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HomeMy WebLinkAboutRES 2023-082BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESoLUfloN No. 2023- 00x A RESOLUTION AMENDING A PROFESSIONAL SERVICES AGREEMENT BETWEEN COMPREHENSIVE MENTAL HEALTH (COMPREHENSIVE) AND KITTITAS COUNTY, WASHINGTON FOR THE ADDITION OF A MENTAL HEALTH CASE MANAGER AT THE KITTITAS COUNTY JAIL WHEREAS, a Service Agreement between Comprehensive Healthcare and Kittitas County for an on-site mental health counselor at the Kittitas County Jail was authorized by the Kittitas County Board of Commissioners on May 4,2021; and WHEREAS, it was modified by Resolution on December 7, 2021 to correct a mathematical error; and WHEREAS, the Agreement is now being further amended to add a full time on-site mental health Case Manager referenced herein as Amendment #1; and NOW, THEREFORE, BE IT HEREBY RESOLVED AND IT IS HEREBY ORDERED, that the Professional Service Agreement between Comprehensive Mental Health (Comprehensive) and Kittitas County be amended as stated, a copy of which is attached hereto. ADoPTED this l th of \ Douglas R. Mitchell, Buchholz 2023 BOARD O GOUNTY COMMISSIONERS KITT GTON c ory , Vice-Chairman , Commissioner ED FORM Yt La ATTEST oard- Julie Kjorsvik SE.AL n RESOLUTION of the Board- Mandy & ty Prosecuting Attorney SERVICE AGREEMENT BETWEEN KITTITAS COUNTY JAIL AND COMPREHENSIVE HEALTHCARE Amendment #1 This is an Amended contract between Comprehensive Mental Health, hereinafter referred to as COMPREHENSIVE, 70? N Pearl, Suite K, Ellensburg WA 98926 and Kittitas County (County) on behalf of the Kittitas County Sheriffls Office for the benefit of the Kittitas County Jail hereinafter referred to as KCJ, 205 west 5th Ave, suite l, Ellensburg, wA 9g926. I. Purpose The purpose of this Amendment is to add a full time on-site mental health Case Manager (CM) to better support the irunates at KCJ. II. Term The term of this Agreement will begin May 1, 2023 and will terminate when both parties agree to term, unless sooner terminated according to the provisions herein. This contract may continue fiom year-to- year upon mufual agreement between the two parties and based on mutual adjustment in rate of pay at3o/o. III. Insurance During the temr of this Agreement, COMPREHENSTVE shallmainrain public liability and professional liability insurance coverage in the minimum amount of $ I ,000,000 againit 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, 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 altemation 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 untif either party gives L notice, or the agreement is amended. 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 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. D 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 rwiting 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 conflici 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 MentalHealth Counselor and Case Manger (MHC & CM) 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 & CM to accomplish their needed services. D) Designate Superintendent Steve Panattoni, his designee, or other individual assigned as such by the sheriffas contact person and liaison with GOMpREHENSIVE. E) To increase the budget to $234,145.28 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 l5 working days. VI. Comprehensive 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. 2 VIL 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 HIPAA 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 hr 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 concems, including unforeseen staffing shortages, that may impact the safe operations of the KCJ in the judgement of the authorized KCJ personnel. VI[I. Hold Harmless and Indemnification: COMPREHENSIVE agrees to hold harmless, indemnifu and defend Kittitas County, its officers, agents, and employees, from and against any and all claims, tosses, or tiability, 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 indemnifo, 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 indemnifu, 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 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 3 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 Agreernent This Agreement represents the entire integrated Agreement between Kittitas County and COMPREHENSIVE and supersedes all prior negotiations, representations or agreement, either written or oral. 4 IN WITNESS WHEREOF, thE parties have executed this Agreement this lWOu, of .207e. APPROVED: BOARD F NTY COMMISSIONERS of -{rrt, lv -ba-l-r a Print Name of Signator!' Contractor Address: Comprehensive Healthcare 707 N Pearl St; Suite K Ellensburg, WA 98926 Project Contact: Greg Aubol COUNTY OF KTTTITAS SHERIFF'S OFFICE Clay Attest: of the Approved as to Form "-L .rtr Deputy Attorney County's Address: Kittitas County 205 West 5th Avenue, Suite 108 Ellensburg, WA 98926 Project Contact: Steve Panattoni 5 SEAL Exhibit "A" Scope ofServices: 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. Evaluate any inmate presenting with a mental health or substance use disorder crisis and coordinate with Comprehensive's Designated Crisis Responders as necessary. Communicate with the courts, prosecutors, and defense attorneys consistent with HIPPA and42 CFR(2). Provide training to KCJ personnel in coordination with KCJ commanders. Make refenals to community providers for inmate needs to promote a reduced risk of recidivism Make referrals to providers in the inmate's community of residence. Provide warrn handoff referrals when possible Coordinate referrals with other providers serving inmates at KCJ. e. f. ob' h. i. j k. 5 Exhibit "8" COMPREHENSIVE HEALTHCARE MFW school -Two Therapists- YEAR ONE YEAR ENDED 2024 OPERATING REVENUES Grants and Contracts Ca pitation Fee-For-Serivce Total Operating Revenues S zzq,r+s.za 5 zzq:rqs:e OPERATING EXPENSES Sa la ries Benefits and Taxes Supplies Emergency Funds Contracted Services Tra in ing Travel Communication Marketing Printing lnsu rance Utilities Rent Recruiting Dues and Fees Taxes Miscellaneous lndirect Costs 18.30% Total Operating Expenses Operating lncome/(Loss) 1,52,250.00 45,675.00 36,220.28 234,1,45.28 0.01 NON.OPERATING REVENUES NON-OPERATING EXPENSES NET INCOME/(LOSS)5 0.01 Exhibit "C" Schedulins and Trainins 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. 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. a a a 7 Original Agreement Signed May 4, 2021 TJ ERVIC[, A GREEil{ ENl' BEI' 11/F]{i]N KII"I'II AS COTINTY .IAIT, ANT} COT{ PRDFIE NSI VE I.IEALTFIC ARE T'his is a contract betn'een Comprehensivc Mcntal llealth, hereinafter referred to asCOMPREIIF:NSlVE, 707 N Pearl, Suite K, Ellcnsburg wA 98926 and Kittitas County (County) on behalf of the Kittitas County Sheriff s office ior rhe benefit of the Kittitas Counry jrla - hereinaftcrrcferred to as KcJ,205 west 5s Ave, suite l, Ellensburg, wA 9g926. I. Purpose The.purpose of this agreement is to provide a full time on-sire nrenral health counselor (MHC) tothe inmates ar KCJ. I l. I'crrn The term of this Agreement will begin May l, 2021 and rvillterminate rvhen borh parties agree to term, unless sooner terminated according to the provisions herein. This contract maycontinue fiom year'-to- vearrlpon mutual agreenlent between the trvo parties ""a U.t"A "r"-'mutual adjustment in rate of pay at3oh- IIL Insurance During the term of this Agreement, COMPREHENSIvtl shall maintain public liability andprofessional liahility insurance coverage in the minimum amounrof $1,ri00,000 uguii'rt- - claims or injuries to persons or damag- to property which ma.v arise from or in co"nnection rvith the perf<rrmance of the work by ColvlPR-EgLNstvE, iti agents, represenratives, oremployees. As evidence of such coverage COMPREI'IENSIVE;ill lurnisfr KCJ with acertificate of insurance upon rcquest. IV. General Terrns and Conditions A) The.period_of the performance of this agreernent shall be from the date of signature folvardsuntil modified or rerminated by either party upon timely notice.tl) No altemation or variation of the term of this'contract or understandings or agreements notincorporated herein, unless made in writing berwecn thc parties heretolshall 5e Uinain!.c) ln performing services under this agreement, the KCJ and coMpREHENSIVE are independent contractors, and nothing herein is to be construed as estabtishing an employer- employee relationship. D) The,agencies agree that all.rvork-shall bc performed in accordance with the highcstprofessional standards, and consistent rvith KCJ policies and procedures and COMPREHENS I VE regularions. E) Th.e parties hereby agree that no person rvill be discriminated against on the basis of race,color, national origin, sex, or handicap or on the basis of any otlher protected status. This is inaccordance rvith the Title lX of the Education Amendrnentiof D7), and the WashingtonLaw Against Discrimination, as amended. F) 1'he parties agree to review the contract annuatly, and if the relationship is satisfactory, theintent of both parties would be to have this agreement be ongoing untif either parrt;i; 1 nolice, or the agreement is amcnded. This Agreement will automatically renew each learrunless noticc of intent not to renerv is provided at least 60 days in advance. C) This agreement may be terminated by either party by providing a written notice to terminate ninety (90) days prior to the date of terminarion. l-l) Severabiliti. tn the event any provisions of this Agreement shall be determined to be unenflorceable or othenvise 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 sirrgle provision herein shall not aft'ect the remaining provisions. I) Goveming l,aw and Venue. This Agreement shall be governed by the larvs of the State ofWashington, and venue for any larvsuit shall be the Kiititas County Superior Court.J) Attorney's Fees. ln the event it is necessary for either party to utiiize t-he services of an attonley to enforce any of thc terms of this Agreement, such enforcing party shall be entitled to the compensation for its reasonabte attorney's fbes and costs. ln thi event of litigation regarding any terms of this Agreement, the substantially prevaiting party shall be .i'titlrd, inaddition other relief, to such reasonable attorney's fees and costs as determined by the Court.K) Waiver of Breach. The rvaiver by either parry of the breach of any provision of this Agreement by the other party must be in rvriting and shall not operate nor be construed as awaivcr ofany subsequent brcach by such other party. L) Savings Clatrse. Nothing in this Agreement shall be construed so as to require the commissions of any act contrary to law, and rvherever there is any conflici b"t*".n unyprovisions of this agreement and any statute, lalv, public regulation or ordinance, the latter shall prevail but in such event, the provisions of tliis Agreeirent affecred shail be curtailed and limited only to rhe extent necessary to bring it within legal requirements. V. KCJ agrees to A) Itefer inmales to the COMPRIIHENSIVE Mental Health Counselor (MHC) for evaluation for services relating to the inmate'.s overall behavior based upon observations of inrnate 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 neededservlces, D) Designate Superintendent Steve Panattoni, his designee, or other individuat assigned as suchby the sheriff as contact person and liaison witn coMpREHENSIVE. 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-lndex change fior the "seattle-Tacoma-Beilevue', urban region.F) Pay invoice upon receipt from COMPREIiENSIVE for services rvithin ts working ja!s. VI. CWCMH agrees to: A) Designate Greg Aubol greg.aubot@comphc.org or designee as COMpREHENSIVE conracr person and liaison with KCJ and Dan Ladd Daniel.ladd@comphc.org as contacr person related to billing or contract. B) Provide the listed services presented in Exhibit A. WI. COMPREHENSM and KCu mutually agree: 2 A) I'o maintain an open line of cornnrunication berween KCj sraff and COIVIPREFIENSIVE staff lor sharing pcrrinent inflormation about inmates' behavior. B) 1'o have a schedule that is flexible and consistent rvith KCJ opcrations, and nraintain their credentialed statrls as described in Exhibit C. O COMPREHENSIVE and KCJ shall cornply with their establishcd regulations regarding confidentiality including fedcral HIPAA regulations. The partics sha'il sign andi,.,.orporat" the "Business Associate Agreement' pertaining to HIPAA compliancc aian integrai [o.tionof renewalof this agreement and before eng.ging in performance of this ugr""*Jnt. '' D) To acknowledge that inmates may refuse coMPREtiENSIvE services "*i"pt to any extent mandated by law including court order. E) 'Ihat the COMPREHENSIVE MHC's activities will not go beyond those duties as approved by KCJ and coMPREHENSivE except as othenvise provided by law.F) COMPREIIENSIVE agrees to rernove any MHC prouid.d to rcit immediately upon written request by KCJ. G) coMPREI'IENSIVE rvill bill KCJ on a quarterly basis for rhe services,[{) Not to recruit for ernployment nor initiate contracts rvith employees of the other party during the period of this contract.I) Specific services may be cancelled or rescheduled fbr good cause by either party witho't incurring any cost under this agreement. "Good cause" includes security or safeiy concerns, including unforeseen staffing shortages, that may impact the safe op"rriions of the KCJ in the j udgement of rhe authorized KCJ personnel. VIII. Hold llarmless anrl Inclemnification: C:oMPREl{ENSIVE agrees to hold harmless, indcmnifo and clefend Kirtitas Counry, irs officers, agents, and employecs, from and against any and all claims, losses, or liability, for inluries, sickness or death of person, or dantage to property, arising out of any rvilliul misconauct ornegligent act, error, or omission of cOMpREHENSIVE, its officers, agents, or employees, inconnection rvith the services required by the Agrecment, provided, holvever, that: (l) COMPREHENSIVE's obligations to indemnify, defend and hold harmless shall not extendto injuries, sickness, death or damage caused by or resulting from the sole willful misconductor negligence of Kittitas County, its officers, agents ot "rnploy"es or sub-consultants; and(2) CoMPREI{ENSIVE's obligations to indemni[, defend ana irolo harmtess for injuries, sickness, death or damage caused by or resulting from the concurrent negligence-or wiilful misconduct of COMPREHENSIVE and KittitasCounry or of COMpREHENSIVg and athird party other than an officer, agent or employee rcbvpREHENSlvE, shall applf onlyto the extent of the negligence or wiilful misconduct of coMpREHENslvE. (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, andit shall be given a fair and reasonable interpretation in aciordance with its words, rvithout consideration orweight given to its being drafted by any party or its counsel. All words used inthe singular shall include theplural; the present tense shail intlude the future tense; and the masculine gender shall include the feminine gender. 3 X. Entire Agreenrent'fhis Agreement represents tlte entire integrated Agreement between Kittitas County and coN'IPREHENSIvE and supersedes all prior negoliations, representation, o, ugr".,nent, eitherwritten or oral. 4 INW.J T bS 1 WHEREOF, the p-art ,2Q21, 'ltItres nave executed ilris Agreement ilris day of ate L( l\ Print Name of Signatory Contractor Address APPROVED BOARD OF COUNTY CO MMISSIONERS KITTI COU H N ha 'l* S a reofS t ry at ':, COUNTY OF KITTITAS SHERIFF'S OFFICE Clay ;k 6f to Form ,f 7:L*(+ Dep uty Pro Altorney County's Add Kittitas County 205 West 5rh Avenue, Suite 10g Ellensburg, WA 98926 ress Project Contact:Project Gontact: $q,lge o[ Selvices: Bud.get breakdorvn: I FTE MHC Benefits and Taxes Cell Phonc Dues and Fees Administration Total: ljxhibit "A" Exhibit,.B" b c. d e. f. g. h. i. .i. k. Provide screening of inmates rvithin 72 hours of booking, most often lvithin 2.1 hoursof booking. lf inmate is booked over the rveekend or on-iroliday, the inmate rvill be screened on the following busincss day. Providing assesstnents on inmates that screen positive for mental health treatment needs. Provide group treatment as appropriate. Assist the comprehensive rnedical provider when assessing and treating inmates at KCJ, Evaluate any inmate presenting with a mental health or substance use disorder crisis and coordinate vvith cornprehensive's Designated crisis Responders as necessary, communicate with the courl.s, prosecutors, and defense attorneys consistent withl{IPPA and 42 CFR(2). Providc training to KCJ personnel in coordination with KCJ cornmanders. Make referrals to comrnunity providers for inmate needs to pronlote a reduced risk ofrecidivisrn Makereferrals to providers in the inmate's community of residence. Provide rvarrn handoff rcferrals when possible coordinate referrals rvitlr other providcrs serving inmates at KCJ. $80,000 $24,000 s 180 $l s0 $23,691 st24,024 6 E-xhibit "C" Sclrctlulilrg and Training Brealdown: o Monday through Friday 0800-1700, but has the {Iexibility antJ availabiliry to changc if necded tbr KCJ. This rvill include a one hour lunch brcak.e N'laximum one hour each rveek of clinical supcrvision lveckly at Conrpr.ehensive's pcarl Strcct oficc. Maximum otre hour each week to attend a team meeting to update medical staff and crisis responders on the current mental health status and trcatment needs of inmates at KCJ. 40 hours of required trainings much be conrpleted each year to maintain cre<Jentialcd status. Accrued vacation, sick leave, and Conrprelrensive's recognizerJ holidays rvill be available and coordinated with the Comprehensivc Healthcarc supervisor in consultation with KCJ cornmartd. e o c 7 BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESoLUiloN NO. 2021- I I q A RESOLUTION AMENDING A PROFESSIONAL SERVICES AGREEMENT BETWEEN COMPREHENSIVE HEALTHCARE AND KITTITAS COUNTY, WASHINGTON FOR AN ON-SITE MENTAL HEALTH COUNSELOR AT THE KITTITAS COUNTY JAIL WHEREAS, a Service Agreement between Comprehensive Healthcare and Kittitas County for an on-site mental health counselor at the Kittitas County Jail was authorized bythe Kittitas County Board of Commissioners on May 4,2021; and WHEREAS, it has been determined that a mathematical error was made on"Exhibit B" when totaling the budget breakdown, and was subsequently transferred to Section V, Subsection E; and WHEREAS, Comprehensive Healthcare and Kittitas County are in agreement that the total should be corrected from $j24,024.00 to $12g,024.00; and NOW THEREFORE, BE IT HEREBY RESOLVED AND IT IS HEREBY ORDERED, that the Service Agreement between Comprehensive Healthcare and Kittitascounty be amended as stated, a copy of which is attached hereto. ADOPTED this \n,day of 2021 BOARD OF COUNTY COMMISSIONERS KITT COUN TON n , Vice-Chairman Cory Wright, Commissioner APP AS TO FORM: Douglas R. Mitchell, lllllllt pClerk of the Board- Julie Kjorsvik'n Deputy Clerk of the Board- Mandy Buchholz RESOLUTION uty Prosecuting Attorney SERVICE AGREEMENT BETWEEN KITTITAS COUNTY JAIL AND COMPREHENSIVE HEALTHCARE This is a contract between Comprehensive Mental Health, hereinafter referred to as COMPREHENSIVE, T0T 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 5th Ave, Suite l, Ellensburg, wA 9g926. I. Purpose The purpose of this agreement is to provide a full time on-site mental health counselor (MHC) to the inmates at KCJ. II. 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 year-to' year upon mutual agreement between the two parties and based on mutual adjustment in rate of pay at3Yo. III. Insurance Duringthe term of this Agreement, COMPREHENSM shall maintainpublic liability and pro.fessional liability insurance coverage in the minimum amount of $ 1,ti00,000 againstcl{m1 or injruies to persons or damage to property which may arise from oi in coinection with the performance of the work by COMPREHENSM, iti 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. B) No altemation or variation of the term of thisiontract or understandings or agreements not incorporated herein, unless made in writing between the parties hereto, shall 6e 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) Th-e 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 ofany other protected status. This is in accordance with the Title IX of the Education Amendments of l972,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 untiieither party gGs 1 notice, or the agreement is amended. 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 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 b1 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 governed by the laws of the State ofWashington, and venue for any lawsuit shall be the Kittitas Couniy Superior Court.J) Attomey's Fees. In the event it is necessary for either party to utiiize 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. ln thiivent of litigation regarding any telms of this Agreement, the substantially prevailing parly shall be entitled, inaddition otherrelief, to such reasonable attorney's fees ano costs ai detJrmined by the Court.K) Waiver of Breach. The waiver by either pa4y of the breach of any provision of iiris Agreement by the other party must be in writing and shall not operate nor be construed as awaiver ofany subsequent breach by such other party.L) Savings Clause. Nothing in this Agreement stratt Ui construed so as to require the commissions of any act contrary to law, and wherever there is any conflici between anyprovisions 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 with-in legal requirements. V. KCJ agrees to A) Refer inmates to the COMPREHENSIVE Mental Health Counselor (MHC) for evaluationfor services relating to the inmate's overall behavior based upon obsirvations of inmate conduct and the training of KCJ staffas described herein. B) Provide appropriate and accurate information on referred inmates. C) Provide appropriate support for the COMPREHENSIVE MHC to accomplish their needed servlces. D) Designate Superintendent Steve Panattoni, his designee, or other individual assigned as suchby the sheriffas contact person and liaison wittr coMpREHENSIVE. E) To pay $128,024 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 Jays. VI. CWCMH agrees to: A) Designate Greg Aubol greg.aubol@comphc.org or designee as COMpREHENSIVE contactperson and liaison with KCJ and Dan Ladd Daniel.ladd@comphc.org as contact person related to billing or conhact. B) Provide the listed services presented in Exhibit A. VII. COMPREHENSM and KCJ mutually agree: 2 A) To maintain an open line of communication between KCJ staffand 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 shill sign and incorporate the "Business Associate Agreement" pertaining to HIPAA compliance aJan integral portion of renewalof this agreement and before engaging in performance of this agreement.D) To acknowledge that inmates may refuse COMPREAENSIVE services exiept to any extent mandated by law including court order. E) That lhe COMPREHENSM MHC's activities will not go beyond those duties as approved by KCJ and GoMPREHENSIVE except as otherwise provided by law.F) COMPREHENSIVE agrees to removeany MHC ptouid"d to KiJ immediately upon written request by KCJ. G) COMPREHENSIVE will bill KCJ on a quarterly basis for the services. FI) 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 withoutincurring any cost under this agreement. "Good cause'iincludes security or rufri concerns, including unforesetn staffing shortages, that may impact the safe op"."tion, of the KCJ in the judgement of the authorized KCJ personnel. V[I. Hold Harmless and Indemnification: COMPREHENSIVE agrees to hold harmless, indemnifu 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 ornegligent act, error, or omission of COMPREHENSIVE, its officers, agents, or employees, in connection with the services required by the Agreement, provided, howeuer, that: (1) COMPREHENSIVE's obligations to indemni$, defend and hold harmless shall not extend to injuries' sickness, death or damage caused by or resulting from the sole willful misconductor negligence of Kittitas County, its officers, agents o. "*ploy.es or sub-consultants; and(2) COMPREHENSM's obligations to indemni$r, defend and hold harmless for injuries, sickness, death or lamage caused by or resulting from the concurrent negligence or willful misconduct of CoMPREHENSIVE and Kittitas County or of COMpnsI{pl{SlvE and athird party other than an officer, agent or employee f CbMPREHENSIVE, shall apply only to the extent of the negligence or willful misconduct of GOMpREHENSIVE. C) 1n9 parties agree to cooperate to the greatest extent possible in the defense of any and all claims that may implicate this Section. IX. Interpretation This Agreement has been submitted to the scrutiny of all parties and their counsel, if desired, andit shall be given a fair and reasonable interpretation in accordance with its words, without consideration or weight given to its being drafted by any pafiy or its counsel. Ali words used inthe singular shall include the plural; the present tense shall intlude the future tense; and the masculine gender shall include the feminine gender. 3 X. Entire Agreement l!i1 Agreement represents the entire integrated Agreement between Kittitas County and COMPREHENSTVE and supersedes all prior negoliations, representations or agre#ent, eitherwritten or oral. 4 IN -WITNFSF " UHEREoF, the parties have executed this Agreement thk Wday oflNu.|1LW l/,202t J r,{i, Print Name of Contractor Address: Comprehensive Healthcare 707 N Pearl SU Suite K Ellensburg, WA98926 Project Contact: Greg Aubol APPROVED: BOARD OF COLINTY COMMISSIONERS KITTIT Commissioner COUNTY OF KITTITAS SHERIFF'S OFFICE ft#f.e@,=. Sheriff TILL By F-'t L o Prosecuting County's Address: Kittitas County 205 West 5$ Avenue, Suite 108 Ellensburg, WA 98926 Project Contact: Steve Panattoni ofSi 4,t- L.j 5 Exhibit "A" Scooe of Services: a. Provide screening of inmates within 72 hours of booking, most often within 24 hoursof booking. If inmate is booked over the weekend or on holid"y, 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 attomeys consistent with HIPPA and42 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 ofrecidivism i. Make referrals to providers in the inmate's community of residence.j. Provide warm handoffrefenals when possiblek- coordinate referrals with other providers serving inmates at KCJ. Exhibit "B" Budget breakdown: I FTE MHC Benefits and Taxes Cell Phone Dues and Fees Administration Total: $80,000 $24,000 $l 80 $rs0 $23,694 $128,024 6 Exhibit "C" Schedulins and Trainins Breakdown: o Monday tbrough Friday 0800-1700, but has the flexibility and availability to change if needed for KCJ. This will include a one hour lunch break.t Maximum one hour each week of clinical supervision weekly at Comprehensive's pearl Street office. o 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.r 40 hows of required trainings much be completed each year to maintain credentialed status. 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. 7