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HomeMy WebLinkAboutR-2000-138 Yakima Physicians Medical Services AgreementRESOLUTION NO. R-2000-138 A RESOLUTION authorizing the City Manager of the City of Yakima to execute a professional services agreement between the City of Yakima and Yakima Physicians, a Washington corporation, to provide jail medical services. WHEREAS, the City requires medical services for the Yakima City Detention Facility located at the Yakima Police Station/Legal Center, 200 South Third Street, Yakima, Washington; and WHEREAS, the City of Yakima Police Department does not have staffing levels or specialized expertise necessary to provide said medical services; and WHEREAS, Yakima Physicians, agrees to provide said medical services in accordance with the terms and conditions set forth in the attached Agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to contract with Yakima Physicians for jail medical services, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated "Professional Services Agreement for Jail Medical Services" between the City of Yakima and Yakima Physicians, a Washington corporation. ADOPTED BY THE CITY COUNCIL this 7th day of November, 2000. ATTEST: City Clerk (1k)res/jail medical services 2000.pm y Place, Mayor PROFESSIONAL SERVICES AGREEMENT FOR JAIL MEDICAL SERVICES THIS AGREEMENT is made and entered into between the City of Yakima, a Washington municipal corporation, (hereinafter the "City"), and Yakima Physicians, a Washington corporation, (hereinafter "Yakima Physicians"). WHEREAS, the City requires medical services for the Yakima City Detention Facility (hereinafter the "Jail") located at the Yakima Police Station/Legal Center, 200 South Third Street, Yakima, Washington. WHEREAS, the City of Yakima Police Department does not have staffing levels or specialized expertise necessary to provide said medical services. WHEREAS, Yakima Physicians agrees to provide said medical services in accordance with the regional testing services for the Agencies under the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and Yakima Physicians as follows: 1. Authority Granted. Yakima Physicians is hereby designated as the authority responsible for health care services at the Jail. Matters of medical judgment in the treatment of inmates are the sole province of Yakima Physicians. Matters of dental judgment shall be referred to an appropriate source in the community. 2. Yakima Physicians' Duties. Yakima Physicians shall: a. Provide a triage nurse(s) who will visit the Jail five (5) days per week (Monday through Friday) for up to four (4) hours each day to assess inmates presenting health problems, gather necessary health histories and records, dispense medications as allowed under standing orders from Yakima Physicians, refer inmates for appropriate treatment of illness/injury per discussion with Jail staff, and document medical services. b. Arrange for and provide office visits at a clinic or other appropriate healthcare setting for those inmates requiring medical attention outside the Jail facility by a licensed physician, physician Page 1 of 7 (1k)agr/jail medical services 2000.pm assistant, or advanced registered nurse practitioner, and discuss with Jail administrators before referring inmates for additional health services or treatment outside the scope of this contract. c. Provide a nurse or physician available three hundred and sixty-five (365) days per year to whom Jail personnel can contact to assess the urgent health conditions of the inmates. All routine needs will be assessed and handled as per 2(a). d. Provide a physician to approve all prescriptions for the inmates. e. Provide oversight by a physician(s) of medical activities and develop specific protocols/procedures, including but not limited to triage methodology, a system for delivery of medication, and for referral of inmates for outside treatment. f. Provide all necessary materials, supplies, and equipment necessary for performance of the services required hereunder. g. Maintain complete and accurate medical records for all Jail inmates. The records shall be retained on site at the Jail, separate from confinement records. Yakima Physicians and the City shall maintain the confidentiality of the records as required by law, recognizing that relevant information or a copy of the records shall be forwarded to appropriate facilities or to other health care providers as needed. h. Maintain communications with the Police Department and cooperate in the administration of the Jail health care program. 3. Certification. Yakima Physicians hereby certifies that all services performed pursuant to this Agreement shall be performed by personnel licensed by the State of Washington to perform such services. Yakima Physicians shall be responsible for and shall pay all corresponding and necessary license fees/charges. 4. Consideration. The City shall pay Yakima Physicians for the services provided pursuant to this Agreement an annualized fee of no more than Fifty - Five Thousand Three Hundred and Ninety -Eight Dollars ($55,398.00) in twelve (12) equal monthly installments of Four Thousand Six Hundred Sixteen Dollars and Fifty Cents ($4,616.50). Yakima Physicians shall provide a monthly invoice delivered to the City in such detail as the City requires. The City shall Page 2 of 7 (Ik)agr/jail medical services 2000.pm pay each monthly installment within thirty (30) days of receipt of each monthly invoice. 5. Term of Agreement. The term of this Agreement shall commence upon execution hereof and shall continue in full force and effect until terminated by either party in accordance with Section 15 of this Agreement. 6. Independent Contractor Status of Yakima Physicians. Yakima Physicians and the City understand and expressly agree that Yakima Physicians is an independent contractor in the performance of each and every part of this Agreement. Yakima Physicians, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. Additionally, and as an independent contractor, Yakima Physicians and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between Yakima Physicians or any officer, employee or agent of Yakima Physicians and the City. 7. Taxes and Assessments. Yakima Physicians shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, Yakima Physicians shall pay the same before it becomes due. 8. Nondiscrimination Provision. During the performance of this Agreement, Yakima Physicians shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training and provision of services under this Agreement. 9. The Americans With Disabilities Act. Yakima Physicians agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations, and Washington State's anti- discrimination law as contained in RCW Chapter 49.60 and its implementing regulations. The ADA provides comprehensive civil rights to individuals with Page 3 of 7 (Ik)agr/jail medical services 2000.pm disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. 10. Compliance With Law. Yakima Physicians agrees to perform those services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 11. Indemnification and Hold Harmless. Yakima Physicians shall defend, indemnify, and hold harmless the City, its elected officials, agents, officers, and employees from and against all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from Yakima Physicians' performance or non-performance of the services, duties and obligations required of it under this Agreement. 12. Professional Liability Insurance. On or before date this Agreement is fully executed by the parties, Yakima Physicians shall provide the City with a certificate of insurance as evidence of professional liability coverage with a limit of Two Million Dollars ($2,000,000.00) for each wrongful act and an annual aggregate limit of Four Million Dollars ($4,000,000.00). The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated A -VII or higher in Best's Guide. If the policy is on a claims made basis, the retroactive date of the insurance policy shall be on or before the date of execution of this Agreement, or shall provide full prior acts. The insurance coverage shall remain in effect during the term of this Agreement and for a minimum of three (3) years following the termination of this Agreement. 13. No Insurance. It is understood the City does not maintain liability insurance for Yakima Physicians and/or its officers, employees, agents, and/or volunteers. 14. Assignment/Transfer. This Agreement, or any interest herein, shall not be assigned, subcontracted, or transferred in whole or in part by Yakima Physicians to any other person or entity without prior written consent of the City. In the event that such prior written consent to such assignment, subcontract, or transfer is granted, then the assignee, subcontractor, or transferee shall assume all duties, obligations, and liabilities of Yakima Physicians as stated herein. Page 4 of 7 (Ik)agr/jail medical services 2000.pm 15. Termination. Either party may terminate this Agreement, with or without cause, by providing written notice of termination to the other party not less than thirty (30) days prior to the effective date of such termination. 16. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of this Agreement shall remain in full force and effect. 17. Integration. This written document constitutes the entire agreement between the parties. No changes or additions to this Agreement shall be valid or binding upon any party unless such change or addition be in writing and executed by all parties. 18. Non -Waiver. The waiver by Yakima Physicians or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 19. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the parties at their addresses as follows: TO CITY: Chief of Police Police Department City of Yakima 200 South Third Street Yakima, WA 98901 TO HEALTH SERVICES: Yakima Physicians P.O. Box 8255 Yakima, WA 98908 or to such addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid or hand -delivered. Such notice shall be deemed effective when mailed or hand - delivered at the addresses specified above. 20. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 21. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. Page 5 of 7 (Ik)agr/jail medical services 2000.pm 22. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement. CITY OF YAKIMA YAKIMA PHYSICIANS By-, By: `% I Cs" ct✓ {Jr z R. A. Zais, Jr., City Manager Its: DATE: Yn b v eiv,.,.,4Q-€-r g, avc•)° DATE: w//s//cA) ATTEST: By: City Clerk Contract No. 2000-88 Resolution No. R-2000-138 Page 6 of 7 (Ik)agr/jail medical services 2000.pm STATE OF WASHINGTON ) :ss. County of Yakima I certify that I know or have satisfactory evidence that "(! ! (' t . `, cr 3 ;L;j is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that;he/she was authorized to execute the instrument and acknowledged it as the ;; of Yakima Physicians, a Washington corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: Page 7 of 7 (Ik)agr/jail medical services 2000.pm /i NOTAO+Y PUBLIC in grid for the State of Washington, residing at + +,C'< % / , ( f. My commission expires: /. )10, i.`1, /'. ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. l 0 For Meeting of II -1-` Consideration of a Resolution Authorizing the Execution of a Personal Services Agreement with Yakima Physicians for Jail Inmate Medical Services SUBMITTED BY: Don Blesio, Chief of Police Paul McMurray, Asst. City Attorney CONTACT PERSON/TELEPHONE: Chief Blesio - 575-6211 Doug Bronson - 575-6199 SUMMARY EXPLANATION: Attached is a resolution authorizing the execution of a Personal Services Agreement between the City of Yakima and Yakima Physicians, a corporation, for jail inmate medical services. Legally mandated inmate medical services were provided by Yakima Neighborhood Health until November 1, 2000, when their primary physician for inmate care, Dr. Linda Seaman, left their employment and Neighborhood Health terminated the agreement. The attached agreement with Yakima Physicians, with whom Dr. Seaman is now associated, contains no changes in services or cost from the previous contract. Dr. Seaman continues to be the primary care physician and the current jail nurse, formerly with Neighborhood Health, is now employed by Yakima Physicians. This agreement represents the continuation of a long-standing relationship which is working well. However, as an ongoing function of jail cost control, an RFP is in development for future solicitation of interest by other health care providers, and the attached agreement allows for termination by either party upon 30 days notice. The annual cost for this service is $55,398, no change from the current contract. Upon Council approval, this agreement will be retroactive to November 1, 2000. Resolution X Ordinance Contract X Other (Specify) Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: It is recommended the Council adopt the resolution authorizing execution of this agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution Adopted. RESOLUTION NO. R-2000-138