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HomeMy WebLinkAboutResolution 2017-0047CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 47 Series of 2017 TITLE: A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING CONCERNING WITHDRAWAL MANAGEMENT SERVICES BY AND BETWEEN JEFFERSON CENTER FOR MENTAL HEALTH, JEFFERSON COUNTY AND THE CITIES OF ARVADA, EDGEWATER, GOLDEN, LAKEWOOD, WHEAT RIDGE AND WESTMINSTER WHEREAS, each participating Local Government Member, as defined in the MOU, independently possesses the power and authority to ensure the health, safety and welfare of its residents; and WHEREAS, for many, the Local Government Members have each depended upon Arapahoe House, an Intoxication and Withdrawal Management Services Facility located at 4643 Wadsworth Boulevard, Wheat Ridge, Colorado, as the local provider of such services to residents of the Local Government Members; and WHEREAS, Arapahoe House ceased providing Intoxication and Withdrawal Management Services on June 30, 2017; and WHEREAS, the Local Government Members have decided it would be in the best interest of their residents for the Intoxication and Withdrawal Management Services to continue into the foreseeable future; and WHEREAS, Jefferson Center for Mental Health (JCMH) has agreed to provide the Intoxication and Withdrawal Management Services at the existing Wheat Ridge, Colorado location; and WHEREAS, the Parties agree that each Local Government Member should contribute to funding the Intoxication and Withdrawal Management Services on an ongoing basis, as it continues to be in the best interest of health, safety and welfare of their residents to administer the Services; and WHEREAS, the Parties desire to establish this MOU to provide funding to JCMH, for continuation of the Intoxication and Withdrawal Management Services; and WHEREAS, establishment of this MOU will serve a public purpose and will promote the health, safety and general welfare of inhabitants in and around Jefferson County. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: The Memorandum of Understanding concerning Withdrawal Management Services is hereby approved. The Mayor and City Clerk are authorized to execute the same. DONE AND RESOLVED this 11 1hday of December 2017. (JJ~ Bud Starker, Mayor ATTEST: 2 MEMORANDUM OF UNDERSTANDING CONCERNING WITHDRAW AL MANAGEMENT SERVICES THIS MEMORANDUM OF UNDERSTANDING ("MOU), dated '----~~~~~~~~~~ , is made by and between the following Parties (each, individually, a "Party"): A. Jefferson Center for Mental Health, a not-for-profit community mental health organization serving Jefferson, Clear Creek and Gilpin counties ("JCMH"); B. The County of Jefferson, State of Colorado, a body politic and corporate (the "County") ; C. The City of Arvada, a municipal corporation ("Arvada"); D. The City of Edgewater, a municipal corporation ("Edgewater"); E. The City of Golden, a municipal corporation ("Golden"); F. The City of Lakewood, a municipal corporation ("Lakewood"); G. The City of Wheat Ridge, a municipal corporation ("Wheat Ridge"); and H. The City of Westminster, a municipal corporation ("Westminster"). RECITALS A. Each participating Local Government Member, as defined herein, independently possesses the power and authority to ensure the health, safety and welfare of its residents. B. For many years, the Local Government Members have each depended upon Arapahoe House, an Intoxication and Withdrawal Management Services Facility located at 4643 Wadsworth Boulevard, Wheat Ridge, Colorado, as the local provider of such services to residents of the Local Government Members. C. Arapahoe House ceased providing Intoxication and Withdrawal Management Services on June 30, 2017. D. The Local Government Members have decided it would be in the best interest of their residents for the Intoxication and Withdrawal Management Services to continue into the foreseeable future. E. JCMH has agreed to provide the Intoxication and Withdrawal Management Services at the existing Wheat Ridge, Colorado location. F. The Parties agree that each Local Government Member should contribute to funding . the Intoxication and Withdrawal Management Services on an ongoing basis, as it continues to be in the best interest of health, safety and welfare of their residents to administer the Services. G. The Parties desire to establish this MOU to provide funding to JCMH, for continuation of the Intoxication and Withdrawal Management Services. -1- H. Establishment of this MOU will serve a public purpose and will promote the health, safety and general welfare of inhabitants in and around Jefferson County. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the Parties as follows: I. DEFINITIONS: As used in this MOU, the following terms are defined. A. Facility shall mean the building and other appurtenances located at 4643 Wadsworth Boulevard, Wheat Ridge, Colorado, at which the Intoxication and Withdrawal Management Services are and will be provided. B. Fiscal year shall mean the calendar year, beginning with January 1 and ending with December 31. C. Intoxication and Withdrawal Management Services, or Services shall mean the following organized services, provided in an urgent care setting to both men and women in a clinically-managed, social model, detoxification facility, delivered by appropriately trained and certified staff who provide a 24-hour, 7-day-per-week supervision, observation, and support for patients who are intoxicated or experiencing withdrawal, where the intoxication or withdrawal signs and symptoms are sufficiently severe to require 24-hour structure and support: 1. Intoxication management 2. Withdrawal management 3. Assessment of patients 4. Brief interventions for substance use disorders 5. Administration ofNaloxone/Narcan for opiate overdose reversal 6. Case management, including outreach 7. Coordination of care with aftercare providers 8. Assistance to law enforcement in maintaining public safety by placement of these individuals in a secure environment 9. Any additional services that are ancillary to the Services expressly identified herein and not otherwise in contradiction with this MOU 10. Any additional Services that are authorized in writing by all of the Local Government Members D. Intoxication Management shall mean managing intoxicated individuals until they are sober. E. Local Government Member shall mean Jefferson County and the municipalities participating in this MOU. F. Medical Screening Required Form shall mean a set of defined questions that assist in making appropriate admission decisions regarding referrals for American Society of Addiction Medicine level of care, 111.2 non-medical social detox. -2- G. Police Referral Screening Tool shall mean a set of defined brief screening questions to initially determine if patient meets referrals for American Society of Addiction Medicine level of care, 111.2 non-medical social detox. II. OBLIGATIONS OF JCMH: A. General Obligations and Standards of Care. 1. JCMH shall establish and maintain access to quality care in its provision of the Services. 2. JCMH shall facilitate engagement in treatment of individuals entering the detoxification unit who have substance use disorder conditions, including those with severe substance use disorder. 3. JCMH shall prioritize improving health outcomes for individuals and the community. JCMH will use all appropriate opportunities to provide immediate harm reduction, and decrease undesirable utilization of emergency services. Ideally, the Services will include comprehensive community-based case management targeted at reducing harm and producing incremental improvement of overall health. B. Facility Location. JCMH shall continue to operate the Facility at the Wheat Ridge, Colorado location and/or such additional or alternate locations as agreed by the Parties. JCMH shall provide a copy of the applicable lease agreement or purchase contract to any Local Government Member upon written request. C. Intake and Screening. The Parties agree to implement preadmission and admission protocols, as set forth hereto as "Exhibit B," which is incorporated by this reference. D. Reporting Requirements. 1. Quarterly Report. JCMH shall compile data on the Services, and share that data with the Local Government Members on a quarterly basis, using the form attached hereto as "Exhibit A." 2. Annual Report. Annually, on or before January 1 of each calendar year, JCMH shall prepare and present to the Local Government Members a comprehensive written annual report of Facility activities, income and expenses. The annual report shall also be produced upon request of any Local Government Member. 3. Reports required by law, regulation or contract. JCMH shall prepare and present such reports as may be required by law, regulation, or contract to any authorized federal, state or local official to whom such report is required to be made in the course and operation of the Facility. 4. Additional Reports requested by Local Government Members. JCMH will render to the Local Government Members, at reasonable intervals, such reports and -3- accountings as the Local Government Members may from time to time request and as consented to by JCMH, which consent will not be unreasonably withheld. E. Qualitv Assurance. Upon request, JCMH will participate in quality assurance meetings with one or more Local Government Members, with each party determining the personnel most appropriate to participate. Issues to be addressed include, at minimum, systematic and case specific issues. JCMH will track outcome data specific to service expertise, and provide the Local Government Members with any available written reports on a quarterly and/or annual basis. Upon request, JCMH will participate in reviewing JCMH's clinical services documentation of the residents receiving Services from the MOU. JCMH will complete satisfaction and other surveys upon request from the Local Government Members. F. Independent Contractor Relationship. The relationship between JCMH and the Local Government Members shall be deemed as independent contractors. Neither JCMH, nor any employees of JCMH, are, or shall be deemed, employees of any of the Local Government Members, and JCMH shall be solely responsible for all benefits and Workers' Compensation Insurance coverages for all JCMH employees. G. Nondiscrimination. 1. Services. The Services, amenities and programs at the Facility shall be made available to all persons regardless of race, creed, sex, color, national origin or ancestry, religion, disability, age, sexual orientation, gender identity, military or veteran status, and any other basis prohibited by federal, state or local law. 2. Employment. JCMH shall not discriminate on the basis of race, creed, color, national origin or ancestry, religion, age, sex, sexual orientation, gender identity, disability, military or veteran status, or national origin against any employee or applicant with respect to: (i) hiring, upgrading, demotion or transfer; (ii) recruitment or recruitment advertising; (iii) layoff or termination; (iv) rates of pay or other forms of compensation; and (v) selection for training, including apprenticeship. H. Use by Others. It is the intention of the Parties that the Facility will serve the Local Government Members and their residents and visitors present in Jefferson County. To the extent other government entities refer residents to the Facility, JCMH is permitted to provide the Services to such individuals, provided the referring government entity fully pays for the cost of such individual services. The Local Government Members consent to JCMH setting and charging fees for Services provided directly to individual persons not referred by Local Government Members and all such fees shall be uniform within classes of service. The Local Government Members further consent to JCMH invoicing non-parties for services provided, and details of such invoices and data shall be included in the quarterly reports to the Local Government Members. I. Assignment. JCMH will not assign or otherwise transfer its obligations under this Agreement without prior written consent of each and every participating Local Government Member. -4- J. Compliance with Laws. JCMH shall comply with all federal, state and local laws, including all local zoning and licensing requirements. III. BUDGET AND FUNDING: A. Budget Process. JCMH shall prepare a preliminary budget and submit it on or before March 31 of each year to the Local Government Members for comment. The participating Local Government Members shall submit comments on or before April 30 of that year. A final budget shall be submitted to each of the Local Government Members no later than May 31 of each year. B. Annual Funding. 1. In consideration of the satisfactory performance of the Services, the Local Government Members shall pay JCMH $500,000 for each calendar year, m accordance with the following breakdown: a. Jefferson County will contribute $150,000. b. The remaining $350,000 shall be contributed pro rata based on the contributing Local Government Members population within Jefferson County, as shown in the table below. c. Local Government Members located partially within and partially without the territorial limits of Jefferson County, shall pay pro-rata based on the percentage in population of the Local Government Member that is located within Jefferson County. 2. The amounts to be contributed by each Local Government Member for the 2018 calendar year are set forth below in "Table l." 3. The amounts to be contributed shall be computed and agreed upon among the Local Government Members by July 1 for the following fiscal year. 4. Beginning with the 2019 calendar year, the payment contribution required from each Local Government Member shall be increased by the percentage of growth, as shown in the Denver-Boulder-Greeley consumer price index. 5. The population for each Local Government Member, as obtained from Denver Regional Council of Governments, as of the date of execution of this agreement, is set forth in "Table 1." The population of each Local Government Member will be revised, and amount to be contributed recalculated on an annual basis. TABLE 1 Local Government Member Population (within Percentage of $ Amount Jefferson County) Total Population Contributed Jefferson County --------$150,000 City of Arvada 110,295 30.6 $107,100 City of Edgewater 5,315 1.5 $5,250 City of Golden 20,096 5.6 $19,600 City of Lakewood 149,666 41.5 $145,250 City of Wheat Ridge 31,108 8.6 $30,100 City of Westminster 43,842 12.2 $42,700 -5- C. Contributions of Non-Participating Local Governments. It is the intention that JCMH will serve the participating Local Government Members and their residents. To the extent other non-participating local governments refer residents to the Facility, JCMH is permitted to do so, provided the referring local government entity fully pays for the cost of such individual services rendered. JCMH will invoice non-parties for services, and details of such invoices and data should be included in the quarterly reports to the Local Government Members. D. Contributions of New Parties. In the event any new government entity subsequently joins this MOU by agreeing in writing to the terms of this MOU, as amended, it shall be treated as a participating Local Government Member, and its share of the Annual Funding shall be computed, appropriated and paid pro rata, as set forth herein. Furthermore, if a new Local Government Member is added after January 1, it shall contribute the appropriate percentage of its pro rata share, based upon the percentage of months remaining in that calendar year. In the event that a new additional Local Government Member joins this MOU, the total Annual Funding amount shall remain the same, and each participating Local Government Member's contribution shall be recalculated and decreased by the amount of that new additional funding, on a pro rata basis. E. Additional Funding Sources. In addition to the contributions from the Local Government Members, JCMH will continue to obtain funding for the Services and Facility from the Colorado Office of Behavioral Health (via the Managed Service Organizations), Medicaid, hospital support, limited insurance, and client fees. Such funding will be reflected in the Annual Report, and in the Budget, as referenced in this MOU. If additional funding sources are obtained in any year, the total Local Government Member contributions will decrease by the amount of that additional funding, on a pro rata basis. F. Payment. 1. JCMH shall invoice the Local Government Members annually, but no earlier than January 31 of each year, in accordance with "Table l." JCMH shall prepare the invoices at its sole cost and shall include sufficient detail as determined by the Local Government Members to enable the Local Government Members to verify the appropriateness of the invoice. The Local Government Members shall pay each invoice within 30 calendar days of receipt of an approved invoice. 2. Incorrect payments to JCMH due to omission, error, fraud, or defalcation may be recovered from JCMH by deduction for subsequent payments due to JCMH under this MOU and other agreements between the Local Government Members and JCMH. 3. Address. Payments will be sent to JCMH at the following address: 70 Executive Center, 4851 Independence Street, Wheat Ridge, CO 80033-6715. -6- IV. INSURANCE AND LIABILITY: A. Insurance. JCMH shall obtain and maintain adequate liability insurance coverage to protect against any and all claims and liabilities which may arise due to the activities, duties and obligations conducted by JCMH at the Facility under this Agreement, including the work of any independent contractors, during the term of this MOU. The liability insurance policies shall be primary and non-contributory for such claims and shall not contain any "excess" or "other insurance" clauses which limit their primary coverages, shall name each of the Local Government Members as additional insureds, and shall contain a waiver of subrogation in favor of the Local Government Members. The liability policies shall not be terminated or cancelled without at least 60 days prior written notice to the Local Government Members. JCMH shall carry general liability, or combination of general liability and umbrella policies, and automobile liability insurance in accordance with the following stipulated limits: For Liability: For Automobile: $1,000,000 per Occurrence/$3,000,000 Aggregate Bodily Injury & Property Damage Combined Single Limit $1,000,000 Bodily Injury & Property Damage Combined Single Limit each Accident Workers' Compensation Insurance: JCMH shall provide Workers' Compensation and Employer's Liability insurance in conformance with all Colorado statutory limits for all persons employed by JCMH for the work to be performed under this MOU. Proof of Coverage: JCMH shall provide to the Local Government Members, upon request, all required insurance policies, Certificates of Insurance and/or any endorsements necessary to show that the insurance coverages required herein have been procured and are being maintained. Certificates of Insurance shall provide that the insurance shall not be cancelled or terminated during the term of this MOU, and that sixty (60) days' notice shall be given the Local Government Members prior to cancellation of policies. Indemnification of Local Government Members: JCMH hereby agrees to defend, release and indemnify each of the Local Government Members, and agrees to hold each of the Local Government Members and its representatives and agents harmless for and on account of any act or omission of the JCMH in the execution of its duties and obligations under this MOU as specified herein, and this indemnification shall extend to and include Bodily Injury, Property Damage or Personal Injury, including compensatory, economic, punitive or special damages suffered by any person or entity in connection with this MOU. JCMH agrees to defend each of the Local Government Members hereunder and indemnify each of the Local Government Members, to include all court costs and attorney's fees incurred in any defense required to be undertaken by the Local Government Members as a result of the actions of JCMH under this -7- MOU. Each of the Local Government Members, its officers and employees shall be added to JCMH's general liability policy as Additional Insured as its interests may appear. Notwithstanding the foregoing, nothing contained herein shall be deemed a waiver by the Local Government Members of any of the protections afforded them by the Colorado Governmental Immunity Act (C.R.S. §§ 24-10-101, et seq). V. BOOKS AND RECORDS: A. Recordkeeping. JCMH shall maintain adequate and correct accounts of its funds, properties, and business transactions as it relates to the Facility, which accounts shall be open to inspection at any reasonable time by the Local Government Members and their attorneys or agents. B. Annual Audit. JCMH shall conduct an annual audit after the end of each fiscal year. Such audit shall be conducted by one or more independent, certified public accountants, or registered accountants, or partnerships thereof, licensed to practice in the State of Colorado. JCMH shall tender a copy of each such audit to the Local Government Members, prior to January 1 of each year. VI. TERM, RENEW AL AND TERMINATION: A. Term and Renewal. This MOU shall be in full force and effect upon approval of all parties. This MOU shall automatically renew on January 1 of each calendar year, subject to the provisions of this Article. B. Termination of Party Participation by Written Notice. Any Party's participation in this MOU may be terminated effective by written notice from that Party to all other Parties at least 180 days prior to January 1 of any given year. Any Local Government Member terminating its participation pursuant to this provision shall not be entitled to any reimbursement of its contributions previously paid to JCMH. C. Termination of Local Government Member absent Required Notice. In the event any Local Government Member elects to terminate its participation in this MOU not in accordance with this Article, such Local Government Member shall be considered in default and shall forfeit its entire contribution to JCMH for that year. Upon default, the defaulting Local Government Member shall forfeit all privileges and property it obtained as a result of its participation in this MOU. Should a defaulting Local Government Member seek at some later date to participate again in this MOU, such Local Government Member shall be required to meet the requirements and contributions of any new Local Government Member seeking participation pursuant to the terms of this MOU. D. Termination of Local Government Member for Non-Appropriation. Should any Local Government Member fail to appropriate funds pursuant to its obligations set forth herein, such Local Government Member shall be considered in default and be treated the same as under Section C of this Article. -8- E. Survival. Notwithstanding anything herein to the contrary, the Parties understand and agree that all terms and conditions of this MOU that require continued performance or compliance beyond the termination or expiration of this MOU shall survive such termination or expiration and shall be enforceable against a Party if such Party fails to perform or comply with such a term or condition. VIII. GENERAL PROVISIONS: A. Conflict of Interest. JCMH shall not knowingly perform any act that would conflict in any manner with the performances of the Services. JCMH certifies that it is not engaged in any current project or business transaction, directly or indirectly, nor has it any interest, direct or indirect, with any person or business that might result in a conflict of interest in the performance of Services. B. Amendment. This MOU may be amended at any time in writing by the unanimous agreement of the Parties. C. Severability. If any provisions of this MOU or the application thereof to any Party or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the MOU which can be given effect without the invalid provision or application, and to this end, the provisions of the MOU are declared to be severable. D. Execution by Counterparts; Electronic Signatures. This MOU may be signed in counterparts, each counterpart shall be deemed an original, and all the counterparts taken as a whole shall constitute one and the same instrument. The Parties approve the use of electronic signatures for execution of this MOU. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. §§ 24-71.3-101to121. E. No Third Party Beneficiaries. Except as otherwise stated herein, this MOU is intended to describe the rights and responsibilities of and between the Parties and is not intended to, and shall not be deemed to, confer rights upon any persons or entities not named as Parties, limit in any way governmental immunity and other limited liability statutes for the protection of the Parties, nor limit the powers and responsibilities of any other entity not a Party. Nothing contained herein shall be deemed to create a partnership or joint venture between the Parties with respect to the subject matter hereof F. Supersedes and Replaces Prior Agreements. This MOU supersedes and replaces all prior agreements amongst the Parties on the matters contained herein. G. Officials Not to Benefit. No elected, appointed or employed member of any Local Government Member shall be paid or receive, directly or indirectly, any share or part of this MOU or any benefit that may arise therefrom. H. TABOR compliance; No General Obligation Indebtedness. Because this MOU may extend beyond the current fiscal year, all of the Parties understand and intend that the obligation of the Local Government Members for funding hereunder constitutes a current expense of the Local Government Members payable exclusively from the Local Government Members' funds and appropriated each fiscal year and shall not in any way be construed to be a multi-fiscal -9- year debt or other financial obligations within the meaning of Article X, Section 20 of the Colorado Constitution, a general obligation indebtedness of the Local Govenunent Members within the meaning of any provision of Article XI of the Colorado Constitution, or any other constitutional or statutory indebtedness. I. Waiver. This MOU or any of its provisions may not be waived except in writing by a Party's representative. The failure of a Party to enforce any right arising under this MOU on one or more occasions will not operate as a waiver of that or any other right on that or any other occasion. J. Proper Execution. Each Party represents that all procedures necessary to authorize such Party's execution of this MOU have been performed and that the person signing for such party has been authorized to do so. K. Governing Law and Venue. It is the intention of the Parties to this MOU that this MOU and the performance under this MOU, and all suits and special proceedings under this MOU, be construed in accordance with and governed, to the exclusion oflaws of any other forum, by the laws of the State of Colorado, without regard to the jurisdiction in which any action or special proceeding may be instituted. Venue for any action concerning this MOU shall be proper and exclusive in the District Court for Jefferson County, Colorado. L. Illegal Aliens/Authorization to Work. If JCMH has any employees or subcontractors, JCMH shall comply with C.R.S. §8-17.5-101, et seq., regarding Illegal Aliens - Public Contracts for Services, and this MOU. By execution of this MOU, JCMH certifies that it does not knowingly employ or contract with an illegal alien who will perform work under this MOU and that JCMH will participate in either the E-Verify Program or Department Program in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this MOU. 1. JCMH shall not: a. Knowingly employ or contract with an illegal alien to perform work under this MOU; or b. Enter into a contract with a subcontractor that fails to certify to JCMH that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this MOU. 2. JCMH has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this MOU through participation in either the E-Verify Program or Department Program. 3. JCMH shall not use either the E-Verify Program or Department Program to undertake pre-employment screening of job applicants while this MOU is in effect. 4. If JCMH obtains actual knowledge that a subcontractor performing work under this MOU knowingly employs or contracts with an illegal alien, JCMH shall: a. Notify the subcontractor and the Local Govenunent Members within three days that JCMH has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and -10- b. Terminate the subcontract with the subcontractor ifwithin three days of receiving the notice required pursuant to the preceding sub-subparagraph of this subparagraph, the subcontractor does not stop employing or contracting with the illegal alien; except that JCMH shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 5. JCMH shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. §8-17.5-102(5). 6. If JCMH violates this provision ofthis MOU, the Local Government Members may terminate the MOU for a breach of contract. If JCMH is so terminated, JCMH shall be liable for actual and consequential damages to the Local Government Members as required by law. 7. The Local Government Members will notify the Office of the Secretary of State if JCMH violates this provision of this MOU and the Local Government Members terminate the MOU for such breach. M. Public Document. JCMH hereby acknowledges that the Local Government Members are public entities subject to the Colorado Open Records Act, C.R.S. § 24-72-201, et seq., and as such, this MOU will be subject to public disclosure thereunder. N. Electronic Disposition. The Parties acknowledge and agree that the original of this MOU, including the signature pages, may be scanned and stored in a computer database or similar device, and that any printout or other output readable by sight, the reproduction of which is shown to accurately reproduce the original of this MOU, may be used for any purpose as if it were the original, including proof of the content of the original writing. 0. Ownership of Documentsilleliverables. Any data, documents or other things or information provided by a Local Government Member to JCMH or to which JCMH has access during the performance of the Services (the "Documents") and any reports, drawings, results, conclusions of the Services or other writings or products produced by JCMH (the "Deliverables") shall be and remain the sole property of the Local Government Member at all times; and JCMH shall not use any of the Deliverables or Documents for any other purpose. The Local Government Members shall, respectively, retain all right, title and interest in and to both the Documents and the Deliverables. JCMH shall not disclose to any third party any Document or Deliverable without the prior written approval of the Local Government Members unless required under the Colorado Public Records Act or other law. P. Confidentialitv. During the course of JCMH's performance of the Services, JCMH may have access to certain confidential and proprietary information owned or controlled by the Local Government Members that may be disclosed to JCMH and JCMH's employees, agents, representatives, assigns or subcontractors orally, in writing or by observation. All such information disclosed to JCMH or JCMH's employees shall be maintained in strict confidence, shall not be used except as -11- necessary for the performance of this MOU and shall not be disclosed to any third party without prior written approval of the Local Government Members unless required under the Colorado Public Records Act or other law. All tangible items or material developed by or made available to JCMH or JCMH's employees, agents, representatives, assigns, or subcontractors hereunder shall be delivered to the Local Government Members promptly upon the cancellation, termination or completion of this MOU. Q. Notice. All notices, requests, demands or other communications required or permitted by the terms of this MOU will be given in writing and delivered to the Parties of this MOU as follows: 1. Jefferson Center for Mental Health CEO & President 4851 Independence Street Wheat Ridge, CO 80033 2. Jefferson County County Commissioners 700 Jefferson County Parkway, Suite 300 Golden, CO 80401 3. City of Arvada City Manager 8101 Ralston Rd. Arvada, CO 80002 4. City of Edgewater City Manager 2401 Sheridan Boulevard Edgewater, CO 80214 5. City of Golden City Manager 911 10th Street Golden, CO 80401 6. City of Lakewood Chief of Police 480 S. Allison Pkwy. Lakewood, CO 80226 7. City of Wheat Ridge City Manager 7500 W. 29th Ave. Wheat Ridge, CO 80033 -12- 8. City of Westminster City Manager 4800 W. 92nd Ave. Westminster, CO 80031 or to such other address as any Party may from time to time notify the other. The Parties execute this MOU on the most recent date indicated below. COUNTY OF JEFFERSON JEFFERSON CENTER FOR MENTAL HEALTH Harriet L. Hall, President Date: ~~~~~~~~~~~ CITY OF ARV ADA Marc Williams, Mayor Date: ~~~~~~~~~~~ CITY OF EDGEWATER Laura Keegan, Mayor Date: ~~~~~~~~~~~ -13- CITY OF GOLDEN Marjorie N. Sloan, Mayor Date: ~~~~~~~~~~- CITY OF LAKEWOOD Adam Paul, Mayor Date: ~~~~~~~~~~- CITY OF WESTMINSTER Herb Atchison, Mayor Date: ~~~~~~~~~~- CITY OF WHEAT RIDGE Bud Starker, Mayor Date: ~~~~~~~~~~- JEFFERSON COUNTY SHERIFF Jeff Shrader, Sheriff Date: ~~~~~~~~~~- -14- EXHIBIT A JCMH Quarterly Reporting Form For the three month period ending on _________ _ Local Government Number of Percentage one-Percentage Percentage of Member Patients served time Patients repeat Patients receiving from: Patients other mental and behavioral health services Jefferson County City of Arvada City of Edgewater City of Golden City of Lakewood City of Wheat Ridge City of Westminster Non-Participating Number of Amount Billed Amount Paid Other Details local government Patients Served referrin2 Patients Other Data: [JCMH please fill in] -15- EXHIBITB Preadmission and Admission Protocols PRE-ADMISSION PROTOCOLS 1. A Medical Screening Required Form will be used by the admissions technician to screen clients with the transporting officer present. 2. Medical refusals will be transported by ambulance, outreach van driver from JCMH or the officer in that order. The officer will be involved in that decision based on safety needs. 3. Clients who do not demonstrate behavioral self-control at the time of admission may present a danger to themselves or others including staff. If a definitive refusal is obtained at screening using the Police Referral Screening Tool, the patient will be transported to the hospital for a medical assessment by the original agency. 4. If a medical release is obtained and the patient is still not demonstrating behavioral self- control, then the patient can be transported to the jail. Officers will contact the jail to determine if there is space available for the withdrawal management. 5. If the jail is unavailable, the client shall be left in the care of medical staff until such time as the client is no longer a danger to himself or others. ADMISSION PROTOCOLS 1. Clients who are in the custody of the Facility and who become uncooperative and/or present a danger to JCMH facility staff or other clients may be refused. JCMH facility staff will call the Wheat Ridge Police Department when this occurs. A Police Referral Screening Tool will be completed by JCMH facility staff citing the reasons for the refusal. 2. Wheat Ridge Police Department will transport the client to the hospital for a medical assessment. 3. If a medical release is obtained and the patient is still not demonstrating behavioral self- control, then the patient can be transported to the jail. Officers will contact the jail to determine if there is space available for the withdrawal management. 4. If the jail is unavailable, the client shall be left in the care of medical staff until such time as the client is no longer a danger to himself or others. -16-