HomeMy WebLinkAbout031416_ra02JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners �.
FROM: Philip Morley, County Administrato
David Stanko, County Sheriff;--'
Steve Richmond, Jail Superintendent
DATE: March 14, 2016
RE: Agreement for Medical Care of Jail Inmates
STATEMENT OF ISSUE: County Commissioners will consider approving a contract with
Healthcare Delivery, Inc., d.b.a. Healthcare Delivery Systems to provide health care for inmates
in Jefferson County's Jail.
ANALYSIS: For the past half year, Sheriff David Stanko and Jail Superintendent Steve
Richmond have been exploring opportunities to enhance health care delivery in Jefferson
County's Jail. After extensive outreach to potential health care providers, Healthcare Delivery
Systems was identified as a firm uniquely capable and willing to provide service within the
Jefferson County Jail.
Based on Olympia, Healthcare Delivery Systems currently provides inmate health care in the
jails of Thurston County, Mason County, Olympia, Puyallup, and Fife. The firm is familiar with
Jefferson County, as they provided health care in our Jail prior to our current provider.
Under the proposed contract, HDS will provide inmate health care services in accordance with
applicable standards of the American Medical Association, the State of Washington, and the
National Commission on Correctional Health Care (NCCHC). Services include, but are not
limited to: continued medical oversight by Doctor Miguel Balderrama, 365 day/24 hour phone
triage and consultation, twice/week or more sick calls by an Advanced Registered Nurse
Practitioner, twice/month or more mental health review by a Psychiatric Advanced Registered
Nurse Practitioner, as well as administrative support for documenting care. HDS will review and
update policies and procedures per NCCHC Standards, and provide training to County staff at
the Jail as necessary.
The contract runs for one year (April 1, 2016 — March 31, 2017), and automatically renews
annually for four more years, unless either party gives notice otherwise. The contracted cost for
the first year is up to $97,000. Costs in future years are subject to mutual negotiation, but any
increases shall not exceed 5% per year.
FISCAL IMPACT: The cost for services April 1- December 31 in calendar year 2016 (nine
months) is up to approximately $72, 750. Approximately $32,000 of unspent 2016 budgeted
funds for Jail health care remain for the year. A supplemental appropriation to the Sheriff s
Office from the General Fund fund balance of approximately $40,000 will be necessary. The
increased cost for Jail health care has been anticipated and modeled in the County's five-year
budget projection.
RECOMMENDATION: Execute the proposed Professional Services Contract with Healthcare
Delivery, Inc., d.b.a. Healthcare Delivery Systems.
REY EWED BY:
- clip M6rl y,�-G�ty-Admirfstrator
Date
PROFESSIONAL SERVICES CONTRACT
HEALTHCARE DELIVERY, INC.
This Professional Services Contract (the "Contract") is entered into this —day of
, 2016 by and between the County of Jefferson (the "County") and Healthcare
Delivery, Inc., dba Healthcare Delivery Systems ("HDS").
RECITALS
A. The County desires to have certain health care services requiring specialized skills
and other supportive capabilities performed as set forth in this Contract.
B. HDS is qualified and possesses the skills and capabilities to perform the health
care services set forth in this Contract and desires to perform such services for the County.
CONTRACT
NOW, THEREFORE, the parties agree as follows:
1. SERVICES. HDS shall perform the services set forth in this Contract and listed
in detail on Exhibit A attached hereto and by this reference incorporated herein (the "Services"),
including the furnishing of all equipment necessary for the performance of the Services. HDS
shall not be required to perform any services which are not specifically identified in this
Contract.
2. FACILITY; SUPPLIES. The County shall provide an appropriate medical area
in which HDS may perform the Services. The County shall provide all materials and supplies
necessary or desirable for HDS's performance of the Services, including, without limitation,
those items listed on Exhibit B attached hereto and by this reference incorporated herein. The
County shall provide inmate transport to and from the medical area and provide security for all
HDS staff when on site.
3. TERM. This Contract shall commence on the date hereof. HDS shall assume
responsibility for providing Jail inmate medical care under this Contract commencing on April 1,
2016. This Contract shall expire on March 31, 2017. This Contract shall automatically renew for
successive periods of one (1) year each unless either party has given the other notice of
termination not less than ninety (90) days prior to the then current expiration date. In no event
shall there be more than four (4) renewals without the execution of a new Contract.
4. COMPENSATION. The County will pay HDS for the performance of the
Services based on the rates and charges set forth on Exhibit A, for an annual total compensation
in the first term of this Contract not to exceed $97,000, including $88,292 for scheduled services
and up to $8,708 for additional hourly and per unit services.
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The parties agree to review the compensation, rates and charges payable to HDS on or before
one hundred twenty (120) days prior to each anniversary of this Contract. Increases shall not
exceed 5% in any given year. If the parties are unable to agree on the compensation, rates and
charges for the succeeding one (1) year term, then either party may terminate this Contract
effective upon its termination date as set forth in Section 3 of this Contract.
5. PAYMENT. HDS will submit an itemized invoice to the County on or after the
first day of each calendar month for Services performed during the immediately preceding
calendar month based on the rates and charges set forth on Exhibit A. The invoice shall list the
dates, hours and services and charges. The County shall pay HDS within thirty (30) days after
receipt of a correct and conforming invoice. For purposes of Compensation and Payment, the
term "due date" shall be the 30th day after the County receives a correct and conforming invoice.
With the exception noted herein, the County shall pay a late charge of 2% of any amounts not
paid on or before the due date and any amounts not paid when due shall accrue interest at the rate
of 1% per month starting on the payment due date and continuing until any overdue balance(s),
including late charges, is/are received in full. As an exception to the forgoing, HDS shall not be
paid for services rendered under the Contract unless and until they have been performed to the
satisfaction of the County. Moreover, in the event HDS has failed to perform any substantial
obligation to be performed by HDS under this Contract and such failure has not been cured
within ten (10) days following notice from the County, then the County may, in its sole
discretion, upon written notice to HDS, withhold any and all monies due and payable to HDS,
without penalty until such failure to perform is cured or otherwise adjudicated. "Substantial" for
purposes of this Contract means faithfully fulfilling the terms of the Contract with variances only
for technical or minor omissions or defects.
6. CONFIDENTIAL INFORMATION. Except as required as part of the
performance of the Services, neither party may disclose, and neither party shall be required to
disclose, confidential information regarding the recipient of any of the Services for any purpose
except with the written consent of the recipient or the recipient's attorney or responsible parent
or guardian, or as otherwise permitted or required by law. This Contract is a Public Record
subject to the provisions of the Public Records Act, Ch. 42.56 RCW.
a. "Personal information" collected, used or acquired in connection with this Contract
shall be used solely for the purposes of the Contract and shall remain the property of
the County. County staff authorized to see such information will be designated in
writing by the Jail Superintendent. The HDS shall have a non-exclusive license to
review, generate and use that information during the term(s) of this Contract.
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b. For purposes of this Contract, the term "personal information" shall mean information
identifiable to any person, including, but not limited to, information that relates to a
person's name, health, finances, education, business, use or receipt of governmental
services or other activities, addresses, telephone numbers, social security numbers,
driver's license numbers, other identifying numbers and any financial identifiers.
For purposes of this Contract, the term "personal information" shall include
"Protected Health Information" as set forth in 45 CFR. § 160.103 as currently adopted
and as may hereafter be amended or revised and other information that may be
exempt from production to the public or other unauthorized persons under either Ch.
42.56 RCW, 42 USC §§1320 et seq., 42 CFR Part 2, Chapters 70.02, 70.24, 70.96A
and 71.05 RCW or other state and federal statutes and regulations governing
confidentiality and/or disclosure.
d. The HDS agrees to implement physical, electronic and managerial safeguards to
prevent unauthorized access to "personal information." The County reserves the right
to monitor, audit or investigate the use of personal information collected, used or
acquired by the HDS through this Contract.
e. The HDS agrees not to release, divulge, publish, transfer or sell or otherwise make
known "personal information" without the express written consent of the subject
person, the County or as provided by law.
£ HDS agrees to indemnify and hold harmless the County for any court costs,
attorney's fees or damages related to or arising from the HDS's unauthorized use or
disclosure of "personal information."
g. To the extent required by law, the HDS shall certify the return or destruction of all
"personal information" upon expiration of this Contract.
h. Any breach of this Section by HDS may result in termination of this Contract in a
manner consistent with Section 15 of this Contract.
i. The provisions of this Section shall be included in any contract or agreement between
the HDS and any and all of the HDS's subcontractors.
7. COMPLIANCE WITH LAW. HDS shall comply with all Federal, state and
local laws and regulations applicable to the performance of the Services, including those
governing licensing, registration and certification.
8. AMENDMENT. Any amendment or modification to this Contract must be in
writing and signed by both parties to be effective.
9. NON-DISCRIMINATION. HDS shall not, on the basis 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 required to be provided under this Contract.
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10. INDEPENDENT CONTRACTOR. This Contract establishes an independent
contractor relationship between the parties and shall not be construed to create any relationship
of partnership or joint venture. None of the persons performing the Services shall be deemed to
be an employee or agent of the County for any purpose and no such person shall be entitled to
any of the benefits the County provides to its employees. Such persons are employees or agents
of HDS and HDS shall be responsible for directing and controlling such persons in the
performance of the Services and for compensating them.
11. LIMITATION OF LIABILITY; INDEMNIFICATION. HDS's liability on
any claim whatsoever for which HDS is responsible, including negligence and any damage or
loss arising out of or resulting from this Contract or the performance or breach hereof not
covered, reimbursed or paid for by the insurance HDS must maintain under Section 12 of this
Contract shall in no event exceed the total compensation paid to Consultant hereunder. Any
action for breach of this Contract must be commenced within two (2) years after the occurrence
of the event giving rise to such breach. In no event shall HDS be responsible for, or the County
entitled to recover, indirect, special, incidental or consequential damages. The County shall
indemnify and hold harmless HDS, and its employees and agents, from and against any claim,
loss, liability or damage (including attorneys' fees incurred in connection with the defense of any
action based on any such alleged act or omission, which attorneys' fees shall be paid as incurred)
arising out of or in connection with any act performed, or omitted to be performed in connection
with this Contract; provided that such indemnification and hold harmless shall not cover (i)
indemnification prohibited by law, or (ii) any act or omission of HDS amounting to an
intentional breach of this Contract, fraud, gross negligence, or willful misconduct. Without
limiting the foregoing, the county will defend, indemnify and hold HDS and its employees and
agents from and against any claim, loss, liability or damage resulting from the failure to provide
medical care, treatment, diagnostics or pharmaceuticals to any person where HDS has advised
the County of the medical necessity therefor.
12. INSURANCE. Prior to commencing work, HDS shall obtain at its own cost and
expense the following insurance from companies licensed in the State with a Best's rating of no less than
A: VII. HDS shall provide to the County Risk Manager certificates of insurance with original
endorsements affecting insurance required by this clause prior to the commencement of work to be
performed.
The insurance policies required shall provide that thirty (30) days prior to cancellation, suspension,
reduction or material change in the policy, notice of same shall be given to the County Risk Manager by
registered mail, return receipt requested, for all of the following stated insurance policies.
If any of the insurance requirements are not complied with at the renewal date of the insurance policy,
payments to HDS shall be withheld until all such requirements have been met, or at the option of the
County, the County may pay the renewal premium and withhold such payments from the moneys due
HDS.
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All notices shall name HDS and identify the Contract by contract number or some other form of
identification necessary to inform the County of the particular contract affected.
A. Workers Compensation and Employers Liability Insurance. HDS shall procure and
maintain for the life of the contract, Workers Compensation Insurance, including Employers
Liability Coverage, in accordance with the laws of the State of Washington.
HDS specifically assumes potential liability for actions brought against the County by
HDS's employees, including all other persons engaged in the performance of any work or
service required of HDS under this Contract and, solely for the purpose of this
indemnification and defense, HDS specifically waives any immunity under the state
industrial insurance law, Title 51 R.C.W. HDS recognizes that this waiver was
specifically entered into pursuant to provisions of R.C.W. 4.24.115 and was subject of
mutual negotiation.
B. Commercial General Liability (1) - with a minimum limit per occurrence of one million
dollars ($1,000,000) and an aggregate of not less than two million dollars ($2,000,000) for bodily
injury, death and property damage unless otherwise specified in the contract specifications. This
insurance coverage shall contain no limitations on the scope of the protection provided and
indicate on the certificate of insurance the following coverage:
1. Broad Form Property Damage with no employee exclusion;
2. Personal Injury Liability, including extended bodily injury;
3. Broad Form Contractual/Commercial Liability including completed operations
(contractors only);
4. Premises - Operations Liability (M&C);
5. Independent Contractors and Subcontractors; and
6. Blanket Contractual Liability.
(1) Note: The County shall be named as an additional insured party under this policy
C. Automobile - with a minimum limit per occurrence of $1,000,000 for bodily injury, death
and property damage unless otherwise specified in the contract specifications. This insurance
shall indicate on the certificate of insurance the following coverage:
1. Owned automobiles;
2. Hired automobiles; and,
3. Non -owned automobiles.
D. During the term of this Contract, HDS shall maintain in full force and effect
professional liability/medical malpractice insurance covering HDS and each of its
employees and agents performing Services, with coverage of not less than $1,000,000 in
the aggregate. HDS will provide the County with a certificate of insurance evidencing
such coverage upon request. HDS will provide the County with prompt written notice of
any cancellation of such insurance.
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Any deductibles or self-insured retention shall be declared to and approved by the County prior to the
approval of the contract by the County. At the option of the County, the insurer shall reduce or eliminate
deductibles or self-insured retention or HDS shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
HDS shall include all subcontractors as insured under its insurance policies or shall furnish
separate certificates and endorsements for each subcontractor. All insurance provisions for
subcontractors shall be subject to all of the requirements stated herein.
Failure of HDS to take out and/or maintain any required insurance shall not relieve HDS from any
liability under the Contract, nor shall the insurance requirements be construed to conflict with or
otherwise limit the obligations concerning indemnification.
If the proof of insurance or certificate indicating the County is an "additional insured" to a policy
obtained by HDS refers to an endorsement (by number or name) but does not provide the full
text of that endorsement, then it shall be the obligation of HDS to obtain the full text of that
endorsement and forward that full text to the County.
The County may, upon HDS's failure to comply with all provisions of this contract relating to
insurance, withhold payment or compensation that would otherwise be due to HDS.
The County states it is a member of the Washington Counties Risk Pool (or "WCRP") and
through said membership has third -party liability coverage through the Memorandum of
Liability Coverage ("MLC") provided to it by the WCRP in the amount of Twenty Million
Dollars ($20,000,000.00). For purposes of the MLC, HDS, its owner, any state -licensed medical
provider employed by or contracting with HDS and any employee, subcontractor or
representative of HDS shall be considered a "Protected Party" for the purposes of any claim,
lawsuit or action arising from or proximately caused by the acts and/or omissions of HDS during
the course and scope of work performed by HDS in furtherance of this Contract as more
specifically described in the attached Scope of Services, Exhibit A to this Contract. The third
party liability coverage provided by the MLC to the County shall be primary to any professional
liability/medical malpractice insurance HDS is required to obtain and maintain pursuant to this
Contract.
13. JURSIDICTION. This Contract shall be governed by and construed in
accordance with the laws of the State of Washington. Any suit or proceeding in connection with
this Contract shall be brought and maintained only in Thurston County Superior Court.
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14. ASSIGNMENT, DELEGATION, AND SUBCONTRACTING. HDS shall
perform the terms of the Contract using only its bona fide employees or agents who have the
qualifications to perform under this Contract. The obligations and duties of HDS under this
Contract shall not be assigned, delegated, or subcontracted to any other person or firm without
the prior express written consent of the County.
HDS warrants that it has not paid nor has it agreed to pay any company, person, partnership, or
firm, other than a bona fide employee working exclusively for HDS, any fee, commission,
percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the
award of making of this Contract.
15. TERMINATION. The County may terminate this Contract for convenience at
any time by giving ninety (90) days written notice to HDS. HDS may terminate this Contract for
convenience at any time by giving ninety (90) days written notice to the County. In either event,
the County shall pay HDS for all services
16. SEVERABILITY. If any part, term or provision of this Contract is held to be
illegal or unenforceable, the validity of the remaining provisions shall not be affected, and such
part, term or provisions shall be deemed modified to the extent necessary to make it legal and
enforceable, but if such modification is not possible, the right and obligations of the parties shall
be construed and enforced as if this Contract did not contain the particular part, term or
provisions held to be illegal or unenforceable. Notwithstanding the foregoing, if such
modification or elimination would materially and adversely alter the rights or obligations of a
party, such party may terminate this Contract by written notice to the other.
17. ENTIRE CONTRACT. This Contract is the complete expression of the parties'
agreement, and supersedes any prior or contemporaneous oral representations, understandings, or
agreements.
18. NO WAIVER. The failure of either party to insist on strict compliance with any
of the terms, covenants, or conditions of this Contract by the other party shall not be deemed a
waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right
or power at any one time or times be deemed a waiver or relinquishment of that right or power
for all or any other times.
19. NOTICES. Any notice to be given hereunder by either party shall be in writing
and shall be deemed to be fully given on the date of service if served personally on the party to
whom notice is to be given, or on the third day after mailing if sent by certified or registered
mail, return receipt requested, at the address of the party as it appears beneath its signature
below.
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IN WITNESS WHEREOF, the parties have executed this Contract as of the date and
year first written above.
HEALTHCARE DELIVERY, INC. JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Shannon Young, President Date
10415-35 1h Lane SE
Olympia, WA 98513
jsyoung3@msn.com
APPROVED AS TO FORM:
Q,,t -31
David Alvarez, Date
Chief Civil Deputy Prosecuting Attorney
ATTEST:
Carolyn Avery, Date
Deputy Clerk of the Board
Kathleen Kier, Chair
P.O. Box 1220
Port Townsend, WA 98368
jeffbocc@co.jefferson.wa.us
SHERIFF
David Stanko, Sheriff
79 Elkins Road
Port Hadlock, WA 98339
dstanko@co.jefferson.wa.us
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Date
Date
EXHIBIT A
Scope of Services:
HDS will provide inmate health care services for the Jefferson County Jail in accordance with
applicable standards of the American Medical Association (AMA), the State of Washington, and
the National Commission on Correctional Health Care. These include, but are not limited to, the
following:
Twenty-four (24) hour phone triage and consultation by an Advanced Registered Nurse
Practitioner or Medical Doctor for a monthly retainer as shown in the Compensation
Schedule with unlimited phone access; provided that an additional after-hours charge per
phone call as shown in the Compensation Schedule may be billed to the County by HDS for
calls between the hours of 10:00 PM and 6:00 AM. Response time will generally be within
less than five minutes of facility's call; however, due to technological problems with pagers
and cell phones on the road, it may be longer than five minutes and response time may be up
to 20 minutes. Any medical matter that requires urgent response will be promptly evaluated
and managed by phone.
2. Advanced Registered Nurse Practitioner with prescriptive privileges will attend the Jail once
each week and use telemedicine once each week, to conduct Sick Calls for inmates, review
all new inmate intake forms and inmate requests (kites), direct appropriate care and "Special
Needs Treatment Planning" for chronic health problems, conduct medical history/physical
exams as appropriate within NCCHC timeframes, and make referrals as necessary to other
providers. This service will be billed for a 10 hour per week minimum as shown in the
Compensation Schedule. Hours in excess of 10 hours per week will be billed hourly as
shown in the Compensation Schedule with a one hour minimum for scheduled sessions.
Unscheduled sessions will be billed a two hour minimum. Services shall also include:
(1) Weekly evaluation and ordering of necessary medical supplies and pharmaceuticals.
(2) Utilization review of all billings.
(3) Training of Jail staff, as recommended by HDS, and authorized by Jail administration.
(4) A monthly schedule of sick call coverage will be supplied to jail administration by the
25th of the previous month. The schedule is subject to approval by jail administration.
At least twice a month, and more frequently as necessary, a Psychiatric Advanced Registered
Nurse Practitioner will review inmate medical records to direct necessary Mental Health
services, prescribe and review necessary psychiatric medications, and prepare Mental Health
discharge plans prior to release of inmates with mental health conditions. This service will
be billed for a 16 hour per month minimum as shown in the Compensation Schedule. Hours
in excess of 16 hours per month will be billed hourly as shown in the Compensation
Schedule, with a one hour minimum.
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4. A Medical Doctor will visit the Jail at least once each quarter. This service will be billed for
a 2 hours per month minimum as shown in the Compensation Schedule. Hours in excess of 6
hours per quarter be billed hourly as shown in the Compensation Schedule with one hour
minimum for scheduled sessions. Unscheduled sessions will be billed a two hour minimum.
5. HDS will provide an Administrative Registered Nurse who is a Certified Correctional Health
Professional, and will provide clerical support, as necessary to administer this Contract and
to provide documentation on the adequacy of care. This service will be provided for a total
billing of one hour for the Administrative RN and one hour for clerical support, as shown in
the Compensation Schedule.
6. Initial set up and implementation of services are included at no additional charge, and
include:
(1) Policy and procedure review, update, or development per the National Commission
on Correctional Health Care Standards (NCCHC), or WASPC Standards at no
additional charge, prior to commencing medical services. This will include a
standard intake form and screening protocols in accordance with NCCHC standards
to be used by Jail staff to record proper information on medical conditions, mental
condition, and use/dependence on drugs and/or alcohol.
(2) Necessary medical chart format review, update, or development at no additional
charge.
(3) Offender Health Plan review, update, or development.
(4) Orientation for staff at first scheduled sick call, to include company manual with
guidelines for contacting HDS, at no additional charge.
7. As requested, onsite Registered Nurse coverage can be provided, and will be billed hourly as
shown in the Compensation Schedule with one hour minimum for scheduled sessions.
Unscheduled sessions will be billed a two hour minimum.
8. As requested by the Jail administration, HDS can contract negotiation for pharmaceutical
services or contract negotiations with outside providers, and provide quality management and
administrative support as requested, billed hourly as shown in the Compensation Schedule.
9. HDS will provide documentation of current and future renewals of state licensure, licensure
and malpractice insurance as per Contract for all practitioners.
10. Practitioners will provide specialized medical equipment necessary to perform sick call (i.e.
stethoscopes, sphygmomanometers; otoscopes, ophthalmoscopes, percussion hammers, etc.).
11. Medical records will be maintained according to "Section 6. Confidential Information" of the
Contract, and per policy to assure confidentiality.
12. HDS health providers will promote community health and prevention of communicable
disease within the Jefferson County Jail, by providing timely and appropriate health care and
education to inmates.
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Compensation Schedule: April 1, 2016 -March 30, 2017
Mot* SdiOduled Charges by HDS
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I A Services
Scheduled
For Adult Advanced Registered Nurse Practitioner and Medical Doctor only, travel
time to and from regularly scheduled visits to the Jail shall not be counted for
determining "additional hours" above monthly scheduled charges.
Contract Maximum for services April 1, 2016 — March 31, 2017:
Scheduled Charges: $7,357.67 x 12 = $ 88,292
Contingency for Per Unit Charges: up to: $ 8,708
Contract maximum 4/1/16-3/31/17: $ 97,000
HDS shall bill for the monthly scheduled charges and applicable additional hours and per unit
charges, as per this Contract.
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EXHIBIT B
Jefferson County Jail 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. All charts, medications and medical supplies will
be appropriately secured.
2. Inmate transport to and from the medical area, and 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.
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