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HomeMy WebLinkAboutR-2006-022 Central Washington Comprehensive Mental Health Memorandum of Understandingr�. RESOLUTION NO. R 2006 - 22 A RESOLUTION authorizing and directing the City Manager to execute a memorandum of understanding between the City of Yakima and Central Washington Comprehensive Mental Health regarding mental health screening and other services for inmates in the City jail. WHEREAS, the Washington, State Legislature has designated funds to provide for mental health services for mentally ill offenders confined in a county or city jail; and WHEREAS, Central Washington Comprehensive Mental Health has the experience and expertise necessary to provide the services and can do so at no cost to the City in accordance with the terms and conditions of the attached Memorandum of Understanding; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached Memorandum of Understanding with Central Washington Comprehensive Mental Health for the provision of mental health screening and other services for inmates in the City jail, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated "Memorandum of Understanding Between Central Washington Comprehensive Mental Health and the City of Yakima" with Central Washington Comprehensive Mental Health for mental health screening and other services for inmates in the City jail. ADOPTED BY THE CITY COUNCIL this 21'rday of February, 2006. ATTEST: David Edier, Mayor X -„..- City Clerk MEMORANDUM OF UNDERSTANDING BETWEEN CENTRAL WASHINGTON COMPREHENSIVE MENTAL HEALTH AND THE CITY OF YAKIMA This MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is executed by and between the CITY OF YAKIMA, WASHINGTON, a Washington State municipal corporation (hereinafter "City") and Central Washington Comprehensive Mental Health, a non-profit Washington State corporation (hereinafter "CWCMH"). WHEREAS, the Washington State Legislature has designated funds to provide mental health services for mentally ill offenders while confined in a county or city jail. These services are intended to facilitate access to programs that offer mental health service upon mentally ill offenders' release from confinement. This includes efforts to expedite applications for new or re -instated Medicaid benefits; and WHEREAS, consistent with legislative intent, this MOU outlines how CWCMH and the City will work together to identify and refer potentially mentally ill offenders for screening, assessment, benefit application and community re-entry case management services. The intent of providing these services is to increase the likelihood that offenders will enter treatment and support services upon release and reduce the potential for recidivism; and WHEREAS, both entities understand the potential benefits of providing effective screening, assessment and pre-release planning services to mentally ill offenders in jails. This MOU reflects this understanding and each entity's desire to develop a strong working relationship in order to serve the community by assisting inmates with successfully transitioning back into the community; NOW, THEREFORE, in consideration of the mutual covenants, promises and conditions set forth herein, it is agreed by and between the City and CWCMH as follows: 1. Term. This MOU shall be effective on February 7, 2006, and shall continue until terminated by either party in accordance with Section 21 of this MOU. Both parties may review the terms of this MOU annually or at any time either party deems necessary. Any agreed-upon modifications shall be made in accordance with Section 15 of this MOU. 2. CWCMH's Responsibilities. CWCMH shall: a. Provide on-site mental health screenings of offenders to determine if an offender would benefit from enrollment in mental health services. b. Conduct on-site mental health services to complete the intake process, when appropriate, and make recommendations regarding the effective management of mentally ill offenders. c. Develop a process with local DSHS Community Service Offices to expedite the application for or reinstatement of medical assistance benefits prior to release from jail. d. Offer community re-entry case management services to offenders including pre- release transition planning, assistance with the benefit application process, 1 establishing referrals to the offender's home of record community services, and ensuring individuals follow up with DSHS and other service appointments. e. Provide consultation and training services to Yakima Police Department staff as requested and as time permits. 3. City of Yakima's Responsibilities. The City shall: a. Provide information to assigned CWCMH staff on new bookings into the jail as requested within the time and staffing constraints of jail operation. b. Make referrals to assigned CWCMH staff for mental health screenings. c. Provide a secure space for assigned CWCMH staff to meet with offenders for screening, assessment and case management sessions. d. Schedule CWCMH staff screening, assessment and case management sessions with inmates. e. Move identified inmates from their cells to the secure meeting place. f. Designate a primary contact person within the Yakima Police Department for the designated CWCMH staff to communicate with regarding concerns, questions and/or information. 4. Consideration. The parties agree that each other's agreement to the terms and conditions of this MOU are of essentially equal value and that the public is best served by this MOU. 5. Administration. This MOU shall be administered by the Yakima Police Chief or his designee and the President of CWCMH or his designee. 6. Independent Contractor Status of CWCMH. CWCMH and the City understand and expressly agree that CWCMH is an independent contractor in the performance of each and every part of this Agreement. CWCMH, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. Additionally, and as an independent contractor, CWCMH and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between CWCMH or any officer, employee or agent of CWCMH and the City. 7. Taxes and Assessments. CWCMH shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, CWCMH shall pay the same before it becomes due. 8. Nondiscrimination Provision. During the performance of this MOU, CWCMH shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of race, color, sex, religion, national origin, creed, marital status, political affiliation, or the 2 presence of any sensory, mental or physical handicap. 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. 9. The Americans With Disabilities Act. CWCMH agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations, and Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. 10. Compliance with Law. CWCMH agrees to perform all services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise 11. Indemnification and Hold Harmless. a. CWCMH agrees to protect, defend, indemnify, and hold harmless the City, its officers, elected officials, agents, and employees from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including attorneys' fees and disbursements) caused by or occurring by reason of any act and/or omission of CWCMH, its directors, officials, officers, employees, agents, and/or volunteers arising out of or in connection with the activities of CWCMH under and pursuant to this MOU including but not limited to any personal injury, death, and/or property damage claim, demand, lawsuit or other proceeding brought against the City. b In the event that the officials, officers, agents, and/or employees of both CWCMH and the City are negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorneys' fees). c. Nothing contained in this Section or this MOU shall be construed to create a liability or a right of indemnification in any third party. d. The provisions of this Section shall survive the termination or expiration of this MOU. 12. Assignment. This MOU, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by CWCMH to any other person or entity without the prior written consent of the City. 13. No Third Party Rights. This MOU is entered into for the sole benefit of the City and CWCMH. It shall confer no benefits or rights, direct or indirect, on any third persons, including employees of the parties. No person or entity other than the parties themselves may rely upon or enforce any provision of this MOU. The decision to assert or waive any provision of this MOU is solely that of each party. 3 14. Severability. Whenever possible, each provision of this MOU shall be interpreted in such a manner as to be effective and valid under applicable law. Any provision of this MOU which shall prove to be invalid, unenforceable, void, or illegal shall in no way affect impair, or invalidate any other provisions hereof, and such other provisions shall remain in full force and effect. Any provision of this MOU in direct conflict with any statutory provision of the State of Washington shall be deemed modified to conform to such statutory provision. 15. Integration, Supersession, and Modification. This MOU sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all prior negotiations, discussions, understandings, and agreements between the parties as to the subject matter hereof, which are hereby declared terminated and of no further force and effect. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this MOU shall be effective unless reduced to writing and executed by the parties. 16. Non -Waiver. The waiver by CWCMH or the City of the breach of any provision of this MOU by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 17. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO CITY: TO CWCMH: Police Chief City of Yakima Police Department 200 South Third Street Yakima, WA 98901 President/CEO Central Washington Comprehensive Mental Health 402 South 4th Avenue P.O. Box 959 Yakima, Washington 98907 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 18. Survival. Any provision of this MOU that imposes an obligation after termination or expiration of this MOU shall survive the term or expiration of this MOU and shall be binding on the parties to this MOU. 19. Governing Law. This MOU shall be governed by and construed in accordance with the laws of the State of Washington. 20. Venue. The venue for any action to enforce or interpret this MOU shall lie in the Superior Court of Washington for Yakima County, Washington. 21. Termination. CWCMH reserves the right to terminate and/or suspend this MOU by prior written notice in the event that expected or actual funding from the state or other sources is withdrawn, reduced, or limited. The City reserves the right to suspend and/or terminate this 4 MOU at any time with or without cause at the discretion of the City. The City will provide notification of a suspension or termination of this MOU orally or in writing. If notification by the City is provided orally, written notification will be provided within two business days. CITY OF YAKIMA By: R. A. Zais, Jr. City Manager Date:6. 0 a, ..00 ATTEST: City Clerk City Contract No. �00 2 —/7 Resolution No. g', q,4O ' "Ro? CENTRAL WASHINGTON COMPREHENSIVE MENTAL HEALTH Bv: Rick Weaver President/CEO Date: -2-/2.3 /e.Z. ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. * 10 For Meeting Of 2-21-06 Resolution Authorizing Execution of a Memorandum of Understanding between the Yakima Police Department and Central Washington Comprehensive Mental Health providing Mental Health Services for inmates of the Yakima City Jail. SUBMITTED BY: Samuel Granato, Chief of Police CONTACT PERSON/TELEPHONE: Gary Belles, Police Lieutenant -576-6547 SUMMARY EXPLANATION: The Washington State Legislature has designated funds to provide for mental health services for mentally ill offenders confined in city and county jails. Central Washington Comprehensive Mental Health has the experience and expertise necessary to provide such services. Central Washington Comprehensive Mental Health has offered to provide these services for inmates of the Yakima City Jail. The City of Yakima will not be responsible for the costs of these services, which will be paid by the state. The services to be provided will benefit the City by aiding Corrections staff in providing proper care for inmates with special mental heath needs, through helping inmates access medical funding through outside sources, reducing future recidivism through post release treatment and by reducing potential liability through improved risk management in the jail operation. Resolution Ordinance Other (Specify) Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL:�,�, i City Manager STAFF RECOMMENDATION: Adopt resolution authorizing execution of a Memorandum of Understanding between the Yakima Police Department and Central Washington Comprehensive Mental Health BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2006-22