HomeMy WebLinkAbout4334RESOLUTION NO.4 3 3 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 RECOVERY CENTERS OF KING COUNTY
(RCKC)
WHEREAS, the City of Auburn desires to continue contracting for inpatient
care for eligible defendants who have been assessed as alcohol and chemically
dependent; and
WHEREAS, RCKC, has experience providing inpatient services for
alcohol and chemically dependent offenders, and is fully licensed and certified to
do so; sand
WHEREAS, the City of Auburn currently contracts with RCKC for
counseling and evaluation services; and
WHEREAS, for the first time, RCKC has offered to provide the City a 28-
day inpatient service for two defendants continuously, at a reasonable cost; and
WHEREAS, it is fiscally prudent, as well as potentially decreasing the
potential recidivism rate, to provide inpatient treatment as an alternative to
incarceration.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES as follows:
Resolution No. 4334
March 28, 2008
Page 1 of 2
Section 1. Purpose. The Mayor of the City of Auburn and the
Auburn City Clerk are hereby authorized to execute an Agreement between the
City of Auburn and Recovery Centers of King County, which agreement shall be
in substantial conformity with the Agreement a copy of which is attached hereto,
marked as Exhibit "A" and incorporated herein by this reference.
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directives of this legislation.
Section 3. Effective Date. This resolution shall be in full force and
effect upon passage and signatures hereon.
Dated and Signed this, 21f-- day of _ ? 12008.
CIT N
__--
PE ER B. EWIS, MAYOR
ATTEST:
N"/,L-WA- 'Al- - --
an' Ile E. Daskam, City Clerk
APPROVEQ,AS TO FORM:
Daniel B. Heid, City Attorney
Resolution No. 4334
March 28, 2008
Page 2 of 2
AN AGREEMENT FOR THE PROVISION OF SERVICES
Between
RECOVERY CENTERS OF KING COUNTY and THE CITY OF AUBURN
The following agreement is entered into between RECOVERY CENTERS OF KING COUNTY
(hereafter referred to as "RCKC") and the CITY OF AUBURN, hereafter referred to as
the "City"), shall be effective April 5, 2007, and remain in effect unless terminated by
consent of both parties. (This agreement was amended on March 12, 2008, to add
Intensive Inpatient Beds.) It covers relationships and operational agreements for the
purposes of RCKC providing alcohol and other drug assessments to determine eligibility for
publicly funded chemical dependency treatment services (ADATSA or Treatment
Expansion) for inmates of the Auburn City Jail. It also covers referrals to RCKC's Intensive
Inpatient Program and payment for treatment.
Role of RCKC:
A. Provision of qualified staff to assess individuals for ADATSA or Treatment
Expansion eligibility referred by the Auburn City Jail.
B. Assurance that assessments will be provided for up to four (4) hours, one day a
week, Monday - Friday (excluding scheduled holidays) between the hours of
8:00 A.M. - 5:00 P.M. at the Auburn City Jail. A mutually agreed-upon
schedule will be developed.
C. Additional hours may be added with prior coordination.
D. Referrals to RCKC's Intensive Inpatient Program (IIP) may be made by RCKC's
Chemical Dependency Professional.
II. Role of the City:
A. Assurance that individuals to be assessed are at the Auburn City Jail and
available for the date and time the appointment is scheduled or will notify RCKC
of the need to reschedule at least 24 hours before.
B. Provision of a workspace (office) where a confidential interview between the
assessor and the individual being assessed can take place.
C. Scheduling and transportation to RCKC's IIP will be provided by Auburn City
Jail.
III. Funding Arrangements:
A. City of Auburn will pay the salary for a part-time Chemical Dependency Pro-
fessional (CDP), benefits and mileage, $20,000 annually ($1,666.67 per month)
B. City of Auburn will pay $90.18 per day for individual's care in RCKC's IIP, up
to 30 days per individual. Two individuals per month may be served. (Note: for
individuals eligible for ADATSA or Treatment Expansion funded beds, no
charge will be made to the City of Auburn.)
C. City of Auburn will pay the invoiced amount within thirty (30) days of receipt
of the invoice.
REC08:MOU_Agencies Agmts-City of Auburn 03-12-08
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Independent Contractor Assignment:
The parties agree and understand that RCKC is an independent contractor and not the agent
or employee of the City and that no liability shall attach to the City by reason of entering into
this Agreement except as otherwise provided herein. The parties agree that this Agreement
may not be assigned in whole or in part without the written consent of the City.
Indemnification:
RCKC shall defend, indemnify and hold the City, its officers, officials, volunteers, and
employees harmless from any and all claims, injuries, damages, losses, or suits, including
attorney fees, arising out of or resulting from the acts, errors or omissions of RCKC in per-
formance of this Agreement, except for injuries or damages caused by the negligence of the
City.
Insurance:
RCKC 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 RCKC, its agents, representatives, or
employees. RCKC shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to, the additional insured
endorsement, evidencing the insurance requirements of RCKC before commencement of the
work.
No Limitation:
RCKC's maintenance of insurance as required by the agreement shall not be construed to
limit the liability of RCKC to the coverage provided by such insurance, or otherwise limit the
City's recourse to any remedy available at law or in equity.
Minimum Scope of Insurance:
RCKC shall obtain insurance of the types and in the amounts described below:
a. 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.
b. Worker's Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
C. Professional Liability insurance appropriate to RCKC's profession, with limits
no less than $1,000,000 per claim and $1,000,000 policy aggregate limit.
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, and Professional Liability insurance:
a. RCKC's insurance coverage shall be primary insurance as respects to the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the City
shall be in excess of RCKC's insurance and shall not contribute with it.
b. RCKC's insurance shall be endorsed to state that coverage shall not be can-
celled by either party, except after thirty (30) days prior written notice has been
given to the City by certified mail, return receipt requested.
All insurance shall be obtained from an insurance company authorized to do business in the
State of Washington. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A-:VII.
RCKC shall furnish the City with certificates of insurance and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance coverage required by this section, before commencement of the
work. The City reserves the right to require that complete, certified copies of all required
insurance policies be submitted to the City at any time. The City will pay no progress
payments under Section 3 until RCKC has fully complied with this section.
Other Insurance Provisions:
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Professional Liability and Commercial General Liability insurance:
RCKC's insurance coverage shall be primary insurance as respects to the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of RCKC's insurance and shall not contribute with it.
2. RCKC'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.
Confidentiality:
The provision of patient care documentation as well as the disclosure of any information
identifying a person's receipt of alcohol and drug abuse treatment services is governed by
federal regulations on the Confidentiality of Alcohol and Drug Abuse Patient Records,
42CFR, Part 2, and the Health Insurance Portability and Accountability Act of 1996
(HIPAA), 45 CFR. Parts 160 and 164, subparts A and E. RCKC and the City of Auburn
agree that the mutual disclosure of patient information is essential to the quality and
continuity of care and therefore enter into a Qualified Service Organization Agreement as
follows. All parties:
3
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, and Professional Liability insurance:
a. RCKC's insurance coverage shall be primary insurance as respects to the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the City
shall be in excess of RCKC's insurance and shall not contribute with it.
b. RCKC's insurance shall be endorsed to state that coverage shall not be can-
celled by either party, except after thirty (30) days prior written notice has been
given to the City by certified mail, return receipt requested.
All insurance shall be obtained from an insurance company authorized to do business in the
State of Washington. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A-:VII.
RCKC shall furnish the City with certificates of insurance and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance coverage required by this section, before commencement of the
work. The City reserves the right to require that complete, certified copies of all required
insurance policies be submitted to the City at any time. The City will pay no progress
payments under Section 3 until RCKC has fully complied with this section.
Other Insurance Provisions:
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. RCKC's insurance coverage shall be primary insurance as respects to the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of RCKC's insurance and shall not contribute with it.
2. RCKC'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.
Confidentiality:
The provision of patient care documentation as well as the disclosure of any information
identifying a person's receipt of alcohol and drug abuse treatment services is governed by
federal regulations on the Confidentiality of Alcohol and Drug Abuse Patient Records,
42CFR, Part 2, and the Health Insurance Portability and Accountability Act of 1996
(HIPAA), 45 CFR. Parts 160 and 164, subparts A and E. RCKC and the City of Auburn
agree that the mutual disclosure of patient information is essential to the quality and
continuity of care and therefore enter into a Qualified Service Organization Agreement as
follows. All parties:
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1. Acknowledge that in receiving, storing, processing or otherwise dealing with any
information from the Program about the patients in the Program, they are fully bound by
the federal requirements governing Confidentiality of Alcohol and Drug Abuse Patient
Records, 42 CFR, Part 2;and the Health Insurance Portability and Accountability Act of
1996 (HIPAA), 45 CFR, Parts 160 and 164, subparts A and E, and
2. Undertake to resist in judicial proceedings any efforts to obtain access to information
pertaining to parties otherwise than as expressly provided for in the federal confidential-
ity regulations, 42CFR, Part 2 and the Health Insurance Portability and Accountability
Act of 1996 (HIPAA), 45 CFR, Parts 160 and 164, subparts A and E.
3. RCKC includes its employee(s) and contractor(s).
4. City of Auburn includes its employee(s) and contractor(s).
ALTERATION OF TERMS:
The body of this Agreement fully expresses all understandings of the parties concerning all
matters covered and shall constitute the total Agreement. No addition to, or alteration of, the
terms of this Agreement whether by written or verbal understanding of the parties, their
officers, agents or employees, shall be valid unless made in the form of a written amendment
to this Agreement which is formally approved and executed by the parties.
TERMINATION OF AGREEMENT:
This Agreement may be cancelled or terminated at any time by RCKC or the City of Auburn
upon providing a forty-five (45) day written notice.
Signed:
For: For:
Recovery Centers of King County City of Aub
212008
Pat Knox, Ph.D. Date Peter B. Lewis Date
Chief Executive Officer Mayor
Recovery Centers of King County City of Auburn