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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.H.
For Meeting of:August 20, 2019
ITEM TITLE: Resolution authorizing a professional services contract for inmate
health care services with Kite Med Consultants, LLC
SUBMITTED BY: Matt Murray, Chief of Police
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, 2014 (City Contract No.
2014-173), and that contract expires on September 30, 2019.
The proposed inmate health care services contract is for a three-year term from October 1, 2019
through September 30, 2022, with an option to extend the contract for one additional two-year
period. The compensation under the contract for each year of the three-year period is
$107,715.00, to be paid annually in twelve monthly installments. There is no increase in this
annual compensation amount which has been charged by Kite Med Consultants since October 1 ,
2017.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Trust and Accountability
APPROVED FOR
SUBMITTAL: City Manager
STAFF RECOMMENDATION:
Adopt Resolution.
BOARD/COMMITTEE RECOMMENDATION:
2
ATTACHMENTS:
Description Upload Date Type
Rec,thition-Kiie Med Constiliauts, LLC 3'812019 Resolution
0 Con'rad -Kite Med Curls]Rants, LLC 8132019 CottAct
3
RESOLUTION NO. R-2019-
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, 2019; 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
October 1, 2019 through September 30, 2022, 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 Council authorizes the City Manager to execute the attached professional
services contract for inmate health care services with Kite Med Consultants, LLC.
ADOPTED BY THE CITY COUNCIL this 20th day of August, 2019.
Kathy Coffey, Mayor
ATTEST:
City Clerk
4
PROFESSIONAL SERVICES
CONTRACT
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;
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;
WHEREAS, 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 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 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
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.
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1.4 p
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
October 1, 2019, and continuing through September 30, 2022. 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.
Section 3. Compensation
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. 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.
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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
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 9890 1-283 0
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
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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.
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.
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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.
Section 8. Inspection: Examination of Records
8.1 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 may be 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 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.
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,judgments,
actions, claims, demands, damages, and costs and expenses, including reasonable attorneys' fees,
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which result or arise out of the sole negligent acts or omissions, if any, 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, judgments, 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,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.
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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. 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. 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 termination. Contractor
shall use its best efforts to minimize the compensation payable under this Contract in the
event of such termination.
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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.
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
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.
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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: Chief Matt Murray AND TO: Sue Ownby, Purchasing Manager
City of Yakima Police Department City of Yakima Purchasing
200 South Third Street Division
Yakima, WA 98901-2830 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 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 CONTRACTOR:
KITE MED CONSULTANTS, LLC
41w,IP
By By
Cliff Moore, City Manager Linda Seaman, MD
Date: Date:
ATTEST:
By
City Clerk
City Contract No. 2019
Resolution No. R-2019-
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STATE OF WASHINGTON)
) ss.
COUNTY OF YAKIMA )
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 ofCyc,t6+ , 2019.
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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 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 year to 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-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.
(f) 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.leg.wasgov/rcw/defaultaspx?cite-70.48.490
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(g) 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.
(h) 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).
(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 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.
(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.
(1) The Contractor will immediately notify Jail personnel of any inmate issue requiring special
attention or isolation for communicable disease.
(m)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 administer medications as
prescribed for dental infections.
(o) 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.
(p) At the request of Jail personnel provide for examinations and medical clearance for inmate
workers prior to placement on an assignment.
(q) 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
Professional Services Contract -1 2-
Between City of Yakima and
Kite Med Consultants,LLC
16
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.
(r) Confidentiality of medical records will be assured in accordance with HIPAA. The medical
and psychiatric records will be kept separate from the 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 designee when required.
Contractor will cooperate with the City regarding any court claims, upon request of City
administration.
1. Adherence to applicable informed consent regulations and standards of the local
jurisdiction must be maintained.
2. Inactive medical records will be maintained in accordance with the laws of the state of
Washington. After two years, inactive medical records will be archived by a mutually
agreed upon method.
3. If an inmate's medical record cannot be located within eight hours of the discovered loss,
the Contractor's administrator shall notify the City or its designee. A duplicate record shall
be immediately generated. Upon location of the missing record, and after a duplicate file
has been created, the two files shall be joined to form one file.
(s) Statistical Reporting. Monthly reports are required to be submitted by the Contractor to the
City as follows:
1. Number of inmates seen;
2. Number of inmates referred for medical care; and
3. Number of inmates referred for dental care.
Professional Services Contract -1 3-
Between City of Yakima and
Kite Med Consultants,LLC