HomeMy WebLinkAbout112315_ca12JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Philip Morley, County Administrator
DATE: November 23, 2015
RE: Memorandum of Understanding; 2015 Fund 131 Allocation for Case
Management for Therapeutic Courts; Superior Court; $15,266
STATEMENT OF ISSUE: County Commissioner approval is requested for a Memorandum of
Understanding (MOU) with Superior Court that allocates to Superior Court and Juvenile
Services a total of up to $15,266 for case management services and associated
administration/billing costs for Drug Court, Family Therapeutic Court, and Topside.
ANALYSIS: These Fund 131 funds for case management in the therapeutic courts were
originally budgeted in 2015 to be paid directly from Fund 131, as administered on behalf -of the
BoCC by Public Health.
The Court had asked that those funds be transferred into the Court's budgets, to be administered
directly by the Court. The proposed MOU was developed in cooperation with the Court and
with Public Health to accomplish this. Under the MOU, the Court will also provide necessary
program data and financial reports to allow proper management and future allocations of all
funds from Fund 131.
After execution of the enclosed MOU, staff would submit the appropriate budget amendment as
part of the 4" Quarter 2015 Supplemental Budget.
FISCAL IMPACT: Transfers previously allocated funds and expenditures from Fund 131 to
Superior Court and Juvenile Services, both of which are within the General Fund.
RECOMMENDATION: Approve and execute the proposed Memorandum of Understanding
with Superior Court.
REWE BY: �
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ip Morl ounty Date
MEMORANDUM OF UNDERSTANDING
Between
Jefferson County Superior Court
and
Jefferson County Board of County Commissioners as Administrator of
Mental Health / Substance Abuse Sales Tax Fund
WHEREAS, this Memorandum of Understanding (MOU) is between Jefferson County Superior
Court (Court) and the Jefferson County Board of County Commissioners (County) which
administers the Mental Health/Substance Abuse Sales Tax Fund through Jefferson County
Public Health; and
WHEREAS, this Memorandum of Understanding describes the mutually -agreed conditions
under which Mental Health/Substance Abuse Sales Tax funding is being allocated to Jefferson
County Superior Court for the Court's Case Management Services for individuals affected by
substance abuse, chemical dependency and mental health issues; and
WHEREAS, the Jefferson County Mental Health/Substance Abuse Sales Tax Advisory
Committee voted to recommend a total of $44,112 from Jefferson County Mental
Health/Substance Abuse Sales Tax Fund 131 be allocated for therapeutic court case management
services in Mental Health Court, Drug Court, Family Therapeutic Court and Juvenile Services'
Topside in 2015; including $15,000 for Mental Health Court case management in District Court
and $29,112 for case management for the other therapeutic courts within the Jefferson County
Superior Court; and
WHEREAS, Board of County Commissioners approved a 2015 County Budget that allocates
funding from the Mental Health/Substance Abuse Sales Tax Fund 131 consistent with the
Jefferson County Mental Health/Substance Abuse Sales Tax Advisory Committee's
recommendations; and
WHEREAS, Jefferson County Public Health has administered the contracts and/or expenditures
to provide the Mental Health, Drug and Family Therapeutic Court case management services
from January 1, 2015 — April 30, 2015, and to provide the Topside case management services
from January 1, 2015 — May 31, 2015, expending a total of $18,063 of budgeted funds from
Fund 131 for case management services in that period, including $3,420 for case management
services for Mental Health Court in District Court and $14,643 for case management services for
the other therapeutic courts in Superior Court; and
WHEREAS, the District Court and Superior Court will administer the contracts and
expenditures to provide the therapeutic court case management services in their respective courts
from May 1, 2015 to December 31, 2015, including up to $11,580 of remaining Fund 131funds
allocated for case management services for Mental Health Court in District Court, and up to
$14,449 of remaining Fund 131 funds allocated for case management services for the other
therapeutic courts in Superior Court; and
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WHEREAS, for administering and billing these case management services from May 1, 2015 to
December 31, 2015, District Court shall receive up to $638 from Fund 131 and Superior Court
shall receive up to $797 from Fund 131; and
WHEREAS, all funds from Fund 131 may only be used for their intended purpose within that
budget year, and any unexpended funds remaining at the end of a budget year must be returned
to the Fund 131 fund balance, to be available for allocation for eligible services in future years;
and
WHEREAS, Superior Court agrees to regularly report deliverables and metrics to Jefferson
County through the Jefferson County Public Health as specified under this MOU as a condition
of receiving Fund 131 funds, and to facilitate overall management of the Fund;
NOW, THEREFORE, it is mutually agreed that:
1. The County, as administrator of the Mental Health/Substance Abuse Sales Tax Fund 131,
contracts with Jefferson County Superior Court for the Court to provide case management
services to individuals enrolled in Drug Court, Family Therapeutic Court, and Topside, and
for the Court to provide administration and billing services related thereto, as described in
this MOU, including EXHIBITS A, B, and C, attached hereto and incorporated herein.
2. Funding to the Superior Court Branch for the services pursuant to this MOU shall be up to
$14,469 for case management and up to $797 for the Court's administration and billing for
those services, for a total of up to $15,266 in 2015, as described herein.
3. Funding approved pursuant to this MOU will be included in the 2015 expenditure
appropriation budgets of Superior Court and Juvenile Services. In addition, for Drug Court
and Family Therapeutic Court, a quarterly transfer from Fund 131 for a total equal to
amounts authorized in Section 2, above will be made to the Superior Court revenue budget
upon timely submittal of required reports. Funds provided pursuant to this MOU will be
tracked separately by the Court and may only be used for its intended purpose within that
budget year. At the end of the budget year, if documented actual authorized expenditures
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Service Period
$$
Within the Superior Court Budget:
Case Management in Drug Court
5/1/15 - 12/31/15
$10,605
Case Management in Family
5/1/15 - 12/31/15
$ 3,864
Therapeutic Court
Administration & Billing
$ 797
Subtotal to Superior Court Budget:
$15,266
Within the Juvenile Services Budget:
Case Management in Topside
5/1/15 - 12/31/15
$ 0
Administration & Billing
5/1/15 - 12/31/15
$ 0
Subtotal to Juvenile Services Budget:
$ 0
All Superior Court Branch Budgets
$15,266
3. Funding approved pursuant to this MOU will be included in the 2015 expenditure
appropriation budgets of Superior Court and Juvenile Services. In addition, for Drug Court
and Family Therapeutic Court, a quarterly transfer from Fund 131 for a total equal to
amounts authorized in Section 2, above will be made to the Superior Court revenue budget
upon timely submittal of required reports. Funds provided pursuant to this MOU will be
tracked separately by the Court and may only be used for its intended purpose within that
budget year. At the end of the budget year, if documented actual authorized expenditures
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pursuant to this MOU related to case management in Drug Court and Family Therapeutic
Court are less than the amounts budgeted, the difference will be deducted from the next
year's transfer from Fund 131.
4. Any revenue sharing process between the District Court budget on the one hand, and the
Superior Court or Juvenile Services budgets on the other hand, for funds from Fund 131
related to case management in therapeutic courts, shall first be reflected in an amendment to
this Memorandum of Understanding with an associated County budget modification adopted
by the Board of County Commissioners. Any revenue sharing process between the Juvenile
Services budget and the Superior Court budget for funds from Fund 131 related to case
management in therapeutic courts, shall require an associated County budget modification
adopted by the Board of County Commissioners. Once approved, a copy of the modified
budget will be given to Jefferson County Public Health.
5. Superior Court and any contractors it may use to provide Case Management with Fund 131
funding, shall comply with the following and with EXHIBIT C - Jefferson County MH/CD
Treatment Tax Funding Match Policy.
a. The 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. The County may allow the Court or its 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 the
County's match for additional funding and/or grants, then the County may authorize the
Court or its Contractor to use such funds for match consistent with this MOU.
b. Where the Court or its Contractor proposes to use chemical dependency mental health
County tax funds for match, the Court or its 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. The Court or its Contractor shall document it has met this responsibility by
submitting in writing to the Superior Court and County Administrator their match
formula, allocation plan and any other documentation required of them by EXHIBIT C:
Jefferson County MH/CD Treatment Tax Funding Match Policy. The County may
withhold authorization to utilize the MH/CD sales tax monies as match. The Court's or
its Contractor's failure to provide adequate documentation does not relieve the Court or
its Contractor of their responsibility to comply with all state and federal laws and
regulations related to match.
This MOU may be amended by mutual written agreement of both parties. The basis for
amending this agreement may be an increase or decrease in funding, or addition of required
tasks not addressed in this agreement.
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This MOU shall remain in effect until December 31, 2015, unless terminated before then by
either party with 30 days' prior written notice, except that the requirements to provide
financial and program reports and other documentation required pursuant to EXHIBITS A,
B, and C shall remain in effect until fulfilled.
DATED this _ day of November, 2015.
Board of County Commissioners
David Sullivan, Chair
Attest:
Jefferson County Superior Court
Date Keith Harper, Presiding Judge Date
Carolyn Avery, Deputy Clerk of the Board
Approved as to Form Only:
11 ) 1 7]t5--
0, J 0, P,
David Alvarez, Deputy PtOsecuting Attorney
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EXHIBIT A
Scope of Work: Drug Court, Family Therapeutic Court and Topside
Jefferson County Superior Court agrees to utilize the Fund 131 funds provided through this
MOU to provide the following services and provide tracking reports as follows:
Provide for and supervise case management services for all citizens enrolled in Drug
Court, Family Therapeutic Court and Topside.
(a) At a minimum, case management shall include:
• Prepare and maintain files or a data base on enrollees to track and document their
attendance and participation in the therapeutic court, the enrollee's treatment plan,
their progress in following the treatment plan, and their progress toward
graduation from the therapeutic court.
• Communicate with enrollees outside of court as necessary to answer questions,
steer enrollees to appropriate resources, and provide guidance to help them
comply with their treatment plans.
• Coordinate the scheduling and participation of, and communication between, all
representatives of agencies that are part of each therapeutic court, such as the
Judge/Commissioner, Prosecutor, County Clerk, Public Defenders, and treatment
Providers.
• Provide administrative support for the smooth functioning of the therapeutic court
as may be required by Superior Court.
• Collect and share statistics and data as may be required for the administration of
the therapeutic court and for reporting purposes.
(b) If the Court utilizes funds under this MOU to hire a Contractor to provide case
management services or administration and billing services subject to this MOU, the
Court agrees to prepare for BoCC approval a professional services agreement with the
Contractor, which Agreement has been approved by the County's Risk Management
and Legal review, and which requires Contractor's compliance with the provisions of
this MOU, including compliance with the provisions of Section 5 and EXHIBIT C of
this MOU, and requires the Contractor to timely provide all financial and program
reports and other documentation necessary for the Court to comply with this MOU.
2. So the Mental Health/Substance Abuse Advisory Committee is able to review usage of
allocated funds in order to assure access to appropriate treatments and services, provide at
least the following for each therapeutic court:
• Provide monthly financial reports to Jefferson County through Jefferson County
Public Health on the expenditure of funds under this MOU, in a format approved by
the Court and Public Health, that describes funds expended and remaining funds
allocated under this MOU for the remainder of the year. Reports shall be provided to
Public Health by the end of each following month.
• Superior Court, in collaboration with District Court, when providing its monthly
financial report for September by the end of October, will provide an estimate of
projected expenditures under this MOU through the remainder of the year.
• A copy of any case management service contracts and all amendments thereto.
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3. For case management services in each therapeutic court (Drug Court, Family Therapeutic
Court, Topside), the Court will provide quarterly statistics in an electronic form, an
illustrative example of which is shown in EXHIBIT B to this MOU, as will be developed
by Jefferson County Public Health in consultation with the Court, for statistical and
program data collection.
• Jefferson County Superior Court will ensure that quarterly electronic reports for each
therapeutic court are sent to Siri Kushner of Kitsap County Health District, 345 61h
Street, Suite 300, Bremerton WA 98337 and/or siri.kushnerLakitsapnublichealth.ors,
and that a copy of each electronic report is also sent to Anna McEnery of Jefferson
County Public Health at amceneryrs co.jefferson.wa.us.
• Due dates for reports are as follows: 4/29 for Jan -Mar, 7/29 for Apr -June, 10/31 for
July -Sept, and 1/31 of the next year for Oct -Dec.
• Quarterly reports will be reviewed by Public Health and Siri Kushner for accuracy.
Any questions will be referred back to the Court.
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EXHIBIT B
Jefferson County 1/10th of 1% for Mental Health & Substance Abuse
2015 Quarterly Evaluation Reporting Template
For each therapeutic court (Drug Court, Family Therapeutic Court, Topside), provide quarterly statistics in an
electronic form, an illustrative example of which is shown below, that will be developed by Jefferson County Public
Health in consultation with the Court.
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TOW pnduplicpfed 01 ndivlduals Served
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m monwheafth Wast , aakrwwn
PadWilpant mental health status:
ADHD 0
Dysthymia 0
Major Depression 0
PTSD 0
Substance Use Disorder 0
#ftdk odswtthpcetmaMh nosubatahaea68. iaeas.E khaW» kt :.vee al AlRWn
substance use: .
Alcohol 0
iohac coproducts 0
Benzodiazepines 0
Hallucinogens 0
Methamphetamines 0
Other opiates and synthetics 0
Prescribed opiate substitute 0
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EXHIBIT C:
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 1/10th of 1% sales tax initiative) to augment state funding for mental
health and chemical dependency treatment. Jefferson County collects and distributes the Mental
Health/Chemical Dependency (MH/CD) tax through the Mental Health/Substance Abuse Sales
Tax Fund 131.
Services purchased by the County are allocated from Fund 131 through a formal Request for
Proposal (RFP) review and recommendation process through the Jefferson County Mental
Health Substance Abuse Fund Advisory Committee, staffed by Jefferson County Public Health,
and adopted by the Board of County Commissioners (County). Jefferson County Public Health
administers Fund 131 on behalf of the County. The County does not assume any fiscal
responsibility/liability for any entity with which they contract for services using an allocation of
Fund 131 funds.
The 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. The County may make available to the Court or its Contractor the chemical dependency
mental health tax funds for the Court or its Contractor to propose as match to state, federal or
other entities, at the County's sole discretion. The Court or its 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, the Court or its 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 Court or its Contractor of the availability of chemical dependency
mental health County tax funds for match, then the Court or its 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 Court or its Contractor.
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• 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, the Court or its
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 Court or its 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 the Court or its Contractor to utilize the MH/CD sales tax
monies as match.
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