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Home My WebLink About12-20-2004 ITEM VIII-B-4CITY OF WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Date: Resolution No. 3794 December 20, 2004 Department: Attachments: Budget Impact: Human Resources Resolution No. 3794 Administrative Recommendation: City Council adopt Resolution No. 3794. Background Summary: Resolution No. 3794 authorizes the Mayor and City Clerk to execute an Agreement between the City of Auburn and Highland Courte Treatment Center, January 1, 2005 through December 31, 2005. S1220-1 A1.4.1 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ® Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board El Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until _/_/_ Tabled Until _/_/_ Counclimember: Backus Staff: Heineman Meeting Date: December 20, 2005 Item Number: VIII.B.4 AUBURN * MORE THAN YOU IMAGINED RESOLUTION NO. 3 7 9 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND HIGHLAND COURTE TREATMENT CENTER, JANUARY 1, 2005 — DECEMBER 31, 2005. WHEREAS, The City of Auburn desires to contract for inpatient care for eligible defendants who have been assessed as chemically dependent; and WHEREAS, Highland Courte, 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, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of Auburn, Washington are herewith authorized to execute an Agreement between the City of Auburn and Highland Courte Treatment Center. The Agreement, a copy of which is approved and ratified. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution 3794 December 6, 2004 Page 1 Section 3. This resolution shall be effective upon dates and signatures. DATED and SIGNED this day of October 2004. ATTEST: Danielle E. Daskam, City Clerk I�fi73iffi-7n PETER B. LEWIS MAYOR Attorney -------------------- Resolution 3794 December 6, 2004 Page 2 Working Agreement Page 1 of 6 Working Agreement Between Highland Courte And The City Of Auburn This working agreement ("Agreement) is made between the City of Auburn herein referred to as "Auburn" and Highland Courte. Whereas, Auburn desires to contract its' inpatient care for eligible offenders who have been assessed as chemically dependent, and Whereas, Highland Courte 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 considerations 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 Highland Courte. 1. 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 Addiction Medicine (ASAM) criteria. 2. Auburn probation will refer potential clients to the ADATSA program prior to referral to Highland Courte. Exhibit A Working Agreement Page 2 of 6 3. Highland Courte shall only admit patients who swear by written affidavit that they have not been convicted of a violent, sexual, or felony property crime. The treatment center shall verify this information by obtaining a criminal background check as soon as practicable, including performing a Washington access to criminal history background check with the Washington State Patrol's WATCH website, or a similar background check according to the state in which the applicant resides, before admitting any patient. Applicants who have been convicted of a violent, sexual, or felony property crime shall not be admitted or shall not receive further treatment. This condition shall not apply to persons convicted of the crimes of Assault III or Assault IV, or to persons convicted of Class C property crimes. 4. Highland Courte reserves the right to refuse admission to anyone whose treatment or security needs cannot be met. 5. The initial transportation to Highland Courte will be provided by Auburn probation at Auburn expense. Return from Highland Courte will be scheduled in advance, by Auburn probation once notified by Highland Courte of client discharge date. 6. The full scope of treatment to be provided will be for 28 days of intensive inpatient treatment only. The fee for this service will be at the rate of $90.00 per day. Auburn will provide a tuberculosis test result, if not; Highland Courte will bill the City of Auburn a $10.00 fee for tuberculosis testing per client. A minimum of eight (8) clients per month will be accepted by Highland Courte and more will be approved on a "space available" basis. 7. Billing will be invoiced on a monthly basis from Highland Courte to Auburn by the 6a' work day of the month following the month in which treatment was provided. The invoice will indicate the number of days, date of admission, end date of contracted services per client. (See attachment 1). A copy of the patient status report for each client will. accompany the invoice, as well as a copy of the discharge summary. Exhibit A Working Agreement Page 3 of 6 8. 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 Sunday, Auburn will pay for 28 days of treatment, but Highland Courte will hold the patient for Monday pickup at no additional cost to Auburn. 9. When an Auburn patient aborts treatment or otherwise leaves Highland Courte against program advice, Highland Courte staff will give immediate notice to Auburn probation at (253) 288- 7405. 10. Highland Courte 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. 11. Highland Courte will maintain program certification and licensure per'WAC 388- 805 and WAC 246-326 for the duration of this agreement. 12. Nothing in this agreement shall extend to any supervisory, custodial or security service or function, except as specifically set forth in this agreement. Highland Courte does not accept responsibility for correctional supervisory/security functions Section 2. Term of agreement This agreement shall commence on January 01, 2005 and shall terminate on December 31, 2005 unless terminated earlier, pursuant to the terms of this agreement. Section 3. Termination This agreement may be terminated by any party, prior to the expiration of the agreement, upon forty-five (45) days written notice. Exhibit A Working Agreement Page 4 of 6 Section 4. Indemnification/hold harmless Auburn and Highland Courte shall defend, indemnify and hold the other party, it's officers, officials, employees and volunteers harmless for 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: City of auburn: Greg Bockh, Probation Manager 340 East Main St. Suite 101, Auburn, WA. 98001 Section 6. Nondiscrimination and compliance Auburn and Highland Courte 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 Highland Courte 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. Exhibit A Working Agreement Page 5 or 6 Section 7. Severability If any provision of this agreement or the applications 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 affected and will continue to full force. Section 8. Amendment Auburn and Highland Courte 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 Highland Courte agree that no party shall assign, transfer, or sell its rights under this agreement or delegate its duties hereunder 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 of this agreement will not constitute a waiver or relinquishment of any party's right to thereafter enforce such term. Exhibit A Working Agreement Page 6 of 6 Section 11. Integration This writing contains all terms of this agreement. It replaces all prior negotiations 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 Highland Courte execute this six (6) page agreement. Highland Courte Name Title City of Auburn Signature Name Title lllz—X�111 At Date Date Exhibit A LO 4 CD co LO 0z z ' 00 < CD CO HIUHLAND CUURTE PAGE 02 LL 0 M.: F-? z 0 ui 0 LL I U- 0 0 Lu co LU .4 o UJ O. co J La C-) inLu m 0 Q 0 . La -4 z w z�4� >0 co a. HIUHLAND CUURTE PAGE 02 LL 0 M.: F-? z 0 ui 0 LL I