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HomeMy WebLinkAboutHealthcare Delivery, Inc. - 081621 i(p ?).76- PROFESSIONAL SERVI CES CONTRA CT HEALTHCARE DELIVERY,INC. This Professional Services C on t r a c t (the "Contract") is entered into this day of July, 2021 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 S ervices. 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 C 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 has assumes responsibility for providing Jail inmate medical care under this Contract commencing on August 1,2021. This Contract shall expire on July 31,2022. 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 B, for an annual total compensation in the first year of this Contract not to exceed $245,680.00.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 1 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 ofthis 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, 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 30`h 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 reasonable satisfaction of the County. Moreover, in the event HDS has failed to perform any substantial obligation t o 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 ofthis Contract means faithfully fulfilling the terms ofthe 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, either 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 ofthe 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 ofthe 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. HDS shall have a non-exclusive license to review, generate, and use that information during the term ofthis Contract. b. For purposes of this Contract, the tet in "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. 2 c. For purposes of this Contract, the term "personal information" also includes "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. 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 HDS through this Contract. e. HDS agrees not to release, divulge, publish, transfer, sell, or otherwise make known "personal information" without the express written consent ofthe subject person, the County, or as provided by law. f. HDS agrees to indemnify and hold harmless the County for any court costs,attorney's fees, or damages related to or arising from HDS's unauthorized use or disclosure of`personal information". g. To the extent required by law, HDS shall certify the return or destruction of all "personal information" upon expiration ofthis Contract. h. Any breach of this Section by HDS may result in termination of this Contract in a manner consistent with Section 15 ofthis 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. 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 ofthe persons performing the Services shall be deemed to be an 3 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 maintained by or for the benefit of HDS under Section 12 of this Contract shall in no event exceed the total compensation paid to Consultant hereunder. Any action for breach ofthis 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 harmless 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 of Washington 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 evidencing the insurance required by this clause prior to the commencement of the Services. 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. 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.HDS shall procure and maintain for the life of the Contract, Workers Compensation Insurance, 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 the subject of mutual negotiation. 4 B. Commercial General Liability 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. This insurance coverage shall indicate on the certificate of insurance the following coverage: Broad Form Property Damage with no employee exclusion; Personal Injury Liability, including extended bodily injury; Broad Form Contractual/Commercial Liability Premises - Operations Liability (M&C); Independent Contractors and Subcontractors; and Automobile with a minimum limit per occurrence of$1,000,000 for personal injury and property damage. This insurance shall indicate on the certificate of insurance the following coverage: Owned automobiles; Hired automobiles; and, Non-owned automobiles C. 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. Any deductibles shall be declared to and approved by the County prior to the approval of the Contract by the County. HDS shall include all subcontractors as insureds 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, or shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification. 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 Li ability Coverage ("MLC") provided to it by the W CRP 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 perform ed 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 M LC to the County shall be primary to any professional liability/medical malpractice insurance HDS is required to obtain and maintain pursuant to this Contract. 5 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. 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 ofthe 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 performed through the date of termination. 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 provision shall be deemed modified to the extent necessary to make it legal and enforceable, but if such modification is not possible, the rights and obligations ofthe parties shall be construed and enforced as f this Contract did not contain the particular part,term. or provision 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. 20. DEBARMENT. HDS certifies that is is not presently debarred, suspended or proposed to for debarment, declared ineligible, or voluntarily excluded from participation in this Contract by any Federal department or agency_ 21. SUBSTANCE USE PROHIBITIONS. While performing services, the use of illegal drugs, alcohol, or controlled substances on County property or premises is strictly 6 prohibited. HDS's employees shall not perform services while under the influence of drugs or alcohol, and if discovered,may be reported to the appropriate law enforcement agency. 22. TOBACCO USE. The use of tobacco of any kind on property or premises of the County shall comply with County policies. 23. COUNTERPARTS. This Contract may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Contract at different times and places by the parties shall not affect the validity of this Contract, so long as all the parties execute a counterpart of this Contract. IN WITNESS WHEREOF, the parties have executed this Contract as of the date and year first written above. 7 SIGNATURE PAGE COUNTY: JEFFERSON COUNTY BOA OF MMISSIONERS Kate an,Chair • He* • • nh ur,Member _ireg ro erton, ember ATTEST: 6aba Carolyn Gal May,Clerk of the BoAd Date: A. , only: `1- Phi ip "unsue er Date: August 8,2021 Chief Civil Deputy Prosecutor County Notice Address: Jefferson County Sheriff's Office 81 Elkins Road Port Hadlock,WA 98339 HDS: Healthcare Delivery, Inc. • hannon Slack Its: President Notice Address: 9039 Silverspot Drive SE Tumwater,WA 98501 8 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: 1. 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. 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: (I) 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 for the previous month. The schedule is subject to approval by jail administration. 3. At least one day per week, 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 32 hour per month minimum as shown in the Compensation Schedule. Hours in excess of 32 hours per month will be billed hourly as shown in the Compensation Schedule, with a one hour minimum. 9 4. A Medical Doctor will visit the Jail at least once each quarter. This service will be billed monthly at the rate of one-twelfth of the annual amount shown on Table C of Exhibit B. 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. These services will be billed monthly at the rate of one-twelfth of the annual amounts shown on Table C of Exhibit B. 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. This section will be reviewed and updated annually with each renewal of the agreement. (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. Once per billing cycle, HDS will provide statistical information on services rendered under this agreement in the format for an excel sheet provided by the county. 9. All inmate grievances/complaints pertaining to medical treatment/services associated with this agreement will be answered in accordance with County policy by HDS. Monthly statistics of all grievances filed (those with and without merit) will be maintained. HDS will implement County recommendations in any disputed grievances. 10. 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. 11. HDS will provide documentation of current and future renewals of state licensure, licensure and malpractice insurance as per Contract for all practitioners. 10 12. Practitioners will provide specialized medical equipment necessary to perform sick call (i.e. stethoscopes, sphygmomanometers; otoscopes, ophthalmoscopes, percussion hammers, etc.). 13. Medical records will be maintained according to "Section 6. Confidential Information" of the Contract, and per policy to assure confidentiality. 14. 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. 11 EXHIBT B AGREEMENT PRICE,AND STAFFING PLAN Year One Contact Information Healthcare Delivery Shannon Slack Systems 9039 Silvers pot Drive SE Tumwater WA 98501 Owner/President (360) 742-6882 jsyoung360@gmail.com 1. Personnel Rates: Table A: Nursing/Registered Nurse/Staff Nurse $70.00 Provider/MSN/Advanced Registered Nurse Practitioner $125.00 Provider/MSN/Psych Nurse Practitioner $125.00 Provider/PHD/Medical Doctor $150.00 12 EXHIBIT B (Continued) Table B Staffin Nursin• Staff M,T,W,Th,Fri 25 1,300 $91,000.00 ARNP Two da s a week 10 520 $65,000.00 Ps ch ARNP/ARNP One da a week 8 416 $52,000.00 ARNP/RN Phone Covera•e M,T,W,TH,Fri,Sat,Sun 168 8736 $12,000.00 Table C Administrative Services Medical Director $15,600.00 Administrator $6,720.00 Clerical $3,360.00 RFP EXHIBIT B—TOTAL COST Administrative Cost $25,680.00 Annual Personnel Costs $220,000.00 13 EXHIBITC 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. 14 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley,County Administrator FROM: David Fortino DATE: August 16, 2021 SUBJECT: Jail Inmate Medical Services Agreement STATEMENT OF ISSUE: Jail Inmate Medical Services agreement between Jefferson County Jail and Health Care Delivery Systems Inc. for purposes of providing medical services to the inmate population. ANALYSIS: This agreement is for a one-year term with the option of one-year renewal periods for up to four subsequent years. FISCAL IMPACT: $24680.00 RECOMMENDATION: It is recommended that the board approves this contract amendment. REVIEWED BY: *4.1/ 57 10 2, �Ph • c ou>nty Administrato Date CONTRACT REVIEW FORM (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Health Care Delivery Systems Inc. JCSO20210803 (Name of Contractor/Consultant) Contract No, COUNTY DEPARTMENT: Contact Person: David Fortino Contact Phone: 360-344-9743 Contact email: dfortino aC�.co.iefferson.wa.us AMOUNT: $245,680.00 PROCESS: Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: $245,680.00 _ Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s)of Matching Funds Vendor List Bid RFP or RFQ Other: APPROVAL STEPS: STEP 1:DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: El N/A:U David Fortino Da9ea20Yf Q8#D08 7AT00' 8/4/2021 Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: Q N/A: ❑ David Fortino D'y "7s�""'x°a"�4F° / Date:2(12'•.QA.p4 t�li:5e55-0T'00' 8/4/2021 Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 8/4/2021. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 8/8/2021. Nice job fixing the packet! STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1