HomeMy WebLinkAboutPSA Comprehensive HealthcareSERVICE AGREEMENT BETWEEN
KITTITAS COUNTY JAIL
AND
COMPREHENSIVE HEALTHCARE
This is a contract between Comprehensive Mental Health, hereinafter refered to as
COMPREHENSM, T0T N Pearl, Suite K, Ellensburg WA 98926 and KittitasCounty (Counry)
on behalf of the Kinitas County Sheriffs Oflice for the benefit ofthe Kittitas County Jail
hereinater referred to as KCJ, 205 West 5& Ave, Suite l, Ellensburg, WA 98926.
I. Purpose
The purpose of this agreement is to provide a full time on-site mental health counselor (MHC) to
the inmates at KCJ.
n. Term
The term of this Agreement will begin May l, 2021 andwill terminate when both parties
agree to term, unless sooner terminated according to the provisions herein. This contract may
continue from yearto- year upon mutual agreement between the two parties and based on
mutual adjustment in rate of pay at3o/o.
m. Insurance
During the term of this Agreement, COMPREHENSIVE shall maintain public liability and
professional liability insurance coverage in the minimum amount of $1,000,000 against
claims or injuries lo persons or damage to property which may arise from or in connection
with the performance of the work by COMPREHENSIVE, its agents, representatives, or
employees. As evidence of such coverage COMPREHENSIVE will furnish KCJ with a
certificate of insurance upon request.
ry. General Terms and Conditions
A) The period of the performance of this agreement shall be from the date of signature forwards
until modified or terminated by either party upon timely notice.
B) No alternation 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 o be construed as estabtishing 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
COMPREHENSI VE 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 the 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
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notice, or the agreement is arnended. This Agreement will automatically renew each year
unless notice ofintent not to renew is provided at least 60 days in advance.
G) This agreement may be terminated by either party by providing a written notice to t€rminate
ninety (90) days prior to the date of termination.
H) Severability. In the event any provisions ofthis Agreement shall be determined to be
unenforceable or otherwise invalid for any reason, such previous 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) Goveming Law and Venue. This Agreement shall be govemed 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 the compensation for its reasonable attomey'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 attomey's fees and costs as determined by the Court.
K) Waiver of Breach. The waiver by either parly of the breach of any provision of this
Agreement by the oth€r parfy must be in writing and shall not operate nor be construed as a
waiver ofany subsequent breach by such other party.
L) Savings Clause. Nothing in this Agreement shall be construed so as to require the
commissions 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 thisAgreement affected shall be curtailed
and limited only to the extent necessary to bring it within legal requirements.
V. KCJ agrees to
A) Refer inmates to the COMPREHENSM Mental Health Counselor (MHC) 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 and accurate information on referred inmates.
C) Provide appropriate support for the COMPREHENSM MHC to accomplish their needed
services.
D) Designate Superintendent Steve Panattoni, his designee, or other individual assigned as such
by the Sheriff as contact person and liaison with COMPREHENSM.
E) To pay $124,024 for services provided by COMPREHENSM as described in Exhibit B.
This amount will include a yearly adjustment based on change in the Bureau of Labor
Statistics Consumer Price Index change for the "seattle-Tacoma-Bellevue" urban region.
F) Pay invoice upon receipt from COMPREHENSIVE for services within l5 working days.
VI. CWCMH rgrees to:
A) Designate Greg Aubol greg.aubol@comphc.org or designee as COMPREHENSM contact
person and liaison with KCJ and Dan Ladd Daniel.ladd@comphc.org as contact person
related to billing or contract.
B) Provide the listed services presented in Exhibit A.
VIL COMPREIIENSM and KCJ mutually agree:
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A) To maintain an open line of communication between KCJ staffand COMPREHENSTVE
staff for sharing pertinent information about inmates' behavior.
B) To have a schedule that is flexible and consistent with KCJ operations, and maintain their
credentialed status as described in Exhibit C.
C) 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 renewalof this agreement and before engaging in performance of this agreement.
D) To acknowledge that inmates may refirse COMPREHENSIVE services except to any extent
mandated by law including court order.
E) That the COMPREHENSM MHC's activities will not go beyond those duties as approved
by KCJ and COMPREHENSM except as otherwise provided by law.
F) COMPREHENSIVE agrees to remove any MHC provided to KCJ immediately upon written
request by KCJ.
G) COMPREHENSM will bill KCJ on a quarterly basis for the services.
H) Not to recruit for employment nor initiate contracts with employees of the other party during
the period of this contract.I) Specific seF/ices may be cancelled or rescheduled for good cause by either party without
incurring any cost under this agreem€nt. "Good cause" includes security or safety concerns,
including unforeseen staffing shoftages, that may impact the safe operations of the KCJ in
the judgement of the authorized KCJ personnel.
VUL Hold Harmless and Indemnification:
COMPREHENSIVE agrees to hold harmless, indemniff 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 person, 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:
(l) COMPREHENSIVE's obligations to indemnif,, 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 indemniff, defend and hold harmless for injuries,
sickness, death or damage caused by or resulting from the concurrent negligence or willful
misconduct of COMPREHENSM and Kittitas County or of COMPREHENSIVE and a
third party other than an officer, agent or employee f 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 ofany and all
claims that may implicate this Section.
IX. 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 prcsent tense shall include the future tense; and the
masculine gender shall include the feminine gender.
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X. Entire Agreement
This Agreement represents the entire integrated Agreernent betwe€n Kittitas County and
COMPREHENSIVE and supersedes all prior negotiations, representations or agreem€nt, either
written ororal.
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lN WITNESS WHEREOF, the parties have executed this Agreement tnis #h day of
2021.
APPROVED:
BOARD OF MISSIONERS
S ry c
{a.ur^t\*rt
Print Name of Signatory hairman
Commissioner
COUNTY OF KITTITAS
SHERIFF'S OFFICE
Uqc6 ,+g,q..
Chy illyers, SheiiF
rNLO
Contractor Address:
to Form:
*a
Deputy Attomey
County's
Kittitas County
205 West Sth Avenue, Suite 108
Ellensburg, WA 98926
Project Contact:Project Contact;
Exhibit "A"
Scooe of$ervices:
a. Provide screening of inmates within 72 hours of booking, most often within 24 hours
of booking. If inmate is booked over the weekend or on holiday, the inmate will be
screened on the following business day.
b. Providing assessments on inrnates that screen positive for mental health treatrnent
needs.
c. Provide group treatment as appropriate.
d. Assist the comprehensive medical providerwhen assessing and treating inmates at
KCJ,
e. Evaluate any inmate presenting with a mental health or substance use disorder crisis
and coordinate with Comprehensive's Designated Crisis Responders as necessary.f. Communicate with the courts, prosecutors, and defense attomeys consistent with
HIPPA and 42 CFR(2).
g. Provide training to KCJ personnel in coordination with KCJ commanders.
h. Make referrals to community providers for inmate needs to promote a reduced risk of
recidivismi. Make referrals to providers in the inmate's community of residence.j. Provide warm handoff referrals when possible
k- Coordinate referrals with other providers serving inmates at KCJ.
Exhibit "B'n
Budset b-reakdown:
I FTE MHC
Benefits and Taxes
Cell Phone
Dues and Fees
Administration
Total:
$80,000
$24,000
$180
$rs0
$23,694
sr?Ap24
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Exhibit "C"
Schedulins and Training Breakdown i
r Monday through Friday 0800-1700, but has the flexibility and availability to change if
needed for KCJ. This will include a one hour lunch break.r Maximum one hour each week of clinical supervision weekly at Comprehensive's Pearl
Street ofTice.
r Maximum one hour each week to attend a team meeting to update medical staffand crisis
responders on the cument mental health status and tr€atnent needs of inmates at KCJ.r 40 hours of required trainings much be completed each year to maintain credentialed
stafus.
r Accrued vacation, sick leave, and Comprehensive's recognized holidays will be available
and coordinated with the Comprehensive Healthcare supervisor in consultation with KCJ
command.
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