HomeMy WebLinkAbout982416.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR AMBULANCE SERVICES AND AUTHORIZE CHAIR TO
SIGN - HOSPICE OF NORTHERN COLORADO
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 Weld County Ambulance Service, and Hospice
of Northern Colorado, with 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 Weld County Ambulance Service, and Hospice of Northern Colorado be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of December, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WE/ COUNTY, COLORADO
I rt�J)/,/��
ATTEST: Ifra
► i • �
Pt?n F Constance L. Harbert, Chair
Weld County Clerk to th- �—
L i ' ' `I_ 1 EXCUSED DATE OF SIGNING (AYE)
r' -; i W. H. Webster, Pro-Tem
BY: ,/^ L/-' , , i C
T
Deputy Clerk to the B•v' EXCUSED
eorge E. Baxter
APP AS FORM:
Dale,K. Hall
y orney ' , �L 7, 4
arbara J. Kirkmeyer
982416
ea: Ain AM0010
AGREEMENT FOR AMBULANCE SERVICES
This Agreement is entered into this 14th day of December , 1998, by and
between Hospice of Northern Colorado ("HOSPICE"), and Weld County Board of County
Commissioners, on behalf of the Weld County Ambulance Service ("WCAS").
RECITALS
A. HOSPICE is a non-profit Colorado corporation which specializes in providing
education and care to terminally ill patients.
B. HOSPICE wishes to engage the services of WCAS to provide transportation
services for Hospice patients.
C. WCAS 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 premises 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. tviksA
2. Term and Renewal. This Agreement shallk9fective for one (1) year from the
date first above written and thereafteiiall automatically renew and continue in effect from year
to year unless terminated by either party pursuant to the terms of this Agreement.
3. Services to be Provided by WCAS. WCAS agrees to provide the following
services:
A. Provider Credentials. All health care professionals employed, retained
or used by WCAS must be licensed or otherwise authorized by law to provide health care related
services in the State of Colorado. WCAS shall at all times comply with the requirements of
Weld County Ordinance 77-D, or its successor. The parties agree that a current permit to operate
an ambulance service in Weld County is reliable evidence that WCAS has complied with the
requirements of Weld County Ordinance 77-D, or its successor.
B. Services. The services to be provided by WCAS under the terms of this
Agreement shall include scheduled transports only. It is not anticipated that WCAS will be
required to provide any other services during such scheduled transports of Hospice patients.
WCAS's regular charges will be incurred for any unscheduled transports, as well as for any
medical treatment that may be required during such unscheduled transports.
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Quality of Services. WCAS shall provide such services in the same manner, in
accordance with the same standards, and within the same time availability, as is offered to other
patients who need scheduled transports. Every effort shall be made to provide non-emergent
transport services at the scheduled time; however, in the event that the provision of such non-
emergent services must be delayed beyond the scheduled time for any reason, WCAS will
promptly notifying the contact person in charge of transport. HOSPICE acknowledges that non-
emergent transports cannot be accommodated when all available ambulances are in use or on
reserve for emergency services. In such an instance when there are no available ambulances,
WCAS will provide the scheduled non-emergent transport at the first opportunity.
4. HOSPICE Responsibilities. HOSPICE shall designate a contact person who shall be
responsible for coordinating non-emergent transports for Hospice funded patients with WCAS.
The non-emergent transports shall be scheduled at least 24 hours in advance of the time when the
transport will be needed. In situations when the patient does not know at least 24 hours in
advance that such transport will be needed, the HOSPICE contact person will schedule the
transport with WCAS as soon as possible after the need for the transport is known, but not less
than three (3) hours before transport is required, in any event. WCAS will use its best efforts to
accommodate the scheduling.
Certified Medical Necessity. Any Certification of Medical Necessity for transport that
may be required in order to qualify for Hospice funding, or for any other reason, shall be
obtained by HOSPICE. WCAS takes 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.
Hospice Philosophy/Education. HOSPICE shall make available to WCAS information
concerning hospice philosophies, established policies and patient care protocols.
5. Compensation. The parties agree to the following:
a. Rates and Fees for Services. HOSPICE agrees to pay WCAS the unit hour cost
for a minimum of two hours, for each non-emergent transport provided to a hospice funded
patient. The "unit hour cost" shall be the current unit hour cost as established and published by
Weld County Ordinance. If the hospice funded patient requires medical treatment during
transport, Hospice agrees to pay seventy (70%) percent of current published fees for the transport
that required treatment. If the transport involves travel outside of the boundaries of the City of
Greeley and/or the Town of Evans, mileage at the rate established in the current published fees
will also be charged. If the transport is not scheduled at least 3 hours in advance of services
rendered, then HOSPICE agrees to pay the regularly scheduled charge for the transport.
WCAS agrees to provide to HOSPICE a copy of the current published fees, and to
provide a copy of any changes in those fees within 30 days after the changes in the said fees have
been published.
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b. Billing for Services. WCAS will bill HOSPICE for services rendered to hospice
funded patients. HOSPICE agrees to be solely responsible to WCAS for payment of the costs for
the services provided by WCAS. HOSPICE represents that HOSPICE will be 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 WCAS.
c. Payment for Services. HOSPICE agrees to make payment in full to WCAS
within 10 days from the billing date. If payment is not received by WCAS within 30 days from
the billing date, HOSPICE will then be charged, and agrees to pay, the current published fee for
the relevant services provided, together with interest at the rate of 1.5%per month 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 the result of the administration of the program contemplated by this Agreement
shall be the sole responsibility of HOSPICE.
6. Confidentiality of Records. HOSPICE and WCAS agree that medical records of
hospice funded patients who receive services from WCAS pursuant to this Agreement, shall be
treated as confidential so as to comply with all federal and state laws and regulations regarding
the confidentiality of medical records.
WCAS agrees to make available to HOSPICE such records as are necessary to perform
any audits which are required by federal or state regulating agencies.
7. Non-Discrimination. The parties agree that no person, including, but not limited to,
hospice patients, shall, on the grounds of race, gender, color, creed, religion, age, national origin,
sexual orientation, 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 party in default of the actions which have caused
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 null and void and proceed to seek any remedies to which it may be entitled under the law.
9. Termination. This Agreement maybe terminated for cause, upon ten (10) days written
notice, and for any reason, so long as sixty (60) days written notice of intent to so terminate is
given by the party wishing to terminate to the other party.
If this Agreement is terminated for any reason, WCAS shall be compensated for the services
provided by WCAS up to the date of termination, pursuant to the terms of this Agreement.
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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 Agreement, 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.
HOSPICE: Executive Director
Hospice of Northern Colorado
2726 W. 11th Street Road
Greeley, Colorado
Telephone: (970) 352-8487
FAX: (970) 352-6685
WCAS: Weld County Ambulance Service
Gary McCabe, Director
1121 M Street
Greeley, Colorado 80631
(FAX) 970-
11. Relationship of the Parties. The parties to this Agreement intend that the relationship
between them contemplated by this Agreement is that of independent entities working in mutual
cooperation. No employee, agent, or servant of one party shall be or shall be deemed to be an
employee, agent, or servant of another party to this Agreement.
12. Limitations - Liabilities - Indemnification. Each party shall not be responsible or liable
for acts or omissions or failure to act by the other party. Accordingly, HOSPICE agrees to
indemnify and hold WCAS harmless from any and all liability incurred by acts or omissions or
failures to act by HOSPICE, and, to the extent permitted by law, WCAS agrees to indemnify and
hold HOSPICE harmless from any and all liability incurred by acts or omissions or failures to act
by WCAS. Because WCAS is a department of the Weld County government, HOSPICE
acknowledges that this agreement to indemnify and hold harmless WCAS extends to Weld
County, its employees, agents, subcontractors, and assignees. The term"liability" includes, but
is not limited to, any and all claims, damages, and court awards including costs, expenses, and
attorney fees incurred as a result of any act or omission by the applicable party who acted or
failed to act.
13. Non-Assignment This Agreement shall not be assigned without prior written consent of
the non-assigning party, which consent shall not be unreasonably withheld.
14. Modification and Breach. This Agreement contains the entire Agreement and
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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 the 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 different 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 without such a
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 WCAS to expend funds not otherwise
appropriated during the term of this Agreement.
17. No Waiver of Immunity. Notwithstanding any other provision contained in this
Agreement, no portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties or their officers or employees may possess, nor shall any portion of this
Agreement be deemed to have created a duty of care with respect to any persons not a party to
this Agreement.
18. 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.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day
and year first written above.
BOARD OF COUNTY COMMISSIONERS ov as to Form:
WELD COUNTY, COLORADO
Constance L. Harbert, Chair (12/14/98) ruce T. Bar r
Weld County ttorney
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Attest: Lidi , ,
Weld i County Clerk to + B•i ��)t. A I 'roved as to Substance:
(� L , Lk& r'N/N. ,
Deputy Clerk to the 11.••f1'4 ..._% .&, . ary McC. ,e, Director
— U N � We • ounty A mbulance Service
HOSPICE OF NORTHERN COLORADO C
By: /9... --8 i7.--r..k''a.1"TJ....z.c...a.
Authorized Agent (Signature) Authorized Agent (Print)
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