HomeMy WebLinkAboutR-1997-048 Medical Services for JailRESOLUTION NO. R-97
A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to
execute a personal services agreement between the City of Yakima and
Yakima Neighborhood Health Services, a nonprofit 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 Neighborhood Health Services, 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 Neighborhood Health Services 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 "Personal Services Agreement for Jail Medical Services" between the
City of Yakima and Yakima Neighborhood Health Services, a nonprofit corporation.
ADOPTED BY THE CITY COUNCIL this 1 `day of APR,6 , 1997.
ATTEST:
City Clerk
fI2,,,.i rreld „vre 2/9.
ynn Buchanan, Mayor
PERSONAL 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 Neighborhood Health Services, a nonprofit corporation,
(hereinafter "Health Services").
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, Health Services 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 Health Services as follows:
1. Authority Granted. Health Services 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
Health Services. Matters of dental judgment shall be referred to an
appropriate source in the community.
2. Health Service Duties. Health Services shall provide the following
medical and other services to the City at the jail:
a. A triage nurse(s) from Health Services shall visit the
jail five (5) days per week (Monday through Friday) to assess
inmates presenting health problems, gather necessary health
histories and records, dispense medications as allowed
under standing orders from Health Services physicians, refer
inmates for treatment of illness/injury to Health Services
physicians, and document medical services. Each visit shall
last up to four (4) hours.
b. Office visits for those inmates requiring medical
attention by a licensed physician, physician assistant, or
advanced registered nurse practitioner. Inmates shall be
assessed by a nurse or practitioner for referral to Health
Services or other outside providers for treatment.
Page 1 of 5
(1k)agr/jail mdcl srvcs 2/pm
c. A Health Services nurse or physician shall be available
three hundred and sixty-five (365) days per year to whom jail
personnel can call, speak with, and assess the urgent health
conditions of the inmates.
d. A Health Services physician(s) shall approve all
prescriptions for the inmates.
e. A Health Service physician(s) shall provide oversight of
medical activities and develop specific written
protocols/procedures, including but not limited to triage
methodology, a system for delivery of medication, and for
referral of inmates for outside treatment.
f. All necessary materials, supplies, and equipment
necessary for performance of the services required
hereunder.
g. Maintenance of complete and accurate medical records
for all jail inmates. The records shall be retained on site at
the jail, separate from confinement records. Health Services
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. Health Services shall maintain communications with
the Police Department and cooperate in the administration of
the jail health care program.
3. Certification. Health Services 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. Health
Services shall be responsible for and shall pay all corresponding and
necessary license fees/charges.
4. Consideration. The City shall pay Health Services 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). Health
Services shall provide a monthly invoice delivered to the City in such
detail as the City requires. The City shall 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
Page 2 of 5
(lk)agr/jail mdcl srvcs 2/pm
terminated by either party in accordance with Section 13 of this
Agreement.
6. Independent Contractor. Health Services and the City
understand and expressly agree that Health Services is an independent
contractor in the performance of each and every part of this Agreement.
Health Services 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.
7. Taxes and Assessments. Health Services 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, Health Services shall pay the same before it
becomes due.
8. Nondiscrimination Provision. During the performance of this
Agreement, Health Services 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.
9. Hold Harmless and Indemnification. Health Services agrees to
protect, defend, indemnify, and hold harmless the City, its elected
officials, agents, officers, employees from any and all claims, demands,
losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings
and all judgments, awards, costs and expenses (including attorneys' fees
and disbursements) resulting from Health Services' performance and/or
non-performance of this Agreement.
10. Insurance. On or before the effective date of this Agreement,
Health Services shall provide the City, proof of professional liability
insurance in the amount of One Million Dollars ($1,000,000.00), that
clearly states who the provider is, the amount of coverage, the policy
number, and when the policy and provisions provided are in effect. Said
policy shall be in effect for the duration of this Agreement. The policy
shall name the City, its officers, agents, and employees as additional
insured.
11. No Insurance. It is understood the City does not maintain liability
insurance for Health Services and/or its employees.
Page 3 of 5
(lk)a,r/jail mdcl crvcs 2/mm
12. Assignment/Transfer. This Agreement, or any interest herein,
shall not be assigned, subcontracted, or transferred in whole or in part
by Health Services 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 Health Services as stated herein.
13. 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.
14. 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.
15. 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.
16. Notices. Unless stated otherwise herein, all notices and demands
shall be in writing and sent to the parties at their addresses as follows:
TO CITY:
TO HEALTH SERVICES:
Chief of Police
Police Department
City of Yakima
200 South Third Street
Yakima, WA 98901
Chief Executive Officer
Yakima Neighborhood Health
Services
12 South 8th Street
Yakima, WA 98907
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. Such notice shall be deemed effective when mailed or
hand -delivered at the addresses specified above.
17. Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington.
18. 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 4 of 5
(1k)a¢r/Jail mac srvcs 2/Dm
19. 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 NEIGHBORHOOD
HEALTH SERVICES, A
NONPROFIT CORPORATION
By:
R. A. Zais, Jr., City Manager Its: g e
DATE: `II/ Y/9 7
ATTEST:
�-1---
By: z..� �` jt
City Clerk
STATE OF WASHINGTON )
:ss.
County of Yakima
DATE: `,ZP
I certify that I know or have satisfactory evidence that
ArAel A2'o'v®,4"I 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 e g 0 of Yakima Neighborhood Health Services, a
nonprofit corporation, to be the free and voluntary act of such party for
the uses and purposes mentioned in the instrument.
DATED: Y -1P -f 1
CITY CCINTRACT NO: 7- �/p
RESOLUTION NO: 1\- 97- Y,O
Page 5 of 5
tlk)agr/Jail mdcl ^.ruts 2/Pm
NOTARY PUBLIC in and for the
State of Washington, residing at
Y:4 -4.<64t -et '9 -
My commission expires: / if exs
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of 40/9-i
ITEM TITLE: A Resolution Authorizing a Contract between Yakima Neighborhood
Health Services and The City of Yakima to Provide Medical Services at the Yakima
City Detention Facility.
SUBMITTED BY: Don Blesio, Chief of Police
Pete Adkins, Police Captain
CONTACT PERSON/TELEPHONE: Don Blesio/575-6211, Pete Adkins/575-6294
SUMMARY EXPLANATION: The Yakima City Detention Facility is in need of medical
services for it's prisoners. Contracting for medical services with Yakima Neighborhood
Health Services will allow us to provide for adequate health care for our prisoners.
This service will reduce the cost of utilizing outside medical facilities, and protect the
City from liability. Annualized cost is $55,398.00. This contract is a renewal.
Resolution Ordinance Contract Other (Misc. Info.)
Funding Source
APPROVED FOR SUBMITIAL
1\ r
City Manager
STAFF RECOMMENDATION: It is recommended that the City Council authorize
contracting with Yakima Neighborhood Health Services to provide medical services to
the Yakima City Detention Facility.
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO—R-97-48