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HomeMy WebLinkAboutConsistent Care Services - 2019 Community Health Worker in Reponse to Emergency Health ServicesAGREEMENT FOR COOPERATION IN RESPONSE TO EMERGENCY HEALTH SERVICES Community Health Worker WHEREAS, the City of Pasco (hereafter "Pasco") is a municipal corporation organized under the laws of the State of Washington; and WHEREAS, Pasco, through its Fire Department, operates an Ambulance Utility which provides emergency medical service within the community; and WHEREAS, Consistent Care Services (hereafter "Consistent Care") is social purpose corporation organized under the laws of the State of Washington; and WHEREAS, each of the parties has an interest in collaborating to reduce the unnecessary use of emergency health services in the Pasco community; NOW, THEREFORE, in consideration for the mutual covenants and promises set forth in this Agreement, Pasco and Consistent Care do hereby agree to a pilot program to do the following: 1. Purpose. The purpose of this Agreement is to provide a framework for cooperation to reduce unnecessary use of EMS and Emergency Department Services in the City of Pasco, and more specifically as outlined in Exhibit "A" which is attached hereto and made a part hereof 2. Compensation and Payment. (a) Payment for services provided hereunder shall be made following the performance of such services. Pasco shall pay Consistent Care according to Exhibit B and such payment shall be full compensation for work performed or services rendered. (b) No payment shall be made for services rendered by Consistent Care except for services identified and set forth in Exhibit A in this agreement except as may be authorized by a written supplemental agreement approved by Pasco. ( c) Pasco shall pay Consistent Care for work performed under this agreement upon timely submitted invoices listing the dates/hours of work performed and expenses, if any, for which reimbursement is sought. Pasco shall approve all invoices before payment is issued. Payment shall occur within 30 days of receipt and approval of an invoice. 3. Administration. The following individuals are designated as representatives of the respective parties. The representatives shall be responsible for administration of this Agreement and for coordinating and monitoring performance under this Agreement. In the event such representatives are changed, the party making the change shall notify the other party. The City of Pasco's representative shall be Robert Gear, Fire Chief, City of Pasco. Consistent Care's representative shall be Becky Grohs, RN, BSN, CCM-Chief Operations Officer. 4. Duties of Pasco. Pasco shall perform the following duties: (a) Provide a desk, laptop or IPad, and cell phone for use of the Community Health Worker. (b) When available, provide a marked Fire Department vehicle for use of the Community Health Worker. ( c) Provide appropriate identifying clothing that clearly shows the Community Health Worker providing services on behalf of the Pasco Fire Department. (d) Identify clients needing the assistance of the Community Heahh Worker. ( e) When requests for assistance by the Community Health Worker are received, the Pasco Fire Department will provide requested support. (f) Pasco fire will do a driving background check of consistent cares employee prior to allowing them to drive city owned vehicles. 5. Duties of Consistent Care. Consistent Care shall perform the following duties: (a) Provide a contractual employee to the City of Pasco, Fire Department for the providing of Community Health Worker assistance to the Fire Department. (b) Provide a written summary monthly of Community Health Worker activities. ( c) The services provided to the Pasco Fire Department will be as described in Exhibit A. ( d) Consistent Care will provide reports from available database programs to assist in the development of monthly reports. ( e) When possible, Consistent Care will facilitate access to any systems that promote collaboration and ease in referral management. 6. Insurance. (a) The parties to this Agreement shall each procure and maintain insurance, as required in this Section, or as provided by the City's insurance pool, without interruption from commencement of this Agreement through the term thereof and for thirty (30) days thereafter, unless otherwise indicated herein. (b) No Limitation. The parties' maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the Agreement-Emergency Health Services Consistent Care and City of Pasco Page2 liability of either party to the coverage provided by such insurance, or otherwise limit the recourse of either party to any remedy available at law or in equity. (c) Minimum Scope of Insurance. Insurance shall be of the types and coverage as stated below: 1. Automobile Liabilit y insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 2. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. Pasco shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the Public Entity. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional liabilit v insurance a ppro priate to the consultant's profession. ( d) Minimum Amounts oflnsurance. Each party to this agreement shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial General Liabilit y insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability Insurance. Professional liability insurance shall be written with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate limit. (e) Consistent Cares Automobile Liability and Commercial General Liability insurance polices are to contain, or be endorsed to contain that they shall be the primary insurance for claims arising out of the operation of a motor vehicle regardless of vehicle ownership. Any insurance, self insurance or self insured pool coverage maintained by the city shall be secondary to Consistent Care's insurance. 7. Indemnification. Agreement -Emergency Health Services Consistent Care and City of Pasco Page3 (a) Consistent Care Indemnification of Pasco. Consistent Care shall indemnify, defend, and hold harmless Pasco, its officers, agents and employees, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including costs and attorneys' fees in defense thereof: for injuries, sickness or death of persons (including employees of Consistent Care), or damage to property, or the violation of any person's civil rights, which is caused by or arises out of Consistent Care's acts errors or omissions with respect to the subject matter of this agreement; provided, however; (i) Consistent Care's obligation to indemnify, defend and hold harmless shall not extend to injuries, sickness, death, damage or civil rights violations caused by or resulting from the sole actions or negligence of Pasco, its officers, agents or employees; and (ii) Consistent Care's obligation to indemnify, defend, and hold harmless for injuries, sickness, death, damage or civil rights violations caused by or resulting from the concurrent actions or negligence of Consistent Care and Pasco shall apply only to the extent that Consistent Care's actions or negligence caused or contributed thereto. (b) Pasco Indemnification of Consistent Care. Pasco shall indemnify, defend, and hold harmless Consistent Care, its officers, agents and employees, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including costs and attorneys' fees in defense thereof: for injuries, sickness or death or persons (including employees of Pasco), or damage to property, or the violation of any person's civil rights, which is caused by or arises out of Pasco' acts, errors or omissions with respect to the subject matter of this agreement; provided, however; (i) Pasco's obligation to indemnify, defend and hold harmless shall not extend to injuries, sickness, death, damage or civil rights violations caused by or resulting from the sole actions or negligence of Consistent Care, its officers, agent or employees; and (ii) Pasco's obligation to indemnify, defend and hold harmless for injuries, sickness, death, damage or civil rights violations caused by or resulting from the concurrent actions or negligence of Pasco and Consistent Care shall apply only to the extent that Pasco's actions or negligence caused or contributed thereto. (c) Indemnification for Events Occurring Prior to Termination of Agreement. The obligation to indemnify, defend and hold harmless for those injuries provided for in Sections 6(a) and 6(b) extends to those events occurring prior to the termination of this Agreement. No obligation exists to Agreement -Emergency Health Services Consistent Care and City of Pasco Page4 indemnify for injuries caused by or resuhing from events occurring after the last day of this Agreement. The obligation, of a party, to indemnify, defend, and hold harmless, the other party, under Sections 6(a) and 6(c), shall survive termination of this Agreement for any event that occurred prior to such termination. 8. Actions Contesting Agreement. Each party shall appear and defend any action or legal proceeding brought to determine or contest: (i) the validity of this Agreement and/or (ii) the legal authority of Consistent Care and/or Pasco to undertake the activities contemplated by this Agreement. If both parties to this Agreement are not named as parties to the action, the party named shall give the other party prompt notice of the action and provide the other an opportunity to intervene. Each party shall bear any costs and expenses taxed by the court against it; any costs and expenses assessed by a court against both parties jointly shall be shared equally. 9. Independent Contractor. Each party to this Agreement is an independent contractor with respect to the subject matter herein. Nothing in this Agreement shall make any employee of Consistent Care a Pasco employee for any purpose, including, but not limited to, for withholding of taxes, payment of benefits, worker's compensation pursuant to Title 51 RCW, or any other rights or privileges accorded Pasco's employees by virtue of their employment. Nothing in this Agreement shall make any employee of Pasco a Consistent Care employee for any purpose, including but not limited to for withholding taxes, payment of benefits, worker's compensation pursuant to Title 51 RCW, or any other rights or privileges accorded Consistent Care employees by virtue of their employment. At all times pertinent hereto, employees of Pasco are acting as Pasco employees and employees of Consistent Care are acting as Consistent Care employees. 10. Notice. Any notice or other communication given hereunder shall be deemed sufficient, if in writing and delivered personally to the addressee, or sent by certified or registered mail, return receipt requested, addressed as follows, or to such other address as may be designated by the addressee by written notice to the other party: To Pasco: Robert Gear City of Pasco P.O. Box293 Pasco, WA 99301 509-545-3426 To Consistent Care: 7105 W. Hood Place, Suite AIOI, Kennewick WA 99336 Agreement -Emergency Health Services Consistent Care and City of Pasco Pages 11. Partial Invalidity. Whenever possible, each provision ofthis Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. Any provision of this Agreement which shall prove to be invalid, void or illegal shall in no way affect, impair, or invalidate any other provisions hereof: and such other provisions shall remain in full force and effect. Notwithstanding the foregoing, this Agreement shall be subject to re-negotiation as provided in this Agreement. 12. Assignability. The rights, duties, and obligations of either party to this Agreement may not be assigned to any third party without the prior written consent of the other party, which consent shall not be unreasonably withheld. 13. Entire Agreement. This Agreement contains the entire understanding between the parties and supersedes any prior understandings and agreements between them regarding the subject matter hereof. There are no other representations, agreements, or understandings, oral or written, between the parties hereto relating to the subject matter of this Agreement. No amendment of: or supplement to, this Agreement shall be valid or effective unless made in writing and executed by the parties hereto. This Agreement was negotiated and prepared at arms-length by counsel for the parties and shall be interpreted in accordance with its plain meaning, and shall not be construed for or against any party. 14. Mediation/Arbitration Clause. In the event of a dispute regarding the breach, interpretation, or enforcement of this Agreement, the parties shall first meet in a good faith effort to resolve the dispute. In the event that the parties, either with or without the assistance of a mediator cannot resolve the dispute, such dispute shall be resolved by binding arbitration pursuant to RCW 7.04A. The costs of the arbitrator shall be equally borne between the parties; however the Arbitrator may award attorney fees and costs of the substantially prevailing party as an additional award against the other. Venue shall be placed in Pasco, Washington and in the event of a de novo appeal, the parties waive their respective rights to a jury trial. 15. Captions. The section and paragraph captions used in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. 16. Duration and Termination. This agreement is entered into for the remainder of 2019 as a pilot program to take the actions cited above. The agreement will continue in 2020 and beyond unless terminated as stated above. If the pilot program is deemed successful the following term shall take effect. The "pilot" program terms shall take effect upon signing this agreement and remain in effect until December 31, 2019. The regular program terms of this Agreement shall be for a period of_ 2 __ years unless terminated as described above. The regular program Agreement shall take effect on _January l ___ , 2020. Agreement -Emergency Health Services Consistent Care and City of Pasco Page6 Either party may elect to tenninate this Agreement by written notice of termination to the other party delivered by regular mail to the contact person identified herein. Said tennination shall become effective sixty ( 60) days from the date of receipt of said written notice. DATED thi ~.2.,__dayof // 2019. CITY OF PASCO <JQ-~/4.;j;A-eL( _ , ger , C 11' S,_.... ( Dave Zabell/'L1t¥-J.) APPROVED AS TO FORM ~ CONSISTENT CARE SERVICES ~~~ Darin Neven, CEO 9-5-2019 APPROVED AS TO FORM Agreement -Emergency Health Services Consistent Care and City of Pasco Page? Exhibit A Project Description-Scope of Work Pasco Fire Department and Consistent Care Services Overview: The partners above have committed to collaborating in an effort to reduce unnecessary use of EMS and the Emergency Department in the City of Pasco. Together we have identified risk factors that, if left untreated and/or unmanaged, may result in overutiliz.ation of emergency services. Each risk factor is tied to a standardized assessment and related intervention(s) that will be applied to provide the patient-needed services and to divert patients to other, more cost effective, care. Targeted Risk Factor Areas: It is proposed that the overutilization of emergency services can be tied to the following root causes. Patients may have more than one risk factor at a time. For program effectiveness, interventions should be tied to the risk factors below: Basic Needs-Food insecurity and lack of shelter. Unsafe Environment-Disrepair of shelter, lack of ramp, fire code violations, hoarding, and lack of utilities. Personal Safety-Domestic Violence, self-neglect, lack of caregiver support, and falls. Access to Medications/Health Care-No transportation to medications/appointments, unable to afford copayments, poor medication understanding/lack of education related to meds. Poor Health Literacy-concern regarding mgmt. of chronic diseases (HF, Diabetes, COPD), needs pep, does not understand healthcare system, unable to read/write, and language barriers. Note* The existence of substance use disorder and/or persistent mental health needs by itself is not a risk factor needing intervention without the presence of one of the above-compounding concerns. Requirements for patient participation: • Minimum number of ED or EMS contacts: 2 in 24 hours, or 3 in a month, or 6 in 6 months. Agreement -Emergency Health Services Consistent Care and City of Pasco Page8 • No patient will be excluded based on insurance status. • Lives in their own home (including independent retirement living); no SNF, Assisted Living and AFH. • Patient agrees to services. Referral Sources: • EMS observations/direct referrals • Data reporting • Emergency Departments • Clinics/ Primary Care • Community Agencies (ALTC, APS) Staffing: The program will be staffed with one Community Health Worker, hired and paid by Consistent Care Services. The hours of monthly services will be as agreed in the program budget. This CHW will be co-located between the Pasco FD and the CCS office. Agreement -Emergency Health Services Consistent Care and City of.Pasco Page9 Version 1.0 Addendum 2019-20 File Name City of Pasco and CCSS 2019-20 Addendum to initial contract EXlllBTB 2019-20 ADDENDUM to Description Initial Contract Fee schedule City of Pasco and Consistent Care-Emergency Medical Background This addendum references the initial contract for services titled "Agreement with Consistent Care Services-Emergency Medical" effective _____ , 2019 (see attached) hereafter referred to as Original Agreement between City of Pasco and Consistent Care Services, SPC, PS (CCS). Per section 1 of Original Agreement City of Pasco desires to partner with CCS to provide a framework for cooperation in order to reduce unnecessary use of EMS and Emergency Department Services in the City of Pasco. Be it known that the parties agree to make the following additions or changes to the agreement below as follows. This addendum will supersede the Original Agreement. The effective date for this addendum will be the date of the last signature. 1. City of Pasco would like CCS to provide contractual employee to the City of Pasco, Fire Department for the providing of Community Health Worker assistance to the Fire Department. These services will be provided to the City of Pasco with the below fee schedule. 1. Fees: City of Pasco will pay Consistent Care for work performed under this agreement upon timely submitted invoices listing the dates/hours of work performed and expenses, if any, for which reimbursement is sought. Pasco shall approve all invoices before payment is issued. Payment shall occur within 30 days of receipt and approval of an invoice. 1.1. Fee schedule: City of Pasco will pay Consistent Care for work performed under this agreement upon timely submitted invoices listing the dates/hours of work performed and expenses, if any, for which reimbursement is sought. Pasco shall approve all invoices before payment is issued. Payment shall occur within 30 days of receipt and approval of anmv01ce. Position Community Worker Rate FTE Annual costs Health $28/hour .5 $29,120 Agreement -Emergency Health Services Consistent Care and City of Pasco Page IO RN Project Mgt and I $45/hour I .1 Oversight $9,360 All other terms and provisions of the agreement shall remain in full force and effect. FACILITY: INDEPENDENT CONTRACTOR: S~:~¼ Signature: b~~ Name: ~'1e, 2.a,~\ Name: DarinE Neven Title: t, i ~ ~'l..cfts Services SPC, P Title: President, Consistent Care Date: tR. /n I l q Date: 9-5-2019 Agreement -Emergency Health Services Consistent Care and City of Pasco Page 11