HomeMy WebLinkAbout09/05/2017 06H Inmate Health Care Services Two-Year Extension and Amendment; Kite Med Consultants, LLCITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 6.H.
For Meeting of: September 5, 2017
Resolution authorizing a two-year extension and amendment to the
professional services contract for inmate health care services with
Kite Med Consultants, LLC for $107,175 annually
Dominic Rizzi, Chief of Police
Jay Seely, Police Captain
SUMMARY EXPLANATION:
This resolution authorizes approval and execution by the City Manager of a two-year extension
from October 1, 2017 to September 30, 2019 and an amendment to the current three-year
contract for inmate health care services for the City of Yakima Detention Facility with Kite Med
Consultants, LLC (Contract No. 2014-173). Dr. Linda Seaman is the CEO of Kite Med
Consultants, LLC. Prior to the current contract, the City had a contract for inmate health care
services with Yakima Physicians, of which Dr. Linda Seaman was the director.
In 2013, the City initiated a Request for Proposal (RFP No. 11322-P) for inmate health care
services, and one proposal was received. The inmate health care services contract (City
Contract No. 2014-173; Resolution No. R-2014-116) is for a three-year term, from October 1,
2014 through September 30, 2017, with an option to extend the contract for two additional one-
year periods. The compensation under the contract for each year for the three-year term has
been $86,172.25. The compensation for the two-year extension for the period from October 1,
2017 to September 30, 2019 is $107,715 annually. This amount is an increase of $21,542.75 or
a 25% increase and is required to ensure that the City is providing appropriate care for inmates.
The contract will be paid in twelve equal, monthly installments form the Yakima Police Department
budget.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
Yes
Public Safety
City Manager
STAFF RECOMMENDATION:
Adopt resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date
D rmolufion a'24t2017
D Agreement extension 7/31/2017
D original contract S'24'2017
Type
Cthcr Memo
CcriErdcl
cover Memo
2
A RESOLUTION
3
RESOLUTION NO. R -2017 -
authorizing a two-year extension and amendment to the professional
services contract for inmate health care services with Kite Med
Consultants, LLC for $107,715 annually
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 previously contracted with Yakima Physicians for inmate health care
services for a number of years, and Dr. Linda Seaman was the director of Yakima Physicians;
and
WHEREAS, in 2013, the City initiated a Request for Proposal (RFP No. 11322-P) for
inmate health care services, and the City received one proposal; and
WHEREAS, the City then entered into professional services contract for inmate health
services with Kite Med Consultants, LLC, which was for a three-year term, from October 1, 2014
through September 30, 2017, with an option to extend the contract (City Contract No. 2014-173;
Resolution No. R-2014-116); 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'Two-
Year Extension and Amendment of the Professional Services Contract for Inmate Health Care
Services" (City Contract No. 2014-173), from October 1, 2017 through September 30, 2019; and
WHEREAS, the City Council finds it to be in the best interest of the City to authorize the
City Manager to execute the two-year extension to the 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 Council authorizes the City Manager to execute the "Two -Year Extension and
Amendment of the Professional Services Contract for Inmate Health Care Services" with Kite Med
Consultants, LLC.
ADOPTED BY THE CITY COUNCIL this 5'h day of September, 2017.
Kathy Coffey, Mayor
ATTEST:
Sonya Clear Tee, City Clerk
4
Two -Year Extension and Amendment of
Professional Services Contract for
Inmate Health Care Services
This Two -Year Extension and Amendment of the existing Professional Services Contract
(City Contract No. 2014-173, adopted by City Resolution No. R-2014-116 on September 16,
2014, 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
October 1, 2014, and ending September 30, 2017; 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. 2014-173) is hereby extended
for two years through September 30, 2019, at which time said Contract shall
terminate, unless sooner terminated by either party in accordance with
Section 13 of the Contract.
2. Effective for services provided beginning on October 1, 2017, Section 3.1
entitled "Compensation" is amended to read as follows:
3.1 As full compensation for satisfactory performance of the health care
services, the City shall pay Contractor One Hundred Seven Thousand
Seven Hundred Fifteen Dollars and No Cents ($107,715.00) for each
year of the term of the Contract.
3. Section 9.1 entitled "Property and Confidential Infonuation is amended to
read as follows:
Two -Year Extension and Amendment of Professional
Services Agreement between City of Yakima
and Kite Medical Consultants, LLC — Page 1
9.1 The Contractor, its employees, subcontractors, and their employees
shall maintain the confidentiality of all information provided by the
City or acquired by the Contractor in performance of this Contract,
except upon prior written consent of the City Attorney, an order
entered by a court after having acquired jurisdiction over the City, or
in full compliance with federal and/or state law regarding release of
medical records and RCW 70.40.100(2) regarding the confidentiality
of the records of a person confined in jail. Contractor shall
immediately give to the City notice of any judicial proceeding seeking
disclosure of such information. Contractor promptly shall respond to
requests by current or former inmates for a copy of the inmate's
medical records and provide the same. Contractor shall indemnify and
hold harmless the City, its officials, agents or employees from all loss
or expense, including, but not limited to settlements, judgments,
setoffs, attorneys' fees and costs resulting from Contractor's breach of
this provision.
4. Exhibit A, Section (i) to the Professional Services Contract for Inmate
Health Care Services is amended to read as follows:
(i)
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 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.
5
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. 2014-173) shall remain in
full force and effect.
CITY OF YAKIMA CONTRACTOR:
KITE MEDICAL CONSULTANTS, LLC
By: By:
Cliff Moore
City Manager
Two -Year Extension and Amendment of Professional
Services Agreement between City of Yakima
and Kite Medical Consultants, LLC — Page 2
Date: Date:
ATTEST:
City Clerk
City Contract No. 2014-173
Resolution No. R -2017 -
Two -Year Extension and Amendment of Professional
Services Agreement between City of Yakima
and Kite Medical Consultants, LLC — Page 3
6
For City cf Y
Resolt4tio•_t: N
PROFESSIONAL SERVICES
CONTRACT
FOR INMATE HEALTH CARE
SERVICES
7
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;
WHEREAS, the City of Yakima Police Department does not have the staffing levels or
ttte specialized expertise necessary to provide said inmate health care services;
WHFREAS, Contractor agrees to provide said inmate health care services under the
terms and conditions of this Contract;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and Contractor
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 Requirements: 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.
Substitution: The Contractor shad 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.
ProfessioS Services Contract
Between City of Yakima and
Kite Med Consultants, LLC
8
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.
15 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, stall be
performed or fiunished 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
October 1, 2014, and continuing through September 30, 2017. The City reserves the right
to extend this Contract for two (2) additional one-year (1 -year) periods, 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 one-year (1 -
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; or the end of the
subsequent one-year (1 -year) period. The City's option to extend the Contract for an
additional one-year (1 -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 each of the additional one-year (1 -
year) terms, then the City Manager has the authority to sign each one-year (1 -year)
extension without the specific approval of the City Council at a City Council business
meeting.
3. Compensation
As full compensation for satisfactory performance of the health care services, the City
shall pay Contractor Eighty -Six Thousand One Hundred and Seventy -Two Dollars and
Twenty -Five Cents ($86,172.25) for each year of the three-year 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 two (2) one-year (1 -year) extensions for total of two (2)
additional years 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.
Professional Services Contract
Between City of Yakima and
Kite Med Consultants, LLC
9
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 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.
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 Dominic Rizzi
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 wntten 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 bold 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
Professional services Contract
Between City of Yakima and
Kite Med Consultants, LLC
-3-
10
responsible for payment of any statutory workers compensation or employer's liability
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,
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.
on 5. Compliance with Laws
ttractor shall comply with all applicable laws, ordinances, rules, regulations, orders,
es, permits, and other requirements, now in effect, of any governmental authority
uding, 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 a ssessments
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,
religion, national origin, creed, marital status, disability, honorably discharged
or military status, prestancy, 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
linuted 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.
Professional Services Contract
Between City of Yakima and
Kite Med Consultants, LLC
11
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 govemmeut services, and
telecommunications.
8. Inspection; Examination of Records
8.l The records relating to the services shall, at all times, be subject to inspection by and with
the approval of the City, 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 Contract, notwithstanding the City's knowledge of defective or
non complying performance, its substantiality or the ease of its discovery. Contractor
shall provide the City sufficient, safe, and proper facilities and equipment for such
inspection and free access to such facilities.
8.2 Contractor shall promptly furnish the City with such information which is related to the
services of this Contract as maybe requested by the City. Until the expiration of three
(3) years after final payment of the compensation payable under this Contract, Contractor
shall provide the City access to (and the City shall have the right to examine, audit and
copy) all of Contractor's books, documents, papers and records which are related to the
services of this Contract.
Section 9. Property and Confidential Information
9,1 The Contractor, its employees, subcontractors, and their employees shall maintain the
confidentiality of all information provided by the City or acquired by the Contractor in
performance of this Contract, except upon prior written consent of the City Attorney, an
order entered by a court after having acquired jurisdiction over the City, or in full
compliance with federal and/or state law regarding; release of medical records and
RCW 70.40.100(2) regarding the confidentiality of the records of a person confinedin
jail. Contractor shall immediately give to the City notice of any judicial proceeding
seeking disclosure of such information. Contractor shall indemnify and hold harmless
the City, its officials, agents or employees from all loss or expense, including, but not
limited to settlements, 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 agrees to defend, indemnify, and hold harmless Kite Med
Consultants, LLC, its officials, officers, employees and agents from any and all suits, jus a+ ents,
actions, claims, demands, damages, and costs and expenses, including reasonable attorney
12
out of the scale negligent acts or omissions, ifany, of the City of Yakima, its
officials, officers, employees or agents.
B. Kite Med Consultants, LLC agrees to defend, indemnify, and hold harmless the
City of Yakima, its officials, officers, employees and agents from any and all suits, judgments,
actions, claims, demands, damages, and costs and expenses, including reasonable attorneys' fees,
which result or arise out of the sole negligent acts or omissions, if any, of Kite Med Consultants,
LLC, its officials, officers, employees or agents.
C. If any suits, jud, actions, claims or demands arise out of or in connection
with the negligent acts and/or omissions of both the City of Yakima and Kite Med Consultants,
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, jus a.rents, actions, claims,
demands, damages, and costs and expenses, including reasonable attorneys' fees.
D. The terms of the section shall survive any expiration or
Contract.
E. Noth
in this Section or this Contract shall be eons
liability or a right of de tion in any third party.
Section
Provided by Ctentracto
of this
reate- a
11.I
At all times during performance of the healtb services; the Contractor shall s
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
Ismits should it deem it necessary in the best interest of the public.
1 t.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 unit of One Million Dollars ($1,000,000.00) for each wrongful act and an
annual aggregate minimum limit of Three Million Dollars ($3,000,000.00). 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 on or before the
date of execution of this Contract, 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.
e
Professional Services Contract
Between City of Yakima and
Kite Med Consultants, LLC
-6-
13
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.
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. Terinination
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.
Uponreceipt 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. Contractor shall have the same termination rights as the City in
Section 13.
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
Professional Services Contract
Between City of Yakima and
Kite Med Consultants, LLC
14
termination. Contractor shall use its best efforts to minimize the compensation payable
under this Contract in the event of such termination:
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 he deemed to have
been a termination by the City pursuant to para y .ph 13.1 and the rights of the parties
shall be determined accordingly.
Section I4. 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 assi t +tent is ted, then the assigrtee shall assume all duties, obligations, and
liabilities cif 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 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 Ins ce. 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 .:gement, covenant,: condition or
right.
14.6 Severability. If any portiort of this Contract is .changed per
portion is held invalid, the remainder of the Contract shall reins
a ement or any
oree and effect.
14.7 Integration. This Contract, along with the City of Yakima RFP 11322-P and the
Contractor's response to the Request for Proposal ("RFP"), represents the entire
understanding of the City and Contractor as to those matters contained herein. No prior
Professional Services Contract
Between City of Yakima and
Kite Med Consultants, LLC
oral or written
covered herein*
both parties.
15
tanding shall be of any force or effect with respect to tltose-matters
s Contract may not be modified or altered except in writing signed by
14.8 Notices. Unless stated otherwise herein, all notice
sent or hand delivered to the parties to their addresses
TO CITY: Chief Dominic Rizzi AND TO:
City of Yakima Police Department
200 South Third Street
Yakima, WA 98901-2830
d demands shall
lows:
ing and
Sue Ownby, Purchasing Manager
City of Yakima Purchasing
Division
129 North Second Street
Yakima, WA 98901
TO CONTRACTOR: Kite Med Consultauts,"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 band delivered at the addresses
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 accordanc
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.
Professional Services Contract
Between City of Yakima and
Kite Med Consultants, LLC
CITY OF YAKIMA
CO ACTOR;
KITE MED CONS ULTALNTS, LLC
16
City Contract No.:
Resolution No::
STATE OF WASHIN
COUNTY OF YAKIMA
TOl
SS,
I hereby certify that 1 know or have satisfactory evidence that Linda Seaman,
person who appeared before me, and said person acknowledged that she/he s
istrument, 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 ern , 2014.
ne
Professional Services Contract
Between City of Yakima and
Kite Med Consultants, LLC
e:
NOTARY PUB
Washington, residing a
My appointment expires:
-10-
(
17
E !•11BITA
TO PROFESSIONAL SERVICES CONTACT
FOR INMATE I FALT'g 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
mtnimurn guideline for a health care pro 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 Ste 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 four (4) 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 yearto whom jail personnel can contact between 0600 hours and 2300 hours 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 -calf
desirAated 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 bit not limited to a fax machine, copier,
telephone services, office supplies, translation services as available, medication cart and
medications.
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.//apps.leo.wa.2ov/rcw/default.aspx?circ-70:48.490
Contract
d
Cnnsuttants, LLC
-11-
(g} The physician or designated medical person
procedures. The physician "
medical policies and procedures. Jail medical
reviewed and updated annually.
18
develop specific medical protocols and
trauma with writing and updating jail
s,
policies and procedures will be
(h) The physician or designated medical personnel witl provide training io nonpractition+
personnel in proper medication procedures and any other medical procedures as requested
(taking vitals, 02 levels, blood ts, blood pressure, pulse).
{i} The physician will do annual 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 the jail administrator at least once annually to
discuss the progress of the inmates' health care pro m.
(j) 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.
(k) 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.
(t) The Contractor will immediately notify Jail personnel of any inmate issue requiring special
attention or isolation for communicable disease.
(w)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.
(n) Currently, dental services are only offered off site. Attending physician will refer inmates for
medically necessary dental treatment and may be required to administermedications as
prescribed for dental infections.
{o) Mental health services are provided through Central Washington Comprehensive Mental
Health ("C.W.C.M.H.") 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 C.W.C.M.H.
(p) At the request of Jail personnel provide for examinations and medical cl ce for inmate
workers prior to placement on an assist »sent.
(q) The physician or deli, ':ted 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 t:antram
Between City of Yakima' and
Kite Med Consultants, LLC
19
(r) Confidenttattty of
and psychiamedical records will be assured !n accordance with HIPAA. The medical
tric records will be kept separatefromthe custody record. Data necessary for the
classification, security, and control of inmates will be provided to the appropriate Jail'
personnel Medical records will be made available to the City or its desi ,ee when required.
Contractor will cooperate with the, City regarding any court claims, upon request of City
administration:
1. Adherence to applicable informed consent regulatio
jurisdiction must be maintained
2. Inactive medical records will be maintained in accordance
Washington. After two years, inactive medical records wit
agreed upon method.
inmate's medical record cannot be located within eight hot
ntractor's administrator shall notify the City or its destuF
be immediately generated. Upon location of the miss!
duplicate file has b
rid standards of the 1
C
1. Neen;
R
seri created, dietwofiles
ortmz. Monthly reports are required to be, submitted by the Contractor to the
e laws of the state of
chived by a mutually
the discovered Toss,
A duplicate record
record, and after a
shall be joined to form one file.
2. Number of inmates referred for medical carer and
3. Number of ltunates referred for dental care,