HomeMy WebLinkAbout100818_ca05615 Sheridan Street
Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
Public Heat JEFFERSON COUNTY
OARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Vicki Kirkpatrick, Director
Anna McEnery, DD Coordinator
DATE: 0?4. 211'1
SUBJECT: Agenda Item — Professional Services Agreement, Discovery
Behavioral Healthcare April 1, 2018 — December 31, 2018;
$20,563.20
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 Professional Services Agreement
with Discovery Behavioral Healthcare, April 1, 2018 to December 31, 2018; $20,563.20.
ANALYSIS/ STRATEGIC GOALS/PRO'S and CON'S:
This agreement is between JCPH and Discovery Behavioral Healthcare, (DBH) for case
management services for Jefferson County citizens with co-occurring disorders, seeking Mental
Health and Substance Use Disorder treatment.
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 Advisory Committee. The
agreement states if the sales tax revenue decreases the vendor will be contacted and the
contract may be renegotiated.
This Professional Services Agreement results from an RFP process and is recommended by the
Mental Health and Substance Abuse Advisory Committee.
RECOMMENDATION:
JCPH management request approval of the Professional Services Agreement with Discovery
Behavioral Healthcare; April 1, 2018 — December 31, 2018; $20,563.20.
T1T��E
Morley, CouAty Administrzct -')
Community Health
Developmental Disabilities
360-385-9400
Date
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
Section 1: PURPOSE:
THIS AGREEMENT 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" to provide services to serve Jefferson County citizens who have severe and
persistent mental illness with co-occurring disorders, seeking Mental Health and Substance Abuse
treatment in Jefferson County, Washington.
Section 2: TERMS:
This Agreement shall commence on April 1, 2018 and continue through December 31, 2018,
unless terminated as provided herein. Work performed between April 1, 2018 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 engage Jefferson County citizens with have severe and persistent mental illness in
services designed to reduce substance use disorders, chemical dependency and mental health
issues by providing Case Management services as outlined in EXHIBIT A, Scope of Work,
attached hereto and incorporated herein.
The goal of this funding and sales tax increase is to improve the quality of life for Jefferson
County citizens by improving access to mental health and substance use disorder 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
Susan Ehrlich, MD/ Interim CEO
Discovery Behavioral Healthcare
PO Box 565
Port Townsend, WA 98368
(360) 385-0321
DBH— CODIT Services 2018 PAGE 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 $20,563.20 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: Anna McEnery, for payment of work actually completed to date.
C. Monthly 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 pursuant to Section 11 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 services
including timesheets and statements (specifying the services provided). Any indirect
charges require the submittal of an indirect cost methodology and rate using 2 C.F.R.
Part 225 and 2 C.F.R. Part 230.
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— CODIT Services 2018 PAGE 2
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— CODIT Services 2018 PAGE 3
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 $2,000,000 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: 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.
DBH— CODIT Services 2018 PAGE 4
Section 10: 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 11: 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.
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 Philip Ramunno of Kitsap County Health District in a form
as specified by Jefferson County Public Health and/or Kitsap County Health District, as
outlined in 2018 Quarterly Evaluation Reporting Template.
• A copy of each electronic report to the JCPH Contract Representative.
• Upon request, additional reports of activities and services provided, to the JCPH Contract
Representative.
• The monthly invoice 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 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.
DBH— CODIT Services 2018 PAGE 5
Section 13.: MODIFICATION
This professional services agreement may be modified at any time by written agreement of either
parties and may be modified if tax revenue decreases.
Section 14: DISPUTE RESOLUTION:
Any dispute or disagreement concerning the terms and obligations of this Contract shall initially
be brought to the attention of the Public Health Director via a written document. The Public
Health Director shall make a determination with reasonable promptness (i.e., a decision within ten
business days shall be deemed to have been made with reasonable promptness). If the aggrieved
party is not happy with that decision, then the Jefferson County Administrator (or as may
hereafter be amended), will decide the appeal of the Director's decision.
Section 15: 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 112018.
BOARD OF COUNTY COMMISSIONERS
JEFFERSON COUNTY, WASHINGTON
David Sullivan, Chair
Jefferson Board of County Commissioners
Discovery Behavioral Healthcare
ATTEST:
Deputy Clerk of the Board
APPROVED AS TO FORM:
Philip Hunsucker, Chief Civil D uty Prosecutor
DBH— CODIT Services 2018 PAGE 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 who
are chronically mentally ill.
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.
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.
DBH— CODIT Services 2018 PAGE 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. Provide Mental Health Court service hours in those billed under Mental Health Court of
Drug Court, when requested.
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 residents for clients with co-
occurring disorders who are chronically mentally ill.
25. Bill other revenues such as SUD funding from the Salish BHO before accessing this
funding. 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.
DBH— CODIT Services 2018 PAGE 8
Exhibit B
Fee Schedule
FTE & Salaries
for each
Employee Employee
Tera Philips, $ $
CDP 64 2,284.80 20,563.20
Monthly $ $
Subtotal 2,284.80 201563.20
TOTAL COST
J $20,563.20
Not to exceed a total of $20,563.20 for the duration of this contract without express written
amendment signed by both parties.
DBH— CODIT Services 2018 PAGE 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 I/ I Oth 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.
DBH— CODIT Services 2018 PAGE 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— CODIT Services 2018 PAGE 11