HomeMy WebLinkAboutOlympic Peninsula Health Services - 011419PROFESSIONAL SERVICES AGREEMENT FOR
PROVIDING MAT SERVICES TO THE JEFFERSON COUNTY JAIL
THIS PROFESIONAL SERVICES AGREEMENT ("this Agreement") is entered into between the
County of Jefferson, a municipal corporation ("the County"), and Olympic Peninsula Health
Services PS, a Washington Professional Service Corporation ("OPHS"), together "the Parties," in
consideration of the mutual benefits, terms, and conditions specified below.
Proiect Designation. OPHS is retained by the County to perform the following Project:
Medication Assisted Treatment (MAT) to the Jefferson County Jail pursuant to the terms
of this Agreement and the terms of Jefferson County's Professional Services Contract for
Opiate Treatment Networks with the Washington State Health Care Authority, HCA
contract Number: K3285 ("the HCA Contract"), which is incorporated into this
Agreement by reference.
2. Scope of Services. Subject to subsequent grant funding, OPHS agrees to perform the
services as outlined in Schedule A: Scope of Work, attached hereto and incorporated
herein, and consistent with the terms and conditions of this Agreement, and the terms
and conditions of the HCA Contract.
3. Time for Performance. Work under this Agreement shall commence upon full execution
of this Agreement by both parties, and execution by the County of the HCA Contract.
OPHS shall perform all services and provide all work products required pursuant to this
Agreement on the dates listed on Schedule A: Scope of Work. Time is of the essence in
the performance of this Agreement.
4. Payment. OPHS shall be paid by the County for completed work and for services
rendered in conformance with this Agreement and the HCA Contract as follows:
Payment for the work provided by OPHS shall be made as provided on Schedule
A: Scope of Work attached hereto, provided that the total amount of payment to
OPHS shall not exceed $444,700 without express written modification of the
Agreement signed by the County.
b. OPHS may submit invoices to the County once per month during the progress of
the work for partial payment for project completed to date. Invoices shall
indicate which deliverable(s) (from the deliverables table included in Schedule A:
Scope of Work of this Agreement) is/are being invoiced and shall include
documentation sufficient to substantiate that the deliverable requirements have
been met. The County will review the invoices and supporting documentation,
and upon approval thereof, payment will be made to OPHS in the amount
approved. Payment of OPHS invoices shall occur within 30 days of receipt by the
County for any invoiced services not in dispute based on the terms of this
Agreement.
Professional Services Agreement, MAT Services to Jefferson County Jail Page 1 of 20
For deliverable No. 6 in Schedule A: Scope of Work of this Agreement, OPHS will
invoice the County monthly at a rate of $1,000 per unique individual, when
enrolled, which amount covers both the cost of providing the service and the
cost of medications provided.
d. Final payment of any balance due OPHS of the total Agreement price earned will
be made promptly upon its ascertainment and verification by the County after
the completion of the work under this Agreement and its acceptance by the
County. This includes any billing adjustments that may be allowed under
deliverable No. 7 in Schedule A: Scope of Work, if the benchmark is met of
serving 126 unique individuals and meeting an overall individual retention of
50% during the period covered.
e. Payment as provided in this section shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and
incidentals necessary to complete the work.
OPHS's 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 three (3) years after final payments. Copies shall be made available upon
request.
5. HIPAA Compliance, Access to Records, and Data Sharing. The Parties agree to comply
with the federal privacy and security laws and regulations enacted pursuant to the
Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and 42 CFR Part 2.
The Parties agree to share Data for the mutual patients that will be inducted inside the
Jail and followed in the outpatient settings. Since these patients will be seen by OPHS in
the Jail, any additional release of information will not be needed. All Data needed by
the State of Washington for the purpose of the HCA Contract will be shared and
collected in a collaborative manner both inside the Jail and post -release, as required by
the HCA Contract guidelines.
6. Ownership and Use of Documents. All documents, drawings, specifications, and other
materials produced by OPHS in connection with the services rendered under this
Agreement shall be the property of the County whether the project for which they are
made is executed or not. OPHS shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information, reference and use in
connection with OPHS's endeavors. OPHS shall not be held liable for reuse of
documents or modifications thereof, including electronic data, by County or its
representatives for any purpose other than the intent of this Agreement.
7. Compliance with laws. OPHS shall, in performing the services contemplated by this
Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this
Agreement.
Professional Services Agreement, MAT Services to Jefferson County Jail Page 2 of 20
8. Indemnification. To the extent of its comparative liability, each party agrees to
indemnify, defend and hold the other party, its elected and appointed officials,
employees, agents and volunteers, harmless from and against any and all claims,
damages, losses and expenses, including but not limited to court costs, attorney's fees
and alternative dispute resolution costs, for any personal injury, for any bodily injury,
sickness, disease or death and for any damage to or destruction of any property
(including the loss of use resulting therefrom) which are alleged or proven to be caused
by an act or omission, negligent or otherwise, of its elected and appointed officials,
employees, agents or volunteers.
A Party shall not be required to indemnify, defend, or hold the other Party harmless if
the claim, damage, loss or expense for personal injury, for any bodily injury, sickness,
disease or death or for any damage to or destruction of any property (including the loss
of use resulting therefrom) is caused by the sole act or omission of the other Party.
In the event of any concurrent act or omission of the Parties, negligent or otherwise,
these indemnity provisions shall be valid and enforceable only to the extent of each
Party's comparative liability.
The parties agree to maintain a consolidated defense to claims made against them and
to reserve all indemnity claims against each other until after liability to the claimant and
damages, if any, are adjudicated. If any claim is resolved by voluntary settlement and
the Parties cannot agree upon apportionment of damages and defense costs, they shall
submit apportionment to binding arbitration.
9. Insurance. Prior to commencing work, OPHS shall obtain at its own cost and expense
the following insurance coverages specified below and shall keep such coverages in
force during the terms of the Agreement.
Automobile Liability Insurance. OPHS shall maintain automobile liability insurance or
equivalent form with a limit of not less than $500,000 each accident for bodily injury
and not less than $100,000 each accident for property damage. If a personal lines
automobile liability policy is used to meet this requirement, it must include a business
rider and must cover each vehicle to be used in the performance of the Agreement and
the certificates of insurance must evidence that these conditions have been met. If
OPHS will use non -owned vehicles in performance of the Agreement, the coverage will
include owned, hired, and non -owned automobiles.
Commercial General Liability Insurance. OPHS shall maintain Commercial General
Liability Insurance in an amount not less than a single limit of one million dollars
($1,000,000) per occurrence and an aggregate of not less than two (2) times the
occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and
property damage, unless a greater amount is specified in the Agreement specifications.
Professional Services Agreement, MAT Services to Jefferson County Jail Page 3 of 20
The insurance coverage shall contain no limitations on the scope of the protection
provided and include the following minimum coverage:
Broad Form Property Damage, with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
C. Broad Form Contractual/Commercial Liability — including coverage for products
and completed operations;
d. Premises — Operations Liability (M&C);
e. Independent Contractors and subcontractors;
Blanket Contractual Liability.
Professional Liability Insurance. OPHS shall maintain professional liability insurance
against legal liability arising out of activity related to the performance of this
Agreement, on a form acceptable to Jefferson County Risk Management in the amounts
of not less than $1,000,000 Each Claim and $6,000,000 Aggregate. The professional
liability insurance policy should include coverage for all OPHS staff and subcontractors
providing care to inmates under this Agreement. The professional liability insurance
policy should be on an "occurrence" form. If the professional liability policy is "claims
made," then an extended reporting periods coverage (tail coverage) shall be purchased
for three (3) years after the end of this Agreement, at OPHS's sole expense. OPHS
agrees OPHS's insurance obligation to provide professional liability insurance shall
survive the completion or termination of this Agreement for a minimum period of three
(3) years.
The County shall be named as an "additional named insured" under all insurance
policies required by this Agreement, except Professional Liability Insurance when not
allowed by the insurer.
Such insurance coverage shall be evidenced by one of the following methods: (a)
Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of Credit
from a qualified financial institution.
OPHS shall furnish the County with properly executed certificates of insurance that, at a
minimum, shall include: (a) The limits of overage; (b) The project name to which it
applies; (c) The certificate holder as Jefferson County, Washington and its elected
officials, officers, and employees with the address of Jefferson County Risk
Management, P.O. Box 1220, Port Townsend, WA 98368, and, (d) A statement that the
insurance policy shall not be canceled or allowed to expire except on thirty (30) days
prior written notice to the County. If the proof of insurance or certificate indicating the
County is an "additional insured" to a policy obtained by OPHS 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 OPHS to obtain the full text of that endorsement and forward
Professional Services Agreement, MAT Services to Jefferson County Jail Page 4 of 20
that full text to the County. Certificates of coverage as required by this section shall be
delivered to the County within fifteen (15) days of execution of this Agreement.
Failure of OPHS to take out or maintain any required insurance shall not relieve OPHS
from any liability under the Agreement, nor shall the insurance requirements be
construed to conflict with or otherwise limit the obligations concerning indemnification
of the County.
OPHS's 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, with the exception of Professional Liability Insurance,
so affected shall protect both parties and be primary coverage for all losses covered by
the above described insurance.
Insurance companies issuing the policy or policies shall have no recourse against the
County (including its employees and other agents and agencies) for payment of any
premiums or for assessments under any form of policy.
All deductibles in the above described insurance policies shall be assumed by and be at
the sole risk of OPHS.
Any deductibles or self-insured retention shall be declared to and approved by the
County prior to the approval of this Agreement by the County. At the option of the
County, the insurer shall reduce or eliminate deductibles or self-insured retention, or
OPHS shall procure a bond guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
Any judgments for which the County may be liable, in excess of insured amounts
required by this Agreement, or any portion thereof, may be withheld from payment
due, or to become due, to OPHS until OPHS shall furnish additional security covering
such judgment as may be determined by the County.
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 OPHS must provide in order to comply with this Agreement.
The County may, upon OPHS's failure to comply with all provisions of this Agreement
relating to insurance, withhold payment or compensation that would otherwise be due
to OPHS.
OPHS's liability insurance provisions shall be primary and noncontributory with respect
to any insurance or self-insurance programs covering the County, its elected and
appointed officers, officials, employees, and agents.
Any failure to comply with reporting provisions of the insurance policies shall not affect
coverage provided to the County, its officers, officials, employees, or agents.
Professional Services Agreement, MAT Services to Jefferson County Jail Page 5 of 20
OPHS's insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
OPHS shall include all subcontractors as insured under its insurance policies or shall
furnish separate certificates and endorsements for each subcontractor. All insurance
provisions for subcontractors shall be subject to all the requirements stated herein.
The insurance limits mandated for any insurance coverage required by this Agreement
are not intended to be an indication of exposure nor are they limitations on
indemnification.
OPHS shall maintain all required insurance policies in force from the time services
commence until services are completed. Certificates, insurance policies, and
endorsements expiring before completion of services shall be promptly replaced. All
the insurance policies required by this Agreement shall provide that thirty (30) days
prior to cancellation, suspension, reduction or material change in the policy, notice of
same shall be given to the County Risk Manager by registered mail, return receipt
requested.
OPHS shall place insurance with insurers licensed to do business in the State of
Washington and having A.M. Best Company ratings of no less than A-, with the
exception that excess and umbrella coverage used to meet the requirements for limits
of liability or gaps in coverage need not be placed with insurers or re -insurers licensed in
the State of Washington.
The County reserves the right to request additional insurance on an individual basis for
extra hazardous contracts and specific service agreements.
10. Worker's Compensation (Industrial Insurance).
If and only if OPHS employs any person(s) in the status of employee or employees
separate from or in addition to any equity owners, sole proprietor, partners, owners or
shareholders of OPHS, OPHS shall maintain workers' compensation insurance at its own
expense, as required by Title 51 RCW, for the term of this Agreement and shall provide
evidence of coverage to Jefferson County Risk Management, upon request.
Worker's compensation insurance covering all employees with limits meeting all
applicable state and federal laws. This coverage shall include Employer's Liability with
limits meeting all applicable state and federal laws.
This coverage shall extend to any subcontractor that does not have their own worker's
compensation and employer's liability insurance.
The indemnification obligations of the Parties shall not be limited in any way by the
Washington State Industrial Insurance Act, RCW Title 51, or by application of any other
workmen's compensation act, disability benefit act or other employee benefit act. Each
Professional Services Agreement, MAT Services to Jefferson County Jail Page 6 of 20
Party hereby expressly waives any immunity afforded by such acts to the extent
required by a Party's obligations to indemnify, defend and hold harmless the other Party
or Parties A Party's waiver of immunity does not extend to claims made by its
employees directly against the Party as employer. The foregoing indemnification
obligations of the Parties are a material inducement to enter into this Agreement and
have been mutually negotiated.
If the County incurs any costs to enforce the provisions of this subsection, all cost and
fees shall be recoverable from OPHS.
11. Independent Contractor. OPHS and the County agree that OPHS is an independent
contractor with respect to the services provided pursuant to this Agreement. OPHS
specifically has the right to direct and control OPHS's own activities, and the activities of
its subcontractors, employees, agents, and representatives, in providing the agreed
services in accordance with the specifications set out in this Agreement. Nothing in this
Agreement shall be considered to create the relationship of employer and employee
between the parties. Neither OPHS nor any employee of OPHS shall be entitled to any
benefits accorded County employees by virtue of the services provided under this
Agreement, including, but not limited to: retirement, vacation pay; holiday pay; sick
leave pay; medical, dental, or other insurance benefits; fringe benefits; or any other
rights or privileges afforded to Jefferson County employees. 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 OPHS, or any employee of OPHS.
12. Subcontracting Requirements.
OPHS is responsible for meeting all terms and conditions of this Agreement including
standards of service, quality of materials and workmanship, costs, and schedules.
Failure of a subcontractor to perform is no defense to a breach of this Agreement.
OPHS assumes responsibility for and all liability for the actions and quality of services
performed by any subcontractor.
Every subcontractor must agree in writing to follow every term of this Agreement.
OPHS must provide every subcontractor's written agreement to follow every term of
this Agreement before the subcontractor can perform any services under this
Agreement. The Public Health Director or their designee must approve any proposed
subcontractors in writing.
Any dispute arising between OPHS and any subcontractors or between subcontractors
must be resolved without involvement of any kind on the part of the County and
without detrimental impact on OPHS's performance required by this Agreement.
Professional Services Agreement, MAT Services to Jefferson County Jail Page 7 of 20
13. Covenant Against Contingent Fees. OPHS warrants that he has not employed or
retained any company or person, other than a bona fide employee working solely for
OPHS, to solicit or secure this Agreement, and that he has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for OPHS, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, the County shall have the right to annul this Agreement without
liability or, in its discretion to deduct from the Agreement price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee,
gift, or contingent fee.
14. Discrimination Prohibited. OPHS, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, color, national origin, religion,
creed, age, sex, or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
15. No Assignment. OPHS shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the County. Assignment does not
include printing or other customary reimbursable expenses that may be provided in an
agreement.
16. Non -Waiver. Waiver by the County of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
provision.
17. Termination.
a. The County reserves the right to terminate this Agreement at any time by giving
ten (10) days written notice to OPHS.
b. In the event of the death of a member, partner, or officer of OPHS, or any of its
supervisory personnel assigned to the project, the surviving members of OPHS
hereby agree to complete the work under the terms of this Agreement, if
requested to do so by the County. This section shall not be a bar to
renegotiations of this Agreement between surviving members of OPHS and the
County, if the County so chooses.
18. Notices. All notices or other communications which any party desires or is required to
give shall be given in writing and shall be deemed to have been given if hand -delivered,
sent by facsimile, email, or mailed by depositing in the United States mail, prepaid to
the party at the address listed below or such other address as a party may designate in
writing from time to time.
Professional Services Agreement, MAT Services to Jefferson County Jail Page 8 of 20
Notices to the County shall be sent to the following address:
David Fortino, Jail Superintendent
Jefferson County Sheriff's Office
79 Elkins Rd.,
Port Hadlock, WA 98339-9700
Notices to OPHS shall be sent to the following address:
Annie Failoni, President
Olympic Peninsula Health Services, PS
661 Ness Corner Road
P.O. Box 574
Port Hadlock, WA 98339
19. Integrated Agreement. This Agreement, including the HCA Contract which is adopted by
reference, together with attachments or addenda to this Agreement, represents the
entire and integrated Agreement between the County and OPHS and supersedes all
prior negotiations, representations, or agreements written or oral. No representation
or promise not expressly contained in this Agreement has been made. This Agreement
supersedes all prior or simultaneous representations, discussions, negotiations, and
agreements, whether written or oral, by the County within the scope of this Agreement.
OPHS ratifies and adopts all statements, representations, warranties, covenants, and
agreements contained in its proposal, and the supporting material submitted by OPHS,
accepts this Agreement and agrees to all of the terms and conditions of this Agreement.
20. Modification of this Agreement. This Agreement may be amended only by written
instrument signed by both County and OPHS.
21. Disputes. The Parties agree to use their best efforts to prevent and resolve disputes
before they escalate into claims or legal actions. Any disputed issue not resolved
pursuant to the terms of this Agreement shall be submitted in writing within 10 days to
the County Risk Manager, whose decision in the matter shall be final, but shall be
subject to judicial review. If either party deem it necessary to institute legal action or
proceeding to enforce any right or obligation under this Agreement, each party in such
action shall bear the cost of its own attorney's fees and court costs. Any legal action
shall be initiated in the Superior Court of the State of Washington for Jefferson County.
The parties agree that all questions shall be resolved by application of Washington law
and that the parties have the right of appeal from such decisions of the Superior Court
in accordance with the laws of the State of Washington. OPHS hereby consents to the
personal jurisdiction of the Superior Court of the State of Washington for Jefferson
County.
Professional Services Agreement, MAT Services to Jefferson County Jail Page 9 of 20
22. Section Headings. The headings of the sections of this Agreement are for convenience
of reference only and are not intended to restrict, affect, or be of any weight in the
interpretation or construction of the provisions of the sections or this Agreement.
23. Limits of Any Waiver of Default. No consent by either party to, or waiver of, a breach by
either party, whether express or implied, shall constitute a consent to, waiver of, or
excuse of any other, different, or subsequent breach by either party.
24. No Oral Waiver. No term or provision of this Agreement will be considered waived by
either party, and no breach excused by either party, unless such waiver or consent is in
writing signed on behalf of the party against whom the waiver is asserted. Failure of a
party to declare any breach or default immediately upon the occurrence thereof, or
delay in taking any action in connection with, shall not waive such breach or default.
25. Severability. Provided it does not result in a material change in the terms of this
Agreement, if any provision of this Agreement or the application of this Agreement to
any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the
remainder of this Agreement and the application this Agreement shall not be affected
and shall be enforceable to the fullest extent permitted by law.
26. Binding on Successors, Heirs and Assigns. This Agreement shall be binding upon and
inure to the benefit of the parties' successors in interest, heirs, and assigns.
27. No Third -party Beneficiaries. The parties do not intend, and nothing in this Agreement
shall be construed to mean, that any provision in this Agreement is for the benefit of
any person or entity who is not a party.
28. Signature in Counterparts. The parties agree that separate copies of this Agreement
may be signed by each of the parties and this Agreement shall have the same force and
effect as if all the parties had signed the original.
29. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic
signatures shall have the same force and effect as original signatures.
30. Arms -Length Negotiations. The parties agree that this Agreement has been negotiated
at arms -length, with the assistance and advice of competent, independent legal counsel.
31. Public Records Act. Notwithstanding the provisions of this Agreement to the contrary,
to the extent any record, including any electronic, audio, paper or other media, is
required to be kept or indexed as a public record in accordance with the Washington
Public Records Act, Chapter 42.56 RCW, as may hereafter be amended, OPHS agrees to
maintain all records constituting public records and to produce or assist the County in
producing such records, within the time frames and parameters set forth in state law.
OPHS further agrees that upon receipt of any written public record request, OPHS shall,
Professional Services Agreement, MAT Services to Jefferson County Jail Page 10 of 20
within two business days, notify the County by providing a copy of the request per the
notice provisions of this Agreement.
32. Confidentiality. With respect to all information relating to County that is confidential
and clearly so designated, OPHS agrees to keep such information confidential. OPHS
shall not disclose, transfer, or sell any such information to any party, except as provided
by law or, in the case of personal information, with the prior written consent of the
person to whom the personal information pertains. OPHS shall maintain the
confidentiality of all personal information and other information gained by reason of
this Agreement, and shall return or certify the destruction of such information if
requested in writing by Jefferson County. This Agreement, once executed, will be a
"public record" subject to production to a third party if same is requested pursuant to.
the Washington Public Records Act, Chapter 42.56 RCW, as may hereafter be amended.
33. Criminal History/Background Check. Each of OPHS's employees, the employees of any of
OPHS's approved subcontractor, or volunteers used by OPHS shall submit to a
Washington State Patrol fingerprint identity and criminal history check before they are
authorized to perform services for the Project. The County agrees to bear all reasonable
costs incurred in the performance of this fingerprint identity and criminal history check.
Contractors who may or will have regular access or limited access to any juveniles shall
also:
a. Require that each of OPHS's employees, the employees of any of OPHS's approved
subcontractor, or volunteers used by OPHS undergo not less often than once every
three (3) years another Jefferson County approved criminal history and
background check;
b. Ensure all employees, subcontractors, or volunteers are knowledgeable about the
crimes included in RCW 9A.44, Sex Offenses.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Professional Services Agreement, MAT Services to Jefferson County Jail Page 11 of 20
JEFFERSON COUNTY WASHINGTON
Board of County Commissioners
Jefferson County, Washington
Kate Dean, Chair Date
J
David Sullivan,,Commissioner Date
,,�(:6perton, Commissioner Date
ATTFST- u�
' °y Vic-
Carolyn' allaway Date
Deputy Clerk of the Board
Approved as to form only:
C. I /it
/1 '7
Philip C. Hunsucker ate
Chief Civil Deputy Prosecuting Attorney
OLYMPIC PENINSULA
HEALTH SERVICES PS
By:�--
Ann Failoni, President Date
Professional Services Agreement, MAT Services to Jefferson County Jail Page 12 of 20
Schedule A:
Statement of Work
Task
Party(s) Responsible
1. Performance Work Statement. The Contractor
County Jail will serve as the Initiation
shall serve as the Initiation Site and be
Site. See responsible parties in
responsible for:
paragraphs a. -x, below.
a. Bringing MAT initiation, referral, and retention to an
OPHS will provide these services to the
individual prior to his or her transfer to the Local MAT
County, except as noted below:
Treatment Site, ensuring MAT capacity is maintained at
• County staff will do initial screening
both the Initiation and Local MAT Treatment Site(s).
for referral upon an individual's
entry into the Jail, using criteria and
procedures provided by OPHS.
OPHS staff will visit the Jail 2-3 times
per week to confirm the accuracy of
screenings and referrals. OPHS staff
are available on-call during
weekends to provide assistance with
screening if needed.
• County will obtain MAT medications
prescribed by OPHS for individuals in
custody. County or its medical
service provider will administer MAT
medications to enrolled individuals
in custody as prescribed by OPHS,
except that OPHS will administer
Vivitrol to individuals in custody.
OPHS will be responsible for all
activities at Local MAT Treatment
Sites outside the Jail.
b. Serving as the lead organization and recipient of
County is the lead organization and
funding for the development and implementation of an
recipient of funding. OPHS is a
Opioid Treatment Network model for adults with an
subconsultant to the County, and is
Opioid Use Disorder who are Medicaid eligible or low
responsible for operating the Opioid
income. OTN will give priorityto:
Treatment Network.
(1) Individuals at highest risk of overdose and death.
(2) Tribal members to address their OUD needs.
(3) MAT services for Pregnant and Parenting individuals
with OUD.
(4) MAT services for IV drug users.
c. Ensuring services at the Initiation Site and Local MAT
OPHS
Treatment Site(s) begin no later than February 1, 2019.
d. Monitoring and ensuring MAT is initiated to a minimum
Screening and referring inmates into
of 126 unique individuals no later than September 29,
MAT is shared by OPHS and County, as
2019 at the Initiation Site.
described in 1.a., above.
e. Holding responsibility for oversight of the OTN, and
OPHS has primary responsibility, with
ensuring the Local MAT Treatment Site(s) are working
support from County.
in coordination (including participation in regularly
scheduled leadership meetings and educational and
technical assistance opportunities) and meet the terms
of the project, contract, goals and project deliverables.
Professional Services Agreement, MAT Services to Jefferson County Jail Page 13 of 20
Task
Party(s) Responsible
f. Ensuring travel per diem, computers, office supplies, and
County
all other supplies and tools necessary to perform
defined duties are provided to staff at the Initiation Site
and Local MAT Treatment Site(s) (through contract).
g. Ensuring a low -barrier medication model.
OPHS with support by the County.
h. Providing both agonist and antagonist MAT medications
OPHS
(on-site or in relationship with a pharmacy) in order to
• County will obtain MAT medications
facilitate initial inductions and ongoing treatment.
prescribed by OPHS for individuals in
custody. County or its medical
service provider will administer MAT
medications to enrolled individuals
in custody as prescribed by OPHS,
except that OPHS will administer
Vivitrol to individuals in custody.
OPHS will be responsible for all
activities at Local MAT Treatment
Sites outside the Jail.
i. Providing intensive services by developing a central
OPHS
Initiation Site to provide MAT, and a warm hand-off to
a Local MAT Treatment Site(s) for continuity of care
through the usage of a coordinated network team and
processes. Local MAT Treatment Site(s) will provide
referrals for other behavioral health and ancillary
services necessary to address the individual's holistic
medical and recovery needs, including tobacco
cessation services when appropriate. Build, strengthen,
and maintain referral relationships between Initiation
Site and Local MAT Treatment Site(s).
j. Hiring and/or contracting up to 2.0 FTEs to cover the
OPHS
functions listed below at the Initiation Site. Through
subcontracting, provide for staffing at Local MAT
Treatment Site(s). Specific staffing arrangements will be
determined by Initiation Site. The following functions
are required (individual staff may perform multiple
functions):
(1) OTN Nurse Care Manager (NCM): The NCM's
primary responsibilities are to provide medical
support to the prescribing physicians or other
waivered practitioners. Duties of the NCM will
include, but are not limited to: individual screening,
MAT education, assisting with MAT inductions,
taking vital signs, drug testing, lab work, medical
assessments, charting, care planning, stabilization,
observation and maintenance, ongoing
coordination of follow-up care, relapse prevention,
and support for an individual's self-management.
(2) OTN Care Navigator: The Care Navigator expedites
enrollment into Medicaid as necessary, conducts
screenings, assessments and evaluations, provides
education, and coordinates referrals for MAT (and
tobacco cessation services if appropriate). Care
Professional Services Agreement, MAT Services to Jefferson County Jail Page 14 of 20
Task
Party(s) Responsible
Navigators assist with data collection requirements
and facilitate referrals for infectious disease
screenings, housing, employment services,
withdrawal management services, transportation,
referral to OUD or behavioral health counseling,
and provide a warm hand-off to a MAT provider
upon an individual's transfer from any current
treatments.
(3) OTN Data Collection Coordinator (Coordinator): The
Coordinator is responsible for managing all data
collection activities and serves as the liaison
between the OTN, DBHR and RDA. The Coordinator
must become competent in all aspects of GPRA
data collection required for this project (including
completion of SAMHSA GRPA training) and be
available and responsive to project evaluators.
(4) OTN MAT Prescriber: Continue to employ and or
contract at least one prescriberand at least one
back-up prescriber with a current DATA -2000
Waiver (in case of primary prescriber absence) at
the Initiation Site.
k.
Ensuring specific tools, such as job descriptions and
OPHS
statements of work, are developed to ensure consistent
practice throughout the OTN.
I.
Obtain Tobacco Treatment Specialist (TTS) certification
OPHS
by completing the 240 post- training service hours
required for the certification.
m.
Identifying, collaborating, and subcontracting with
County
Local MAT Treatment Site(s) that are willing to support
and embrace MAT and are responsible for providing
integrated carethat includes therapy, SLID counseling,
outreach, MAT education, case management, tobacco
cessation services, and/or referral services.
n.
Ensuring policies and procedures are in place
OPHS in collaboration with County and
throughout the OTN to mitigate medication diversion.
County's medical service provider(s).
o.
Securing and maintaining release -of -information forms
County, using forms developed by OPHS
that meet federal confidentiality regulations and allow
in coordination with the County and the
the release of patient identifying information between
County's medical services provider(s).
Initiation Site and Local MAT Treatment Site(s) and to
DSHS RDA for the purpose of program monitoring and
performance evaluation.
p.
Working collaboratively with the University of
OPHS and County, both.
Washington Alcohol and Drug Abuse Institute Technical
Assistance staff to identify training needs and
participate in peer-to-peer and educational learning
opportunities including the utilization of EBPs.
q.
Meeting at a minimum, monthly (phone or in-person)
County and OPHS will jointly participate
with the HCA Contract Manager or SOR Project Director
in monthly meetings with HCA Contract
or Treatment Manager to discuss project contract
Manager.
requirements, compliance, technical assistance needs,
and problem -solving.
Professional Services Agreement, MAT Services to Jefferson County Jail Page 15 of 20
Task
Party(s) Responsible
r. Ensuring the use of a certified electronic health record
OPHS will be responsible, utilizing the
system, and review of the Prescription Monitoring Drug
County's existing certified electronic
Program data, when available and appropriate.
health record system, Amazing Charts.
s. Ensuring patient assessments utilized for MAT
OPHS
treatment services are consistentand transferable
across the Opioid Treatment Network.
t. Data Collection Requirements shall include:
OPHS
(1) Government Performance and Results Act (GPRA):
(a) OTNs are required to have staff collect data on
all individuals receiving services at the
Initiation Site (and subsequent MAT services
received). The data collection consists of
multiple individual interviews and a participant
log. Initiation Sites are responsible for ensuring
data collection for individuals prior to and after
warm hand- offs, including coordination of data
collection with Local MAT Treatment Site(s)
staff.
(b) Participant interviews are based on the GPRA
Client Outcome Measures Tool.' OTN staff will
conduct face-to-face interviews, compile
answers, and enter the results into the web -
based, SAMHSA Performance Accountability
and Reporting System (SPARS) or alternative
data collection system.2 OTN staff must collect
survey data at four points for each individual
served:
(c) Intake: GPRA Baseline interview is to be
completed as soon as possible with every
individual who begins MAT at a facility in your
network.
(d) Three-month follow-up: completed from one
month before to two months after the
scheduled follow-up date—regardless of an
individual's discharge status. OTNs failing to
complete 80 percent of follow-up surveys must
submit corrective action plans and
demonstrate improved performance.
(e) Six-month follow-up: completed one month
before to two months after the scheduled
follow-up date—regardless of individual
discharge status. OTNs failing to complete 80
percent of follow-up surveys must submit
corrective action plans and demonstrate
improved performance.
(f) Discharge: to be completed within 15 days for
all individuals leaving treatment.
Administrative discharges (without interviews)
are required for those lost to follow- up.
(g) SAMHSA's Performance Accountability and
Reporting System (SPARS) accounts, online
Professional Services Agreement, MAT Services to Jefferson County Jail Page 16 of 20
Task
Party(s) Responsible
training, and survey templates will be provided
to OTNs (unless an alternative system is
identified); Project Evaluation (RDA) will
provide OTN staff with technical assistance as
needed.
(h) GPRA Client Outcome Tool Implementation
Delay: There will be a delay in implementation
of the GPRA tool. Sites will not be considered
out of compliance during this delay period by
SAMHSA. RDA and SOR Treatment Manager
will inform Initiation Sites of the required start
dates for GPRA data collection and training.
(2) Research and Data Analysis (RDA): Maintain and
County, with support as needed by
submit monthly through a secure DSHS portal to
OPHS.
RDA, a participant data log template (to be
provided) from thelnitiation Site only that includes,
but is not limited to the following for every new
MAT treatment episode:
First name, last name and middle initial; date of
birth; Social Security Number; gender; race;
ethnicity; treatment start date (induction date);
MAT drug prescribed (methadone, Bup-mono, Bup-
combo, Naltrexone -Injectable; Naltrexone -Oral),
transfers to Local MAT Provider, discharge date and
discharge status (completed, transferred or lost to
follow up).
(3) DBHR: Submit a Monthly Report as detailed in the
Deliverables Table with the invoice to the DBHR
Contract Manager, including, but not limited to: the
number of individuals inducted and successfully
transferred to local MAT treatment, barriers and
successes,' technical assistance needs and staff
changes.
u. Promoting abstinence from tobacco products (except
OPHS
with regard to accepted tribal traditional practices) and
integrating tobacco cessation strategies, medications
and services in coordination with the Department of
Health's (DOH's) Tobacco and Vapor Product Prevention
and Control Program (TVPPCP).
(1) Training of two (2) staff as Tobacco Treatment
Specialists (TTS) to incorporate tobacco cessation as
part of treatment (direct training costs will be
covered by DOH, and the 240 service hours
required for TTS certification are eligible for partial
reimbursement through this contract).
(2) General tobacco -free training of three (3)
additional staff on the best practices of tobacco use
screening and cessation counseling with individuals
in SLID treatment, including training on cross -
addiction, application of the Screening, Brief
Professional Services Agreement, MAT Services to Jefferson County Jail Page 17 of 20
Task
Party(s) Responsible
Intervention, and Referral to Treatment (SBIRT)
model of SUD treatment to the Ask, Advise, and
Refer model of nicotine dependence treatment.
(3) Ongoing technical assistance from TVPPCP for
tobacco cessation practices and implementation of
tobacco -free facility policies.
v. Participating in a pilot program in which patients are
OPHS
referred for tailored, augmented tobacco cessation
services through the Washington State Tobacco
Quitline (WAQL). This pilot program will include the
following:
(1) Training of staff on WAQL referral and feedback
reporting processes.
(2) Provision of augmented tobacco cessation services,
including up to seven (7) telephone counseling calls
and 12 weeks of nicotine replacement therapy,
annually, per individual.
(3) Reporting of patients' tobacco cessation progress.
w. Assisting in the preparation of reports (e.g., SAMHSA
OPHS in coordination with County.
Annual Report, SAMHSA Bi -annual Report) and other
data requested by SAMHSA, their designee, or the HCA
Contract Manager.
x. Ensuring the utilization of third party and other revenue
OPHS
realized from provision of services to the extent
possible and use SAMHSA grant funds only for services
to individuals who are not covered by public or
commercial health insurance programs, or for services
that are not sufficiently covered by an individual's
health insurance plan. Facilitate the health insurance
application and enrollment process for eligible
uninsured clients.
1 https://www.samhsa.gov/sites/default/files/GPRA/sais gpra client outcome instrument final.pdf A
shorter version of this instrument will be used for this grant, however, it has not yet been finalized.
2 Your staff must enter surveys into SPARS within seven days. When the interview takes place, say, prior to or after
induction, will depend on the setting, individuals, and workflows.
Professional Services Agreement, MAT Services to Jefferson County Jail Page 18 of 20
.Q
H
m
L
O
N
O
O�
a
R
m
C
m
m
m
m
.l
�
toao
m
«
-
c
0
0
U
V?
V?
V?
VT
V?
V?
v?
V}
V!
rl
O
O
O
O
O
O
Q
O
O
Ln
O
O
r1t.
O
O
n
M
O O o
O
n
q
V
Ln
m
00
Ln
to
N
rn
e-1
n
IM
p O-
M
M
N
_
N
LO n
CL
N V? m O
O@�
o
L
o E Y
C
: c fl E
v*
V!
0
O
O
O
O
O
O
O
O
O
O
E
to
Ln
m
c
UD
0
V
en
e-1
00
N
O
�
M
a
O
X
u,�
r
H
vYi
u
Q
ui
N >
O WOU
U
61 >
cn
O
Ou
Y N
m C
'p
's0
-p y aL+ 0J
^
H
=
0)
+
D1
e '1
MC
e-1
L m^
p Y C L
v 3
Y O L m
OJ
X
X
c L do
O a' C L
O
N
m
,�
N
N
O/
O
N
- T O L a
3 •�
�O L c
a p
,�
0
- T O L "O
3 •�
N
o
v
r
v m-
Y o
v L
Y m O
*
v m-
Y w c o
i
O
o
n
0
E
m
u
J
a c Y✓
m
a yL ->
e
a c w H
c
m
w E'EE3 w
'°J Oj 3o
Ec ELL
3
3c
taA
C
O
T N
X
w— L a+ 'p v1
uYOi Q H
Q
m O
L
0 3_ p 7 0 a/
4
Y
N u 0
b0 0)
d CO
m
>> O1
E m o o
Q. _�
E
-FO^
am+ m C C C
m a o Y o w
Z
c
a0+ O an N O
fl `o
— d p
E
m c O u T OJ T k6
_"= u w-
o
w �
3 c o
-'p X
m m o-0 w
ai a� n
7a EY
c v m
o w
> o
m o> a
EN H
O w
'� p v n
L c
m T
v +� `� .E
F- y,, >
y `w
C
E m
0 0 y
'> U m i o 3 m n >
Y
r
O m C Q) q0
C d N
v
7 N N
c
"O m — m 0 u O w
3
U d O O) am+
O
Q O/
C O1 Y m C .--1 p O O
yyj O!
C 7 C C
m E C
E
C V1 L
O) O) >, Vf 'm v? Y d Q N
C
m -p am+ m
U C
Y
7 m E
00 >
7 E L E p L m lLn
0
E
E O)
N
O
Om0 — C
m m r C
m
Y O) Y
>
,p C
_� o i C
C C N u
W
a
y m
L
N
C ?� '6 C 1O
m O) CD Y
W 'O H
u '�
> E
7
7 m y L+ E j C
'O > Y m E Y O m
`
m
In O Q
C E
C Ou p �' m '� C m E
Y
m
i
U Y d m C
Q. O
p "O U +� a� O1 Y T
O)
y
C
c
m
7
u 0 0) O
m H m
;. H /p 0
O N
.c
C� E
C E 'p S am. m E O O.
O T m
00
N
CO C m `� 00
= N u
_
E�
O) fl. C E m p a C Y_
C y�
O 'O
N
._
LL
p Q o
U u� c 0
m Y
p
60
m 0 $
0 G m O +' m'
in y m u w m >i
m
Y—
7 N
'�
>,
4
Q n •> — Q
30 N
U Y
O. N C
O N Y
Y m
_ L E a m L 75 -o
m +". N O1
Y Y
U m
Vf
L
cu
0 7 m O)
o w
`j
v
u
0 O- O
c o- oo
U m a n
W> p W y u c E E
10
L
'.�
O)
o d L
i Q L C
v u E
E Z O m
o v
O) 00 O L
E m E a E = p
C O E m 0 v m u
0)
of
O C Y O) O
N F- U u
N C 1p =
m m
m 1f1 m 01 L OI L
I= w3
m ~
N
O
Y E
O1 0) t!
O, .--1 3
Y 7 0 Y M> d Y 0)
IC r Q
c
2 m-�
o .0 m n
)
�; m y
c -M Ln Y
o o m c a
cu
? E
W
L „' 0) �_ m L
7 H 01
N L O OJ
r p o L c' O O) y
m m
3
>
C u� L G 3 G
m E E
m L C +L-'
E v
> C O T
U 00 C U 01 > d O>
c+ a c- c
w u
:4 p
Q
v
o
p o o
p v o
o o .i v
Y
v w y w- c o a
Ln H
c c
u ._ E
H u
o E v�
c
m o n 7 ._ c- o
.q
N
m
v
Ln
l
n
O
N
O
O�
a
3. Federal Award Identification (reference 2 CFR 200.331) — SOR Grant CFDA#93.788
(i) Subrecipient name (which must match the name
Jefferson County
associated with its unique entity identifier);
(ii) Subrecipient's unique entity identifier; (DUNS)
619143741
(iii) Federal Award Identification Number (FAIN);
H79TIO81705
(iv) Federal Award Date (see §200.39 Federal award
9/19/18
date);
(v) Subaward Period of Performance Start and End
12/31/2018 to 09/29/2019
Date;
(vi) Amount of Federal Funds Obligated by this action;
$463,000
(vii) Total Amount of Federal Funds Obligated to the
$463,000
subrecipient;
(viii)Total Amount of the Federal Award;
$21,573,093
(ix) Federal award project description, as required to be
Washington State Opioid Response
responsive to the Federal Funding Accountability
(SOR) Grant
and Transparency Act (FFATA);
(x) Name of Federal awarding agency, pass-through
Department of Health and Human
entity, and contact information for awarding
Services, Substance Abuse and
official,
Mental Health Services
Administration, Center for
Substance Abuse Treatment
Washington State Health Care
Authority Division of Behvavioral
Health and Recovery Michael
Langer, Director
Post Office Box 45330
Olympia, WA 98504-5330
(xi) CFDA Number and Name; the pass-through entity
93.788
must identify the dollar amount made available
under each Federal award and the CFDA number
at time of disbursement;
(xii) Identification of whether the award is R&D; and
F� Yes ® No
(xiii)lndirect cost rate for the Federal award (including
de minimis (10%)
if the de minimis rate is charged per §200.414
Indirect (F&A) costs).
Professional Services Agreement, MAT Services to Jefferson County Jail Page 20 of 20
Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: David Fortino, Jail Superintendent
DATE: January 14, 2019
SUBJECT: Agenda Item — WA State Health Care Authority Opiate Treatment Network
Grant Contract and Service Agreement with Olympic Peninsula Health
Services
STATEMENT OF ISSUE:
Jefferson County Sheriff s Office is requesting Board approval of the professional services contract with the
WA State Health Care Authority for Opiate Treatment Networks #K3285; December 31, 2018 — September
29, 2019 and for Board approval of the Service Agreement with Olympic Peninsula Health Services to
cooperatively administer the OTN Contract.
ANALYSIS:
This contract and service agreement establishes the Jefferson County Jail as an initiation site for Medicated
Assisted Treatment as well as establishes an Opiate Treatment Network with Olympic Peninsula Health
Services (OPHS) to provide wrap around services for those individuals with Opiate Use Disorder (OUD),
including education and induction into MAT program, Care Navigation and establishment with social
services if qualified. The OTN will enhance services within the Jefferson County Jail for those individual
with OUDs.
FISCAL IMPACT:
Reimbursement for services provided are based on the Deliverables Table within the HCA contract to
include startup costs, provision of services, and performance based reimbursement established by
benchmark goals. The maximum reimbursement allowed is $463,000 to be disbursed according to the
Service Agreement with OPHS.
RECOMMENDATION:
The Jefferson County Sheriff's Office request approval of the professional services contract with HCA
#K3285, and the Service agreement with OPHS.
REVIEWED BY:
-7,
�- Philip ' / e ministrator Date
CONTRACT WITH:
CONTRACT FOR:
CONTRACT REVIEW FORM
Olympic Peninsula Health Services
(Contractor/Consultant)
Cooperatively Administrating the HCA OTN TERM: 12/31/2018 — 9/29/2019
Contract
AMOUNT: $444,700 PROCESS:
Revenue:
Expenditure:
Matching Funds Required:
Sources(s) of Matching Funds
N/A
N/A
N/A
N/A
Exempt from Bid Process
Consultant Selection Process
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
Vendor List Bid
RFP or RFQ
X Other Sole source
Step 1: REVIEW BY RIS N P NT
Review by:
Date Reviewed:
APPROVED FORM LlReturned for revision (See Comments)
Comments
Step 2: REVIEW BY
Review by:
Date Reviewed:
APPROVED AS TO FORM
Comments
ATTORNEY
(l
Returned for revision (See Comments)
Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO
RISK MANAGEMENT AND PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF
ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit originals and 2 copies of Contract, Review Form, and Agenda Request to BOCC Office.
Place "Sign Here" markers on all places the BOCC needs to sign.
MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)
JOE NOLE
JEFFERSON COUNTY SHERIFF
79 Elkins Road - Port Hadlock, Washington 98339 - (360) 385-3831
To: Philip Morley—Jefferson County Administrator
From: David Fortino
Re: Sole Source Provider— HCA OTN Local MAT provider
January 11, 2019
Mr. Morley,
In the processing of our application to the WA State Health Care Authorities Grant for Opiate
Treatment Networks, as the initiation site, the Jefferson County Jail was required to establish a
relationship with a local MAT provider(s). The Jefferson County Jail utilized SAMHSA's list of
buprenorphine prescribers in our area and made contact with Olympic Peninsula Health
Services, Discovery Behavioral Health, and Jefferson Health Care. Of those providers OPHS was
the only qualified provider that was interested In providing services by the timelines established
in the Grant.
Respectfully,
David Fortino
Jail Superintendent
dfortino@co.iefferson.wa.us
(360) 344-9743
81 Elkins Rd
Port Hadlock, WA 98339