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HomeMy WebLinkAbout012615_ca01N t� 615 Sheridan Streef Port Townsend, WA 98368 www. Jefferson C ountyPu bl ic Health, org Consent Agenda Public Healt January 21, 2014 JEFFERSON COUNTY BOARD • OMMISSIONERI it i TO: Board of County Commissioners Philip Morley, County Administrator FROM: jean Baldwin, Director Anna McEnery, Developmental Disabilities Coordinator DATE: f r I SUB3ECT: Agenda Item —Contract Agreement - January 1, 2015 — December 31, 2015; $27,570.00 ST 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 —114 MaW &Y46r_ January 1, 2015 — December 31, 2015; $27,570.00 AN COALS IPR 'S and CONS: This contract funds clinical and care management services for up to 21 children and their caregivers, this may include long-term therapy to children affected by and/or with risk factors for mental illness or substance abuse at home and/or in the community. Jumping Mouse is required to: work with social services and other agencies as needed for dually served families. Group, individual, or combined group/individual evidence-based therapies will be utilized, and referrals for mental health medication and monitoring are required as needed. This contract increases mental health service access to Jefferson County citizens. FISCAL 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. The contract provides for revenue fluctuations. RE JCPH management request approval of the Contract Agreement Z�r4 rfv?) MN6e-- 644_�MAI� January 1, 2015 — December 31, 2015; $27,570.00 ITMMU�_ Philip Morjey;r County Administrator Date Community Health Environimat:rilal Health Developmental Usabililfies Water Qucilily 36Q-385-9400 360-385-9444 360-385-9401 if} PjwClyS working for ca safer and healthIP-r community (fl 3610-379-4487 CONTRACT AGREEMENT By and Between Jumping Mouse Children's Center And Jefferson County For Expanded Mental Health (MH) & Chemical Dependency (CD) Treatment 2015 Section 1: PURPOSE: TI-IIS AGREEMENT for Professional Services is entered into between Jefferson County herein referred to as the "County" and Jumping Mouse Children's Center, 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, 2.015 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, 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 mental health and substance abuse treatment. A. CONTRACT REPRESENTATIVES: Jefferson County and Jumping Mouse Children's Center 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: JCPH -Contract Re resentativ Contractor's Contract Representative Anna McEnery Kris Becker, Executive Director Jefferson County Public Health Jumping Mouse Children's Center 615 Sheridan St. 1809 Sheridan St. Port Townsend, WA 98368 Port Townsend, WA 98368 (360) 385-9400 (360) 379-5109 PAGE 1 Section 4: COMPENSATION: The total amount payable under this Contract by County to CONTRACTOR, shalt not exceed $27,570.010 as outlined in Exhibit B- Fee Schedule, 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. 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 A — Scope of Work. B. CONTRACTOR shall submit monthly invoices to JCPH, 615 Sheridan St., Port Townsend, WA 99368, Attn: Finance Department, for payment of work actually completed to date. C, Invoices must be submitted by the 3rd Monday of the month for the previous month's expenses, The County will review such invoices, and upon approval thereof, payment will i be made to the Contractor n 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/SA 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. G, 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. PAGE 2 H. An audit will be submitted to the County annually. a. Contractor will submit the most recent financial audit or recent compiled financial statements to accompany our annual 990 tax form filing within 30 days from the beginning of this agreement. b. The audit or recent compiled financial statements to accompany our annual 990 tax form filing 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 or recent compiled financial statements to accompany our annual 990 tax form filing 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 oft) BM Circular A -133 or A -1213, as applicable. Section 5: INDEMNIFI CATION: 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 any injury to e I liability, or any portion thereof, including attorney's fees and costs, arising from 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: INSURANCE: The Contractor shall obtain and keep in force during the terms of this Agreement, or as otherwise required: A. Commercial Automobile Liability Insurance is waived based on the fact that Jumping N4ouse does not own a fleet of vehicles that are titled in their name. B, General Liability (1) — with 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: PAGE 3 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. C. Professional Liability Insurance providing $2,000,000 per incident; $3,000,000 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. L. 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 RC shall be non-contributory with respect to any policy of insurance the Contractor must provide to comply with this Agreement. Cr. If the proof of insurance or certificate indicating the County is an "additional T 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. 11, 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: CONFIDENTIALITY: 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. PAGE 4 Section 8: ASSIGNMENTS AND SUBCONTRACTING: The Contractor shall not sublet or assign any of the services covered by this agreement without the express written consent of the County. Section 9: 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. Section 10: RE . PORTING: The Contractor will provide a monthly service summary report to the County at the same time as invoices and must be submitted by the 3rd Monday 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 in care of Anna McEnery, 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 I I: 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 1. With 30 days' notice by the Contractor by voluntary resignation. Section 12: MODIFICATION: This professional services agreement may be modified at any time by written agreement of either party and may be modified if tax revenue decreases. PAGE 5 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 a 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. 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 BOARD OF COUNTY COMMISSIONERS JEFFERSON COUNTY, WASHINGTON John Austin, Chairperson .lumping Mouse Children s enter ATTEST: Deputy Clerk of the Board PAGE 6 20_ Exhibit A Scope of Work RF,SPONSIBILITIES: The Jumping Mouse Children's Center Services agency as a contracted provider, agrees to: Clinical and care management services for up to 21 children and their caregivers per billing period, 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 long-term therapy to children affected by and/or with risk factors for mental illness or substance abuse at home and/or in the community. 5. Provide parent support and education to the adults of the children covered in this contract. 6. Work with social services or other agencies as needed for dually served families with mental health or chemical dependency issues. T Maintain a secure records system guaranteeing the confidentiality of PHI pursuant to JUPPA. 9- Bill other revenues whenever they exist. 9. Monthly data template on client utilization, referrals, outcomes, and required reporting, in standard form as specified by Jefferson County Health. 10. Group of individual therapy, or a combination of the two, using evidence based models of treatment. Applicant will identify the number of clients seen, how often each week and the number of hours per week and per month for treatment enrollment. 11. Referral for mental health medication and monitoring as needed. 12. 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. 13. Preparation of progress reports if needed, e.g. to court. 14, Collection and preparation of data for internal and external evaluation purposes, and reporting, e � to jcpfl monthly with the invoice. Use forms supplied by JCPH for data. PAGE 7 15. Staffed by 5 master's level, Licensed Mental Health Counselors, one master's level Licensed Mental Health Counselor Associate, 5 master's level intern and extern therapists (supervised by Washington State Approved Clinical Supervisors), and one master's level social worker, with support staff to include billing and administration. 16. Clerical, billing, and general office support, 17, Agency oversight regarding record keeping, data collection, legal and ethical issues and standards of care are updated and meet State of Washington standards. 18, Services are available throughout the county. 19. provide data including: e Number of intakes, individual sessions, psychiatric visits, and adult education visits provided Age, sex, drug of choice, psychiatric diagnosis of clients. Referrals to other agencies. Client satisfaction form indicating client's view of how program helped in their life. 20. opportunities for regular clinical supervision and psychiatric consultation are available for staff on a regular basis. Supervision for all therapists, including interns and externs, consists of minimum one hour per week in individual consultation, and 3 hours per month in a clinical staff meeting,. Additional individual support and supervision to interns is also provided on a continual, as-needed basis. 21. 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. PAGE 8 Exhibit B Fee Schedule Therapy and Care Management @ $42 per session, Clinical Oa supervision 1 ,$534 per month. Not to exceed $27,570-00 in completion of services for the duration of this contract without express written amendment. PAGF 9 ATTACHMENT A JEFFERSON COUNTY MH/CD TRFATMENT TAX FUNDING- MATCH POLICY On October 14, 2013 Jefferson County Board of County Commissioners (130CC) adopted the following language in the allocation of the Mental Health Chemical Dependency treatment dollars. Agencies may not use .Jefferson County mental health countyl chemical dependency treatment tax funds for match, without prior authorization of their match formula and allocation use, approved by the Jefferson County Administrator and fiscal team. The match may not be used without written permission. Definitions: I specified amount or Match: is a requirement for the grantee to provide contributions of a specif percentage to match funds provided by another grantor. Matching can be in the form of cash or in-kind contributions. Auditors objective: To determine whether the match amount or percentage of contributions from JC is an allowable source of funding and that the vendor has an accurate accounting system to track the match. 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 U.1 percent, (the I/loth of I% sales tax initiative) to augment state funding for mental health and chemical dependency treatment. Jefferson County collects and distributes the Mental 1.1calth/Cheynical Dependency (MI /CD) tax. Services purchased by the County are allocated through a formal Request for Proposal (RF'P) process, review and contracting; staffed by Jefferson County Public Health, overseen by Jefferson County Mental Health Substance Abuse J'und Advisory Committee and adopted by the Board of County Commissioners, (BOCC). The BOCC does not assume any fiscal responsibility/liability for any of the vendors they contract for services with. Services leveraged by a vendor using MI 1 /CD tax as match have no oversight or agency relationship to Jefferson County; funding cannot be used without prior authorization of the vendor's match formula and allocation by the Jefferson County Administrator and fiscal team. PAGE 10 Following state, federal and local guidelines for match is the responsibility of the vendor. Jefferson County will follow all administrative policies in authorizing that use. If a vendor is disallowed the use of funds for match according to the State of Washington or the federal government, Jefferson County funds will not be available as matching funds. For example, if a vendor provides Title XIX Medicaid services (the Policy 19,50.02 or 42CFR 430.30) they will not be allowed the use of match without actually billing Medicaid for the services at the same time. If no Medicaid billing exists, the match cannot be applied. The County shall verify that the local entity's financial reporting system tracks matching funds at a level to support the use of funds; that meets the level of documentation required by federal or state statutes. The verification and application process for Match use within the County will include the following steps: 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. The County must review a copy of this application and form prior to granting match authorization of MH/CD funds for Match 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 to ascertain the MH/CD allocation is an allowable source of match. 5. The County Administrator will authorize or deny the use of match in writing within 30 days of the application. PAGE I1