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ConsentAgenda
Public He� October 12,2018
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:
SUBJECT: Agenda Item —Professional Services Agreement, MCS Counseling Group,
LLC; September 1, 2018 — June 30, 2019; $81,736.60.
STATEMENT OF ISSUE:
Jefferson County Public Health, (JCPH) 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 MCS Counseling
Group, LLC; September 1, 2018 to June 30, 2019; $81,736.60.
ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S:
This agreement is between JCPH and MCS Counseling Group, LLC for behavioral health counseling to children
and youth who are affected by mental health issues and enrolled in in the school districts of Port Townsend,
Chimacum, Quilcene, and Brinnon in Jefferson County, Washington.
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, 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,
Substance Abuse Advisory Committee.
RECOMMENDATION:
JCPH management requests approval of the Professional Services Agreement with MCS Counseling Group,
LLC; September 1, 2018 to June 30, 2019; $81,736.60.
REVIEWED BY:
(2.75-15
Ph' ' orley, Coy. - • ' • _ : Date
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
CONTRACT AGREEMENT
For Professional Services
Between
Jefferson County
And
MCS Counseling Group, LLC
For School Based Mental Health Services
Section 1: PURPOSE:
THIS AGREEMENT for Professional Services is entered into between Jefferson County herein
referred to as the "County" and MCS Counseling Group, LLC, (MCS) herein referred to as the
"Contractor"to provide behavioral health services in the school districts of Port Townsend,
Chimacum, Quilcene, and Brinnon for Jefferson County, Washington.
Section 2: TERMS:
This Agreement shall commence on September 1, 2018 and continue through June 30, 2019,
unless terminated as provided herein. Work performed between September 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:
MCS will provide behavioral health counseling to children and youth from grades K through 12,
enrolled in four districts in Jefferson County and shall attend monthly SBHC meetings and/or
meetings with School Counselors and Principals 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 MCS 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 JCPH Contract Representative
Timothy Miller, CEO Anna McEnery, DD Coordinator
MCS, Counseling Group, LLC Jefferson County Public Health
260 Kala Point Drive-Suite 99 615 Sheridan St.
Port Townsend, WA 98368 Port Townsend, WA 98368
(360) 698-5883 (360) 385-9410
MCS-SBHC 2018-2019 PAGE 1
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 $81,736.60 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
MCSR 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.
MCS-SBHC 2018-2019 PAGE 2
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.
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.
i. Upon request, Contractor will submit the most recent financial audit within 30 days.
ii. 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.
iii. 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.
iv. Audit will be 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 OMB Circular A-133.
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
MCS-SBHC 2018-2019 PAGE 3
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;
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.
MCS-SBHC 2018-2019 PAGE 4
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.
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
will be recorded on a form created or approved by the Public Health contracted Epidemiologist.
MCS 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 specified by Jefferson County Public Health and/or Kitsap County Health District,
as outlined in the 2018 and 2019 Quarterly Evaluation Reporting Templates.
• MCS will send 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, 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
MCS-SBHC 2018-2019 PAGE 5
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 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 , 2018.
BOARD OF COUNTY COMMISSIONERS
JEFFERSON COUNTY, WASHINGTON
David Sullivan, Chair
Jefferson County Board of County Commissioners
MCS Counseling Group, LLC
ATTEST:
Carolyn Gallaway, Deputy Clerk of the Board
APPROVED FORM:
O. C. / 41•••••• tg
Philip Hunsucker, Chief Civil eput Prosecutor
MCS—SBHC 2018-2019 PAGE 6
EXHIBIT A
Scope of Work
RESPONSIBILITIES:
The MCS Counseling Group, LLC, as a contracted provider, agrees to:
1) The COUNTY and the four (4) school districts agree to cooperate in order to provide
early behavioral health, intervention and treatment services in the schools for children or
youth grades K-12 who identify with behavioral health issues. MCS hours will be
distributed as 1 day a week at Brinnon SD, 1 day a week at Quilcene SD, 2 days a week
at Chimacum SD and 3 days a week at Port Townsend SD. 85 % of that time is spent
seeing students and 15% is spent on charting, travel or meetings.
2) Work with identified youth and their families throughout the school year to provide
individual counseling on a variety of issues and concerns including, but not limited to,
anger management, depression, stress, conflict resolution, relationship issues, feelings of
suicide, counseling for grief or loss, sexual and physical abuse, eating disorders, domestic
violence, mental illness, adjustment disorders, crisis events and substance use.
3) Work collaboratively with local mental health and substance abuse treatment agencies for
identified clients.
4) Allocate 85% of staff hours to clinical services.
5) Staff each site with licensed therapists who consistently work at the same site except for
needs for personal leave. Exceptions may only be made with the written approval of the
JCPH.
6) Provide the names of licensed therapists working in each school to School Districts and
JCPH.
7) Notify JCPH and the School Districts of any Counselor changes in writing, (before they
occur).
8) Notify JCPH and School Districts of any extended leave of absence for Counselors in
writing, (before they occur).
9) Notify the SBC if a Counselor is out sick and unable to make an appointment.
10)Provide background checks for all MCS employees working with children or youth who
provide services under this contract. School districts each have different requirements and
all require out of state FBI background checks for employees new to Washington State.
(Please verify requirements with the School District offices.)
11)Upon request, provide copies of background checks & Counselor resumes to JCPH.
MCS-SBHC 2018-2019 PAGE 7
12)Provide crisis interventions and emergency response services within MCS's scope of
practice.
13)Provide on-going supportive counseling as needed, to all youth. Services are not
dependent on Medicaid eligibility.
14)Work with children or youth to provide support services and referrals to behavioral health
or other treatment programs. Assist with the application and eligibility paperwork
necessary to receive outside services.
15)Contact parents or guardians of children or youth by following HIPPA laws and
Washington State laws concerning age of consent.
16)Assist school staff in identifying and developing strategies to assist students with
behavioral health issues.
duallyserved children or youth
17)Work with social services or other agencies as needed for s v
with behavioral health and/or chemical dependency issues.
18)Assure that the MCS Project Supervisor is available to provide weekly clinical and
supervisory oversight for the therapists providing services in this program.
19)Assure that the MCS Project Supervisor is available to attend Clinician meetings and
quarterly SBHC Advisory meetings in Port Townsend and Chimacum School Districts.
20)Assure that the MCS Project Supervisor is available to meet with the School
Superintendents and Principals at the Quilcene and Brinnon School Districts.
21)Assure that Counselors collaborate in weekly consultants with the SBHC team of health
and school professionals.
22)Maintain a secure and confidential records system guaranteeing HIPPA for behavioral
health and treatment services.
23)Assure that Counselor's offer each student an opportunity for session feedback by
providing a Likert-type rating scale.
24)Provide out a new"new client sheet" for every new client to services at each School.
25)Fill out a"visit details sheet"to collect information about the reasons for the visit,
referrals, and satisfaction with services, at every session.
MCS-SBHC 2018-2019 PAGE 8
26)Provide program data collection from the new client and visit details sheets, the number
and types of behavioral health issues, intervention and treatment services provided, will
be electronically uploaded to the SBHC data system.
27)Provide a yearly report on client(students and families), utilization, referrals, outcomes.
28)Assure that an Epidemiologist of the Kitsap County Health District has continued access
to the SBHC data system.
29)Attend and report to the Mental Health Substance Abuse Sales Tax Advisory Committee
once a year with progress and evaluation reports.
MCS-SBHC 2018-2019 PAGE 9
Exhibit B
Fee Schedule
Budget
MENTAL HEALTH COUNSELORS
.6 FTE Therapist(24 Hours/Week) $25,920
.4 FTE Therapist/Supervisor(16 Hours/Week) $23,040
.4 FTE Therapist(16 Hours/Week) $17,280
Health Insurance for Therapist/Supervisor $1,566
Supplies/Materials/Training $3,500
Travel $3,500
Indirect(@10%) $ 7,430.60
TOTAL COST $81,73660 or
Not to exceed $81,736.60 in completion of services for the duration of this
contract without express written amendment signed by both parties.
MCS—SBHC 2018-2019 PAGE10
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 MCSR
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.
MCS-SBHC 2018-2019 PAGE11
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.
MCS-SBHC 2018-2019 PAGE12
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