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Title:

Agreement

Entities:

American Medical Alert Corp.

Date:

2002

Size:

Preview shows 11KB of 156KB total

Price:

$49

ID:

#389952

 

 

► Miscellany ► Agreements
► Healthcare ► Medical Equipment & Supplies

 

 

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                                                        JANUARY 1, 200l TO

JUNE 30,2002

BPERS01
06/08/01

AGREEMENT made as of the 22nd day of February 2002, between the City of New
York, acting through the Department of Social Services of the Human Resources
Administration (hereinafter called "Department" or "Social Services District")
with offices located at 180 Water Street, New York, New York 10038 and American
Medical Alert Corporation (hereinafter called "Contractor" or "Supplier" or
"Provider"), with offices located at 3265 Lawson Boulevard, Oceanside, New York
11572

W I T N E S S E T H:

WHEREAS, the Department's Home Care Services Program (hereinafter "HCSP")
provides a program of personal home care services for individuals eligible for
such services, pursuant to applicable Federal and State laws and regulations;
and

WHEREAS, the Department, pursuant to Section 367-g of the Social Services
Law and Title 18 NYCRR, Section 505.33, may authorize personal emergency
response services (hereinafter "PERS") to be provided to individuals whom the
Department or its designee has determined to be eligible to receive such
services; and

WHEREAS, the Department's program of personal cart services includes, but
is not limited to, Supervisory and Assessment Nursing Visits and Housekeeper and
Home Attendant Services components; and

WHEREAS, the HCSP instituted a program designed to allow home care services
clients, living alone, to call for assistance, by using an electronic call
device; and

WHEREAS, the parties hereto entered into an Agreement for the provision of
such services, for the period from July 1, 1999 through June 30, 2000, which
Agreement was thereafter extended for the period from July 1, 2000 through
December 31, 2000; and

WHEREAS, the Contractor has been providing personal emergency response
services to date; and

WHEREAS, a Request for Proposals for a new solicitation for such
services has been prepared and is scheduled for release. A new contract is as
yet unavailable to continue the provision of such services and replace the
existing contract, the absence of which would result in HRA being without
essential Personal Emergency Response Services to serve the needs of the
Department's clients eligible to receive such services; and

WHEREAS, HRA has a compelling need for the continuation of Contractor's
services, and pursuant to the provisions of Section 3-04 of the Procurement
Policy Board Rules, has negotiated this Agreement with the Contractor; and,
further

{PAGE}

WHEREAS, the Department has requested the Contractor to provide PERS in
accordance with the terms and conditions contained herein, and the Contractor is
ready, willing, and able to do so.

NOW, THEREFORE, in consideration of the mutual covenants herein
contained, the parties have agreed, and do hereby agree, as follows:

PART I

ARTICLE 1. TERM OF PERFORMANCE

The term of performance for this Agreement shall be for a period of
eighteen (18) months, from January 1, 200l through June 30, 2002, unless sooner
terminated pursuant to the terms hereof.

ARTICLE 2. DEFINITIONS

A. Electronic Call Device (hereinafter "ECD") -- the Contractor's
electronic call service system, which consists of a two-way voice base
(Help console), a help button (Personal Transmitter), a panic button at
the primary entrance, an activator mounted in the bathroom, and smoke
detector. This equipment incorporates an emergency response activator
and an emergency response communicator as required by 18 NYCRR Section
505.33.

B. Electronic Communication Equipment (hereinafter "PERS equipment") --
shall mean the Contractor's ECD equipment that electronically signals a
monitoring agency for help via recipient telephone lines.

C. Emergency Responder -shall mean a recipient's neighbor, family member,
or any other person who, at the recipient's request, has agreed to
respond to a signal for help when notified by the ERC.

D. Emergency Response Activator --shall mean an electronic device that the
recipient presses or otherwise activates to send a signal for help to
the monitoring agency.

E. Emergency Response Communicator -- shall mean an electronic unit
connected to a recipient's telephone line. The emergency response
communicator accepts a signal for help from the emergency response
activator and also has its own device to generate a signal for help. It
sends the signal via telephone lines to the monitoring agency.

F. Emergency Response Organization -- shall mean police or fire
department, an ambulance service, a hospital or other entity that the
recipient has designated to respond to signals for help when notified
by the ERC or the Emergency Responder.

G. Funds -- shall mean money or anything of value transferred by the
Department or MMIS or both to the Contractor in accordance with this
Agreement, and shall include, but shall not be limited to rate
payments.


-2-
{PAGE}


H. MMIS -- shall mean the New York State Department of Health Medicaid
Management Information System.

I. Monitoring Agency -- shall mean an agency (hereinafter "Emergency
Response Center" or "ERC") that is capable of receiving signals for
help from a recipient's PERS equipment 24 hours per day, seven (7) days
per week; determining whether an emergency exists; and notifying an
emergency response organization or an emergency responder that the PERS
recipient needs emergency help.

J. Personal Emergency Response Services (hereinafter "PERS") -- shall mean
(1) the provision and maintenance of electronic communication equipment
in the home of a recipient which signals a monitoring agency for help
when activated by the recipient, or after a period of time if a timer
mechanism has not been rest, or by any other activating method, and (2)
the continuous monitoring of such signals by trained operators and, in
case of receipt of such signal, the immediate notification of such
emergency response organizations or person, if necessary, as the
recipient has previously specified.

K. Recipient -- shall mean a person determined by the Department to be
eligible for and authorized by the Department to receive program
services in accordance with this Agreement.

L. Recipient Data Record -- a record of recipient information that must
contain the following information:

1. The recipient's name, telephone number and address, including his
or her apartment number and floor, if applicable;

2. The recipient's personal medical history, including his or her
age, sex, medical condition, diagnosis, and other relevant
medical history;

3. The name, telephone number, and address of the person or persons
whom the recipient has designated as the emergency responder
responders;

4. The name, telephone number, and address of the person whom the
recipient has designated as his or her representative, if
different from an emergency responder;

5. The name, phone number, and address of the police department,
fire department, ambulance service, hospital, or other entity
that the recipient has designated as an emergency response
organization;

6. The recipient's written authorization for the emergency response
organization and an emergency responder to enter his or her home
and provide emergency treatment and transportation; provided that
the Department has obtained the recipient's authorization
pursuant to Article 4.A.2.c., below.

7. The name, telephone number, and address of the recipient's
physician and the recipient's preferred hospital.


-3-
{PAGE}

ARTICLE 3. EQUIPMENTt

A. Pursuant to 18 NYCRR, Sec. 505.33, subsection (g), all PERS equipment
must be approved by the Federal Communications Commission and meet the
Underwriters Laboratories, Inc. (hereinafter "UL") safety standard
number 1637, which is the UL safety standard for the home health care
signaling equipment.

B. The Contractor agrees to provide to the Department as many ECD's as the
Department may require during the term of this Agreement. The ECDs
shall include the following:

1. An emergency response activator that is activated either by
breath, by touch, or some other means and is usable by persons
who are visually or hearing impaired or physically disabled.

2. An emergency response communicator that is attached to the
recipient's telephone line that will not interfere with normal
telephone use. It must be capable of operating without external
power during a power failure at the recipient's home in
accordance with all requirements for home health care signaling
equipment with stand-by capability.

C. Pursuant to Title 18, section 505.33, subsection (g) of the NYCRR, the
monitoring agency must be capable of simultaneously responding to
multiple signals for help from:

1. a primary receiver and back-up receiver, which must be
independent and interchangeable;

 

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