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HomeMy WebLinkAboutSafe Harbor Recovery Center - 020215SAFE HARBOR RECOVERY CENTER, INC. and BEACON OF HOPE, INC. 686 Lake Street, Suite 400 Port Townsend, WA 98368 h. tUEIVELIII August 31, 2016 David Sullivan, Commissioner Jefferson County Board of County Commissioners P O Box 1220 Port Townsend, WA 98368 Dear Commissioner Sullivan: AUG 312016 Per our contract amendment #l, dated January 25t', 2016 under section 11 I am writing to formally provide 30 days notice to terminate the contract on September 30, 2016 by voluntary resignation. Sincerely, Ford Kessler, BA, CDP, NCAC 1 President/CEO Safe Harbor Recovery & Beacon of Hope, Inc. CC: Anna McEnery JCPH Contract Representative Adam Marquis Discovery Behavioral Healthcare Fax (360) 385-7288 E-mail: teresaw(asafeharborrecoverv.or2 Phone (360) 385-3866 CONTRACT AGREEMENT By and Between Jefferson County And Safe Harbor Recovery Center For Mental Health (MH) & Chemical Dependency (CD) Treatment Section 1: PURPOSE: THIS AGREEMENT for Professional Services is entered into between Jefferson County herein referred to as the "County" and Safe Harbor Recovery Center (SHRC), herein referred to as the "Contractor" to provide alcohol and substance abuse treatment 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 chemical dependency treatment options to Jefferson county residents as outlined in Exhibit A-1, Statement of Work, herein incorporated by reference. Through the use of these funds the provider will increase the number of citizens receiving Chemical Dependency Treatment. 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 Jefferson Mental Health. Clients who need services of one agency will be screened and referred, if necessary, to the other agency. These funds will be used to increase treatment services to citizens seeking substance abuse treatment and those who have a co-occurring Mental Health disorder. A. Contract Representatives: Jefferson County and SHRC 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 Representative Anna McEnery Jefferson County Public Health 615 Sheridan St. Port Townsend, WA 98368 (360) 385-9400 Safe Harbor Recovery Center -2015 Contractor's Contract Representative Teresa Wirth, Administrator Safe Harbor Recovery Center 686 Lake Street, Suite 400 Port Townsend, WA 98368 (360) 385-3866 Section 4: COMPENSATION: The total amount payable shall not exceed $98,585 in funding for the treatment progress of program participants in completion of this project. 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 B — Fee Schedule. B. Contractor shall submit monthly invoices to JCPH, 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 1St 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. 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. Safe Harbor Recovery Center -2015 G. 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. H. 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. b. The audit shall be completed by the WA State Auditor's Office or a mutually agreed upon entity such as the Division of Behavioral Health and Recovery (DBHR). 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 and/or recent DBHR annual fiscal review 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: INSURANCE: 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. Safe Harbor Recovery Center -2015 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. C. Professional Liability Insurance providing $1,000,000 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. 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. Safe Harbor Recovery Center -2015 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. 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. Section 9: 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 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 1St 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, 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: 1. 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. Safe Harbor Recovery Center -2015 5 Section 12: 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. Section 13: 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. 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 -E-'bna , 20%, BOARD OF COUNTY COMMISSIONERS JEFFERSON COUNTY, WASHINGTON N4 d S{h Chairperson c� afe Harbor overy Center AT ST:Q Deputy Clerk of the Board Safe Harbor Recovery Center -2015 A to only //Y Co. Prosecooes Mice David Alvarez, Chief Civil DPA