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HomeMy WebLinkAbout092517_ca08615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org Consent Agenda August 17, 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: T 0 5- / -2 C) 1 -4- SUBJECT: Agenda Item - Contract Agreement - Discovery Behavioral Healthcare (formerly Jefferson Mental Health Services); May 1, 2017 - December 31, 2017; $20,123.00 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 Discovery Behavioral Healthcare (formerly Jefferson Mental Health Services); May 1, 2017 to December 31, 2017; $20,123.00 ANALYSIS STRATEGIC GOADS PRO'S and CON'S: This is a seven month contract between JCPH and Discovery Behavioral Healthcare, (DBH) for case management services and UA's for 24-40 Jefferson County citizens with co-occurring disorders, seeking Mental Health and Substance Abuse treatment. The substance abuse treatment portion is being provided by Discovery Behavioral Healthcare, along with continuing mental health services. People with co-occurring disorders is a priority population identified and funded by the Mental Health Substance Abuse Advisory Committee. Through this contract services will be increased for Jefferson County citizens with severe and persistent mental illness, who have no other source of payment for services. This contract results from an RFP process and is recommended by the Mental Health and Substance Abuse Advisory 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 advice from the Mental Health and Substance Abuse Sales Tax Advisory Committee. The contract states if the sales tax revenue decreases the vendor will be contacted and the contract may be renegotiated. Community Health Environmental Health Developmental Disabilities Water Quality 360-385-9400 360-385-9444 360-385-9401 (f) Always working for a safer and healthier community (f) 360-379-4487 615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org Public Hea RECOMMENDATI N: JCPH management request approval of the Professional Services Agreement with Discovery Behavioral Healthcare; May 1, 2017 — December 31, 2017; $20,123.00 REVIEWED BY: � ?17117 appJ�un�ty&� dminiDate 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 Expanded Mental Health (MH) & Chemical Dependency (CD) Treatment 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 to Jefferson County Jail inmates affected by Substance Use Disorder and Mental Health issues for Jefferson County, Washington. Section 2: TERM: This Agreement shall commence on May 1, 2017 and continue through December 31, 2017, unless terminated as provided herein. Work performed between May 1, 2017 and the execution of this Agreement that is consistent with the provisions of this Agreement is hereby ratified. Section 3: SCOPE OF AGREEMENT: DBH will provide Mental Health and Substance Abuse treatment services as described in EXHIBIT A: Scope of Work, attached hereto and incorporated herein. As described in EXHIBIT A, DBH will serve Jefferson County citizens who have severe and persistent mental illness with substance use disorder and/or co-occurring disorders, seeking Mental Health and Substance Abuse treatment. Section 4. 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 Ru Kirk, Acting Executive Director Jefferson Mental Health PO Box 565 Port Townsend, WA 98368 (360) 385-0321 Discovery Behavioral Healthcare-CODIT Services 2017 1 JCPH Contract Representative Anna Mc Enery, DD Coordinator Jefferson County Public Health 615 Sheridan St. Port Townsend, WA 98368 (360) 385-9410 Section 5: COMPENSATION: The CONTRACTOR will be reimbursed for all work performed under the terms of this contract as outlined in Exhibit B — Fee Schedule. The total amount payable under this Contract by County to CONTRACTOR shall not exceed $20,123.00 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 15th of the month for the previous month's expenses. Invoices submitted after the 7' of the month may not be paid until the following month. 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 or timely reports pursuant to Section 10 of this Agreement may result in a denial of reimbursement. Invoices not submitted within 60 days may be denied. 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. 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. Discovery Behavioral Healthcare-CODIT Services 2017 2 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. I. 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. J. 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. Section 6: 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 7: 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 Discovery Behavioral Healthcare-CODIT Services 2017 3 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 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 8: 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. Discovery Behavioral Healthcare-CODIT Services 2017 4 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: REPORTING The Contractor will provide a monthly invoice to the County for the previous month's work. The invoice shall include the total hours worked by which staff. A quarterly report of services and will be recorded on a form created or approved by the Public Health contracted Epidemiologist. The monthly invoice 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 11: 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 12: 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 13: MODIFICATION This professional services agreement may be modified at any time by written agreement of all parties. Discovery Behavioral Healthcare-CODIT Services 2017 5 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 .20 BOARD OF COUNTY COMMISSIONERS JEFFERSON COUNTY, WASHINGTON Kathleen Kler, Chairperson Discovery Behavioral Healthcare ATTEST: Deputy Clerk of the Board APPROVED AS TO FORM: 09 C' Philip Hunsucker, Chief Civil Deputy Prosecutor Discovery Behavioral Healthcare-CODIT Services 2017 6 Exhibit A Scope of Work RESPONSIBILITIES: Discovery Behavioral Healthcare, (DBH) Agency as a contracted provider, agrees to: 1. Provide clinical and care management services for clients with co-occurring disorders. 2. Assure that all employees or subcontractors of the Contractor undertaking the performance of mental health/substance abuse disorder services under this agreement are required to be professionally licensed or certified by the State. 3. Provide licensed mental health professionals, with support staff to include nurse, supervision and contract administrator counselors who, between them, are state - credentialed in mental health and chemical dependency or co -licensed; as well as one Bachelor's -level care manager. The mental health counselor will be a master's level practitioner. 4. Assure the Chemical Dependency Licensed Professionals billed to this contract maintain training and educational needs. 5. Assure opportunities for regular clinical supervision and psychiatric consultation are available for staff on a regular basis. 6. Assure that background checks are provided for all employees and are to be repeated every 3 years. The names of licensed therapists will be given to JCPH. 7. Work collaboratively with local mental health courts and substance abuse treatment agencies to identify and treat clients with co-occurring disorders. 8. Work with social services or other agencies as needed for dually served individuals with mental health or chemical dependency issues. 9. Provide group or individual therapy, or a combination of the two, of a specified duration using evidence -based models of treatment. 10. Assure chemical dependency, mental health and/or COD assessment treatment plan development and review, documentation of client progress (group and individual session notes), and aftercare planning and monitoring are documented and maintained for at least five years or following WA state statutes. 11. Provide UAs for co-occurring disorder clients as needed. 12. Provide crisis interventions. 13. Maintain a secure records system guaranteeing confidentiality of PHI pursuant to HIPPA. Discovery Behavioral Healthcare-CODIT Services 2017 7 14. Participate in discussions during MH therapeutic court staffing for treatment and case management. 15. Prepare and provide progress reports if needed, e.g. to court. 16. Include Mental Health Court service hours in those billed under CODIT and Drug Court, which are to be tracked separately. 17. Assure referrals for mental health medication and monitoring as needed. 18. Provide care coordination with other involved agencies, and referral to supportive services such as housing, transportation and vocational services. 19. Provide adequate office space for staff and client services, as well as waiting room, group room and private therapy areas. 20. Collection and preparation of data for internal and external evaluation purposes, and reporting to JCPH monthly with the invoice. Use forms supplied by JCPH for data. 21. Provide monthly reports on client utilization, referrals, outcomes, and required reporting on standard form(s) provided by JCPH. Codit Data including: a. number of intakes and disposition, b. unduplicated and duplicated participation and total service hours for groups (per week and month), individual sessions, psychiatric visits, and case management visits, c. treatment enrollment hours (per week and per month), d. age, sex, drug of choice, psychiatric diagnosis of clients and zip code, e. number of referrals to other agencies, f. tracking of client involvement in recommended services, including 12 -step or comparable support 22. Number of UAs performed, number of individuals receiving a UA and number of individuals with positive UA. 23. Agency oversight regarding record keeping, data collection, legal and ethical issues and standards of care are updated and meet State of Washington standards. 24. Assure that services are available for any Jefferson County resident. 25. Bill other revenues whenever they exist. Document what percent of clients are covered by other sources of revenue. 26. Attend and report to the Mental Health Substance Abuse Sales Tax Advisory Committee when requested with progress evaluation reports. Discovery Behavioral Healthcare-CODIT Services 2017 8 Exhibit B Fee Schedule Employee Hours/Month Hourly Rate Month Cost 7 Mo Cost Tera Phillips CDP 83 23.00 1,909.00 13,363.00 Ru Kirk Supervisor 6 45.67 274.00 1,918.00 Benefits Tera Phillips CDP 550.00 3,850.00 Other Costs _ UA's 992.00 20,123.00 Not to exceed a total of $20,123.00 for the duration of this contract without express written amendment signed by both parties. Discovery Behavioral Healthcare-CODIT Services 2017 9 ATTACHMENT A JEFFERSON COUNTY MH/SA 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 I% 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-CODIT Services 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-CODIT Services 2017 11