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HomeMy WebLinkAboutHealth Care Delivery SystemsPROFESSIONAL SERVICES CONTRACT HEALTH CARE DELIVERY SYSTEMS THIS CONTRACT, made and entered into this day by and between THE COUNTY OF MASON, a municipal corporation , hereinafter "COUNTY", and HEALTH CARE DELIVERY SYSTEMS, hereinafter "AGENCY". WHEREAS, the COUNTY desires to have health care services performed as hereinafter set forth requiring specialized skills and other supportive capabilities; and WHEREAS, the AGENCY presents that they are qualified and possess sufficient skills and the necessary capabilities, including technical and professional expertise where required, to perform the services set forth in this Contract and NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, the parties agree as follows: I. SERVICES A. The AGENCY shall perform such services and accomplish such tasks necessary for full performance as are identified as AGENCY responsibilities throughout this Contract and as detailed in Exhibit A attached hereto and made a part hereof B. The COUNTY shall provide an appropriate medical area as well as all materials, supplies and equipment necessary to accomplish such tasks, as well as inmate transport to the medical area and security for AGENCY staff onsite This shall be detailed in Exhibit B attached hereto and made a part hereof H. DURATION OF CONTRACT/RIGHT OF TERMINATION The teiin of this Contract and the performance of the AGENCY shall commence on a mutually agreed upon date, and shall continue until written teimination by one or both parties. Either party may terminate this Contract after providing thirty days written notice to the other party. HI. COMPENSATION AND METHOD OF PAYMENT A. Payments for services shall be made on a reimbursement basis after rendition of services unless otherwise permitted by law and approved in writing by the COUNTY. B. No payment shall be made for any services rendered by the AGENCY except for services identified and set forth in this Contract. C. The COUNTY shall reimburse the AGENCY for the services performed under this Contract as detailed in Exhibit A. 1 D. The AGENCY shall submit an invoice to the COUNTY on the 1st and 15th of the month . E. The COUNTY will initiate authorization for payment and render payment to the AGENCY after receipt of the mvoice within twenty-one (21) days thereafter. IV. SAFEGUARDING CLIENT INFORMATION The use or disclosure by any party of any confidential information concerning a recipient or client for any purpose with respect or services provided under this Contract is prohibited except on written consent of the recipient or client, his/her attorney or his/her responsible parent or guardian, or as otherwise provided by law. V. COMPLIANCE WITH LAW The AGENCY, in performance of this Contract, agrees to comply with all applicable Federal, State, and Local laws and ordinances, including standards for licensing, registration, and certification. VI. CHANGES AND NOTIFICATION Any amendment to this Contract shall be in writing and signed by both parties Annual review of compensation will be by written notification, with thirty days response time prior to any increase in rates. NON-DISCRIMINATION IN CLIENT SERVICES The AGENCY shall not, on grounds of race, color, sex, sexual orientation, religion, national origin, creed, marital status age, Vietnam era or disabled veteran status, or the presence of any sensory, mental, or physical disability deny an individual any services or other benefits provided under this Contract. IX. RELATIONSHIP OF THE PARTIES A. The parties intend that an independent contractor relationship will be created by this Contract. The COUNTY is interested primarily in the results to be achieved; the implementation of services will lie solely with the AGENCY. The AGENCY shall not be deemed to be an employee, agent, servant, or representative of the COUNTY for any purpose, and the AGENCY is not entitled to any of the benefits the COUNTY provides for COUNTY employees. B. The AGENCY will be solely and entirely responsible for its acts and for the acts of its agents employees, servants, representatives or otherwise during the performance of this Contract. C. In the performance of the services herem contemplated the AGENCY is an independent contractor with the authority to control and direct the performance of the details of the work.; however, the results of the work contemplated herein must meet the approval of the COUNTY. X. HOLD HARMLESS/INDEMNIFICATION A. The AGENCY shall hold harmless, indemnify and defend the COUNTY, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, losses, expenses, damages, and judgments of any nature whatsoever, 2 including costs and attorneys fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business caused by or arising out of the AGENCY'S acts, errors or omissions of the acts, errors or omissions of its employees, agents, or anyone for whose acts any of them may be liable in the performance of this Contract. PROVIDED HOWEVER, that the AGENCY'S obligations hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the COUNTY, its officers, officials, employees or agents. PROVIDED FURTHER, that in the event of the concurrent negligence of the parties, the AGENCY'S obligations hereunder shall apply only to the percentage of fault attributable to the AGENCY, its employees or agents. B. The COUNTY accepts full liability for any damages resulting from dereliction of medical care, treatments, diagnostics, or pharmaceuticals deemed medically necessary by the AGENCY, on the part of the COUNTY or its officers, agents or employees. The AGENCY will be held harmless and will be indemnified and all of its agents or employees, from any and all liability, loss, or damage incurred by the COUNTY or its officers, agents, or employees for any withholding of medical care or dereliction of AGENCY orders for necessary medical treatment. XI. INSURANCE The AGENCY shall maintain Medical Malpractice coverage subject to limits of not less than $2,000.000 per loss and a $4,000,000 annual aggregate. The coverage shall apply to liability for a professional error, act or omission arising out of the scope of the AGENCY'S services defined in this Contract. Coverage shall not exclude bodily injury or property damage. Coverage shall not mclude hazards related to the work rendered as part of the Contract or within the scope of the AGENCY'S services as defined by this Contract includmg testing, monitoring measuring operations, or laboratory analysis where such services are rendered as part of the Contract If the AGENCY's coverage is written as a claims made policy, then the AGENCY must evidence the purchase of an extended period or "tail" coverage for a three-year period after the policy terra. The AGENCY shall maintain Commercial General Liability coverage for bodily injury, personal injury and property damage, subject to limits of not less than $1,000,000 per occurrence and $2,000.000 annual aggregate; The AGENCY'S Commercial General Liability insurance shall mclude the COUNTY, its officers, officials employees, and agents with respect to performance of services and shall contain no special limitations on the scope of protection afforded to the COUNTY as additional insured The AGENCY shall furnish the COUNTY with evidence that the additional insured provision required above has been met An acceptable form of evidence is the endorsement pages of the policy showing the COUNTY as additional insured The AGENCY shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsement for each subcontractor. All coverage for subcontractors shall be subject to all of the requirement stated herein However, with respect to the subcontracted Jail Physician, the COUNTY shall hold the doctor harmless and the COUNTY has agreed to defend and indemnify them for claims arising out of physician services while working within the County Jail/Correctional facility. The AGENCY shall provide the physician commercial General Liability msurance coverage. XII. JURISDICTION A. This Contract has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this Contract shall be governed by laws of the State of Washington, both as to interpretation and performance. B. Any section of law, suit in equity, or judicial proceeding for the enforcement of this Contract or any provision thereof, shall be instituted and maintained only in any of the courts of competent jurisdiction in Mason County. XIII. SEVERABILITY A. It is understood and agreed by the parties hereto that if any part, team, or provision of this Contract is held by the courts to be illegal, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. B. If is should appear that any provision hereof is in conflict with any statutory provision of the State of Washington, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform to such statutory provision. XIV. ENTIRE CONTRACT The parties agree that this Contract is the complete expression of the teens hereto and any oral representations or understandings nor incorporated herein are excluded. Both parties recognize time is of the essence in the performance of the provisions of this Contract XV. WAIVER OF CONTRACT TERMS The parties agree that the forgiveness of the nonperfolinance of any provision of this Contract does not constitute a waiver of the provisions of this Contract. IN WITNESS WHEREOF the parties hereto have caused this Contract to be executed this 3 D4h day of /`Nal AGENCY t 416YI Shannon Young` President Healthcare Delivery Systems PO Box 603 Chehalis, WA 98532 APPROVED AS TO FORM: ,201Z . MASON COUNTY 4 PROFESSIONAL SERVICES CONTRACT EXHIBIT A HEALTH CARE DELIVERY SYSTEMS Healthcare Delivery Systems will provide the following as per contract terms: 1. Twenty-four (24) hour phone triage and consultation by an Advanced Registered Nurse Practitioner or Medical Doctor for a monthly retainer of $500.00. Any phone calls between the hours of 2200 and 0600 will be billed at $10.00 per phone call. Analysis of facility has been provided as follows: (1) Policy and procedure development per the National Commission on Correctional Health Care 2008 Standards (NCCHC) with policies specifically for HIPPA legislation with annual review. (2) Accreditation Manual which includes updates as needed. (3) Weekly evaluation and ordering of necessary medical supplies and pharmaceuticals included in sick call. (4) Utilization review of all billings included in sick call. (5) Quality management and administrative support to mclude contract negotiation for pharmaceutical services or contracts with outside providers only as requested by the facility administration, and billed out at $100.00 per hour. 3. Onsite Licensed Practical Nurse coverage billed at $39.00 per hour with a two hour minimum. A full- time position with holiday coverage and full benefits. Coverage for holidays and personal leave time will be provided 4. Onsite Registered Nurse coverage billed at $51.00 per hour with a two hour minimum. 5. Onsite Advanced Registered Nurse Practitioner with prescriptive privileges will be billed at $95.00 per hour with a two hour minimum. Onsite Psychiatric Advanced Registered Nurse Practitioner with prescriptive privileges will be billed at $110.00 per hour with a two hour minimum. 7. Onsite Medical Doctor will be billed at $145.00 per hour with a two hour minimum. Physician will be Indemnified by the COUNTY through the Washington State Risk Pool. 8. All practitioners will provide documentation of current state licensure. Medical records will be maintained according to Section IV of the Contract, and per policy to assure confidentiality 9. A monthly schedule of sick call coverage will be supplied to jail administration by the 25th of the previous month. The schedule is subject to approval by jail administration. 10. Promote community health and prevention of communicable disease within the Mason County Jail, by providing tuberculosis testing and timely and appropriate health care and education to inmates. 11. Training for Custody staff to comply with national standards initially and then every two years to be arranged as mutually agreed. 12. Holidays will not be staffed unless requested by Jail Administration. Any Holiday time will be billed at time and a half. Alternate sick call sessions can be scheduled as desired. PROFESSIONAL SERVICES CONTRACT EXHIBIT B HEALTH CARE DELIVERY SYSTEMS Mason County Jail will provide the following as per Contract terms I. A private, secure area with appropriate furniture to perfoini medical examinations, as well as all necessary medical supplies and equipment All charts, medications and medical supplies will be appropriately secured. G. Inmate transport to and from the medical area, and provide security for practitioners while onsite medical care is being delivered. 3. Inmate transport to prescribed outpatient visits for medical, dental, or diagnostic needs. 4. All medical record requirements to include: computers, chart forms, stationery supplies, fax, scanning and copy services needed for onsite medical care. 5. An accurate scale, sphygmomanometer, stethoscope and thermometer capable of frequent use for onsite medical care.