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HomeMy WebLinkAboutCAG2021-547 - Original - King County Dept. of Community & Human Services - Diversion & Reentry services and Data Sharing - 01/01/2021ApprovalOriginator:Department: Date Sent:Date Required: Mayor or Designee Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingDate Received: City Attorney: Comments: Date Routed: Mayor’s Office City Clerk’s OfficeAgreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Local Business? Yes No* Business License Verification: If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Yes In-Process Exempt (KCC 5.01.045) Notice required prior to disclosure? Yes No Contract Number: This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY Agreement Routing Form For Approvals, Signatures and Records Management (Optional) Basis for Selection of Contractor: * Memo to Mayor must be attached Termination Date: Authorized to Sign: MEMORANDUM OF AGREEMENT between the KING COUNTY DEPARTMENT OF COMMUNITY AND HUMAN SERVICES and the CITY OF KENT POLICE DEPARTMENT for DIVERSION AND REENTRY SERVICES and DATA SHARING 2021-2024 The following agreement is entered into between the King County Department of Community and Human Services (DCHS) and the City of Kent (the City) effective January 1, 2021, through December 31, 2024, unless terminated by either party. This agreement covers: A. Relationships and operational agreements for purposes of providing reentry and diversion services to inmate-clients with co-occurring mental health and substance use disorders being released from the Kent Jail. B. Data sharing agreements and data governance for purposes of criminal justice related program evaluation, public health surveillance, and population-level analyses. I. PURPOSE The purpose of this Agreement is to: A. Develop and implement joint initiatives and improve the coordination of services mutually funded or administered by the City and DCHS (collectively known as the Parties). B. Support continued effective partnership between the Parties, to the benefit of King County residents, by utilizing the expertise of each Party in implementing the activities of the MIDD II Behavioral Health Sales Tax Fund and other specialized activities. The Adopted MIDD Policy Goals (Ordinance 18407) are as follows: 1. Divert individuals with behavioral health needs from costly interventions, such as jail, emergency rooms, and hospitals. 2. Reduce the number, length, and frequency of behavioral health crisis events. 3. Increase culturally-appropriate, trauma-informed behavioral health services. 4. Improve health and wellness of individuals living with behavioral health conditions. 5. Explicit linkage with, and furthering the work of, King County and community initiatives. C. Maximize services and resources of both Departments for the benefit of the individual served and the community through culturally competent and trauma-informed approaches. D. Document data collection and reporting requirements as well as shared principles that inform the initiatives, activities, and services mutually funded or administered by DCHS and the City. II. INTENT TO COOPERATE IN PLANNING ACTIVITIES AND PROGRAM IMPLEMENTATION Both Parties agree to cooperate in planning and coordinating the applicable diversion and reentry activities pursuant to the MIDD II Behavioral Health Sales Tax Fund Plan and other specialized activities. This includes but is not limited to: A. Jail reentry system of care/reentry services (MIDD II Initiative RR-06) B. Jail-based substance use disorder (SUD) assessments C. Coordination of publicly-funded benefits with Department of Social and Health Services (DSHS) III. INDEMNIFICATION AND HOLD HARMLESS AGREEMENT Each Party agrees to defend, indemnify and hold the other harmless, only to the extent that liability is created by the negligent acts or omissions of the indemnifying Party in the performance of said Party’s obligations under this Agreement or the exercise of that Party’s rights and privileges under this Agreement. This indemnity obligation extends to liability created by the acts or omissions of each of the Parties’ respective officials, agents, and employees. The liability contemplated includes any and all claims, damages, injuries, liabilities, actions, fines, penalties, costs and expenses (including reasonable attorney fees). In the event any such liability arises from the concurrent negligence of both Parties, each Party’s indemnity obligation under this section is limited to the extent of the negligence of the indemnifying party and its actors. The foregoing provisions specifically and expressly intend to constitute a waiver of each party’s immunity under industrial insurance, Title 51 RCW, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor’s employees. This waiver has been mutually negotiated. IV. INSURANCE Each party shall obtain and maintain, at its sole cost and expense, the minimum insurance set forth below or, alternatively, maintain a fully-funded self-insurance program for the protection and handling of its liabilities, including injuries to persons and damage to property. Any deductible or self-insured retention of the policies shall be the sole responsibility of the policyholder. 1. Commercial General Liability insurance with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate. Each party shall include the other party as additional insured. 2. Cyber Liability / Technology Errors & Omissions insurance with minimum limits of $1,000,000 per claim or occurrence and in the aggregate. Coverage shall include loss resulting from data security/privacy breach, or other unauthorized access or related violations including identify fraud and privacy law violations, denial of service attacks, introduction of virus and malicious code, extortion, dissemination or destruction of electronic data, business interruption, privacy law violations, disclosure of non-public personal or confidential information, identity fraud, loss of income due to system crashes, breach of contract, and acts by rogue employees. Coverage shall include notification and other expenses incurred in remedying a privacy breach as well as costs to investigate and restore data. 3. Professional Liability / Errors & Omissions with minimum limits of $1,000,000 per claim and in the aggregate. 4. Worker’s Compensation: Statutory requirements of the state of residency. 5. Employer’s Liability or “Stop Gap” with minimum limits of $1,000,000 each occurrence. V. TERMINATION Either party may terminate this Agreement at a date prior to the date specified in this Agreement, by giving 30 days written notice to the other party. VI. AMENDMENTS Either party may request changes to this Agreement. Proposed changes that are mutually agreed upon shall be incorporated by written amendments to this Agreement. VII. ENTIRE AGREEMENT This Agreement, including any amendments attached hereto, sets forth the entire relationship of the parties to the subject matter hereof, and any other agreement, representation, or understanding, verbal or otherwise, dealing in any manner with the subject matter of this Agreement is hereby deemed to be null and void and of no force and effect whatsoever. IN WITNESS HERETO, the City and the King County Department of Community and Human Services have executed this Agreement as of the dates written below: KING COUNTY CITY OF KENT _________________________ __________________________ _________________________ __________________________ ADDENDUM A DATA SHARING AGREEMENT FOR CRIMINAL JUSTICE RELATED PROGRAM EVALUATIONS Per mutual agreement, the King County Department of Community and Human Services (DCHS) will receive from the Kent Police Department (the City) electronic extracts of inmate data from the Kent Correctional Facility to support the evaluation of programs for which criminal justice outcomes are reported. The use of the data will conform to the provisions described below. This Addendum shall be reviewed biennially for effectiveness, efficiency, and success in meeting the stated purpose. I. DATA TRANSFER PROCESSES Batch data will be formatted in spreadsheets and transferred from the City to DCHS via secure encrypted email. A. Frequency of Data Transfer The City will submit extracts of electronic data to DCHS on a quarterly basis, no more than 20 days following the end of the quarter prior (e.g., April 20 th for the quarter January through March), for the life of this agreement or until evaluation activities have concluded. Historical extracts of electronic data may be requested as well for the evaluation of programs/initiatives listed in Section IV below. II. DATA SECURITY AND CONFIDENTIALITY Data files submitted by the City will be stored on a secure server administered by DCHS. Data files will be processed and loaded into the main BHRD database, the Health and Human Services analytic workspace, and the Integrated Data Hub. These databases are secured according to federal Health Information Portability and Accountability Act (HIPAA) regulations. All users with access to these databases are required to complete HIPAA training and sign an oath of confidentiality. Access to the databases and secure server is restricted by password protection and folder permissions. Access to the data is limited to the King County Department of Information Technology (KCIT), DCHS staff and Public Health-Seattle & King County staff (hereafter referred to as “the County”) directly involved with processing the quarterly data file or conducting analyses and evaluating programs and initiatives described in Section IV. A. Special Consideration of Social Security Numbers Data provided by the City shall include social security numbers. The County assures that the social security numbers released shall be treated as confidential information that will only be used for the purposes specified in Section IV. The County will not disclose, publish, or otherwise reveal any of the social security numbers to any other party whatsoever except with the specific prior written authorization of the City and will take best efforts and precautions to prevent and protect the confidential numbers from disclosure to any person other than County employees. III. DATA DESTRUCTION Data shall be maintained for the life of the agreement. Upon completion of all applicable program evaluations and surveillance activities, or at the request of the City, all data will be destroyed. IV. USE OF DATA Inmate data will be used by DCHS and Public Health-Seattle & King County to evaluate criminal justice outcomes for participants in projects and programs, to inform the delivery and prioritization of services and programs, and to conduct general public health surveillance activities and population-level analyses. Data received by the County from the City will: 1. Support the evaluation of the following programs/initiatives: A. Diversion and Reentry Services, B. Veterans, Seniors and Human Services Levy, C. Mental Illness and Drug Dependency Plan, D. Youth and Family Homelessness Prevention Initiative, E. Best Starts for Kids, F. Employment and Education Resources, and G. Familiar Faces Initiative. 2. Evaluate housing stability, community tenure, criminal justice and other relevant outcomes for program participants. 3. Prioritize homeless clients for housing placement based in part on jail and service utilization. 4. Conduct general public health surveillance activities and population-level analyses. The data will be used for no other purpose than that specifically described above without prior approval from the City. Further, if the data are to be used for research purposes, approval from a relevant Institutional Review Board will be provided to the City. V. NON-DISCLOSURE The County will not disclose or report any information in a form that identifies an individual in evaluation reports. DCHS is permitted to share individually identified data used within the context of prioritization of services with individuals responsible for service delivery. DCHS will not secondarily disseminate any of the data supplied and received pursuant to this agreement without prior approval from the City. The County recognizes that inmate records are provided by the City pursuant to RCW 70.48.100(3) and notwithstanding Section III of the Agreement any unlawful secondary dissemination of such records will be the sole responsibility of the County. VI. CITY OF KENT MONITORING The County understands that the City reserves the right to monitor or audit how DCHS is using the City data. The City shall provide at least five (5) business days’ notice of any such monitoring or audit activity. Any such monitoring or audit must occur during normal DCHS operating hours. VII. DATA ELEMENTS The following minimum data elements shall be submitted to the DCHS unless otherwise agreed upon between DCHS and the City: Data Element Description First Name First name Middle Name Middle name or initial Last Name Last name DOB Birth date SSN Social Security Number Booking Number Booking number Booking Date Date individual was booked in jail Release Date Date individual will be released from jail Charge Charge statute description ADDENDUM B CITY OF KENT POLICE DEPARTMENT JAIL REENTRY SYSTEM OF CARE/REENTRY SERVICES I. SUBJECT The City shall make referrals of eligible adult individuals to Reentry Services program developed and monitored by the DCHS Diversion and Reentry Services section (DRS). The program described in this addendum is provided in accordance with the MIDD II Behavioral Health Sales Tax Fund Plan, specifically pertaining to Recovery and Reentry Initiative – 06 (RR-06). This addendum will be in effect for the period of Jan 1, 2021 ongoing contingent on continued funding availability. II. PURPOSE AND ELIGIBILITY A. Goals 1. To increase access to intensive, short-term culturally responsive and trauma- informed case management for individuals with mental health and/or substance use disorders who are close to release/discharge and in need of assistance in reintegrating back into the community. 2. To reduce the number of individuals who cycle through King County’s jails and increase connection to supportive, community-based services with the ultimate aim of reduced recidivism. B. Objectives 1. To ensure that active engagement of eligible individuals and comprehensive discharge planning begins during incarceration and continues after release. 2. To contribute to equity and social justice through the decriminalization of individuals with mental health and substance use disorders who are not a threat to public safety and the reduction of racial disparities in incarceration. C. Eligibility 1. Eligibility for referral to the Reentry Services program includes adult Medicaid and non-Medicaid recipients who: a. Are being released from custody at the Kent Correctional Facility; b. Have a behavioral health condition that interferes with age-appropriate social and role functioning; c. Are residents of King County or are homeless; and d. Agree to participate in the program. D. Definitions 1. Behavioral health condition: Mental health or substance-used related signs and symptoms which are ongoing and interferes with the activities of daily life, or a psychiatric and/or substance use disorder as defined by the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-V) or revised. Formal diagnosis is not required for program referral or enrollment. III. GENERAL PROGRAM REQUIREMENTS A. DCHS and City shall conduct services in accordance with state and federal confidentiality requirements including 42 CFR Part 2, 45 CFR Health Insurance Portability and Accountability Act (HIPAA) Parts 160 and 164. B. The County and City shall be solely responsible for compliance with generally accepted professional and ethical standards for the services each performs, and for the quality of the services each performs. All duties performed by DCHS and City shall be consistent with the applicable requirements of all formal bodies, governmental or otherwise, to which DCHS or City and its clinicians are subject with respect to licensing, certification, registration, and/or accreditation. IV. SCOPE OF WORK A. The City shall: Assist in identifying eligible and appropriate individuals in-custody for referral to Reentry Services for a coordinated transition to the community. B. DCHS shall: 1. Ensure the provision of Reentry Services, including transportation to the service site from the Kent Correctional Facility or contracted facilities for eligible individuals being released from custody by contracted Reentry Services provider; 2. Analyze data and evaluate program and client outcomes; and 3. Ensure its contractors: a. Coordinate with the City and share information as needed and permitted; b. Submit participant data electronically and/or via hard copy to DCHS. V. REPORTING AND EVALUATION REQUIREMENTS A. MIDD Evaluation and PME Plan 1. Collaboration by the City in MIDD evaluation activities is limited to data submitted electronically to DCHS via secure file transfer processes outlined in Addendum A (Data Sharing Agreement), unless otherwise mutually agreed upon and documented in Performance Measurement and Evaluation (PME) Plans (provided separately). 2. If the City and DCHS determine a PME Plan is needed to fulfill the aims of the MIDD evaluation, the City will work with DCHS evaluators and BHRD program managers to identify the program-specific data elements, performance targets and metrics, and appropriate data transmission methods, which will be detailed in the PME Plan. 3. If subcontractors are fulfilling any or all of the activities outlined in the PME Plan, the City shall be responsible for coordinating and combining the subcontractors’ data and submitting it to DCHS. However, the City’s and/or their subcontractors’ failure to meet any specific performance targets or other metrics outlined in the PME Plans shall not constitute a breach of this Agreement or any individual addendum. B. Additional Data Submission 1. In addition to participant data submitted in accordance with the PME Plan, the City shall provide Kent Correctional Facility and SCORE (as applicable) booking data for evaluation purposes as detailed in Addendum A (Data Sharing Agreement). ADDENDUM C CITY OF KENT POLICE DEPARTMENT IN-CUSTODY SUBSTANCE USE DISORDER (SUD) ASSESSMENT SERVICES I. SUBJECT The City of Kent shall make referrals of eligible King County residents incarcerated at the Kent Correctional Facility to SUD assessment services developed and monitored by the DCHS Diversion and Reentry Services (DRS) section. This addendum will be in effect for the period of January 1, 2021, and ongoing contingent on continued funding availability. II. PURPOSE AND ELIGIBILITY A. Goals To facilitate access to SUD treatment for adult residents of King County, who are transitioning to the community upon release from Kent Correctional Facility. B. Objectives 1. To provide SUD assessment services to adult inmate-clients referred from Kent Correctional Facility for the purposes of treatment placement upon release. 2. To partner with criminal legal and reentry partners to arrange for release from jail custody and transportation to inpatient or residential SUD treatment upon release from jail custody. C. Eligibility King County residents incarcerated at Kent Correctional Facility, who are determined to be financially and clinically eligible (i.e., eligible for publicly funded services and have a SUD) upon release from custody, and meet one of the following: 1. are within 45 days of release from jail custody, or 2. for whom all criminal legal parties have agreed to consider release to treatment. III. GENERAL PROGRAM REQUIREMENTS A. DCHS and City shall conduct services in accordance with state and federal confidentiality requirements including 42 CFR Part 2, 45 CFR Health Insurance Portability and Accountability Act (HIPAA) Parts 160 and 164. B. The County and City shall be solely responsible for compliance with generally accepted professional and ethical standards for the services each performs, and for the quality of the services each performs. All duties performed by DCHS and City shall be consistent with the applicable requirements of all formal bodies, governmental or otherwise, to which DCHS or City and its clinicians are subject with respect to licensing, certification, registration, and/or accreditation. IV. SCOPE OF WORK A. The City shall: 1. Assist in identifying eligible and appropriate individuals in jail custody for referral to SUD assessment services. 2. Provide medications prescribed to incarcerated individuals at the Kent Correctional Facility for the purposes of relieving psychiatric symptoms, including medications to ameliorate the side effects of psychotropic medication; 3. Provide the following steps for the purposes of determining need and providing psychiatric medication services as appropriate and when clinically indicated: a. Psychiatric evaluations of individuals exhibiting MH symptoms can be completed when possible, or noted for referral when no documented history of previous evaluation by other provider is indicated. The City of Kent is not required by contract to conduct evaluations. b. Provide medications in custody for the purposes of relieving psychiatric symptoms including medications to ameliorate the effects of psychotropic medication; c. Provide via hard copy, fax or electronic documentation a 30-day script for medications per jail medical provider guidelines; d. Provide a minimum of a 3- to 5-day supply of psychiatric medications (to include medications for opioid use disorder as appropriate) at release under the following conditions: i. Medications came with the inmate upon booking or were provided after booking; and ii. The jail medical provider is given a minimum of three business days’ notification prior to the individual’s release. Medications may be given with less than three business days’ notification at the discretion of the City or jail medical provider. iii. Provision of a 3- to 5-day supply of medications with overdose potential or illicit street value will be determined at the discretion of the jail’s medical provider. 4. Provide inmate-client information to the DCHS SUD assessor upon request, provided that the inmate has signed an authorization naming DCHS as an authorized recipient of SUD data; 5. Retain complete responsibility for and control of its practice and the practice of jail medical and service providers under its employ or contract and be responsible for all acts and decisions in connection therewith. B. DCHS shall: 1. Provide a SUD assessor who conducts substance use disorder assessments for all municipal jails in King County (including the South Correctional Entity, SCORE) and arranges for release and treatment placement of eligible and amenable individuals upon release; 2. Ensure that all records containing confidential and protected health information are locked and secured when not in use.