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HomeMy WebLinkAbout5572ORDINANCE NO. 5572 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND KING COUNTY MENTAL HEALTH, CHEMICAL ABUSE, AND DEPENDENCY SERVICES DIVISION. WHEREAS, Auburn desires to contract for inpatient care for eligible defendants who have been assessed as chemically dependent; and WHEREAS, King County Mental Health, Chemical Abuse and Dependency Services Division has experience providing inpatient services for chemically dependent offenders, and is fully licensed and certified to do so. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of Auburn, Washington, are hereby authorized to execute an Agreement between the City of Auburn and King County Mental Health, Chemical Abuse, and Dependency Services Division. A copy of said Agreement is attached as Exhibit "A" and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. Ordinance No. 5572 July 18, 2001 Page 1 INTRODUCED: August 20, 2001 PASSED: Aummt 20 2001 APPROVED: August 20, 2001 J" 4 CHARLES A. BOOTH MAYOR ATTEST: Dan Ile E. Daskam City Clerk APPROVED AS TO FORM: 1 Michael J. Reynolds City Attorney Published: Gctc �? J-00/ Ordinance No. 5572 July 18, 2001 Page 2 CITY of AUBURN and KING COUNTY MENTAL HEALTH, CHEMICAL ABUSE, and DEPENDENCY SERVICE DIVISION WORKING AGREEMENT THIS WORKING AGREEMENT ("Agreement') is made between the City of Auburn hereinafter referred to as "Auburn" and King County Mental Health, Chemical Abuse and Dependency Services Division ("King County') through Cedar Hills Addiction Treatment Facility. WHEREAS, Auburn desires to contract its inpatient for eligible offenders who have been assessed as chemically dependent, and WHEREAS, King County has experience providing inpatient services for chemically dependent offenders, and is fully licensed and certified to do so, NOW, THEREFORE, in consideration of the promises and other good and valuable contained in this Agreement, the receipt and sufficiency of which is acknowledged, the parties agree as follows: Section 1. Rights and Obligations of Auburn and King County Auburn Probation will conduct the initial screening, per the ADATSA format and when time permits, will also conduct the CD assessment per American Society of Medicine (ASAM)/Cedar Hills Addiction Treatment Facility criteria. Auburn Probation admissions are screened the same as any other admission with the same exclusionary criteria applied regarding criminal charges: no arson, no assault with a weapon, no assaults not related to drug or alcohol abuse, no violent or predatory sexual offenses, no charges that indicate that the person will pose a danger to the residential treatment community or facility. Auburn Probation will Contmct Auburn and Cedar Hills Addiction Treatment Facility May 1 — December 31, 2001 Page I Exhibit "A" send as much information as possible for non-ADATSA patients. This may include prior treatment history, history of legal charges, jail ADATSA summary, and pass status. • Cedar Hills reserves the right to refuse admission to anyone whose treatment or security needs cannot be met. • The initial transportation to Cedar Hills Addiction Treatment Facility will be provided by Cedar Hills Addiction Treatment Facility with backup provided by Auburn Probation. Defendants may be picked up at Auburn Jail, the Regional Justice Center, or King County Correctional Facility. Auburn Probation will provide transportation from Cedar Hills Addiction Treatment Facility at the end of treatment. • The full scope of the treatment to be provided will be determined during each client's intake; however, it is understood that Auburn will agree to pay the costs associated with the initial 28 day Inpatient Program only. The cost of this program will be at the rate of $55.00 per day X 28 days, regardless of level of care. As a regular part of the intake process, each client will complete an ADATSA application prior to admission, if possible, or during the first 7 days of treatment. If eligible and approved, treatment costs will be funded by State ADATSA. Cedar Hills Addiction Treatment Facility will switch funding source for each Auburn patient to the ADATSA source to match the date of eligibility, per ADATSA. Auburn Probation requests a copy of the ADATSA evaluation summary for each client, if billed by Cedar Hills Addiction Treatment Facility. • Billing will be invoiced on a monthly basis from Cedar Hills Addiction Treatment Facility to Auburn by the 6th day of the month following the month in which treatment was provided. The invoice will indicate the number of days, date of Contract Auburn and Cedar Hills Addiction Treatment Facility May 1 — December 31, 2001 Page 2 Exhibit "A" admission, end date of contracted services per client, and level of care. (See Attachment 1). A copy of the patient status report for each client will accompany the invoice. • If the scheduled release date falls on a Saturday, Auburn agrees to pay for 28 days of treatment, but have the patient released on Friday. If the scheduled release date falls on a Sunday, Auburn will pay for 28 days of treatment, but Cedar Hills Addiction treatment Facility will hold the patient for Monday pickup at no additional cost to Auburn. • When an Auburn patient aborts treatment or otherwise leaves Cedar Hills Addiction Treatment Facility against program advice, Cedar Hills Addiction Treatment Facility will give immediate notice to Auburn Probation (253-288-7404). • King County is responsible for ensuring that all employees or agents, who provide certified treatment services to Auburn defendants under this Agreement, pass a background check and meet all Chemical Dependency Professional requirements of WAC 388-805 prior to providing any services. • Cedar Hills Addiction Treatment Facility will maintain program certification and licensure per WAC 388-805 and WAC 246-326 for the duration of this agreement. • Nothing in this Agreement shall extend to any supervisory, custodial or security service or function except as specifically set forth in this Agreement. King County does not accept any supervisory/security functions. Section 2. Term of Agreement This Agreement shall commence on May 1, 2001 and shall terminate on December 31, 2001 unless terminated earlier, pursuant to the terms of this Agreement. Section 3. Termination Contract Auburn and Cedar Hills Addiction Treatment Facility May I — December 31, 2001 Page 3 Exhibit "A" This Agreement may be terminated by any party, prior to the expiration of the Agreement, upon forty-five (45) days written notice. Section 4. Indemnification/Hold Harmless Auburn and King County shall defend, indemnify and hold the other party, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, relating to or arising from this Agreement, caused by each party's own negligence. Section 5. Notice Requirements Any notice required under this Agreement shall be in writing and given by serving said notice personally, or by sending such notice by U.S. mail, postage prepaid, to the following addresses: King County: Jodi Riley-Kauer, C.S.W., Administrator, Cedar Hills Addiction Treatment Facility. DCHS/MHCADS 15900227 th Ave SE Maple Valley, WA 98038 City of Auburn: Greg Bockh, Probation Manager 3 First Street NW Auburn, WA 98001 Section 6. Nondiscrimination and Compliance Auburn and King County agree that each entity shall comply with all federal, state, and local nondiscrimination laws, regulations, and policies in carrying out the terms of this Agreement. Auburn and King County further agree that they shall abide by all local, state, and federal laws and regulations concerning the confidentiality of any identifying client information or other record obtained under this Agreement, including compliance with 42 CFR. Section 7. Severability Contract Auburn and Cedar Hills Addiction Treatment Facility May 1 — December 31, 2001 Page 4 Exhibit "A" If any provision of this Agreement or the application of any term or provision to any person or circumstance is invalid or unenforceable, the remainder of this Agreement, or the application of the term or provision or persons or circumstances other than those as to which it is held invalid, or unenforceable, will not be effected and will continue to full force. Section 8. Amendment Auburn and King County agree that no alteration, amendment, modification, or waiver of any clause or condition of this Agreement is effective or binding unless made in writing and signed by all parties to this Agreement. Section 9. Assignment Auburn and King County agree that no party shall assign, transfer, or sell its rights under this Agreement or delegate its duties thereunder without the prior written consent of the other party. Section 10. Non -Waiver Failure of either party to insist upon the strict performance of any term in this Agreement will not constitute a waiver or relinquishment of any party's right to thereafter enforce such term. Section 11. Integration This writing contains all terms of this Agreement. It replaces all prior negotiations pertaining to the subject matter of this Agreement. The parties acknowledge that they are not entering into this Agreement on the basis of any representations not expressly contained herein. IN WITNESS WHEREOF, Auburn and King County execute this five (5) page Agreement. KING COUNTY MENTAL HEALTH, CITY OF AUBURN CHEMICAL ABUSE & DEPENDENCY Contract Auburn and Cedar Hills Addiction Treatment Facility May 1 — December 31, 2001 Page 5 Exhibit "A" Name ,Di/&-z,7vKyc�s Title 1 l Z// Date a 2�,+C Signature Charles A. 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