HomeMy WebLinkAboutR-2002-127 Yakima Physicians Agreement (re: jail medical services)RESOLUTION NO. R-2002- 127
A RESOLUTION authorizing the City Manager of the City of Yakima to execute a
professional services agreement for jail medical services with Yakima
Physicians in order to continue medical services for the City of Yakima
Detention Facility located at the Yakima Police/Legal Center, 200 South
Third Street, Yakima, Washington.
WHEREAS, the Yakima Police Department requires medical services for the City of
Yakima Detention Facility located at the Yakima Police/Legal Center, 200 South Third Street,
Yakima, Washington; and
WHEREAS, for a number of years the City of Yakima has contracted with Yakima
Physicians for these services; and
WHEREAS, due to the unavailability of certain types of medical malpractice insurance,
Yakima Physicians has requested several changes to the jail medical services agreement and an
increase in the medical service fees; and
WHEREAS, Yakima Physicians has the experience and expertise regarding said services,
and agrees to perform these jail medical services for the City in accordance with the terms and
conditions set forth in the attached professional services agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to
authorize execution of the attached agreement with Yakima Physicians in order to continue
medical services for the City of Yakima Detention Facility, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to execute
the attached and incorporated "Professional Services Agreement For Jail Medical Services"
with Yakima Physicians in order to continue medical services for the City of Yakima Detention
Facility located at the Yakima Police/Legal Center, 200 South Third Street, Yakima,
Washington.
ADOPTED BY THE CITY COUNCIL this 15th day of October, 2002.
ATTEST:
City Clerk
(1k)res-police fail medual services 17-9-02.pm
Mary 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 the
staffing levels or the 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 urgent care needs, 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 assistant, or advanced registered nurse
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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 Sixty
Thousand Nine Hundred Thirty Seven Dollars and Eighty Cents ($60,937.80) in
twelve (12) equal monthly installments of Five Thousand Seventy Eight Dollars
and Fifteen Cents ($5,078.15). Yakima Physicians 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.
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5. Term of Agreement. The term of this Agreement shall be retroactive to
July 1, 2002 and shall continue in full force and effect until terminated by either
party in accordance with Section 14 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. Except as otherwise provided by the terms 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
disabilities in the area of employment, public accommodations, state and local
government services, and telecommunications.
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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.
a. The City of Yakima shall defend, indemnify, and hold harmless the
Yakima Physicians, its directors, officers, employees, and agents from and
against all claims, causes of action, damages, losses, and expenses of any kind or
nature whatsoever, including but not limited to, reasonable attorney fees and
court costs, arising out of, relating to, or resulting from Yakima Physicians'
performance or non-performance of the administrative medical services, duties
and obligations required of it under this Agreement as such are described in
Section 2 of this Agreement.
b. Nothing contained in this Section or this Agreement shall be
construed to create a liability or a right of indemnification in any third party.
c. This Section of the Agreement shall survive the term or expiration
of this Agreement and shall be binding on the parties to this Agreement.
12. Professional Liability Insurance. On or before the 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 for direct
medical services provided pursuant to this Agreement 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. 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
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shall assume all duties, obligations, and liabilities of Yakima Physicians as stated
herein.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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:
TO HEALTH SERVICES:
Chief of Police
Police Department
City of Yakima
200 South Third Street
Yakima, WA 98901
Linda Seaman, M.D.
Chief Executive Officer
Yakima Physicians
8902 Tieton Drive
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.
19. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
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20. Venue. The venue for any action to enforce or interpret this Agreement
shall lie in the Superior Court of Washington for Yakima County, Washington.
21. 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
B
R. A. Zais, Jr., City Manager
DATE: C 7`ro6e r Aex .
ATTEST:
By:
City Clerk
CITY CONTRACT NU: ,f.dee�
RESOLUTION NO: Al - ai%dd 7
STATE OF WASHINGTON
County of Yakima
)
:ss.
YAKIMA PHYSICIANS
By: .,-- -
Its: tVL.01."PrI .._
DATE: / /e?s f p ----
I certify that I know or have satisfactory evidence that L,',�40, 'Seczrr,cr, 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 ei , cA - 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: /(2$-O
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("i
NOTARY PUBLTn and for the State
of Washington, residing at (� m A
My commission expires: . �,2 -0 �,
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM TITLE: Consideration of a resolution authorizing execution of a
with Yakima Physicians for inmate medical services
Facility.
SUBMITTED BY: Roy Willson, Acting Chief of Police
Paul McMurray, Asst. City Attorney
CONTACT PERSON/TELEPHONE: Captain Roy Willson - 576-6348
Lt. Rod Light - 576-6393
SUMMARY EXPLANATION:
Item No. r /3
For Meeting of October 15, 2002
professional services agreement
at the Yakima City Detention
The City of Yakima has contracted for a number of years with Yakima Physicians to provide inmate
medical services at the Yakima City Detention Facility. Yakima Physicians has requested a new
agreement to include two primary changes. First, Yakima Physicians has been providing these services
to the City for 6 years at the same annual rate of $55,398.00. Yakima Physicians requested a 10%
increase in this amount to $60,937.80.
Second, Yakima Physicians is unable to obtain medical malpractice insurance to cover "administrative
medical services." This may be due to a tightening medical malpractice insurance field. Limited
research indicates there are just two medical malpractice insurance providers in the state. Without
insurance or some type of protection, Yakima Physicians has indicated that it cannot continue to
provide inmate medical services. To address this situation, it is proposed in the new agreement that
the City indemnify Yakima Physicians for administrative medical services.
Given the long-standing relationship with Yakima Physicians and Dr. Linda Seaman, it is
recommended that City Council approve the resolution authorizing execution of the new agreement
with Yakima Physicians with the requested contractual changes.
Resolution X Ordinance Other (Specify)
Contract X Mail to (name and address):
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Approve resolution authorizing execution of the
professional services agreement with Yakima Physicians.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2002-127
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