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HomeMy WebLinkAboutSound Mental Health SMH Contract#: 2005-AUBI001-01 CONTRACT between CITY OF AUBURN and SOUND MENTAL HEALTH Contract Period From: January 1, 2008 To: December 31, 2008 SOUND MENTAL HEALTH AGENCY SERVICES- 2008 THIS CONTRACT is entered into by CITY OF AUBURN, and Sound Mental Health, whose address is 1600 East Olive Street. Seattle, WA 98122 (the "Agency"). WHEREAS, the City has been advised that the following are the current funding sources, funding levels and effective dates of January 1, 2008 through December 31, 2008 with the potential to extend the contract annually for the same scope of services and compensation if agreed to by both parties. NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: 1. SCOPE OF SERVICES The Agency shall provide services and comply with the requirements set forth hereinafter and in the Exhibit A, attached hereto and incorporated herein by reference. II. DURATION OF CONTRACT This Contract shall commence on the 1st day of January 2008, and shall terminate on the 31St day of December 2008, and shall be automatically renewed on an annual basis unless terminated in writing by either party earlier, pursuant to the terms and conditions of the Contract. All services being provided by the Agency to Auburn Municipal Court clients under the Contract shall terminate on the termination date of this Contract. III. COMPENSATION AND METHOD OF PAYMENT A. The City of Auburn shall reimburse the Agency for satisfactory completion of the services and requirements specified in this Contract, payable in the following manner: As indicated in Exhibit A for expense reimbursement and in accordance with the terms and conditions of this Contract. B. The Agency shall submit an invoice and all accompanying reports as specified in Exhibit A not more than fifteen (15) calendar days after the last day of the monthly invoice period. The City of Auburn will initiate authorization for payment after approval of invoice(s) and reports. The City of Auburn shall make payment to the Agency in Sound Mental Health Page 1 of 10 AUBURN accordance the financial procedures of the City of Auburn after an accurate and complete billing invoice package is received. C. The Agency shall submit its final invoice and all outstanding reports within 15 days of the date this Contract terminates. If the Agency's final invoice and reports are not submitted by the day specified in this subsection, the City of Auburn will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice. IV. INTERNAL CONTROL AND ACCOUNTING SYSTEM The Agency shall establish and maintain a system of accounting and internal controls that complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards. V. MAINTENANCE OF RECORDS A. The Agency shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the City of Auburn to ensure proper accounting for all Contract funds and compliance with this Contract. B. These records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40.14. C. The Agency shall inform the City of Auburn in writing of the location, if different from the Agency address listed on page one of this Contract, of the aforesaid books, records, documents, and other evidence and shall notify the City of Auburn in writing of any changes in location within ten (10) working days of any such relocation. VII. EVALUATIONS AND INSPECTIONS A. The Agency shall provide right of access to its facilities, including those of any subcontractor, to the City of Auburn, the state, and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Contract. The City of Auburn will give advance notice to the Agency in the case of fiscal audits to be conducted by the City of Auburn. B. The records and documents with respect to all matters covered by this Contract shall be subject at all times to inspection, review, or audit by the City of Auburn and/or federal/state officials so authorized by law during the performance of this Contract and six (6) years after termination hereof, unless a longer retention period is required by law. C. The Agency agrees to cooperate with the City of Auburn or its agent in the evaluation of the Agency's performance under this Contract and to make available all information reasonably required by any such evaluation process. The Agency shall provide the City of Auburn copies of all subcontracts at the City of Auburn's request. The results and records of said evaluations should be maintained and disclosed in accordance with RCW Chapter 42.17. VIII. CORRECTIVE ACTION Sound Mental Health Page 2 of 10 AUBURN If the City of Auburn determines that a breach of Contract has occurred, that is, the Agency has failed to comply with any terms or conditions of this Contract or the Agency has failed to provide in any manner the work or services agreed to herein, and if the City of Auburn deems said breach to warrant corrective action, the following sequential procedure will apply: A. The City of Auburn will notify the Agency in writing of the nature of the breach; B. The Agency shall respond in writing within five (5) working days of its receipt of such notification, which response shall indicate the steps which the Agency proposes to be taken to address the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than fifteen (15) days from the date of the Agency's response, unless the City of Auburn, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; C. The City of Auburn will notify the Agency in writing of the City of Auburn's determination as to the sufficiency of the Agency's corrective action plan within five (5) working days of its receipt of a corrective action plan. The determination of sufficiency of the Agency's corrective plan shall be at the sole discretion of the City of Auburn; D. In the event that the Agency does not respond within the appropriate time with a corrective action plan, or the Agency's corrective action plan is determined by the City of Auburn to be insufficient, the City of Auburn may commence termination of this Contract in whole or in part pursuant to Section X, Subsection B; E. In addition, the City of Auburn may withhold any payment owed the Agency or prohibit the Agency from incurring additional obligations of funds until the City of Auburn is satisfied that corrective action has been taken or completed; and F. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section X, Subsections A, B, C, D, and E. IX. ASSIGN MENTISUBCONTRACTING A. The Agency shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the City of Auburn. Said consent must be sought in writing by the Agency not less than fifteen (15) days prior to the date of any proposed assignment. B. "Subcontract" shall mean any agreement between the Agency and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of (1) support services not related to the subject matter of this Contract, or (2) supplies. X. TERMINATION A. This Contract may be terminated by the City of Auburn without cause, in whole or in part, prior to the date specified in Section II, by providing the Agency thirty (30) days advance written notice of the termination. B. The City of Auburn may terminate this Contract, in whole or in part, upon seven (7) days advance written notice in the event: (1) the Agency materially breaches any duty, obligation, or service required pursuant to this Contract, or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. Sound Mental Health Page 3 of 10 AUBURN If the Contract is terminated by the City of Auburn pursuant to this Subsection, the Agency shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Agency, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Agency shall return to the City of Auburn immediately any funds, misappropriated or unexpended, which have been paid to the Agency by the City of Auburn. C. If the City of Auburn expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Section II, the City of Auburn may, upon written notification to the Agency, terminate this Contract in whole or in part. If the Contract is terminated as provided in this Subsection: (1) the City of Auburn will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (2) the Agency shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination. Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the City Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract will terminate at the close of the current appropriation year. D. The Agency may terminate this Contract upon seven (7) days written notice, should the City of Auburn commit any material breach of this Contract. E. This Contract may be terminated by the Agency without cause, prior to the date specified in Section II, by providing the City of Auburn 90 days advance written notice of the termination. F. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. XI. FUTURE SUPPORT The City of Auburn makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. XII. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Contract, the Agency is an independent Contractor, and neither it nor its officers, agents, employees, or subcontractors are employees of the City of Auburn for any purpose. The Agency shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a City of Auburn employee under state or local law. The City of Auburn assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Agency, its employees, subcontractors and/or others by reason of this Contract. The Agency shall protect, indemnify, and save harmless the City of Auburn, its officials, officers, agents, and employees from Sound Mental Health Page 4 of 10 AUBURN and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Agency's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Agency of work, services, materials, or supplies by Agency employees or other suppliers in connection with or support of the performance of this Contract. B. The Agency further agrees that it is financially responsible for and will repay the City of Auburn all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Agency, its officers, employees, agents, representatives, or subcontractors. This duty to repay the City of Auburn shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract or the Termination section. C. The Agency shall protect, defend, indemnify, and save harmless the City of Auburn, its officials, officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Agency, its officers, employees, and/or agents in its performance or non-performance of its obligations under this Contract. The Agency agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents against the City of Auburn, in connection with or in support of the performance of this Contract. For this purpose, the Agency hereby waives, as respects the City of Auburn only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the City of Auburn incurs any judgment, award, and/or cost arising there from including attorney's fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Agency. D. The City of Auburn shall protect, defend, indemnify, and save harmless the Agency, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the sole negligent acts or omissions of the City of Auburn, its officials, officers, employees, or agents. The City of Auburn agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the City of Auburn, by mutual negotiation, hereby waives, as respects the Agency only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the Agency incurs any judgment, award, and/or cost arising there from including attorney's fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the City of Auburn. Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. E. To the extent that an Agency subcontractor fails to satisfy its obligation to defend and indemnify the City of Auburn under this Contract, the Agency shall protect, defend, indemnify, and hold harmless City of Auburn, its officials, officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of the Agency's subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Sound Mental Health Page 5 of 10 AUBURN F. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. XIII. INSURANCE REQUIREMENTS A. The Agency shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Agency, its agents, representatives, or employees in the amounts and types set forth below: 1. Automobile Liability insurance covering all owned, non-owned, hired, and leased vehicles with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. Coverage shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products- completed operations, stop gap liability, and personal injury and advertising injury and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse, or underground property damage. The City shall be named as an additional insured under the Agency's Commercial General Liability insurance policy with respect to the work performed under this Public Way Agreement using ISO Additional Insured Endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Professional Liability insurance with limits no less than $1,000,000 per claim for all professional employed or retained by the Agency to perform services under this Contract. 4. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance: 1. The Agency's insurance coverage shall be primary insurance as respects the City of Auburn. Any insurance, self-insurance, or insurance pool coverage maintained by the City of Auburn shall be in excess of the Agency's insurance and shall not contribute with it. 2. The Agency's insurance shall be endorsed to state that coverage shall not be cancelled by either party except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Auburn. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. Verification of Coverage. The Agency shall furnish the City of Auburn with documentation of insurer's A.M. Best rating and with original certificates and a copy of Sound Mental Health Page 6 of 10 AUBURN amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agency before commencement of the work. XIV. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY Discrimination Prohibited. The Agency shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Agency under this Agreement, on the basis of race, color, religion, creed, sex, age, national origin, marital status, or presence of any sensory, mental or physical handicap. XVI. SUBCONTRACTS AND PROVIDER AGREEMENTS AND PURCHASES The Agency agrees to include the following language verbatim in every subcontract or purchase agreement for services which relate to the subject matter of this Contract: "Subcontractor shall protect, defend, indemnify, and hold harmless the City of Auburn, its officials, officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from, the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that the City of Auburn is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." XVII. CONFLICT OF INTEREST The Agency represents to the City of Auburn that it has no conflict of interest in performing any of the services set forth in Exhibit "A." In the event that the Agency is asked to perform services for a project with which it may have a conflict, the Agency will immediately disclose such conflict to the City of Auburn. XVIII. NOTICES Whenever this Contract provides for notice to be provided by one party to another, such notice shall be: A. In writing; and B. Directed to the chief executive officer or designee of the Agency and to the Mayor of the City of Auburn. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XXI. CONTRACT AMENDMENTS Either party may request changes to this Contract. Proposed changes that are mutually agreed upon shall be incorporated by written amendments to this Contract. XXI1. ENTIRE CONTRACTIWAIVER OF DEFAULT The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent Sound Mental Health Page 7 of 10 AUBURN default. Waiver of breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the City of Auburn, which shall be attached to the original Contract. XXIII. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION The Agency and any subcontractor and provider agree to abide by the terms of all applicable federal, state, and local laws and regulations in performing under the Contract. XXIV. CONFIDENTIALITY The Agency agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with 42 CFR 431.300 through 431.307, Alcohol and Drug Abuse clients in accordance with 42 CFR part 2 and RCW 70.02 and 71.34. XXV. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY ACCOUNTABILITY ACT OF 1996 Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45 CFR Parts 160 and 164. A. Obligations and Activities of the Agency The Agency agrees not to use or disclose protected health information other than as permitted or required by law. 2. The Agency agrees to use appropriate safeguards to prevent use or disclosure of protected health information other than as provided for in this Contract. 3. The Agency agrees to mitigate, to the extent practicable, any harmful effect that is known to Agency of a use or disclosure of protect health information by Agency in violation of the requirements of this Contract. 4. The Agency agrees to report to the City of Auburn any use or disclosure of protected health information not provided for by this Contract of which it becomes aware. 5. The Agency agrees to ensure that any agent, including a subcontractor, to whom it provides protected health information received from, or created or received by Agency on behalf of the City of Auburn agrees to the same restrictions and conditions that apply through this Contract to Agency with respect to such information. 6. The Agency agrees to make available protected health information in accordance with 45 CFR § 164.524. 7. The Agency agrees to make available protected health information for amendment and incorporate any amendments to protected health information in accordance with 45 CFR § 164.526. 8. The Agency agrees to make internal practices, books, and records, including policies and procedures and protected health information, relating to the use and disclosure of protected health information received from, or created or received by Sound Mental Health Page 8 of 10 AUBURN the Agency on behalf of the City of Auburn, available to the Secretary, in a reasonable time and manner for purposes of the Secretary determining the City of Auburn's compliance with the privacy rule. 9. Agency agrees to make available the information required to provide an accounting of disclosures in accordance with 45 CFR § 164.528 B. Permitted Uses and Disclosures by Business Associate Agency may use or disclose protected health information to perform functions, activities, or services for, or on behalf of, the City of Auburn as specified in this Contract, provided that such use or disclosure would not violate the Privacy Rule if done by the City of Auburn or the minimum necessary policies and procedures of the City of Auburn. C. Effect of Termination Except as provided in paragraph C (2) of this Section, upon termination of this Contract, for any reason, the Agency shall return or destroy all protected health information received from the City of Auburn, or created or received by the Agency on behalf of the City of Auburn. This provision shall apply to protected health information that is in the possession of subcontractors or agents of the Agency. The Agency shall retain no copies of the protected health information. 2. In the event the Agency determines that returning or destroying the protected health information is infeasible, the Agency shall provide to the City of Auburn notification of the conditions that make return or destruction infeasible. Upon notification that return or destruction of protected health information is infeasible, the Agency shall extend the protections of Contract to such protected health information and limit further uses and disclosure of such protected health information to those purposes that make the return or destruction infeasible, for so long as the Agency maintains such protected health information. XXVII. DISPUTE RESOLUTION This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be exclusively in King County, Washington. The prevailing party in any such action shall be entitled to its attorneys' fees and costs of suit, which shall be fixed by the judge hearing the case and such fee shall be included in the judgment. CITY O . SOUND NTAL HEALTH B By: Peter B. Lewis, Mayor David Stone, CEO Date: 11/? Dater Sound Mental Health Page 9 of 10 AUBURN ATTEST: Danielle E: Daskam City Clerk APPROVED AS TO FORM: A-7 1,40? ity Attorney 3 Sound Mental Health Page 10 of 10 AUBURN Exhibit A Auburn Municipal Court Mental Health Program SCOPE OF SERVICES Sound Mental Health (SMH) has agreed to provide expedited mental health treatment services for clients/defendants of the Auburn Municipal Court. The responsibilities of the Auburn Municipal Court and SMH will be described in this Scope of Services. Reimbursement The City of Auburn will pay for up to 6 months of appropriate mental health treatment services (including psychiatric medication) for those Auburn Municipal Court clients who are not on Medicaid benefits at the time they opted in to the court. If the Auburn Municipal Court clients are not eligible for Medicaid benefits, the City of Auburn will pay for treatment services (including psychiatric medication) until the clients are in receipt of their benefits. If the Auburn Municipal Court clients are ineligible for Medicaid benefits, the City of Auburn will pay for appropriate treatment services (including psychiatric medication) for a period not to exceed 6 months. Voucher Payment- $1,400 maximum per voucher for up to six (6) months, billed in monthly increments of $233.33 per month for each month services are provided. Once client starts to receive eligible Medicaid benefits or absconds or is unavailable for treatment, the voucher will stop regardless of time remaining. In addition, SMH may bill for housing per person at a maximum of $500 per month for up to six (6) months. Medication can be billed at a maximum of $200 per month for up to six (6) months. If medical expenses exceed the $200 per month allotment, additional approval will be required from the City of Auburn. Monthly payment is initiated by the first face-to-face contact between SMC personnel and the inmate regardless of incarceration status. Auburn Municipal Court Responsibilities 1. The Auburn Municipal Court will refer eligible clients to SMH on the date client opted in to the court. 2. The Auburn Municipal Court will assign cases to SMH based on services needed and proximity to the client's place of residence. 3. The Auburn Municipal Court will fax treatment vouchers to SMH on the day of the referral. Exhibit A to Sound Mental Health Contract 2008 Page 1 of 2 4. The City of Auburn will provide payment to SMH according to the financial procedures of the City of Auburn. 5. The Auburn Municipal Court will collect data as needed for the evaluation component of this project. Seattle Mental Health Responsibilities 1. SMH will assign an Auburn Municipal Court agency liaison to facilitate communication with the court and to troubleshoot issues that may arise in the implementation of this project. 2. At the time of the referral, SMH will provide an intake appointment time for the Auburn Municipal Court client that will occur within 5 days of the referral date. 3. A case manager will be assigned to the Auburn Municipal Court client at the time of the intake appointment. 4. The case manager will be introduced to the client at the time of the intake appointment. 5. SMH will arrange for the Auburn Municipal Court client to see a medical prescriber within 7 days of the intake appointment. 6. The agency case manager will complete the Medicaid application (if applicable) for the Auburn Municipal Court client within 2 weeks of the first appointment with the case manager. 7. The agency case manager will accompany Auburn Municipal Court clients to Department of Social and Health Services offices and advocate on client's behalf for Department of Social and Health Services benefits. 8. SMH will work to establish expedited services with Department of Social and Health Services for Auburn Municipal Court clients. 9. Agency case manager will arrange first treatment session within one week of referral from the Auburn Municipal Court. 10.Accompanied with the monthly invoices, SMH will provide records of appointment dates for intake, treatment, medical prescriber, and case manager assignment to the Auburn Municipal Court program manager for every Auburn Municipal Court client referred by the court for this project. Exhibit A to Sound Mental Health Contract 2008 Page 2 of 2 ADDENDUM NO. 1 ADDENDUM TO SCOPE OF SERVICES EXHIBIT BETWEEN SOUND MENTAL HEALTH AND THE CITY OF AUBURN RELATING TO MENTAL HEALTH SERVICES THIS ADDENDUM is made and entered into this day of , 2009, by and between Sound Mental Health, (hereinafter referred to as the "SMH") and the C y of Auburn, a municipal corporation of the State of Washington (hereinafter referred to as the "City"), as an Addendum to the Scope of Services Exhibit to the Contract for Mental Health Services between the parties for mental health services executed on February 27, 2008. WITNESSETH: W HEREAS, the City and SMH (then Seattle Mental Health) entered into an Agreement dated December 21, 2005 relating to the provision of inental health services in support of the City of Auburn Mental Health Court; and, WHEREAS, when the City determined that this service satisfactorily met the needs of the City, it extended the agreement by entering into another Agreement dated February 27, 2008 under the same terms as the previous contract; and, WHEREAS, SMH must reallocate its resources and the needs ofthe Citys Mental Health Court have changed, the City and SMH wish to amend the Scope of Services Exhibit A of the current contract to reflect the new billing/payment procedure, at no additional cost to the City, without reduction in services. NOW THEREFORE in consideration of their mutual covenants, conditions and promises, the City and SMH agree to amend the Scope of Services Exhibit A to the current contract as follows: Payment 1. SMH will bill the City on the last day of each month, and the City will pay, in accordance with its normal accounts payable procedures, Three Thousand One Hundred Twenty-Five Dollars and No Cents ($3,125.00) to be used to support staff (.5 FTE) time of 20 hours per week dedicated to the City of Auburn. 2. In addition, SMH will bill the City each month, and the City will pay, in accordance with its normal accounts payable procedures, up to a maximum of One Thousand Fifty Dollars and No C:\Documents and SettingsVoberth\Local Settings\Temporary Internet Files\Content.0utlook\L46YX4Q7WddendumSMHContract 0809 (2).doc Page 1 of 2 Cents ($1,050.00), as needed, to be used to support actual housing, medication and miscellaneous expenses of City of Auburn participants for that month. The billing will contain an itemized list of expenditures. 3. The bill(s) will be sent to City of Auburn, ATTN: Greg Bockh, 340 East Main Street, Suite 101, Aubum, Washington 98002. Remaining Terms Unchanged. All other provisions of the Contract and Scope of Services shall remain unchanged and in full force and effect. Section 6: Effective Date. This Addendum shall be effective October 1, 2009. IN WITNESS WHEREOF the parties hereto have executed this Addendum SOUND MENTAL HEALTH CI ~ By: vi R. Sto e, CEO eter B. Lewis, Mayor Date: Attest: aj By: Danielle E. Daskam, City Clerk Approved as to form: ~ Daniel B. Heid, City Attomey C:\Documents and SettingsVoberth\Local Settings\Temporary Internet Files\Content.0utlook\L46YX4Q7WddendumSMHContract 0809 (2).doc Page 2 of 2