HomeMy WebLinkAbout092517_ca09615 Sheridan Street
tx?� Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
Consent Public Healilt August 18, 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: 9 )X, ll -ao I-�r
SUBJECT: Agenda Item — Contract Agreement— Discovery Behavioral
Healthcare (formerly Jefferson Mental Health Services);
May 1, 2017 — December 31, 2017; $20,000.00
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 Professional Services Agreement
with Discovery Behavioral Healthcare (formerly Jefferson Mental Health Services); May 1, 2017
to December 31, 2017; $20,000.00.
ANALYSIS STRATEGIC GOALS PRO'S andCON'S:
This is a seven month contract between JCPH and Discovery Behavioral Healthcare (DBH) for
transitional housing services for up to 20 Jefferson County citizens who are at immediate risk, or
at a continuing risk, of psychiatric hospitalization, or who have been recently discharged from
the hospital without a home.
DBH will provide transitional housing for up to 20 clients, will assess client's ability to afford
housing and refer to appropriate human service agencies. People with severe and persistent
mental illness are a priority population identified and funded by the Mental Health Substance
Abuse Advisory Committee. Through this contract, services will be increased for these Jefferson
County citizens, 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
Public Hea
615 Sheridan Street
Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
RECOMMENDATION:
JCPH management request approval of the Professional Services Agreement with Discovery
Behavioral Healthcare; May 1, 2017 — December 31, 2017; $20,000.00
REVIEWED BY:
4ilip'moounty Administ for 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 Transitional Housing 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 to people with severe and
persistent mental illness; who are homeless and/or who are at immediate risk or a continuing risk
of psychiatric hospitalization or who have recently been discharged.
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 housing services as described in EXHIBIT A: Scope of Work, attached hereto
and incorporated herein. As described in EXHIBIT A, DBH's services provide assistance to
homeless individuals who are at immediate risk or a continuing risk of psychiatric hospitalization
or who have recently been discharged. It is widely recognized that safe housing is a foundational
need for successful treatment, recovery, and client stabilization.
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
DBH— Transitional Housing Services 2017
JCPH Contract Re resentative
Anna McEnery, 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 $20,000.00 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 7th 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.
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.
DBH— Transitional Housing Services 2017
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
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;
DBH— Transitional Housing Services 2017
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.
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.
DBH— Transitional Housing Services 2017 4
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 DBH shall submit:
• monthly invoices with timesheets and receipts specifying the services provided. Each
invoice may include only hours directly related to Exhibit A, Scope of Work.
• quarterly electronic reports to Siri Kushner of Kitsap County Health District in a form as
specified by Jefferson County Public Health and/or Kitsap County Health District. DBH
will send a copy of each electronic report to the JCPH Contract Representative.
• upon request, reports of activities and services provided, to the JCPH Contract
Representative.
• The monthly invoice shall be submitted to Jefferson County Public Health in care of
Anna McEnery, 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 60 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, or
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.
DBH— Transitional Housing Services 2017
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, Chair
Discovery Behavioral Healthcare
ATTEST:
Deputy Clerk of the Board
APPROVED AS TO FORM:
V.
Philip Hunsucker, Chief Civil Deputy Prosecutor
DBH— Transitional Housing Services 2017
EXHIBIT A
Scope of Work
RESPONSIBILITIES:
The Discovery Behavioral Healthcare, as a contracted provider, agrees to:
1) Provide housing and assistance to homeless individuals who are at immediate risk of
psychiatric hospitalization or who have recently been psychiatrically hospitalized and are
discharge from hospital without a home.
2) Provide transitional housing for up to 20 clients.
3) Provide market rate rent for two apartments at Thomas Street Apartments for transitional
housing of individuals with severe mental illness who are currently homeless.
4) Provide rent of one room on a month by month basis, at Bayside Hotel for individuals
with severe mental illness who are currently homeless. (The hotel room is only rented
when needed.)
5) Provide at Harborside Inn overnight housing for 3 nights a month for individuals with
severe mental illness currently in crisis needing immediate short term housing. (The hotel
rooms are only rented when needed.)
6) Assess client's ability to afford housing and refer them to DSHS and /or Social Security
for financial support.
7) Support the client through their Social Security application and when appropriate
participation in Social Security interview.
8) Refer clients to OlyCAP and support them to fill out subsidized housing applications, (i/e/
Crossroads, HARP, Permanent Solutions, Consolidated Homeless Grants).
9) Provide support to clients by reviewing all pending applications for permanent housing
and other services, (i/e/ DSHS, CPS, DVR and Work Source).
10) Provide monthly status checks concerning any finished applications for permanent
housing and other services, (i/e/ DSHS, CPS, DVR and Work Source).
11) Research leads for Section 8 housing if the client has a voucher.
12) Refer clients to the Division of Vocational Rehabilitation.
DBH— Transitional Housing Services 2017
13) Support client in securing any documents needed when they are called off a waitlist (i/e/
current ID, social security card).
14) Meet with clients weekly to continue focus on quest for permanent housing.
15) Provide Agency oversight regarding record keeping, data collection, legal and ethical
issues and standards of care are updated and meet State of Washington standards.
16) Assure that services are available for any Jefferson County resident.
17) Bill other revenues whenever they exist. Document what percent of clients are covered by
other sources of revenue.
18) Attend and report to the Mental Health Substance Abuse Sales Tax Advisory Committee
when requested with progress evaluation reports.
DBH— Transitional Housing Services 2017 8
Exhibit B
Fee Schedule
Not to exceed a total of $20,000.00 for the duration of this contract without express written
amendment signed by both parties.
Monthly
1,500
7 Mo Cost
2 Apartments Thomas Street
10,500
1 Hotel Room Bayside Hotel
when needed
750
5,250
Bayside Case Manager:
18 hours mo @ 20.57/hr
370.26
2,592
Harborside Hotel- Up to 3
Nights a month -
when needed
236.80
1,658
20,000_
Not to exceed a total of $20,000.00 for the duration of this contract without express written
amendment signed by both parties.
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 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.
DBH— Transitional Housing 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.
DBH— Transitional Housing Services 2017 11