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HomeMy WebLinkAbout09-07-21 Special Council MeetingSPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required. Join Zoom Meeting, click here. Meeting ID: 818 6854 6787 Passcode: 758566 To join with mobile: 1-253-215-8782 CALL TO ORDER Mayor Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert – Ashleigh APPROVAL OF THE AGENDA Council member Marilyn Oertle INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Recognizing IT Director Bryan Terry Mayor Barb Tolbert PUBLIC COMMENT For members of the public who wish to speak to the Council about any matter not on the Public Hearing portion of the meeting. Please limit remarks to three minutes. PUBLIC HEARING NEW BUSINESS 1. Appointment of Heather Logan to fill vacated seat of ATTACHMENT A Councilmember Jesica Stickles Staff Presentation: Paul Ellis Council Liaison: Council member Marilyn Oertle 2.Mobile Integrated Health ATTACHMENT B Staff Presentation: Paul Ellis Council Liaison: Council member Marilyn Oertle Arlington City Council Special Meeting Tuesday, September 7, 2021 at 5:30 pm City Council Chambers – 110 E Third Street SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required. 3. Selection of Mayor Pro Tem ATTACHMENT C Presentation: Mayor Barb Tolbert Council Liaison: Council member Marilyn Oertle COMMENTS FROM COUNCILMEMBERS INFORMATION/ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT EXECUTIVE SESSION RECONVENE ADJOURNMENT Council member Marilyn Oertle/Mayor Barb Tolbert City of Arlington Council Agenda Bill Item: NB #1 Attachment A COUNCIL MEETING DATE: September 7, 2021 SUBJECT: Appointment to fill vacated seat of Council member Jesica Stickles ATTACHMENTS: None DEPARTMENT OF ORIGIN Administration; Paul Ellis, City Administrator 360-403-4603 EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Discussion regarding the appointment of Heather Logan to City Council Position #1, previously held by Jesica Stickles, and vacated by Ms. Stickles September 1, 2021. HISTORY: Council member Jesica Stickles served on City Council from 2014 to 2021. She resigned September 1, 2021, before her December 31, 2021 term ended, leaving a vacant Council seat that will last only until the election. Heather Logan is running unopposed for that seat. Because the appointee will only serve until the election, and because it appears Heather Logan is running unopposed, the City Attorney and I move to temporarily suspend the City Council rules of procedure, and to appoint Heather Logan to City Council Position #1, to fill the vacant seat of Council member Jesica Stickles. City of Arlington Council Agenda Bill Item: NB #2 Attachment B COUNCIL MEETING DATE: September 7, 2021 SUBJECT: Mobile Integrated Health Program ATTACHMENTS: Washington State Health Care Authority Agreement and Draft Professional Service Agreement with Kaitlyn Goubeau, LICSW DEPARTMENT OF ORIGIN Administration; Paul Ellis, City Administrator 360-403-4603 EXPENDITURES REQUESTED: $750,000 over three years BUDGET CATEGORY: Mobile Integrated Health Program BUDGETED AMOUNT: $750,000 Grant Funded LEGAL REVIEW: DESCRIPTION: The Mobile Integrated Health Program is a pilot program funded 100% with a grant from the Washington State Health Care Authority. This program will utilize interns who are obtaining their Master’s Degrees in social officers and North County Regional Fire Authority emergency medical staff. The interns will identify the Professional Services Agreement with Kaitlyn Goubeau, to provide services for the Mobile Integrated Washington State Page 1 of 16 HCA IAA K5545 Health Care Authority Revised 07/2020 INTERAGENCY AGREEMENT for Mobile Integrated Health HCA Contract Number: K5545 THIS AGREEMENT is made by and between Washington State Health Care Authority (HCA) and City of Arlington,(Contractor), pursuant to the authority granted by Chapter 39.34 RCW. City of Arlington N/A CONTRACTOR ADDRESS Street City State Zip Code 238 N Olympic Ave, Arlington WA 98223 Barbara Tolbert 360-403-3441 btolbert@arlingtonwa.gov Behavioral Health Programs and Recovery Supports (BHPRS) Division of Behavioral Health and Recovery (DBHR) Matthew, Gower, Contract Manager Health Care Authority 626 8th Avenue SE Olympia, WA 98504 (360) 725-9556 Matthew.gower2@hca.wa.gov CONTRACT START DATE CONTRACT END DATE TOTAL MAXIMUM CONTRACT AMOUNT PURPOSE OF CONTRACT: The Contractor will provide support for individuals experiencing behavioral health distress. A community based mobile crisis team is an important and needed link in the behavioral health care continuum for its ability to address the emotional and symptomatic concerns of individuals experiencing behavioral health crises while remaining in their own environment. Mobile crisis services are intended to support and stabilize an individual that has experienced a mental health event that does not rise to the level of inpatient hospitalization and to provide an alternative to arrest or incarceration. Contract. This Contract will be binding on HCA only upon signature by both parties. Washington State Page 2 of 16 HCA IAA K5545 Health Care Authority Revised 07/2020 1. DEFINITIONS “American Indian/Alaska Native (AI/AN)” means any individual defined at 25 U.S.C. § 1603(13), § 1603(28), or § 1679(a), or who has been determined eligible as an Indian, under 42 C.F.R. § 136.12. This means the individual is a member of a Tribe or resides in an urban center and meets one or more of the following criteria: Is a member of a tribe, band, or other organized group of Indians, including those tribes, bands, or groups terminated since 1940 and those recognized now or in the future by the state in which they reside, or who is descendant, in the first or second degree, of any such member; Is an Eskimo or Aleut or other Alaska Native; Is considered by the Secretary of the Interior to be an Indian for any purpose; or Is determined to be an Indian under regulations issued by the Secretary. The term AI/AN also includes an individual who is considered by the Secretary of the Interior to be an Indian for any purpose or is considered by the Secretary of Health and Human Services to be an Washington State Page 12 of 168 Contract No : «Contract» Health Care Authority Behavioral Health - Administrative Service Organization Indian for purposes of eligibility for Indian health care services, including as a California Indian, Eskimo, Aleut, or other Alaska Native. “Authorized Representative” means a person to whom signature authority has been delegated in writing acting within the limits of the person’s authority. “Breach” means the unauthorized acquisition, access, use, or disclosure of Confidential Information that compromises the security, confidentiality, or integrity of the Confidential Information. “Business Days and Hours” means Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacific Time, except for holidays observed by the state of Washington. “Confidential Information” means information that may be exempt from disclosure to the public or other unauthorized persons under chapter 42.56 RCW or chapter 70.02 RCW or other state or federal statutes or regulations. Confidential Information includes, but is not limited to, any information identifiable to an individual that relates to a natural person’s health, finances, education, business, use or receipt of governmental services, names, addresses, telephone numbers, social security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and any other identifying numbers, law enforcement records, HCA source code or object code, or HCA or State security information. “Contract” or “Agreement” means the entire written agreement between HCA and the contractor, including any exhibits, documents, or materials incorporated by reference. The parties may execute this contract in multiple counterparts, each of which is deemed an original and all of which constitute only one agreement. E-mail (electronic mail) or fax (facsimile) transmission of a signed copy of this contract shall be the same as delivery of an original. Contract and Agreement may be used interchangeably. “Contractor” means City of Arlington, its employees and agents. Contractor includes any firm, provider, organization, individual or other entity performing services under this Agreement. It also includes any Subcontractor retained by Contractor as permitted under the terms of this Agreement. Washington State Page 3 of 16 HCA IAA K5545 Health Care Authority Revised 07/2020 “Covered entity” means a health plan, a health care clearinghouse or a health care provider who transmits any health information in electronic form to carry out financial or administrative activities related to health care, as defined in 45 CFR 160.103. “Data” means information disclosed, exchanged or used by Contractor in meeting requirements under this Agreement. Data may also include Confidential Information as defined in this Contract. “DBHR” means the HCA, Division of Behavioral Health and Recovery, and its employees and authorized agents. “Diversion” means services provided to a person prevented them from ending up in jail due to behavior resulting from their behavioral health challenges, were involuntarily hospitalized due to their behavioral health challenges, or needing to go to an emergency department (ED) for services in resolving their crisis. A diversion still counts if a person is referred by the MIH team to an ED for medical clearance as required for referral to the next step in care. “HCA Contract Manager” means the individual identified on the cover page of this Contract who will provide oversight of the Contractor’s activities conducted under this Contract. “Health Care Authority” or “HCA” means the Washington State Health Care Authority, any division, section, office, unit or other entity of HCA, or any of the officers or other officials lawfully representing HCA. “Indian Health Care Provider (IHCP)” means the Indian Health Service and/or any Tribe, Tribal organization, or Urban Indian Health Program (UIHP). "Overpayment" means any payment or benefit to the Contractor in excess of that to which the Contractor is entitled by law, rule, or this Contract, including amounts in dispute. “Proprietary Information” means information owned by Contractor to which Contractor claims a protectable interest under law. Proprietary Information includes, but is not limited to, information protected by copyright, patent, trademark, or trade secret laws. “Protected Health Information” or “PHI” means individually identifiable information that relates to the provision of health care to an individual; the past, present, or future physical or mental health or condition of an individual; or past, present, or future payment for provision of health care to an individual, as defined in 45 CFR 160.103. Individually identifiable information is information that identifies the individual or about which there is a reasonable basis to believe it can be used to identify the individual, and includes demographic information. PHI is information transmitted, maintained, or stored in any form or medium. 45 CFR 164.501. PHI does not include education records covered by the Family Educational Rights and Privacy Act, as amended, 20 USC 1232g(a)(4)(b)(iv). “RCW” means the Revised Code of Washington. All references in this Contract to RCW chapters or sections include any successor, amended, or replacement statute. Pertinent RCW chapters can be accessed at: http://apps.leg.wa.gov/rcw/. Washington State Page 4 of 16 HCA IAA K5545 Health Care Authority Revised 07/2020 “Services” means all work performed or provided by Contractor pursuant to this Contract. “Statement of Work” or “SOW” means a detailed description of the work activities the Contractor is required to perform under the terms and conditions of this Contract, including the deliverables and timeline, and is attached as Schedule A. “Subcontractor” means a person or entity that is not in the employment of the Contractor, who is performing all or part of the business activities under this Agreement under a separate contract with Contractor. The term “Subcontractor” means subcontractor(s) of any tier. "Tribal Organization" means the recognized governing body of any Tribe; any legally established organization of Indians which is controlled, sanctioned, or chartered by one or more federally recognized Tribes or whose governing body is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities. "Tribe" means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or group or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. "Urban Indian Health Program (UIHP)" means a nonprofit corporate body situated in an urban center, governed by an urban Indian controlled board of directors, and providing for the maximum participation of all interested Indian groups and individuals, that is operating a facility delivering health care. Washington State Page 5 of 16 HCA IAA K5545 Health Care Authority Revised 07/2020 2. STATEMENT OF WORK Contractor will furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the performance of work set forth in Schedule “A” 3. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Contract will commence on the Date of Execution, and be completed on June 30, 2023, unless terminated sooner or extended upon written agreement between the parties. 4. PAYMENT Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. The parties have determined that the cost of accomplishing the work herein will not exceed $750,000. Payment for satisfactory performance of the work will not exceed this amount unless the parties mutually agree to a higher amount. Compensation for services will be based on the following rates or in accordance with the following terms, or as set forth in accordance with the budget in Schedule "A". 5. BILLING PROCEDURE Contractor must submit accurate invoices to the following address for all amounts to be paid by HCA via e-mail to: acctspay@hca.wa.gov. Include the HCA Contract number in the subject line of the email. Invoices must describe and document to HCA’s satisfaction a description of the work performed, the progress of the project, and fees. If expenses are invoiced, invoices must provide a detailed breakdown of each type. Any single expense in the amount of $50.00 or more must be accompanied by a receipt in order to receive reimbursement. All invoices will be reviewed and must be approved by the Contract Manager or designee prior to payment. Contractor must submit properly itemized invoices to include the following information, as applicable: a. HCA Contract number [Enter HCA Contract #5545]; b. Contractor name, address, phone number; c. Description of Services; d. Date(s) of delivery; e. Net invoice price for each item; f. Applicable taxes; g. Total invoice price; and h. Payment terms and any available prompt payment discount. Contractor will return incorrect or incomplete invoices for correction and reissue. The Agreement number must appear on all invoices, bills of lading, packages, and correspondence relating to this Agreement. Washington State Page 6 of 16 HCA IAA K5545 Health Care Authority Revised 07/2020 Payment will be considered timely if made within thirty (30) calendar days of receipt of properly completed invoices. Payment will be directly deposited in the bank account or sent to the address Contractor designated in this Agreement. Upon expiration or termination any claims for payment for costs due and payable under this Agreement that are incurred prior to the expiration date must be submitted by Contractor within sixty (60) calendar days after the expiration date. There will be no obligation to pay any claims that are submitted sixty-one (61) or more calendar days after the expiration date (“Belated Claims”). Belated Claims will be paid at HCA’s sole discretion, and any such potential payment is contingent upon the availability of funds. 6. AGREEMENT CHANGES, MODIFICATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments are not binding unless they are in writing and signed by an Authorized Representative of each party. 7. SUBCONTRACTING Neither the Contractor nor any Subcontractor shall enter into subcontracts for any of the work contemplated under this Agreement without obtaining HCA’s prior written approval. HCA shall have no responsibility for any action of any such Subcontractors. 8. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent will not be unreasonably withheld. 9. CONTRACT MANAGEMENT The Contract Manager for each of the parties, named on the face of this Contract, will be responsible for and will be the contact person for all communications and billings regarding the performance of this Agreement. Either party must notify the other party within thirty (30) days of change of Contract Management. Changes in Contract Management shall require an amendment. 10. DISALLOWED COSTS The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 11. DISPUTES In the event that a dispute arises under this Agreement, it will be determined by a Dispute Board in the following manner: Each party to this Agreement will appoint one member to the Dispute Board. The members so appointed will jointly appoint an additional member to the Dispute Board. The Dispute Board will review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board will thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board will be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. Washington State Page 7 of 16 HCA IAA K5545 Health Care Authority Revised 07/2020 12. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement will be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency will be resolved by giving precedence in the following order: 12.1. Applicable state and federal statutes and rules; 12.2. Schedule A, Statement of Work; and 12.3. Any other provisions of the agreement, including materials incorporated by reference. 13. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement will not be considered for any purpose to be employees or agents of the other party. 14. RECORDS MAINTENANCE The parties to this Agreement will each maintain books, records, documents and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. These records will be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties will have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will use reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. 15. RIGHTS IN DATA Unless otherwise provided, data which originates from this Agreement will be "works for hire" as defined by the U.S. Copyright Act of 1976 and will be owned by HCA. Data will include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights. 16. CONFIDENTIALITY Washington State Page 8 of 16 HCA IAA K5545 Health Care Authority Revised 07/2020 Each party agrees not to divulge, publish or otherwise make known to unauthorized persons confidential information accessed under this Agreement. Contractor agrees that all materials containing confidential information received pursuant to this Agreement, including, but not limited to information derived from or containing patient records, claimant file and medical case management report information, relations with HCA’s clients and its employees, and any other information which may be classified as confidential, shall not be disclosed to other persons without HCA’s written consent except as may be required by law. 17. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference will be held invalid, such invalidity will not affect the other provisions of this Agreement, which can be given effect without the invalid provision if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. 18. FUNDING AVAILABILITY HCA’s ability to make payments is contingent on funding availability. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to completion or expiration date of this Agreement, HCA, at its sole discretion, may elect to terminate the Agreement, in whole or part, orto renegotiate the Agreement subject to new funding limitations and conditions. HCA may also elect to suspend performance of the Agreement until HCA determines the funding insufficiency is resolved. HCA may exercise any of these options with no notification restrictions. 19. TERMINATION Either party may terminate this Agreement upon 30-days' prior written notification to the other party. If this Agreement is so terminated, the parties will be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 20. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. 21. WAIVER A failure by either party to exercise its rights under this Agreement will not preclude that party from subsequent exercise of such rights and will not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an Authorized Representative of the party and attached to the original Agreement. 22. ALL WRITINGS CONTAINED HEREIN Washington State Page 9 of 16 HCA IAA K5545 Health Care Authority Revised 07/2020 This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement will be deemed to exist or to bind any of the parties hereto. 23. SURVIVORSHIP The terms, conditions and warranties contained in this Agreement that by their sense and context are intended to survive the completion of the performance, expiration or termination of this Agreement shall so survive. In addition, the terms of the sections titled Rights in Data, Confidentiality, Disputes and Records Maintenance shall survive the termination of this Agreement. Schedules Schedule A: Statement of Work (SOW) Washington State Page 10 of 16 HCA IAA K5545 Health Care Authority Revised 07/2020 STATEMENT OF WORK SCHEDULE A The Contractor must provide the services and staff, and otherwise do all things necessary for or incidental to the performance of work in the region (city, county, or counties), as set forth herein. 1. Purpose: 1.1 The Contractor will provide a two-year concept project titled Mobile Integrated Health (MIH). This project will be operated in the City of Arlington, Washington in cooperation with the North County Regional Fire Authority (NCRFA) as an effort to decrease unnecessary emergency department visits and repeat hospitalizations, to reduce unnecessary calls to 911 for police or emergency medical response, and to provide mobile integrated health services for residents who cannot navigate resources through typical means, thereby preventing homelessness and premature death. 1.2 The Contractor will hire a master’s level social worker to manage six (6) interns, who will provide services in the field. The Contractor’s Program Coordinator will provide clinical oversight, training, and case management for the interns. All interns will be second year Master of Social Work students at regional schools. The interns will provide brief therapeutic intervention, biopsychosocial assessment and referral, and community care coordination. 1.3 A behavioral health crisis is defined as a turning point in the course of anything decisive or critical, a time, a stage or an event or a time of great danger or trouble whose outcome decides whether possible bad consequences will follow. Mobile crisis services are intended to stabilize the person in crisis, prevent further deterioration and provide immediate treatment and intervention in a location best suited to meet the of the individual and in the least restrictive environment available. 1.4 The development and oversight of this service falls to the City of Arlington under the guidance of its Mayor and a master’s prepared social worker who will supervise the hired interns. All services provided will work to promote and enlist coordinated cooperation from a multitude of community services including the medical services, crisis stabilization / crisis triage facilities, mobile crisis interventionist, fire and Emergence Medical Services (EMS), law enforcement and other first responders as needed. 2. Program Overview: 2.1 These services are intended to provide an individual with a better chance of maintaining stability in the community, avoiding arrest, re-arrest, hospitalization, or involuntary detainment. This agreement includes expanding existing services that are provided through traditional Mobile Crisis Response in a targeted effort of offering least restrictive, trauma free alternatives. Washington State Page 11 of 16 HCA IAA K5545 Health Care Authority Revised 07/2020 2.2 The Contractor will recognize that clients of the program will be any individual or family who needs support after a crisis, accident, hospital discharge or other scenario. 2.3 The MIH team will be accessed by referral only, and only from existing programs, including Arlington Fire Department, Arlington Police Department, the Arlington Domestic Violence Coordinator, Arlington’s Code Enforcement Officer, Northwest Incident Support (NWIS) and NCRFA. 2.4 The MIH program will augment the services currently provided by NWIS. They excel in on-scene trauma and grief support, walking families through end-of-life care situations, and connecting with families and children following homicide, suicide, severe trauma, and other challenging situations. 3. The Contractor shall hire staff as described in section 1., Purpose.The Contractor will develop a referral process detailing when and how to contact the MIH program, and how it will define their scope of work. The scope of work for the MIH Program Coordinator will include the following: The MIH Program Coordinator will write policies and procedures for providing services including: 3.1 Clinical oversight; 3.2 Triage and case management (suggest case load 20-25 per intern); 3.3 “Warm hand off” at crisis in the field to assigned intern for longer term care; 3.4 Referral process for accessing the Mobile Integrated Health Program; 3.5 Exclusionary from this program will only come after deliberating clinical review and written justification. If an individual is excluded, they will have the opportunity to appeal that decision; 3.6 When and how to refer clients to other community resources; 3.7 Training on the existing client management records system called Field Medical; and 3.8 Opportunity for cross training between programs. 4. The Contractor shall ensure services are provided that address the needs of the person in crisis, prevent further deterioration and provide immediate treatment and intervention in a location best suited to meet the needs of the individual and in the least restrictive environment available: 4.1 Crisis services must be available on a 24-hour, seven (7) days a week basis. 4.2 Crisis services may be provided prior to completion of an intake evaluation. 4.3 Services are provided by or under the supervision of a Licensed Master Level Social Worker (LICSW) Mental Health Professional (MHP). Washington State Page 12 of 16 HCA IAA K5545 Health Care Authority Revised 07/2020 5. The Contractor will provide community outreach and education focusing on creating public awareness of the MIH services in the form of outreach materials and community engagement strategies providing instruction on how to request services. These will commence within 90 days from the start of the Contract. 6. The Contractor shall maintain all required metrics and documentation for reporting. Reports are due based on the Deliverable and Payment Chart in section 12 in this Statement of Work. The requirements for each report are listed below: 6.1 Contractor shall submit a startup report that will consist of a 200-300-word narrative and implementation plan addressing the following items: 6.1.1 How the Contractor will provide service citywide, reporting numbers served, and location where service was rendered. Assessment as to how the MIH services will meet the City of Arlington’s needs and priorities which are unique to the City. 6.1.2 How to address the urban and rural needs of the City, considering the need for timely response throughout the entire City by providing the proper level of care. 6.1.3 How services will be available on a twenty-four (24) hour, seven (7) day per week basis that may be accessed without full completion of intake evaluations and/or other screening and assessment processes. 6.1.4 How the Contract will enhance reporting capability to gather data on response times, referral source, and outcome for all crisis services. 6.1.5 How the Contractor will provide communication outreach with the following entities by providing both educational and outreach materials, webinars, and presentations of services: 6.1.5.1 Crisis teams; 6.1.5.2 Behavioral health providers; 6.1.5.3 Law enforcement agencies; 6.1.5.4 Emergency departments; 6.1.5.5 Crisis settings; 6.1.5.6 Tribes; 6.1.5.7 Department of Social and Health Services administrations and other social programs 6.1.5.8 Behavioral Health service providers; 6.1.5.9 First responders and ambulance companies; and 6.1.5.10 Community townhalls. 6.2 Quarterly reports shall consist of the following elements: 6.2.1 List of staff hired and their credentials; Washington State Page 13 of 16 HCA IAA K5545 Health Care Authority Revised 07/2020 6.2.2 Number of services provided; 6.2.3 Number of service call abandoned; 6.2.4 Number of services that resulted in diversion from hospital or jail; 6.2.5 Number of services that were too acute for diversion; and 6.2.6 100–200-word narrative on success, barriers, lessons learned, and possible change that resulted from lessons learned. 6.3 Yearly reports shall consist of the following: 6.3.1 Yearly counts for the data elements outlined in section 6.2 of this Statement of Work; 6.3.2 A 500–600-word narrative on how the elements in the startup report in 4.1 were achieved; and 6.3.3 A 200–300-word narrative on the continued need for the program if any. 7. Critical Incident Management System 7.1 The Contractor shall establish a Critical Incident Management System and shall include policies and procedures for identification of incidents, reporting protocols and oversight responsibilities. The Contractor shall designate a Critical Incident Manager responsible for administering the Incident Management System and ensuring compliance with the requirements of this section 8. 7.2 The Contractor shall submit an individual Critical Incident report for the following incidents that occur: 8.2.1 To an Enrollee and occurred within a contracted behavioral health facility (inpatient psychiatric, behavioral health agencies), FQHC, or by independent behavioral health provider. 8.2.2 Abuse, neglect, or sexual/financial exploitation; 8.2.3 Death; and 8.2.4 Severely adverse medical outcome or death occurring within 72 hours of transfer from a contracted behavioral facility to a medical treatment setting. 8.3 By an Enrollee, with a behavioral health diagnosis; or history of behavioral health treatment within the previous 365 days. Acts allegedly committed, to include: 8.3.1 Homicide or attempted homicide; 8.3.2 Arson; 8.3.3 Assault or action resulting in serious bodily harm which has the potential to cause prolonged disability or death; 8.3.4 Kidnapping; and Washington State Page 14 of 16 HCA IAA K5545 Health Care Authority Revised 07/2020 8.3.5 Sexual assault. 8.3.6 Unauthorized leave from a behavioral health facility during an involuntary detention. 8.4 Any event involving an Enrollee that has attracted or is likely to attract media coverage. (Contractor shall include the link to the source of the media, as available). 8.5 The Contractor shall report critical incidents within one Business Day of becoming aware of the incident and shall report incidents that have occurred within the last thirty (30) calendar days, with the exception of incidents that have resulted in or are likely to attract media coverage. Media related incidents should be reported to HCA as soon as possible, not to exceed one Business Day. 8.6 The Contractor shall enter the initial report, follow-up, and actions taken into HCA Incident Reporting System https://fortress.wa.gov/hca/ics/, using the report template within the system. 8.7 If the system is unavailable the Contractor shall report Critical Incidents to HCAMCPrograms@hca.wa.gov. 8. HCA may ask for additional information as required for further research and reporting. The Contractor shall provide information within three (3) Business Days. 9. Funding: Up to $750,000 for each SFY 22 for a total of $750,000.. The Contractor will be provided an A-19 template to use for the element/sub-element categories when accounting for expenditures. 10. Consideration. Total consideration payable to Contractor for satisfactory performance of the work under this Contract is up to a maximum of $750,000.00 including all expenses and shall be based on upon receipt and acceptance of reports and documents established in the Performance and Payment Chart, below. If performance does not meet that required under Schedule A, Statement of Work, payment may be earned after receipt and approval by the HCA/DBHR Contract Manager of a corrective action plan that clearly and satisfactorily describes how and when performance will be met. 11. Deliverable and Payment Chart: Any unspent funds cannot be carried over from one state fiscal year to the other. Washington State Page 15 of 16 HCA IAA K5545 Health Care Authority Revised 07/2020 # Deliverable Performance Matric Due Date Payment 1 Report on the startup of the program detailing the anticipated start date, hiring completed, and how startup funds were spent. and timeliness of report and the program is meeting its execution of the contract. September 1, 2021, through October 31, 2021, with all the elements outlined section 6.1 and timeliness of report and the program is meeting its objectives. November 1, 2021, through December 31, 2021, with all the elements outlined section 6.1 and timeliness of report and the program is meeting its January 1, 2022, to March 31, 2022, with all the elements outlined section 6.1 and timeliness of report and the program is meeting its objectives. 1, 2022, to June 30, 2022, with all the elements outlined section 6.1 and timeliness of report and the program is meeting its objectives. during FY2022 as outlined in section 6.2 and timeliness of report. Meets requirements in Washington State Page 16 of 16 HCA IAA K5545 Health Care Authority Revised 07/2020 7 Quarterly report for July 1, 2022 to September 30, 2022, with all the elements outlined section 6.1 and timeliness of report and the program is meeting its objectives. October 1, 2022 to December 31, 2022, with all the elements outlined section 6.1 and timeliness of report and the program is meeting its objectives. January 1, 2023 to March 31, 2023, with all the elements outlined section 6.1 and timeliness of report and the program is meeting its objectives. 1, 2023 to June 30, 2023, with all the elements outlined section 6.1 and timeliness of report and the program is meeting its objectives. during FY2023 as outlined in section 6.2 and timeliness of report. Meets requirements in Page 1 of 11 PSA (Rev 2020.06.25) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, is made and entered into in duplicate this 8th day of September, 2021, by and between the CITY OF ARLINGTON, a Washington municipal corporation, hereinafter referred to as the "CITY" and Center for Justice Social Work, Kaitlyn Goubeau, LICSW hereinafter referred to as the "PROFESSIONAL." IN CONSIDERATION of the terms, conditions, and covenants contained herein, the parties hereto agree as follows: 1. SCOPE OF SERVICES The PROFESSIONAL shall perform such services and accomplish such tasks, including the furnishing of all materials and equipment necessary for full performance thereof, as are identified and designated as PROFESSIONAL responsibilities throughout this Agreement and as detailed in Exhibit "A" Mobile Integrated Health Pilot Program attached hereto and incorporated herein (the "Project"). 2. TERM The Project shall begin upon full execution of this Agreement and shall be completed no later than September 8th 2021 and complete on July 31st 2023 -unless sooner terminated according to the provisions herein. 3. COMPENSATION AND METHOD OF PAYMENT 3.1 Payments for services provided hereunder shall be made following the performance of such services, unless otherwise permitted by law and approved in writing by the CITY. 3.2 No payment shall be made for any service rendered by the PROFESSIONAL except for services identified and set forth in this Agreement. 3.3 The CITY shall pay the PROFESSIONAL for work performed under this Agreement as follows: 3.3.1 PROFESSIONAL shall submit monthly invoices detailing work performed and expenses for which reimbursement is sought in accordance with the deliverables and performance matrix in Exhibit A. 3.3.2 CITY shall approve all invoices before payment is issued. Professional may bill monthly for a percentage of work completed in accordance with the due date of deliverables. City must approve the percentage of completion. Payment shall occur within thirty (30) days of receipt and approval of an invoice. 3.4 CITY shall pay PROFESSIONAL for such services: (check one) Page 2 of 11 PSA (Rev 2020.06.25)  Hourly: $_____________ per hour, plus actual expenses, but not to exceed a total of $______________ without an amendment to this Agreement.  Fixed Sum: A total amount of $ ________________________________. X Other: EXHIBIT A, fees for services invoiced monthly. for all work performed and expenses incurred under this Agreement. 3.5 CITY reserves the right to withhold payment under this Agreement which is determined, in the reasonable judgment of the City Administrator or his/her designee to be noncompliant with this Agreement, the Scope of Services attached hereto, City standards, or city, state or federal law. 4. REPRESENTATIONS CITY has relied upon the qualifications of PROFESSIONAL in entering into this Agreement. By execution of this Agreement, PROFESSIONAL represents it possesses the ability, skill and resources necessary to perform the work and is familiar with all applicable current laws, rules and regulations which reasonably relate to the Scope of Services detailed in Exhibit “A” hereto. 5. STANDARD OF CARE PROFESSIONAL shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession, and performing the same or similar services at the time such services are performed. PROFESSIONAL will be responsible for the technical accuracy of its services and documents resulting therefrom, and CITY shall not be responsible for discovering deficiencies therein. PROFESSIONAL agrees to correct any deficiencies discovered without additional compensation, except to the extent such deficiencies are directly attributable to deficiencies or omissions in City-furnished information. 6. REPRESENTATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS 6.1 By executing this Agreement, the PROFESSIONAL certifies to the best of its knowledge and belief, that it and its principles: 6.1.1 are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 6.1.2 have not, within a three-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a Page 3 of 11 PSA (Rev 2020.06.25) public transaction; violation of federal or state anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 6.1.3 are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph 6.1.2 of this certification; and 6.1.4 have not, within a three-year period preceding this application/proposal, had one or more public transactions (federal, state, or local) terminated for cause or fault. 6.2 Where the PROFESSIONAL is unable to certify to any of the statements in this certification, such PROFESSIONAL shall attach an explanation to this Agreement. 7. REPORTS AND INSPECTIONS 7.1 The PROFESSIONAL at such times and in such forms as the CITY may require, shall furnish to the CITY such statements, records, reports, data, and information as the CITY may request pertaining to matters covered by this Agreement. 7.2 The PROFESSIONAL shall at any time during normal business hours and as often as the CITY or State Auditor may deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the CITY or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement. The CITY shall receive a copy of all audit reports made by the agency or firm as to the PROFESSIONAL's activities. The CITY may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the PROFESSIONAL'S activities which relate, directly or indirectly, to this Agreement. 8. INDEPENDENT CONTRACTOR RELATIONSHIP 8.1 The parties intend that an independent contractor relationship will be created by this Agreement. The CITY is interested primarily in the results to be achieved; subject to paragraphs herein, the implementation of services will lie solely with the discretion of the PROFESSIONAL. No agent, employee, servant or representative of the PROFESSIONAL shall be deemed to be an employee, agent, servant or representative of the CITY for any purpose, and the employees of the PROFESSIONAL are not entitled to any of the benefits the CITY provides for its employees. The PROFESSIONAL will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors or representatives during the performance of this Agreement. Page 4 of 11 PSA (Rev 2020.06.25) 8.2 In the performance of the services herein contemplated the PROFESSIONAL is an independent contractor with the authority to control and direct the performance of the details of the work, however, the results of the work contemplated herein must meet the approval of the CITY and shall be subject to the CITY's general rights of inspection and review to secure the satisfactory completion thereof. 9. PROFESSIONAL’S EMPLOYEES/AGENTS The CITY may at its sole discretion require the PROFESSIONAL to remove any employee, agent or servant from employment on this Project. The PROFESSIONAL may however employ those individual(s) on other non-CITY related projects. 10. HOLD HARMLESS/INDEMNIFICATION 10.1 PROFESSIONAL shall, at its sole expense, defend, indemnify and hold the CITY, its officers, officials, employees and volunteers harmless from any and all claims, actions, suits, liability, loss, or costs including attorney fees, caused by the wrongful or negligent acts, errors or omissions of the PROFESSIONAL or the PROFESSIONAL’s agents, employees or subcontractors in performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY or the CITY’s agents or employees. 10.2 PROFESSIONAL’s duty to indemnify and hold the CITY harmless against liability for damages arising out of or caused by the concurrent negligence of CITY or CITY’s employees or agents and PROFESSIONAL or PROFESSIONAL’s employees or agents shall apply only to the extent of the negligence or wrongdoing of PROFESSIONAL and PROFESSIONAL’s employees or agents. 10.3 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the PROFESSIONAL and the CITY, its officers, officials, employees, and volunteers, the PROFESSIONAL's liability, including the duty and cost to defend, hereunder shall be only to the extent of the PROFESSIONAL’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the PROFESSIONAL’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. PROFESSIONAL certifies, by signing this Agreement, that this indemnification provision was mutually negotiated. The provisions of this section shall survive the expiration or termination of this Agreement. 10.4 No liability shall attach to the CITY by reason of entering into this Agreement except as expressly provided herein. 11. INSURANCE The PROFESSIONAL shall procure and maintain for the duration of the Agreement, Page 5 of 11 PSA (Rev 2020.06.25) 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 the PROFESSIONAL, its agents, representatives, or employees. 11.1 Insurance Term. The PROFESSIONAL shall procure and maintain for the duration of the Project, 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 the PROFESSIONAL, its agents, representatives, or employees. 11.2 No Limitation. The PROFESSIONAL’s maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the PROFESSIONAL to the coverage provided by such insurance, or otherwise limit the CITY’s recourse to any remedy available at law or in equity. 11.3 Minimum Scope of Insurance. PROFESSIONAL shall obtain insurance of the types described below: 11.3.1 Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01. If necessary, the policy shall be endorsed to provide contractual liability coverage. 11.3.2 Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the PROFESSIONAL's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 11.3.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 11.3.4 Professional Liability insurance appropriate to the PROFESSIONAL's profession. 11.4 Minimum Amounts of Insurance. PROFESSIONAL shall maintain the following insurance limits: 11.4.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 11.4.2 Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. 11.4.3 Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. Page 6 of 11 PSA (Rev 2020.06.25) 11.5 Other Insurance Provisions. The PROFESSIONAL’s Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the CITY. Any Insurance, self-insurance, or self-insured pool coverage maintained by the CITY shall be excess of the PROFESSIONAL’s insurance and shall not contribute with it. 11.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 11.7 Verification of Coverage. PROFESSIONAL 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 the PROFESSIONAL before commencement of the work. 11.8 Notice of Cancellation. PROFESSIONAL shall provide the CITY with written notice of any policy cancellation within two business days of their receipt of such notice. 11.9 Failure to Maintain Insurance. Failure on the part of the PROFESSIONAL to maintain the insurance as required shall constitute a material breach of contract, upon which the CITY may, after giving five business days’ notice to the PROFESSIONAL to correct the breach, immediately terminate this Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the CITY on demand, or at the sole discretion of the CITY, offset against funds due the PROFESSIONAL from the CITY. 11.10 City Full Availability of Professional Limits. If the PROFESSIONAL maintains higher insurance limits than the minimums shown above, the CITY shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the PROFESSIONAL, irrespective of whether such limits maintained by the PROFESSIONAL are greater than those required by this Agreement or whether any certificate of insurance furnished to the CITY evidences limits of liability lower than those maintained by the PROFESSIONAL. 12. OWNERSHIP OF ASSETS Title to all property furnished by the CITY shall remain in the name of the CITY and the CITY shall become the owner of the work product and other documents, if any, prepared by the PROFESSIONAL pursuant to this Agreement. 13. COMPLIANCE WITH LAWS 13.1 The PROFESSIONAL, in the performance of this Agreement, shall comply with all applicable federal, state or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and Page 7 of 11 PSA (Rev 2020.06.25) licensing of individuals, and any other standards or criteria as described in this Agreement to assure quality of services. 13.2 The PROFESSIONAL specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 14. NONDISCRIMINATION 14.1 The CITY is an equal opportunity employer. 14.2 Nondiscrimination in Employment. In the performance of this Agreement, the PROFESSIONAL will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The PROFESSIONAL shall ensure that applicants are employed, and that employees are treated during employment without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfers, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and programs for training including apprenticeships. The PROFESSIONAL shall take such action with respect to this Agreement as may be required to ensure full compliance with local, state and federal laws prohibiting discrimination in employment. 14.3 Nondiscrimination in Services. The PROFESSIONAL will not discriminate against any recipient of any services or benefits provided for in this Agreement on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. 14.4 If any assignment and/or subcontracting has been authorized by the CITY, said assignment or subcontract shall include appropriate safeguards against discrimination. The PROFESSIONAL shall take such action as may be required to ensure full compliance with the provisions in the immediately preceding paragraphs herein. 15. ASSIGNMENT/SUBCONTRACTING 15.1 The PROFESSIONAL shall not assign its performance under this Agreement or any portion of this Agreement without the written consent of the CITY, and it is further agreed that said consent must be sought in writing by the PROFESSIONAL not less than thirty (30) days prior to the date of any proposed assignment. The CITY reserves the right to reject without cause any such assignment. 15.2 Any work or services assigned hereunder shall be subject to each provision of this Page 8 of 11 PSA (Rev 2020.06.25) Agreement and proper bidding procedures where applicable as set forth in local, state and/or federal statutes, ordinances and guidelines. 15.3 Any technical/professional service subcontract not listed in this Agreement, must have express advance approval by the CITY. 16. CHANGES OR AMENDMENTS Either party may request changes to the scope of services and performance to be provided hereunder, however, no change or addition to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and signed by both parties. Such amendments shall be attached to and made part of this Agreement. 17. OWNERSHIP, MAINTENANCE AND INSPECTION OF RECORDS 17.1 All drawings, plans, specifications, and other related documents prepared by PROFESSIONAL under this Agreement are and shall be the property of CITY, and may be subject to disclosure pursuant to RCW Chapter 42.56 or other applicable public records laws. The written, graphic, mapped, photographic, or visual documents prepared by PROFESSIONAL under this Agreement shall, unless otherwise provided, be deemed the property of the CITY. CITY shall be permitted to retain these documents, including reproducible camera-ready originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the CITY’s use. CITY shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or part, and reports, data, drawings, images or other material prepared under this Agreement, provided that PROFESSIONAL shall have no liability for the use of PROFESSIONAL’s work product outside of the scope of its intended purpose, and the CITY agrees to indemnify and hold the PROFESSIONAL harmless from such use. 17.2 The PROFESSIONAL shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Agreement and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject at all reasonable times to inspection, review, or audit, by the CITY, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 17.3 The PROFESSIONAL shall retain all books, records, documents and other material relevant to this Agreement, for six (6) years after its expiration. The PROFESSIONAL agrees that the CITY or its designee shall have full access and right to examine any of said materials at all reasonable times during said period. PROFESSIONAL agrees to cooperate with the CITY to produce in a timely manner any records in the possession of PROFESSIONAL relating to the performance of this Agreement which are or may be the subject of a valid request under the Public Records Act, RCW Chapter 42.56. Page 9 of 11 PSA (Rev 2020.06.25) 18. OTHER PROVISIONS If changes in state law necessitate that services hereunder be expanded, the parties shall negotiate an appropriate amendment. If, after thirty (30) days of negotiation, an agreement cannot be reached, this Agreement may be terminated by the City no sooner than sixty (60) days thereafter. 19. TERMINATION 19.1 Termination for Convenience. The CITY may terminate this Agreement, in whole or in part, at any time, by at least five (5) days written notice to the PROFESSIONAL. 19.2 Termination for Cause. If the PROFESSIONAL fails to perform in the manner called for in this Agreement, or if the PROFESSIONAL fails to comply with any other provisions of this Agreement and fails to correct such noncompliance within five (5) days written notice thereof, the CITY may terminate this Agreement for cause. Termination shall be effected by serving a notice of termination on the PROFESSIONAL setting forth the manner in which the PROFESSIONAL is in default. The PROFESSIONAL will only be paid for services performed in accordance with the manner of performance set forth in this Agreement. 20. NOTICE Notices, other than applications for payment, shall be given in writing to the persons named below: TO PROFESSIONAL; Center for Justice Social Work Kaitlyn Goubeau, LICSW 848 N. Sunrise Blvd Unit A204 Camano Island, Washington 98282 21. ATTORNEYS FEES AND COSTS If any legal proceeding is brought for the enforcement of this Agreement, or because of a dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover from the other party, in addition to any other relief to which such party may be entitled, reasonable attorney's fees and other costs incurred in that action or proceeding. Page 10 of 11 PSA (Rev 2020.06.25) 22. WAIVER No officer, employee, agent or other individual acting on behalf of either party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be a waiver of any other subsequent breach or nonperformance. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 23. JURISDICTION AND VENUE This Agreement has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this Agreement shall be governed by laws of the State of Washington, both as to interpretation and performance. Any action of law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provisions thereof, shall be instituted and maintained only in any of the courts of competent jurisdiction in Snohomish County, Washington. 24. SEVERABILITY 24.1 If, for any reason, any part, term or provision of this Agreement is held by a court of the United States to be illegal, void or unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. 24.2 If it should appear that any provision hereof is in conflict with any statutory provision of the State of Washington, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform to such statutory provisions. 25. ENTIRE AGREEMENT The parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. Further, any modification of this Agreement shall be in writing and signed by both parties. Failure to comply with any of the provisions stated herein shall constitute material breach of contract and cause for termination. Both parties recognize time is of the essence in the performance of the provisions of this Agreement. It is also agreed by the parties that the forgiveness of the nonperformance of any provision of this Agreement does not constitute a waiver of the provisions of this Agreement. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first hereinabove written. Page 11 of 11 PSA (Rev 2020.06.25) CITY: PROFESSIONAL: CITY OF ARLINGTON Center for Justice Social Work __________________________________ Barbara Tolbert, Mayor Kaitlyn Goubeau, LICSW 1 Washington State Health Care Authority Description of Services HCA Contract #KXXX EXHIBIT A Mobile Integrated Health Services Statement of Work The Contractor must provide the services and staff, and otherwise do all things necessary for or incidental to the performance of work in the region (city, county, or counties), as set forth herein. Purpose: This Contract is for the purpose of providing funding for the creation of a two-year concept project titled Mobile Integrated Health (MIH). This project will be operated in the City of Arlington, WA in cooperation with the North County Regional Fire Authority (NCRFA) as an effort to decrease unnecessary emergency department visits and repeat hospitalizations, to reduce unnecessary calls to 911 for police or emergency medical response, and to provide mobile integrated health services for residents who cannot navigate resources through typical means, thereby preventing homelessness and premature death. This program will contract with a master’s level social worker to manage six interns, who will provide services in the field. The Program Coordinator will provide clinical oversight, training, and case management for the interns. All interns will be second year Master of Social Work students at regional schools. They will provide brief therapeutic intervention, biopsychosocial assessment and referral, and community care coordination A behavioral health crisis is defined as a turning point in the course of anything decisive or critical, a time, a stage or an event or a time of great danger or trouble whose outcome decides whether possible bad consequences will follow. Mobile crisis services are intended to stabilize the person in crisis, prevent further deterioration and provide immediate treatment and intervention in a location best suited to meet the of the individual and in the least restrictive environment available. The development and oversight of this service falls to the City of Arlington under the guidance of its Mayor and a master’s prepared social worker who will supervise the hired interns. All services provided will work to promote and enlist coordinated cooperation from a multitude of community services including the medical services, crisis stabilization / crisis triage facilities, mobile crisis interventionist, fire and emergence medical services (EMS), law enforcement and other first responders as needed. Program Overview: These services are intended to provide an individual with a better chance of maintaining stability in the community, avoiding arrest, re-arrest, hospitalization, or involuntary detainment. This agreement includes expanding existing services that are provided through traditional Mobile Crisis Response in a targeted effort of offering least restrictive, trauma free alternatives. The Contractor will recognize that clients of the program will be any individual or family who needs support after a crisis, accident, hospital discharge or other scenario. 2 Washington State Health Care Authority Description of Services HCA Contract #KXXX The MIH team will be accessed by referral only, and only from existing programs, including Arlington Fire Department, Arlington Police Department, the Arlington Domestic Violence Coordinator, Arlington’s Code Enforcement Officer, Northwest Incident Support (NWIS) and NCRFA The MIH program will augment the services currently provided by Northwest Incident Support (NWIS). They excel in on-scene trauma and grief support, walking families through end-of-life care situations, and connecting with families and children following homicide, suicide, severe trauma, and other challenging situations. Definitions • Diversion means services provided to a person prevented them from ending up in jail due to behavior resulting from their behavioral health challenges, were involuntarily hospitalized due to their behavioral health challenges, or needing to go to an emergency department (ED) for services in resolving their crisis. A diversion still counts if a person is referred by the MIH team to an ED for medical clearance as required for referral to the next step in care. Statement of work 1 Contractor shall hire staff as described in the purpose section. The Contractor will develop a referral process detailing when and how to contact the MIH program, and how it will define their scope of work. The scope of work for the program coordinator will include the following: 1.1 The Program Coordinator will write policies and procedures for providing services including: 1.1.1 clinical oversight 1.1.2 triage and case management (suggest case load 20-25 per intern) 1.1.3 “Warm hand off” at crisis in the field to assigned intern for longer term care 1.1.4 referral process for accessing the Mobile Integrated Health Program 1.1.5 Exclusionary from this program will only come after deliberating clinical review and written justification. If an individual is excluded, they will have the opportunity to appeal that decision. 1.1.6 When and how to refer clients to other community resources 1.1.7 training on the existing client management records system called Field Med. 1.1.8 Opportunity for cross training between programs. 2 Contractor shall ensure services are provided that address the needs of the person in crisis, prevent further deterioration and provide immediate treatment and intervention in a location best suited to meet the needs of the individual and in the least restrictive environment available: 2.1 Crisis services shall be available on a 24-hour, seven days a week basis. 2.2 Crisis services may be provided prior to completion of an intake evaluation. 2.3 Services are provided by or under the supervision of a Master Level Social Worker (LICSW) Mental Health Professional (MHP). 3 Washington State Health Care Authority Description of Services HCA Contract #KXXX 3 Contractor will provide community outreach and education focusing on creating public awareness of the MIH services in the form of outreach materials and community engagement strategies providing instruction on how to request services. These will commence within 90 days from the start of the contract 4 Contractor shall maintain all required metrics and documentation for reporting. Reports are due based on the deliverable table in X.X. The requirements for each report are listed below: 4.1 Contractor shall submit a startup report that will consist of a200-300-word narrative and implementation plan addressing the following items: 4.1.1 How contractor will provide service citywide, reporting numbers served, and location of where service was rendered. Assessment as to how the MIH services will meet the city of Arlington needs and priorities which are unique to the city. 4.1.2 How to address the urban and rural needs of the city, considering the need for timely response throughout the entire city by providing the proper level of care. 4.1.3 How services will be available on a twenty-four (24) hour, seven (7) day per week basis that may be accessed without full completion of intake evaluations and/or other screening and assessment processes. 4.1.4 How contract will enhance reporting capability to gather data on response times, referral source, and outcome for all crisis services. 4.1.5 How contractor will provide communication outreach with the following entities by providing both educational and outreach materials, webinars, and presentations of services: 4.1.5.1 Crisis teams 4.1.5.2 Behavioral health providers 4.1.5.3 Law enforcement agencies 4.1.5.4 Emergency departments 4.1.5.5 Crisis settings 4.1.5.6 Tribes 4.1.5.7 Department of Social and Health Services administrations and other social 4.1.5.8 Behavioral Health service providers 4.1.5.9 First responders and ambulance companies 4.1.5.10 Community townhalls 4.2 Quarterly reports shall consist of the following elements: 4.2.1 List of staff hired and their credentials 4.2.2 Number of services provided 4.2.3 Number of service call abandoned 4.2.4 Number of services that resulted in diversion from hospital or jail 4.2.5 Number of services that were too acute for diversion 4.2.6 100–200-word narrative on success, barriers, lessons learned, and possible change that resulted from lessons learned. 4.3 Yearly reports shall consist of the following: 4.3.1 Yearly counts for the data elements outlined in 4.2 4.3.2 A 500–600-word narrative on how the elements in the startup report in 4.1 were achieved. 4 Washington State Health Care Authority Description of Services HCA Contract #KXXX 4.3.3 A 200–300-word narrative on how the program is meeting its objectives. 5 Funding: Up to $375,000 for each SFY 22 and SFY23 for a total of $750,000 over the biennium will be provided to the city of Arlington for the purpose of funding their Mobile Integrated Health team response services using General Fund-State dollars. Contractors will be provided an A-19 template to use the element/sub-element categories contained in the template when accounting for expenditures. The goal of this project will continue the work of the joint city and fire authority Community Resource Paramedic program and will complement it with a social work program so that we may offer physical, social and behavioral services to Arlington’s citizens and residents of NCRFA’s service area who cannot navigate resources through typical methods. 6 Consideration. Total consideration payable to Contractor for satisfactory performance of the work under this Contract is up to a maximum of $750,000.00 including all expenses and shall be based on upon receipt and acceptance of reports and documents established in the Performance and Payment Chart, below. If performance does not meet that required under the Performance and Payment Chart, payment may be earned after receipt and approval by the DBHR Contract Manager of a corrective action plan that clearly and satisfactorily describes how and when performance will be met. 7 Deliverable and Payment Chart: Funds provided cannot be carried over from one state fiscal year to the other. Deliverables and Performance Metric Metric program detailing the anticipated start date, hiring completed, and how startup funds were spent. timeliness of report and the program is meeting its objectives. execution of the contract. 2021, through October 31, 2021, with all the elements outlined section 1.1 timeliness of report and the program is meeting its objectives. 2021, through December 31, 2021, with all the elements outlined section 1.1 timeliness of report and the program is meeting its objectives. 2022, to March 31, 2022, with all the elements outlined section 1.1 timeliness of report and the program is meeting its objectives. 5 Washington State Health Care Authority Description of Services HCA Contract #KXXX 5 Quarterly report for April 1, 2022, to June 30, 2022, with all the elements outlined section 1.1 timeliness of report and the program is meeting its FY2022 as outlined in section 1.2 timeliness of report. Meets requirements in 1.1 to September 30, 2022, with all the elements outlined section 1.1 timeliness of report and the program is meeting its objectives. 2022 to December 31, 2022, with all the elements outlined section 1.1 timeliness of report and the program is meeting its objectives. 2023 to March 31, 2023, with all the elements outlined section 1.1 timeliness of report and the program is meeting its objectives. to June 30, 2023, with all the elements outlined section 1.1 timeliness of report and the program is meeting its objectives. FY2023 as outlined in section 1.2 timeliness of report. Meets City of Arlington Council Agenda Bill Item: NB #3 Attachment C COUNCIL MEETING DATE: September 7, 2021 SUBJECT: Selection of Mayor Pro Tem ATTACHMENTS: None DEPARTMENT OF ORIGIN Administration; Paul Ellis, City Administrator 360-403-4603 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Council member Jesica Stickles served as Mayor Pro Tem from January 2020 to August 31, 2021. She resigned September 1, 2021, leaving a vacancy for Mayor Pro Tem. This selection by Council is for a Mayor Pro Tem to serve until the second meeting in January 2022, when the two year selection for Mayor Pro Tem will be made. HISTORY: The City Council is to select a Mayor Pro Tem every two years. The Council Rules of Procedure state as follows: Selecting Mayor Pro Tem and Alternate Mayor Pro Tem: The Mayor Pro Tem will be selected by a majority vote of the Council members at the second meeting in January in even years or when there is a vacancy. In selecting the Mayor Pro Tem, the Council will be guided by the following principles: • To preserve continuity in the office, the Mayor Pro Tem shall generally serve for a term of two (2) years. • The Mayor Pro Tem should have served as a Council member for at least two (2) years before appointment to the office of Mayor Pro Tem. • In general, the appointment of Mayor Pro Tem will be to the eligible Council member who has served the longest in office. The Alternate Mayor Pro Tem will be the Council member who most recently served as Mayor Pro Tem. ALTERNATIVES RECOMMENDED MOTION: I move to select Council member _________________ as the City’s Mayor Pro Tem, to serve until the January 18, 2022 Council meeting.