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
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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
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(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
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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
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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
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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
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• 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
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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
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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
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