HomeMy WebLinkAbout2912 (2) 1 RESOLUTION NO 2 9 1 2
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
3 WASHINGTON, 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 WHEREAS, the City of Auburn maintains a detention
8
facility; and
9 WHEREAS, the City provides certain levels of medical 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 screening at the detention facility once per week;
15 and
16 WHEREAS, 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 WHEREAS, the city purchases prescription medication for
22
prescription dispensing at the jail;
23
WHEREAS, certain dispensing requirements must be followed
24
and records maintained; and
25
26
Resolution No 2912
March 11, 1938
Page 1
1 WHEREAS, there are professional jail medical service
2
contract agencies available that will screen medical
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 can
7
8 monitor medical necessity for outside emergent care; 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 COUNCIL OF THE CITY OF AUBURN,
2 WASHINGTON, DO ORDAIN AS FOLLOWS
3 Section 1. 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 DELIVERY
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 medical 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 /
18 DATED and SIGNED this /t day of 1� , 1998
19
20
21 CITY OF AUBURN
22
23 Qlta.3 }.l cacetic,
24 CHARLES A BOOTH
MAYOR
25
26
Resolution No 2912
March 11, 1998
Page 3
1
2 ATTEST
3
5 Da ielle E Daskam, M
City Clerk
6
7
8 APPROVED AS TO FORM
9 1
11 Michael J Reynolds,
City Attorney
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Resolution No 2912
March 11, 1998
Page 4
PROFESSIONAL SERVICES CONTRACT
FA ENTERPRISES
HEALTH CARE DELIVERY SYSTEMS
THIS CONTRACT, 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", and FA
ENTERPRISES, HEALTH CARE DELIVERY SYSTEMS, hereinafter
referred to as "AGENCY"
WHEREAS, the CITY desires to have health care services
performed as hereinafter set forth requiring specialized
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
Section 1 . SERVICES.
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 fee]
identified as AGENCY responsibilities throughout
this Contract and as detailed in Exhibit "A"
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 CONTRACT/RIGHT OF TERMINATION:
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 rendered
by the AGENCY except for services identified and set
forth in this Contract
Resolution No.2912, Exhibit 1"
FA Enterprises
March 10, 1998
Page 2 [c/agree/ps foe]
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 ls` and 15th 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 confidential
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 parent
or guardian, or as otherwise provided by law
Section 5 . COMPLIANCE WITH LAW.
The AGENCY, in performance of this Contract, agrees to
comply with all applicable Federal, state, and local laws and
ordinances, including standards for licensing, registration,
and certification
Resolution No. 2912, Exhibit 1
FA Enterprises
March 10, 1998
Page 3 [c/agree/ps fee]
Section 6 . CHANGES AND NOTIFICATION:
Any amendment to this Contract shall be in writing and
signed by both parties Annual review of compensation will be
by written notification of no less an thirty days prior to any
proposed increase in rates
Section 7 . NON-DISCRIMINATION IN CLIENT SERVICES.
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 deny
an individual any services or other benefits provided under
this Contract
Section S . RELATIONSHIP OF THE PARTIES.
A The parties intend that an independent 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
Resolution No.2912,Exhibit" 1"
FA Enterprises
March 10. 1998
Page 4 [c/agree/ps-fae]
B The AGENCY will be solely and entirely responsible
for its acts and for the acts of its agents,
employees, servants, representatives or otherwise
during the performance of this Contract
C In the performance of the services herein
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/INDEMNIFICATION.
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
officials, 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 with 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 this contract is subject to RCW 4 . 24 . 115 , then,
Resolution No. 2912, Exhibit"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 negligence It is further specifically
and expressly understood that the indemnification
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
Section 10 INSURANCE.
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
Resolution No 2912, Exhibit 1"
FA Enterprises
March 10, 1998
Page 6 [c/agree/ps-fae7
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 interpretation
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, the
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
Resolution No. 2912. Exhibit" I
FA Enterprises
March 10, 1998
Page 7 Ic/agree/ps-fael
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
Section 13 . ENTIRE CONTRACT.
The parties agree that this Contract 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 performance of the provisions of this Contract
Section 14. WAIVER OF CONTRACT TERMS .
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
fi $1-1
Contract to be executed this day of �:��z. , 1998
CITY OF AUBURN
kr- cu
CHARLES A BOOTH
MAYOR
ATTEST
anielle E Daskam,
City Clerk
APPROVED AS TO FORM
7) IF ' (X
Michael J Reynolds,
City Attorney
Resolution No 2912, Exhibit I"
FA Enterprises
March 10, 1998
Page 9 is/agree/ps-fael
F.A ENTERPRISES
HEALTH CARE DELIVERY SYSTEMS
BY
/
MARLA FREDERICKS
TITLE President
ADDRESS 140 Pt Fosdick Circle NW
Gig Harbor, WA 98335
BY
ait ' / AI
K7I'HLEEN ALVES
TITLE C hief Executive Officer
ADDRESS 140 Pt Fosdick Circle NW
Gig Harbor, WA 98335
Resolution No. 2912, Exhibit 1
PA Enterprises
March 10, 1998
Page 10 [c/agree/ps-fae]
STATE OF WASHINGTON )
) ss
COUNTY OF KING
�r
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 ENTERPRISES HEALTH CARE
DELIVERY 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
id;fe
NOTARY PUBLIC in and for the State of
Washington, residing at &floe as"
MY COMMISSION expires 5797 _
Resolution No. 2912, Exhibit" 1
FA Enterprises
March 10, 1998
Page 11 [c/agree/ps fae]
STATE OF WASHINGTON )
) ss
COUNTY OF KING
On this / r✓ day of G " , 1998,
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 ENTERPRISES
HEALTH CARE DELIVERY 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
egt!:/if2,97
NOTARY PUBLIC in and for he State of
Washington, residing at CV%n4, c -*
MY COMMISSION expires 6747
Resolution No 2912, Exhibit 1
FA Enterprises
March 10, 1998
Page 12 tc/agree/ps-fael
PROFESSIONAL SERVICES CONTRACT
EXHIBIT "A"
FA ENTERPRISES
HEALTH CARE DELIVERY SYSTEMS
FA Enterprises will provide the following services as per
contract terms
1 Twenty-four (24) hour phone triage and consult by a
Registered Nurse or Advanced Registered 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 contract
negotiation for pharmaceutical services, diagnostic
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 billed at $65 00 per hour with
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, Exhibit" I"
FA Enterprises Exhibit"A"
March 10, 1998
Page 13 [c/agree/ps-fae7
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) all
pharmaceuticals; (3 ) all diagnostic tests; (4) all
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.291?, Exhibit" 1
FA Enterprises Exhibit"A"
March 10, 1998
Page 14 [c/agree/ps-fae]
PROFESSIONAL SERVICES CONTRACT
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'
March 10, 1998
Page 15 tc/agree/ps fae]
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STATE OF WASHINGTON
HEALTH PROFESSIONS QUALITY ASSURANCE DIVISION
THIS CERTIFIES THAT THE PERSON NAMED HEREON IS AUTHORIZED AS PROVIDED BY LAW AS A
ARNP W/PRESCRIPTIVE AUTHORITY FOR LEGEND DRUGS
• VALID W/CURRENT RN LIC, ADULT NURSE PRACTITIONER
• ACTIVE
1 , ;Y.
ALVES, KATHLEEN LOUISE'k.
G 113 14 HAZEL DR w i
• CHEHALIS WA 98532
NUMBER DATE ISSUED EXPIRATION DATE
ARY 025804 AP30003042 12-17-92 10-18-98
ALLIED HEALTH CARE PROFESSIONALS
Item CNA CNA Plaza•
POLICY DECLARATIONS Chicago,Illinois 60685 1
PRODUCER er All the Commkmenta Yoe Mahe
CER NO. BRANCH PREFIX POLICY NUMBER Per IS PROVIDED BY THE COMPANY DESIGNATED BELOW
(A stock knsunnce company.herein weed the company)
018098 970 AHC 0120225634
® American Casualty Company of
NAMED INSURED&ADDRESS: Reading, Pennsylvania
(Number&Street,Town,County,State&Zip Code)
Kathleen L Alves
113-14 Hazel Drive
Chehalis, WA 98532-9617
a Policy Period.From 01/01/98 To: 01/01/99
This Policy becomes effective and expires at 12:01 a.m.
Standard Time at Your Mailing Address Shown Above.
3. INSURED MEDICAL SPECIALTY SPECIALTY CODE
A.Kathleen L Alves Pediatric/NeonataVFamily Practice Nurse Prac 80964
B.
C.
4 ADDITIONAL LOCATIONS
5. LIMITS OF LIABILITY COVERAGE PART
$ 1,000,000 each claim
$ 3,000,000 aggregate PROFESSIONAL LIABILITY
$ 0 each occurrence PREMISES LIABILITY
$ 0 each occurrence FIRE &WATER LEGAL LIABILITY
$ 300 per day
_$ 6,000 per suit DEFENDANTS REIMBURSEMENT
$ 0 each person
0 each accident PREMISES MEDICAL PAYMENTS
$
$
6. PREMIUM 790 00
7 PRINTED ENDORSEMENTS ATTACHED AT POLICY ISSUANCE (INSERT FORM NUMBERS):
G-16867-A G-41500-C G-39543-A G-11715-E46
This Policy shall not be valid unless countersigned by a duly authorized representative of this Company
A e Pe""
Countersigned: 01/22/98 By. Authorized Agent
/14/ arsolar-Date (�
Chairman of the Board Secretary
G-17701-A
(ED 04/92)
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STATE OF WASHINGTON
HEALTH PROFESSIONS QUALITY ASSURANCE DIVISION
THIS CERTIFIES THAT THE PERSON NAMED HEREON IS AUTHORIZED AS PROVIDED BY LAW AS A
ARNP W/PRESCRIPTIVE AUTHORITY FOR LEGEND DRUGS
VALID W/CURRENT RN LIC, ADULT NURSE PRACTITIONER
ACTIVE
ALVES, KATHLEEN LOUISE
113 14 HAZEL DR
CHEHALIS, WA 98532
NUMBER DATE ISSUED EXPIRATION DATE
"Rr 025804 AP30003042 10-18-98