HomeMy WebLinkAbout121817_ca15JEFFERSON 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: December 18, 2017
SUBJECT: Agenda Item — a Memorandum of Understanding Agreement
to Jefferson County Superior Court; January 1, 2017 —
December 31, 2017; $84,319.00
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 a Memorandum of Understanding
Agreement with the Jefferson County Superior Court, for Drug Court Case Management Services
and Family Therapeutic Case Management Services for individuals affected by substance abuse
and chemical issues; January 1, 2017 to December 31, 2017; $44,412.00 for Drug Court;
$39,907.00 for Family Therapeutic Court.
ANALYSIS/ STRATEGIC GOALS/PRO'S and COWS:
This Memorandum of Understanding, is with the Jefferson County Superior Court; for Drug Court
Case Management Services and Family Therapeutic Court Case Management Services for
Jefferson County citizens, seeking substance abuse and chemical dependency treatment.
This Memorandum of Understanding Agreement, 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 MOU states if the sales tax revenue decreases, the Court will be contacted and the
agreement may be renegotiated.
RECOMMENDATION:
JCPH management request approval of a Memorandum of Understanding Agreement to the
Jefferson County Superior Court; January 1, 2017 — December 31, 2017; $84,319.00.
REVIEWED BY:
'--Philip Morley,, Co ty Administrator Date
It
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 - 2017
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 Jefferson County Mental Health/Substance Abuse Sales Tax
Fund 131 be allocated for therapeutic court case management services in 2017 as follows;
$44,412 for Mental Health Court case management (and other services) in Jefferson County
District Court; $44,412 for Drug Court case management (and other services) and $39,907 for
Family Therapeutic case management (and other services) in Jefferson County Superior Court;
and
WHEREAS, Board of County Commissioners approved a 2017 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, the Superior Court will administer the contracts and expenditures to provide the
therapeutic court case management services pursuant to this MOU from January 1, 2017 to
December 31, 2017; and
WHEREAS, Superior Court will not utilize funding from Fund 131 for the Court to administer
this MOU nor to administer and bill these case management services from January 1, 2017 to
December 31, 2017; 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
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WHEREAS, District 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,
and Jefferson County Superior Court mutually agree for the Court to provide case
management services and other services to individuals enrolled in Drug Court and Family
Therapeutic Court, as described in this MOU, including EXHIBIT A: Scope of Work:
Drug Court, Family Therapeutic Court, and EXHIBITS B, and C, attached hereto and
incorporated herein.
2. Funding from Fund 131 to the Superior Court Branch for the services pursuant to this MOU
shall be up to $84,319 in 2017, as described in the following table, subject to modification
pursuant to Section 4 of this MOU.
Description
Service Period
Amount from
Fund 131
Drug Court Case Management and
1/1/17 — 12/31/17 $44,412
Other Services:
Family Therapeutic Court Case
1/1/17 — 12/31/17 $39,907
Management and Other Services:
Total Funding for Superior Court
$84,319
Superior Court will use the funding from Fund 131 for direct services (e.g. case management,
housing, transportation, drug testing, incentives) for participants in Drug Court and Family
Therapeutic Court. Superior Court will not use the funding from Fund 131 to cover its own
administrative costs to administer this MOU and to administer contracts and associated
billings to provide those services.
Funding approved pursuant to this MOU will be included in the 2017 expenditure
appropriation budgets of Superior Court. In addition, a quarterly transfer from Fund 131 for a
total equal to the amount 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 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.
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4. Any revenue sharing between the District Court budget on the one hand, and the Superior
Court 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, and an associated County budget modification shall also be submitted for
adoption by the Board of County Commissioners during that budget year. Once approved, a
copy of the amended MOU and 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.
6. 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.
7. This MOU shall remain in effect from January 1, 2017 until December 31, 2017, 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. All work
performed in 2017 consistent with this MOU prior to its adoption is hereby ratified.
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DATED this _ day of December, 2017.
Jefferson County Board of Commissioners
Kathleen Kler, Chair
Attest:
Date
Carolyn Gallaway, Deputy Clerk of the Board
Jeffe on County Superior Court
Keith Harper, Presi ing Judge Date
Approved as to Form Only:
0 (.. /14, , 'Z /
Philip HuAsucker, Chief Civil, Deputy Prosecuting Attorney
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EXHIBIT A
Scope of Work: Drug Court, Family Therapeutic Court
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:
1. Provide for and supervise case management services for all citizens enrolled in Drug
Court and Family Therapeutic Court.
(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 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.
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• Provide to Jefferson County through Jefferson County Public Health a copy of any
case management service contracts and all amendments thereto.
For case management services in each therapeutic court (Drug Court, Family Therapeutic
Court,), 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 6th
Street, Suite 300, Bremerton WA 98337 and/or siri.kushnergkitsappublichealth.org,
and that a copy of each electronic report is also sent to Anna McEnery of Jefferson
County Public Health at amcenery(a co.jefferson.wa.us.
• Due dates for reports are as follows: 4/28 for Jan -Mar, 7/28 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
2017 Quarterly Evaluation Reporting Template
For each therapeutic court (Drug Court, Family Therapeutic Court), provide quarterly statistics in an electronic
form, an illustrative example of which is shown below, that will be developed by the Jefferson County Public Health
in consultation with the Court.
Reporting Court Report Year/Quarter:
Total Unduplicated # Individuals Served YEAR TO DATE:
Assm
ng
Participants by zipcode of current residence:
Participants by Age and Gender (#):
Age Range
Male Female Total
0-17
0
18-24
0
25-44
0
45-64
0
65+
0
Total
01 0
# unduplicated) # duplicated
# Participants by Service Type: individuals participation
Other (please specify)
Client Referrals Provided: #
CD treatment -inpatient
CD treatment - outpatient
MH treatment - inpatient
MH treatment - outpatient
Child Care
CPS
Dental
DS HS
DV
Education
Employment
Hospital
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Housing
Law Enforcement
Medical
Public Health
Tobacco
Cessation - Quit
Transportation
Vocational Services
Other (please specify):
Client Discharge Outcome: I #
Successful completion Other (please specify # and type)
Terminated
Disappeared/Left services
Dropped out/Quit
Jailed
Hospitalized
Deceased IW hat did client die from?
Moved out of County
(Total Length of Participation ( #
0-4 weeks (less than 1 month)
Third Total
4-8 weeks (1 month)
0
8-12 weeks (2 months)
20-24 weeks (5 months)
12-16 weeks (3 months)
24-28 weeks (6 months)
16-20 weeks (4 months)
6 months - 1 year
Major Depression
I year or more
no mental health known unknown
Participant mental health status:
Participant mental health diagnosis Primary Second
Third Total
ADHD
0
BiPolar
0
Dysthymia
0
Generalized Anxiety
0
Major Depression
0
Panic Disorder
0
PTS D
0
Schziophrenia
0
Substance Use Disorder
0
Other (please specify):
0
# Particfponfs with past month no substance use sub use known sub use unknown
substance use:
# Participants past month use by
substance
Primary Second Third Total
Alcohol
0
Marijuana
p
Tobacco products
0
Amphetamines
0
Benzodiazepines
0
Cocaine
0
Hallucinogens
0
Heroin
0
Methamphetamines
0
Other sedatives or hypnotics
0
Other opiates and synthetics
0
Oxy/Hydro Codone
0
Prescribed opiate substitute
0
Other (please specify)
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
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monies as match. Following state, federal and local guidelines for match is the responsibility of
the Court or its Contractor.
• 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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