHAIR
TO SIGN - ACCENTCARE HOME HEALTH OF MOUNTAIN VALLEY, LLC, DBA
ACCENTCARE OF COLORADO (HOSPICE)
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for Ambulance Services
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Paramedic Service, and AccentCare Home
Health of Mountain Valley, LLC, dba AccentCare of Colorado (Hospice), commencing
October 1, 2011, and ending October 1, 2012, with further terms and conditions being as stated
in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Agreement for Ambulance Services between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Paramedic Service, and AccentCare Home Health of Mountain Valley, LLC, dba
AccentCare of Colorado (Hospice), be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
ori() !(ok\\j/pmb A\
10 ;A 11 \t O \ t 2011-2800
AM0020
AGREEMENT FOR AMBULANCE SERVICES - ACCENTCARE HOME HEALTH OF
MOUNTAIN VALLEY, LLC, DBA ACCENTCARE OF COLORADO (HOSPICE)
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of October, A.D., 2011, nunc pro tunc October 1, 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
5
ATTEST:fiil,.w:�— c �,Cl & u; 4L7LLyJ/L
Barbara Kirkmeyehair
Weld County Clerk to the Board P c-----°
�La Sean P. Co y, Pro-Tem a
/
BY:
Deputy C rk to the Bo i ..<
Willi . Garci
X01 77VE S 7".
FORM. ®�y%77A David E. Long E
y ttorney ug4 a �Qiy w l4 cA `/
ougl s Rademach r
Date of signature: U-/-//
2011-2800
AM0020
AGREEMENT FOR AMBULANCE SERVICES BETWEEN ACCENTCARE HOME HEALTH OF MOUNTAIN
VALLEY LLC, DBA ACCENTCARE OF COLORADO, AND THE WELD COUNTY BOARD OF COMMISSIONERS
This Agreement is entered into this St day of (—)(,1b,}k') 2011, by and
between AccentCare Home Health of Mountain Valley LLC, dba AccentCare of Colorado ("HOSPICE"),
and the Weld County Board of Commissioners,on behalf of the Weld County Paramedic Services
("WCPS").
RECITALS
WHEREAS, HOSPICE is a corporation which specializes in providing education and care to
terminally ill patients; and
WHEREAS, HOSPICE wishes to engage the services of WCPS to provide transportation services
for HOSPICE patients; and
WHEREAS, WCPS has the necessary credentials and is willing and able to provide the desired
transportation services to HOSPICE patients, under the terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the above recitals and the mutual covenants of the
parties, it is agreed as follows:
1. Recitals. The above set forth recitals are incorporated herein as though fully set forth.
2. Term and Renewal. This Agreement shall be effective for one (1)year from the date first above
written and thereafter shall continue in effect from year to year unless terminated by either party
pursuant to the terms of this Agreement.
3. WCPS Responsibilities.
A. Provider Credentials. WCPS represents to HOSPICE that all health care professionals employed,
retained, or used by WCPS are licensed or otherwise authorized by law to provide health care
related services in the State of Colorado.
B. Compliance With County Code. WCPS shall at all times comply with the requirements of Weld
County Code Chapter 7 pertaining to Emergency Medical Services. The parties agree that a
current permit to operate an ambulance service in Weld County is reliable evidence that WCPS
has complied with the requirements of Weld County Code Chapter 7.
C. Services. The services provided by WCPS under the terms of this Agreement shall only include
non-emergent scheduled transports and it is not anticipated that WCPS will provide any
additional services during such non-emergent scheduled transports. Any services other than
non-emergent scheduled transports provided by WCPS, including but not limited to
unscheduled transport and medical treatment during transport, shall incur additional charges
pursuant to Section 5(A)(II) of this Agreement.
D. Quality of Services. WCPS shall provide services in the same manner, in accordance with the
same standards, and within the same time availability, as is offered to non-HOSPICE patients
requiring non-emergent scheduled transports. Every effort shall be made to provide non-
1 2011-2800
moo,
emergent transport services at the scheduled time. However, if such services must be delayed
beyond the scheduled time for any reason,WCPS will promptly notify the HOSPICE contact
person in charge of transport. HOSPICE acknowledges that non-emergent transports cannot be
accommodated when all available WCPS ambulances are in use or on reserve for emergency
services. When no ambulances are available, WCPS shall provide the scheduled non-emergent
transport at the first available opportunity.
4. HOSPICE Responsibilities.
A. Scheduling Transport. HOSPICE shall designate a contact person responsible for coordinating
non-emergent transports with WCPS for hospice funded patients. HOSPICE shall use its best
efforts to schedule non-emergent transport at least twenty-four(24) hours in advance of the
transport time. When a HOSPICE patient does not know at least twenty-four(24) hours in
advance that transport will be needed, the HOSPICE contact person will schedule the transport
with WCPS as soon as possible after the need for the transport is known. However, WCPS
services provided for non-emergent transport scheduled less than three (3) hours in advance
shall not qualify for the Hospice Contract Patient rate as detailed in Section 5(A)(III) of this
Agreement.
B. Documentation Of Certified Medical Necessity. HOSPICE shall be solely responsible for
obtaining any Certification of Medical Necessity for transport that may be required in order to
qualify for hospice funding, or for any other reason. WCPS shall have no responsibility for
obtaining prior approval, authority, certification, or any other like requirement prior to the
requested non-emergent transport of any hospice funded patient.
5. Compensation.
A. Rates and Fees for Services.
I. Non-Emergent Scheduled Transport. For each scheduled non-emergent transport
provided to a hospice funded patient and scheduled more than three (3) hours in
advance, HOSPICE agrees to pay WCPS the Hospice Contract Patient rate specified in the
version of Weld County Code Chapter 5,Appendix 5-8, Weld County Paramedic Service
Fees, in effect at the time the charge is incurred. A copy of Appendix S-8 in effect as of
the date of execution of this Agreement is attached hereto as Exhibit A and
incorporated herein by reference.
II. Other Services. For any services other than non-emergent scheduled transports
provided by WCPS, including but not limited to unscheduled transport and medical
treatment during transport, HOSPICE agrees to pay the corresponding fee pursuant to
the version of Weld County Code Chapter 5,Appendix S-8, Weld County Paramedic
Service Fees, in effect at the time the charge is incurred. A copy of Appendix 5-8 in
effect as of the date of execution of this Agreement is attached hereto as Exhibit A and
incorporated herein by reference.
III. Non-Emergent Transport Scheduled Less Than Three Hours In Advance. WCPS services
provided for transport scheduled less than three (3) hours in advance shall not qualify
for the Hospice Contract Patient rate specified in the version of Weld County Code
2
Chapter S,Appendix 5-8, Weld County Paramedic Service Fees, in effect at the time the
charge is incurred. Instead,transport scheduled less than three (3) hours in advance
shall incur charges based on the corresponding non-Hospice Contract Patient rate for
the service provided as specified in the version of Weld County Code Chapter 5,
Appendix 5-B, Weld County Paramedic Service Fees, in effect at the time the charge is
incurred. A copy of Appendix 5-B in effect as of the date of execution of this Agreement
is attached hereto as Exhibit A and incorporated herein by reference.
IV. Mileage. HOSPICE agrees to pay mileage charges for all WCPS transports pursuant to
the version of Weld County Code Chapter 5, Appendix 5-8, Weld County Paramedic
Service Fees, in effect at the time the charge is incurred. A copy of Appendix 5-B in
effect as of the date of execution of this Agreement is attached hereto as Exhibit A and
incorporated herein by reference.
B. Billing for Services. WCPS will bill HOSPICE for services rendered to hospice funded patients.
HOSPICE agrees to be solely responsible to WCPS for payment of the costs for the services
provided by WCPS. HOSPICE shall be solely responsible for collecting payment for said services
from the hospice funded patient, or the payer source for the hospice funded patient to whom
services were provided by WCPS.
C. Payment for Services. HOSPICE agrees to make payment in full to WCPS within thirty(30) days
from the billing date. If full payment is not made within thirty(30) days, HOSPICE agrees to pay
all amounts owed plus interest accruing at the rate of zero point six seven percent (0.67%) per
month or eight percent(8.0%)annually on the unpaid balance due.
D. Audit Costs and Overpayments. Costs incurred for any fiscal, medical, or any other audit
required by federal or state regulating agency, or penalties or other costs for overpayments as a
result of the provision of the services contemplated by this Agreement shall be the sole
responsibility of HOSPICE. WCPS agrees to make available to HOSPICE such records as are
necessary to perform any audits which are required by federal or state regulating agencies.
6. Confidentiality of Records. The parties agree that medical records and information of hospice
funded patients who receive services from WCPS pursuant to this Agreement, shall be treated as
confidential and maintained in compliance with all federal and state laws and regulations regarding
the confidentiality of medical records.
7. Non-Discrimination. The parties agree that no person shall, on the grounds of race, color, sex,
religion, age, national origin, or individual handicap, be excluded from participation in, be denied the
benefits of, or be subject to discrimination under any provision of this Agreement.
8. Default. Upon the default or breach of any term or provision of this Agreement by either party, the
non-defaulting party shall notify the other party of the actions constituting such default or breach. If
such default or breach is not cured within thirty(30) days after the delivery of such notice, the non-
defaulting party may, at its election, declare this Agreement to be terminated and proceed to seek
any remedies to which it may be entitled under the law. In the event of termination by default,
HOSPICE agrees to fully compensate WCPS for any services provided up to the date of termination,
pursuant to the terms of this Agreement.
3
9. Termination. This Agreement may be terminated for any reason upon sixty(60)days written notice
of intent to terminate is provided to the other party pursuant to Section 10, Notices, of this
Agreement. If the event of termination, HOSPICE shall fully compensate WCPS for the services
provided up to the date of termination, pursuant to the terms of this Agreement.
10. Notices. Any notice provided for in this Agreement shall be in writing and shall be served by
personal delivery, facsimile machine, or by certified mail, return receipt requested, postage prepaid,
at the addresses set forth in this section, until such time as written notice of a change is received
from the party wishing to make a change of address.Any notice so mailed and any notice served by
personal delivery or by facsimile machine shall be deemed delivered and effective upon receipt or
upon attempted delivery. This method of notification will be used in all instances, except for
emergency situations when immediate notification to the parties is required.
AccentCare Home Health of Mountain Valley LLC, dba AccentCare of Colorado
Name: cj'r« C(1 --
Title: Adrtlllibl7
1180 Main Street Suite 9
Windsor, Colorado 80550
Phone: (970)346-9700
Fax: (970) 346-9710
Weld County Paramedic Services
David Bressler, Director
1121 M Street
Greeley, Colorado 80631
Phone: (970) 353-5700
Fax: (970) 304-6408
11. Relationship of the Parties. The parties agree that the relationship between them is that of
independent entities and no employee, agent, or servant relationship is established by this
Agreement between the parties or their respective employees, agents, and servants.
12. Limitations, Liabilities, Indemnification. HOSPICE agrees to indemnify and hold harmless WCPS for
any and all liability incurred by the acts, omissions, or failures to act by HOSPICE in relation to this
Agreement. HOSPICE acknowledges that WCPS is a governmental entity immune from certain
liability pursuant to the Colorado Governmental Immunity Act§§24-10-101 C.R.S., et seq. To the
extent WCPS is liable for its acts, omissions, or failure to act, despite the application of the
aforementioned Colorado Governmental Immunity Act, WCPS agrees to indemnify and hold
harmless HOSPICE to the extent of the liability incurred by the acts,omissions, or failures to act by
WCPS in relation to this Agreement. HOSPICE acknowledges that this agreement to indemnify and
hold harmless WCPS extends to the Board of Weld County Commissioners, and to all Weld County
officers, employees, and agents. The term "liability" includes, but is not limited to, claims, suits,
expenses, damages, and court awards including costs and attorney fees incurred as a result of any
act or omission by the applicable party who acted or failed to act. 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§§24-
10-101 C.R.S., et seq., as applicable now or hereafter amended.
4
13. Non-Assignment.This Agreement shall not be assigned without prior written consent of the non-
assigning party.
14. Entire Agreement, Modification, Waiver of Breach. This Agreement contains the entire Agreement
and understanding between the parties to this Agreement and supersedes any other agreements
concerning the subject matter of this transaction, whether oral or written. No modification,
amendment, novation, renewal, or other alteration of or to this Agreement and any attached
exhibits shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in
writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement
shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by
the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a
breach by any other party,whether express or implied, shall not constitute a consent to,waiver of,
or excuse for any other, or subsequent, breach.
15. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable,this Agreement shall be construed and enforced absent such provision,to the extent
this Agreement is then capable of execution within the original intent of the parties.
16. Funding. No portion of this Agreement shall be deemed to create an obligation on the part of the
County of Weld, State of Colorado, or WCPS to expend funds not otherwise available or
appropriated during the initial one (1)year term of this Agreement.
17. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that enforcement of
the terms and conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties, and nothing contained in this Agreement shall
give or allow any claim or right of action whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Agreement shall be deemed an
incidental beneficiary only.
18. Survival. Upon termination of this Agreement for any reason, the parties agree that Section 6,
Confidentiality, and Section 12, Limitations, Liability, Indemnification, and any outstanding payment
obligations of HOSPICE to WCPS as previously described in Section 8, Default, and Section 9,
Termination, shall survive termination of this Agreement and shall only be terminated upon written
agreement by both parties.
IN WITNESS WHEREOF,the undersigned have executed this Agreement as of the day and year first
written above.
ATTEST: RR_a
CLERK OF THE BOA b� '�` AIRMAN OF THE BOARD OF
ems
1.61 i ttag .gE/LD COUNTY COMM SIONERS
141111;
Deputy Cler to the Board ���� Barb Kirkmeyer
5
ao7i-d,1oe
Date: CU 2 4 2011 Date: OCT 2 4 2011
Approved as to form: AccentCare Home Health of Mountain Valley LLC,
dba AccentCare of Colorado
G
We unty Attorney M'Liss)afie5 l&C
Title: Vice Preside General Counsel
Date: /0196c Date: Q 431
Approved as to substance:
Dave Bressler
Director of Paramedic Services
6
EXHIBIT A
AGREEMENT FOR AMBULANCE SERVICES BETWEEN ACCENTCARE HOME HEALTH OF MOUNTAIN
VALLEY LLC, DBA ACCENTCARE OF COLORADO,AND THE WELD COUNTY BOARD OF COMMISSIONERS
APPENDIX 5-B
WELD COUNTY PARAMEDIC SERVICES FEES
Charges Amount
ALS Emergency Base Rate S1,812.00
ALS Non-Emergency Base Rate 1,691.00
ALS 2 Base Rate 2,295.00
BLS Emergency Base Rate 1,570.00
BLS Non-Emergency Base Rate 1,450.00
BLS Non-Emergency Transfer 845.00
Transportation Wheelchair Bus 28.00
Transportation Wheelchair Bus Mileage 5.00
Transportation Van 300.00
Transportation Van Mileage 10.00
Patient Evaluation/Treatment/No Transport 150.00
Hospice Contract Patient 300.00
Standby-Two Medics/Per flour 150.00
Mileage-(Per Mile) 20.00
Mileage-(Multiple Patients-Per Mile/$1 Patients) 20.00
Advanced Airway 350.00
Oxygen 100.00
IV/1O Therapy 100.00
Medications 50.00
3 Lead/ 12 Lead Monitor/Cardiac Pacer/Defibrillation/Cardioversion/Pulse 200.00
Oximeter Monitoring/Capnography Monitoring/Carbon Monoxide Monitoring
(Weld County Code Ordinance 2001-8; Weld County Code Ordinance 2002-10; Weld County Code Ordinance
2003-8; Weld County Code Ordinance 2004-10; Weld County Code Ordinance 2005-15; Weld County Code
Ordinance 2006-10; Weld County Code Ordinance 2007-18; Weld County Code Ordinance 2008-17; Weld
County Code Ordinance 2009-13;Weld County Code Ordinance 2010-3)
5-40
7
Hello