HomeMy WebLinkAboutAmerican Medical Response - Blood Draw Services AgreementAmBLOOD DRAW SERVICES AGREEMENT
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WHEREAS, the Customer desires to have AMR render to
suspected criminal offenders ("Patients") certain out -of -hospital
health services and AMR has the experience and resources
available to provide such services,
NOW THEREFORE, in consideration of the foregoing and for
other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto agree as
follows:
I. Provision of Services. AMR will provide the health
services described in Schedule "A" hereto (the "Services")
to Patients on the conditions, if any, described in Schedule
"A" and in the service area(s) described in Schedule "A"
(the "Service Area"), as requested by the Customer and/or
its agents.
3. Standards. The Services shall be provided in accordance
with prevailing industry standards of quality and care
applicable to mobile health services.
4. Scheduling of Services. Customer shall provide AMR with
a minimum of two (2) business days' notice to provide
scheduled Services ("Scheduled Services"). For Services
which by their nature cannot be pre -scheduled, Customer
shall request Services from AMR as soon as it determines
that it needs Services ("Unscheduled Services!'). AMR's
response for a request for Unscheduled Services is subject to
availability of resources including, vehicles and personnel,
as further described in Schedule "A7. The Customer
recognizes that resources may not be immediately available.
5. Compensation and Billing. The Customer shelf pay to
AMR the amounts set out in Schedule "A" for Services
provided to Patients. Payment shall be made within thirty
(30) days of the invoice date. In the event payment is not
timely made, AMR reserves the right to charge interest on
the unpaid amount at the rate of twelve percent (12%) per
annum.
6. Indemnification. Each party agrees to be responsible
and assume liability for its own wrongful and/or negligent
acts or omissions or those of their elected and appointed
officials, officers, employees, independent contractors,
agents, and volunteers to the fullest extent required by law.
Each party agrees to protect, defend, indemnify and hold
harmless the other party's elected and appointed officials,
officers, employees, independent contractors, agents, and
volunteers from any and all claims, demands, losses, liens,
liabilities, penalties, fines, lawsuits, and other proceedings
and all judgments, awards, costs and expenses (including
reasonable costs and attorney fees) resulting from death or
bodily injury to any person or damage or destruction to a
third party or third parties to the extent caused by any
negligent act and/or omission of the indemnifying "at fault"
party, its elected and appointed officials, officers,
employees, agents, and volunteers and/or subcontractors,
arising out of the performance of this Agreement. In the case
of negligence of more than one party to this Agreement, any
damages shall be in proportion to the percentage of
negligence attributed to each party, and each party shall have
the right to contribution from the other party in proportion to
the percentage of negligence attributed to The other party.
Nothing contained in this section of this Agreement shall be
construed to create a liability or a right of indemnification in
any third party. The provisions of this section shall survive
the termination or expiration of this Agmement.it is further
provided that no liability shall attach to the City by reason of
entering into this agreement except as expressly provided
herein.
7. Insurance. At all times during performance of the
Services, AMR shall secure and maintain in effect
insurance to protect the City and the AMR from and against
all claims, damages, losses, and expenses arising out of or
resulting from AMR's performance under this agreement.
AMR shall provide and maintain in force insurance in
limits no less than that stated below, as applicable. The
City reserves the right to require higher limits should it
deem it necessary in the best interest of the public.
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employees, as additional insureds, and shall contain a
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first giving the City thirty (30) calendar days prior written
notice. The insurance shall be with an insurance company
or companies rated A Vil or higher in Best's Guide and
admitted in the State of Washington.
2018 AMR Blood Draw Agreement
Confidential and Proprietary
giving the City thirty (30) calendar days prior written
notice. The insurance shall be with an insurance comport
or companies rated A-VII or higher in Best's Guide and
admitted in the State of Washington.
Record Retention. AMR will retain books and records
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I. Term. The initial term of this Agreement shall be
one year, commencing on the Commencement to set out
in Schedule "A" hereof, and this Agreement shall
fnr ciiha-mopni one year nerinds
thereafter, subject to the termination rights herein. The initial
term and all renewal periods shall be cumulatively referred
to as the "Term".
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return receipt requested, upon vercation of receipt. Notice
shall be sent to the following addresses:
City of Yakima, Yakima Police Department
200 S. 31d Street
Yakima, WA, 98901
Attention® Captain Shown Boyle
American Medical Response
Attn. Paul Priest
1425 N Washington St
Spokane WA 99201
With Mandatory Copy to:
Legal Department
American Medical Response, Ine.
6363 S Fiddler's Green Circle, 141 Floor
Greenwood Village. Colorado 80111
12. Confidentiality. All information with respect to the
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)tiation or Term of this Agreement will he field in
fidence by the other party and will not be divulged to any
ithorized person without prior written consent of the
wparry, except foraccess required by low, regulation and
13. Referrals. it is not the intent of either party that any
remuneration, benefit or privilege provided for under this
Agreement shall Influence or In any way be based on the
referral or recommended referral by chlicr party of patients
to the othcr party or its affiliated providers, if any, or the
I described —in this Agreement. Any
d herein are consistent with what the
believe to be a fair market value for the
14. Relationship, In the performance of this Agreement, each
party hereto shall be, as to the other, an independent
contractor and neither party shall have the right or authority,
express or implied, to bind or otherwise legally obligate the
other except as otherwise required by this agreement.
Nothing contained in this Agreement shall be construed to
constitute either party assuming or undertaking control or
direction of the operations, activities or medical care
rendered by the other. AMR and, Customer administrative
staff shall meet on a regular basis to address issuesof mutual
concern related to the provision of Services and the parties'
respective rights and obligations hereunder.
2018 AMR Blood Draw Agreement
Confidential and Proprietary
15. Force Majeure. AMR shall not be responsible for
any delay in or failure of performance resulting from acts of
God, riot, war, civil unrest, natural disaster, labor dispute or
other circumstances not reasonably within its control.
16. Compliance Program and Code of Conduct. AMR has
made available to the Customer a copy of Its Code of
Conduct, Anti -kickback policies and other compliance
policies, as may be changed from time -to -time, at AMR's
web site, located at: mAA&mLagL and the Customer
acknowledges receipt of such documents. AMR warrants
that its personnel shall comply with AMR's compliance
policies, including training related to the Anti -kickback
Statute.
17. Non -Exclusion. Each party represents and certifies that
neither it nor any practitioner who orders or provide Services
on its behalf hereunder has been convicted of any conduct
that constitutes grounds for mandatory exclusion as
identified in 42 U.S.C.§ 1320a-7(a). Each party further
represents and certifies that it is not ineligible to participate
in Federal health care programs or in any other state or
federal government payment program. Each party agrees
that if DHHS/OIG excludes it, or any of its practitioners or
employees who order or provide Services, from participation
in Federal health care programs, the party must notify the
other party within five (5) days of knowledge of such fact,
and the other party may immediately terminate this
Agreement, unless the excluded party is a practitioner or
employee who immediately discontinues ordering or
providing Services hereunder.
18. Equal Employment Opportunity. If the provisions of
Executive Order 11,246 are applicable to this Agreement,
jhe parties incorporate the equal employment opportunity
clause set forth in 41 C.F.R. part 60-1. If the provisions of
Executive Order 13,201 are applicable to this Agreement,
the parties incorporate the equal employment opportunity
clause set forth in 29 C.F.R. part 470.
19. Miscellaneous. This Agreement (including the
Schedules hereto): (a) constitutes the entire agreement
between the parties with respect to the subject matter beireof,
superseding all prior oral or written agreements with respect
thereto; (b) may be amended only by written instrument
executed by both parties; (c) may not be assigned by either
party without the written consent of the other party, such
consent not to be unreasonably withheld; (d) shall be binding
on and inure to the benefit of the parties hereto and their
respective successors and permitted assigns; (e) shall be
interpreted and enforced in accordance with the laws of the
state where the Services are performed, without regard to the
conflict of laws provisions thereof, and the federal laws of
the United States applicable therein; (f) may be executed in
several counterparts (including by facsimile), each of which
shall constitute an original and all of which, when taken
together, shall constitute one agreement, and (g) shall not be
effective until executed by both parties. In the event of a
conflict between this Agreement and any Schedule hereto,
the terms of this Agreement shall govern. The venue for any
action to enforce or interpret this agreement shall lie in
Yakima County Superior Court.
American Medical Response
Attn: Paul Priest
1425 N Washington St
S oka p : neW
City of Yakima
200 S. 3rd Stye
Yakima,
By:
Print Narnc:EcV)'Cr—+
Print Name:
CITY CONTRACT NO:_a292L__n2
RESOLUTION NO: , 6116
2018 AMR Blood Draw Agreement
Confidential and Proprietary
kilil y' I A 1111111
1. Services and Rates:
AMR shall provide the following Services to Customer:
DUI Blood Draws:
• Provide qualified medical personnel to perform phlebotomy services for Customer twenty four (24) hours a day, seven (7)
days a week at various locations within the Service Area (defined below).
• AMR will use lab kit provided by Customer and will follow all established (by law and/or by Customer) guidelines required
for collecting, labeling, and transferring custody of the blood sample.
• Once the sample is complete and the sample is sealed, AMR will give custody of the sample to Customer at the scene.
Customer will submit the sample to the appropriate facility for testing.
• AMR will document the procedure, including subject's name, time, vein puncture site, and volume and description of the
specimen drawn. The original documentation will be given to Customer and a copy will be retained by AMR.
Court Appearances:
0 Appropriate AMR personnel will testify at Customer's request in relation to services provided by AMR.
Customer shall pay AMR for the Services according to the rates set forth below.
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Services shall be provided in Yakima, WA and in other locations as may be agreed upon by the parties.
III. Commencement Date
The commencement date referred to in Section 9 of this Agreement shall be April 7,2021.
IV. Scheduling
Upon receipt of a request for a blood draw, AMR shall endeavor to arrive on scene within one (1) hour, subject to personnel availability and
logistical constraints.
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