HomeMy WebLinkAbout3931
RESOLUTION NO. 3 9 3 1
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 SEATTLE MENTAL HEALTH
WHEREAS, the City of Auburn experiences repeat offenders of the legal
system, in large part to due to mental health issues; and
WHEREAS, treatment of the mental health issue, rather than
incarceration, can lead to minimizing the number of these type of offenders; and
WHEREAS, treatment is better for the individual and less expensive than
incarceration; and
WHEREAS, it is in the best interest of the City of Auburn to contract
expedited mental health treatment services for eligible defendants; and
WHEREAS, Seattle Mental Health, has experience providing expedited
mental health treatment services, 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 are hereby authorized to execute
an Agreement between the City of Auburn and Seattle Mental Health in
substantial conformity with the Agreement attached hereto, marked as Exhibit
"A" and incorporated herein by this reference.
Resolution No. 3931
November 2, 2005
Page 1
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 resolution shall be take effect and be in full force upon
passage and signatures hereon.
DATED and SIGNED this f. day of November 2005.
~,e
PETER B. LEWIS
MAYOR
~
----:-
ATTEST:
)Q~.r[j~
Danlelle E. Daskam,
City Clerk
,
/
-----
Resolution No. 3931
November 2, 2005
Page 2
..
"
SMH Contract #: 2005- AUB1001-01
CONTRACT
between
CITY OF AUBURN
and
SEATTLE MENTAL HEALTH
Contract Period From:
November 9, 2005
To: December 31, 2005
SEATTLE MENTAL HEALTH AGENCY SERVICES- 2005
THIS CONTRACT is entered into by CITY OF AUBURN, and Seattle 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 November 9, 2005 through December 31, 2005 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:
I. 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 9th day of November, 2005, and shall terminate on the
31st day of December 2005, unless extended or 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
Seattle Mental Health
Page 1 of 10
AUBURN
0,
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 perfomnance 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
Seattle Mental HeaKh
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, 0, and E.
IX. ASSIGNMENT/SUBCONTRACTING
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 temn
"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.
Seattle 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. The Agency shall provide the City of Auburn 90 days advance
written notice of its intent not to renew this Contract, in whole or in part.
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 Aubum 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
Seattle Mental Health
Page 4 of 10
AUBURN
save harmless the City of Auburn, its officials, officers, agents, and employees from
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 ciaim, 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
Seattle Mental Health
Page 5 of 10
AUBURN
subcontractor, its officers, employees, and/or agents in connection with or in support of
this Contract.
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 tl'1is 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 Insurens. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
Seattle Mental Health
Page 6 of 10
AUBURN
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
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.
XXII. ENTIRE CONTRACTfWAIVER 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
Seattle Mental Health
Page 7 of 10
AUBURN
"
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
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 reguiations 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
1. The Agency agrees not to use or disclose protected health infornnation 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.
Seattle Mental Health
Page 8 of 10
AUBURN
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
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 9164.528
B. Permitted Uses and Disclosures by Business Associate
Agency may use or disclose protected heaith 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
1. 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 infomnation 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.
CI -J
SEATTLEMEN:A~ HJ?A~
By: p~ R".(
Titl~A:> ~--&tJ1 a 0
If bnl t) ('
/'
Date:
By:
Peter B. Lewis, Mayor
Date:
NOV - 7 Z005
Seattle Mental Health
Page 9 of 10
AUBURN
ATTEST:
~~~o,,~
an lie E. Daskam
City Clerk
Seattle Mental Health
Page 10 of 10
AUBURN
. '.
Exhibit A
Auburn Municipal Court Mental Health Program
SCOPE OF SERVICES
Seattle 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 Seattle Mental Health Contract 2005
Page 1 of2
, . .
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 Seattle Mental Health Contract 2005
Page 2 of 2
~- ~~'~ /
AMENDMENT #1
MEMORANDUM OF AGREEMENT
CITY OF AUBURN -JAIL TRANSITION SERVICES
AMENDMENT CHANGES
Replace the entire first paragraph with the following:
"The following agreement is entered into between the King County Department of
Community and Human Services (the County) and the City of Auburn (the City)
effective December 1, 2005 through June 30, 2009 unless terminated by consent of
both parties. This agreement covers relationships and operational agreements for
purposes of providing jail transition services to City of Auburn defendants with co-occurring
mental health and substance abuse disorders who are about to be released from the City of
Auburn Municipal Jail, the King County Correctional Facility, or the Regional Justice Center."
Change all references to Seattle Mental Health in the agreement from "Seattle Mental Health" to
the following:
"Sound Mental Health"
IN WITNESS HERETO, the City of Auburn and the King County Department of Community and
Human Services/Mental Health, Chemical Abuse and Dependency Services Division, have
executed this Amendment to the Agreement originally signed on December 14, 2005 and
January 5, 2006, respectively, as of the dates written below:
Approved:
KING COUNTY
Jackie IDfacLean, bliterctor
Dept. of Community and Human Services
~ ~lolo~
Date
CITY OF AUBURN
~~ r~ ,n_l. a •~ • ~ ~
~' B e da Heineman, Director of Human
Resources/Risk Management
~~..~ -~
Date
CJ/MH -City of Auburn Page 1 of 1 2007 MOA Amendment
ATT ST: ~~~~? ~
~~
Danielle E. Daskam, City Clerk
AMENDMENT #2
MEMORANDUM OFAGREEMENT
with
CITY OF AUBURN
for
JAIL TRANSITION SERVICES
AMENDMENT CHANGES
Replace the entire first paragraph with the following:
"The following agreement is entered into between the King County Department of
Community and Human Services (the County) and the City of Auburn (the City)
effective December 1, 2005 through June 30, 2011 unless terminated by consent of
both parties. This agreement covers relationships and operationai agreements for
purposes of providing jail transition services to City of Auburn defendants with mental heaith
and/or substance abuse disorders who are about to be released from the Auburn Municipal
Jail, the King County Correctional Facility in Seattle, or the Norm Maleng Regional Justice
Center in Kent."
IN WITNESS HERETO, the City of Auburn and the King County Department of Community and
Human Services/Mental Health, Chemical Abuse and Dependency Services Division, have
executed this Amendment to the Agreement originally executed on January 5, 2006 and
amended on July 10, 2007:
Approved:
KING COUNTY CI OF AUBURN
~14
Jack cLea Dir ctor r nda Heineman, Director of Human
Dept. of Community and Human Services Resources/Risk Management
Date Date
ATTEST:
zL."
Danielle E. Daskam, City Cle
APP O ED F
Daniel B. Heid, ity Attorneys/ 40
CJ/MH - City of Aubum ; Page 1 of 1 2009 MOA Amendment
AMENDMENT #3
MEMORANDUM OF AGREEMENT
with
CITY OF AUBURN
for
JAIL TRANSITION SERVICES AMENDMENT CHANGES
1. PROGRAM DESCRIPTION
D. Definitions
Renumber items D.1.-D.4 to D.2.-D.5.
Insert new item D.1. to read as follows
1: Alcohol and Drug Addiction Treatment and Support Act (ADA'fSA): Services for
indiyiduals who meet both fnancial criteria as established by the; Washington State
Department' of Social & Health Services (DSHS) Community Services Office (i.e.,
general assistance) antl are assessed as having a drug or alcohol treatment need;
treatment may include inpatient (residential services) and outpatient (individual and
group counseling)."
F. Program Specific Requirements
Replace item F.1. to read as follows:
"1. The City shall:
, a. Identify and provide transition services to persons with mental illness and/or
substance abuse disorclers to expedite and facilitate;their retum to the community
via the following;
i. Arrange for mental health screening for individuals who display behalvior
consistent with a need for such screening or who have been referred by jail staff,
or officers of the court;
ii. Assess pecsons incarcerated at the Aubum City Jail for program eligibility,
, particulaMy those persons who are members of the priority populations as
defined in Chapter 71:24 RCW ; .
iii. Referral to the DSHS for facilitation.of expedited medical and financial eligibility
determination with the goal of immediate access to entitlements and other
publicly funded' benefifs, including ADATSA. ; upon release from incarceration.
b. Provide medications prescribed to incarcerated individuals at the Auburn City Jail for
the purposes of relieving psychiatric sympfoms, including medications to ameliorate
the side effects of psychotropic medication;
c. Provide defendant information to the County or the County's contracted agency,
Sound Mental Health (SMH) upon request;
d. Provide a referral to SMH's criminal justice liaison prior to the'eligible person's
release from jail in order to determine,appropriate mental health or other services,
CJ/MH - City of Aubum Page 1 of 3 2010 MOA Amendment
s . .
including the Jail Transition SerVices program (called Project START), to stabilize
the person in the community;
d. Collaborate with other human services system liaisons under contract.with the
County, court staff, and SMH in arranging for senric:es to persons referred by the jail;
and
e. If and when applicable, ensure that persons who have been diagnosed with a
mental illness or identified as in need of inental health services and are transferred
to another jurisdiction, such as a tribal jail or a jail in another county, receive.
appropriate transition services including prudent pre-release case management and
transition planning."
Delete item F.3. in its entirely.
Renumber items F.4.-F.5. to F.3:-F.4.
Replace renumbered item F.4. to read as follows:
"4. The County shall:
a. Ensure the provision of co-occurring disorders (COD) treatment, support services,
and transportation to the service site from the municipal jail or the Norm Maleng
Regional Justice Center (RJC) for eligible defendants being released from custody;
b. Provide ADATSA assessments (including video. assessments) and eligibility
determination, and place eligible and amenable defendants in appropriate chemical
dependency treatment upon release;
c. Ensure the proyision ofi reentry case management services for defendants who are
exiting jail and who are eligible and participate in this program; and
d. Analyze data and evaluate program and client outcomes:°
II. REPORTING.REQUIREMENTS
Change this entire section to read as follows: "1. The City will provide defendant data either verbally or in a format mutually agreed upon
by the City and the County to expedite and assure an.appropriate refeRal to Sound
Mentaf Health for services. Data needed for an appropriate ceferral may include the
following:
Data Element Descri tion
First Name First name
Middle Name Middle name or initial
Last Name Last name
DOB Birth date Gender Male or Female
Ethnici
Hi anic Ori in
Court Case Number Court Case Number
Bookin Date Date consumer was booked in 'ail
Exit date Date consumer was released from 'ail
2. The City shall provide Aubum City Jail booking data for program participant outcome
evaluation purposes upon request by the County and in a format agreed upon by the
County and the City.°
CJ/MH - City of Aubum Page 2 of 3 2010 MOA Amendment
.
. , .
, . ~
3. If the data provided by the City includes social security numbers, the County promises
that the social security numbers released shall be treated as confidenfial informafion
that will only be used for the purpose ofi research and evaluation of the Jail Transition
Services program orthe Criminal Justice Initiatives project, and it shall disclose the
numbers only to employees of the Departrnent of Community and Human Services.
a. The County will not disclose, publish, or otherwise reveal any of the social security
numbers to any other party whatsoever except with the specific prioc written
authorization of the City and will take best efforts and precautions to prevent and
protect the numbers from disclosure to any person other than the Department's
employees. .
b. The County agrees to indemnify, defend, and hold harmless the City against any
, loss, including attomey fees, damage, or liability arising from disclosure of`tlie social
security numbers provided by the City. The County shall have sole control of the
defense and settlement of any claims for which it provides indemnification. IN WITNESS HERETO, the City of Auburn and the King County Department of Community and
- Human Services/Mental Health, Chemical Abuse and Dependency Services Division, have
executed this Amendment fo the Agreement originally executed on January 5; 2006 and amended
on July 10, 2007 and June 18, 2009:
Approved:
KING COUNTY CITY OF AUBURN
.
-
Jackie MaKean, 'rect Brenda Hememan*, Director of Human
Dept. of Community and Human SerVices Resources/Risk Management
~ IO I la ~
Date Date -
A ST:
Danielle . Das m, City Clerk
AP O D S O .
D n' R. eid, ' A om
CJ/MH = City of Aubum Page 3 of 3 2010 MOA Amendment