HomeMy WebLinkAboutR-2021-155 Resolution authorizing a professional services contract for inmate health care services with Kite Med Consultants, LLCRESOLUTION NO. R-2021-155
A RESOLUTION authorizing a professional services contract for inmate health care services
with Kite Med Consultants, LLC
WHEREAS, the City of Yakima requires professional services related to inmate health
care services for the City of Yakima Detention Facility located at the Richard A. Zais, Jr. Center
for Law and Justice, 200 South Third Street, Yakima, Washington; and
WHEREAS, the City has contracted with Kite Med Consultants, LLC for inmate health
care services since October 1, 2014 (City Contract No 2014-173); and
WHEREAS, the City's current contract with Kite Med Consultants, LLC, for inmate health
care services expires on September 30, 2022; and
WHEREAS, due to the COVID-19 pandemic and changes in procedures, the City needs
additional hours of service and language to address inmate health care; and
WHEREAS, Dr Linda Seaman is the CEO of Kite Med Consultants, LLC, and Kite Med
Consultants, LLC represents that it has the expertise necessary and is willing to perform the
professional services required by the City in accordance with the terms and conditions of the
Contract; and
WHEREAS, the City of Yakima and Kite Med Consultants, LLC desire to enter into a
Professional Services Contract for inmate health care services for a three-year term, from
November 1, 2021 through October 31, 2024, with an option to extend the Contract for one
additional two-year period; and
WHEREAS, the City Council finds it to be in the best interest of the City to authorize the
City Manager to execute a Professional Services Contract for inmate health care services with
Kite Med Consultants, LLC, now, therefore;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the attached professional services
contract for inmate health care services with Kite Med Consultants, LLC
ADOPTED BY THE CITY COUNCIL this 16th day of November, 2021.
ATTEST:
e, City Clerk
PROFESSIONAL SERVICES CONTRACT
BETWEEN CITY OF YAKIMA
AND
KITE MED CONSULTANTS, LLC
FOR
INMATE HEALTH CARE SERVICES
THIS PROFESSIONAL SERVICES CONTRACT is made and entered into by and
between the City of Yakima, a Washington municipal corporation (hereafter the "City"), and Kite
Med Consultants, LLC, a Washington corporation (hereafter the "Contractor").
WHEREAS, the City of Yakima requires inmate health care services (hereafter the "health
care services" or the "services") for the City of Yakima Detention Facility (hereafter the "Jail")
located at the Yakima Police Department/Legal Center, 200 South Third Street, Yakima,
Washington, and
WHEREAS, the City of Yakima Police Department does not have the staffing levels or the
specialized expertise necessary to provide said inmate health care services, and
WHEREAS, Contractor agrees to provide said inmate health care services under the
terms and conditions of this Contract, and
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and Contractor as follows:
Section 1. Scope of Work
1.1 The minimum services that the Contractor will provide include providing health care
services for the inmates at the City of Yakima Detention Facility ("Jail"). Contractor shall
provide the minimum health care services and staff described in the text of the
Professional Services Contract, including the services described in Exhibit "A," which is
incorporated herein by this reference. The services are included within the base fee. The
Professional Services Contract and Exhibit "A" are referred to herein as the "Contract."
The Contract specifies the working relationship between the City and the Contractor, and
specific obligations of both parties.
1.2 Administrative Re • uirements: The Contractor shall have the responsibility to provide a
singular designated physician (Medical Director) with responsibility for assuring the
appropriateness and adequacy of inmate health care services and supervisor oversight of
all Contract staff.
1.3 Substitution: The Contractor shall not substitute or deviate from said specifications of this
Contract without a written agreement amendment, signed by the City Manager, or
pursuant to Section 12 below entitled "Changes". Any violation of this procedure by the
Contractor will be considered cause for immediate cancellation of the Contract for cause
by the City.
Professional Services Contract
Between City of Yakima and
Kite Med Consultants, LLC
1.4 Except as otherwise specifically provided in this Contract, Contractor shall furnish the
following, all as the same may be required to perform the services described in
paragraph 1.1 in accordance with this Contract: personnel, labor and supervision; and
technical, professional and other services. All such services, property and other items
furnished or required to be furnished, together with all other obligations performed or
required to be performed, by Contractor under this Contract are sometime collectively
referred to in this Contract as the "health care services."
1.5 All provisions of this Contract are intended to be complementary, and any health care
services required by one and not mentioned in another shall be performed to the same
extent as though required by all. Details of the health care services that are not necessary
to carry out the intent of this Contract, but that are not expressly required, shall be
performed or furnished by Contractor as part of the health care services, without any
increase in the compensation otherwise payable under this Contract.
Section 2. Period of Performance
2.1 The period of performance under this Contract will be three (3) years, commencing on
November 1, 2021, and continuing through October 31, 2024. The City reserves the right
to extend this Contract for one (1) additional two-year (2-year) period, providing, however,
that the total contract period of performance shall not exceed a total of five (5) years. In
the event the City elects to extend the Contract for an additional two-year (2-year) term,
the City shall provide written notice to the Contractor at least ninety (90) days prior to the
end of the initial three-year (3-year) Contract period. The City's option to extend the
Contract for an additional two-year (2-year) term is subject to a successful yearly review
of the services provided by the Contractor and a successful price agreement as budget
allows, and the extension is further subject to approval by the City Council at a City Council
business meeting if the compensation is more than the last year of the three-year contract.
If the annual compensation remains the same or less for the additional two-year (2-year)
term, then the City Manager has the authority to sign the two-year (2-year) extension
without the specific approval of the City Council at a City Council business meeting.
2.2 This Contract replaces the previous contract between the parties for inmate health care
services executed in 2019 (City Contract No 2019-133). The parties acknowledge and
agree that upon execution of this Contract, the previous Contract is terminated.
Section 3. Cor
pensation
3.1 As full compensation for satisfactory performance of the health care services, the City
shall pay Contractor One Hundred Fifty Seven Thousand Three Hundred Fifteen Dollars
and No Cents ($157,315.00) for each year of the term of the Contract. At the end of this
three-year term, the parties may extend this Contract under terms and conditions then
agreed. The three-year term of the Contract is subject to an option to extend the Contract
for one (1) two-year (2-year) extension if the City and Contractor can reach a mutually
satisfactory agreement on the value of the services for the additional two-year (2-year)
period and as provided in Section 2.1 above.
3.2 Each annual fee shall be paid by the City to Contractor in twelve installments. The monthly
invoices will be submitted by Contractor to the City of Yakima on or about the first week
Professional Services Contract
Between City of Yakima and
Kite Med Consultants, LLC
of the month immediately following the month the services are provided. The first invoice
for the first year of the Contract will be submitted on or about the first week of the month
immediately following the month the services are provided.
3.3 The City of Yakima will use its best efforts to pay each of Contractor's invoices within thirty
(30) days after the City's receipt and verification thereof; provided, however, that all such
payments are expressly conditioned upon Contractor providing health care services
hereunder that are satisfactory to the City. The Yakima Police Department of the City will
notify the Contractor promptly if any problems are noted with the invoice.
Contractor will mail invoices to the City of Yakima at the following address:
Yakima Police Department
Attention: Chief of Police
200 South Third Street
Yakima, WA 98901-2830
3.4 Any additional service(s) provided by the Contractor which are to be paid by the City must
have prior written approval of the City.
Section 4. Performance by Contractor
4.1 Delegation of Professional Services. The services provided for herein shall be performed
by Contractor, and no person other than regular associates or employees of Contractor
shall be engaged on such work or services. Contractor shall not (by contract, operation
of law or otherwise) delegate or subcontract performance of any health care services to
any other person or entity without the prior written consent of the City. Any such delegation
or subcontracting without the City's prior written consent shall be voidable at the City's
option.
No delegation of subcontracting of performance of any of the services, with or without the
City's prior written consent, shall relieve Contractor of its responsibility to perform the
services in accordance with this Contract. Contractor shall be fully responsible for the
performance, acts and omissions of Contractor's employees, Contractor's subcontractors,
and any other person who performs or furnishes any services (collectively, the "Support").
4.2 Contractor shall at all times be an independent contractor and not an agent or
representative of the City with regard to performance of the services. Contractor shall not
represent that it is, nor hold itself out as, an agent or representative of the City. In no
event shall Contractor be authorized to enter into any agreement or undertaking for or on
behalf of the City. Neither the Contractor nor any employee of the Contractor is entitled
to any benefits that the City of Yakima provides its employees. The Contractor is solely
responsible for payment of any statutory workers compensation or employer's liability
insurance as required by state law. The Contractor will have an active account with the
Department of Revenue, other state agencies as needed, and a separate set of books or
records that reflect all items of income and expenses of the business that the Contractor
is conducting.
Professional Services Contract
Between City of Yakima and
Kite Med Consultants, LLC
4.3 Contractor shall perform the health care services in a timely manner and in accordance
with the standards of the profession. At the time of performance, Contractor shall be
properly licensed, equipped, organized, and financed to perform the services in
accordance with this Contract. Subject to compliance with the requirements of this
Contract, Contractor shall perform the services in accordance with its own methods.
4.4 Contractor shall take all reasonable precautions to protect against any bodily injury
(including death) or property damage that may occur in connection with the services.
Section 5. Compliance with Laws
5.1 Contractor shall comply with all applicable laws, ordinances, rules, regulations, orders,
licenses, permits, and other requirements, now in effect, of any governmental authority
(including, but not limited to, such requirements as may be imposed upon the City and
applicable to the services). Contractor shall furnish such documents as may be required
to effect or evidence such compliance. All laws, ordinances, rules and orders required to
be incorporated in agreements of this character are incorporated in this Contract by this
reference.
Section 6. Taxes and Assessments
6.1 Contractor shall be solely responsible for and shall pay all taxes, deductions, and
assessments, including but not limited to federal income tax, FICA, social security tax,
assessments for unemployment and industrial injury insurance, and other deductions from
income which may be required by law or assessed against either party as a result of this
Contract. In the event the City is assessed a tax or assessment as a result of this Contract,
Contractor shall pay the same before it becomes due.
Section 7. Nondiscrimination Provision
7.1 During the performance of this Contract, Contractor shall not discriminate in violation of
any applicable federal, state and/or local law or regulation on the basis of race, age, color,
sex, religion, national origin, creed, marital status, disability, honorably discharged veteran
or military status, pregnancy, sexual orientation, political affiliation, or the presence of any
sensory, mental or physical handicap, and any other classification protected under federal,
state, or local law. 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, selection for training, and the provision of
services under this Contract.
7.2 With regard to the health care services to be performed pursuant to this Contract,
Contractor 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 disabilities in the area of
employment, public accommodations, state and local government services, and
telecommunications.
Professional Services Contract
Between City of Yakima and
Kite Med Consultants, LLC
Section 8. Inspection: Examination of Records
8.1 The records relating to the services shall, atall times, basubject toinspection byand with
the approval of the Citv, but the making of (or failure or delay in making) such inspection
or approval shall not relieve Contractor of responsibility for performance of the services in
accordance with this Contraot, notwithstanding the Cib/'e knowledge of defective or non-
complying perforrnonca, its substantiality or the ease of its discovery. Contractor shall
provide the City ouff|ciant, oafe, and proper facilities and equipment for such inspection
and free access tosuch facilities.
8.2 Contractor ohoU pnonnnUv furnish the City with such information which is related to the
services ofthis Contract aamay berequested bythe City. Until the expiration ofthree C8
years after final payment of the compensation payable under this Cmntnacf. Contractor
shall provide the City access to (and the City shall have the right to enannine, audit and
copy) all of Contractor's booke, dmounnenta, papers and records which are related tothe
services ofthis Contract.
Section 9. Property and Confidential Information
9.1 The Cortractor, its employees, aubcontraotorn, and their employees ehoU maintain the
confidentiality of all information provided by the City or acquired by the Contractor in
performance of this CVntnact, except upon prior written consent of the City Atorney, on
order entered by a court after having acquired jurisdiction over the City, or in full
compliance with federal and/or state |avv regarding release of nned|oa| records and
RCVV70.4O.1OO(2) regarding the confidentiality ofthe records ofa person confined in jail.
Contractor ohm|| immediately give to the City notice of any judicial proceeding seeking
disclosure ofsuch information. Contractor promptly shall respond torequests bycurrent
or former inmates for a copy of the innnmtm'e nnadiom| records and provide the same.
Contractor aho|| indemnify and hold harnn|mee the City, its officia/o, agents or employees
from all |000 or expense, inc|uding, but not limited to settienoanto, judgments, setoffs,
attorneys' fees and costs resulting from Contractor's breach of this provision.
Section 10. Indemnification and Hold Harmless
A. The City of Yakima aQraao to defend, indemnify, and hold harmless Kite Mad
Consultants, LUC' its ufficia|o, offimana, employees and agents from any and all euite, judgments,
oot|ons, dainna, dennande, dmnnagea, and costs and expenses, including reasonable attorneys'
fees, which result or arise out of the sole negligent acts or omissions, if any, of the City of Yakima,
its offioio|e, officeno, employees or agents.
B. Kite Med Consultants, LLC agrees to defmnd, indennnif«, and hold harmless the
City of Yohinoa, its offioio|o, mffioene, employees and agents from any and all ouito, judgments,
oct|ono, o|ainno, dennande, danmagae, and costs and expenses, including reasonable attorneys'
feea, which namu|t or arise out of the eo|a negligent acts or onnioaione, if any. of Kite K8ad
Consultants, LLC, its offioia|a, offioano, employees or agents.
C. If any ouito, judgments, aoUons, o|oinns or demands arise out ofnrin connection
with the negligent acts and/or omissions of both the City of Yakima and Kite Med Consultants,
Professional Services Contract
Between City ofYakima and
K|ha K8ed Consultants, LLC
LLC or their officials, officers, employees or agents pursuant to this Contract, each party shall be
liable for its proportionate share of negligence for any resulting suits, judgments, actions, claims,
demands, damages, and costs and expenses, including reasonable attorneys' fees.
D. The terms of the section shall survive any expiration or termination of this Contract,
E. Nothing contained in this Section or this Contract shall be construed to create a
liability or a right of indemnification in any third party.
Section 11. Insurance Provided by Contractor
11.1 At all times during performance of the health care services, the Contractor shall secure
and maintain in effect insurance to protect the City and the Contractor from and against
all claims, damages, losses, and expenses arising out of or resulting from the performance
of this Contract. Contractor shall provide and maintain in force insurance in limits no less
than that stated below, as applicable. The City reserves the right to require higher limits
should it deem it necessary in the best interest of the public.
11.2 Professional Liability Insurance. At all times during the performance of the services in this
Contract, the Contractor shall provide the City of Yakima with a certificate of insurance as
evidence of professional liability coverage, showing Kite Med Consultants, LLC as a
named insured, covering services provided pursuant to this Contract with a minimum limit
of Two Million Dollars ($2,000,000.00) for each wrongful act and an annual aggregate
minimum limit of Six Million Dollars ($6,000,000.00). This 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 no later than July 1, 2014, or shall provide full prior
acts. The insurance coverage shall remain in effect during the term of this Contract and
for a minimum of three (3) years following the termination of this Contract.
Section 12. Changes
12.1 The City may, at any time by written notice thereof to Contractor, make changes in the
health care services within the general scope of this Contract (including, but not limited to,
additions to or deletions from any services, suspension of performance and changes and
location of performance).
12.2 If any change under paragraph 12.1 causes a significant increase or decrease in the cost
of the time required for performance of the health care services, an equitable adjustment
in the compensation and schedules under this Contract shall be negotiated to reflect such
increase or decrease, and this Contract shall be modified in writing accordingly. Such
equitable adjustment shall constitute full compensation to Contractor for such change. If
any change under paragraph 12.1 results in a decrease in the services to be performed,
Contractor shall not be entitled to anticipated profit on services not performed and the loss
of anticipated profit shall not reduce the decrease in compensation under this Contract
resulting from such exchange. Further, Contractor shall not be entitled to any reallocation
of cost, profit or overhead.
Professional Services Contract
Between City of Yakima and
Kite Med Consultants, LLC
12.3 Notwithstanding any dispute or delay in arriving at a mutually acceptable equitable
adjustment under paragraph 12.2, Contractor shall immediately proceed with performance
of the services as changed pursuant to paragraph 12.1. If Contractor intends to assert a
claim for equitable adjustment under paragraph 12.2, Contractor must, within sixty (60)
days after Contractor's receipt of any notice under paragraph 12.1 that does not set forth
an acceptable adjustment, submit to the City a written statement of the basis and nature
of the adjustment claimed. Contractor shall not be entitled to any adjustment unless such
written statement is submitted by Contractor to the City within the applicable period.
Section 13. Termination
13.1 The City may, by giving the Contractor thirty (30) calendar days written notice of
termination, terminate this Contract as to all or any portion of the services not then
performed, whether or not Contractor is in breach or default, and with or without cause.
Upon receipt of any such notice of termination, Contractor shall, except as otherwise
directed by the City, immediately stop performance of the services to the extent specified
in such notice.
13.2 In the event of termination pursuant to paragraph 13.1, an equitable adjustment shall be
made in the compensation payable to Contractor under this Contract, provided that such
compensation as so adjusted shall in no event exceed a percentage of the total
compensation otherwise payable under this Contract equal to the percentage of the
services satisfactorily completed at the time of termination. Further, Contractor shall not
be entitled to any reallocation of cost, profit or overhead. Contractor shall not in any event
be entitled to anticipated profit on services not performed on account of such termination.
Contractor shall use its best efforts to minimize the compensation payable under this
Contract in the event of such termination.
13.3 If the City purports to terminate or cancel all or any part of this Contract for Contractor's
breach or default when Contractor is not in breach or default which would permit such
termination or cancellation, such termination or cancellation shall be deemed to have been
a termination by the City pursuant to paragraph 13.1 and the rights of the parties shall be
determined accordingly.
13.4 The Contractor may, by giving the City ninety (90) calendar days written notice of
termination, terminate this Contract as to all or any portion of the services not then
performed.
Section 14. Miscellaneous
14.1 Assignment. This Contract, or any interest herein, or claim hereunder, shall not be
assigned or transferred in whole or in part by Contractor to any other person or entity
without the prior written consent of the City. In the event that such prior written consent
to an assignment is granted, then the assignee shall assume all duties, obligations, and
liabilities of Contractor stated herein.
14.2 No Conflict of Interest. Contractor represents that it or its employees do not have any
interest and shall not hereafter acquire any interest, direct or indirect, which would conflict
in any manner or degree with the performance of this Contract. Contractor further
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covenants that it will not hire anyone or any entity having such a conflict of interest during
the performance of this Contract.
14.3 No Insurance. It is understood that the City does not maintain liability insurance for
Contractor and/or its employees.
14.4 Facility Security. The City may prohibit entry to any secure facility, or remove from the
facility, a Contract employee who does not perform his/her duties in a professional
manner, or who violates the Jail's security rules and procedures. The City reserves the
right to search any person, property, or article entering its facilities.
14.5 Waiver of Breach. A waiver by either party hereto of a breach of the other party hereto of
any covenant or condition of this Contract shall not impair the right of the party not in
default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either
party to insist upon strict performance of any agreement, covenant or condition of this
Contract, or to exercise any right herein given in any one or more instances, shall not be
construed as a waiver or relinquishment of any such agreement, covenant, condition or
right.
14.6 Severability. If any portion of this Contract is changed per mutual agreement or any
portion is held invalid, the remainder of the Contract shall remain in full force and effect.
14.7 Integration. This Contract represents the entire understanding of the City and Contractor
as to those matters contained herein. No prior oral or written understanding shall be of
any force or effect with respect to those matters covered herein. This Contract may not
be modified or altered except in writing signed by both parties.
14.8 Notices. Unless stated otherwise herein, all notices and demands shall be in writing and
sent or hand delivered to the parties to their addresses as follows:
TO CITY:
AND TO:
Chief Matt Murray
Yakima Police Department
200 South third Street
Yakima, WA 98901-2830
Maria Mayhue, Purchasing
Manager City of Yakima
Purchasing Division
129 North Second Street
Yakima, WA 98901
TO CONTRACTOR: Kite Med Consultants, LLC
Attention: Linda Seaman, MD
P. O. Box 8255
Yakima, WA 98908-0255
or to such other 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 notices shall be deemed effective when hand delivered at the addresses
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specified above, or three (3) days after the date of mailing to the addresses specified
above.
14.9 Governing Law. This Contract shall be governed by and construed in accordance with the
laws of the State of Washington.
14.10 Venue. The venue for any action to enforce or interpret this Contract shall lie in the
Superior Court of Washington for Yakima County, Washington.
CITY OF YAKIMA
Robert Harrison, City Manager
y Clerk
City Contract No. 2021 l P1-1
Resolution No. R-2021-I 5,
STATE OF WASHINGTON )
) ss.
COUNTY OF YAKIMA )
CONTRACTOR:
KITE MED CONSULTANTS, LLC
By
Linda Seeman, MD
Date:
/1'y- ZOZ!
I hereby certify that I know or have satisfactory evidence that Linda Seaman, MD, is the
person who appeared before me, and said person acknowledged that she/he signed this
instrument, and on oath stated that she/he was authorized to execute the instrument and
acknowledged it as the CEO of Kite Med Consultants, LLC to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
DATED this day of , 2021.
Professional Services Contract
Between City of Yakima and
Kite Med Consultants, LLC
Print Name:
NOTARY PUBLIC in and for the State of
Washington, residing at
My appointment expires:,
r9-
EXHIBIT A
TO PROFESSIONAL SERVICES CONTACT
FOR INMATE HEALTH CARE SERVICES
All services referred to in this Contract will be provided by the Contractor. In addition to the
services in Section 1 of the Contract, services included within the base fee shall include the
following services listed below. This listing is not intended to be all-inclusive, but to serve as a
minimum guideline for a health care program and medical services for the inmate population in
the City of Yakima Detention Facility (Yakima City Jail). This includes:
(a) The Contractor will provide adequate medical care to all inmates in the Yakima City Jail
guaranteed under the 8th and 14th Amendments of the U.S. Constitution, Washington State
Law and City of Yakima Detention Facility Policies.
(b) The Contractor will provide a nurse(s) who will visit the Jail five (5) days per week (Monday
through Friday) for up to six (6) hours each day and visit on Saturday and Sunday on an "as
needed" basis to assess inmates presenting health problems, gather necessary health
histories and records, dispense medications, refer inmates for appropriate treatment of
illness/injury per discussion with Jail staff, document medical services, and maintain inmate's
medical records. The nurse or physician will keep the jail staff informed of the planned
scheduled hours of operation and of any changes.
(c) The Contractor will provide a nurse or physician available three hundred and sixty-five (365)
days per year to whom jail personnel can contact 24/7 to assess the urgent health questions
of the inmates. The physician and/or medical personnel will provide the Yakima City Jail with
a list of contact information for the primary on -call designated person, as well as have a
secondary person who can be called if the primary person is not reachable. The physician
and medical personnel will maintain updated contact information at all times and will inform
the jail staff of any changes.
(d) The Contractor will provide all necessary materials, supplies, and equipment necessary for
performance of the services required hereunder. The City agrees to provide the Contractor
with office space or facilities, utilities, and office equipment reasonably sufficient to enable the
Contractor to perform its obligations, including but not limited to a fax machine, copier,
telephone services, office supplies, translation services as available, medication cart and
medications.
(e) The Contractor will arrange for 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 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.
The Contractor will provide a physician to approve all prescriptions for the inmates. The
delivery and administration of medications and medication assistance by nonpractitioner jail
personnel shall be handled per conditions as set forth in RCW 70.48.490. The RCW may be
viewed at: http://apes.leq.wa.gov/rcw/default.aspx?cite-70.48.490
The Contractor will record the administration of medications in a manner and on a form
approved by the City to include documentation of the fact that inmates are receiving and
ingesting their prescribed medications. Documentation will also be required when an inmate's
ordered medication was not administered and the reason given.
(f)
(g)
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(p)
(q)
(h) The physician or designated medical person will develop specific medical protocols and
procedures. The physician will assist jail administration with writing and updating jail medical
policies and procedures. Jail medical protocols, policies and procedures will be reviewed and
updated annually.
(i) The physician or designated medical personnel will provide training to nonpractitioner jail
personnel in proper medication procedures and any other medical procedures as requested
(taking vitals, 02 levels, blood sugar tests, blood pressure, pulse, etc.).
(j) The physician will do quarterly in person reviews of the City Jail's medical program. The
physician will inspect the medical area(s), medication storage and office area. The physician
will review the health care program, policies and procedures and will address any deficiencies.
The physician will meet with a Correctional Sergeant who works at the City of Yakima
Detention Facility at least quarterly to discuss the inmates' health care program. The
physician also will meet with the jail administrator at least once annually to discuss the
progress of the inmates' health care program. If an unexpected or urgent issue arises, the
physician and jail administrator will meet to discuss and resolve the issue as soon as possible.
(k) The physician and all medical personnel will attend and participate in an orientation/training
session that will cover the facility's safety and security rules and regulations prior to work
commencing.
(I) The contract provider for medical services shall, in times of emergency or threat thereof,
whether accidental, natural, or caused by man, provide medical assistance to the City.
(m) The Contractor will work with the Jail Administrator to implement a plan to address sudden
pandemics or infectious disease outbreaks within the City Jail.
(n) The Contractor will immediately notify Jail personnel of any inmate issue requiring special
attention or isolation for communicable disease.
(o) Currently, dental services are only offered off site. Attending physician will refer inmates for
medically necessary dental treatment and may be required to administer medications as
prescribed for dental infections.
The Contractor will work with the Jail Administrator to implement new medical treatments and
programs, and state medical mandates, upon the City's request.
Mental health services are provided through Comprehensive Healthcare; however, the
Contractor is required to provide mental health support as follows:
1. Administering psychotropic medications as prescribed.
2. Maintenance of inmates' medical charts to include mental health information.
3. Communicate and cooperate with Comprehensive Healthcare.
(r) At the request of Jail personnel provide for examinations and medical clearance for inmate
workers prior to placement on an assignment.
(s) The physician or designated medical personnel will maintain complete and accurate medical
records for all jail inmates. The records shall be retained on site, separate from confinement
records. The Contractor 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.
Professional Services Contract
Between City of Yakima and
Kite Med Consultants, LLC
-11-
AU Confidentiality ofmedical records will be assured in accordance with H|P/\A. The medical
and psychiatric records will bekept separate from the custody record. Data necessary for the
daaoifioadimn, oeouhty, and control of inmates will be provided to the appropriate Jail
personnel. Medical records will bomade available tothe City orits designee when required.
Contractor will cooperate with the City regarding any court o|ainno, upon request of City
administration.
1. Adherence to applicable informed consent regulations and standards of the local
jurisdiction must be maintained.
2. Inmate Health Records shall beretained and destroyed according tothe Washington State
Archives Records Retention Schedule.
3. Inactive medical naoonde will be maintained in accordance with the |mvve of the state of
Washington. Ater two yearo, inactive medical records will be archived by m mutually
agreed upon method.
4. If an innnaUa's nnedio8| record cannot be located within eight hours of the diaoowanad loss,
the Contractor's administrator shall notify the City or its designee. Adup|icate naoond shall
beimmediately generated. Upon location ofthe missing record, and after aduplicate file
has been created, the two files shall bajoined toform one file.
(u) Statistical Reportin.q. Monthly reports are required to be submitted by the Contractor to the
City as follows:
1. Number ofinmates seen;
2. Number ofinmates referred for medical omno; and
3. Number ofinmates referred for dental care.
Professional Services Contract
Between City ofYakima and
Kite MedConsultants, LLC
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 4.0.
For Meeting of: November 16, 2021
Resolution authorizing a professional services contract for inmate
health care services with Kite Med Consultants, LLC
Matt Murray, Chief of Police
Maritza Davis, Corrections Commander
SUMMARY EXPLANATION:
This resolution authorizes approval and execution of a contract for inmate health care services for
the City of Yakima Detention Facility with Kite Med Consultants, LLC. Dr. Linda Seaman is the
CEO of Kite Med Consultants, LLC. The City has had a professional services contract for
inmate health care services with Kite Med Consultants since October 1, 2019 (City Contract No.
2019-078), and that contract expires on September 30, 2022.
Due to the COVI D-19 pandemic and changes in procedures, the City needs additional hours of
service and language to address inmate health care. The proposed inmate health care services
contract is for a three-year term from November 1, 2021 through October 31, 2024, with an
option to extend the contract for one additional two-year period. There will be an increase in
compensation of $49,600. The compensation under the contract for each year of the three-year
period is $157,315, to be paid annually in twelve installments. There hasn't been an increase in
compensation since October 1, 2017.
ITEM BUDGETED: No
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt resolution.
ATTACHMENTS:
Description
❑ Resolution
0 Contact
Upload Date
11/1/2021
11/1/2021
Type
Resolution
Contract
Two-Year Extension and Amendment of
Professional Services Contract for Inmate
Health Care Services
This Two-Year Extension of the existing Professional Services Contract (City Contract No. 2021-184,
adopted by City Resolution No. R-2021-155 on November 16, 2021, hereafter"Contract")with Kite Med Consultants,
LLC, a Washington corporation (hereafter"Contractor") is made and entered into by and between the City of Yakima
(hereafter the"City")and Contractor.
Whereas, the City of Yakima requires inmate health care services (hereafter the "health care services" or
the "services") for the City of Yakima Detention Facility (hereafter the "Jail") located at the Yakima Police
Department/Legal Center, 200 South Third Street,Yakima,Washington; and
Whereas, the City of Yakima Police Department does not have the staffing levels or the specialized
expertise necessary to provide said inmate health care services; and
Whereas, Contractor agrees to provide said inmate health care services under the terms and conditions of
this Contract; and
Whereas, the original term of said Contract was for a three-year period beginning November 1 , 2021, and
ending October 31, 2024; and
Now, therefore, the City and Contractor agree to the following two-year extension of the existing Contract,
under the conditions set forth:
1. The term of the Contract (City Contract No. 2021-184) is hereby extended for two years
through October 31, 2026, at which time said Contract shall terminate, unless sooner
terminated by either party in accordance with Section 13 of the Contract.
2. There will be no change in compensation as found in Section 3.1 entitled "Compensation",
as follows:
3.1 As full compensation for satisfactory performance of the health care services, the City
shall pay Contractor One Hundred Fifty-Seven Thousand Three Hundred Fifteen Dollars
and No Cents($157,315.00)for each year of the term of the Contract.
Except as expressly modified herein, all other terms and conditions of the Professional Services Contract between
the City of Yakima and Contract (City Contract No. 2021-184) shall remain in full force and effect.
CITY OF YAKIMA CITY CONTRACT NO: tI��!II�/11C��Mf„ KIT :"'�DICAL CONSULTANTS, LLC
RESOLUTION NO' Q-�.il—kJ ,I� f v'1�'1'r� �✓✓"�
41 - , By:
City Manager
Date: Aug 6,2024 Date: July 24,2024
Linda Seaman, MD
Attest: (Print name)
City Clerk
Two-Year Extension of Professional Services Agreement between
City of Yakima and Kite Medical Consultants, LLC- Page 1 of 1
Signed R-2021 -155 Inmate Health Care
Services Two-Year Extension copy 2
Final Audit Report 2024-08-07
Created: 2024-07-25
By: Tory Adams(tory.adams@yakimawa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAdjNgw9CYWoYhjehkGuE2KmMt46Gp1Uyz
"Signed R-2021 -155 Inmate Health Care Services Two-Year Ext
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