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HomeMy WebLinkAbout010322ca03 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley, Interim County Administrator FROM: Greg Brotherton DATE: January 3, 2021 SUBJECT: Salish BH-ASO Interlocal Agreement STATEMENT OF ISSUE: Jefferson needs to renew the Interlocal Agreement with Kitsap and Clallam Counties, and the Jamestown S'Klallam tribe for the Salish BH-ASO for the purpose of contracting with the Washington State Health Care Authority(HCA)to administer behavioral health services and programs under section 1046 of E2SSB 5432 including crisis services and administration of chapter 71. 05,71. 24. 100, RCW,the involuntary treatment. ANALYSIS: The Interlocal Agreement is mostly unchanged, except for the removal of second and third vice-chairs as delineated officers. FISCAL IMPACT: n/a RECOMMENDATION: Sign and execute the attached yearly Interlocal Agreement. REVIEWED BY:4 1 /ed / Z/ Mark McCaule , nterim County Admini 4 tor Date til‘ (iT 0:1-,)(t Ittriy14-1 )ci r P\-*: k1 INTERLOCAL AGREEMENT 000'\'A•0 02r for the SALISH BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES ORGANIZATION ARTICLE I. PURPOSE OF AGREEMENT The undersigned parties hereby establish a Behavioral Health Administrative Services Organization ("BHASO") for the purpose of contracting with the Washington State Health Care Authority (HCA) to administer behavioral health services and programs under section 1046 of E2SSB 5432 including crisis services and administration of chapter 71.05, 71.24.100, RCW, the involuntary treatment act, for all individuals in the regional service area established under 74.09.870 RCW. ARTICLE II. MEMBERSHIP This organization shall be named the Salish Behavioral Health Administrative Services Organization and shall consist of the following parties: KITSAP COUNTY Kitsap County Courthouse 614 Division Street Port Orchard, Washington 98366 CLALLAM COUNTY Clallam County Courthouse 223 East Fourth Street Port Angeles, Washington 98362 JEFFERSON COUNTY Jefferson County Courthouse Jefferson and Cass Streets Port Townsend, Washington 98368 JAMESTOWN S'KLALLAM TRIBE 1033 Old Blyn Hwy. Sequim, WA 98382 ARTICLE III. AREA TO BE SERVED The regional service area established under 74.09.870 RCW shall consist of: A. Kitsap County—392.70 square miles B. Clallam County— 1,752.50 square miles KC-279-19 Page 1 of 12 Salish Behavioral Health Administrative Services Organization C. Jefferson County— 1,805.20 square miles ARTICLE IV. CERTIFICATION OF AUTHORITY Parties, by signatures, certify that they possess full legal authority, as provided by federal, state, tribal and local statutes, charters, codes or ordinances, to enter into this agreement. ARTICLE V. POWERS, FUNCTIONS AND RESPONSIBILITIES OF BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES ORGANIZATION The BHASO shall exercise such powers, functions, and responsibilities as necessary to administer behavioral health services and programs under section 1046 of E2SSB 5432 including crisis services and administration of chapter 71.05, 71.24.100, RCW, the involuntary treatment act and related regulations for all individuals in the regional service area established under 74.09.870 RCW. ARTICLE VI. BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES ORGANIZATION BOARD There shall be a BHASO Board ("Board"), which shall constitute the executive body of the Salish BHASO. The Board shall exercise all executive powers, functions, and responsibilities necessary for conducting the BHASO, except those expressly delegated by the Board to their contractors, subcontractors, grantees, subgrantees, agencies, organizations, or individuals, for all activities established pursuant to chapters 71.05 and 71.24 RCW and regulations promulgated thereto. The Board may establish bylaws as necessary for conducting its meetings. A. Membership: The Board shall be composed of one elected commissioner from each of the three aforementioned counties (with a specific commissioner as alternate member for each county) and one elected tribal official representing the various tribes in the three counties. There shall be a total of four voting members. B. Voting: Each voting member of the Board shall have one vote. All decisions of the Board shall be made by no less than a majority vote at a meeting where a quorum is present. C. Quorum: A quorum shall consist of a total of not less than three members representing three of the four voting parties to this Agreement. D. Chair, Vice-Chair, Second Vice-Chair and Third Vice-Chair: Annually, the Board shall elect a Chair, a Vice-Chair, a Second Vice-Chair and a Third Vice-Chair by majority vote. Officers of the Board shall be composed of one elected member from each county and from the tribe serving as the Tribal Page 2 of 12 KC-279-19 Salish Behavioral Health Administrative Services Organization Liaison, and officers shall rotate annually through ascension unless otherwise agreed. E. Meetings: The Board shall meet at such times and places as determined by the Board. In the absence of the Chair, the Vice-Chair shall preside over meetings. In the absence of the Chair and Vice-Chair, the Second Vice- Chair shall preside over meetings. In the absence of the Chair, Vice-Chair, and Second Vice-Chair, the Third Vice-Chair shall preside over meetings. In the absence of the Chairman, Vice-Chair, Second Vice-Chair and Third Vice- Chair, a Chair pro tern shall be elected by a majority of the members present to preside for that meeting only. F. Powers, Functions, and Responsibilities: The Board's powers, functions, and responsibilities (either jointly with the counties and participating tribes or independently) include, but are not limited to: (1) Establishing, policies, priorities, goals, and objectives of the BHASO and the programs and services to be operated by the BHASO in cooperation with the agencies, entities or individuals providing or implementing the programs and services. (2) Establishing and implementing policies and procedures for planning, administering, monitoring, and evaluating programs and services. (3) Overseeing the implementation and enforcement of quality assurance policies. (4) Establishing and overseeing financial management policies and procedures in order to prevent financial harm to the BHASO and its constituent entities —for example, insolvent contractors and cost- overruns. (5) Reviewing and approving comprehensive plans and modifications thereto. (6) Approving applications for funds to be submitted and all contracts and agreements related thereto with the Washington State Health Care Authority and other departments and agencies of state, local or participating tribal governments, as may be required. (7) Undertaking such other functions as may be deemed appropriate for the discharge of the BHASO's duties and responsibilities under law and regulations. (8) Delegating such functions and responsibilities, along with adequate funding, to agencies, individuals or committees, as deemed appropriate for effective administration. (9) Approving all BHASO-wide grants, subgrants, contracts and agreements relating to the expenditure of behavioral health services funding received from the state. Page 3 of 12 KC-279-19 Salish Behavioral Health Administrative Services Organization (10) Taking no action that would in any way limit service agencies from applying for and receiving grants from outside sources which are designed to enhance their ability to provide local services, except to the extent required or authorized by law or contract. G. Conflicts of Interest: (1) Each member of the Board must be free from conflicts of interest and from any appearance of conflicts of interest between personal, professional and fiduciary interests. Members of the Board must act within the best interests of the BHASO and the consumers served. (2) If a conflict of interest, or the appearance of a conflict of interest, becomes evident, the Board member shall announce the conflict and refrain from discussion and voting on that issue. (3) If a conflict of interest, or the appearance of a conflict of interest, becomes evident, the Board may assign the matter to others, such as an alternate commissioner from his or her jurisdiction who does not have a conflict of interest. ARTICLE VII. GRANT RECIPIENT AND ADMINISTRATIVE ENTITY The Kitsap County Board of Commissioners is designated as the grant recipient and administrative entity of the BHASO, and shall exercise such duties and responsibilities as set forth in this Agreement, chapters 71.05 and 71.24 RCW, and other applicable law and rules. This includes authority to: A. Receive and disburse funds in accordance with grant agreements and contracts with the State of Washington, to include the execution of all contracts. Funds shall be administered in adherence with applicable law and any policies or regulations established by the financial administrator (Kitsap County) for the BHASO. B. Carry out all necessary functions for operation of the program including, but not limited to: (1) Executing grants, subgrants, contracts, and other necessary agreements as authorized by the Board, as necessary to carry out BHASO functions. (2) Employing administrative staff to assist in administering the programs authorized by the Board. (3) Organizing staffing and hiring qualified persons for that staffing, as authorized by the Board. (4) Developing procedures for program planning, operating, assessment and fiscal management, evaluating program performance, initiating any necessary corrective action for subgrantees and subcontractors, Page 4 of 12 KC-279-19 Salish Behavioral Health Administrative Services Organization determining whether there is a need to reallocate resources, as directed by the Board, and modifying grants, consistent with goals and policies developed by the Board. C. Subcontract to the signatory parties such functions as may be deemed appropriate by the Board. This may include planning and providing services directly or subcontracting for local services within the parties' funding allocations. ARTICLE VIII. ALLOCATION OF FUNDS All funds granted to the BHASO pursuant to chapters 71.05 and 71.24 RCW or other provision of law shall be allocated and expended among participating counties and tribes for programs and services for which they are intended, according to federal, state, and tribal formulas, approved plans, grants, and all pertinent laws and rules. Funds currently received by each county, or providers located in each county, shall be allocated by the BHASO for services within that county. Millage, mental health sales tax, current expense contributions to mental health programs by county government, and the Involuntary Treatment Act ("ITA") maintenance of effort funds shall be retained by each county and dispensed by the Board of Commissioners thereof; provided, however, that current ITA maintenance of effort funds must continue to be appropriated for ITA services. New funds which become available as a result of attaining BHASO status shall, after review of state guidelines, be allocated by the Board to fund programs in each of the three counties. However, by majority vote, the Board may redirect funds for region-wide services, to fund particular programs in individual counties, or to prioritize access to behavioral health services for citizens residing within the Salish BHASO region. ARTICLE IX. LIABILITY, INDEMNIFICATION AND INSURANCE A. Sovereign Immunity: Each party to this Agreement consents to a limited waiver of sovereign immunity for enforcement of the provisions of this Agreement, and this Agreement only, against it by any other party or parties to this Agreement. For this purpose only, each party consents to the personal jurisdiction of the Tribal Courts and the courts of competent subject matter jurisdiction of the State of Washington. B. Joint and Several Liability for Contract Oversight: Each party to this Agreement is responsible for overseeing the operations of the BHASO to provide services under chapters 71.24 RCW and other applicable law and rules. The parties shall be jointly and severally liable for debts, liabilities and obligations incurred by the BHASO which arise under chapters 71.05 and 71.24 RCW and other applicable law and rules, and with respect to the grants, contracts, or agreements administered pursuant hereto. Page 5 of 12 KC-279-19 Salish Behavioral Health Administrative Services Organization C. Indemnification: Each party to this Agreement agrees to defend and indemnify the other parties and their elected and appointed officials, officers and employees against all claims, losses, damages, suits, and expenses, including reasonable attorneys' fees and costs, to the extent they arise out of, or result from, the negligent performance of this Agreement by the indemnitor or its elected or appointed officials, officers and employees. The indemnitor waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington solely for the purposes of this provision and acknowledges that this waiver was mutually negotiated. This provision shall survive the expiration or termination of this Agreement. D. Purchase of Independent Insurance: Kitsap County, as the administrative entity, shall obtain and maintain throughout the term of this Agreement, general liability and professional liability or malpractice (errors and omissions) insurance coverage in the total amount of not less than $1,000,000 per occurrence for any acts or omissions occurring in behalf of, or related to, the member or BHASO's actions or responsibilities relating to the provision of services under this Agreement. Each party to this Agreement shall be a named insured under the policy. This coverage shall be the primary coverage in order to shield the individual interests of each party to this Agreement related to the provision of services, whether administrative or contractual, covered by this Agreement. E. Extended Coverage: If the professional liability insurance policy to be purchased and maintained by Kitsap County and described above is issued on a "Claims-Made" basis, then each policy must have a Retroactive Date of, or prior to, the effective date of this Agreement. Furthermore, for each such "Claims-Made" policy purchased and maintained by Kitsap County, a Supplemental Extended Reporting Period ("SERP") shall be purchased, with an Extended Reporting Period of not less than three years. In the event the Claims-Made policy is cancelled, non-renewed, switched to an Occurrence form, retroactive date advanced or there is any other event triggering the right to purchase a SERP policy during the term of this Agreement, then Kitsap County agrees its insurance obligation shall survive the completion or termination of the term of this Agreement for a minimum of three years. F. Miscellaneous: The BHASO shall assure the coverage applies to claims after termination or expiration of the Agreement that relate to services pursuant to this Agreement and any other agreements of the BHASO. The BHASO shall be solely responsible for any premiums or deductible amounts required under such policies; such costs or normal business expenses are to be paid out of BHASO funds. Evidence of such insurance shall be promptly provided to any member upon its written request. BHASO shall not permit any such policy to lapse without first providing each member at least thirty calendar days' written notice of its intention to allow the policy to lapse. Page 6 of 12 KC-279-19 Salish Behavioral Health Administrative Services Organization Each Board member shall be a covered insured for any and all official acts performed by such individual under this Agreement. G. Other Insurance Non-Contributory: Any coverage for third party liability provided by any Memorandum of Coverage or program of joint self- insurance provided to Jefferson and/or Clallam counties by a chapter 48.62 RCW Risk Pool shall be non-contributory to the insurance otherwise mandated by this section and the insurance otherwise mandated by this section shall be deemed primary for all claims, demands, actions, or lawsuits generated against the BHASO or the parties to this Agreement. ARTICLE X. EFFECTIVE DATE AND DURATION AND AMENDMENT A. Effective Date and Duration: This Agreement shall take effect upon the date of its full execution and shall expire December 31, 2021, unless extended in writing by the parties hereto. B. Amendment: This Agreement may be amended from time to time in accordance with the written agreement of all of the parties hereto. ARTICLE Xl. PARTY'S RIGHT TO WITHDRAW FROM BHASO A. Right to Withdraw; Prior Notice Required: Any party to this Agreement may withdraw from the BHASO and terminate its participation under this Agreement at any time, subject to the survival of any duty, obligation or liability it incurred prior to the effective date of termination; and provided that (a) the terminating party provides written notification to each of the other parties of the terminating party's intention to withdraw at least 120 days prior to the proposed effective date of such termination and (b) such notification is received at least 120 days prior to the expiration of the current fiscal grant year period. B. Return of Funds: In the event that a party withdraws from the BHASO, such funds which are budgeted for services in that party's jurisdiction shall be deleted from the BHASO budget through contract amendment. These funds shall be returned to the Washington State Health Care Authority which shall then become responsible for service delivery in that jurisdiction. C. Access to Services: If a party withdraws from the BHASO after a BHASO- wide service is established within that party's jurisdiction, such service shall be made available to the remaining parties on a contractual basis. If such service is located within the jurisdiction of remaining parties, it shall be made available to the withdrawn party on a contractual basis. D. Disposal of Fixed Assets: If a party withdraws from the BHASO, such fixed assets of the BHASO as may be located within that jurisdiction shall be Page 7 of 12 KC-279-19 Salish Behavioral Health Administrative Services Organization returned to the BHASO for use, while fixed assets not purchased with BHASO funds shall vest with the withdrawing party. ARTICLE XII. DISPOSITION OF ASSETS UPON DISSOLUTION OF BHASO In the event of dissolution of the entire BHASO, ownership of such fixed assets as may have been purchased with State funds shall revert to the State. We, the undersigned, do hereby approve this Agreement and the terms and conditions contained herein, represent that we have the authority to enter into this Agreement and to perform all activities and functions contemplated herein, and do hereby undertake to conduct this BHASO for providing community behavioral health services in Kitsap, Clallam, and Jefferson counties and in tribal jurisdictions within those counties, all in accordance with applicable law and rules. Page 8 of 12 KC-279-19 Salish Behavioral Health Administrative Services Organization KITSAP COUNTY BOARD OF COMMISSIONERS Approved this 470 day of a.01,...1 , 2019 Edward E. Wolfe, Chair Robert Gel er, C missioner al%) �iUdo Charlotte Garrido, Commissioner "����"`V ATTEST: %m: # :m0 � , � • ,. Dan'Daniels, Clerk of the Board 'fi p" 11?= Page 9 of 12 KC-279-19 Salish Behavioral Health Administrative Services Organization CLALLAM COUNTY B ARD OF COMMISSIONERS Approved this day of, , ,k i , 2019 vl Mark Ozias, Chi" Randy John , mmissioner Bill ach, Commissioner ATTEST: Y • 6#1 Lo G es, Clerk of the Board A proved as to for only by: 5/...� avid Alvarez Chief Civil Deputy Prosecuting Attorney Clallam County Page 10 of 12 KC-279-19 Salish Behavioral Health Administrative Services Organization JEFFERSON COUNTY BOARD OF COMMISSIONERS Approved this / day of gi-� , 2019 Kate ean, om s ioner David Su w issioner Greg Brotherton, Commissioner ATTEST: eat? Carolyn adallaway, Clerk f the Board Ap roved as o form: f ' ' l Date: 105o/9 Philip C.Hunsucker,Chief Civil Deputy Prosecuting Attorney Jefferson County Prosecuting Attorney's Office Page 11 of 12 KC-279-19 Salish Behavioral Health Administrative Services Organization J JAMESTOWN S'KLALLAM TRIBE Approved this day of Ld'1 , 2019 W. Ron Alle .,,Tribal Chair C 0 Page 12 of 12 KC-279-19 Salish Behavioral Health Administrative Services Organization JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Philip Morley, County Administrato DATE: July 1, 2019 RE: Interlocal Agreement for the Salish Behavioral Health Administrative Services Organization STATEMENT OF ISSUE: The Jefferson County Board of Commissioners is requested to approve an interlocal agreement to establish the Salish Behavioral Health Administrative Services Organization (Salish BHASO). The interlocal agreement is between Jefferson, Clallam and Kitsap Counties, as well as the Jamestown S'Klallam Tribe. ANALYSIS: The existing Salish Behavioral Health Organization (Salish BHO) will sunset at the end of 2019, as required by Engrossed Second Substitute House Bill 5432, enacted by the State Legislature this year. Under state statute, each Behavioral Health Organization throughout the state has the option of becoming a Behavioral Health Administrative Services Organization if they are able to meet the requirements established by the Washington State Health Care Authority. The Salish BHO is presently working to meet the readiness requirements with this interlocal agreement. The interlocal agreement takes effect upon execution by all parties, but under state law, the Salish BHASO would not fully replace the existing Salish BHO until January 1, 2020. The interlocal expires December 31, 2021, but the parties always have the option to extend the life of the Salish BHASO through amendment or by executing a new interlocal agreement. FISCAL IMPACT: The proposed interlocal agreement, by creating the Salish BHASO, would enable the Washington State Health Care Authority to contract with the Salish BHASO to provide funding to maintain an inpatient risk reserve, stabilize the continuum of care in crisis services, and reimburse the Salish BHASO to administer crisis services provided by subcontractors provided by the Salish BHASO. The three counties recently executed a separate agreement with the Health Care Authority for this purpose. RECOMMENDATION: Approve and execute the Interlocal Agreement for the Salish Behavioral health Administrative Services Organization. E B . 6/ 7 Philip ey, Co ty Adtnkr strator Date CONTRACT REVIEW FORM CONTRACT WITH: Salish Behavioral Health(SBHASO);and Kitsap&Clallam Counties; and Jamestown S'Klallam Tribe CONTRACT FOR: Interlocal Agreement Behavioral Health Administrative Servie?, T R 12/31/21 '' f 'M', K�+ ,." ii ^4'^✓ �b T"`s; �' -ai' � V � 47'ss. t , n �e �' , k 9$ s"�a'a"a .ww,i'"4 1/4a,� 4 yQ k+ bb yp� F r" d tY' M r+ 2,,„ 4:41L• ;; � Y'! bj � '' '7 - + r :, � p ax �s Ede s ay t-L F l 3" ' ^l. d>� 3 'k'i b^d 4 .M^,�+�'^ 4" A�•&k 04 � � � $ �� ar E ' { 4 ,4 pa) � s s � y, �'� � +�''�� zxm ii� 8 � , t �' sF ,�"�@" :� - d'k.v'� +sFi. r�r o�5,�, �'s,�< �- � �'�� 4�, �, � ^�3'»�; 6e +s'm�'h N y� �� 17? V&A! e.w,x. .,a.Hmz,K,.,:..:a' 'i'.f �rfJ'..'- �'..'�.Ufs" ,y. &nr ',""* rn AMOUNT: No Dollar Amount PROCESS: Exempt from Bid Process Consultant Selection Process Revenue: Cooperative Purchase Expenditure: Competitive Sealed Bid Matching Funds Required: ._ Small Works Roster MINIM Source(s) of Matching Funds: Vendor List Bid RFP or RFQ Step 1: REVIEW BY RI A T Review by: f l Date Reviewed: giAPPROVED FORM Returned for revision(See comments) Comments: Step 2: REVIEW BY PROSECUTING ATTORNEY Review by: / Date Reviewed: 6/r/9 Er APPROVED AS TO FORM El Returned for revision(See comments) Comments: Step 3: DEPARTMENT MAKES REVISIONS Have contractor sign appropriate number of originals. Step 4: SUBMIT TO PROSECUTING ATTORNEY FOR FINAL SIGN OFF Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 6 copies of Contract,Review Form,and Agenda Bill 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.) KC-279-19-A FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR THE SALISH BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES ORGANIZATION This First Amendment to Interlocal Agreement for the Salish Behavioral Health Administrative Services Organization(the"Agreement") is entered into among the undersigned effective January 1, 2022. The Agreement is amended as follows: 1. Section X(A)(Effective Date and Duration): The Agreement's expiration date is extended through December 31, 2023. 2. Section VI(D) (Chair, Vice-Chair, Second Vice-Chair and Third Vice-Chair): This section is amended to read as follows: D. Chair and Vice-Chair: Annually,the Board shall elect a Chair and Vice- Chair by majority vote. Officers of the Board shall be composed of one elected member from each county and from the tribe serving as the Tribal Liaison, and officers shall rotate annually through ascension unless otherwise agreed. 3. Section VI(E) (Meetings): This section is amended to read as follows: E. Meetings: The Board shall meet at such times and places as determined by the Board. In the absence of the Chair,the Vice-Chair shall preside over meetings. 4. All other provisions of the Agreement remain unchanged and in full force and effect. KITSAP COUNTY BOARD COMMISSIONERS DATED this day of , 2021. ROBERT GELDER, Chair EDWARD E. WOLFE, Commissioner CHARLOTTE GARRIDO, Commissioner ATTEST: Dana Daniels, Clerk of the Board CLALLAM COUNTY BOARD COMMISSIONERS DATED this day of , 2021. MARK OZIAS, Chair RANDY JOHNSON, Commissioner BILL PEACH, Commissioner ATTEST: LONI GORES, Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS DATED this day of , 2021 KATE DEAN, Chair GREG BROTHERTON, Commissioner HEIDI EISENHOUR, Commissioner SEAL: ATTEST: Carolyn Galloway DATE Clerk of the Board Approved as to form only: t ' December 16, 2021 Philip C. Hunsucker DATE Chief Civil Deputy Prosecuting Attorney JAMETOWN S'KLALLAM TRIBE DATED this day of , 2021. W. RON ALLEN, TRIBAL CHAIR/CEO