HomeMy WebLinkAbout040918_ca14615 Sheridan Street
Port Townsend, WA 98368
www.JeffersonCountyPL&Iii��*(A�6@hg
March 14, 2018
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
TO:
FROM:
DATE:
SUBJECT:
AGENDA REQUEST
Board of County Commissioners
Philip Morley, County Administrator
Vicki Kirkpatrick, Director
Anna McEGr/Jnery, DD & 1/10th County Coordinator
zo/ Y
Agenda Item — a Memorandum of Understanding Agreement
to Jefferson County District Court; January 1, 2018 —
December 31, 2018; $44,412.00
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 of a Memorandum of Understanding
Agreement with the Jefferson County District Court, for Mental Health Court Case Management
Services for individuals affected by substance abuse, chemical dependency and mental health
issues; January 1, 2018 to December 31, 2018; $44,412.00.
ANALYSIS/ STRATEGIC GOALS/PRO'S and CON'S:
This Memorandum of Understanding, is with the Jefferson County District Court; for Mental
Health Court Case Management and other services for Jefferson County citizens with co-
occurring disorders, seeking mental health, 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
Jefferson County District Court; January 1, 2018 — December 31, 2018; $44,412.00.
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 District 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 District 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
District 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 Mental
Health Court case management and services in Jefferson County District Court;
WHEREAS, the 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 District 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, 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, 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;
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NOW, THEREFORE, it is mutually agreed that:
The County, as administrator of the Mental Health/Substance Abuse Sales Tax Fund 131, and
Jefferson County District Court mutually agree for the Court to provide case management services
and other services to individuals enrolled in Mental Health Court, as described in this MOU,
including EXHIBIT A: Scope of Work: Mental Health Court, attached hereto and incorporated
herein.
2. Funding from Fund 131 to the District Court Branch for the services pursuant to this MOU shall
be up to $44,412 in 2018 as described in the following table, subject to modification pursuant to
Section 4 of this MOU. District Court will use the funding from Fund 131 for direct services (e.g.
housing, urine analyses, Court incentives, out of custody assessments, in custody assessments,
training, and alternative to jail) for participants in Mental Health Court.
Description Service PeriodVmount from
Fund 131
Mental Health Court -Other Services: 1/1/18 —12/31/18
UA Instants
$250
UA Lab
$750
UA Safe Harbor
$7,500
Transitional Housing
$20,000
OlyCAP
$2,000
Gas Cards
$4,500
Incentives
$2,200
Jail Alternative
$700
Supplies
$400
Misc. ( phones, relicense, volunteer gas
$3,612
etc)
Staff Training
$500
Administration
$2,000
Total Funding for District Court $44,412
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.
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4. Funding provided by Fund 131 will be used to monitor participant compliance and as well as help
participants improve psychiatric symptoms and functioning, reduce substance use, reduce
hospitalizations, increase housing stability, reduce arrests, and improve quality of life. Funding
will be used to assist participants with the above areas. Funding listed in the table above are
approximations for each line item and may be shared between the descriptions. District Court will
not exceed the amount provided by Fund 131 without obtaining an appropriation.
District 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 District
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.
6. This MOU may be amended by mutual written agreement of both parties. The basis for amending
this agreement includes, but is not limited to, an increase or decrease in funding, or addition of
required tasks not addressed in this agreement.
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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
2018.
Jefferson County Board of Commissioners Jefferson County District Court
David Sullivan, Chair
Attest:
Carolyn Gallaway, Deputy Clerk of the Board
Approved as to Form Only:
Jill Landes, Presiding Judge
. C.
Philip Hunsucker, Chief Civil, Deputy Prosecutor
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EXHIBIT A
Scope of Work: Mental Health Court
Jefferson County District Court agrees to utilize the Fund 131 funds provided through this MOU to
provide the following services and provide tracking reports as follows:
Provide case management services for all citizens enrolled in Mental Health 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 the therapeutic court, such as the
Judge/Commissioner, Prosecutor, Public Defenders, and Treatment Providers.
• Provide administrative support for the smooth functioning of the therapeutic court as
may be required by District 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 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, mental illness may be eligible to participate in Mental Health Court.
Mental Health Court 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 Mental Health Court Staff..
Fund 131 funding provides support needed to operate Mental Health 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.
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4. The programs' logic model and performance measures are shown below:
...so that...
Input
Eligible adults
charged within
Jefferson County and
contracted
jurisdiction criminal
cases are referred,
screened and enter
MHC Program.
...so that.
Process
Participants engage in
treatment for mental
health and/or dually
diagnosed chemical
dependency, judicial
supervision, and
program monitoring.
...so that...
Output
Participants maintain
mental health stability,
do not abuse
substances, and do not
recidivate.
Outcome
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 the therapeutic court:
■ Provide monthly financial reports to Jefferson County through 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.
• District 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 service
contracts (and all amendments associated therewith) with the 131 funds under this MOU .
6. District Court will assure that case management services for Mental Health Court occur, and
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 District Court will ensure that quarterly electronic reports for each
therapeutic court are sent to Siri Kushner of Kitsap County Health District, 345 6`" Street,
Suite 300, Bremerton WA 98337 and/or siriAushiierna kilsappublichealth.org. and that a
copy of each electronic report is also sent to Anna McEnery of Jefferson County Public
Health at alnceneryfcg,co.e{#erson.wa.cts.
• 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. Any questions will
be referred back to the Court.
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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.
• 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.
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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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