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HomeMy WebLinkAbout11/05/2013 13 Behavioral Health Diversion Program Agreement with Central Washington Comprehensive Mental Health (CWCMH)BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: 11/5/2013 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ITEM TITLE: Resolution authorizing an Agreement with Central Washington Comprehensive Mental Health (CWCMH) allowing the City of Yakima to utilize the CWCMH Behavioral Health Diversion Program at no cost to the City. SUBMITTED BY: Cynthia I. Martinez, Senior Assistant City Attorney, 575-6030 SUMMARY EXPLANATION: Prosecutors are prohibited from prosecuting individuals who lack the capacity to understand the nature of the proceedings against him or her, or to assist in his or her own defense, as a result of mental disease or defect.[1] Once a person is recognized to be suffering from a mental disease or defect is charged with a crime, prosecutors are mandated to follow the procedure found in RCW 10.77. Due to a constant shortage of available beds at Eastern State Hospital, this Court process can be lengthy. In the meantime, these defendants are typically being held at the County Jail until a bed at Eastern Washington State Hospital becomes available. A wait of at least 30 days is common and costly for the City and the defendant. Mentally ill defendants, unlike inmates similarly situated without mental health illness, lose entitlements while in jail, and receive no treatment for mental health. In most cases, when a defendant is found to be suffering from a mental disease or defect, the end result, by law, is dismissal of the charge(s). Central Washington Comprehensive Mental Health (CWCMH) Behavioral Health Diversion Program will provide an option to incarceration of mentally ill defendants in crisis. Instead of jail, officers may transport defendants that fit the program criteria to the Crisis Intervention Unit so that stabilization can take place. Once stabilized, the Unit works on obtaining services for the defendant to prevent further incidents of crisis and crime. Yakima County Probation Officers may also refer convicted City defendants in crisis to the program, reducing the chance of reoffending. The initial study of this program did show reduced recidivism among program participants. In 2009, facing severe budget reductions, the City discontinued funding of the program. The documented jail reduction savings were too few to justify the cost at a time when the budget was tight. However, due to the probation referral increases were many and Yakima County Probation urged the City to continue the funding. Unfortunately, the probation savings were hard to document and the program was cut. Those involved in making the decision lamented that the program was the right thing to do but the City just could not afford it at the time. Comprehensive Mental Health is now proposing to provide access to the CWCMH Behavioral Health Diversion Program at no cost to the City. Yakima Police Chief Dominic Rizzi supports the reimplementation of the program and will encourage officers to utilize the program when appropriate so that the potential jail savings are realized. [1] RCW 10.77.010(14) Resolution: X Ordinance: Other (Specify): Contract: X Contract Term: 11/6/2013-12/31/2014 Start Date: 11/6/2013 End Date: 12/31/2014 Item Budgeted: NA Amount: Funding Source/Fiscal Impact: Strategic Priority: Public Safety Insurance Required? No Mail to: City of Yakima Legal Department, Attn: Cynthia I. Martinez, 200 South Third Street, 2nd FI., Yakima, WA 98901 Phone: 509-575-6030 APPROVED FOR SUBMITTAL: RECOMMENDATION: Adopt Resolution. City Manager ATTACHMENTS: Description Resolution-CWCMH Diversion Program Agreement ❑ CIT Agreement between City & CWCMH Upload Date 10/13/2013 10/13/2013 Type feseallu.utiion Contract A RESOLUTION RESOLUTION NO. R -2013 - authorizing and directing the City Manager of the City of Yakima to execute an Agreement with Central Washington Comprehensive Mental Health (CWCMH) allowing the City of Yakima to utilize the CWCMH Behavioral Health Diversion Program at no cost to the City. WHEREAS, the Yakima Unit of CWCMH has developed a behavioral health diversion program to provide crisis intervention to persons with mental illness as authorized by SSB 5533, Chapter 375, Laws of 2007, Criminal Behavior—Individuals with Mental Illness; and WHEREAS, the CWCMH Behavioral Health Diversion Program provides crisis stabilization and clinical staff to triage, assess and treat individuals referred for mental illness and co-occurring substance abuse. CWCMH staff will additionally complete substance abuse assessments and, as applicable, refer these individuals for services. These services may include; but are not limited to, outpatient mental health services, crisis residential services, dual - diagnosis treatment, chemical dependency services, and inpatient dual diagnosis treatment; and WHEREAS, inmates with a history of mental health illness tend to be housed longer in jail than inmates similarly situated without mental health illness, lose entitlements while in jail, and receive no treatment for mental health issues while housed in City and County jail facilities; and WHEREAS, the Behavioral Health Diversion Program allows an officer to take an individual to the Crisis Stabilization Unit, in lieu of jail, for assessment and treatment when an officer has reasonable cause to believe that an individual has committed acts constituting a non- felony crime that is not a serious offense and that the individual has a history of mental illness; and WHEREAS, CWCMH has agreed to allow City of Yakima Police Department to utilize the Behavioral Health Diversion Program at no cost in exchange for Yakima Police Department's support and utilization of the program; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to execute an Agreement with CWCMH to utilize the Behavioral Health Diversion Program, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Yakima City Council authorizes and directs the City Manager of the City of Yakima to execute an Agreement with Central Washington Comprehensive Mental Health whereby the City of Yakima will have access and utilize the Central Washington Comprehensive Mental Health Behavioral Health Diversion Program. This Resolution shall be effective after its adoption. ADOPTED BY THE CITY COUNCIL this 5th day of November, 2013. ATTEST: Micah Cawley, Mayor Sonya Claar-Tee, City Clerk CIT AGREEMENT BETWEEN THE CITY OF YAKIMA AND CENTRAL WASHINGTON COMPREHENSIVE MENTAL HEALTH This AGREEMENT, entered into this 3rd day of November, by the City of Yakima (the City) whose address is 129 North Second Street, Yakima, Washington 98901-2613, and Central Washington Comprehensive Mental Health (the Contractor) whose address is P.O. Box 959, Yakima, Washington, 98907-0959, whose signatures are reflected on this Agreement. PURPOSE The purpose of this Agreement is to provide crisis intervention to persons with mental illness as authorized by SSB 5533, Chapter 375, Laws of 2007, Criminal Behavior — Individuals with Mental Illness. TERM OF AGREEMENT The term of this Agreement shall be November 6, 2013 through December 31, 2014. This Agreement may be extended, by mutual written consent of the parties. CONSIDERATION In consideration of the Contractors' performance of the responsibilities as defined in the Statement of Work, the City agrees to participate and refer defendants to the Behavioral Health Diversion Program. GENERAL TERMS AND CONDITIONS 1. Definitions. The words and phrases listed below, as used in the Agreement, shall each have the following definitions: a. "Agreement" means this Agreement and any exhibits and other documents attached or incorporated by reference, between the Contractor and the City. b. "CFR" means Code of Federal Regulations. All references in this Agreement and any Program Agreement to CFR chapters or sections shall include any successor, amended, or replacement regulation. The CFR may be accessed at http:llwww.gpoaccess.govlcfr/index. html. c. "Debarment" means an action taken by a Federal official to exclude a person or business entity from participating in transactions involving certain federal funds. d. "Personal Information" means information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, Page 1 of 12 addresses, telephone numbers, social security numbers, drivers license numbers, other identifying numbers, and any financial identifiers. e. "RCW" means the Revised Code of Washington. All references in this Agreement to RCW Chapters or sections shall include any successor, amended, or replacement statute. The RCW can be accessed at http://slc.leg.wa.gov. f. "Subcontract" means a separate agreement between the Contractor and an individual or entity ("Subcontractor") to perform all or a portion of the duties and obligations, which the Contractor is obligated to perform pursuant to this Agreement. g. "USCA" means United States Code Annotated. All references to USCA chapters or sections in this Agreement, or any Program Agreement, shall include any successor, amended, or replacement regulation. The USCA is accessible at http://www.gpoaccess.gov/uscode/. h. "WAC" means the Washington Administrative Code. AD references in this Agreement to WAC chapters or sections shall include any successor, amended, or replacement regulation. The WAC is accessible at http://slc.leg.wa.gov. 2. Amendment. This Agreement, or any term or condition, may be modified only by a written amendment signed by both parties. Only personnel authorized to bind each of the parties hall sign an amendment. 3. Assignment. The Contractor shall not assign rights or obligations derived from this Agreement to a third party without the prior written consent of the Contracts Administrator and the other parties to this Agreement. Any authorized assignment will include a written assumption of the Contractor's obligations by the third party. 4. Compliance with Applicable Law. At all times during the term of this Agreement, and any Program Agreement, the Contractor and DSHS shall comply with all applicable federal, state, and local laws, regulations, and rules, including but not limited to non- discrimination laws and regulations. 5. Confidentiality. a. The parties shall use Personal Information and other information gained because of this Agreement only for the purpose of this Agreement. The City and the Contractor shall not disclose, transfer, or sell any such information to any other party, except as provided by law or, in the case of Personal Information, without the prior written consent of the person to whom the Personal Information pertains. The parties shall maintain the confidentiality of all Personal Information and other information gained because of this Agreement and shall return or certify the destruction of such information, as authorized by law, if requested in writing by the party to this Agreement that provided the information. b. The Contractor shall comply with all confidentiality requirements of the Health Insurance Portability and Accountability Act (42 CFR Sections 160-164). Page 2 of 12 6. Debarment Certification. The Contractor, by signature to this Agreement, certifies the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from participating in transactions (debarred). The Contractor also agrees to include the above requirement in any and all subcontracts into which it enters. The Contractor shall immediately notify the City if, during the term of this Agreement, the Contractor becomes debarred. The City may immediately terminate this Agreement by providing the Contractor written notice if the Contractor becomes debarred during the term of this Agreement. 7. Disputes. A Dispute Board shall determine disputes between the parties in the following manner: Each party in the dispute shall appoint one member to the Dispute Board. If additional members are needed on the Dispute Board, the members appointed shall jointly appoint an additional member to the Dispute Board. The Dispute board shall review the facts, agreement terms, and applicable statues and rules and make a determination. This process shall constitute the final administrative remedy available to the parties. Each party reserves the right to litigate issues and matters in court de novo. A Program Agreement may supplement, but not contravene, this section. 8. Nondiscrimination. The Contractor agrees that it shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of race, creed, color, religion, national origin, sex, sexual orientation, age, marital status, disability, political affiliation or belief, honorably discharged veteran or military status, pregnancy, or the presence of any sensory, mental or physical handicap, and any other classification protected under federal, state and local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. In the event the Contractor violates this provision, the City may terminate this Agreement immediately and bar the Contractor from performing any services for the City in the future. 9. Entire Agreement. This Agreement, including all documents attached to or incorporated by reference, contains all the terms and conditions agreed upon by the parties. No other understandings or representations, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind the parties. 10. Governing Law and Venue. The laws of the State of Washington govern this Agreement. In the event of a lawsuit by the Contractor against the City involving this Agreement or a Program Agreement, venue shall be proper only in Yakima County, Washington. In the event of a lawsuit by the City against the Contractor involving this Agreement or a Program Agreement, venue shall be proper only as provided in RCW 36.01.050. 11. Independent Contractor. The parties agree that, for the purposes of this Agreement, the Contractor is an independent contractor and neither the Contractor nor any employee of the Contractor is an employee of the City. Neither the Contractor nor any employee of the Contractor is entitled to any benefits that the City provides its employees. The Contractor is solely responsible for payment of any statutory workers compensation or employer's liability insurance as required by state law. The Contractor shall assume full responsibility for payments of federal, state, and local taxes or contributions imposed or required under the Social Security, Workmen's Compensation, Page 3 of 12 and Income Tax laws for persons other than City employees performing services pursuant to this Agreement 12. Inspection. The parties may request reasonable access to other party's records and place of business for the limited purpose of monitoring, auditing, and evaluating the other party's compliance with this Agreement, any Program Agreement, and applicable laws and regulations. During the term of any Program Agreement and for one year following termination or expiration of the Program Agreement, the parties shall, upon receiving written notice, provide the other party with access to its place of business and to its records, which are relevant to its compliance with this Agreement, any Program Agreement, and applicable laws and regulations. This provision shall not be construed to give either party access to the other party's records and place of business for any other purpose. Nothing herein shall be construed to authorize the parties to possess or copy records of the other parties. 13. Maintenance of Records. a. During the term of this Agreement and for seven years following termination or expiration of this Agreement, or in any audit, claim, litigation, or other legal action involving the records is started before expiration of the seven year period, the records shall be maintained until completion and resolution of all issues arising there from or until the end of the six year period, whichever is later. The Contractor shall maintain records sufficient to: (1) Document performance of all acts required by law, regulation, or this Agreement; (2) For the same period, the Contractor shall maintain records sufficient to substantiate the Contractor's statement of its organization's structure, tax status, capabilities, and performance. 14. Indemnification and Hold Harmless. (1) The Contractor agrees to protect, defend, indemnify, and hold harmless the City, its elected officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) resulting from death or bodily injury to any person or damage or destruction to a third party or third parties to the extent caused by any negligent act and/or omission of Contractor, its officers, employees, agents, volunteers and/or subcontractors, arising out of the performance of this Agreement. (2) The City agrees to protect, defend, indemnity, and hold harmless the Contractor, its officers, employees, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) resulting from death or bodily injury to any person or damage or destruction to a third party or third parties to the extent caused by any negligent act/or Page 4 of 12 (3) omission of Contractor, its officers, employees, agents, volunteers and/or subcontractors, arising out of the performance of this Agreement. If the City and the Contractor are found to be joint and severally liable for damages as a result of an act or omission arising from the performance of this Agreement, each party shall be responsible for its proportionate share of damages. (4) The City and the Contractor agree to notify the attorneys of records in any tort lawsuit involving the performance under this Agreement, if either the City or the Contractor enters into settlement negotiations. It is understood that the notice shall occur prior to any negotiations, or as soon as possible, and the notice may be either written or oral. (5) 15. Insurance. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. a. The City certifies that it is part of a risk pool and shall pay for losses if they are found liable. b. At all times during performance of the services, the Contractor shall secure and maintain in effect insurance to protect the City from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. The Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. (1) Commercial Liability Insurance. Before this Agreement is fully executed by the parties, the Contractor shall provide the City with a certificate of insurance as proof of commercial liability insurance and commercial umbrella liability insurance with a total minimum liability limit of Three Million Dollars ($3,000,000.00) per occurrence combined single limit bodily injury and property damage, and Three Million Dollars ($3,000,000.00) general aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, their elected officials, officers, agents, employees and volunteers as additional insureds. The insurance shall be with an insurance company or companies rated B+ or higher in Best's Guide and admitted in the State of Washington. (2) Commercial Automobile Insurance. i. If the Contractor owns any vehicles, before this Agreement is fully executed by the parties, the Contractor shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total minimum liability limit of Three Million Dollars ($3,000,000.00) per Page 5 of 12 (3) occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "any auto" and be shown on the certificate. ii. If the Contractor does not own any vehicles, only "non -owned and Hired Automobile Liability" will be required and may be added to the commercial liability coverage at the same limits as required in that section of this Agreement, which is Section 15.1 entitled "Commercial Liability Insurance". iii. Under either situation described above, the required certificate of insurance shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, their elected officials, officers, agents, employees, and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City 30 calendar days prior written notice. The insurance shall be with an insurance company or companies rated A -VH or higher in Best's Guide and admitted in the State of Washington. Directors and Officers. Before this Agreement is fully executed by the parties, the Contractor shall provide the City with a certificate of insurance as evidence of Directors and Officers Liability Insurance with coverage of at least One Million Dollars ($1,000,000.00) per occurrence and an annual aggregate limit of at least One Million Dollars ($1,000,000.00). The certificate shall dearly state who the provider is, the amount of coverage, the policy number, • and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated A -VII or higher in Best's Guide. If the policy is on a claims made basis, the retroactive date of the insurance policy shall be on or before the inception date of the Agreement, or shall provide full prior acts. The insurance coverage shall remain in effect during the term of this Agreement and for a minimum of three years following the termination of this Contract. 16. Order of Precedence. In the event of an inconsistency in this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. State statutes and regulations; b. Other applicable federal, state, or local law. 17. Ownership of Material. Material created by the Contractor as part of this Agreement shall be equally owned by the city and shall be "work made for hire" as defined by Title 17 USCA, Section 101. This matter includes, but is not limited to: books, computer programs; documents; films; pamphlets, reports; sound reproductions; studies; surveys; tapes; and/or training materials. Material which the Contract uses to perform the Program Agreement but is not created for or paid for by the City is owned by the Page 6 of 12 Contractor and is not "work made for hire"; however, the City shall have a perpetual license to use this material for City internal purposes at no charge to the City, provided that such license shall be limited to the extent which the Contractor has a right to grant such a license. No report, device, thing, or document of whatever kind or nature, produced in whole or in part in connection with the project shall be the subject of an application for copyright or patent by or on behalf of the Contractor without prior written approval of the City. Supplies and equipment (such as computer equipment, office supplies, etc.) provided by the City for use during the course of this Agreement remain the property of the loaning entity and may be utilized by the loaning entity in any manner, which is deemed appropriate. 18. Severability. The provisions of this Agreement are severable. If any court holds any provision of this Agreement, including any provision of any document incorporated by reference, invalid, that invalidity shall not affect the other provisions of this Agreement. 19. Subcontracting. The Contractor may subcontract services provided under this Agreement, unless otherwise specified in a Program Agreement. Any subcontractor shall be required to indemnify and hold harmless the Contractor and maintain adequate liability insurance, comparable to the insurance maintained by the Contractor pursuant to this Agreement. The Contractor shall not subcontract with an individual provider or an entity with an individual who is an officer, director, agent, or manager, or who owns or has a controlling interest in the entity, and who has been convicted of crimes as specified in 42 USC 1320a. 20. Subrecipients. a. General. If the Contractor is a subrecipient of federal awards as defined by the Office of Management and Budget (OMB) Circular A-133 and this Agreement, the Contractor shall, unless otherwise indicated in the Special Terms and Conditions: (1) Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they are were received, by Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass-through entity; (2) Maintain internal controls that provide reasonable assurance that the Contractor is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs; (3) Prepare appropriate financial statements, including a schedule of expenditures of federal awards; Page 7 of 12 (4) Incorporate OMB Circular A-133 audit requirements into all agreements between the Contractor and its Subcontractors who are subrecipients. (5) Comply with any future amendments to OMB Circular A-133 and any successor or replacement Circular or regulation; (6) Comply with the applicable requirements of OMB Circular A-87 and any future amendments to OMB Circular A-87, and any successor or replacement Circular or regulation; and (7) Comply with the Omnibus Crime Control and Safe Streets Act of 1968, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and the Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E and G, and 28 CFR Part 35 and 39. (See www.ojp.usdoj/gov/ocr for additional information and access to the aforementioned Federal laws and regulations.) b. Single Audit Act Compliance. If the Contractor is a subrecipient and expends $500,000 or more in Federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program -specific audit for that fiscal year. Upon completion of each audit, the Contractor shall: (1) Submit to the City contact person, listed on the first page of this Agreement, the data collection form and reporting package specified in OMB Circular A-133, reports required by the program -specific audit guide (if applicable), and a copy of any management letters issued by the auditor; (2) Follow-up and develop corrective action for all audit findings; in accordance with OMB Circular A-133, prepare a "Summary Schedule of Prior Audit Findings." c. Overpayments. If it is determined by the City, or during the course of a required audit, that the Contractor has been paid unallowable costs under this Agreement, the City may require the Contractor to reimburse the City in accordance with OMB Circular A-87. 21. Survivability. The terms and conditions contained in this Agreement, which by their sense and context, are intended to survive the expiration of this Agreement, shall so survive. Surviving terms include, but are not limited to Confidentiality, Disputes, Inspection, Maintenance of Records, Mutual Indemnification and Hold Harmless, Ownership of Material, Termination for Default, Termination Procedure, and Treatment of Assets Purchased by the RSN, and Treatment of Property. 22. Termination for Convenience. Except otherwise as provided in this Agreement, the City of Yakima representative may terminate this Agreement, in whole or in part, when it is in the best interest of either of the parties by giving the Contractor at least 90 calendar days' written notification by certified mail. The Contractor may terminate this Agreement Page 8of12 for convenience by giving the City at least 90 calendar days' written notification receipt by certified mail addressed to: City Manager City of Yakima 129 North Second Street Yakima, WA 98901 The effective date of the termination shall be the last day of the calendar month in which the ninetieth day occurs. This Agreement may also be terminated in whole or in part by either party, upon thirty days advance written request to terminate, with the written consent of the other party, in which case the two parties shall devise by mutual Agreement the conditions of termination including effective date and in the case of termination in part, the portion to be terminated. 23. Termination for Default. a. The City of Yakima representative may terminate this Agreement for default, in whole or in part, by written notice to the Contractor, if the City has a reasonable basis to believe that the Contractor has: (1) Failed to perform under any provision of this Agreement; (2) Performed any of the Contractor's obligations under this Agreement in a manner that comprised the health or safety of any individual with whom the Contractor had contact; (3) Violated any law, regulation, rule, or ordinance applicable to the services provided under this Agreement, including those pertaining to health and safety; or (4) Otherwise breached any provision or condition of this Agreement. b. Before the City may terminate this Agreement for default, the City shall provide the Contractor with written notice of the Contractor's noncompliance with this Agreement and provide the Contractor a reasonable opportunity to correct the Contractor's noncompliance. The complaining party shall provide a copy of the written notice to the other party of this Agreement. If the Contractor does not correct the Contractor's noncompliance within the period of time specified in the written notice of noncompliance, the complaining party may then terminate this Agreement. The City of Yakima representative, however, may terminate this Agreement for default without such written notice and without opportunity for correction if the City has a reasonable basis to believe that an individual's health or safety is in jeopardy or if the Contractor has violated any law, regulation, rule, or ordinance applicable to the services provided under this Agreement. c. The Contractor may terminate this Agreement with the City for default, in whole or in part, by written notice to the City, if the Contractor has a reasonable basis to believe that the City has: Page 9 of 12 (1) Failed to meet or maintain any requirement for contracting with the Contractor; (2) Failed to perform under any provision of this Agreement; (3) Violated any law, regulation, rule or ordinance applicable to work performed under this Agreement; and/or (4) Otherwise breached any provision or condition of this Agreement. d. Before the Contractor may terminate this Agreement for default, the Contractor shall provide the City with written notice of either parties' noncompliance with this Agreement and provide the noncomplying party a reasonable opportunity to correct the noncompliance. If the noncomplying party has not corrected the noncompliance within the period specified in the written notice of noncompliance, the Contractor may then terminate this Agreement. 24. Termination Procedure. The following provisions shall survive and be binding on the parties in the event this Agreement is terminated. a. The Contractor shall cease to perform any services required by this Agreement as of the effective date of termination and shall comply with all reasonable instructions contained in the notice of termination which are related to the transfer of individuals, distribution of property, and termination of services. Each party shall be responsible only for its performance in accordance with the terms of this Agreement, rendered prior to the effective date of termination. The Contractor shall assist in the orderly transfer/transition of the individuals served under this Agreement. The Contractor shall promptly supply all information necessary for the reimbursement of any outstanding Medicaid claims. b. The Contractor shall immediately deliver to the City contact person (or to his or her successor) listed on the first page of this Agreement, all loaned City assets (property) to the owner agency in the Contractor's possession. The Contractor grants the City the right to enter upon the Contractor's premises for the sole purpose of recovering any of their respective property that the Contractor fails to return within 10 working days of termination of this Agreement. Upon failure to return City property within 10 working days of termination of this Agreement, the Contractor shall be charged with all reasonable costs of recovery, including transportation and attorney's fees. The Contractor shall protect and preserve any property of the City that is in the possession of the Contractor pending return to the respective party. c. The City representative may direct assignment of the Contractor's rights to any interest in any subcontract or orders placed to the City. The City may terminate any subcontract or orders and settle or pay any or all claims arising out of the termination of such orders and subcontracts. 25. Waiver. Waiver of any breach or default of any provision of this Agreement shall not be deemed a waiver of any subsequent breach or default. Any waiver shall not be construed to be a modification of the terms and conditions of this Agreement. Only the Page 10of12 City representative or designee has the authority to waive any term or condition of this Agreement, on behalf of its agency. STATEMENT OF WORK The Contractor shall: 1. Administer and staff a Crisis Triage Center (CTC) where client assessment, referral to community services, and crisis treatment services will occur over a period of up to 12 hours as contemplated in SSB 5533 — an act relating to procedures for individuals who are mentally ill and engaged in acts constituting criminal behavior, attached as Exhibit A. A. This program shall be known as the Behavioral Health Diversion Program. The Crisis Triage Center shall provide a means for law enforcement officers of the City of Yakima to deliver individuals believed to meet the criteria for the Behavioral Health Diversion Program to the facility and to, as quickly as is feasible, accept the individual for evaluation. B. The Contractor warrants that it is certified by the DSHS/Department of Behavioral Health and Recovery as the Emergency Evaluation and Treatment provider for Yakima County, that it is a Washington State Licensed Community Mental Health Center authorized to provide the contemplated services, and that it is a Washington State certified chemical dependency treatment provider. C. The Contractor shall be accredited by the Joint Commission on the Accreditation of Health Care Organization (JCAHO). The proposed facility is licensed by the Washington State Department of Health as a Residential Treatment Facility (RTF). 2. Provide initial screening and assessment for admission to the diversion program. 3. For individuals accepted into the program, coordinate crisis, involuntary, outpatient, and residential treatment services based on the individuals needs; develop initial service/treatment plans and coordinate placement and other community services including, but not limited to, housing placement, income supports, and medical services. a. Monitor participants for treatment compliance. (1) Individuals who fail to follow treatment plans or recommendations at any time within the first two weeks of referral will be referred back to the referring law enforcement agency and the appropriate prosecuting authority for further disposition. 4. For individuals not accepted into the program, refer the individual back to the referring law enforcement agency and the appropriate prosecuting authority within 12 hours of the individual's arrival at the Crisis Triage Center for further disposition. 5. Utilize the Referral for Treatment Standards (attached as Exhibit A) developed by the City of Yakima prosecutors as criteria for admission to the program. Page 11 of 12 a. Should modifications to this document be necessary, assist the City of Yakima prosecutors to develop client offense level criteria standards to determine appropriate referral of clients to CDC. 6. The Contractor will provide regular orientation training to law enforcement personnel at mutually agreed upon times and locations (e.g., musters, Department training events). The Contractor will make law enforcement aware of CIT training events it sponsors and provide registration materials. Because these training events are funded by other sources admission to any particular class cannot be guaranteed. 7. Based on a mutually agreed upon data dictionary, Contractor will collect and report data using approved intake and assessment tools, and documentation of client services and referrals, including law enforcement contact reports and service data. Currently collected data is attached as Exhibit A. The Contractor will staff and participate in a Data Collection and Monitoring Committee, which incorporates representation from all parties to this Agreement. This committee will coordinate evaluation of this outcomes and effectiveness of the program. 8. Develop, staff, and participate in the Program Oversight Committee, comprised of stakeholders, who meet regularly to discuss program development, implementation, systemic integration of services, staffing, training, and public education regarding the program. THEREFORE, the City of Yakima and Central Washington Comprehensive Mental Health agreed to the terms and conditions of the Agreement and its exhibits as listed above by signing below: CITY OF YAKIMA CENTRAL WASHINGTON COMPR E MENTAL HEALTH Tony O'Rourke, City Manager Rick eaver, President and CEO /Ze Date Date CONTRACT AUTHORIZATION Attest: Christina S. Steiner, Clerk of the Board Date Page 12 of 12