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HomeMy WebLinkAboutKWPH Enterprises dba American Ambulance-Emergency Ambulance Services Advanced Life Support Paramedic Ambulance Services_A-25-435 A-17-218-1 A-17-218-2 A-22-374.pdf COtj County of Fresno Hall of Records, Room 301 2281 Tulare Street Fresno,California 601 Board of Supervisors 93721-2198 O� 1$56 0 Telephone: (559)600-3529 FRV,t' Minute Order Toll Free: 1-800-742-1011 www.fresnocountyca.gov August 19, 2025 Present: 5- Vice Chairman Garry Bredefeld, Supervisor Luis Chavez, Supervisor Nathan Magsig, Chairman Buddy Mendes, and Supervisor Brian Pacheco Agenda No. 52. Public Health File ID: 25-0737 Re: Approve and authorize the Chairman to execute Fourth Amendment to Agreement with K.W.P.H. Enterprises, Inc., d.b.a.American Ambulance to authorize an increase in maximum allowable user fee rates,with no change to the term of January 1, 2018,through December 31, 2027, or compensation maximum of$9,035,155 PRIOR TO BOARD DISCUSSION,SUPERVISORS PACHECO, BREDEFELD,AND MAGSIG RECUSED THEMSELVES UNDER THE LEVINE ACT. DUE TO A LACK OF QUORUM,THE THREE CONFLICTED SUPERVISORS DREW LOTS,WHICH RESULTED IN VICE CHAIRMAN BREDEFELD PARTICIPATING PURSUANT TO THE RULE OF NECESSITY.A MOTION WAS MADE BY VICE CHAIRMAN BREDEFELD,SECONDED BY CHAIRMAN MENDES,THAT THIS MATTER BE APPROVED AS RECOMMENDED.THE MOTION CARRIED BY THE FOLLOWING VOTE: Ayes: 3- Bredefeld, Chavez, and Mendes Recuse: 2- Magsig, and Pacheco Agreement No. 25-435 County of Fresno Page 53 co Board Agenda Item 52 O 1856 O FRE`'� DATE: August 19, 2025 TO: Board of Supervisors SUBMITTED BY: Joe Prado, Interim Director, Department of Public Health SUBJECT: Fourth Amendment to the Agreement with K.W.P.H. Enterprises, Inc., d.b.a. American Ambulance RECOMMENDED ACTION(S): Approve and authorize the Chairman to execute Fourth Amendment to Agreement with K.W.P.H. Enterprises, Inc., d.b.a.American Ambulance to authorize an increase in maximum allowable user fee rates,with no change to the term of January 1, 2018,through December 31, 2027, or compensation maximum of$9,035,155. On June 23, 2025, American Ambulance submitted a written request to the Department of Public Health, which is the designated local Emergency Medical Services (EMS) agency for Fresno County, requesting approval to implement an increase to the maximum allowable user fees. This is due to increasing monitoring fees imposed by the Department of Public Health as a result of increasing Information Technology(IT) charges for radios and data processing by the County's Information Technology Services Department (ITSD). The proposed represents an increase of approximately 5.8%. The County's agreement with American Ambulance requires that the Board of Supervisors approve any user fee adjustments proposed by American Ambulance. There is no Net County Cost associated with the recommended action. This item is countywide. ALTERNATIVE ACTION(S): There is no viable alternative action. Should your Board not approve the recommended action, the Department will be forced to use realignment funds to cover the additional costs since American Ambulance would not be able to afford the County's increase. FISCAL IMPACT: There is no increase in Net County Cost associated with the recommended action. The proposed Amendment only changes the user fees that American Ambulance is allowed to bill a patient. American Ambulance does not receive a subsidy from the County for the provision of ambulance services and is only funded through its user fees. Under the Agreement, the County compensates American Ambulance approximately$75,000 annually for transport of Fresno County Jail and Fresno County Juvenile Justice Campus inmates and patients eligible from the County's Medical Indigent Services Program with 1991 Health Realignment funds, which will not be impacted by the user fee adjustment. This proposed increase will allow the Department to charge American Ambulance a higher monitoring fee, reducing the reliance on 1991 Health Realignment funds to fill in the gaps. Sufficient appropriations and estimated revenues will be included in the Department's Org 5620 FY 2025-26 Recommended Budget and will be included in subsequent budget requests for the duration of the contract term. County of Fresno Page I File Number.25-0737 File Number:25-0737 DISCUSSION: The Department of Public Health is the designated EMS Agency for Fresno, Kings, Madera, and Tulare counties, pursuant to Health and Safety Code, section 1797.200, acting as the Central California EMS Agency. On May 16, 2017, the County entered into an exclusive operating agreement No. 17-218 with K.W.P.H. Enterprises, Inc., d.b.a. American Ambulance, for the provision of emergency ambulance services. The Agreement contains specific performance requirements for ambulance and dispatch services, including response times, dispatch center operations, and public education and training. On October 20, 2020, the County executed the first amendment to the EMS Provider Agreement with American Ambulance for the relocation of the emergency services dispatching and dispatcher training operations, as well as to make clarifying revisions to the existing EMS Provider Agreement relating to the integration of the operation of the new EMS Communications Center. On June 8, 2021, the County executed the second amendment to the EMS Provider Agreement with American Ambulance to extend the agreement for an additional five-year term from January 1, 2023 through December 31, 2027, and to allow American Ambulance to implement an Emergency Medical Technician training program. On August 23, 2022, the County executed the third amendment to the EMS Provider Agreement with American Ambulance to increase maximum allowable user fees with the justification of increasing wages for EMTs, Dispatchers, and paramedics. On June 23, 2025, American Ambulance submitted a written request to the EMS Agency Director requesting an increase to maximum allowable user fees due to an increase in monitoring fee requested by the Department as a result of a sharp increase in IT charges for FY 2025-26 for radio and data processing. There is a 65% increase in radio charges and 12.5% in data processing charges billed to the Department by ITSD for the EMS Communications Center from FY 2024-25 to FY 2025-26. The increased monitoring fee is necessary to provide for long-term budget stability of the Department. These increased costs will also be negotiated for other users of the EMS Communications Center when new contracts are up starting in FY 2026-27. While American Ambulance's proposed user fee represents an increase of approximately 5.8%, the result will affect less than 10% of payors, as more than 90% of patients transported by American Ambulance have fixed rates under Medi-Cal or Medicare, which will not increase under the recommended action. Patients with private insurance will be most impacted by the increase. This is the second user fee increase that American Ambulance has requested since the ambulance agreement was implemented on January 1, 2018. The ambulance agreement will expire on December 31, 2027. REFERENCE MATERIAL: BAI #32, August 23, 2022 BAI #34, June 8, 2021 BAI #34, October 20, 2020 BAI #14, May 16, 2017 ATTACHMENTS INCLUDED AND/OR ON FILE: On file with Clerk- Fourth Amendment to Agreement with American Ambulance On file with Clerk- Fee Rate Increase Request County of Fresno Page 2 File Number.25-0737 File Number:25-0737 CAO ANALYST: Ronald Alexander County of Fresno Page 3 File Number:25-0737 Agreement No. 25-435 1 FOURTH AMENDMENT TO AGREEMENT 2 THIS FOURTH AMENDMENT TO AGREEMENT (hereinafter"Amendment") is made and 3 entered into this 191" day of August 2025, by and between COUNTY OF FRESNO, a Political 4 Subdivision of the State of California, Fresno, California (hereinafter"COUNTY"), and K.W.P.H. 5 Enterprises a California Corporation, doing business as AMERICAN AMBULANCE, whose address is 6 2911 E Tulare St. Fresno, CA 93721 (hereinafter"CONTRACTOR"). 7 WITNESSETH: 8 WHEREAS, COUNTY and CONTRACTOR entered into Agreement number 17-218, dated May 9 16, 2017 (hereinafter"Agreement"), pursuant to which CONTRACTOR agreed to provide emergency 10 ambulance services to COUNTY; and 11 WHERAS COUNTY's local emergency medical services agency ("EMS Agency") duly 12 established the Fresno County Emergency Medical Services Exclusive Operating Area for the 13 exclusive provision of emergency ambulance services; and 14 WHEREAS, the Agreement was amended for the first time on October 20, 2020, identified as 15 County Agreement 17-218-1; and 16 WHEREAS, the Agreement was amended for the second time on June 08, 2021, identified as 17 County Agreement 17-218-2; and 18 WHEREAS, the Agreement was amended for the third time on August 23, 2022, identified as 19 County Agreement 22-374; and 20 WHEREAS, on June 23 , 2025 CONTRACTOR submitted to the COUNTY's EMS Agency 21 Director a written request to adjust user fee rates primarily due to increased monitoring fees costs 22 imposed by the EMS Agency, as a result of increasing County Information Technology costs. 23 WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement in order to 24 raise the user fees charged for emergency ambulance services. 25 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which 26 is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: 27 1. That the existing third amendment, County Agreement No. 22-374, Page Two (2), 28 beginning with Paragraph One (1), Line One (1)with the word "The" and ending on Line Fourteen (14) - 1 - 1 with the word "minutes", be deleted and the following inserted in its place: 2 "The maximum allowable fees that Contractor may charge patients for 3 services under the Agreement are limited to the following fees. 4 a. BLS Rate .......................................................................... $1,319.70 5 b. BLS Emergency Base Rate ................................................... $2,059.70 6 c. ALS1 Base Rate ................................................................ $1,566.70 7 d. ALS1 Emergency Base Rate ................................................. $2,429.70 8 e. ALS2 Base Rate ............................................................... $2,821.95 9 f. Paramedic Intercept .......................................................... $1,741.25 10 g. Critical Care Transport .................................................... $3,319.45 11 h. Mileage (rate per mile) .................................. $49.00 per loaded mile 12 i. Non-Transport—ALS Treatment Fee ......................................... $500 13 j. Non-Transport—Ambulance Treatment Fee .................................. $200 14 k. Stand-by rate (waiting with patient) ........................... $40.00/15 minutes 15 I. Special Event Stand-by (dedicated unit) ..................... $50.00/15 minutes" 16 2. The parties agree that this Amendment may be executed by electronic signature as 17 provided in this section. An "electronic signature" means any symbol or process intended by an 18 individual signing this Amendment to represent their signature, including but not limited to (1) a digital 19 signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and 20 transmitted (for example by PDF document) of a handwritten signature. Each electronic signature 21 affixed or attached to this Amendment (1) is deemed equivalent to a valid original handwritten 22 signature of the person signing this Amendment for all purposes, including but not limited to 23 evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as 24 the valid original handwritten signature of that person. The provisions of this section satisfy the 25 requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act 26 (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). Each party using a digital 27 signature represents that it has undertaken and satisfied the requirements of Government Code 28 section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely - 2 - 1 upon that representation. This Amendment is not conditioned upon the parties conducting the 2 transactions under it by electronic means and either party may sign this Amendment with an original 3 handwritten signature. 4 3. The Parties agree that this Fourth Amendment is sufficient to amend the Agreement, as 5 previously amended, and that upon execution of this Fourth Amendment, the Agreement, First 6 Amendment, Second Amendment, Third Amendment, and this Fourth Amendment together shall be 7 considered the Agreement. 8 The Agreement, as hereby amended, is ratified and continued. All provisions, terms, 9 covenants, conditions and promises contained in the Agreement and not amended herein shall remain 10 in full force and effect. 11 HI 12 HI 13 HI 14 HI 15 HI 16 HI 17 HI 18 HI 19 HI 20 HI 21 HI 22 HI 23 HI 24 HI 25 HI 26 HI 27 HI 28 HI - 3 - 1 EXECUTED AND EFFECTIVE as of the date first above set forth. 2 3 CONTRACTOR COUNTY OF FRESNO 4 K.W.P.H. Enterprises, dba American 5 Ambulance 6 (Authorized Signature) Ernest Buddy Men es, Chairman of the 9 Board of Supervisors of the County of Fresno 10 Tnrld Va1arLCE0 11 Print Name&Title 12 ATTEST: Bernice E. Seidel 13 7 Clerk of the Board of Supervisors County of Fresno, State of California 14 (Authorized Signature) 15 16 Erik Paterson, Corporate Secretary By: Print Name&Title Deputy 17 Chief Financial Officer or Corporate Secretary 18 19 Mailing Address 2911 E. Tulare St 20 Fresno, CA 93721 21 22 23 FOR ACCOUNTING USE ONLY: 24 Fund: 0001 25 Subclass: 10000 ORG: 56201695 26 Account: 7295 27 28 -4- AMERICAN A M B U L A N C E June 23, 2025 Mr. Daniel J. Lynch EMS Director Fresno County Department of Public Health 1221 Fulton Street Fresno, CA 93721 Subject: Ambulance User Fee Adjustment Request Due to Increased Monitoring Costs Dear Mr. Lynch: Thank you for your letter dated June 13, 2025, regarding the County's increase to EMS monitoring costs. We value our continued partnership with Fresno County and appreciate the opportunity to respond to this request. As noted in your correspondence,the annual contract monitoring cost will increase to $1,500,000 from $770,403 —an increase of$729,597. While we understand the operational needs prompting this adjustment, this substantial increase represents a significant new cost that cannot be absorbed without adversely impacting service delivery and sustainability. We respectfully request an ambulance user fee increase of$85.70 to each base rate to offset the increased cost. Our current user fees have been unchanged since August 2022 and the proposed adjustment would result in the following revised rates: Service Current Rate Proposed Rate BLS Scheduled Base Rate $1,234.00 $1,319.70 BLS Emergency Base Rate $1,974.00 $2,059.70 ALS-1 Scheduled Base Rate $1,481.00 $1,566.70 ALS-1 Emergency Base Rate $2,344.00 $2,429.70 ALS-2 Base Rate $2,736.25 $2,821.95 Specialty Care Transport (CCT) $3,233.75 $3,319.45 Mileage (per loaded mile) $49.00 $49.00 Non-transport Assessment $200.00 $200.00 Non-transport ALS Treatment $500.00 $500.00 Standby Rate (per 15 minutes) $40.00 $40.00 ACCREDITED Since 2000 2911a 93721 • LANCE. We estimate that only a small portion of patients—approximately 8.8%with private insurance—will be subject to the increased rates. More than 91%of our patients are covered by government payers that reimburse at fixed rates, regardless of billed charges, and therefore would not be affected by this adjustment. For those with private insurance, California Assembly Bill 716 (effective January 1, 2024) provides consumer protection by limiting out-of-pocket costs to in-network cost-sharing amounts. Ambulance providers are required to bill the patient's insurer directly for the remainder. For uninsured patients, AB 716 limits billed charges to the lower of the Medicare or Medi-Cal rate. As a result, the proposed fee increase is expected to have negligible—if any—financial impact on patients. We believe the requested adjustment is both necessary and reasonable in light of the County's increased monitoring costs and our limited ability to recover the added expense. We remain committed to providing high-quality service while upholding financial accountability and transparency. Thank you for your continued collaboration. Please feel free to contact me directly if you have any questions or would like to discuss further. Sincerel Todd Valeri Chief Executive Officer