HomeMy WebLinkAbout4444RESOLUTION NO. 4 4 4 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 PROSPERITY COUNSELING & TREATMENT
SERVICES, INC.
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, Prosperity Counseling & Treatment Services, Inc. has
experience providing inpatient services for alcohol and chemically dependent
offenders and is fully licensed and certified to do so; and
WHEREAS, the City of Auburn has the need for more inpatient services;
and
WHEREAS, Prosperity Counseling & Treatment Services has offered to
provide the City a 30-day inpatient service for up to ten defendants continuously
at a reasonable cost; and
WHEREAS, money is currently budgeted to cover the cost of inpatient
services and it is fiscally prudent, as well as assisting the potential decrease in
the recidivism rate, by providing inpatient treatment as an alternative to
incarceration.
Resolution No. 4444
January 15, 2009
Page 1 of 3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY, ASSEMBLED HEREWITH
RESOLVES as follows:
Section 1. Purpose. That the Mayor of the City of Auburn and the
Auburn City Clerk are hereby authorized to execute an agreement befinreen the
City of Auburn and Prosperity Counseling & Treatment Services 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. That the Mayor is authorized to implement
such administrative procedures as may be necessary to carry out the directives
of this legislation.
Section 3. Effective Date. That this Resolution shall take effect and be
in full force upon passage and signatures hereon.
~
Dated and Signed this day of , 2009.
CITY @F AUB
PETER B~ LEWIS
MAYO R
ATTEST:
Danielle E. Daskam, City Clerk
Resolution No. 4444
January 15, 2009
Page 2 of 3
APPROWIED AS TO FORM:
B. Heid, City Attorney
Resolution No. 4444
January 15, 2009
Page 3 of 3
AN AGREEMENT FOR THE PROVISION OF SERVICES
Between
PROSPERITY COUNSELING & TREATMENT SERVICES, INC. and THE
CITY OF AUBURN
The following agreement is entered into between PROSPERITY COUNSELING AND
TREATMENT SERVICES, INC. (hereafter referred to as "Prosperity") and the CITv
OF AUBURN, hereafter referred to as the "City"), shall be effective upon signature, and
remain in effect through June 30th, 2009. The contract may be administratively
extended by written agreement for a period not to exceed December 31, 2010. 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 Prosperity's Inpatient Program and payment for treatment.
1. Role of Prosperity:
A. Provision of qualified staff to provide inpatient treatment referred by the City of
Auburn.
B. Provide continuous inpatient treatment for up to ten individuals.
II. Role of the City:
A. Scheduling and transportation to Prosperity will be provided by Auburn City
Jail.
III. Funding Arrangements:
A. City of Auburn will pay $90.18 per day for individual's care in Prosperity's
inpatient treatment, up to 30 days per individual. Up to ten 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.). The
City of Auburn will be billed only for those individuals enrolled in the inpatient
service.
B. City of Auburn will pay the invoiced amount within thirty (30) days of receipt
of the invoice.
Independent Contractor Assignment:
The parties agree and understand that Prosperity 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.
Exhibit A
Resolution No. 4444
January 15, 2009
Page 1 of 4
2
Indemnification:
Prosperity 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 Prosperity in
performance of this Agreement, except for injuries or damages caused by the negligence of
the City.
Insurance:
Prosperity 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 Prosperity, its agents, representatives, or
employees. Prosperity 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 Prosperity before commencement of
the work.
No Limitation:
Prosperity's maintenance of insurance as required by the agreement shall not be construed to
limit the liability of Prosperity 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:
Prosperity shall obtain insurance of the types and in the amounts described below:
A. Worker's Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
B. Professional Liability insurance appropriate to Prosperity'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
Professional Liability insurance:
A. Prosperity'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 Prosperity's insurance and shall not contribute with it.
B. Prosperity'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.
Exhibit A
Resolution No. 4444
January 15, 2009
Page 2 of 4
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.
Prosperity 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 Prosperity has fully complied with this section.
Other Insurance Provisions:
The insurance policies are to contain, ar be endorsed to contain, the following provisions for
Professional Liability and Commercial General Liability insurance:
Prosperity'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 Prosperity's insurance and shall not contribute with it.
2. Prosperity'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:
A. Acknowledge that in receiving, storing, processing or otherwise dealing with any
information from the Program about the patients in the Program, they axe 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
B. Undertake to resist in judicial proceedings any efforts to obtain access to
information pertaining to parties otherwise than as expressly provided far in the
federal confidential-ity regulations, 42CFR, Part 2 and the Health Insurance
Exhibit A
Resolution No. 4444
January 15, 2009
Page 3 of 4
4
Portability and Accountability Act of 1996 (HIPAA), 45 CFR, Parts 160 and 164,
subparts A and E.
C. Prosperity includes its employee(s) and contractor(s).
D. 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 the close of business, June 30, 2009,
unless administratively extended in writing by both parties for a period not to exceed
December 31, 2010 or at any time by Prosperity or the City of Auburn upon providing a
forty-five (45) day written notice.
Signed:
For:
Prosperity Counseling
& Treatment Services, Inc.
~ zs r
Date
City o
AN 2 0 2009
Peter B. Lewis Date
Mayor
City of Auburn
Attest:
By:
anielle E. Daskam, City Clerk
Ap!pwed as form:
Daniel B Heic ; City Attorney ~
Exhibit A
Resolution No. 4444
January 15, 2009
Page 4 of 4