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Home My WebLink About2020 CWCMH Inmate Mental Healthcare_DRM_08072020AGREEMENT BETWEEN KITTITAS COUNTY CORRECTION CENTER AND CENTRAL WASHINGTON COMPREHENSIVE MENTAL HEALTH This is a contract between Central Washington Comprehensive Mental Health, hereinafter referred to as CWCMH, 402 South 4th Ave, PO Box 959, Yakima WA 98907 and Kittitas County (County) on behalf of the Kittitas County Sheriff's Office for the benefit of the Kittitas County Corrections Center hereinafter referred to as KCCC, 205 West 5th Ave, Suite 1 -Jail, Ellensburg, WA 98926. I) Purpose: The purpose of this agreement is to establish a jail -based service delivery program between CWCMH and KCCC. II. General Terms and Conditions: A) The period of performance of this agreement shall be from August 18, 2020 forward. B) No alteration or variation of the term of this contract or understandings or agreements not incorporated herein, unless made in writing between the parties hereto, shall be binding. C) In performing services under this agreement, the KCCC and CWCMH are independent contractors, and nothing herein is to be construed as establishing an employer-employee relationship. D) The agencies agree that all work shall be performed in accordance with the highest professional standards, and consistent with KCCC policies and procedures and CWCMH regulations. E) The parties hereby agree that no person will be discriminated against on the basis of race, color, national origin, sex, or handicap or on the basis of any other protected status. This is in accordance with Title VI of the 1964 Civil Rights Acts: section 504 of the Rehabilitation Act 1973, as amended; Title IX of the Education Amendments of 1972, and the Washington Law Against Discrimination, as amended. F) The parties agree to review the contract annually, and if the relationship is satisfactory, the intent of both parties would be to have this agreement be ongoing until either party gives notice, or the agreement is amended. G) This agreement may be terminated by either party by providing a written notice to terminate ninety (90) days prior to the date of termination. H) Severability. In the event any provisions of this Agreement shall be determined to be unenforceable or otherwise invalid for any reason, such provisions shall be enforced and valid to the extent permitted by law. All provisions of this Agreement are severable, and unenforceability or invalidity of a single provision herein shall not affect the remaining provisions. I) Governing Law and Venue. This Agreement shall be governed by the laws of the State of Washington, and venue for any lawsuit shall be the Kittitas County Superior Court. J) Attorney's Fees. In the event it is necessary for either party to utilize the services of an attorney to enforce any of the terms of this Agreement, such enforcing party shall be entitled to compensation for its reasonable attorney's fees and costs. In the event of litigation regarding any terms of this Agreement, the substantially prevailing party shall be entitled, in addition other relief, to such reasonable attorney's fees and costs as determined by the Court. K) Waiver of Breach. The waiver by either parry of the breach of any provision of this Agreement by the other party must be in writing and shall not operate nor be construed as a waiver of any subsequent breach by such other party. L) Savings Clause. Nothing in this Agreement shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions of this Agreement and any statute, law, public regulation or ordinance, the latter shall prevail but in such event, the provisions of this Agreement affected shall be curtailed and limited only to the extent necessary to bring it within legal requirements. III. KCCC agrees to: A) Refer inmates to the CWCMH clinician(s) for evaluation for services relating to the inmate's overall behavior based upon observations of innate conduct and the training of KCCC staff as described herein. B) Provide appropriate information on referred inmates. C) Provide appropriate support for the CWCMH clinician(s) to accomplish the identified KCCC services. D) Designate Superintendent Steve Panattoni, his designee, or other individual assigned as such by the Sheriff as contact person and liaison with CWCMH. E) To pay $85 per hour for services provided by CWCMH as described herein. This amount will not exceed $22,000 per year. 2 F) Pay invoice upon receipt from CWCMH for services rendered within 15 working days. IV. CWCMH agrees to: A) Designate Brett Wenger or designee as CWCMH contact person and liaison with KCCC and Daniel Ladd as contact person related to billing or contract. B) Provide individual intervention services for inmates as requested by KCCC staff for the purpose of assessment and recommendations for inmates judged to be in need of clinical or crisis services including legal action pursuant to the standards of RCW 71.05. C) Provide professionally appropriate documentation of assessment and recommendations for specific inmates as requested by KCCC staff. D) Provide consultation services to KCCC staff and contracted medical providers as requested by KCCC. V. CWCMH and KCCC mutually agree: A) To maintain an open line of communication between KCCC staff and CWCMH staff for sharing pertinent information about inmates' behavior. B) CWCMH and KCCC shall comply with their established regulations regarding confidentiality including federal HIPAA regulations. The parties shall sign and incorporate the "Business Associate Agreement" pertaining to HIPAA compliance as an integral portion of renewal of this agreement and before engaging in performance of this agreement. C) To acknowledge that referred inmates may refuse CWCMH services except to any extent mandated by law including court order. D) That the CWCMH clinicians' activities will not go beyond those duties as approved by KCCC and CWCMH except as otherwise provided by law. E) CWCMH agrees to remove any clinician provided to KCCC immediately upon written request by KCCC. F) CWCMH will bill KCCC on a monthly basis, by the 15th of each month, for the previous month's services at the rate of $85 per hour per clinician for services rendered as described above. G) Not to recruit for employment nor initiate contracts with employees of the other party during the period of this contract. H) Specific services may be cancelled or rescheduled for good cause by either party without incurring any cost under this agreement. "Good cause' includes security or safety concerns, including unforeseen staffing shortages, that may impact the safe operations of the KCCC in the judgement of the authorized KCCC personnel. VI. Hold Harmless and Indemnification: CWCMH agrees to hold harmless, indemnify and defend Kittitas County, its officers, agents and employees, from and against any and all claims, losses, or liability, for injuries, sickness or death of persons, or damage to property, arising out of any willful misconduct or negligent act, error, or omission of CWCMH, its officers, agents, or employees, in connection with the services required by the Agreement, provided, however, that: (1) CWCMH's obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or negligence of Kittitas County, its officers, agents or employees or sub -consultants; and (2) CWCMH's obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of CWCMH and Kittitas County or of CWCMH and a third party other than an officer, agent or employee of CWCMH, shall apply only to the extent of the negligence or willful misconduct of CWCMH. (3) The parties agree to cooperate to the greatest extent possible in the defense of any and all claims that may implicate this Section. VII. Interpetation: This Agreement has been submitted to the scrutiny of all parties and their counsel, if desired, and it shall be given a fair and reasonable interpretation in accordance with its words, without consideration or weight given to its being drafted by any party or its counsel. All words used in the singular shall include the plural; the present tense shall include the future tense; and the masculine gender shall include the feminine gender. VIII. Entire Agreement: This Agreement represents the entire integrated Agreement between Kittitas County and CWCMH and supersedes all prior negotiations, representations or agreements, either written or oral. 2 IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate by the parties hereto and made effective on the day and year first above written. FOR: CENTRAL WASHINGTON FOR: KITTITAS COUNTY COMPREHENSIVE MENTAL SHERIFF'S OFFICE HEALTH 13 %94dt- Rick Weaver Date Clayton Ayers Date President/CEO CWCMH Sheriff ADOPTED this day of ATTEST: NIX11 BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Chair Vice -Chair Commissioner APPROVED AS TO FORM: �21,g a k Douglas R. Mitchel , Deputy Prosecuting Attorney El Clerk of the Board- Julie Kjorsvik El Deputy Clerk of the Board- Mandy Buchholz 5