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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
FROM: Steve Richmond, JCSO Jail Superintendent
DATE: q11 q�l
SUBJECT: Medical Services to Inmates
STATEMENT OF ISSUE: The Jefferson County Jail is mandated to provide
urgent and substantial medical care to its' inmates. We also provide a relapse
prevention program for inmates suffering from substance abuse and/or
mental health issues. Our current providers have adequately provided these
services since 2004 and we wish to retain them for inmate medical services
and add the Relapse Prevention Program facilitation to their duties.
ANALYSIS: The Jail currently provides these medical services through
Linda Pedersen, MSN. ARNP and wish to add the relapse prevention
program facilitator to her responsibilities.
Sales Tax.
RECOMMENDATION: Approve and sign by BoCC.
REVJEWED Y:
-Co—unty 'dri9im try or Date
PROFESSIONAL SERVICES CONTRACT
DELIVERY OF HEALTH CARE TO INMATES
OF THE JEFFERSON COUNTY JAIL
THIS CONTRACT, made and entered into this day by and between THE
COUNTY OF JEFFERSON, a municipal corporation, hereafter "COUNTY", and LINDA
PEDERSEN, MSN, PLLC, hereafter "PROVIDER ".
WHEREAS, the COUNTY desires to have health care services performed as hereinafter
set forth requiring specialized skills and other supportive capabilities; and
WHEREAS, the PROVIDER 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
WHEREAS, the PROVIDER has been providing medical services to the Jefferson
County Jail since 2004 and the PROVIDER has provided good medical care and complied with
its contractual obligations; and
WHEREAS, the County is desirous of having PROVIDER continue to provide medical
care at the Jefferson County Jail,
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and
performance contained herein, the parties agree as follows;
I. DEFINITIONS:
"Health Care Authority" means the person responsible for medical policies and
procedures at the Jefferson County Jail. This person reports to the Responsible
Physician. For purposes of this Contract Linda Pedersen is the Health Care Authority.
"Health Care Liaison" means the employee of the Jefferson County Sheriff s Office
responsible for supervision of the Jefferson County Jail and responsible for
communication between jail staff, the Health Care Provider and the inmates. For
purposes of this Contract the Liaison is Steve Richmond, Jail Superintendent.
"Health Care Provider" means the person providing the medical care to an inmate who
needs or requests medical attention or medical care. This person reports to the Health
Care Authority. For purposes of this Contract, the Health Care Provider is Ken Brown.
"PROVIDER" means Linda Pedersen, MSN, PLLC and any licensed health care provider
who is an employee or subcontractor of that PLLC.
"Responsible Physician" means a medical doctor who oversees the Health Care
Authority, primarily via quarterly reviews of a limited number of inmate medical files.
For purposes of this Contract, the Responsible Physician is Dr. Miguel Balderrama.
IL SERVICES
A The PROVIDER shall perform such services and accomplish such tasks,
including the furnishing of all equipment necessary for full performance,
as are identified as PROVIDER responsibilities throughout this
CONTRACT and as detailed in Exhibit A attached hereto and made a part
hereof. The PROVIDER shall perform the services and tasks listed on
Exhibit A in a competent manner consistent with current medical
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standards, norms, policies and procedures. PROVIDER's failure to meet
this standard of competency shall be considered a breach of this contract
and authorizes the COUNTY to terminate this Contract in a manner
consistent with Section IV below.
B. The COUNTY shall provide an appropriate medical area as well as all
materials and supplies necessary to accomplish such tasks, as well as
inmate transport to the medical area and security for the PROVIDER'S
staff onsite. This shall be detailed in Exhibit B attached hereto and made a
part hereof.
III. TERM
The term of this Contract and the performance of the PROVIDER in compliance with this
Contract shall be considered to have commenced on July 12014 and shall expire on
December 31, 2016.
IV. RENEWAL and TERMINATION:
This contract shall automatically renew for a single three year term unless one of the
parties to this Contract informs the other party prior to October 1, 2016 of their desire to
terminate the Contract. Either party may terminate this Contract for any reason upon
sixty (60) days written notice to the other party. During the 60 day period required for
notification of intended termination both parties shall have the right to cure the default or
breach, i.e., remove or remedy the cause of the decision to terminate.
V. COMPENSATION AND METHOD OF PAYMENT
A. Compensation for medical services provided during 2014 shall be
$3,445.33 per month, with total compensation for this service in 2014
under this Contract not to exceed $20,672.00.
B. Compensation for medical services provided during 2015 and 2016 shall
be $3,617.60 per month, with total compensation for this service in 2015
and 2016 not to exceed $43,411.20 annually.
C. If this Contract remains effective as of January 1, 2017, the compensation
for medical services provided during 2017 and 2018 shall be $3,798.48
per month, with total compensation for this service in 2017 and 2018 not
to exceed $45,581.76 annually.
D. If this Contract remains effective as of January 1, 2019, the compensation
for medical services provided during 2019 shall be $3,998.40 per month,
with total compensation for this service in 2019 not to exceed $47,860.85
annually.
E. Compensation for relapse services provided during 2014 shall be
$2,904.65 per month, with total compensation for this service in 2014
under this Contract not to exceed $17,427.90.
F. Compensation for relapse services provided during 2015 and any
subsequent year will be a function of what sum is awarded by the 1 /10a' of
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1% Sales Tax Advisory Committee yearly and will fluctuate yearly based
on the amounts awarded by the Committee. The amount awarded for
2015 and 2016 will be divided into 12 equal monthly payments to the
PROVIDER.
G. No payment shall be made for any services rendered by the PROVIDER
except for services identified and set forth in this Contract.
H. The COUNTY shall reimburse the PROVIDER for the services performed
under this Contract as detailed in Exhibit A.
I. The PROVIDER shall submit an invoice to the COUNTY on the V of
every month H. The COUNTY will initiate authorization for payment and
render payment to the PROVIDER after receipt of the invoice within
thirty (30) days thereafter.
VI. SAFEGUARDING CLIENT INFORMATION
The use or disclosure by any party of any confidential information concerning a recipient
or client for any purpose with respect or services provided under this Contract is
prohibited except on written consent of the recipient or client, his/her attorney or his/her
responsible parent or guardian, or as otherwise provided by law.
VII. COMPLIANCE WITH LAW
The PROVIDER, 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. All parties to this Contract shall abide by and comply with
HIPAA.
VIII. CHANGES AND NOTIFICATION
Any amendment to this Contract shall be in writing and signed by both parties
IX. NON - DISCRIMINATION IN CLIENT SERVICES
The PROVIDER 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.
X. RELATIONSHIP OF THE PARTIES
A. The parties intend that an independent contractor relationship will be
created by this Contract. The COUNTY is interested primarily in the
results to be achieved; the implementation of services will lie solely with
the PROVIDER. The PROVIDER shall not be deemed to be an employee,
agent, servant, or representative of the COUNTY for any purposes, and
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the PROVIDER is not entitled to any of the benefits the COUNTY
provides for COUNTY employees.
B. The PROVIDER will be solely and entirely responsible for its acts and for
the acts of its agents, employees, servants, and representatives or
otherwise during the performance of this Contract.
C. In the performance of the services herein contemplated, the PROVIDER 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 COUNTY.
XI. HOLD HARMLESSANDEMNIFICATION
A. The COUNTY agrees to hold harmless and indemnify the PROVIDER
and all of it's officers, agents and employees against any claims, suits,
demands, actions, or damages to any and all persons or property, costs or
judgments against the COUNTY which may result from, arise out of, or
are proximately caused by the PROVIDER'S (or their officers, agents, or
employees) allegedly negligent acts or omissions while performing their
obligations under this contract.
B. The COUNTY accepts full liability for any damages resulting from
dereliction of medical care, treatments, diagnostics, or pharmaceuticals
deemed medically necessary by the PROVIDER on the part of the
COUNTY or its officers, agents, or employees. The PROVIDER and all of
its officers, agents, or employees will be held harmless and will be
indemnified, from any and all liability, loss, or damage incurred by the
COUNTY or its officers, agents, or employees for any withholding of
medical care or dereliction of PROVIDER orders for necessary medical
treatment.
XH. INSURANCE
A. The PROVIDER and any of his/her employees and agents engaged in
providing the services listed in Exhibit A attached hereto shall have third
party liability coverage for claims for damages, actions or suits arising
from or proximately caused by the allegedly negligent acts and omissions
of the PROVIDER and/or any of his/her employees and agents through
and by the policy (or policies) of joint self - insurance issued by the
Washington Counties Risk Pool ( "WCRP ") and naming Jefferson County
as a member county entitled to the coverage provided by the WCRP.
B. The PROVIDER will be provided with not less than thirty (30) days'
notice of the cancellation of the WCRP policy applicable to Jefferson
County at which time it will be his/her responsibility to obtain and make
effective malpractice insurance in an amount not less than$ 1,000,000.00
per occurrence written and issued by a carrier licensed or authorized to sell
policies of insurance in the State of Washington. Said policy must have a
forty -five (45) day cancellation notice if cancelled or altered by either
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party. A Certificate of Insurance including the forty -five (45) day
provision shall be provided to the COUNTY with respect to and covering
every employee or agent providing any or all of the services listed in
Exhibit A under this Contract. If applicable, current copies will be
provided annually to the COUNTY by the PROVIDER. If the
PROVIDER must obtain such malpractice insurance, then the PROVIDER
must also obtain along with the Certificate of Insurance the full text of any
endorsements listed on that Certificate of Insurance.
C. Jefferson County agrees to cover the PROVIDER and any of his/her
employees and agents under its' Worker's Compensation coverage for the
duration of this contract.
XUL JURISDICTION AND LEGAL COSTS
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 section of law, suit in equity, or judicial proceeding for the
enforcement of this Contract or any provision thereof shall be instituted
and maintained only in any of the courts of competent jurisdiction in
Jefferson County.
C. In the case of litigation arising from A) a dispute over the terms and
conditions of this Contract or B) an alleged breach by a parry of its
obligation(s) under this Contract, then each party shall be solely
responsible for its legal costs, including attorney's fees.
XIV. SEVERABILITY
A. It is understood and agreed by the parties hereto that if any part, tern, 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 be construed and enforced as if the Contract
did not contain the particular provision held to be invalid.
B. If it should appear that any provision hereof is in conflict with any
statutory provision of the State of Washington, said provision which may
conflict therewith, and shall be deemed modified to conform to such
statutory provision.
XV. ENTIRE CONTRACT
The parties agree that this Contract is the complete expression of the terms hereto
and any oral representations or understandings nor incorporated herein are
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excluded. Both parties recognize time is of the essence in the performance of the
provisions of this Contract.
XVI. WAVIER OF CONTRACT TERMS
The parties agree that the forgiveness of the nonperformance of any provision of
this Contract does not constitute a waiver of the provisions of this Contract.
IN WITNESS WHEREOF the parties hereto have caused this Contract to be
executed this day of , 20_
PROVIDER
Lmda Pedersen, MSN, LLC
ZA-ve� o - rm onl
David
Jefferson Co. Prosecutor's Office
JEFFERSON COUNTY
Phil Johnson, BoCC Chairman
David Sullivan, BoCC Member
John Austin, BoCC Member
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PROFESSIONAL SERVICES CONTRACT
EXHIBIT A — PROVIDER
PROVIDER will provide the following as per Contract terms:
A. Two (2) Sick Call sessions will be held each week, minimum of two (2)
hours per session (or long enough to see all patients), will be held by an
ARNP, with prescriptive privileges. Additional sick calls may be arranged
as mutually agreed upon.
B. Twenty four (24) hour, seven (7) days a week phone triage, medication
consultation will be provided. Response time by PROVIDER should be
within twenty (20) minutes of facility's call.
C. Assess and document health status using complete history and physical
assessment of those inmates suspected of having mental health and/or
drug/alcohol withdrawal issues or concerns,
D. Provide input and assistance as required to maintain the Relapse
Prevention Program, including all documentation and reports and co-
facilitate bi- weekly sessions with other providers.
E. Analysis of facility needs to include: (1) Policy and Procedure
development and/or review per NCCHC standards; (2) necessary medical
chart format; (3) necessary medical supplies; (4) OSHA requirements for
the medical services 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.
F. All practitioners will provide documentation of current state licensure,
including any renewal of said state licensure.
G. Practitioners will provide specialized medical equipment necessary to
perform sick call (i.e., stethoscopes, sphygmomanometers, otoscopes,
ophthalmoscopes, percussion hammers, etc)
H, Maintain medical records per policy and assure confidentiality.
I. Promote community health and prevention of communicable disease
within the Jefferson County Jail.
J. At the request of the COUNTY, PROVIDER may conduct pre-
employment physicals and fitness testing for Corrections staff, ongoing in-
service training and quarterly environmental inspection of jail conditions
for a negotiated fee.
K. Ms. Pedersen agrees to serve as the facility's "Health Authority" and
assumes responsibility for arranging all levels of health care and ensuring
quality and accessible health services for inmates.
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L. In her role as "Health Authority ", Ms. Pedersen will communicate in
person or electronically at least weekly with the Health Care Providers,
and Health Care Liaisons.
PROFESSIONAL SERVICES CONTRACT
EXHIBIT B — COUNTY
COUNTY will provide the following per Contract terms:
1. A private, secure area with appropriate furniture to perform medical examinations, as
well as all necessary medical supplies.
2. Inmate transportation 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, stationary supplies, and copy services needed for onsite medical care.
5. An accurate scale and thermometer capable of frequent use for onsite medical care.
6. The opportunity to attend at least one "Corrections - related" and one clinical
continuing education training per year as agreed to between the parties. Costs to be
split equally between both parties.
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