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Home My WebLink AboutSH19-020 Inmate Mental Health JBS - Agreement2021-035 AGREEMENT BETWEEN KITTITAS COUNTY CORRECTION CENTER AND CENTRAL WASHINGTON COMPREHENSIVE MENTAL HEALTH This is a contract between Comprehensive Mental Health, hereinafter referred to as COMPREHENSIVE, 402 South 46' 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 Jail hereinafter referred to as KCJ, 205 West 5ch Ave, Suite 1, Ellensburg, WA 98926. I) Purpose: The purpose of this agreement is to continue providing a }ail -based service delivery program between COMPREHENSIVE and KCJ. II. General Terms and Conditions: A) The period of performance of this agreement shall be from the date of signature forward until modified or terminated by either parry upon timely notice. 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 KCJ and COMPREHENSIVE 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 KCJ policies and procedures and COMPREHENSIVE 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 party 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. I11. KCJ agrees to: A) Refer inmates to the COMPREHENSIVE clinician(s) for evaluation for services relating to the inmate's overall behavior based upon observations of inmate conduct and the training of KCJ staff as described herein. B) Provide appropriate information on referred inmates. C) Provide appropriate support for the COMPREHENSIVE clinician(s) to accomplish the identified KCJ services. D) Designate Superintendent Steve Panattoni, his designee, or other individual assigned as such by the Sheriff as contact person and liaison with COMPREHENSIVE. 2 E) To pay $85 per hour for services provided by COMPREHENSIVE as described herein. This amount will not exceed $22,000 per year. F) Pay invoice upon receipt from COMPREHENSIVE for services rendered within 15 working days. IV. CWCMH agrees to: A) Designate Brett Wenger or designee as COMPREHENSIVE contact person and liaison with KCJ and Daniel Ladd as contact person related to billing or contract. B) Provide individual intervention services for inmates as requested by KCJ 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 KCJ staff. D) Provide consultation services to KCJ staff and contracted medical providers as requested by KCJ. V. COMPREHENSIVE and KCJ mutually agree: A) To maintain an open line of communication between KCJ staff and COMPREHENSIVE staff for sharing pertinent information about inmates' behavior. B) COMPREHENSIVE and KCJ 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 COMPREHENSIVE services except to any extent mandated by law including court order. D) That the COMPREHENSIVE clinicians' activities will not go beyond those duties as approved by KCJ and COMPREHENSIVE except as otherwise provided by law. E) COMPREHENSIVE agrees to remove any clinician provided to KCJ immediately upon written request by KCJ. F) COMPREHENSIVE will bill KCJ 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 KCJ in the judgement of the authorized KCJ personnel. VI. Hold Harmless and Indemnification: COMPREHENSIVE 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 COMPREHENSIVE, its officers, agents, or employees, in connection with the services required by the Agreement, provided, however, that: (1) COMPREHENSIVE'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) COMPREHENSIVE'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 COMPREHENSIVE and Kittitas County or of COMPREHENSIVE and a third party other than an officer, agent or employee of COMPREHENSIVE, shall apply only to the extent of the negligence or willful misconduct of COMPREHENSIVE. (3) The parties agree to cooperate to the greatest extent possible in the defense of any and all claims that may implicate this Section. VH. Interpretation: 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. 4 VIII. Entire Agreement: This Agreement represents the entire integrated Agreement between Kittitas County and COMPREHENSIVE and supersedes all prior negotiations, representations or agreements, either written or oral. IN WITNESS WHEREOF, the parties have executed this Agreement this day of , 2024. APPROVED: BOARD OF COUNTY COMMISSIONERS COMPREHENSIVE MENTAL HEALTH IGTTITAS COUNTY, WASHINGTON vw.'4i� �w 8120u, di aly, CEO Date Contractor Address: 402 S. 0 Ave. Yakima, WA 98902 Chairman Vice -Chairman Commissioner COUNTY OF KITTITAS SHERIFF'S OFFICE /^"w Clay ^ - Clay Nryers, S eriff Date ATTEST Clerk of the Board Ap as to Form: By: Douglas R. Mi ell, Deputy Prosecuting Attorney County Contact: Steve Panattoni (509)962-7527 Kittitas County Jail 205 W. 5`h Ave, Suite 1 Ellensburg, WA 98926 11