HomeMy WebLinkAboutEllensburg Family Medicine - Complete copy with AmendmentsPROFESSIONAL SERVICES AGREEMENT
This Agreement is made by and between Kittitas County (hereinafter "the County")
and Ellensburg Family Medicine (hereinafter "Contractor"). The County and Contractor
agree as follows:
General Conditions; Exhibit A (Scope of Work); Exhibit B (Compensation), -
Exhibit C (Proof of Insurance).
copies of which are attached hereto and incorporated herein by this reference as fully as if
set forth herein.
The term of this Agreement shall commence on the date this agreement is signed.
Any party may terminate this Agreement by giving thirty (30) days' notice in writing either
Personally delivered or mailed postage -prepaid by certified mail return receipt requested,
to the party's last known address for the purposes of giving notice under this paragraph.
Contractor acknowledges and by signing this Agreement agrees that the
Indemnification provisions set forth in Paragraphs 7 (Independent Contractor), 9 (Taxes),
15 (Defense and Indemnity Agreement), 29 (Patent/Copyright Infringement) and 24
(Confidentiality), are totally and fully part of this Agreement and have been mutually
negotiated by the parties.
Professional Services Agreement (Form rev. 0912412o18)
Page 1 of 21
IN WITNESS WHEREOF, the parties have executed this Agreement this day
of, . 2021
Ellensburg Family Medicine COUNTY OF KITTITAS
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FOm-Issloner
COUNTY OF KITTITAS
SHERIFF'S OFFICE
Clay Mytrs, Sherl T
ATTEST;
- lt Board- Julie�Kj'
rsvik
❑ Deputy Clerk of the Board- Mandy
Buchholz
Contractor Address:
Ellensburg Family Medicine
2156 Payne Rd
Ellensburg, WA 98926
Contractor Contact:
Zach Deffinbaugh
Professional Services Agreement (Form rev 09/24/2018)
Page 2 of 21
APPROVED AS TO FORM:
Douglas R. Mitchell
Deputy Prosecuting Attorney
County's Address:
Kittitas County
205 West 51" Avenue, Suite 108
Ellensburg, WA 98962
Project Contact:
Steve Panattoni, Superintendent
509-962-7627
GENERAL CONDITIONS
1. Scoge of Contractor's Services:
Contractor agrees to provide to the County services and any materials set forth in the project
narrative identified in Exhibit "A" during the Agreement period. No material, labor, or facilities
will be furnished by the County, unless otherwise provided for in the Agreement.
2. Performance of Work:
Contractor shall perform work in accordance with, and shall comply with, all of the provisions
of this Agreement. All work shall comply with applicable codes and ordinances.
3. Schedule of Performance:
Unless directed otherwise by the County, Contractor shall perform the work in accordance
with any schedules made a part of this Agreement.
4. Definitions:
4.1 "Additional Insureds" means the County, its successors and assigns, and
the respective directors, officers, employees, agents and representatives of
the County and its successors and assigns.
4.2 "Support" means the following: Contractor's directors, officers, employees,
agents and representatives; and sub -Contractors of any tier; the respective
directors, officers, employees, agents and representatives of these sub -
Contractors of any tier; and any other person or entity acting under the
direction or control of, or on behalf of, Contractor or any Contractor's sub -
Contractors of any tier in connection with or incident to the performance of the
Work or this Agreement.
4.3 The "Work" means all of the duties listed in Exhibit A and the performance of
all other obligations, under this Agreement by Contractor or its Support.
5. Accountina and Payment for Contractor Services:
Payment to the Contractor for services rendered under this Agreement shall be as set forth
in Exhibit "B". Where Exhibit "B" requires payments by the County, payment shall be based
upon billings, supported unless otherwise provided in Exhibit "B", by documentation of units
of work actually performed and amounts earned, including where appropriate, the actual
number of days worked each month, total number of hours for the month, and the total dollar
payment requested. Unless specifically stated in Exhibit "B" or approved in writing in
advance by the Kittitas County Board of Commissioners, the County will not reimburse the
Contractor for any costs or expenses incurred by the Contractor in performance of this
Agreement.
Where required, the County shall, upon receipt of appropriate documentation, compensate
the Contractor, no more often than monthly, through the County voucher system, for the
Contractor's service pursuant to the fee schedule set forth in Exhibit "B".
Professional Services Agreement (Form rev. og124/201$)
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6. Assignment and Subcontracting:
No portion of this Agreement may be assigned or subcontracted to any other individual, firm
or entity without the express and prior written approval of the County.
7. Inde endent Contractor:
The Contractor's services shall be furnished by the Contractor 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 Contractor as an
independent Contractor.
The Contractor acknowledges that the entire compensation for this Agreement is specified
in Exhibit ' B" and the Contractor is not entitled to any 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.
Contractor will defend, indemnify and hold harmless the County, its Additional Insureds,
officers. agents or employees from any loss or expense, including but not limited to
settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or
demands because of breach of the provisions of this paragraph
8. No Guarantee of Employment:
The performance of all or part of this Agreement by the Contractor shall not operate to vest
any employment rights whatsoever and shall not be deemed to guarantee any employment
of the Contractor or any employee of the Contractor or any sub -Contractor or any employee
of any sub -Contractor by the County at the present time or in the future.
9. Taxes:
The Contractor understands and acknowledges that the County will not withhold Federal or
State income taxes. Where required by State or Federal law, the Contractor authorizes the
County to make withholding for any taxes other than income taxes (i.e. Medicare). All
compensation received by the Contractor will be reported to the Internal Revenue Service
at the end of the calendar year in accordance with the applicable IRS regulations. It is the
responsibility of the Contractor to make the necessary estimated tax payments throughout
the year, if any, and the Contractor is solely liable for any tax obligation arising from the
Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify
the County against any demand to pay taxes arising from the Contractor's failure to pay
taxes on compensation earned pursuant to this Agreement.
The County will pay sales and use taxes imposed on goods or services acquired hereunder
as required by law. The Contractor must pay all other taxes including, but not limited to:
Business and Occupation Tax, taxes based on the Contractor's gross or net income, or
Professional Services Agreement (Form rev. 09/24/2018)
Page 4 of 21
personal property to which the County does not hold title. The County is exempt from
Federal Excise Tax
10. Re ulatrons and Recluirement.
This Agreement shall be subject to al laws, rules and regulations of the United States of
America, and State of Washington, and political subdivisions of the State of Washington,
and to any other provisions set forth herein or in the attached exhibits.
11. Right to Review -
This contract is subject to review by any Federal or State auditor. The County or its designee
shall have the right to review 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 to the 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 performance of work under this
Agreement for 6 years after contract termination, and shaii make them available for such
review, within Kittitas County. State of Washington, upon request
12. Modifications:
12.1 Either party may request changes in the Agreement. Any and all agreed
modifications shall be in writing, signed by each of the parties.
12.2 The County may, at any time, by written notice thereof to Contractor ('Change
Notice") makes changes in the Work within the general scope of this
Agreement, including, but not limited to, (a) changes in, revisions to,
substitutions for, additions to or deletions of any Work; (b) changes in
schedule; and (c) acceleration, deceleration or suspension of performance of
any Work.
12.3 If any change in the Work causes an increase or decrease on Contractor's
cost of, or the time required for, performance of the Work, an equitable
adjustment in the compensation to Contractor and in the schedule for the
performance of the Work shall be made to reflect such an increase or
decrease.
12.4 Notwithstanding any dispute or delay in arriving at a mutually acceptable
equitable adjustment, Contractor shall proceed in accordance with all Change
Notices. Contractor must, within thirty (30) days after receipt of any Change
Notice that does not set forth any acceptable adjustment, submit to the County
a written statement setting forth any adjustment claimed.
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12.5 If any change results in a decrease in the Work performed, Contractor shall
be entitled to compensation associated with changing the Work, such as
revising design already completed, revising calculations already performed,
and revising documents.
13. Termination for Default:
If the Contractor defaults by failing to perform any of the obligations of the Agreement or
becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency
or makes an assignment for the benefit of creditors, the County may, by depositing written
notice to the Contractor in the U S mail, postage prepaid, terminate the Agreement, and at
the County's option, obtain performance of the work elsewhere. If the Agreement is
terminated for default, the Contractor shall not be entitled to receive any further payments
under the Agreement until all work caked for has been fully performed. Any extra cost or
damage to the County resulting from such default(s) shall be deducted from any money due
or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by
the County in completing the work, and all damage sustained, or which may be sustained
by the County by reason of such default.
If a notice of termination for default has been issued and it is later determined for any reason
that the Contractor was not in default, the rights and obligations of the parties shall be the
same as if the notice of termination had been issued pursuant to the Termination for Public
Convenience paragraph hereof.
14. Termination for Public Convenience:
The County may terminate the Agreement in whole or in part whenever the County
determines, in its sole discretion that such termination is in the best interests of the County.
Whenever the Agreement is terminated in accordance with this paragraph, the Contractor
shall be entitled to payment for actual work performed at unit contract prices for completed
items of work. In the event of such termination, an equitable adjustment shall be made in
the compensation payable to Contractor.
An equitable adjustment in the contract price for partially completed items of work will be
made, but such adjustment shall not include provision for loss of anticipated profit on deleted
or uncompleted work. Termination of this Agreement by the County at any time during the
term, whether for default or convenience, shall not constitute a breach of contract by the
County.
15. Defense & Indemnitv A reement:
The Contractor agrees to and shall defend, indemnify and hold harmless the County, its
Additional Insureds, appointed and elective officers, agents and employees, from and
against all loss or expense, including but not limited to judgments, settlements, attorney's
fees and costs by reason of any and all claims and demands upon the County, its Additional
Insureds, 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
Professional Services Agreement (Form rev. 09124/2018)
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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
Contractor, its sub -Contractors, its elected officers, employees or their agents, except only
such injury or damage as shall have been occasioned by the sole negligence of the County,
its Additional Insureds_ appointed or elected officials, agents, or employees. it is further
provided that no liability shall attach to the County by reason of entering into this contract,
except as expressly provided herein.
16. Industrial Insurance Waiver
With respect to the performance of this Agreement and as to claims against the County, its
Additional Insureds, officers, agents and employees, the Contractor expressly waives its
immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act,
for injuries to its employees and agrees that the obligations to indemnify, defend and hold
harmless provided in th's agreement extend to any claim brought by or on behalf of any
employee of the Contractor. This waiver is mutually negotiated by the parties to this
Agreement.
17. Venue and Choice of Law.
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
18. Withholding Payment.
In the event the Contractor has failed to perform any obligation to be performed by the
Contractor under this Agreement within the time set forth in this Agreement, then the County
may, upon written notice, withhold al: monies due and payable to Contractor, without
penalty, until such failure to perform is cured or otherwise adjudicated.
19. Future Non -Allocation of Funds:
If sufficient funds are not appropriated or Mocated for payment under this Agreement for
any future fiscal period, the County will not be obligated to make payments for services or
amounts incurred after the end of the current fiscal period. No penalty or expense shall
accrue to the County in the event this provision applies.
20. Contractor Commitments, Warranties and Representations:
The Contractor represents and warrants to the County as follows:
20.1 The Contractor is duly incorporated, validly existing and in good standing
under the laws of the State of Washington and has all requisite corporate
power and authority to enter into and to perform its obligations under this
Agreement.
20.2 The Contractor has the authority to execute this Agreement, to make the
representations and warranties set forth in it and to perform the
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obligations of the Contractor under this Agreement in accordance with its
terms.
20.3 This Agreement has been validly executed by an authorized
representative of the Contractor and constitutes a valid and legally
binding and enforceable obligation of Contractor.
20.4 The Contractor has or will obtain prior to the commencement date such
licenses, permits and other authorizations from federal, state and other
governmental authorities, as are necessary for the performance of its
obligations under this Agreement.
20.5 The Contractor is not in violation of any applicable law, ordinance or
regulation the consequence of which will or may materially affect
Contractor's ability to perform its obligations under this Agreement. The
Contractor is not subject to any order or judgment of any court, tribunal or
governmental agency which materially and adversely affects its
operations or assets in the State of Washington, or its ability to perform
its obligations under this Agreement.
20.6 None of the representations or warranties in this Agreement, and none of
the documents, statements, certificates or schedules furnished or to be
furnished by Contractor pursuant hereto or in connection with the
performance of the obligations contemplated under this Agreement,
contains or will contain any untrue statement of a material fact or omits or
will omit to state a material fact necessary to matte the statements of fact
contained therein not misleading.
21. PatentlCop,rLright Infringement:
Contractor will defend and indemnify the County from any claimed action, cause or demand
brought against the County; to the extent such action is based on the claim that information
supplied by the Contractor infringes any patent or copyright The Contractor will pay those
costs and damages attributable to any such claims that are finally awarded against the
County in any action. Such defense and payments are conditioned upon the following-
21.1 Contractor shall be notified promptly in writing by County of any notice of such
claim.
21.2 Contractor shall have the right, hereunder, at its option and expense, to obtain
for the County the right to continue using the information, in the event such
claim of infringement is made, provided no reduction in performance or loss
results to the County_
22. Disputes.
22.1 General
Differences between the Contractor and the County, arising under and by
virtue of the Agreement Documents shall be brought to the attention of the
County at the earliest possible time in order that such matters may be settled
or other appropriate action promptly taken. Except for such objections as are
made of record in the manner hereinafter specified and within the time limits
Professional Services Agreement (Form rev 09/24/2018)
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stated, the records, orders, instructions, and decisions of the Kittitas County
Commissioners shall be final and conclusive
222 Notice of Potential Claims
The Contractor shall not be entitled to additional compensation which
otherwise may be payable, or to extension of time for (1) any act or fai'ure to
act by the County, or (2) the happening of any event or occurrence, unless
the Contractor has given the County a written Notice of Potential Claim within
ten (10) days of the commencement of the act, failure, or event giving rise to
the claim, and before final payment by the County. The written Notice of
Potential Claim shall set forth the reasons for which the Contractor believes
additional compensation or extension of time is due, the nature of the cost
involved, and insofaras possible, the amount of the potential claim. Contractor
shall keep full and complete daily records of the work performed, labor and
material used, and all costs and additional time claimed to be additional.
22.3. Detailed Claim
The Contractor shall not be entitled to claim any such additional
compensation, or extension of time, unless within thirty (30) days of the
completion of the portion of the work from which the claim arose, and before
final payment by the County, the Contractor has given the County a detailed
written statement of each element of cost or other compensation requested
and of all elements of additional time required, and copies of any support,ng
documents evidencing the amount or extension of time claimed to be due.
23. Ownership of Items Produced:
All writings, programs: data, pub/c records or other materials prepared by the Contractor
and/or its consultants or sub -Contractors, in connection with performance of this Agreement
shall be the sole and absolute property of the County.
24. Confidentiality.
The Contractor, its employees, sub -Contractors, and their employees shall maintain the
confidentiality of all information provided by the County or acquired by the Contractor in
performance of this Agreement, except upon the prior written consent of the Kittitas County
Prosecuting Attorney or an order entered by a court after having acquired jurisdiction over
the County. Contractor shall immediately give to the County notice of any judicial
proceedings seeking disclosure of such information. Contractor shall indemnify and hold
harmless the County, its Additional Insureds, officials, agents or employees from all loss or
expense, including, but not limited to settlements, judgments, setoffs, attorneys' fees and
costs resulting from Contractor's breach of this provision.
To the extent that any information obtained by the Contractor is required to be shared with
or provided to others by the terms of the Statement of the Work, this provision is not
breached by such acts.
Professional Services Agreement (Form rev 0912412018)
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25. Notice:
Except as set forth elsewhere in the Agreement, for all purposes under this Agreement,
except service of process, notice shall be given by the Contractor to the department head
of the department for whom services are rendered, and to the Kittitas County
Commissioners, 205 W 5ii' Ave, Suite 108, Ellensburg, WA 98926. Notice to the Contractor
for all purposes under this Agreement shall be given to the address reflected on the
signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first class,
postage prepaid.
26. Severability:
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 or application To
this end, the terms and conditions of this Agreement are declared severable.
27. Miscellaneous:
27.1 The County's failure or delay to insist upon strict performance of any of the
provisions of this Agreement or to exercise any rights or remedies under this
Agreement shall not be construed as a waiver or relinquishment to any extent
of its right to assert or rely upon any such provisions, rights or remedies in that
or any other instance; rather the same shall be and remain in full force and
effect.
27.2 This Agreement embodies the entire Agreement between the County and
Contractor, and supersedes any and all prior agreements, regarding the
Work. No change, amendment or modification of any provisions of this
Agreement shall be valid unless set forth in a written instrument signed by the
party to be bound thereby.
27.3 The rights and remedies of the County set forth in any provision of this
Agreement are in addition to and do not in any way limit any other rights of
remedies afforded to the County by any other provisions of this Agreement,
by any of Contractor's Support or by law.
27.4 The headings of sections and paragraphs of this Agreement are for
convenience of reference only and are not intended to restrict, affect or be
of any weight in the interpretation or construction of the provisions of such
sections or paragraphs_
27.5 This Agreement will be automatically renewed yearly for a period of one
additional year unless either party gives 120 calendar days advanced
notice of its indication not to renew. The rate of compensation shall
increase by the same amount as the Consumer Price Index (CPI) or five
(5) percent annually, which is ever is less. The rate of compensation shall
not be decreased by any decrease in the CPI.
Professional Services Agreement (Form rev. 09/24/2018)
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28. Waiver:
Waiver of any breach or condition of this Agreement shall not be deemed a waiver of any
prior or subsequent breach. No terms or conditions of this Agreement shall be held to be
waived, modified or deleted except by an instrument, in writing, signed by the parties hereto.
29. Survival:
The provisions of paragraphs 7, 9 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 28, 30,
31, and 32 shall survive, notwithstanding the termination or invalidity of this Agreement for
any reason.
30. Nondiscrimination:
30.1 The County is an equal opportunity employer
30.2 Nondiscrimination in E= npt ment
In the performance of this Agreement, the Contractor will not
discriminate against any employee or applicant for employment on the
grounds of race, creed, color, national origin, sex, sexual orientation,
marital status, age or the presence of any sensory, mental or
physical handicap; provided that the prohibition against discrimination
in employment because of handicap shall not apply if the particular
disability prevents the proper performance of the particular worker
involved. The Contractor shall ensure that applicants are employed, and
that employees are treated during employment without discrimination
because of their race, creed, color, national origin, sex, sexual orientation,
marital status, age or the presence of any sensory, mental or physical
handicap. Such action shall include, but not be limited to employment,
upgrading, demotion or transfers, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation. and
programs for training including apprenticeships. The Contractor shall take
such action with respect to this Agreement as may be required to ensure
full compliance with local, state and federal laws prohibiting discrimination
in employment.
30.3 Nondiscrimination in Services
The Contractor will not discriminate against any recipient of any services
or benefits provided for in this Agreement on the grounds of race,
creed, color, national origin, sex, sexual orientation, marital status, age or
the presence of any sensory, mental or physical handicap
30.4 If any assignment and/or subcontracting has been authorized by the
County, said assignment or subcontract shad include appropriate
safeguards against discrimination. The Contractor shall take such action
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as may be required to ensure full compliance with the provisions in the
immediately preceding paragraphs herein.
31. Prevailin Wage:
Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics
employed in the performance of any part of the Work in accordance with RCW 39.12
and the rules and regulations of the Department of Labor and Industries. The schedule
of prevailing wages rates for the locality or localities of the Work is determined by the
Industrial Statistician of the Department of Labor and Industries. It is the Contractor's
responsibility to verify the applicable prevailing wage rate. It is understood that the
Contractor is responsible for obtaining and completing all required government forms
and submitting same to the proper authorities
Disputes regarding prevailing wage rates shall be referred for arbitration to the Director
of the Department of Labor and Industries. The arb;tration decision shall be final and
conclusive and binding on al' parties involved in the d°spute as provided for by RCW
39.12.060.
32. Debarment Certification.
The Contractor certifies that it:
32.1 Is not presently debarred, suspended, proposed for debarment declared
ineligible or voluntarily excluded from covered transactions by any Federal
department or agency.
32.2 Has not within a three-year period preceding the execution of this contract
with Kittitas County, been convicted of or had a evil judgment rendered
against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public or private
agreement or transaction, violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, tax evasion, receiving
stolen property, making false claims, or obstruction of justice.
32.3 Is not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of
the offenses enumerated in paragraph 32.2 of this section.
32.4 Has not within a three-year period preceding the preceding the execution
of this contract with Kittitas County had one or more public transactions
(Federal, State, or local) terminated for cause of default.
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EXHIBIT "A"
SCOPE OF WORK
In addition to providing all material and labor, the Contractor shall perform the following -
Provide on -site medical care to the inmate population within the Kittitas County Jail (KCJ)
that appropriately approximates the care offered to citizens in the local community up to
five (5) days per week, not to exceed twenty (20) hours.
Provide fully qualified professional healthcare staff to deliver healthcare services under
this contract.
Provide on -call service from a Qualified Healthcare Professional (QHCP) — i.e. the
Physician's Assistant / Nurse Practitioner to the facility on a 24 hours per day, seven days
per week, 365 days per year basis.
Set up meetings between the Contractor and the Kittitas County Jail to discuss all inmates
with ongoing serious healthcare issues. Cases of significance will be given special
attention in the transition to avoid interruptions in appropriate care.
Develop a written, individualized treatment plan for inmates requiring close medical care or
supervision (e.g. those inmates with chronic or convalescent care, suicidal tendencies or
a history of seizures, etc.) The treatment plan will include directions to healthcare and other
personnel in care and supervision of the patient, as well as any required pharmacological
support.
Perform an inventory, with the KCJ staff, of all existing equipment and supplies
immediately upon takeover of contract responsibilities.
Review current and prior medical problems; screen for mental illness, dental issues,
sexually transmitted disease, tuberculosis, drug and alcohol use and many other
conditions found in the general public as well as those more prevalent in correctional
healthcare.
Strictly adhere to Nursing and Care protocols appropriate to correctional facilities and
inmate populations.
Obtain, at Contractor's own expense, all licenses and/or certifications necessary to render
medical and health services within the Kittitas County Jail. Contractorwill ensure that all its
employees rendering services possess all licenses and/or certifications necessary to
render medical services within the jail.
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Intake screening daily and official medical intake on appropriate inmates after 72 hours,
perform TB testing and urine drug tox screening (KCJ to provide urine cups) in
accordance with intake protocol. Hep A or other laboratory testing can be facilitated as
needed.
Review initial medical and mental health screenings conducted in the Booking/intake
area by health trained KCJ staff, including Mental Health Questionnaire (including
suicidal assessment) and the Health History Screening. Appropriate action will be taken
to verify prescription medications, consult with the inmate's private healthcare provider
and address immediate problems of newly admitted inmates to the KCJ. Contractor
staff will be available on a 2417 on call basis for review of screenings in the event that
an inmate presents with a medical problem, to determine if the inmate should be
accepted into KCJ or referred to another appropriate healthcare service provider.
The initial screening will include, but is not limited to:
• Medical history of current and prior illness and health problems including
mental health, dental, communicable and chronic diseases;
• Drug/alcohol use; including types, methods, amounts, frequency, date/time of
last use, and history of problems related to stoppage;
• Current medications;
• Body deformities including scars, marks and tattoos, and assessment of the
ability to perform activities of daily living and status of ambulation;
• Condition of skin including trauma markings, bruises, lesions, jaundice, rashes,
infestations, discharge, needle marks or other indications of drug abuse;
• Behavior, including state of consciousness: m e n t a I status, appearance,
conduct, tremors, and sweating,
• History of suicidal ideation, tendency or attempts;
Based on the information gathered, Contractor will make recommendations that may
include, but are not limited to.
• Referral to an emergency healthcare facility;
• Placement in the general inmate population and referral to the normally scheduied
healthcare services at the jail facility;
• Placement in isolation
• Placement in observation area (awaiting psychiatric evaluation); ;
Professional Services Agreement (Form rev 09/24/2018)
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Perform a PPD on each inmate when medically appropriate, unless medically
contraindicated. The TB test will be read by an appropriately trained QHCP and
recorded in the inmate's medical record. Any inmate with positive skin -test reactions
or with a history of positive reactions or who is symptomatic will be given a chest x-
ray within 96-hours of skin test reading or identification of history or ofsymptoms
Perform TB testing for each staff member working in the Kittitas County Ja°1 once a
year.
Complete health appraisal physical examinations of all newly arriving inmates within
14 calendar days of arrival at KCJ. Health appraisal physical examinations will include
but are not limited to:
Review of the screening/intake forms b
• y medical and mental health staff;
• Recording of vital signs, height, weight, etc.;
• Complete medical history and physical examination;
• Mental Health screening;
• Dental screening;
• Vision and Hearing screening;
• Blood sampling for screening and urine sampling as needed,
+ Initiation of therapeutic measures when appropriate;
• Other tests and examinations as indicated;
• Proper signatures, co -signatures, dates and times.
Health appraisal physical examinations of female inmates will include the following
additional assessments:
• Inquiry about menstrual cycle and menstrual bleeding including abnormalities,
current use of contraceptives, presence of an IUD, breast masses and nipple
discharge, and possible pregnancy.
Any abnormal results of the health appraisal examination will be reviewed by the
physician for appropriate disposition.
Perform an annual examination for all inmates remaining at the Kittitas County Jail
for over a one-year period. This examination will occur as close as possible to the
365th day of detention.
Perform a physical examination on each inmate working in the kitchen before he/she
can begin work for food service or in an inmate trustee position.
Provide procedural guidance, initial direction and periodic inspection and evaluation
of the administration of medication activities performed by non -medical personnel
Professional services Agreement (Form rev. 09124/2018)
Page 15 of 21
within KCJ.
Provide designated members of the KCJ staff with training for administering
medications, including recognition of response to drug reactions and unanticipated
side effects. Contractor will be on premises at the KCJ on a periodic schedule and
will be available by telephone if circumstances require such response.
Conduct Sick Call Clinic on a regular basis for inmates desiring or needing medical
attention. Clinic will be conducted as directed by the doctor that is hired and in
accordance with State of Washington standards.
All inmates requesting care will receive a response on the next scheduled QHCP visit.
Physician or Mid -level provider (PA/NP) sick call will be conducted weekly on a regularly
scheduled basis.
Respond immediately to healthcare emergencies that occur in the KCJ when requested
by KCJ staff. A Physician/PAINP will be on -call to the KCJ on a twenty-four (24) hour,
seven (7) day a week basis to aid in the determination of whether or not an inmate
requires transfer to the nearest hospital facility.
Coordinate with a local hospital for routine outpatieni/inpatient services to meet the
healthcare requirements of inmates at the KCJ that cannot be provided within the facility
but will not be financially responsible for the cost of such care. Contractor will work closely
with the KCJ staff to keep off -premises inmate healthcare visits at as low a level as
possible. In every case possible Contractor will utilize telephone consultations, in-house
evaluations, and other available methods to identify and address health issues before
they become critical. In critical care situations, the Contractor, when on -site, will triage the
patient whenever possible before activating emergency medical transport. In the event
that an inmate must be hospitalized, Contractor will follow the course of the admitted
inmate, communicate with the attending physician and nurses and return the inmate to
the KCJ as soon as practical.
Make referral arrangements with other medical specialists for treatment of those inmates
with medical problems that extend beyond the scope of services provided onsite,
including special laboratory tests, x-rays and other ancillary services.
Develop and implement a program for the care of chronic -care inmates. The chronic care
provided will entail the development of an individual treatment plan by the responsible
physician specifying instructions on diet, medication, and diagnostic testing. Chronic care
inmates will be provided a review by a physician minimally every three (3) months and at
greater frequency when medically indicated.
Professional Serv,ces Agreement (Form rev. 09/24/2018)
Page 16 of 21
Review all medical records of inmates prior to their scheduled transfer from KCJ for
expiration of sentence and, if necessary, will refer to the appropriate community medical
facility at no cost to the County. A medical record review will also be conducted for
inmates who are released for reasons othe• than expiration of sentence. Records
reviewed in all instances described above will be stamped with the following information
Date; Referral Made, By and To Whom; Signature of Reviewer
All records will be reviewed no later than 96 hours after date/time released
Develop a procedure for obtaining and sending pertinent medical information to and
from emergency facilities and outside specialty consultants and for inmates that are
transferred to other detention facilities. These procedures will comply with all applicable
Federal and State privacy laws with respect to sending and receipt of medical information
Ensure that accurate, comprehensive, legible up-to-date medica, informat on is
maintained on each inmate under its care All medical records will be considered
confidential. Procedures will be instituted for the receipt and filing of all reports and
documentation from outside consultations, emergency room visits. and inpatient
hospitalizations. The Contractor will maintain current medical records on at'KCJ inmates
and necessary medical records will accompany the inmates to all medical consultation,
appointments and sick calls. Copies of medical records or a summary of medical records
will be forwarded with the inmate when transferred to another facility. Contractor will
release medical records only as required by KCJ procedures and all applicable Federal,
State and Local law(s). Contractor will sign and adhere to the provisions of the Business
Associate Agreement attached hereto and incorporated by reference as a component of
compliance with confidentiality standards
Comply with the KCJ health services policies, procedures, and medical protocols
approved by the Jail Superintendent. As required, Contractor will facilitate the
development and implementation of new and revised policies, procedures, and medical
protocols. As requested, Contractor will also assist in the development and refinement of
current policies Comply with and complete required CJIS Security Awareness Training.
Meet with Jail Superintendent or his designee to discuss healthcare on a monthly basis.
Submit statistical reports to KCJ by the 15th of each month. This report will include month
and year-to-date figures for the following areas- intake screenings, physicals, emergency
room visits, hospitalizations, inmates released prior to physical. HIV, PPO, RFR, VORt_
tests administered and positive status of same.
Professional Services Agreement (Form rev 09/24I201 B)
Page 17 of 21
Establish a formulary for the pharmaceuticals used to treat the most common conditions
Provide the County with Contractor's standard Medical Policies and Procedures Manual.
Any needed changes to this manual will be incorporated at the start of this Agreement.
The Medical Policies and Procedures Manual will be reviewed periodically in cooperation
with the Jail Superintendent, and any needed changes incorporated into the manual.
Contractor will not provide acute & chronic psychiatric care including medication
management unless the psychiatric medication is used for a non -psychiatric medical
reason.
Professional Services Agreement (Form rev. 09/24/2018)
Page 18 of 21
EXHIBIT "B"
COMPENSATION
As full compensation for satisfactory performance of the work described in Exhibit "A",
including but not limited to onsite medical care up to five (5) days per week, not to exceed
20 hours per week, and on -call medical service on a 24 hours per day, seven days per week,
365 days per year basis_ The County shall pay Contractor compensation not to exceed
$100,000.00 annually or $8,333.34 per month.
The above described compensation does not include the following costs, to be determined
by agreement of the County and Contractor:
• X-ray services not to exceed Medicaid rates.
+ If labs are drawn by Contractor and are not acute in nature, fees will be assessed
by using Contractor's reference Laboratory (LabCorp) current patient fee schedule
not to exceed Medicaid rates.
• Other supplies not provided by the County will be provided at cost plus 15%.
• Visits trade at Contractor's facilities.
Invoices from Contractor for services rendered under this Agreement shall be sent to the
following:
By Mail: Kittitas County Sheriffs Office
Attn: Accounts Payable
307 W. Umptanum Rd
Ellensburg, WA 98926
Or e-mail: —shfiscal@co_kittitas_wa.us
Professional Services Agreement (Form rev. 09/24/2018)
Page 19 of 21
EXHIBIT "C"
PROOF OF INSURANCE
The Contractor shall secure and maintain in effect at all times during performance of the
Work such insurance as will protect Contractor, its Support and the Additional Insureds
from all claims, losses, harm, costs, liabilities, damages and expenses arising out of
personal injury (including death) or property damage that may result from performance of
the work or this Agreement, whether such performance is by Contractor or any of its
Support.
All insurance shall be issued by companies admitted to do business in the State of
Washington and have a rating of A-, Class VII or better in the most recently published
edition of Best's Reports unless otherwise approved by the County. If an insurer is not
admitted, all insurance policies and procedures for issuing the insurance policies must
comply with Chapter 48.15 RCW and 284-15 WAC.
The Contractor shall provide proof of insurance for:
Commercial General Liability Insurance
Coverage limits not less than:
• $5,000,000 per occurrence
• $1,000,000 personal and advertising injury, each offense
• Certificate Holder — Kittitas County
• The Certificate must name the County as additional insured
• Sixty (60) days written notice to the County of cancellation of the insurance
policy
® Commercial Automobile Liability Insurance (if ANY use of vehicle in performance)
Automobile Liability for owned, non -owned, hired, and leased vehicles (MCS 90
endorsement and a CA 9946 endorsement must be attached if pollutants' are to be
transported)
Coverage limits not less than:
• $1,000,000 combined single limit
IF Thirty (30) days written notice to the County of cancellation of the insurance
policy.
® Professional Liability (Medical Malpractice)
The Contractor providing professional services shall provide evidence of
Professional Liability Insurance covering professional errors and omissions_ Such
policy must provide the following minimum limits:
■ $1,000,000 per claim
■ $2,000,000 annual aggregate
Professional Services Agreement (Form rev 09124/2018)
Page 20 of 21
■ If insurance is on a claims -made form, its retroactive date, and that of all
subsequent renewals, shall be no later than the effective date of this
Agreement
® Workers' Compensation in amounts required by law.
Contractor shall furnish the County a Certificate of Insurance to include the Pol: y
Endorsements/Exclusions as evidence that policies providing insurance required by this
Agreement are in full force and effect Contractor hereby waives all rights of recourse,
including any right to which another may be subrogated, against Kittitas County for
personal injury, including death, and property damage. Contractor's insurance policies
required above shall be primary insurance and shall be non-contributing with any
other insurance maintained by Kittitas County_
The Contractor shall assume full respons,bility for a'I loss or damage from any cause
whatsoever to any tools. Contractor's employee -owned tools. machinery, equipment, or
motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers
or contractors
The Contractor shall have sole responsibility for ensuring the insurance coverage and
limits required are obtained by subcontractors.
NOTE: No contract shall form until and unless a copy of the Certificate of
Insurance with Endorsements/Exclusions, properly completed and in the amount
required, is attached hereto.
Failure of the Contractor to fully comply with the above insurance requirements during
the term of the Agreement shall be considered a material breach of contract and cause
for immediate termination of the Agreement at the County's discretion. Alternatively, the
County may procure and maintain, at the Contractor's sole expense, insurance to the
extent deemed proper up to the amount of the required coverage(s). The County may
offset the cost of such insurance against payment due to the Contractor under this
Agreement.
Professional Services Agreement (Form rev. 09124/2018)
Page 21 of 21
Bu-SINESS A.S.SOC'JATF ADDENNDf M
EXHIBIT "D" TO TIDE: COrNTRAC'T TO WHICH IT IS ATTAC'HW
This Addendum is incorporated into the contract to %vhich this document is attached bct►\,�cii
ICittitas County 11'a1511iltgton Oil heltalfafthe Office or Dcpartntent thereof("C'avered 1-ntit�")
and the other party or parties thereto ("Business Associate"). The singular shall include tl'-e plural
and the plural the singular as required by the context.
The BIISiness Associate acknowled-es and agrees that Protected I lealth Inlijrmation (I'fI1) in , v
format, including electronie P111 (epl-11), cart be used, shared, created, reEained or transferred
only within the parameters of this document and the Department of llcalth and 1 lunlarl Services
Privacy ReLlulations, C'odc of Federal Regulations. ("C'FR"), Title 45, Sections 160 and 164. or
as required by law.
CFR Title 45, Sections 160 and 164 and any applicable Washington stitittc�ry la« ("RCW"t or
Administrative Code ("WAC"') provision (Federal and State statutoly 01- regulatory standards
applicable to this adden(ltun are collectively referred to as "Jaw") are by wily of reference, an
integral part of this Addendum as if incorporated in full. Business Associate is ch'ai-ed %vith the
knowledge of and agrees to abide by the teniii and conditions of law. To the extent that any
applicable provision of RCW or WAC provides for or mandates any stattd:ird differing from
those orFederaf la1A, the standard "'Ore reshictive Ol'disclOstire shall control subject to fedcral
preemption; this applies throughout this Addendum without regard to any liia-tft4r etplicit
reference to RCW or WAC provisions.
This AddendLini is effectiVC upon signing of this attachment or the contract to t%hich It Is
attached, whichever is prior in time.
I. PURPOSE
The Covered Entity needs to make available and/or disclose to the Business Associate eettain
PHI for management, administration, and legal responsibilities during, the normal course of
business between the parties as referenced in the contract or otheraareement to t\--hich this
document is attached and incorporated by reference. This document is intended to define and
incorporate but ltot limit the obligations of the BttSiness Associate with regard to its use and
protection of that PHI.
H. RESPONSIBILITIES OF BUSINESS ASSOCIATE
The Business Associate hereby agrees to do the following:
A. Use and Disclosure: Use and/or disclose PHI only as permitted or required by this
Addendum, Health Insurance Portability and Accountability Act (HIPAA), and the
Health Information Technology for Economic and Clinical Health Act (Division A, Title
alll of the American Recovery and Reinvestment Act of 2009, Pub. Laic If 1-5, 2009
HR 1) ("HITECH"). The Business Associate shall use and disclose PIII only if Snell Ilse
or disclosure, respectively, is in compliance with each applicable requirement of 45 C1`R
§ 164.504(c) or other law. The Business Associate is directly responsible for full
B. A. A. Attachment Page t of 5
C011111hancc with the privacy provisions of law that apply [,) the Business Associate to the
sarlle extent as the Covered Fruity,
A. Secur-it1,: 41111)1enient administrative. physical. and technical sal-eguards that reasonably
and appropriately protect the confidentiality, integrity, and availability of the PHI that it
creates, receives, nlaitltarils, 01, translllits on behalf of the Covered Entity as required by
la". The Business Assoc:iatC is directly responsible for conlpliatice tvitll the security
provision; of HIPAA and i-IITECH to the sarlle extent as rile Covered Entity.
C. Improper Disclosures: Report ,all unauthorized or otherwise improper disclosures of PI I I,
or security incident, to the Covered Entity within two (2) days Of the Business
Associate's knowledge of such event.
D. Notice of Breach: Within two (2) business clays of the disco%cry of a breach its defined at
45 C'FIR § 164.402 notify [he Covered Entity of any bre,ich of unsecured PHI. Noti ricati oil
shall by the most rapid rneans reasonably possible, such as tclephorlic notice made
directly to an appropriate person within the covered entity and not including a voice mail
or similar menage. written notification shall fol]Ok� within that two (2) period by Fax and
be confirmed by diiect contact with the intended recipient, and include the identification
of arch individual whose unsecured PHI has been, or is reasonably believed by the
Busrrle.S,S Associate to have been, accessed, acquired, or disclosed during such breach; a
brief description of what happened. including the date ofthe breach and the date ofthe
discovery of the breach. i f known: a description of the types of unsecured PHI that were
involved in the breach (such as whether fill] rlatne, social security number, date of -birth,
home address. tnccount number, diagnosis, disability code, or other types of information
were involved); any step,, individt_ralti should take to protect themselves frorn potential
harm resulting from the breach, a brief description of what the Business Associate is
doing to investigate the breach, to mitigate harm to individuals, and to protect against any
fitillier breaches; the contact procedures of file Business Associate for individuals to ask
questions or Darn additional information, which shall include a toll tree dumber, an e
mail address, Web site, or postal address; and any other intonation required to be
provided to the individual by the Covered Entity pt.n-suant to 45 CFR § 164, 404, as
amended. A breach shall be treated as discovered in accordance -v►'ith the terms of 45 CFR
5164 410. The information shall be updated promptly and provided to [lie Covered Entity
its requested by the Covered Entity,
E. Mitigation: Mitigate, to die extent practicable, any harmful effect that is known to
Business Associate of a use or disclosure of PHI by Business Associate it] violation of the
requirements of this Addendum or the law.
F. A+dents: Ensure that any agent, including all of its employees, representatives, and
subcontractors, to whore it provides PHI received from, or created or received by
Business Associate on behalf of Covered Entity agrees to the same restrictions and
B. A. A. Attachment Page 2 of 5
conditions that apply through thiti Addendum to Rttsines, Associate �% iEll respect to Such
information.
G. Risdht ofAccebs:
Front time to time upon reasonable advan:-'c notice, or upon a reasonable
determination by Covered Fntity that Business Associate has potentially or actually
breached this Addendum, make internal practices, books, and records relating to thi
use and disclosure of PHI received from, or created or received by Business Associate
on behalf of Covered Entity available to the Covered Entity, or at the request of the
Covered Entity to the Secretary of Depailnlent of Health and I lutllan Services. for the
purpose of determining_ compliance with I[IPAA, HITECH, and"or this Addendum.
From time to Lillie upon reasonable advance notice, or upon a reasonable
determination by Covered Entity that Business Associate has potentially or actually
breached this Addendum, to pennit Covered Entity to respond to a request by an
Individual For an accotlntin4g of disclosures of PHI in accordance with 45 CFR
164.528, or to permit Coacred Entire to respond to it request by an Indi\ ideal for
acccss to PHI in accordance with 45 CFR § 164.524.
IL DOCUIllClllation of Disclosure,: Document such ditiCIOstn'eS of PHI and information
related to such disclosures its would be regUired for Covered Entity to respond to a
rcqucst by an Individual For ail accounting oFdisclosures of PI If in accordance with 45
CFR § 164.52s. Should an individual make it request to Covered Entity For an accounting
ofdisclosures of his or her PHI pLu'suant to 45 C'FR § 164.528. Buyiftess Associate agrees
to promptly provide an accounting, as specified under42 U.S.C. § 17935(c) (1) and 45
CFR § 164.528. of disclosures of PHI that have been tnade by the Business Associate
acting on behalf of the Covered Entity. The accounting shall be provide([ by the Business
Associate to the Covered Entity or to the individual, as directed by the Covered Entity.
I. Amendments: Make any amendments to PHI that the Covered Entity directs or agrees to
pursuant to 45 CFR § 164.526 at the request of Covered Entity, within five (5) business
days of written request by Covered Entity.
J. Other; To the extent the Business Associate is to carry out one or more of the covered
entities obligations under Subpart E oF45 CFR 164, comply with the requirements of
Subpart E that apply to the covered entity in the performance of such obligations.
III. PERNAITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE
A. Except as otherwise limited in this Addendum or by law, Business Associate may use
Protected Health Information for the proper management and administration of the
Business Associate or to carry out the legal responsibilities of the Business Associate -
The Business Associate shall limit its use and disclosure of, and requests for, PHI to the
(minimum necessary as determined in accordance with 42 U.S.C. 5 17935(b)(I ),
B. A. A Aaachment Page 3 of 5
B. Except as otherwise Ilmited in this AddendL1111 or Icy lass'. BLIMIICSs Associate 111,1v ti,c
PFII to provide Data Aggregation services to C'ovel-ec1 Entity as permitted by 45 CTR §
164.504.(c)(2)(i)(R ).
IV. TERM AND TERMINATION
A. 'ferns: This Addendunl shall bk:conlc effecti%c on the Effective Date and shall continue In
effect until all obligations (if the parties have been Diet, unless terminated as provided
herein or by mutual agreement of the parties
B. Termination for Cause: Upon Covered Entity's knowledge of a material breach by
Business Associate, Covered Entity may provide an opportunity for Business Associate
to cute the breach or end the violation and terminate this Addendum i f Business
Associate does not cure the breach or end the violation u. ithin ti%-e (5) business clays of
rcccipt of written notice by the Covered Fntity, or insnsediately tel-nsiDate this Addendum
if Business Associate has breached a material term of this Addendum and cure is not
possible.
C. ()[her- Termination: This Addendum may be terminated by Covered Entity without catusc
ulwn thirty (30) days prior NN ritten notice to the other party, which notice shall specify the
date ol'tenminatiols.
D. Effect of Termination: Except as provided in paragraph B. of tlsis Section, upon
ten-ninatlon of this Addendum, for any reason, Business Associate shall return or destroy
all PHI received front Covered Entity, or created or received by Business Associate oil
behalf of Covered Entity. This provision shall apply to PHI that is in the possession of
subcontractors or agents of Business Associate Business Associate shall retain no copies
of the PI 11. Destruction must be by means that meet or exceed the standards of law.
In the evctst that Business Associate determines that returning or destroying tlue PHI is
not feasible. Business Associate shall extend the protections ol'this Addendum Io such
PHI and limit fur'therdiSCIOSUi'es ol'such PHI to those purposes that make return or
destruction infeasible, for so long as Business Associate maintains such PHI. Btisime,s
Associate must provide written notice of the conditions that make return or destruction
not feasible-, if Covered Entity does not eorlct r in that assessment. Business Associate
Shall return or destroy the PHI within five (5) business days,
V. MISCELLANEOUS
A. Defense and Indemnification: Business Associate shalt defend, indemnify and hold
harmless Covered Entity from and against all claims, liabilities, Judgments, fines,
assessments. penalties, awards or other expenses, of any nature Whatsoever, including
without limitation attorneys' fees, expert witness fees, and costs of investigation,
litigation, or dispute resolution, relating to or arising out of any breach of this Addendum
by Business Associate, its employees, officers, agents, or sub -contractors. This provision
B. A. A. Attachment Page 4 of 5
is ;npplcnwntal to and to he interpreted and applied in a 111:illller Collalbtent with, arty
indemnification provision of the agreement to which this Addendtnll is attached.
B. Reimbursement for Costs Incurred Due to Rreach: Business Associate shall reimburse
Covered Entity, WlthOtlt 111111tatioll, for all costs of investigation, dispute: 1-cs011.1tion,
notification of individualS, the media, and the government, and expenses incurred in
responding to any Audits or other investigation relating* to or arisint,, out ofa breach of'
unsecured P111 by the Business Associate, including; nlimm[loll.
C. Re ul{uuly References: A reference in this Addendum to a Section in the Department of
I lealth and I luman SCIVICCS Privacy Regulations, CFR, Title 45, Sections I oo and 164
]llealls the Section as ill effect or as amended, and for which compliance is required.
D. Amendment: (_ imiges in the law are alltolllatically Incorporated herein v%ithout need fm
explicit xn1C`ndlilent. The Parties agree this this Adduldunl may be amended from lime to
time if otherwise necessary for Covered FntitY to comply with the requirements of the
Department of Health and HUrnatl Services Privacy Regulations, CFR, Title 45. Sections
160 and 164 and other prov isioils of lava.
E. Notices: Whenever Covered Entity or BLISille�s Assoc ale is required to give notice to the
other pal-ty, notice shall 17e Ill writing, posted in the US Marl, and deemed delivered alter
three (3) business days except as described ill 11. D„ above.
h. Survival: The obligations of the 13tviiness Associate: shall sure ive the termination ol*this
Addendum.
Iilterpretation: Any ambiguity ill this Addendum shall be resolved in favor ofa 111eaninL
thalt permits Covered Entity to comply with the Department of Health and If
Services Privacy Regulations, CFR, Title 45, Sections 160 and 164 and other provisions
of lava. Any provision of the Underlying Agreement that is directly coil tradictoly to one
car more terms of this Addendum is superseded by the terms of this Addendtnll to the
extent necessary for the parties' compliance With HLPAA.
B A. A. Attachment Page 5 of 5
MODIFICATION OF THE EXISTING PERSONAL SERVICES AGREEMENT WITH
ELLENSBURG FAMILY MEDICINE DBA COMPASS DIRECT FOR THE KITTITAS
COUNTY JAIi_
This Agreement, effective as of the date signed below, is made by and between Kittitas
County (hereinafter "the County") and Ellensburg Family Medicine DBA CompassDirect
("Contractor"). The County and Contractor agree as follows:
That the existing Agreement, previously entered between the parties on December 7t",
2021, shall be modified as allowed by section 12 (twelve) of that agreement. The
purpose of this Modification is to allow for a nurse to be hired to help with coverage at
the jail due to the increase of services and increase the total amount paid to the
Contractor. Hiring a nurse to help with coverage at the jail will allow the Contractor to
provide additional services for the jail (see below for additional services that would be
added). The total cost to the Contractor will increase from no greater than $100,000
annually to no greater than $235,000 annually, reflecting an estimated cost of the
additional personnel and services of $135,000. This will be paid from the same fund
Scope of work:
1. Distribute medicine to the inmates at their designated times
2. Chart review and audit
3. Triage of any acute needs
4. Records requests and reviews
5. Assistance with implementation of the electronic medical records system
6. Provide in -facility lab draws (also done by other staff from their office)
i. These services can be done in the jail with no need to transport
inmate to KVH
ii. Pricing is substantially lower than KVH (See attached price
comparison)
7. Provide in -facility X-ray services (also done by other staff from their office)
i. Contractor will contract with FASTEX, a local x ray company out of
Yakima
ii. FASTEX can perform images in the jail with no need to transport
inmate to KVH
iii. Pricing is substantially lower than KVH imaging center (See
attached price comparison)
Compensation:
1. Provide nursing services at tale jail an average of 25 hours/week.
a. Hours will be 0730-1030 and return to the jail at 1400-1600
b. On call jail needs between 1030 and 1400
i. This should cover two - medication distribution events daily and
preparation for sick call for the following day in addition to some
MODIFICATION OF THE EXISTING PERSONAL SERVICES AGREEMENT WITH ELLENSBURG FAMILY MEDICINE
DBA COMPASS DIRECT FOR THE KITTITAS COUNTY JAIL
Page 1
IN WITNESS WHEREOF [lie parties have exPciited this Agreement this
_.. 2022
Ellensburg Family Medicine
100 W 3,a Ave.
E lensburg WA 989 6
ach Dell' a h, Executive Director
(Date .k __
APPROVED:
I
day of
BOARD OF COUNTY COMMISSIONERS
KIT�TITAS COUNTY, Ellensburg WA 98926
wairl,
any' -,
r
ABSENT
Vice -Chairman
Comriiissioner
County of Kittitas, Sheriffs Office
Clay Myers. S eriff'
Glerk of the Board
ATTEST: Apved-a to Form:
D. R. Mitchell, , SBA # 22877
UClerk of the Board- Julie Kjorsvik Deputy Prosecuting Attorney
❑ Deputy Clerk of the Board- Mandy Buchholz
Page
SECOND MODIFICATION OF THE EXISTING PROFESSIONAL SERVICES
AGREEMENT WITH ELLENSBURG FAMILY MEDICINE dba COMPASSDIRECT
HEALTHCARE FOR THE KITTITAS COUNTY JAIL
This Agreement, effective as of the date signed below, is made by and between Kittitas
County (hereinafter "the County") and Ellensburg Family Medicine dba CompassDirect
Healthcare ("Contractor"). The County and Contractor agree as follows;
That the existing Agreement, previously entered between the parties on December 7,
2021 and modified June 312022, shall be additionally modified as allowed by section
12 (twelve) of that agreement. The purpose of this modification is to expand services to
include weekend coverage at the jail and increase the total amount paid to the
Contractor. The total amount payable to the Contractor will increase from $236,000
annually, as reflected in the June 31,2022 modification, to no more than $310,000 -
reflecting a cost increase of up to $75,000. This increase will be funded by existing
grant awards and Its continuation contingent upon those awards being renewed.
Scope of work:
1. Assume responsibility of Suboxone med pass for the jail, and weekend
coverage of 1st med pass.
2. Triage any acute needs while on site providing aforementioned weekend
services.
All terms, conditions, attachments, documents, and exhibits, including the term of the
agreement as described in the original Agreement are incorporated herein by this
reference as fully as If set forth herein.
IN WITNESS WHEREOF, the parties have executed this Agreement this day of
2023.
Ellensburg Family Medicine
100 W 31d Ave.
Ellensburg WA 98926 r
ch Den , DNP, Owner
(Date 2 }
APPROVED:
BOARD OF COUNTY COMMISSIONERS
Kittkas CounEv. Washy-
Chafrman
Ffl
Brett Wachsmith, Vice-Chainnan
our s z, Commissioner
11 C+0rrrrrr
Kittitas Courdy Sheriffs Office
- 1 = Clay Mfers, Sheriff
cj
Approved as Form:
By: I
' D. R. Mitchell, WSBA # 22 7
.0 Clerk of the Board- Julie Kjorsvik Deputy Prosecuting Atto y
❑ Deputy Clerk of the Board- Mandy Buchholz
Page