HomeMy WebLinkAbout062110_ca04~~~,~ ~ Consent Agenda
`~~~ ~~~~~ JEFFERSON COUNTY PUBLIC HEALTH
v `~'~~'~ ~~ 615 Sheridan Street • Port Townsend • Washington • 98368
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www.jei~fersoncountypublichealth.org
May 5, 2010
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morle>~, County Administrator
FROM: Jean Baldwin, Director
DATE: June 21, 2010
SUBJECT: Agenda Item -Professional Services Agreement with Jefferson Mental
Health; Amenddment #1; July 1, 2009 -June 30, 2010; additional
$2,000 ($12,000 total)
STATEMENT OF ISSUE:
Jefferson County Public Health, Community Health, is requesting Board approval of the Professional Services
., Agreement Amendment #1 with Jefferson Mental Health; July 1, 2009 -June 30, 2010; $10,000 ($2,000
additional; $12,000 total)
ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S:
This contract is in its third year with the Office of Financial Management. Washington State Legislature
awarded counties who adopted the 1/10 of 1% for chemical dependency/mental health treatment an
additional $100,000. JCPH submitted a work plan for 2009-2010. This plan allocated funds to outreach and
educational services and mental health treatment with Jefferson Mental Health Services, methamphetamine
treatment with Safe Harbor Recovery Center ;and methamphetamine detox, and drug intervention/screening
at the Jefferson County Jail. Community representatives from Jefferson County Substance Abuse Advisory
Board and Meth Action Team continue to partner to increase awareness and knowledge of the issues of
methamphetamine addiction and the need for treatment.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
This contract is budget neutral to the county land provides new services for more citizens.
DEOVELOPIMENTAL D SABILITIES PWBLIC HEALTH ENVIRONwATERLOUA ITY
MAIN: (360) 385-9400 ALW~IPS WORKING FOR A SAFER ANG MAIN: (360) 385-9444
FAX: (360) 385-9401 HE~ILTHIER COMIYIUNITY FAX: (360) 379-4487
Consent Agenda
RECOMMENDATION:
JCPH management request approval of the Professional Services Agreement Amendment with Jefferson
Mental Health; July 1, 2009 -June 30, 2010;'...$2,000 additional; $12,000 total
REVIEWED BY:
Philip ~1or y, Coun ministrator
l Z-~l<c~
Date
Contract Amendment #1
Agreement Between
Jefferson Mental Health Services
And
Jeffers~n County Public Health
WHEREAS, Jefferson Mental Health Services (Contractor) and Jefferson County (County)
entered into an agreement on July 1 # 2009 for Professional Services to provide Dialectical
Behavioral Therapy groups for clients at Safe Harbor Recovery Center.
WHEREAS, the parties desire to amend the terms of that agreement.
IT IS AGREED BETWEEN BOTH PARTIES AS NAMED HEREIN AS FOLLOWS:
1. The term ~!
of the above referenced agreement is time hmrted and ends June 30,
2010.
2. The Contractor will be entitled to an additional $2,000.00 in funding for services
rendered during the term of this contract amendment. Total compensation under
this Agreement shall not exceed $12,000.00 without express written amendment.
3. All other terms and conditions of the agreement will remain unchanged.
Approved this day of
2010
David Sullivan, Chairman
Jefferson Board of County Commissioners
~.
~' ~ v l two/
Sam Markow
Jefferson Mental Health Services
ATTEST:
Erin Lundgren
Deputy/Clerk of the Board
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PROFESSIONAL SERVICES AGREEMENT
i
Between
JEFFERSON COUNTY
And
Jefferson Mental Health Services
This Agreement is entered into between the County of Jefferson, a municipal corporation,
hereinafter referred to as "the County" and Jefferson Mental Health Services, hereinafter
referred to as "the Contractor" in consideration of the mutual benefits, terms, and conditions
hereinafter specified.
Section 1. Designation
The County, on behalf of the Jefferson County Public Health, acting in
compliance under the Contract with Jefferson Mental Health Services, (JMHS) in
agreement with the terms and conditions of the Statement of Work hereby
contracts with the Contractor who will perform duties as described in Exhibit A.
Section 2. Term
This Agreement shall commence on July 1, 2009 and continues through
June 30, 2010. unless terminated as provided herein. The agreement may be
extended beyond June 3'0, 2010 upon mutual written consent of the County and
the Contractor.
Section 3. Scone of Agreement
The Contractor agrees to perform the services, identified on Exhibit A.
A. The Contractor supports the community methamphetamine treatment program
goals and objectives'.
B. The specific duties of the Contractor are outlined in Exhibit A.
C. The Contractor shall provide reporting detailed in Section 10.
Section 4. Compensation ''
The Contractor shall be paid by the County for completed work and for services
rendered under this Agreement as follows:
A. Contractor will invoice at the rate of $100.00 per hour, per therapist, as
outlined in Exhibit A. This contract shall not exceed $10,000.00 in the
completion of this project without express written amendment signed by both
parties to this Agreement. Funding is contingent on reauthorization of funds
by the Office of Financial Management. If funds are renewed, this contract
will automatically renew for an additional year.
Jefferson Mental Health Services
B. The Contractor may', submit invoices to the County for work completed to
date. The County will review such invoices, and upon approval thereof,.
payment will be made to the Contractor in the amount approved.
C. County will make finial payment of any balance due the Contractor promptly
upon its ascertainment and verification after the completion of the work under
this Agreement and its acceptance by the County.
D. Contractor records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the County and state for a period
of six (6) years after final payments. Copies shall be made available upon
request.
E. Ownership and use of documents. The Contractor acknowledges and agrees
that any and all work product directly connected and/or associated with the
services rendered hereunder, including but not limited to all documents,
drawings, specifications, writings, samples, reports, pictures and the like
which the Contractor drafts, makes, conceives, develops in the performance of
the service hereunder, either solely and/or jointly with the County shall be the
sole and exclusive property of the County. The Contractor further
acknowledges that such material shall be considered work for hire and the
Contractor acknowledges the County's sole and exclusive right to such
copyright, patent, trademarks, trade names and other intellectual property right
claims for said materials. Other materials produced by the Contractor in
connection with the services rendered under this agreement shall be the
property of the County whether the projects for which they are made are
executed or not. The Contractor shall be permitted to retain copies, including
reproducible copies,. of drawings, writings, samples, reports, and
specifications for information, reference, and use in connection with
Contractor endeavors. The Contractor agrees not to publish, submit for
publication, display or otherwise use said material for any reason whatsoever,
without the express written consent of the County.
Section 5. Compliance with laws
The 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.
Contractor will properly dispose of any information, which is no longer needed or
has been converted to another media. Jefferson County Public Health may audit
Contractor's access to and use of confidential information at any time or on an
ongoing basis. ',
Jefferson Mental Health Services
Section 6. Indemnification
The Contractor shall indemnify and hold the County, and their officers,
employees, and agents harmless from and shall process and defend at its own
expense, including all costs, attorney fees and expenses relating thereto, all claims,
demands, or suits at law or equity arising in whole or in part, directly or indirectly,
from the negligence or breach of any of its obligations under this Agreement of
the Contractor or its agents, representatives or employees, provided that nothing
herein shall require a Contractor to indemnify the County against and hold
harmless the County from claims, demands or suits based solely upon the conduct
of the County, their officers, employees and agents, and provided further that if the
claims or suits are caused by or result from the concurrent negligence o£ (a) the
Contractor's agents or employees; and, (b) the County, its officers, employees and
agents, this indemnity provision with respect to (1) claims or suits based upon
such negligence, and/or (2) the costs to the County of defending such claims
and suits, etc., shall be valid and enforceable only to the extend of the
Contractor's negligence or the negligence of the Contractor's agents or employees.
Section 7. Insurance
1. The Contractor shall obtain and keep in force during the terms of the
Agreement, or as otherwise required, the following insurance with companies
or through sources approved by the State Insurance Commissioner pursuant to
RCW 48:05:
(a) Worker's compensation and employer's liability insurance as required by
the State of Washington.
(b) Commercial Automobile Liability or Business Use 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 $1,000,000 each occurrence with
the County named as an additional insured in connection with the
Contractor's performance of the contract.
(c) General Commercial Liability Insurance in an amount not less than a
single limit of one million dollars ($1,000,000.00) per occurrence and a
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:
1) Broad Farm Property Damage, with no employee exclusion;
2) Personal',Injury Liability, including extended bodily injury;
3) Broad Form Contractual/Commercial Liability -including
completed operations.
Jefferson Mental Health Services 3
4) Premise -Operations Liability (M&C);
5) Indepenc(ent Contractors and Contractors;
6) Blanket Contractual Liability.
2. All employees or Contr ctors of Contractor who are required to be professionally
certified by the State in the performance of services under this agreement shall
maintain distinct and v lid professional liability insurance in the amount of not
less than one million d liars ($1,000,000). In no case shall such professional
liability to third parties be limited in any way.
3. It shall be the responsibility of the Contractor to insure that any and all
persons engaged in the performance of any work or service required of the
Contractor under this Agreement, shall comply with the same insurance
requirements that Contactor is required to meet.
4. Failure on the part of the Contractor to maintain the insurance as required shall
constitute a material breach of contract upon which the County may, after giving
five working days notice to the Contractor to correct the breach, immediately
terminate the contract or, at its discretion, procure or renew such insurance and
pay any and all premiums in connection therewith, with any sums so expended to
be repaid to the County on demand, or at the sole discretion of the County,
off set against funds due the Contractor from the County.
5. All cost for insurance shall be considered incidental to and included in the unit
contract prices and no additional payment will be made.
6. Excepting the Workers Compensation insurance and any professional liability
insurance secured by the Contractor, the County will be named on all certificates
of insurance as an additional insured. The Contractor shall furnish the County
with verification of insurance and endorsements required by this Agreement. The
County reserves the rights to require complete, certified copies of all required
insurance policies at any time.
7. All insurance shall be obtained from an insurance company authorized to do
business in the State of Washington. The Contractor shall submit a
verification of insurance as outlined herein within 14 days of the execution of this
Agreement to the County.
The County will pay no progress payments until the Contractor has fully complied
with Section 7. This remedy is not exclusive; and the County may take such other
action as is available to them under other provisions of this Agreement, or
otherwise in law.
9. Nothing in the foregoing insurance requirements shall prevent the County, at
its option, from additionally requesting that the Contractor deliver to the County
an executed bond as security for the faithful performance of this contract and
for payment of all obligations of the Contractor.
Jefferson Mental Health Services 4
10. The Contractor shall corliply with all Federal, State, and local laws and
ordinances applicable to~ the work to be done under this Agreement. This
Agreement shall be inteirpreted and construed in accord with the laws of the
State of Washington and venue shall be in Jefferson County, WA
Section 8. Independence
The Contractor and the County agree that the Contractor is an independent
Contractor with respect to -the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of
employer and employee. between the parties hereto. The Contractor shall not be
entitled to any benefits accorded County employees by virtue of the services
provided under this agreement. The County shall not be responsible for
withholding or otherwise deducting federal income tax or social security or for
contributing to the state .industrial insurance program, otherwise assuming the
duties of an employer with respect to employee.
Section 9. Assignments and Subcpntractin~
The Contractor shall nod sublet or assign any of the services covered by this
Agreement without the ~xpress written consent of the County.
Section 10. Reporting
The Contractor will provide a report to the County for payment for services
rendered quarterly. Thee, report shall contain a brief summary of the work
performed, relationship to the tasks identified in Exhibit A. The report shall be
submitted to Jefferson County Public Health in care of the Financial Manager,
615 Sheridan Street, Port Townsend, WA 98368.
Section 11. Termination
A. The County reserve the right to terminate this contract in whole or in part,
without prior writte~ 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.
B. This Agreement may also be terminated as provided below:
1. With 14 days' notice by the Board of County Commissioners (or .their
designate) for non-performance of the specific job duties listed in Exhibit
A. Contractor may cure the default ornon-performance during the 14
days that notice of termination is pending.
2. With 14 days' notice by the Contractor by voluntary resignation.
Jefferson Mental Health Services
Section 12. Modification
This Professional Services Agreement maybe modified at any time by written
agreement of all parties
Section 13. Integrated Agreement
This Agreement together with attachments or addenda represents the entire and
integrated agreement between the County and the Contractor and supersedes all
prior negotiations, representations, or agreements written or oral, between the
parties. This Agreement may be amended only by written instrument signed by
both County and Contractor.
A roved this ~ t~~,
pp day of Z~~~:d~~.,~, 2009.
BOARD OF COUNTY COMMISSIONERS
JEFFERSON C LINTY, WASHINGTON
~ ~~~
David Sullivan, Chairperson
1~
A ~ ~
J ferson Mental alth Services
ATTEST:
,.
.~__
Deputy/Clerk of the, oard
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Jefferson Mental Health Services
EXHIBIT A
STATEMENT OF WORK
Jefferson Mental Health Services
I. WORK STATEMENT
Contractor shall perform the following duties to the satisfaction of Jefferson County Public
Health:
Contractor will provide Dialectical Behavioral Therapy (DBT) groups led by registered
mental health professionals to be offered to Safe Harbor Recovery Center Intensive
Outpatient Program (IOP) clients at Safe Harbor Recovery Center. It is understood that
the participants will be methamphetamine users as determined by Safe Harbor Recovery
Center staff.
1. All treatment services shall be voluntary with signed written consent of clients.
2. Treatment will be provided by licensed providers with Criminal Background
Authorizations on file. All mental health professionals will be licensed and certified
by Washington State Department of Health.
3. Billing and Program Reports are due to Jefferson County Public Health quarterly for
Jefferson County Quality and Assurance and to report to the Office of Financial
Management.
4. Contractor shall maintain client records, a record of associated activities, trainings
and referrals.
5. Treatment may include assessment, intervention, follow up, and ongoing relapse
prevention. Contractor will be available to coordinate and consult with Safe Harbor
Recovery staff.
6. Medicaid and/or Medicare and Insurance will be billed and exhausted before billing
this contract.
7. Contractor shall complete an invoice monthly.
Jefferson Mental Health Services