Loading...
HomeMy WebLinkAbout2912 . , . 1 RESOLUTION NO. 2 9 1 2 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN; 3 WASHING.TON; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH FA ENTERPRISES HEALTH CARE 4 DELIVERY SYSTEMS FOR THE PROVISION OF MEDICAL AND DENTAL HEALTH CARE TO THOSE PERSONS IN THE CITY OF AUBURN DETENTION 5 FACILITY. ' 6 7 " WHSREAS, the City of Auburn maintains a detention 8 facility; and g WHEREAS, the City provides certain levels of inedical and 10 ; dental health care to those persons in the City's detention 11 facility; and 12 WHEREAS, the City now hires a retired nurse practitioner 13 14 for medical screen'ing at the detention facility once per week; 15 and 16 WHgREAS, any emergency or required routine medical 17 treatment may result in visitation to Auburn Regional Medical 18 Center or outside clinics; and 19 WHEREAS, the medical costs associated with emergency 20 level care for routine treatment is high; and 21 y,HggEp,g, the city purchases prescription medication for 22 prescription dispensing at the jail; 23 TaHEREAS, certain dispensing requirements must be followed 24 and records maintained; and 25 26 Resolution No. 2912 March 11, 1998 Page 1 . , ~ e 1 WHEREAS, there are professional jail medical service 2 contract agencies available that will screen medi.cal 3 complaints 24 hours a day; and . 4 WHEREAS, professional jail medical service agencies are 5 authorized to prescribe medications; and . 6 WHEREAS, professional jail medical service agencies ean 7 8` monitor medical necessity for outside emergent eare; and 9 WHEREAS, professional jail medical service agencies can 10, obtain prescriptions at a reduced rate for the City pursuant 11 to legal requirements; and 12 WHEREAS, professional jail medical service 'agencies 13 control costs by recouping costs of undispensed medication and 14 service co-pays; and 15 WHEREAS, professional jail. medical service agencies 16 provide medical policies and procedures that are consistent 17 with state, federal and local law, and standards for 18 licensing, registration and certification; and 19 WHEREAS, professional jail medical service agencies carry 20 21 their own malpractice insurance; and 22 WHEREAS, professional jail medical service agencies are 23 responsible for full screening, to include the need for dental 24 treatment. 25 26 Resolution No. 2912 March 11, 1998 Page 2 . , ' . ~ - 1 NOW, THEREFORE THE CITY.COUNGIL OF THE CITY OF AUBURN, . 2 WASHINGTON, DO ORDAIN AS FOLLOWS: 3 Sectioa l: The Mayor and City Clerk of the City of , 4 _ Auburn are hereby authorized to execute a Professional 5 Services Contract with FA ENTERPRISES HEALTH CARE DELI'V'ERY 6 SYSTEMS to provide jail medical service for the provision of 7 24-hour triage, consultations by a Registered Nurse or 8 . Advanced registered Nurse Practitioner, for. the provision of 9 medical equipment for sick call, contracts for pharmaceutical 10 services, billing to inmates for medical services and the 11 maintenance of inedical records. A copy of said Agreement is 12 attached hereto.as Exhibit "1" and incorporated herein by this 13 reference... 14 Section 2. The Mayor is hereby authorized to implement 15 16 such administrative procedures as may be necessary to carry 17 out the directives of this legislation. ig DATED and SIGNED this ~ day of 1998. 19 20 "CITY OF AUBURN 21 22 23 CHARLES A. BOOTH , 24 MAYOR 25 26 , Resolution No. 2912 March 11, 1998 Page 3 . , 1 2 ATTEST: 3 4 ~~GGt,~fiJ ~ 5 Da;ielle E. Daskam, City Clerk - 6 7 8 APPROVED AS TO FORM: 9 10 / 11 Michael J. Reynolds, 12 City Attorney 13 14 , .15 16 17 . 18 ~ 19 20 21 22 _ 23 24 25 26 Resolution No. 2912 March 11, 1998 Page 4 • f PROFESSIONAL SERVICES CONTRACT FA ENTERPRISES gIEALTH CARE DELIVEItY SYSTEMS THIS CONTR.ACT, made and entered into this day, by and between the CITY OF AUBURN, a municipal corporation, organized under Title 35A RCW, hereinafter referred to as "CITY", arid FA. ENTERPRISES, HEA,LTH CARE DELIVERY SYSTEMS, hereinafter referred to as "AGENCY". WHEREAS, the CITY desires to have health care services performed as hereinafter set forth requiring special.ized skills and other supportive capabilities; and WHEREAS, the AGENCY presents that they are qualified and possess sufficient skills and the necessary capabilities, including technical and professional expertise where required, to perform the services set forth in this Contract; and NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, the. parties agree as follows: Sectioa 1. SLRVICES: A. The AGENCY shall perform such services and accomplish such tasks, including the furnishing of all equipment necessary for full performance, as are Resolution No. 2912, Exhibit " 1" FA Enterprises March 10, 1998 Page 1 _ [c/agree/ps-fae] . identif'ied as AGENCY responsibilities throughout this Contract and as detailed in Exhibit attached hereto and made a part hereof. B. The CITY shall provide an appropriate medical area as well as all materials and supplies necessary to accomplish tasks required under this contract, as well as inmate transport to the medical area and security for AGENCY staff onsite. This shall be detailed in Exhibit "B" attached hereto and made a part hereof. Section 2. DURATION OF CONTR.ACT/RIGHT OF TERMIN'ATTON: The term of this Contract and the performance of the AGENCY shall commence on the date of signature and shall continue until written termination by one or both parties. Either party may terminate this Contract by providing thirty days written notice to the other party. Section 3. COMPENSATION AND METHOD OF PAYMENT: A. Payments for services shall be made on a reimbursement basis after rendition of services, submission of an invoice and approval of CITY. B. No payment shall be 'made for any services xendered by tYi:e AGENCY except for services identified and set forth in this Contract. Resolurion No. 2912, Exhibit " 1" FA Enterprises March 10, 1998 Page 2 [c/agree/ps-fae] , , . . , . C. The CITY shall reimburse the AGENCY for the services performed under this Contract as detailed in Exhibit ..A.. . D. The AGENCY shall submit an invoice delineating the services performed to the CITY on the IS` and 15`h of each month. E. The CITY will initiate authorization for payment and render payment to the AGENCY after receipt of the invoice no later than 45 days thereafter. Section 4. SAFEGUARDING CLIENT INFORMATION: The use or disclosure by any party of any confident`ial information concerning AGENCY recipient or client of services provided hereunder for any purpose with respect to services provided under this Contract is prohibited except on written. consent of the recipient or client, his/her responsible par-ent or guardian, or as otherwise provided by law. Section S. COMPLIANCE WITH LAW: The AGENCY, in performance of this Contract, agrees to comply with all applicable Federal, state, and local laws and ordinances, including standarels for licensing, registration, and certification. - Resolution No. 2912, Exhibit " 1" FA Enterprises March 10, 1998 Page 3 [c/agree/ps-fae] . , Section 6. CHANGES AND NOTIFICATION: Any amendment to this Contract shall be in writing and signed by both parties. Annual review of compensation wi;ll be by written notification of no less an thirty days prior to any proposed increase in rates. Section 7. NON-DISCRIMINATION IN CLIENT S$RVICLS: The AGENCY shall not, on grounds of race, color, sex, sexual orientation, religion, national origin, creed, marital status, age, Vietnam era or disabled veteran status, or the presence of any sensory, mental, or physical disability c7.eny an individual any services or other benefits provided under this Contract. Section 8. RELATIONSHIP OF THE PARTIES: A. The parties intend that an indepenclent contractor relationship will be created by this Contract. The CITY is interested primarily in the results to be achieved; the implementation of services will lie solely with the AGENCY. The AGENCY shall not be deemed to be an employee, agent, servant, or representative of the CITY for any purpose, and the AGENCY is not entitled to any of the benefits the CITY provides for CITY employees. Resolurion No. 2912, Exhibit 1" FA Enterprises March 10, 1998 Page 4 [c/agree/ps-fae] . , • . a B. The AGENCY will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, representatives or otherwi`se during.the performance of this Contract. C. In the performance of the services here'in contemplated, the AGENCY is an independent contractor with the authority to control and direct the performance of the details of the work; however, the results of the work contemplated herein must meet the approval of the CITY. Section 9. HOLD HARMLESS/INDENIINIFICATION: A. All services to be rendered or performed under this ' Contract will be performed or rendered at the AGENCY`S own risk and the AGENCY expressly agrees 'to defend, hold harmless and indemnify the CITY, its official,s, officers, employees, and volunteers from any and all claims, injuries, damages, losses or suits .including attorneys fees arising out of, or 'in any way connected witYi the performance of this agreement, except for injuries and damages caused by the sole negligence of the CITY. B. Should a court of competent jurisdiction determine that thia contract is subject to RCW 4.24.115, then, Resolution No. 2912, Eachibit " 1" FA Enterprises March 10, 1998 Page 5 [c/agree/ps-fae] . , . , . in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the AGENCY and the CITY, its officers, officials, employees, and volunteers, the AGENCY'S liability hereunder shall be only to the extent of the AGENCY'S negligenee. It is further specifically and expressly understood that the indemnifieation provided herein constitutes the AGENCY'S waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Contract. 3ection 10. INSIIRANCE: The AGENCY and its employees and agents shall each carry professional liability malpractice insurance in an amount not less than $1,000,000 per claim and $3,000,000 aggregate. Each policy must have a forty-five (45) day cancellation notice if canceled or altered. Certificates of insurance including the forty-five (45) day notice provision shall be provided to the CITY for each employee or agent practicing under this Resolurion No. 2912, Exhibit " 1" FA Enterprises March 10, 1998 Page 6 [c/agree/ps-fae] 1 Contract. Current copies will be provided to the CITY by the AGENCY prior to the expiration of each insurance policy. Section 11. JURISDICTION: A. This Contract has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this Contract shall be governed by the laws of the State of Washington, both as to inter-pretation and performance. B. Any litigation, suit in equity or judicial proceeding for the enforcement of this Contract or any provision thereof, shall be instituted and maintained only in the courts of competent jurisdiction in King County, Washington. Section 12: SEVERABILITY: A. It is understood and agreed by the parties hereto that if any part, term, or provision of this Contract is held by the courts to be illegal, t°he validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall construed and enforced as if the. Contract did not contain the particular provision held to be invalid. Resolurion No. 2912, Exhibit " 1" FA Enterprises March 10, 1998 Page 7 [c/agree/ps-fae] . , B. If any provision hereof is in conflict with any statutory provision of the State of Washington, said provision which conflicts therewith shall be deemed inoperative and null and void insofar as it is in conflict therewith, and shall be deemed modified to conform to such statutory provision. Seation 13: ENTIRE CONTR.ACT: The parties agree that this Contraet is the complete expression of the terms between the parties hereto and any oral representations or understandings not incorporated herein are excluded. Both parties recognize time is of the essence in the performanee of the provisions of this Contract. Section 14. WAIVER OF CONTRACT TERMSs The parties agree that the forgiveness of the nonperformance of any provision of this Contract does not constitute waiver of the provisions of this Contract. Resolution No. 2912, Exhibit " 1" FA Enterprises March 10, 1998 Page 8 [c/agree/ps-fae] , . . , . IN WITNESS WHEREOF the parties hereto have caused this Contract to be executed this ~ day of , 1998. CITY OF AUBIIRN CHAR.LEB A. BOOTH MAYOR ATTEST: ~ 4elle- E. Daskam, City Clerk AP ROVED AS TO FORM: Michael J. Reynolds, City Attorney Resolution No. 2912, Exhibit " 1" FA Enterprises Mazch 10, 1998 Page 9 Lc/agree/ps-fae] ~ . F.A. ENTERPRISES HEALTH CARE DELIVERY SYSTEMS BY: ~ MARLA FREDERICKS --TITLE: President ADDRESS: 140 Pt. Fosdick Circle NW Gig Harbor, WA 98335 BY: HLEEN ALVES TITLE: Chief Executive Officer ADDRESS: 140 Pt. Fosdick Cirele NW Gig Harbor, WA 98335 - - Resolution No. 2912, Exhibit " 1" FA Enterprises March 10, 1998 Page 10 [c/agree/ps-fae] , • y c,. STATE OF WASHINGTON ) )ss COUNTY OF KING ) ~ On this day of 1998, before me, the undersigned, a Notary Public in and for the. State of Washington, personally appeared MARLA FREDERICKS, to me known to be the President of F.A. ENTERPRISTS HEALTH CARE DELIVERY SYSTENlS, and acknowledged said instrument to be the , free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date hereinabove set forth. . . NOTAR.Y PUBLIC in and for the State,of Washingtori, residing at . GQ~vt` a.dv MY COMMISSION expires : Resolution No. 2912, Etchibit " 1" FA Enterprises March 10, 1998 Page 11 [c/agree/ps-fae7 ' STATE OF WASHINGTON ) )ss COUNTY OF KING. ) On this day of lggg, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared KATHLEEN ALVES, to me known to be the Chief Executive Officer of FA BNTERPRISPS HEALTH CARE D$LIVERY SYSTEMS, and acknowledged said instrument to be the free and voluntary act and deed of said company, for ` the uses and purposes therein mentioned, and on oath stated. that he is authorized to execute said instrument on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date hereinabove set forth. NOTARY PUBLIC in and for he State of Washington, residing at 6.~_ MY COMMISSION expires: 9 Resolution No. 2912, Exhibit " 1" FA Enterprises March 10, 1998 Page 12 [c/agree/ps-fae] . ` a . - ■ PROFESSYOloTAL SERVICES CONTRACT EXHIBIT "A" FA ENTERPRISES HEALTH CARE DELIVERY SYSTElVIS FA Enterprises will provide the following services as per contract terms: l. Twenty-four (24) hour phone triage and consult by a Registered Nurse or Advanced Register-ecl Nurse Practitioner for a monthly retainer of $50.00 and $1.50 per minute of phone time with a minimum of three minutes. 2. Analysis of facility needs to include: (1) policy and procedure development per NCCHC Standards; (2) necessary medical chart format; (3) necessary medical supplies; (4) OSHA requirements for the medical facility and corrections staff; (5) utilization review; (6) quality management and administrative support to include contraet negotiation for pharmaceutical services, d.iagriostic services, and medical supply services billed out to $75.00 per hour. 3. Onsite Registered Nurse coverage billed at $45.00 per hour with two hour minimum. 4. Onsite Advanced Registered Nurse Practitioner with prescriptive privileges bilTed at $65.00 per izour witYi two hour minimum. 5. Onsite Medical Doctor billed at $120.00 per hour with two hour minimum.. 6. All practitioners (every employee or agent) will provide a Certificate of Insurance to document current malpractice insurance as per Contract. 7. All practitioners will provide documentation of current state licensure. Resolution No. 2912, Extiibit" 1" FA Enterprises Exhibit "A" March 10, 1998 Page 13 [c/agree/ps-fae] ~ . , • 8. Practitioners will provide specialized medical equipment necessary to perform sick call (i.e., stethoscopes, sphygmomanometers, otoscopes, ophthalmoscopes, percussion hammers, etc.). 9. Inmate billing services as allowed by law for:. (1) all onsite medical care at $5.00 per visit; (2) ail pharmaceuticals; (3) all diagnostic tests; (4) al1 offsite medical care; and (5) all durable medical. equipment for a fee of one-third the revenues generated.. 10. Maintain medical records per AGENCY and CITY policies and assure confidentiality. 11. Promote community health and prevention of communicable disease within the City of Auburn Detention Facility. 12. Provide pre-employment physicals and fitness testing for corrections staff, and ongoing OSHA training for a negotiated fee. - - Resolution No. 2912, Exhibit " 1" FA Enterprises Exhibit "A" March 10, 1998 Page 14 Ec/agree/ps-fae] ~ _ ~ . . , PROFESSIONAL SERVICES CON'I'1tACT EXHIBIT "B" FA ENTERPRISES HEALTH CARE DELIVERY SYSTEMS The City of Auburn Detention Facility will provide the following as per Contract terms: 1. A private, secure area with appropriate furniture to perform medical examinations, as well as all necessary medical supplies. 2. Inmate transport to and from the medical area, and provide security for practitioners while onsite medical care is being delivered. 3. Inmate transport to prescribed outpatient visits for medical, dental, or diagnostic needs. 4. All chart forms, stationery supplies, and copy services needed for onsite medical care. 5. An accurate scale and thermometer capable of frequent use for onsite medical care. Resolution No. 2912, Exhibit" 1" FA Enterprises Exhibit "B" Mazch 10, 1998 Page 15 [c/agree/ps-fae].