HomeMy WebLinkAboutSH16-001 Health Service AgreementThe Kittitas
County Sheriff's Office
Health Services Agreement For
The Year 2015 ~ 20"6
This Agreement is between Kittitas County through Kittitas County Sheriff's Office (hereinafter "Sheriff's
Office")and Central Washington Comprehensive Mental Health (hereinafter the "Provider")and shall be
in effect from the date signed by both parties until December 31,2016.The Sheriff orthe Provider may
terminate this contract provided that at least thirty (30)days written notice is given in advance of
termination. Exceptions may bemade ifthe Sheriff deems removal isnecessary. This contract shall be
to provide Mental Health care within KCCC as outlined below:
Definitions:
A. Practitioner: presumptively aPsychiatric Advanced Registered Nurse Practitioner (P-ARNP)'a
person who holds a current, valid license to practice assuch inWashington State as defined in
RCW7l.05.020 and who has prescriptive authority. The Provider may substitute another
licensed medical professional whose license status includes prescriptive authority sufficient to
implement and maintain existing prescriptions appropriate to the mental health condition of
inmate patients.
Contract Provisions:
I. The Provider will supply aqualified Practitioner who will provide Mental Health related medical
assessment and treatment to inmates of the KittitasCounty Corrections Center (KCC )aucording
10established professional protocols and within their licensed capabilities, based onthe
assessment and recommendations made bythe Mental Health Professional and/or other
professionals who have evaluated the inmate. The Practitioner shall work three (3)hours on
alternating Thursday afternoons, starting with the first Thursday after the effective date ofthis
contract. The three hour period shall not start earlier than noon or end later than 1700 (5:00
PM) on those days. Provider and KCCC agree that variations within and deviations from the
currently intended schedule that do not change the number of hours of service provided may be
informally agreed upon due to the nature of KCCC operations, weather conditions, and other
circumstances beyond the control of the parties. Provider may delegate appropriate authority to
the Practitioner to address such necessary deviations, The KCCC on -duty supervisor shall be the
designated point ofcontact for such communications.
2. Qualified Substitute: Provider may, with advance notice to the Sheriff's Office, if the designated
Practitioner is not available for any reason, provide a substitute for the Practitioner of equal or
greater qualifications. The period of notice shall be as much as reasonably possible, consistent
with the circumstances that require the substitution. It is the intent of the parties that a specific
substitute be designated and utilized to the greatest extent possible so that continuity of care is
maintained and the background investigation referred to in Provision Eleven (ll) maybe
conducted in a timely manner.
3. After passage of the scheduled time previously agreed upon pursuant to Provision I (one), any
additional time required for patient care shall be charged at an hourly rate described below or
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portion thereof in fifteen (15) minute increments as actually provided. Travel time of 30
minutes in each direction shall be compensated at the same hourly rate described below.
4. Each inmate shall have access to sick call by providing a written Request for Medical Services,
signed by the inmate requesting the service. Those Requests for Medical Service that do not
require the services of the Practitioner shall be returned to the Duty Supervisor for action.
Indigent inmates shall not be denied access to medical care.
5. Payment for prescription medications shall be the responsibility of the inmate receiving the
medication. Medications to sustain life or to prevent life threatening medical problems shall be
permitted. All medications shall be at the expense of the inmate. Those medications for
conditions other than life threatening shall be provided only if the inmate has funds to pay for
such medications. The final decision as to the necessity of any medication pursuant to this
provision shall be made by the Practitioner substitute.
6. The Practitioner shall be responsible for logging all patients seen and completing the Kittitas
County Corrections Center Medical Services Log as well as individual patient charting. The
Practitioner shall provide medical referral and obtain medical consultation as necessary.
7. The Provider shall provide telephone consultation to Corrections Staff regarding emergency
inmate medical needs outside of regular sick call hours, but such telephone consultation shall be
limited to the hours of 8:00am to 9:00pm daily. Such telephone calls may be billed with a five
(5) minute minimum of $2.50 per telephone call as actually provided. There will not be an
actual call schedule, but as available. All other calls shall be referred to the local emergency
room for assistance.
8. The compensation to Provider for these services is as follows: $125.00 per hour.
In the event the Practitioner is subpoenaed to court regarding care given at the Kittitas County
Corrections Center the hourly rate shall be paid for actual time spent preparing for court and
testifying. The Practitioner shall be responsible for keeping an accurate and detailed time card
accounting for all billable time. Time cards are turned in once a week and paid on or about the
Sth of the next month.
The Provider and Sheriff's office agree that in the event that no inmates have requested to be
seen by the Practitioner, the "sick call" for that day as scheduled pursuant to Provision one (1)
of this Agreement may be cancelled by telephone with two (2) hours notice and that there will
be no charge for that cancelled sick call. For the purposes of this Provision, the Sheriff's office
official responsible for the determination and cancellation shall be the assigned Corrections
Center Duty Supervisor for the shift during which the sick call is scheduled.
9. Kittitas County shall indemnify and hold harmless the Provider, its agents or employees from and
against all loss or expense, including but not limited to judgments, settlements, reasonable
attorney's fees and costs by reason of any and all claims and demands upon the medical provider
for damages because of personal or bodily injury, including death at any time resulting therefrom,
sustained by any person or persons and on account of damage to property including loss of use
thereof, due to the negligence of Kittitas County, the Kittitas County Sheriffs office, its elected
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officers, employees, volunteers, or other agents except such injury or damage as shall have been
occasioned by the sole negligence or willful misconduct of the Provider, its agents or employees.
Kittitas County has insurance to cover the Provider during such times as the P -ARNP or qualified
substitute is treating inmates of the Kittitas County Corrections Center pursuant to this
agreement. Such insurance shall not cover patients who were not Kittitas County Corrections
Center inmates and that were treated by the Provider outside of the Corrections facility.
Provider shall defend, indemnify and hold harmless Kittitas County, the Sheriffs office, its
appointed and elective officers, agents and employees, from and against all loss or expense,
including but not limited to judgments, settlements, reasonable attorney's fees and costs by reason
of any and all claims and demands upon the County, the Sheriffs Office, its elected or appointed
officials, agents or employees for damages because of personal or bodily injury, including death at
any time resulting therefrom, sustained by any person or persons and on account of damage to
property including loss of use thereof, whether such injury to persons or damage to property is due
to the negligence of the Provider, its subcontractors, its elected officers, employees or their agents,
except only such injury or damage as shall have been occasioned by the sole negligence of Kittitas
County, the Sheriffs Office, appointed or elected officials, agents or employees. It is further
provided that no liability shall attach to Kittitas County by reason of entering into this contract,
except as expressly provided herein.
10. The Sheriff's Office, through the Kittitas County Corrections Center, shall maintain basic medical
supplies and items, which shall be used in the treatment of inmates of the facility. Such supplies
shall include prescription forms, over the counter medications, first aid supplies, topical agents
and such other supplies as deemed appropriate by the Provider. The Provider may delegate its
role in this process to the P -ARNP.
11. The Practitioner shall be subject to a Background Investigation as determined by the Sheriff; this
may include a polygraph test (see RCW 49.44.120). This will be conducted by whomever the
Sheriffs Office deems qualified to complete. This can be done prior and anytime after the
contract is signed by the Provider. The P -ARNP or qualified substitute may be subject to such
background investigation or any part thereof more than once.
12. In the event that any litigation should arise concerning the construction or interpretation of any of
the terms of this Agreement, the venue of such action of litigation shall be in the Superior Court of
the State of Washington in and for the County of Kittitas. This Agreement shall be governed by the
law of the State of Washington.
13. All services pursuant to this Agreement shall be furnished by the Provider as an independent
contractor and nothing herein contained shall be construed to create a relationship of employer-
employee or master -servant, but all payments made hereunder and all services performed shall be
made and performed pursuant to this Agreement by the Provider as an independent contractor.
The Provider acknowledges that the entire compensation for this Agreement is specified in Sections
7 and 8, and that neither the Provider nor Practitioner is entitled to any Kittitas County benefits
including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other
insurance benefits, or any other rights or privileges afforded to Kittitas County employees.
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Provider will defend, indemnify and hold harmless Kittitas County, the Kittitas County Sheriff's
Office, their officers, agents or employees from any loss or expense I including but not limited to
settlements, judgments, setoffs, attorneys' fees orcosts incurred by reason of claims or demands
because ofbreach of the provisions of this paragraph.
14. Either party may request charges in the Agreement. Any and all agreed modifications shall be in
writing, signed by each of the authorized agents of the parties.
15. Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except
service of process, notice shall be given by the Provider to the Corrections Commander, Kbtitas
County Corrections Center, 205 W.Sth Ave. Suite #1.,and tothe KittitasCounty Commissioners, 205
VV5 thAve, Suite 108, Ellensburg., WA 98926. Notice to the Provider for all purposes under this
Agreement shall be given to the address or telephone number as the case may be reflected on the
signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first class,
postage prepaid.
16. If any term or condition of this Agreement or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications
which can be given effect without the invalid term, condition orapplication. Tothis end, the terms
and conditions ofthis Agreement are declared severable.
17. Waiver of any breach or condition of this Agreement shall not be deemed a waiver of any prior or
subsequent breach. Noterms orconditions ofthis Agreement shall beheld tobewaived, modified
ordeleted except byaninstrument, inwriting, signed bythe parties hereto.
18. This written contract represents the entire Agreement between the parties and supersedes any
prior oral statements, discussions or understandings between the parties.
19. This Agreement is subject to public disclosure laws. This contract is subject to review by any
Federal orState auditor. The County orits designee shall have the right toreview and monitor the
financial and service components of this program by whatever means are deemed expedient by the
County. Such review may occur with or without notice, and may include, but is not limited to, on-
site inspection by County agents or employees, inspection of all records or other materials which
the County deems pertinent tothe Agreement and its performance, and any and all
communications with or evaluation by service recipients under this Agreement. The Contractor
shall preserve and maintain all financial records and records relating to the per-formance of work
under this Agreement for 6 years after contract termination, and shall make them available for such
review., within Kittitas County, State of Washington, upon request.
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Dated this day of
Gene Dana, Sheriff
Gary Berndt
Commissioner Chair
Obie O'Brien
Commissioner Vice -Chair
Paul Jewell
Commissioner
ATTEST:
. ..... . ... -
Central Washington Comprehensive Mental Health Clerk of the Board
220 W. 4th. Ave.
Ellensburg WA 98926
lc -e, UJCPZQ�� APPROVED AS TO FORM:
Printed Name
A
Mjtc
11
D Mitc E D. lip WSBA # 22877 Deputy Prosecuting Attorney
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