HomeMy WebLinkAbout040918_ca13615 Sheridan Street
Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
Consent~ Agenda
Public i'�e March 14, 2018
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Vicki Kirkpatrick, Director
Anna McEnery, DD & 1/10th County Coordinator
DATE: q C�' 18
SUBJECT: Agenda Item — a Memorandum of Understanding Agreement
to Jefferson County Superior Court; January 1, 2018 —
December 31, 2018; $56,412.00
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 for 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 dependency issues; January 1, 2018 to December 31, 2018; $44,412.00 for Drug
Court; $12,000.00 for Family Therapeutic Court.
ANALYSIS STRATEGIC GOALS PRO'S and CON'S:
This Memorandum of Understanding, is with the Jefferson County Superior Court; for Drug Court
Case Management Services and Family Therapeutic Court Case Management and other 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 with the
Jefferson County -Superior Court; January 1, 2018 — December 31, 2018; $56,412.00.
REV El E BY:
1
Philip Morley,o my Administrator }
Community Health
Developmental Disabilities
360-385-9400
360-385-9401 (f)
Date
Always working for a safer and healthier community
Environmental Health
Water Quality
360-385-9444
(f) 360-379-4487
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 - 2018
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 2018 as follows;
$44,412 for Drug Court case management (and other services) and $12,000 for Family
Therapeutic case management (and other services) in Jefferson County Superior Court; and
WHEREAS, Board of County Commissioners approved a 2018 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, 2018 to
December 31, 2018; and
WHEREAS, Work performed between January 1, 2018 and the execution of this Agreement
that is consistent with the provisions of this Agreement is hereby ratified; 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, 2018 to
December 31, 2018; 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
WHEREAS, Superior 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.
1 of 8
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, 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 $56,412 in 2018, as described in the following table, subject to modification
pursuant to Section 4 of this MOU. 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.
Description
Service Period
Amount from
Fund 131
Drug Court Case Management &
1/1/18 — 12/31/18
$14,462
Family Therapeutic Court, (FTC)
Case Management:
Drug Court -Other Services:
1/1/18 — 12/31/18
$32,550 total
Supplies/Materials
$700
Housing Reimbursement OlyCAP
$3,000
Housing Vouchers
$3,000
Transportation
$3,500
UA Test -Standard
$3,750
UA Test -Random Weekend
$5,200
In Custody Drug/Alcohol Eval
$4,500
Staff Training/Travel
$1,000
Incentives*
$7,900
FTC -Other Services:
1/1/18 — 12/31/18
$9,400 total
Housing Vouchers
$2,400
Supplies/Materials
$300
Transportation
$1,500
UA Test -Standard
$1,200
Incentives*
$4,000
Total Funding for Superior Court
$56,412
*Incentives for Fqnfily Therapeutic Court and Drug Court include; clothing
vouchers corn Goodivill cuedrocer store i t cards.
2of8
3. Funding approved pursuant to this MOU will be included in the 2018 expenditure
appropriation budgets of Juvenile Court. In addition, a quarterly transfer from Fund 131 for
a total equal to the amount expended during the YTD period minus previous expenditure
reimbursements from this award not to exceed the authorized annual amount in Section 2,
above will be made to the Juvenile 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
Functional Family Therapy and/or other services for the Truancy Reform Project are less
than the authorized budgeted amount, the difference will be transferred back to Fund 131.
4. Any revenue sharing between 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 ATTACHMENT A - 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
ATTACHMENT A- 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.
3 of 8
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, 2018 until December 31, 2018, 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 EXHIBIT A and ATTACHMENT A shall remain in effect until fulfilled. All
work performed in 2018 consistent with this MOU prior to its adoption is hereby ratified.
DATED this day of .32018.
Jefferson County Board of Commissioners
David Sullivan, Chair
Attest:
Carolyn Gallaway, Deputy Clerk of the Board
Approved as to Form Only:
ff. 4Hiinsuck-er,Ch-icfCivil
3 � #
Philip De uty Prosecutor
4of8
Jefferson County Superior Court
Keith Harper, Presiding Judge
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 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. Adults charged in Jefferson County for criminal activity whose criminal behavior is
related to, or affected by, substance abuse are eligible to participate in Drug Court or
Family Therapeutic Court. These Courts is an approximate two-year voluntary
program that promotes treatment and accountability. Participants are required to
comply with law abiding behavior, participate in recommended treatment, submit to
random urinalyses, attend regular court reviews and maintain frequent contact with
the Court Staff and the Court Case Manager.
Fund 131 funding provides support needed to operate Drug Court and Family
Therapeutic Court, which protects public safety while reducing offender risk for
future justice involvement and placement in a higher, more restrictive level of care
or incarceration. Funds are provided to assist in housing, jail alternatives, in and
out of custody assessments, treatment not covered by insurance, as well as the
substance use monitoring services of urine analysis (UA) testing and biological
alcohol monitoring devices (Sober -Link) to determine compliance with court
orders.
5 of 8
4. The programs' logic model and performance measures are shown below:
...so that... Outcome
...so that...
Input
Eligible adults
charged with
Jefferson County and
contracted
jurisdiction criminal
cases are referred,
screened and enter a
Therapeutic Court
Program.
...so that.
Process
Participants engage in
treatment for mental
health and/or chemical
dependency, judicial
supervision, and
program monitoring.
Output
Participants maintain
mental health stability,
do not abuse
substances, and do not
recidivate.
Participants
demonstrate
improvements in
skills, thinking and
habits as exhibited by
success/ failure in the
program and post -
program recidivism
rates.
5. 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 will provide 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.
• Provide to Jefferson County through Jefferson County Public Health a copy of any
case management and/or other service contracts and all amendments associated with
the 131 funds under this MOU thereto.
6. For case management services in each Therapeutic Court, Superior Court will provide
quarterly statistics in an electronic form, that is developed and may be revised 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.kusliner@,kitsappubli.chealth.org..
and that a copy of each electronic report is also sent to Anna McEnery of Jefferson
County Public Health at amcenery@ccoJefferson.wa.us.
• Due dates for reports are as follows: 4/30 for Jan -Mar, 7/31 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.
6of8
ATTACHMENT A
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
monies as match. Following state, federal and local guidelines for match is the responsibility of
the Court or its Contractor.
7of8
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.
8of8