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HomeMy WebLinkAbout042715_ca19Consent Agenda Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners Philip Morley, County Administrator FROM: Barbara Carr DATE: Monday, April 27, 2015 RE: Drug Court & Family Therapeutic Court STATEMENT OF ISSUE: These funds support case management for the Superior Court Drug Court & Family Therapeutic Court, ANALYSIS: Safe Harbor Recovery Services (Ford Kessler) to provide Case Management Services to Superior Court for Jefferson County Drug Court & Family Therapeutic Court. FISCAL IMPACT: These funds come to the Superior Court from the 131 Fund, CD /MH sales tax. Superior Court will prepare a budget adjustment to include these funds in their 2015 budget. RECOMMENDATION: That the Board approve the agreement and sign 3 originals. A fully executed original will be returned to the BOCC office. DEPARTMENT CONTACT: Michelle Lorand, Superior Court Administrator REVIEWED BY: Philip Morley, ro y Administrator) Date AGREEMENT FOR CASE MANAGEMENT SERVICES DRUG COURT AND FAMILY THERAPEUTIC COURT THIS AGREEMENT, made and entered into this day of , 2015, between the County of Jefferson, acting through the Jefferson County Commissioners and the Jefferson County Superior Court, hereinafter "the County," and SAFE HARBOR RECOVERY CENTER, Inc.. hereinafter called "the Contractor." The period of this contract shall be May 1, 2015 until December3l, 2015. All work performed from May 1, 2015 through the date of execution is hereby ratified and included in this Agreement. Definitions a. "Agreement" means this Agreement, including all documents attached or incorporated by reference. b. "Contracting Officer" means the Jefferson County Superior Court Judge or his designee in the Superior or Juvenile Court office. c. "Contractor" means the entity performing services pursuant to this Agreement and includes the Contractor's officers, directors, trustees, employees and /or agents unless otherwise stated in this Agreement. For purposes of this Agreement, the Contractor shall not be considered an employee or agent of Jefferson County. d. "Jefferson County" or "the County" means the County of Jefferson acting through the Jefferson County Commissioners and the Jefferson County Superior Court, and its employees and authorized agents. e. "Personal Information" means information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. 2. Statement of Work and Insurance Requirements a. The Contractor shall provide Case Management Services to the Jefferson County Superior Court Drug Court and the Family Therapeutic Court, in accordance with the Statement of Works attached hereto as Exhibit A and Exhibit B, respectively. b. In accordance with Chapters 388 -700 WAC, 72.05 RCW, and 43.20A, RCW contractors and each of their employees, subcontractors, and /or volunteers who may or will have regular access to any client must be cleared through a Jefferson County approved criminal history and background check. In addition, contractors, each of their employees, subcontractors, and /or volunteers, who may or will have limited access to any client /, may be required to be cleared through a Jefferson County approved criminal history and background check. Contractors and each of their employees, subcontractors, and /or volunteers, regardless of whether their contact with clients is considered to be regular or limited access to such persons, shall after their initial Jefferson County approved criminal history and background checks undergo not less often than once every three (3) years another Jefferson County approved criminal history and background check. c. Insurance: The Contractor shall obtain and keep in force during the terms of this Agreement, or as otherwise required: (1) 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). (2) 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: (a) Broad Form Property Damage with no employee exclusion; (b) Personal Injury Liability, including extended bodily injury; (c) Broad Form Contractual/Commercial Liability including completed operations (contractors only); (d) Premises — Operations Liability (M &C) (e) Independent Contractors and Subcontractors; and (f) Blanket Contractual Liability. (1) Note: The County shall be named as an additional insured party under this policy. (3) Professional Liability Insurance providing $2,000,000 per incident; $4,000,000 aggregate. Contractor shall name Jefferson County as additional insured. (4) The Contractor shall participate in the Worker's Compensation and Employer's Liability Insurance Program as may be required by the State of Washington. (5) 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. (6) All policies of insurance the Contractor is required to maintain pursuant to this Contract shall be primary to any third party liability coverage provided to the County by reason of its membership in a Ch. 48.62 "Risk Pool." Any coverage for third parry 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. (7) All insurance policies the Contractor must maintain for purposes of this Agreement shall provide coverage on an occurrence basis. (8) If the Professional Liability policy held by the Contractor to insure the Contractor regarding the work to be performed under this Contract provides coverage on a claims made basis, then each such Professional Liability insurance must have a Retroactive Date of, or prior to, the effective date of this Agreement. For each such claims -made policy accepted by the County, a Supplemental Extended Reporting Period (SERP) shall be purchased, at Contractor's sole expense, with an extended reporting period of not less than three (3) years in the event the policy is cancelled, non - renewed, switched to an Occurrence Form, retroactive date advanced, or there is any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERP) policy during the term of this Agreement or thereafter. The Contractor agrees Contractor's insurance obligation shall survive the completion or termination of this Agreement for a minimum period of three years. (9) The insurance maintained by Contractor pursuant to this Agreement shall not in any manner limit or qualify the obligations of the Contractor under this Contract. (10) Contractor shall provide proof of each required type insurance to the Superior Court Administrator and County Risk Manager prior to commencing employment, and prior to any extension of services under this Agreement. (11) 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. (12) 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. The County will not do so without written notice to the Contractor giving the Contractor ten (10) days to cure the breach. 3. Billing Procedure a. The Contractor shall submit an Invoice Voucher to Jefferson County Superior Court monthly for services provided. b. The County shall pay the Contractor upon acceptance of the Invoice Voucher. The invoice shall describe and document the following: (1) Date and time period of service(s) performed; (2) Description of work performed. c. Payment shall be considered timely if made by The County within 30 days after receipt of the properly completed invoice. d. The Contractor accepts The County's payment as sole and complete payment for the services provided under this contract. e. The County shall not reimburse the Contractor for authorized services not provided to clients, or for services provided which are not authorized or provided in accordance with Paragraph 2 "Statement of Work ". f. Contractor shall submit monthly invoices to Jefferson County Superior Court, P. O. Box 1220, Port Townsend, WA 98368, Attn: Michelle Lorand, for payment of work actually completed to date. g. Invoices must be submitted by the 2nd Monday 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. 4. Compensation a. The total amount payable to the Contractor shall not exceed $22,114.00 in completion of this project without express written amendment signed by all parties to this Agreement. b. Contractor shall be paid for services provided under this Agreement as outlined in Exhibit A for the Drug Court Scope of Work and Exhibit B for the Family Therapeutic Court Scope of Work, and as specifically set forth in Exhibit C: Fee Schedule. c. 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. d. 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 it has met this responsibility by submitting in writing to the Superior Court and Risk Manager their match formula, allocation plan and any other documentation required of them by Exhibit D: Jefferson County MH /CD Treatment Tax Funding Match Policy. The County may withhold authorization to utilize the MH /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. e. 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. 5. Confidentiality. The Contractor may use Personal Information and other information gained by reason of this Contract only for the purpose of this Contract. The Contractor shall not disclose, transfer, or sell any such information to any party, except as provided by law or, in the case of Personal Information, with the prior written consent of the person to whom the Personal Information pertains. The Contractor shall maintain the confidentiality of all Personal Information and other information gained by reason of this Contract, and shall return or certify the destruction of such information if requested in writing by Jefferson County. This Contract, once executed, will be a "public record" subject to production to a third party if same is requested pursuant to Ch. 42.56 RCW, the Public Records Act. 6. Governance a. The provisions of this Agreement are severable. If any provision of this Agreement is held invalid by any court that invalidity shall not affect the other provisions of this Agreement and the invalid provision shall be considered modified to conform to existing law. b. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence, in the following order to: Applicable federal and state law, regulations, and rules; Any other provision of this Agreement; and Any document incorporated by reference. c. In the event of a lawsuit involving this Agreement, venue shall be proper only in Jefferson County, Washington. d. The Contractor shall comply with all applicable non - discrimination and other local, state and federal laws, regulations and rules. Indemnification. The Contractor shall be responsible for and shall indemnify and hold Jefferson County harmless from all claims for damages or lawsuits resulting from the acts or omissions of the Contractor. Jefferson County shall be responsible and shall indemnify and hold the Contractor harmless from all claims for damages or lawsuits resulting from the acts or omissions of The County. 8. Inspection: Maintenance of Records a. Contractor records, client records, documents, reports 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. b. During the term of this Agreement and for six (6) years following termination or expiration of this Agreement, the Contractor shall give reasonable access to the Contractor, Contractor's place of business, client records, and Contractor records to Jefferson County Superior Court and to any other employee or agent of the State of Washington or the United States of America in order to monitor, audit, and evaluate the Contractor's performance and compliance with applicable laws, regulations, and this Agreement. c. During the term of this Agreement and for six (6) years following termination or expiration of this Contract, the Contractor shall maintain records sufficient to: • Document performance of all acts required by law, regulation, or this Agreement; • Substantiate the Contractor's statement of its organization's structure, tax status, capabilities, and performance; and • Demonstrate accounting procedures, practices, and records which sufficiently and properly document the Contractor's invoices to The County and all expenditures made by the Contractor to perform as required by this Agreement. 9. Alteration, Amendment, and Waiver. This Agreement may be amended only by a written amendment signed by both parties. Only the County Contracting Officer may waive any provision of this Agreement on behalf of Jefferson County. 10. Termination a. If the funds Jefferson County relied upon to establish this Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, The County may terminate this Agreement by providing 30 days written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination. At the discretion of the County, as an alternative to termination under this paragraph, this Agreement may be renegotiated. b. Either party may terminate this Agreement for any other reason by providing 30 calendar days' written notice to the other party. 11. Assienment. The Contractor shall not assign all or any portion of this Agreement to a third party. 12. Waiver of Default. If Jefferson County waives any breach of this Agreement by the Contractor on any occasion, such waiver shall not be deemed to be a waiver of any subsequent breach of this Agreement by the Contractor. 13. 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. IN WITNESS WHEREOF, the Contractor has executed this instrument on the day and year first below written, and the Board of County Commissioners has caused this instrument to be executed by and in the name of said County of Jefferson the day and year first above written. Executed by the Safe Harbor Recovery Center, Inc. Ford Kessler Executed by the Board of County Commissioners: David Sullivan, Chair Execute y Superior Co t: Keith Harper, Judge Attest: Clerk of the Board &V'j &z 16lt� Approved as to Form: Dated: I ll — aU 15 Dated: Dated: Dated: Exhibit A Statement of Work - Case Management Services Jefferson County Drug Court Case Manager Summary: Oversee the development, implementation and coordination of the Jefferson Family Therapeutic Court Program, including the following duties: • Serve as a liaison among the Jefferson Drug Court (JDC) Judge(s), Jefferson County Prosecutor, Superior Court Clerk and deputy clerks, Superior Court Administrator, Public Defenders, Chemical Dependency Treatment provider, and other service providers as appropriate. • Support the development, implementation and continual coordination of the partnership. • Arrange, conduct and participate in team meetings ensuring that key members are present and that their input is recorded, considered and that group conclusions are recorded and implemented. • Coordinate communication network among the above team members so that all are informed and knowledgeable of the program's progress. • Ensure that concerns are quickly aired and resolution sought so that the program remains focused. • Develop and maintain an action plan, which outlines objectives, strategies and tasks; monitor progress and report regularly to designated agencies. • In conjunction with the Superior Court Judge, update procedures manuals, forms and other materials as needed. • Adjust and enhance the implemented program based on appropriate feedback from the judge. • In conjunction with the Superior Court Judge and Administrator, develop budget and budget reports for the County and any other funding agencies. • Respond with the Superior Court Judge or other team member to public inquiries concerning the Drug Court. • Provide invoices and timesheets monthly, and any other data collection or reports required for the measuring of program outcomes as may be requested by the Superior Court Judge. Exhibit B Statement of Work— Case Management Services Jefferson County Family Therapeutic Court Case Manager Summary: Oversee the development, implementation and coordination of the Jefferson Family Therapeutic Court Program, including the following duties: • Serve as a liaison among the Jefferson Family Therapeutic Court (JFTC) Judge(s), Washington State Attorneys General, Superior Court Clerk and deputy clerks, Public Defenders, Juvenile and Family Services, CASA /GAL Program, Department of Social and Health Services Division of Children and Family Services, Chemical Dependency Treatment provider, Mental Health treatment provider, and other service providers as appropriate. • Support the development, implementation and continual coordination of the partnership. • Arrange, conduct and participate in team meetings ensuring that key members are present and that their input is recorded, considered and that group conclusions are recorded and implemented. • Coordinate communication network among the above team members so that all are informed and knowledgeable of the program's progress. • Ensure that concerns are quickly aired and resolution sought so that the program remains focused. • Develop and maintain an action plan, which outlines objectives, strategies and tasks; monitor progress and report regularly to designated agencies. • In conjunction with the Superior Court Administrator and the Juvenile Court Administrator, update procedures manuals, forms and other materials as needed. • Adjust and enhance the implemented program based on appropriate feedback from the judge. • In conjunction with the Superior Court Administrator and the Juvenile Court Administrator, develop budget and budget reports for the County and any other funding agencies. • Respond with the Superior Court Judge or other team member to public inquiries concerning the JFTC. • Provide invoices and timesheets monthly, and any other data collection or reports required for the measuring of program outcomes as may be requested by the Superior Court Judge. EXHIBIT C — FEE SCHEDULE Case Management Services @ $30.00 per hour to include the following: a. Court Time: This denotes time spent in court, including time traveling to /from court and any time post -court session where discussions continue beyond the court recess time that same date. b. Client Support: Time spent transporting therapeutic court participants to and from treatment and/or support meetings. Time spent arranging issues such as housing, employment and other life skills with clients or providers. Time spent staffing progress with actual treatment counselor, and any other direct client service that is not otherwise considered "treatment" and funded by another source. c. Administration: Time preparing court paperwork such as petitions, violations, warrants, including interview time for eligibility required to support the ongoing court process. Time spent in the purchase of incentives and obtaining donations, solicitations for incentives from local businesses and the purchase of associated incentive services as approved by the individual court administrator. Time spent preparing reports required for the measuring of program outcomes. Other expenses allowable for actual costs verified by receipts and to be approved by the Superior Court Administrator: a. Travel expenses associated with getting clients to /from inpatient treatment such as gas cards, vouchers, air fare or bus tickets, reimbursements for mileage for transport of clients. b. Incentives to support the therapeutic court model. Not to exceed $22,114.00 for the duration of this contract without express written amendment. Any additional funds that may become available by virtue of a revenue sharing process between the Superior Court, Juvenile Court or the District Court shall be reflected in a contract amendment and associated budget modification. EXHIBIT D JEFFERSON COUNTY MH /CD TREATMENT TAX FUNDING MATCH 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 /1 0th of 1% sales tax initiative) to augment state funding for mental health and chemical dependency treatment. Jefferson County collects and distributes the Mental Health /Chemical 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. To 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 DBHR funding rules, applicable to the use of MH /CD sales tax monies as match. Following state, federal and local guidelines for match is the responsibility of the Contractor. • 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: I. 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 match,