HomeMy WebLinkAboutAmerican Medical Response - Blood Draw Services AgreementBLOOD DRAW SERVICES AGREEMENT
THIS AGREEMENT is made between American Medical
Response Ambulance Service, Inc. ("AMR") and the customer
City of Yakima, Yakima Police Department set out on the
signature page of this Agreement. This Agreement is effective as
of the date of last signature.
WHEREAS, the Customer desires to have AMR render to its
clients, customers, patients, or employees ("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:
, 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.
2. Compliance. Each party will abide in all material respects
by all applicable federal (including any Department of
Transportation ("DOT") regulations and the Anti -Kickback
Statute) and state laws and regulations in connection with its
provision of Services hereunder. All personnel that provide
the Services will be licensed or certified as required by
applicable law. For Services that require AMR to send
specimens or samples from Patients to an outside laboratory,
AMR will use laboratories that are certified and licensed to
analyze the specimen or sample taken. All vehicles that
AMR uses for Services will conform to any applicable state
regulations and any applicable licensure requirements.
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 "A". The Customer
recognizes that resources may not be immediately available.
5. Compensation and Billing. The Customer shall 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 Agreement. 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.
Commercial Liability Insurance. Before this agreement is
fully executed by the parties, AMR shall provide the City
with a certificate of Insurance as proof of commercial
liability insurance with a minimum liability limit of
$1,000,000.00 per occurrence combined single limit bodily
injury and property damage, and $5,000,000.00 general
aggregate. If AMR carries higher coverage limits, such
limits shall be shown on the certificate of insurance and
endorsements. The certificate shall clearly state who the
provider is, the coverage amount, the policy number, and
when the policy and provisions provided are in effect. Said
policy shall be in effect for the duration of this agreement.
The policy and endorsements shall name the City of Yakima,
it elected and appointed officials, officers, agents,
employees, and volunteers as additional insureds, and shall
contain a clause that the insurer will not cancel the insurance
without first giving the city thirty (30) calendar days prior
written notice. The insurance shall be with an insurance
company or companies rated A-VIt or higher in Best's Guide
and admitted in the State of Washington.
Commercial Automobile Liability Insurance. Before this
agreement is fully executed by the parties, AMR shall
2018 AMR Blood Draw Agreement
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provide the City with a certificate of insurance as proof of
commercial automobile liability insurance with a minimum
liability limit of $5,000,000.00 per occurrence combined
single limit bodily injury and property damage. If AMR
carries higher coverage limits, such limits shall be shown on
the Certificate of Insurance and Endorsements. The
certificate shall clearly state who the provider is, the
coverage amount, the policy number, and when the policy
and provisions provided are in effect. Said policy shall be in
effect for the duration of this agreement. The policy and
endorsements shall name the City of Yakima, its elected and
appointed officials, officers, agents, employees, and
volunteers as additional insureds, and shall contain a clause
that the insurer will not cancel or change the insurance
without first giving the City thirty (30) calendar days prior
written notice. The insurance shall be with an insurance
company or companies rated A-V11 or higher in Best's Guide
and admitted in the State of Washington.
All policies must reflect that they are primary insurance
coverage and non-contributory.
8. Record Retention. AMR will retain books and records
respecting Services rendered to Patients for the time periods
required under all applicable laws (including the
requirements of the Secretary of Health and Human Services
("HHS")) and allow access to such books and records by
Customer and duly authorized agents of the Secretary of
HHS, the Comptroller General and others to the extent
required by law.
9. Term. The initial term of this Agreement shall be
three years, commencing on the date of last signature, and
this Agreement shall automatically renew for a subsequent
two-year period thereafter, subject to the termination rights
herein, unless the City gives written notice to the contrary
within 30 days of expiration of the original three-year term.
The initial term and all renewal periods shall be
cumulatively referred to as the -Term".
10. Termination. Each party may terminate this Agreement: (a)
at any time without cause and at its sole discretion upon
thirty (30) days written notice to the other party; or (b) upon
the material breach of this Agreement by the other party if
such breach is not cured within fifteen (15) days of notice
thereof to the other party. Notwithstanding the foregoing: (i)
AMR may terminate this Agreement upon a default by the
Customer in the payment of monies due and owing to AMR
if such breach is not cured within ten (10) days of notice
thereo f to the Customer; (ii) the Customer may terminate this
Agreement upon the failure of AMR to respond to requests
by the Customer for the provision of Services to Patients
within the Service Area, if such failure is not cured within
ten (10) days of notice thereof to AMR; and (iii) the
Customer may terminate this Agreement immediately upon
notice to AMR following AMR's loss or suspension of
licensure necessary for the provision of the Services.
11. Notices. Any notice required or permitted by this
Agreement shall be in writing and shall be delivered as
follows, with notice deemed given as indicated: (a) by
personal delivery, when delivered personally; (b) by
overnight courier, upon written verification of receipt; (c) by
facsimile transmission, upon acknowledgment of receipt of
electronic transmission; or (d) by certified or registered mail,
return receipt requested, upon verification of receipt. Notice
shall be sent to the following addresses:
If to Customer:
City of Yakima, Yakima Police Department
200 S. 3rd Street
Yakima, WA 98901
Attention: Captain Shawn Boyle
If to AMR:
American Medical Response
Attention: Paul Priest
1425 N Washington St
Spokane, WA 99201
With Mandatory Copy to:
Legal Department
American Medical Response, Inc.
6363 S Fiddler's Green Circle, 14th Floor
Greenwood Village, Colorado 80111
12. Confidentiality. All information with respect to the
operations and business of a party (including the rates
charged hereunder) and any other information considered to
be and treated as confidential by that party gained during the
negotiation or Term of this Agreement will be held in
confidence by the other party and will not be divulged to any
unauthorized person without prior written consent of the
other party, except for access required by law, regulation and
third party reimbursement agreements.
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 either party of patients
to the other party or its affiliated providers, if any, or the
purchasing, leasing or ordering of any services other than the
specific services described in this Agreement. Any
payments specified herein are consistent with what the
parties reasonably believe to be a fair market value for the
services provided.
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 issues of mutual
concern related to the provision of Services and the parties'
respective rights and obligations hereunder.
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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: www.amr.net, 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,
the 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 hereof,
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.
IN WITNESS WHEREOF, the parties have hereto executed
this Agreement.
American Medical ResponseAmbulance Servje Inc.
By:
Date:
City of Ya
Priest, Regional Director
Department
Robert Harrison, Yakima City Manager
Date: !,01v29 b.oDD
CITY CONTRACT NO:c�fi-'/ 10
RESOLUTION NO'
NIA
2018 AMR Blood Draw Agreement
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SCHEDULE "A"
1. Services and Rates:
AMR shall provide the following Services to Customer:
DUI Blood Draws:
• Provide qualified medical personnel to perfonn 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 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:
• 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.
Alcohol and Drug Testing Services
Blood Alcohol Draw
Rate
$ 280.00/ Draw for First Draw
Additional Blood Alcohol Draws at Scene
Court Appearance
$75.00/Draw for Each Additional Draw
$110/hour
11. Service Area
Services shall be provided in Yakima, WA and in other locations as may be agreed upon by the parties.
111. Commencement Date
The commencement date shall be the date of last signature to the Agreement.
IV. Term : rA 36 Months
V. Automatic Renewal for successive Term: Yes, as specified in Section 9 of the Agreement.
VI. Scheduling
Upon receipt of a request for a blood draw, AMR shall endeavor to arrive on scene within one (1) hour of scheduled time, subject to personnel
availability and logistical constraints.
2018 AMR Blood Draw Agreement
Confidential and Proprietary