HomeMy WebLinkAbout052819_ca08„ 615 Sheridan Street
Part Townsend, WPB 93366
www.JeffersonCountyPublicHealth.org
PU wig Healt Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Vicki Kirkpatrick, Director
Anna McEnery, DD Coordinator
DATE: ry” Z$ ( 0'-1DIq
SUBJECT: Agenda Item — Professional Services Agreement, Discovery Behavioral
Healthcare, (DBH)
Co -Occurring Disorder Integrated Treatment (CODIT);
January 1, 2019 — December 31, 2020; $60,000
STAT'EMEN'T OF ISSUE: Jefferson County Public Health, (JCPH) requests Board approval of a Professional Services
Agreement with Discovery Behavioral Healthcare, (DBH); to provide Co -Occurring Disorder Integrated Treatment, (CODIT)
services for individuals with substance abuse disorders and/or mental health issues; January 1, 2019 — December 31,
2020; $60,000; ($30,000 each in Calendar years 2019 and 2020).
ANALYSIS/ TRATE ' A R '' n N' : This agreement is between JCPH and Discovery Behavioral
Healthcare, (DBH) for case management services and UA's for 24-40 Jefferson County citizens with co-occurring disorders,
seeking Mental Health and Substance Abuse treatment.
These services are designed to reduce recidivism, mental health issues and substance use disorders for Jefferson County
residents involved with CODIT.
FIS A T BENE ANALY ': This is sales and use tax revenue raised by the County and
deposited in the 1/10 of 1% Fund; is allocated by the BOCC with advice from the Mental Health and Substance Abuse
Advisory Committee, (now known as the Behavioral Health Advisory Committee). The agreement states that funding is
subject to availability and 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 to the BOCC by the Mental Health
and Substance Abuse Sales Tax Advisory Committee, (now known as the Behavioral Health Advisory Committee).
REC0MMMENDA1L N., JCPH management request approval of the Professional Services Agreement with Discovery
Behavioral Healthcare for CODIT Services; January 1, 2019 — December 31, 2020; $60,000.
REVIEWED BY:
ALI
P !„li orle, my Admihilriatw
Community Health
Developmental Disabilities
360-335-9400
Date
III ir 1111111111 1111�! 1�11 111 1!111
Environmental Public Health
360-335-9444
(f) 360-379-4437
PROFESSIONAL SERVICES AGREEMENT FOR
Between
Jefferson County
And
Discovery Behavioral Healthcare-(DBH)
For
CODIT Services
THIS PROFESIONAL SERVICES AGREEMENT ("this Agreement") is entered into between the County
of Jefferson, a municipal corporation ("the County"), and DBH ("the Contractor"), in consideration of the
mutual benefits, terms, and conditions specified below.
1, l cct Desi �n ipj The Contractor is retained by the County to perform the following Project: to
provide Co -Occurring Disorder Integrated Treatment, (CODIT) services for individuals with
substance abuse disorders and/or mental health issues.
2 S e of'Services. Contractor agrees to perform the services identified on Exhibit "A" attached
hereto including the provision of all labor.
_["'i jiie for I)erl:orniallce. This Agreement shall commence on January 1, 2019 and continue through
December 31, 2020. Work performed consistent with this Agreement during its term, put prior to
the adoption of this Agreement, is hereby ratified. The Contractor shall perform all services
pursuant to this Agreement as outlined on Exhibit "A". Time is of the essence in the performance of
this Agreement.
4 gygjjqptmm The Contractor shall be paid by the County for completed work and for services rendered
under this Agreement as follows:
a. Payment for the work provided by Contractor shall be made as provided on Exhibit "B"
attached hereto, provided that the total amount of payment to Contractor shall not exceed
$60,000 or $30,000 in 2019 and $30,000 in 2020,without express written modification of the
Agreement signed by the County.
b. Invoices must be submitted by the 15th of the month for the previous month's expenses.
Such invoices will be checked by the County, and upon approval thereof, payment will be
made to the Contractor in the amount approved. Failure to submit timely invoices and
reports pursuant to Exhibit B of the Agreement may result in a denial of reimbursement.
Invoices not submitted within 60 days may be denied.
c. Final payment of any balance due the Contractor of the total contract price earned will be
made promptly upon its ascertainment and verification by the County after the completion of
the work and submittal of reports under this Agreement and its acceptance by the County.
Professional Services Agreement, DBH- CODIT 2019-2020 Page 1 of 19
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 255 and 2
C.F.R. Part 230.
e. The Contractor'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 six (6) years after
final payments. Copies shall be made available upon request.
f. 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).
g. 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.
h. 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.
County reserves first right to use as match the chemical dependency mental health 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.
rwnersl1ll an(l i ase o f Documents.m All non -confidential or de -identified documents, drawings,
specifications, and other materials produced by the Contractor 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. The Contractor shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information, reference and use in connection
with Contractor's endeavors. Contractor 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.
6. i" al l liaggg ? th law'
Contractor 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, DBH- CODIT 2019-2020 Page 2 of 19
7. Audit. An audit will be submitted to the County upon request. Upon request, Contractor will submit
the most recent financial audit within 30 days.
a. Upon request the County shall have the option of performing an onsite review of all records,
statements, and documentation.
b. 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.
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 2 C.F.R.
Part 200, as applicable.
8. Indern ific,ation.. Contractor shall indemnify and hold harmless the County, its officers, and
employees, from and against all claims, losses or liability, or any portion thereof, including
reasonable attorney's fees and costs, arising from injury or death to persons, including injuries,
sickness, disease or death to Contractor's own employees, or damage to property occasioned by a
negligent act, omission or failure of the Contractor. Contractor shall be liable only to the extent of
Contractor's proportional negligence. The Contractor specifically assumes potential liability for
actions brought against the County by Contractor's employees, including all other persons engaged
in the performance of any work or service required of the Contractor under this Agreement and,
solely for the purpose of this indemnification and defense, the Contractor specifically waives any
immunity under the state industrial insurance law, Title 51 R.C.W. The Contractor recognizes that
this waiver was specifically entered into pursuant to provisions of R.C.W. 4.24.115 and was subject
of mutual negotiation.
9. Insurance. Prior to commencing work, the Contractor shall obtain at its own cost and expense the
following insurance coverage specified below and shall keep such coverage in force during the terms
of the Agreement.
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 combined single limit of not less than $500,000 each
occurrence with the County named as an additional insured in connection with the
Contractor's performance of this Agreement. This insurance shall indicate on the certificate
of insurance the following coverage: (a) Owned automobiles; (b) Hired automobiles; and,
(3) Non -owned automobiles.
b. 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 contract specifications. 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;
Professional Services Agreement, DBH- CODIT 2019-2020 Page 3 of 19
ii. Personal Injury Liability, including extended bodily injury;
iii. Broad Form Contractual/Commercial Liability — including coverage for products and
completed operations;
iv. Premises — Operations Liability (M&C);
v. Independent Contractors and subcontractors;
vi. Blanket Contractual Liability.
Professional Liability Insurance. The Contractor 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 $2,000,000 Aggregate. 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 the Contractor's sole
expense. The Contractor agrees the Contractor'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.
d. 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.
e. 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.
f. The Contractor 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 Public Health 615 Sheridan
Street, 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 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. Certificates
of coverage as required by this section shall be delivered to the County within fifteen (15)
days of execution of this Agreement.
g. Failure of the Contractor to take out or maintain any required insurance shall not relieve the
Contractor 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.
h. The Contractor'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.
Professional Services Agreement, DBH- CODIT 2019-2020 Page 4 of 19
i. 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.
j. All deductibles in the above described insurance policies shall be assumed by and be at the
sole risk of the Contractor.
k. 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 the Contractor shall
procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
1. Insurance companies issuing the Contractor's insurance 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 insurance policy.
m. 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 the Contractor until the Contractor shall furnish additional security covering such
judgment as may be determined by the County.
n. 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 in order to comply with this Agreement.
o. The County may, upon the Contractor's failure to comply with all provisions of this
Agreement relating to insurance, withhold payment or compensation that would otherwise be
due to the Contractor.
p. The Contractor'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.
q. 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.
r. The Contractor'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.
s. The Contractor 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.
t. 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.
u. The Contractor 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
Professional Services Agreement, DBH- CODIT 2019-2020 Page 5 of 19
Jefferson County Public Health Contracts Manager by registered mail, return receipt
requested.
v. The Contractor 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.
w. 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 hisuraggel.
a. If and only if the Contractor 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 the Contractor, the Contractor 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 Public Health, upon request.
b. 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.
c. This coverage shall extend to any subcontractor that does not have their own worker's
compensation and employer's liability insurance.
d. The Contractor expressly waives by mutual negotiation all immunity and limitations on
liability, with respect to the County, under any industrial insurance act, disability benefit act,
or other employee benefit act of any jurisdiction which would otherwise be applicable in the
case of such claim.
e. If the County incurs any costs to enforce the provisions of this subsection, all cost and fees
shall be recoverable from the Contractor.
11. Ind licildent Coritnictor. The Contractor and the County agree that the Contractor is an independent
contractor with respect to the services provided pursuant to this Agreement. The Contractor
specifically has the right to direct and control Contractor'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
Contractor nor any employee of Contractor 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 Contractor, or any employee of Contractor.
Professional Services Agreement, DBH- CODIT 2019-2020 Page 6 of 19
12.rrbcolitr ac,(Ji l Regp irer�ents.
a. The Contractor 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. The
Contractor assumes responsibility for and all liability for the actions and quality of services
performed by any subcontractor.
b. Every subcontractor must agree in writing to follow every term of this Agreement. The
Contractor 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.
c. Any dispute arising between the Contractor 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 the Contractor's performance required by this Agreement.
13. Covenant Against Colitingeni l"Mee .µ The Contractor warrants that he has not employed or retained
any company or person, other than a bona fide employee working solely for the Contractor, 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 the Contractor, 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 contract price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage
fee, gift, or contingent fee.
14. D scr iminati.ori prohibited, The Contractor, 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,
gender, sexual orientation, material status, 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 Assi gruW The Contractor 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 anytime by giving ten (10)
days written notice to the Contractor.
b. In the event of the death of a member, partner, or officer of the Contractor, or any of its
supervisory personnel assigned to the project, the surviving members of the Contractor
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 the Contractor and the County, if the County so chooses.
Professional Services Agreement, DBH- CODIT 2019-2020 Page 7 of 19
The County reserves the right to terminate this contract in whole or in part, with 10 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.
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. Notices to the
County shall be sent to the following address:
Jefferson County Public Health Department
615 Sheridan Street
Port Townsend, WA 98368
ATT: Anna McEnery-DD/10th County Coordinator
Notices to Contractor shall be sent to the following address:.
Discovery Behavioral Healthcare
P.O. Box 565
Port Townsend, WA 98368
ATT: Natalie Gray/Director
19. lute grated llmmcr ent, 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. 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. The Contractor ratifies and adopts all statements,
representations, warranties, covenants, and agreements contained in its proposal, and the supporting
material submitted by the Contractor, accepts this Agreement and agrees to all of the terms and
conditions of this Agreement.
20. 6' odilu,cation of this Agri tnentIT. This Agreement may be amended only by written instrument
signed by both County and Contractor.
21. Pii es, 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. The Contractor hereby consents to the personal jurisdiction of the Superior Court of
the State of Washington for Jefferson County.
Professional Services Agreement, DBH- CODIT 2019-2020 Page 8 of 19
22. Section i lead it w . 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. leo [gyral 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.;rrclailjty, 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.
26.13ig ink on Successors. l leils aL�d Assij Yns. This Agreement shall be binding upon and inure to the
benefit of the parties' successors in interest, heirs, and assigns.
27. No ass-gni dent. The Contractor shall not sell, assign, or transfer any of rights obtained by this
Agreement without the express written consent of the County.
28. o Third party Bericliciaries. 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.
29. i in 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.
30. Facslillil an(l. Electronic -Si Ynatures, The parties agree that facsimile and electronic signatures shall
have the same force and effect as original signatures.
31. Arms -Length hl r t tions. The parties agree that this Agreement has been negotiated at arms -
length, with the assistance and advice of competent, independent legal counsel..
32. Public Records Act.m 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, the Contractor 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. The Contractor further agrees that upon receipt of any written public record
request, Contractor shall, within two business days, notify the County by providing a copy of the
request per the notice provisions of this Agreement.
33 Confidentiality. With respect to all information relating to County that is confidential and clearly so
designated, as required by the Health Insurance Portability and Accountability Act (HIPAA) and any
Professional Services Agreement, DBH- CODIT 2019-2020 Page 9 of 19
other applicable privacy laws, the Contractor agrees to keep such information confidential. The
Contractor 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. The Contractor 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.
34. C1 rmitial,,I,llstc.,)r /Bac l 6,r°oLiJid Check, Each of the Contractor's employees, the employees of any of
the Contractor's approved subcontractor, or volunteers used by the Contractor 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 the Contractor's employees, the employees of any of the Contractor's
approved subcontractor, or volunteers used by the Contractor 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 requirements
of RCW 13.40.570 and of the new crimes included in RCW 9A.44, Sexual Offense;
c. Sign the Contractor Requirements for Responding to Situation of Sexual Misconduct Form,
and shall submit to Jefferson County with signed Agreement.
DATED this
day of. ...................... _.....�...........� 20
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Professional Services Agreement, DBH- CODIT 2019-2020 Page 10 of 19
SIGNATURE PAGE
Name of Contractor
Contractor Representative (Please print)
(Signature)
Title
Date
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Kate Dean, Chair
David Sullivan, Member
Greg Brotherton, Member
APPROVED AS TO FORM ONLY:
Phili4C.H ucker
Chief Civil Deputy Prosecuting Attorney
Professional Services Agreement, DBH- CODIT 2019-2020 Page 11 of 19
EXHIBIT A
Scope of Work
CODIT Services
RESPONSIBILITIES:
The County, as administrator of the Mental Health/Substance Abuse Sales and Use Tax Funds , and DBH
agree that DBH will provide services to individuals as described in this Contract, including EXHIBIT A:
Scope of Work:, EXHIBIT B: Fee Schedule:, and EXHIBIT C; Logic Model and Performance
Measures; and further agrees to comply with the stipulations contained in ATTACHMENT A attached
hereto and incorporated herein.
Discovery Behavioral Healthcare, (DBH) 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.
3. 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.
Professional Services Agreement, DBH- CODIT 2019-2020 Page 12 of 19
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.
14. Participate in discussions during MH Therapeutic Court staffing for treatment and case management.
to be paid for by Discovery Behavioral Healthcare, (DBH).
15. Provide weekly staff for local Therapeutic Courts, (Drug Court and Family Therapeutic Court) when
requested; to be paid for by Discovery Behavioral Healthcare, (DBH).
16. Prepare and provide progress reports if needed, e.g. for Therapeutic Courts.
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. A quarterly report of services and will be recorded on a form created or approved by the Public
Health contracted Epidemiologist.
21. Quarterly electronic reports will be sent to the Public Health contracted Epidemiologist in a form as
specified by Jefferson County Public Health and/or Kitsap County Health District, as outlined in the
Quarterly Evaluation Reporting Template.
22. A copy of each electronic report will be sent to the JCPH Contract Representative.
23. Upon request, additional reports of activities and services provided, to the JCPH Contract
Representative.
Professional Services Agreement, DBH- CODIT 2019-2020 Page 13 of 19
24. Provide the following 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.
g. number of UAs performed, number of individuals receiving a UA and number of individuals
with positive UA.
25. Provide Agency oversight regarding record keeping, data collection, legal and ethical issues and
standards of care are updated and meet State of Washington standards.
26. Assure that services are available for any Jefferson County residents for clients with co-occurring
disorders who are chronically mentally ill.
27. Bill other revenues such as SUD funding from the Salish BH/ASO-BHO before accessing this
funding. Document what percent of clients are covered by other sources of revenue and provide to
Public Health, (when requested).
28. Attend and report to the Behavioral Health Advisory Committee when requested with progress
evaluation reports.
Professional Services Agreement, DBH- CODIT 2019-2020 Page 14 of 19
EXHIBIT B
Fee Schedule
2019-2020
Not to exceed a total of $60,000.00 for the duration of this contract without express written
amendment signed by both parties.
Professional Services Agreement, DBH- CODIT 2019-2020 Page 15 of 19
EXHIBIT C
Logic Model
Program: DBH- Co -Occurring Disorder Integrated Treatment (CODIT) Services
INPUT PROCESS OUTPUT
so that so that
1. Client requests services at DBH.
2. Client referred to CODIT
services as internal referral.
3. Court involved clients are
assisted with connecting to court
ordered SUD and Mental Health
Services.
Participants make a request for
service, complete an intake are
assigned a therapist and a
Chemical Dependency
Professional and enroll into
CODIT.
CDP outreaches and engages
referrals received from DBH
therapists and crisis team.
CDP conducts ASAM
psychosocial assessments and
refers to inpatient services
when appropriate and supports
them after discharge.
Participants are severely and
persistently mentally ill clients
who attend CODIT weekly and
have a long standing substance
use addiction.
Participants show
measurable, positive
changes in habits and
thinking as measured by
completion of treatment
goals in CODIT.
Reduction in non-specific
mental health disorders and
symptoms, improved social
competence, reduced
trauma- and stress-related
disorders and symptoms,
reduced disruptive behavior
and externalizing/antisocial
behaviors.
OUTCOME
CODIT services provided
through individual treatment
and return to the community
without treatment disruption.
Referrals to CODIT will result in
full assessment, case
coordination and case
management to assist transfer
to either inpatient or outpatient
SUD/CD treatment then follow-
up care.
Treatment will be motivation
and engagement tailored to the
specific limitations of the client
to create new skill development
for recovery and resiliency with
diagnosed behavioral health
disorders.
Professional Services Agreement, DBH- CODIT 2019-2020 Page 16 of 19
EXHIBIT C (continued)
Logic Model
Program: DBH- Co -Occurring Disorder Integrated Treatment (CODIT) Services
so that
PROCESS
CDP supports clients with
engagement, outpatient
services and inpatient services.
Work collaboratively
therapeutic courts, mental
health and substance abuse
treatment agencies, courts, and
providers for outreach,
referrals, coordination and
follow up.
Assumptions
OUTPUT
so that
CDP receives referrals from
staff as requested or as
needed to identify potential
clients in need and assist in
developing strategies for
addressing co-occurring
disorder concerns.
Measures of evidence based
practice use and fidelity will
be reported.
DBH is the best place to outreach and engage co-occurring clients in
behavioral skills to prevent or limit behavioral problems including mental
health issues and chemical dependency/substance abuse.
Collaboration with other treatment providers is essential in developing
protective factors and effective prevention and intervention for at risk co-
occurring disorder clients with behavioral health needs.
External Factors
The needs will continue to grow with the population growth and growth in
the pharmaceutical industry with abuse of narcotics and other mind
altering illicit substances.
Community trauma events such as natural disaster and primary and
secondary (through family or friends) trauma events, such as suicide, gang
violence or bullying, high stress indices increase the number of at co-
occurring disorder clients.
Professional Services Agreement, DBH- CODIT 2019-2020 Page 17 of 19
ATTACHMENT A
JEFFERSON COUNTY MH/SA TREATMENT TAX FUNDING -
MATCH POLI
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/ 10th 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 BIRR 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.
Professional Services Agreement, DBH- CODIT 2019-2020
9
Page 18 of 19
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.
Professional Services Agreement, DBH- CODIT 2019-2020 Page 19 of 19