HomeMy WebLinkAbout012015_ca05im
615 Sheridan Street
Port Townsend, WA 98368
www.JeffersonCounfyPublicHealfh.org
JEFFERSON COUNTY
60ARD • COUNTY COMMISSIONERS
AGENDA REQUEST
Board of County Commissioners
Philip Morley.. County Administrator
lean Baldwin, Director
Anna McEnery, DD Coordinator
DATE:ri
Consent Agenda
December 10, 2014
SUBJECT: Agenda Item — Contract Agreement — Jefferson Mental Health Services;
January 1, 2015 — December 31, 2015; $88,685.00
STATEMENT 4F ISSUE:
Jefferson County Public Health, as the fund manager of the Mental Health and Substance Abuse sales
tax treatment funds, is requesting Board approval of the Contract Agreement — Jefferson Mental Health
Services; January 1, 2015 — December 31, 2015; $88,685.00
AN GOALS PRO'S and CON'S:
This is a one year contract With jCPH and Jefferson Mental Health Services (JMHS) to provide services
negotiated by the E30CC Advisory Committee.
This contract funds JMHS serving 24-40 Jefferson County citizens seeking Mental Health treatment. The
treatment partnership with Safe Harbor to treat people with co-occurring disorders is included in these
Mental Health services. Mental Health treatment is a priority identified by the committee who chose to
allocate the majority of these funds to adults with mental health and substance abuse problems. ,
Through this contract services will be increased for Jefferson County citizens who have no other source of
payment for services.
FISCAL IMPACT COST BENEFIT ANALYSIS:
This is sales tax revenue raised by the County in the 1/10 of 1% Fund and is allocated by the BOCC with
advice from Mental Health and Substance Abuse Sales Tax Advisory Committee. Should funds be reduced
or withdrawn, termination and/or renegotiation language is in Place
Cornmunily Health
Deveioprnental J)isabiliiies
360-385-9400
360-385-9401 (f)
Always working for a safer and healthier community
Environmerild Health
Wafer Qualify
360-385,-9444
(f) 360-379-4487
REC,OMMENDATION.
JCPH management request approval of the Contract Agreement — Jefferson Mental Health Services;
January 1, 2015 — December 31, 2015; $88,685.00
Philip Morley unty A�rxainis for
Date
CONTRACT AGREEMENT
By and Between
Jefferson Mental Health Services
And
Jefferson County
For Expanded Mental Health (MH) & Chemical Dependency (CD) Treatment 2015
Section 1: PURPOSE:
THIS AGREEMENT for Professional Services is entered into between Jefferson County herein
referred to as the "County" and Jefferson Mental Health Services (JMHS), herein referred to as
the "Contractor" to provide mental health services to individuals impacted by mental
health substance abuse issues in Jefferson County, Washington.
Section 2: TERMS:
This Agreement shall commence on January 1, 2015 and continue through December 31, 2015,
unless terminated as provided herein.
Section 3'. SCOPE OF AGREEMENT:
Contractor will increase mental health treatment options to Jefferson county residents as outlined
in Exhibit A, Statement of Work, herein incorporated by reference. Through the use of these
funds the provider will increase the number of citizens receiving Mental Health services. The
goal of this funding and sales tax increase is to improve the quality of life for Jefferson County
citizens by improving access to treatment and improving partnerships with Safe Harbor
Recovery Center- Clients who need services of one agency will be screened and referred, if
necessary, to the other agency.
A, Contract Representatives:
Jefferson County and JMHS will each have a contract representative who will have
responsibility to administer the contract for that party. A party may change its
representative upon providing written notice to the other party. The parties'
representatives are as follows:
Contractor's Contract Representative
Adam Marquis, Executive Director
Jefferson Mental Health Services
P0 Box 565
port Townsend, WA 98368
(360) 385-0321
JCPH Contract Representative
Anna Me Enery, DD Coordinator
Jefferson County Public Health
615 Sheridan St.
Port Townsend, WA 98368
(360) 385-9410
Section 4: COMPENSATION:
The total amount payable under this Contract by County to Contractor shall not exceed
$88,685-00 in completion of this project without express written amendment signed by both
parties to this Agreement. The parties acknowledge that funding for this contract is contingent
on the continuation of sales tax revenue in 2015. If the sales tax revenue decreases by ten percent
(10%) when applicable sales tax revenues are compared between the most recently completed
quarter year and the same quarter year revenues for 2014, then this contract may be renegotiated.
jej,f�r.s(qj Mental I leakh Sej,vices-20 5
The parties acknowledge the funding connected to this contract is revenue of last resort and
therefore Contractor will bill all other sources of revenue first.
A. Contractor shall be paid for services as outlined in Exhibit B -- Fee Schedule.
B. Contractor shall submit monthly invoices to JCPIJ, 615 Sheridan St., Port Townsend, WA
98368, Attn: Finance Department, for payment of work actually completed to date.
C. Invoices must be submitted by the 15"' of the month for the previous month's expenses,
The County will review such invoices, and upon approval thereof, payment will be made
to the Contractor in the amount approved. Failure to submit timely invoices may result in
a denial of reimbursement.
D. Contractor shall provide invoices and necessary backup documentation for all invoices
including timesheets and statements. Any indirect charges require the submittal of an
indirect cost methodology and rate using OMB Circular's A-87 and A-122.
E County reserves first right to use as match the chemical dependency mental health tax
funds and the services funded by them for purposes of qualifying for additional funding
and grants. County may allow Contractor to use the chemical dependency mental health
tax funds as match, at the County's sole discretion. Should the County decline to use
chemical dependency mental health tax funds as match for additional funding and/or
grants, then the County may authorize the Contractor to use such funds for match. (See
Attachment A)
F. Where Contractor proposes to use chemical dependency mental health County tax funds
for match, Contractor shall be solely responsible for compliance with all state and federal
laws and regulations, including, but not limited to DSHS, CMS and DBHR funding rules,
applicable to the use of MH/CD sales tax monies as match. Contractor shall document
they have met this responsibility by submitting to the County Administrator, in writing,
their match formula, allocation plan and any other documentation required of them
pursuant to Attachment A, attached hereto and incorporated in this Agreement. The
County may withhold authorization to utilize the MFI/CD sales tax monies as match,
Contractor's failure to provide adequate documentation does not relieve the Contractor of
their responsibility to comply with all state and federal laws and regulations related to
match.
G. The County will make final payment of any balance due the Contractor promptly upon
determining that i) the Contractor has completed its obligations under this Agreement and
ii) the County can and does accept the work performed by the Contractor,
H. Contractor records and accounts pertaining to this agreement are to be kept available for
inspection by representatives of the County and state for a period of six (6) years after
final payments. Copies shall be made available: upon request.
1. An audit will be submitted to the County annually.
a. Contractor will submit the most recent financial audit within 30 days from the
beginning of this agreement.
jttfersoll Mental f1calth Services-2015
b. The audit shall be completed by the WA State Auditor's Office or a mutually agreed
upon entity. Upon request the County shall have the option of performing an onsite
review of all records, statements, and documentation.
c. If the County finds indications of potential non-compliance during the monitoring
process, the County shall notify Contractor within ten (10) days. County and
Contractor shall meet to discuss areas of contention in an attempt to resolve issues.
d. Audit will provide statements consistent with the guidelines of Reporting for Other
Non-Profit Organizations AICPA SOP 78-10, and is performed in accordance with
generally accepted auditing standards and with Federal Standards for Audit of
Governmental Organizations, Programs, Activities and Functions, and meeting all
requirements of OBM Circular A -133 or A-128, as applicable.
Section 5: INDEMNIFICATION:
The Contractor shall indemnify, defend and hold harmless the County, its officers, agents and
employees, from and against any and all claims, lawsuits, demands for money damages, losses or
liability, or any portion thereof, including attorney's fees and costs, arising from any injury to
person or persons (including the death or injury of the Contractor or damage to personal property)
if said injury or damage was caused by the negligent acts or omissions of the Contractor.
Section 6: MURANCE:
The Contractor shall obtain and keep in force during the terms of this Agreement, or as otherwise
required:
A. Commercial Automobile Liability Insurance providing bodily injury and property
damage liability coverage for all owned and non-owned vehicles assigned to
or used in the performance of the work for a single limit of not less than
$500,000 per occurrence and an aggregate of not less than one million dollars
($1,000,000) Contractor shall provide proof of insurance to the County
c/o Contracts Manager at Jefferson County Public Health, 615 Sheridan St. Port
Townsend, WA 98368 prior to commencing employment.
B. General Liability (1) - with a minimum limit per occurrence of one million dollars,
($1,000,000) and an aggregate of not less than two million dollars ($2,000,000) for
bodily injury, death and property damage unless otherwise specified in the contract
specifications. This insurance coverage shall contain no limitations on the scope of
the protection provided and indicate on the certificate of insurance the following
coverage:
1, Broad Form Property Damage with no employee exclusion;
2. Personal injury Liability, including extended bodily injury;
3. Broad Form Contractual/Commercial Liability including completed operations
(contractors only);
4. Premises - Operations Liability (M&C)
5, Independent Contractors and Subcontractors; and
6, Blanket Contractual Liability.
(1) Note- The County shall be named as an additional insured party under
this policy.
.Sefrerson NJC11t-,1J llcahh Services-2015
C. Professional Liability Insurance providing $ 1,000,000 per incident; 53,000,000
aggregate. Contractor shall name Jefferson County Public Health as additional
insured.
D� The Contractor shall participate in the Worker's Compensation and Employer's
Liability Insurance Program as may be required by the State of Washington.
E. it is agreed by the parties that insurers shall have no right of recovery or subrogation
against the County (including its employees and other agents and agencies) it being
the intention of the parties that the insurance policies listed above shall protect both
parties and be primary coverage for any and all losses covered by the above-listed
insurance policies. It is further agreed by the parties that any and all deductibles made
part of the above-listed insurance policies shall be assumed by, paid for and at the risk
of the Contractor.
F. Any insurance coverage for third party liability claims provided to the County by a
"Risk Pool" created pursuant to Ch. 48.62 RCW shall be non- contributory with respect
to any policy of insurance the Contractor must provide to comply with this Agreement.
G, If the proof of insurance or certificate indicating the County is an "additional
insured" to a policy obtained by the Contractor refers to an endorsement (by number
or name) but does not provide the full text of that endorsement, then it shall be the
obligation of the Contractor to obtain the full text of that endorsement and forward
that full text to the County.
H. The County may, upon the Contractor's failure to comply with all provisions of this
contract relating to insurance, withhold payment or compensation that would
otherwise be due to the Contractor.
Section 7: CONFIDENTIAUITY:
Contractor, its employees, subcontractors and their employees will maintain the confidentiality
of all information provided by JCPH or acquired in performance of this Agreement as required
by HIPAA and other privacy laws. This Contract, once executed by the parties, is and remains a
Public Record subject to the provision of Ch. 42.56 RCW, the Public Records Act.
Section 8: INDEPENDENCE
The Contractor and the County agree that the Contractor is an independent Contractor with
respect to the services provided pursuant to this agreement. Nothing in this agreement shall be
considered to create the relationship of employer and employee between the parties hereto, The
Contractor shall not be entitled to any benefits accorded County employees by virtue of the
services provided under this agreement. The County shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
employee.
Mental 1-lealth Services-2W
Section 9: ASSIGNMENTS AND SUBCONTRACTING
The Contractor shall not sublet or assign any of the set-vices covered by this agreement without
the express Written consent of the County.
Section 10: REPORTING
The Contractor will provide a monthly service summary report to the County at the same time as
invoices and must be submitted by the 15" of the month for the previous month's work. The
monthly report shall contain the report of services and the total hours worked by which staff.
The monthly report shall be submitted to Jefferson County Public Health, Attn: Finance
Department, 615 Sheridan, Port Townsend, and WA 98368. The County will review such
reports, and upon approval thereof, payment will be made to the Contractor in the amount
approved. Failure to submit timely reports may result in a denial of reimbursement.
Section 11: TERMINATION
The County reserves the right to terminate this contract in whole or in part, with 30 days' notice,
in the event that expected or actual funding from any funding source is withdrawn, reduced, or
limited in any way after the effective date of this agreement. In the event of termination under
this clause, the County shall be liable for only payment for services rendered prior to the
effective date of termination.
A. This agreement may also be terminated as provided below:
I With 30 days' notice by the Board of County Commissioners for any
reason, or
2. With 30 days' notice by the Board of County Commissioners for non-
performance of the specific job duties in Exhibit A
3. With 30 days' notice by the Contractor by voluntary resignation.
Section 12: MODIFICATION 6t A
This professional services agreement may be modified at any time by written agreem ent of either
party and may be modified if tax revenue decreases
Section 13: DISPUTE RESOLUTION
Any dispute or disagreement concerning the terms and obligations of this Contract shall initially
be brought to the attention of the Public Health Director via a written document. The Public
Health Director shall make her determination with reasonable promptness, i.e., a decision within
ten business days shall be deemed to have been made with reasonable promptness. If the
aggrieved party is not happy with that decision, then the Jefferson County Administrator (or as
may hereafter be amended), will decide the appeal of the Director's decision.
IQfferson N/lenIgi I lealth Servicos-2015
Section 14: INTEGRATED AGREEMENT
This Agreement together with attachments or addenda represents the entire and integrated
agreement between the County and the Contractor and supersedes all prior negotiations,
representations, or agreements written or oral between the parties, This agreement may be
amended only by written instrument signed by both County and Contractor,
Approved this day of , 20_
BOARD OF COUNTY COMMISSIONERS
JEFFERSON COUNTY, WASHINGTON
John AlAtin, Chairperson
A41"XII
Mental Cdealth Services
Deputy Clerk of the Board
as form only
1"Iv 'N" V"y')" , 12
Jef etson Co. Prosecutor, frice
David Alvarez, Chief CiV I DPA
Jefferson Mental Health Services-2015
Exhibit A
Scope of Work
The Jefferson Mental Health Services agency as a contracted provider, agrees to:
I. Clinical and care management services for 24-40 yearly clients.
2. All employees or subcontractors of the Contractor undertaking the performance of
mental health/sub stance abuse services under this agreement are required to be
professionally licensed or certified by the State.
3. Background checks are required for all employees; to be redone for every employee
every 3 years. The names of licensed therapists will be given to the County.
4. Provide crisis interventions.
5, Run groups as appropriate.
6. Work with social services or other agencies as needed for dually served families with
mental health or chemical dependency issues.
7. Maintain a secure records system guaranteeing confidentiality of PHI pursuant to HIP,PA,
8. Bill other revenues whenever they exist.
9. Include Mental Health Court service hours in those billed under CODIT and Drug Court.
Please track separately.
10. Monthly report on client utilization, referrals,, outcomes and required reporting, in
standard form(s) provided by JCPH.
11. Provide adequate office space for staff and client services, as well as waiting room, group
room and private therapy areas.
12. Group or individual therapy, or a combination of the two, of a specified duration, using,
evidence based models of treatment.
13. Chemical dependency, mental health and/or COD assessment, treatment plan
development and review, documentation of client progress (group and individual session
notes), and aftercare planning and monitoring.
14. Referral for mental health medication and monitoring as needed.
15, Care coordination with other involved agencies, and referral to supportive services such
as housing, transportation and vocational services; tracking of client involvement in
recommended services, including 12-step or comparable support.
16. Collection and preparation of data for internal and external evaluation purposes, and
reporting to JCP1-1 monthly with the invoice, Use forms supplied by JCPH for data.
je,j-flej-son Mental licalth Services-2015
17, Staffed by I (one) licensed mental health professional, with support staff to include
nurse, supervision and contract administrator counselors who, between them, are state-
credentialed in mental health and chemical dependency or co-licensed; as well as one
Bachelor's -level care manager. The mental health counselor will be a master's level
practitioner.
18. Agency oversight regarding record keeping, data collection, legal and ethical issues and
standards of care are updated and meet State of Washington standards.
19. Opportunities for regular clinical supervision and psychiatric consultation are available
for staff on a regular basis.
20, Participate in 2015 discussions on MI-I therapeutic court, staffing for treatment and case
management.
21. Make services available throughout the county.
22. Provide Codit Data including:
*Number of intakes, groups, individual sessions, psychiatric visits, and case management
visits provided
• Age, sex, drug of choice, psychiatric diagnosis of clients
• Referrals to other agencies
23. Attend and report to the Mental Health Substance Abuse Sales Tax Advisory Committee
twice during the duration of this contract period, at regularly scheduled meetings, with
progress evaluation reports.
Jefferson Mental I lealth Services-20 15
Exhibit B
Fee Schedule
Mental Health Therapist @ $25.37/hour
Mental Health Professional @ $29.20/hour
Case Manager @ $25.39/hour
Nurse @ $25.14/hour
ARNP @ $72,97/hour
Clinical Supervision @
', $55.59/hour
project Management @ $61,82/hour
Administrative Support for scheduling, billing and bookkeeping ranging from $22.97/hour to
$52.73/hour
Indirect Rate @ 8.3%
Not to exceed $88,685 in completion of services for the duration of this contract without
express written amendment signed by both parties.
.Jeffersoll Mental health Services -2015
ATTACHMENT A
JEFFERSON COUNTY loll /CD TREATMENT TAX FUNDING-
MATC14 POLICY
Definitions:
Match: is a requirement for the grantee to provide contributions of a specified amount or
percentage to match funds provided by another grantor- Matching can be in the form of
cash or in-kind contributions.
Regulations: The specific requirements for matching funds are unique to each federal or
state program. The A-102 Common Rule provides criteria for acceptable costs and
contributions in regard to match,
Jefferson County Policy:
In 2005, the Washington State Legislature created an option for counties to raise the local sales
tax by 0.1 percent, (the 1/10th of 1% sales tax initiative) to augment state funding for mental
health and chemical dependency treatment. Jefferson County collects and distributes the Mental
Health/Chernical Dependency (MH/CD) tax. Services purchased by the County are allocated
through a formal Request for Proposal (RFP) process, review and contracting; staffed by
Jefferson County Public Health, overseen by Jefferson County Mental Health Substance Abuse
Fund Advisory Committee and adopted by the Board of County Commissioners, (BOCC).
BOCC does not assume any fiscal responsibility/liability for any of the Contractors they contract
for services with.
Jefferson County reserves the first right to use as match the chemical dependency mental health
tax funds and the services funded by them for purposes of qualifying for additional funding and
grants. County may make available to the Contractor the chemical dependency mental health tax
funds for the Contractor to propose as match to state, federal or other entities, at the County's
sole discretion. Contractor shall not use chemical dependency mental health County tax funds
for match without prior authorization by the Jefferson County Administrator and County fiscal
team. 'I'o request authorization of availability of the funds for match, Contractor must apply to
the County Administrator in writing, and include their match formula and allocation plan and
may include other documentation to support their request. The County Administrator will
authorize or deny the availability of match funds in writing within 30 days of the application,
If the County informs the Contractor of the availability of chemical dependency mental health
County tax funds for match, then the Contractor shall be solely responsible for compliance with
all state and federal laws and regulations, including, but not limited to DSHS, CMS and DBljR
funding rules, applicable to the use of" MI I/CD sales tax monies as match. Following state,
federal and local guidelines for match is the responsibility of the Contractor.
jef*t,erS()jj Njejjtafl I jealth Sc¢vices-2015 10
For example, if a Contractor provides Title XIX Medicaid services (the Policy
19.50.02 or 42CFR 430.30) they are required by those rules to actually bill
Medicaid for the services at the same time. If no Medicaid billing exists, the
match would not comply with state and federal guidelines for match.
Concurrent with its request for authorization of the availability of match, Contractor shall
document it has met its responsibility to follow state, federal and local guidelines for match by
submitting in writing to the County Administrator their match formula, allocation plan, and
other documentation made mandatory pursuant to this Agreement and this Attachment A. At a
minimum, the Contractor shall also provide the following to the County Administrator:
1. DSHS requires contractors to complete and submit a "Local Match Certification"
form (DSHS 06-155) or a form that has equivalent data elements prior to any
agreement for DSHS services. Submit a copy of this application and form when
requesting match availability from the County and at each monthly billing.
2. Submit the current administrative policy within WA State regulating your services
and the use of local match,
3. Submit to the County your last financial audit showing your use of match,
County funds and tracking systems.
4. submit to the County the terms of the agreement showing the MH/CD allocation
is an allowable source of match.
5. Provide documentation that your financial reporting system tracks matching funds
at a level that meets the level of documentation required by federal or state
statutes.
The County may reject permission for Contractor to utilize the MH/CD sales tax monies as
ej
match.
Me tj I I I Cal t I, Services -2(165