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HomeMy WebLinkAboutSH21-019 COMPREHENSIVE MHC AGREEMENT - Original AgreementOriginal Agreement Signed May 4, 2021 SERVICE AGREEMENT BETWEEN KITTITAS COUNTY JAIL AND COMPREHENSIVE HEALTHCARE This is a contract between Comprehensive Mental Health, hereinafter referred to as COMPREHENSIVE, 707 N Pearl, Suite K, Ellensburg WA 98926 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 5t' Ave, Suite 1, Ellensburg, WA 98926. I. Purpose The purpose of this agreement is to provide a lull time on-site mental health counselor (MHC) to the inmates at KCJ. 11. Term The term of this Agreement will begin May 1, 2021 and will terminate when both parties agree to term, unless sooner terminated according to the provisions herein. This contract may continue from year -to- year upon mutual agreement between the two parties and based on mutual adjustment in rate of pay at 3%. III. 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 to 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. IV. 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. 13) 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 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 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 notice, or the agreement is amended. This Agreement will automatically renew each year unless notice of intent 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 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 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) 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 the 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 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 this Agreement 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 COMPREHENSIVE 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 COMPREHENSIVE 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 COMPREHENSIVE. E) To pay $124,024 for services provided by COMPREHENSIVE 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 15 working days. VI. CWCMH agrees to: A) Designate Greg Aubol greg.aubol@comphc.org or designee as COMPREHENSIVE 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. VII. 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) 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 H1PAA compliance as an integral portion of renewal of this agreement and before engaging in performance of this agreement. D) To acknowledge that inmates may refuse COMPREHENSIVE services except to any extent mandated by law including court order. E) That the COMPREHENSIVE MHC's activities will not go beyond those duties as approved by KCJ and COMPREHENSIVE except as otherwise provided by law. F) COMPREHENSIVE agrees to remove any MHC provided to KCJ immediately upon written request by KCJ. G) COMPREHENSIVE 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 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. VIII. 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 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: (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 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 of any 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 present tense shall include the future tense; and the masculine gender shall include the feminine gender. X. Entire Agreement This Agreement represents the entire integrated Agreement between Kittitas County and COMPREHENSIVE and supersedes all prior negotiations, representations or agreement, either written or oral. INMIMI", EREOF, the parties have executed this Agreement this � day of 2021. Print Name of Signatory APPROVED: BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY ASHIN N Chai-r—maii ahain is oner COUNTY OF KITTITAS SHERIFF'S OFFICE Clay Myers, Sheriff• 0�tlNY C041 ae* -6f thetoard WAS\ Appro s to Form: By: Deputy Prosect Attorney Contractor Address: County's Address: Kittitas County 205 West 5th Avenue, Suite 108 Ellensburg, WA 98926 Project Contact: Project Contact: Exhibit "A" Scope of Services: 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 inmates that screen positive for mental health treatment needs. c. Provide group treatment as appropriate. d. Assist the comprehensive medical provider when 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 attorneys 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 recidivism i. 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" Budget breakdown: 1 FTE MHC $80,000 Benefits and Taxes $24,000 Cell Phone $180 Dues and Fees $150 Administration $23,694 Total: $124,024 Exhibit "C" Scheduling and Training Breakdown: • 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. O Maximum one hour each week of clinical supervision weekly at Comprehensive's Pearl Street office. • Maximum one hour each week to attend a team meeting to update medical staff and crisis responders on the current mental health status and treatment needs of inmates at KCJ. • 40 hours of required trainings much be completed each year to maintain credentialed status. • Accrued vacation, sick leave, and Comprehensive's recognized holidays will be available and coordinated with the Comprehensive Healthcare supervisor in consultation with KCJ command.