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HomeMy WebLinkAbout082117_ca01615 Sheridan Street � Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org IC Healt Consent Agenda May 10, 2017 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Vicki Kirkpatrick, Director Anna McEnery, DD Coordinator DATE: 9Iat I a(31-4- SUB3ECT: Agenda Item — Contract Agreement — Discovery Behavioral Healthcare for School Based Mental Health Services; January 1, 2017 — December 31, 2017; $137,156 STATEMENT OF 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 — Discovery Behavioral Healthcare for School Based Mental Health Services; January 1, 2017 — December 31, 2017; $137,156 ANALYSIS/ STRATEGIC GOALS/PRO'S and CON'S: This is a one year contract between JCPH and Discovery Behavioral Healthcare to provide school based mental health services recommended by the BOCC Advisory Committee. This agreement provides for mental health services in all four districts in Jefferson County. Behavioral health services will be provided to students of all ages from grades 3 through 12 who identify with behavioral health issues. Counseling will be provided on a variety of issues and concerns including, but not limited to, anger management, depression, stress, conflict resolution, relationship issues, suicide ideation, counseling for grief or loss, sexual and physical abuse, eating disorders, domestic violence, mental illness, adjustment disorders, crisis events, and substance use. JCPH will work with Discovery Behavioral Healthcare to monitor service data, performance outcomes, and ongoing interface between the schools, the county and the MH CD committee. 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 recommendations from the Mental Health and Substance Abuse Sales Tax Advisory Committee. Should funds be reduced or withdrawn, termination and/or renegotiation language is in place. Community Health Developmental Disabilities 360-385-9400 360-385-9401 (f) Always working for a safer and healthier community Environmental Health Water Quality 360-385-9444 (f) 360-379-4487 615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org RECOMMENDATION: JCPH requests approval of the Contract Agreement — Discovery Behavioral Healthcare for School Based Mental Health Services; January 1, 2017 — December 31, 2017; $137,156 REVIEWED BY: Philip Mor' aunty Administra r Date Community Health Developmental Disabilities 360-385-9400 360-385-9401 (f) Always working for a safer and healthier community Environmental Health Water Quality 360-385-9444 (f) 360-379-4487 CONTRACT AGREEMENT For Professional Services Between Jefferson County And Discovery Behavioral Healthcare For School Based Mental Health Services This Contract for Professional Services is entered into between Jefferson County, herein referred to as the "County" and Discovery Behavioral Healthcare (DBH), herein referred to as the "Contractor". Section 1: PURPOSE: THIS AGREEMENT is made and entered into to provide services in the school districts of Chimacum, Port Townsend, Quilcene and Brinnon for Jefferson County, Washington. The COUNTY and the four (4) school districts agree to cooperate in order to provide early behavioral health, intervention and treatment services in the schools for children or youth grades 3-12 who identify with behavioral health issues. DBH hours will be distributed as 1 day a week at 1 day a week at Brinnon SD, Quilcene SD, 3 days a week at Chimacum SD, 3 days a week at Port Townsend SD and 3 days a week with a Chemical Dependency Professional at Port Townsend SD. 85 % of that time or 50 minutes is spent seeing students and 10 minutes of each hour is spent on charting, travel or meetings. Section 2: TERMS: This Agreement shall commence on January 1, 2017 and continue through December 31, 2017, unless terminated as provided herein. Section 3: SCOPE OF AGREEMENT: DBH will provide behavioral health counseling to children and youth enrolled in all four districts in Jefferson County, providing services to students of all ages from grades 3 through 12, as part of a comprehensive team. In addition, the Child and Family Therapist shall attend monthly meetings with other Jefferson County Public Health (JCPH) staff and attend SBHC trainings. (Brinnon SD, Quilcene SD and Blue Heron students do not have SBHC access, but meetings with School Counselors and Principals routinely occur.) The DBH Child and Family Therapist shall provide: • The development of goals and objectives for the school year to the SBHC Advisory Committee. • Short-term counseling, support, and referral for youth and their families enrolled at the Grade, Middle and High Schools at the schools. • Individual counseling on a variety of issues and concerns including, but not limited to, anger management, depression, stress, conflict resolution, relationship issues, feelings of suicide, counseling for grief or loss, sexual and physical abuse, eating disorders, domestic violence, mental illness, adjustment disorders, crisis events and substance use. • Ongoing collaboration and weekly consultation with the SBHC team of health and school professionals. • Effective and efficient clinical services using best practice standards. • All necessary clinical and administrative records for behavioral health and treatment services. Discovery Behavioral Healthcare — SBHC 2017 A "new client sheet" that will be filled out for every new client to services at each School. At every visit, a "visit details sheet" will be filled out to collect information about the reasons for the visit, referrals, and satisfaction with services. Program data collection from the new client and visit details sheets, on the number and types of behavioral health, intervention and treatment services provided, will be electronically uploaded to the SBHC data system and that Siri Kushner of the Kitsap County Health District, has continued access to the SBHC data system. Upon request, reports of activities and services provided, will be submitted to the JCPH Contract Representative. A. Contract Representatives: JCPH and DBH 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 PO Box 565 Port Townsend, WA 98368 (360) 385-0321 Section 4: COMPENSATION: JCPH Contract Representative Anna Me Enery, DD Coordinator Jefferson County Public Health 615 Sheridan St. Port Townsend, WA 98368 (360) 385-9410 The CONTRACTOR will be reimbursed for all work performed under the terms of this contract. The total amount payable under this Contract by County to CONTRACTOR, for school year, shall not exceed $137,156.00 as outlined in Exhibit B- Fee Schedule, in the completion of this project without express written amendment signed by both parties to this Agreement. 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 98368, Attn: Finance Department, for payment of work actually completed to date. C, Invoices must be submitted by the 7" 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. Invoices not submitted within 60 days may be denied. D. Contractor shall provide invoices and when requested, 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. Discovery Behavioral Healthcare — SBHC 2017 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. The County may withhold authorization to utilize the MH/SA 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. H. 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. 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. An audit will be submitted to the County upon request. a. Upon request, Contractor will submit the most recent financial audit within 30 days. b. The audit or its equal, 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. Discovery Behavioral Healthcare — sBHc 2017 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. 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. Discovery Behavioral Healthcare -- SBHC 2017 F. Any 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: CONFIDENTIALITY: Contractor, its employees, subcontractors and their employees will maintain the confidentiality of all information provided by JCPH or acquired in performance of the Contract 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: 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 7`" 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 the Anna Mc Enery, DD Coordinator, 615 Sheridan, Port Townsend, and WA 98368. The County will review such invoices, and upon approval thereof, payment will be made to the Contractor in the amount approved. Failure to submit invoices within 45 days of the due date, may result in a denial of reimbursement. Section 10: 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. Discovery Behavioral Healthcare — sBHC 2017 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. Section 12: MODIFICATION This professional services agreement may be modified at any time by written agreement of all parties. Section 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. This agreement may be amended only by written instrument signed by both County and Contractor. Approved this day of 5 20 BOARD OF COUNTY COMMISSIONERS JEFFERSON COUNTY, WASHINGTON Kathleen Kler, Chairperson Discovery Behavioral Healthcare ATTEST: Deputy Clerk of the Board Ap o�,ke,,Chief . _Date: 3 Philip Deputy Prosecuting Attamey Jefferson County Prosecuting Attorney's Office Discovery Behavioral Healthcare — SBI IC 2017 EXHIBIT A Scope of Work RESPONSIBILITIES: The Discovery Behavioral Healthcare, as a contracted provider, agrees to: A. Work with identified youth and their families throughout the school year. B. Work collaboratively with local mental health and substance abuse treatment agencies for identified clients. C. Allocate 85% of staff hours to clinical services. D. Staff each site with licensed therapists who consistently work at the same site except for needs for personal leave. Exceptions may only be made with the written approval of the County. E. The names of licensed therapists working in each school will be given to the JCPH. JCPH and the schools will be notified of any staff changes in writing, (before they occur). F. Public Health and School Districts must be notified of any extended leave of absence for Counselors. G. SBC will be notified if a Counselor is out sick and unable to make an appointment. H. Background checks are required for DBH employees working with children or youth who provide services under this contract. School districts each have different requirements and all require out of state FBI background checks for employees new to Washington State. Please verify requirements with the School District offices. I. Copies of background checks & Counselor resumes must be available upon request by JCPH. J. Provide crisis interventions and emergency response services. K. Provide on-going supportive counseling as needed, to all youth. Services are not dependent on Medicaid eligibility. L. Provide Counselors with the ability to make long distance phone calls from the schools. M. Work with children or youth to provide support services and referral to behavioral health or other treatment programs. Assist with the application and eligibility paperwork necessary to receive outside services. N. Parents or guardians of children or youth may be contacted as necessary following HIPPA laws and Washington State laws concerning age of consent. O. Assist school staff in identifying and developing strategies to assist students with behavioral health issues. P. Work with social services or other agencies as needed for dually served children or youth with behavioral health and/or chemical dependency issues. Q. Make a DBH Supervisor available to provide weekly clinical and supervisory oversight for the therapist providing services in this program. Discovery Behavioral Healthcare — sBHC 2017 R. DBH Supervisor must attend regularly scheduled Clinician meetings and quarterly SBHC Advisory meetings. S. Maintain a secure and confidential records system guaranteeing HIPPA. T. Counselor's will offer each student an opportunity for session feedback by providing a Likert -type rating scale. U. Provide a yearly report on client (students and families), utilization, referrals, outcomes. V. Fill out a new "new client sheet" for every new client to services at each School. R. At every visit, fill out a "visit details sheet" to collect information about the reasons for the visit, referrals, and satisfaction with services. Discovery Behavioral Healthcare — sBHC 2017 Exhibit B Fee Schedule Mental Health Therapist ranging from @ $21.42/hour to $27.17/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 @ 10% Not to exceed $137,156.00 in completion of services for the duration of this contract without express written amendment signed by both parties. Discovery Behavioral Healthcare — SBHC 2017 9 ATTACHMENT A JEFFERSON COUNTY MH/SA ` 1111,.ATMENT 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/SA) 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/SA sales tax monies as match. Following state, federal and local guidelines for match is the responsibility of the Contractor. Discovery Behavioral Healthcare — SBHC 2017 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/SA 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/SA sales tax monies as match. Discovery Behavioral Healthcare — sBHC 2017 11