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HomeMy WebLinkAboutAgreements/Contracts - Sheriff & JailGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: Grant County Sheriffs Office REQUEST SUBMITTED BY: Phillip C. Coats CONTACT PERSON ATTENDING ROUNDTABLE: Phillip Coats CONFIDENTIAL INFORMATION: ❑YES ®NO DATE: 04/22/24 PHONE 509-237-4589 If necessary, was this document reviewed by accounting? ❑ YES 0 NO If necessary, was this document reviewed by legal? 0 YES ❑ NO --------------- DATE OF ACTION: APPROVE: DENIED ABSTAIN D1: D2: D3: 4/8/24 DEFERRED OR CONTINUED TO: 2� Agreement /Contract ❑AP Vouchers ❑Appointment /Reappointment ❑ARPA Related El Bids /RFPs /Quotes Award ❑Bid Opening Scheduled ❑Boards /Committees ❑Budget ❑Computer Related ❑County Code ❑Emergency Purchase ❑Employee Rel. El Facilities Related El Financial El Funds El Hearing El Invoices /Purchase Orders ❑Grants —Fed/State/County Ell -eases ❑MOA / MOU ❑Minutes ❑Ordinances ❑Out of State Travel El Petty Cash ❑Policies 1:1 Proclamations ❑Request for Purchase 1:1 Resolution El Recommendation El Professional Sery/Consultant El Support Letter ❑Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB Psychiatric Oversight Contract with Catholic Charities. If necessary, was this document reviewed by accounting? ❑ YES 0 NO If necessary, was this document reviewed by legal? 0 YES ❑ NO --------------- DATE OF ACTION: APPROVE: DENIED ABSTAIN D1: D2: D3: 4/8/24 DEFERRED OR CONTINUED TO: 2� PERSONAL SERVICES AGREEMENT X4'127 THIS AGREEMENT made this, date February 27, 2024 by and between GRANT COUNTY, a political subdivision of the State of Washington, for the benefit of the Grant County Jail, hereafter referred to as County, and Catholic Charities Diocese of Yakima, hereafter referred to as Contractor. Services to commence the week of March 4th,2024. WHEREAS, consistent with the terms and provisions of Washington state law, the parties hereto desire hereby to set forth arrangements and obligations whereby Contractor, will perform Psychiatric services for inmates and/or arrestees in the Grant County Jail (GCJ). NOW, THEREFORE, in consideration of the mutual promises contained herein and other valuable consideration, the parties do hereby promise, covenant and agree as follows: 1. Scope/Nature of Duties. Contractor shall provide Psychiatric services to the Grant County Jail as described at Exhibit "A" attached hereto and incorporated herein by this reference. There is a minimum number of two (2) hours a week guaranteed to the Contractor under this Agreement and up to six (6) hours a week if needed and agreed by both parties. The rate of pay per hour for the Contractor is $180.00. Both scheduled shifts/hours must be scheduled/approved in advance by Grant County Jail's designated employee and the Contractor. 2. License. Contractor is required at all times to maintain in good standing a license pursuant to RCW 18.71 to provide Psychiatric services in the State of Washington and will provide the Grant County Jail with a copy. Contractor shall immediately notify Grant County Jail of any and all pending investigations and/or disciplinary actions pertaining to Contractor's license. 3. Performance. Contractor shall, at all times, maintain a business office and business telephone number at which she/he may be contacted by the County. Contractor shall comply with all federal, state, and county laws and regulations pertaining to the operations of the County in the performance of her/his duties, and shall perform all work on behalf of County in a professional, diligent manner consistent with current standards in the trade or profession. Contractor is not an employee of Grant County or the Grant County Jail and shall not be subject to any provisions of the personnel policies of the County. Contractor is an "independent contractor," as defined under federal and state law. Contractor shall have no authority to act on the behalf or for the benefit of the County and has no power to enter into any contracts on behalf of the County. 4. HIPPA Compliance. All Contractor's activities related to this Agreement shall adhere to state and federal confidentiality laws and regulations, including, without limitation the privacy provisions of HIPAA and the regulations promulgated thereunder, 45 C.F.R Parts 160 —164, to the full extent applicable, as amended from time to time. Contractor and Grant County Jail acknowledge and accept their individual obligations to comply with the privacy regulations promulgated to implement HIPAA. Contractor and Grant County Jail shall employ best efforts to implement HIPAA privacy requirements in a manner that allows for the effective exchange of all confidential information while complying with applicable confidentiality requirements. Contractor and Grant County Jail acknowledge that certain federal or state laws may take precedence over HIPAA. In the language found elsewhere in this Agreement conflicts with the intention stated herein, this paragraph takes precedence to direct the compliance of exchange of individual information. Contractor shall notify Grant County Jail designated employee immediately in the event any activities by Contractor violate privacy regulations. Grant County Jail shall notify Contractor immediately in the event any activities by grant County Jail violate privacy regulations. These obligations shall survive termination of this Agreement. 5. Term. Contractor shall commence providing Psychiatric services for Grant County commencing on execution of this Agreement. This Agreement shall terminate and expire at 11:59 pm June 30, 2025 unless terminated earlier. Termination may be conducted by either Contractor or County as hereafter provided. There is no guaranteed length of this Agreement. Contractor is an "at will" Contractor and this Agreement may be terminated by the County or Contractor without cause as provided herein. Any and all terms or provisions herein directly or indirectly related to compensation shall not be renegotiated unless and until the contract is first terminated and there shall be no obligation to renew this contract. 6. Termination. a. With 30 Days' Notice. County shall have the right to terminate this Agreement in the'sole and absolute discretion of the Board of Grant County Commissioners, with or without cause, upon the giving of thirty (30) days written notice to Contractor and by delivering notice of such termination to Contractor or by mailing a copy of the same by certified mail, return receipt requested, addressed to the Contactor's address stated herein. All right to compensation ceases on the date stated in the notice of termination. Contractor shall have the right to terminate this Agreement by providing County thirty (30) calendar day's written notice and by delivering notice of such termination to the Commission and to the Grant County, or by mailing a copy of the same by certified mail, return receipt requested, addressed to the Commission and separately to the Grant County Jail. b. Immediate Termination. The County may immediately terminate this Agreement for good cause, at any time, on written notice of such immediate termination given to Contractor. Cause for immediate termination shall include, but not be limited to, Contractor's failure, neglect or refusal to carry out Contractor's duties properly, professionally or in a workmanlike manner; breach of any provision of this Agreement; action or failure to act by Contractor which tends to degrade Contractor in society by contempt, scandal or ridicule; action or failure to act by Contractor which reflects unfavorably upon the County, its elected or appointed officials, employees, or agents; and/or Contractor's failure to conduct her/himself with due regard for social conventions, public morals and decency. 7. Compensation. Contractor shall be paid $180,00 per hour for performance of professional Psychiatry services provided as assigned in advance by Grant County Jails designated employee for.a minimum of two (2) actual in -service -hours per week, and up to six (6) hours a week if needed and agreed by both parties' shifts/hours. Contractor shall submit itemized billing statements on a monthly basis. Itemized billing statements shall be in a form and to a level of detail satisfactory to the Grant County Auditor's Office and Grant County Jail, and clearly specify dates and hours of service. County shall not reimburse nor compensate Contractor for any travel time, expenses, equipment, supplies, or meals. County shall not pay for any hours that are not documented and approved by Grant County Jail Health Care Manager or Grant County Jail Mental Health Coordinator. County shall have thirty (30) days to object in writing to billing statements submitted by Contractor and, if no objections are made, each billing statement shall be paid within 30 days of receipt of properly executed required forms by the Grant County Jail Business office. Contractor shall timely pay all federal, state and local income, self-employment, business and occupation taxes, which may accrue and become due as a result of compensation under this Agreement. Total compensation will not exceed $56,160.00 per year. 8. Notices and Designated Contacts. Contractor's contact person in the Grant County Jail shall be the below stated Grant County Jail employee. Either party may update contact person and/or contact information as needed. All notices required pursuant to this Agreement shall be sent to the individuals listed below and notice shall be deemed delivered three days following deposit in the U.S. Mail or as of the sent date of email: Contractor,- Contact in Grant County Jail Name: Randolph Grant Name: Philip Coats Title: Jail Services Manager Title: Chief Deputy Address: 145 S. Worthen, Address: 35 C St. NW/PO Box 37 Wenatchee WA 98801 Ephrata WA, 98823 Phone: 509) 662-6761 ext. 3015 Phone: (509) 754-2011 Email: RGrant@CatholicCharitiesCW.org Email: pcoats@grantcountyWa.gov 9. Indemnification. Contractor shall and does hereby covenant and agree to indemnify and hold County, its elected officials, agents, officers, and employees harmless from any losses, damages, costs, claims and liabilities, including attorney's fees, caused in whole or in part, by any negligent, reckless or intentional act of or negligent or reckless failure to act by the Contractor or any of its agents, servants, employees, independent contractors, invitees or licensees on and for any breach of this contract by the Contractor. Grant County Jail and County shall and does hereby covenant and agree to indemnify and hold Contractor, its officials, agents, officers, and employees harmless from any losses, damages, costs, claims and liabilities, including attorney's fees, caused in whole or in part, by any negligent, reckless or intentional act of or negligent or reckless failure to act by Grant County Jail, County or any of their elected officials, agents, servants, employees, independent contractors, invitees or licensees on and for any breach of this contract by Grant County Jail. Nothing herein shall be deemed to constitute a waiver by the County of its immunity pursuant to Title 51 RCW. 10. Insurance. The Contactor shall obtain and keep in force during the terms of the Agreement, oras otherwise required, the following insurance with companies or through sources approved by the Washington State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage: A. Worker's compensation and employer's liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. C. Professional Liability Insurance for two million dollars ($2,000,000) minimum per claim. All insurance policies shall provide coverage on an occurrence basis. The Contractor shall furnish the County with verification of insurance and endorsements required by the Agreement. The County reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Contractor shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this Agreement to the County. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice of the County. The Contractor's professional liability to the County shall be limited to the amount payable under this Agreement or two million ($2,000,000) dollars, whichever is the greater, unless modified by express agreement of the parties. In no case shall the Contractor's professional liability to third parties be limited in any way. The County will pay no payments until the Contractor has fully complied with this section. This remedy is not exclusive; and the County may take such other action as is available to it under other provisions of this Agreement, or otherwise in law. The insurance maintained under this Agreement shall not in any manner limit or qualify the liabilities or obligations of the Contractor under this Agreement. 11. Nondiscrimination. The Contractor shall not discriminate against any persons because of race, creed, color, sex, sexual orientation or identity, age, national origin, marital status, or physical or other handicap in performing this contract. 12. Representations and Warranties. Contractor represents and warrants (i) that Contractor has no obligations, legal or otherwise, inconsistent with the terms of this Agreement or with Contractor's undertaking this relationship with the County, (ii) that the performance of the services called for by this Agreement do not and will not violate any applicable law, rule or regulation or any proprietary or other right of any third party, (iii) that Contractor will not use in the performance of their responsibilities under this Agreement any confidential information of any other person or entity and (iv) that Contractor has not entered into or will enter into any agreement (whether oral or written) in conflict with this Agreement. 13. Attorney's Fees. No attorney's fees or costs are recoverable; each party to any enforcement or other action based upon this contract shall be responsible for its own attorney's fees and costs. 14. Access to and Ownership of Records and Work Product. Grant County shall have access to copies of any records of Contractor created or maintained in any medium related to performance of the services specified herein and Grant County shall have title to or ownership to a copy of all Contractor's work product, in any medium, related to the performance of the services specified herein. Title to or ownership of any and all documents or records in any medium received by communication with Grant County in the course of performance of the services specified herein shall remain with Grant County. 15. Assignment. This Agreement is personal to Contractor. Contractor agrees that Contractor may not assign any rights or delegate any obligations of Contractor under this Agreement and that any attempt to do so shall be void and constitute a material breach of this Agreement. 16. Property Rights. County shall have and acquire all rights, title, and interest to and in all work product conceived or developed by Contractor during the term of this Agreement and related in any way to the activities or business of County. Contractor shall not have, nor claim to have, any exclusive right, title or interest in any such work product regardless of any contributions by Contractor. Nothing in this agreement shall preclude Contractor from retaining any or all notes, files and other documentation deemed appropriate by Contractor relative to the behavioral health services provided to any behavioral health client. 17. Entire Agreement. This Agreement constitutes the full and complete understanding and agreement of the parties. Except as to future compensation adjustments which shall be agreed upon in writing, this Agreement supersedes all prior understandings and agreements, oral or in writing, and cannot be changed or terminated orally and may be modified only by a written agreement signed by both parties. 18. Invalid Provisions. The invalidity or unenforceability of any particular term or provision of this Agreement shall not affect the validity or enforceability of any other term or provision and this Agreement shall be construed in all respects as if such invalid or unenforceable term or provision was omitted. 19. Construction/JurisdictionNenue. This Agreement shall be construed according to the laws of the State of Washington. In the event of any legal action arising pursuant to this Agreement, jurisdiction and venue shall be proper only in Grant County, Washington. 20. Waiver/Non*aiiver. The waiver by either party of any alleged or actual breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent or continuing breach. Waiver of any of the provisions of this Agreement may only be accomplished by reducing the same to writing and shall be effective only when signed by both parties. 21. Interpretation. Paragraph headings/titles are for the convenience of the parties only and shall not be used in interpreting or construing any portion of this Agreement. The singular may include the plural or vice versa, and the masculine, feminine or neuter may include any one or all, of the other genders where the context so requires. DATEDat Ephrata, Washington this' day of April, 2024. BOARD OF GRANT COUNTY COMMISSIONERS: JAU Cindy Carter, Chair ATTEST: BARBARA J.VASQUEZ Pt P v Clerk of the B rd, CMC Dated this 'OD day of April, 2024. Danny Stone, Vice -Chair Rob Jo4r,�er6rer DARLENE DARNELL, President and CEO Catholic Charities of the Diocese of Yakima EXHIBIT "A" Scope and Description of Work The Contractor shall provide the following services as needed by the County: COMPENSATION: 1. Contractor shall be paid $160.00 per hour for performance of professional Psychiatry services provided as assigned in advance by CCRJC for a minimum of two (2) actual in-service hours per week (in person or virtual), and up to six (6) hours a week if needed and agreed by both parties' shifts/hours 2. Inmate face to face or virtual contact for the purposes of performing a Psychiatric Evaluation of Psychiatric follow up progress visit. 3. Write up time of 30 minutes for Psychiatric evaluations and 15 minutes for Progress notes. 4. Educational talks as may be scheduled with the approval of the medical/psychiatric nursing staff, and or administrative staff. Preparation time for the educational talks will be compensated to the same time as the length of the presentation. 5. Contractor shall perform all services in accordance with applicable state and federal requirements and Contractor's applicable policies and procedures.