Approve Chemical Dependency-Mental Health-Therapeutic Courts (CD-MH-TC) .1 of 1% Sales and Use Tax Funds to Cascade Community Healthcare BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 20-242
APPROVE AWARDING CHEMICAL DEPENDENCY-
MENTAL HEALTH THERAPEUTIC COURTS (CD-MH-TC)
.1 OF 1% SALES AND USE TAX FUNDS TO CASCADE
COMMUNITY HEALTHCARE
WHEREAS, RCW 82.14.460 authorizes a county to fix and impose a sales and use tax
sales for chemical dependency or mental health treatment services or therapeutic
courts and must be used solely for the purpose of providing for the operation or
delivery of chemical dependency or mental health treatment programs and services
and for the operation or delivery of therapeutic court programs and services; and
WHEREAS, the .1 of 1% sales and use tax authorized in RCW 82.14.460 was approved
by the Board of County Commissioners (BOCC) and adopted in Ordinance 1224 on June
20, 2011; and
WHEREAS, the BOCC of Lewis County has approved awarding funds from the CD-MH-TC
Sales Tax Fund to local agencies for community-based projects which provide
prevention, intervention, and/or treatment of behavioral health and Substance-Use
Disorders (SUD) in Rural Lewis County for persons and/or families of Lewis County; and
WHEREAS, this project would assist in establishing hub sites at local behavioral health
clinics, provide remote behavioral health and substance use counseling and improve
the standard of care and outreach efforts for SUD services in Lewis County by having
select clinical staff trained in brief assessment, intervention, and referral techniques in
order to connect individuals in need of SUD treatment with additional information and
options; and
WHEREAS, matching funds in the amount of $18,000.00 toward the USDA
Telemedicine Grant Program application submitted by the Cascade Community
Healthcare dedicated to telehealth with a focus on behavioral health and substance
abuse and would come from the .1 of 1% sales and use tax imposed by the adoption of
Ordinance 1224 on June 20, 2011; and
WHEREAS, the BOCC has determined that eligible expenditures include creating
telehealth pods at both Hub and End-User Sites, including computers, wiring, speakers,
furniture, and privacy features for the comfort and security of clients; and
WHEREAS, the BOCC has determined that the activity herein described meets the
requirements under RCW 82.14.460 and will provide for the operation or delivery of
chemical dependency or mental health treatment programs and services and is in the
best interest of the general welfare, health and safety of the citizens of the Lewis
County.
NOW THEREFORE BE IT RESOLVED that up to $18,000.00 is hereby pledged on a
reimbursement basis from the County's Mental Health Tax Fund No. 1100, using .1 of
1% sales and use tax in fiscal year 2020, solely for the purpose of establishing a
telehealth network in Lewis County, creating access to telemedicine and SUD treatment
to Lewis County Residents.
DONE IN OPEN SESSION this 13th day of July, 2020.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Amber Smith Gary Stamper
By: Amber Smith, Gary Stamper, Chair
Deputy Prosecuting Attorney
ATTEST: ••� wDOF �s�•• Edna J . Fund
;,Edna J. Fund, Vice Chair
SINCE
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Rieva Lester •••y;' Or•'••• Robert C . Jackson
Rieva Lester, Robert C. Jackson, Commissioner
Clerk of the Lewis County Board of County
Commissioners
SALES AND USE TAX FOR CHEMICAL DEPENDENCY AND
MENTAL HEALTH TREATMENT SERVICES
GRANT AGREEMENT
THIS AGREEMENT is made by and between Cascade Community Healthcare ("the ORGANIZATION"), and Lewis
County("the COUNTY"), a political subdivision and municipal corporation of the state of Washington.
WHEREAS, RCW 82.14.460 authorizes a county to fix, and impose a sales and use tax sales for chemical
dependency or mental health treatment services or therapeutic courts and must be used solely for the purpose
of providing for the operation or delivery of chemical dependency or mental health treatment programs and
services and for the operation or delivery of therapeutic court programs and services; and
WHEREAS, the .1 of 1% sales and use tax authorized in RCW 82.14.460 was approved by the Board of County
Commissioners (BOCC) and adopted in Ordinance 1224 on June 20, 2011; and
WHEREAS,the BOCC of Lewis County has approved awarding funds from the CD-MH-TC Sales Tax Fund to local
agencies for community-based projects which provide prevention, intervention,and/or treatment of behavioral
health and Substance-Use Disorders (SUD) in Rural Lewis County for persons and/or families of Lewis County;
and
WHEREAS, the proposed project would establish a telehealth network in Lewis county, creating access to
telemedicine and SUD treatment in a manner that specifically addresses barriers present in Rural Lewis county;
and
WHEREAS, this project would assist in establishing hub sites at local behavioral health clinics, provide remote
behavioral health and substance use counseling and improve the standard of care and outreach efforts for SUD
services in Lewis County by having select clinical staff trained in brief assessment, intervention, and referral
techniques in order to connect individuals in need of SUD treatment with additional information and options;
and
WHEREAS, allowable expenditures under RCW 82.14.460 include, but are not limited to providing for the
operation or delivery of chemical dependency or mental health treatment programs and services and for the
operation or delivery of therapeutic court programs and services including but is not limited to, treatment
services, case management, transportation, and housing that are a component of a coordinated chemical
dependency or mental health treatment program or service; and
WHEREAS, matching funds in the amount of $18,000.00 towards the USDA Telemedicine Grant Program
application submitted by the ORGANIZATION would be dedicated to telehealth with a focus on behavioral health
and substance abuse and would come from the .1 of 1%sales and use tax imposed by the adoption of Ordinance
1224 on June 20, 2011; and
WHEREAS,the COUNTY has determined that eligible expenditures include creating telehealth pods at both Hub
and End-User Sites, including computers, wiring, speakers, furniture, and privacy features for the comfort and
security of clients; and
WHEREAS, the BOCC has determined that the activity herein described meets the requirements under RCW
82.14.460 and will provide for the operation or delivery of chemical dependency or mental health treatment
programs and services and is in the best interest of the general welfare, health and safety of the citizens of the
Lewis County;and
WHEREAS, the BOCC intends to disburse .1 of 1% sales and use tax to the ORGANIZATION for the purposes
stated in this agreement and consistent with the RCW 82.14.460,
NOW, THEREFORE, in consideration of the premises and mutual benefits and covenants herein contained, it is
agreed by and between the parties hereto as follows:
1. FUNDING: Up to$ 18,000.00 is hereby pledged on a reimbursement basis from the County's Mental
Health Tax Fund No. 1100, using .1 of 1%sales and use tax in fiscal year 2020 and available as of the
date of this signed agreement and solely for the purpose of establishing a telehealth network in Lewis
County, creating access to telemedicine and SUD treatment to Lewis County Residents and applied for
the purpose of the United States Department of Agriculture Distance Learning and Telemedicine Grant
Program.
2. USE OF FUNDS: The ORGANIZATION shall use these COUNTY funds solely for the computers, wiring,
speakers,telehealth platform licensing fees and furniture as described in attachment A.
3. PAYMENT PROVISIONS:Once this Agreement is executed,the ORGANIZATION may submit claim vouchers
to the Lewis County Clerk of the Board at 351 NW North Street, Chehalis, WA 98532 requesting
reimbursement solely for eligible expenses and/or for eligible services as identified in Section 2 of this
Agreement(Use of Funds) and solely up to the maximum amount specified in Section 1 (Funding).
Reimbursement claim shall include the following certificate of authenticity with the dated signature of an
authorized representative of the ORGANIZATION: "I, the undersigned, do hereby certify under penalty of
perjury that the materials have been furnished and the services rendered as described herein". Within
thirty (30) days of receiving a reimbursement claim voucher that meets the requirements of this
Agreement and applicable law,the COUNTY, shall remit to the ORGANIZATION a warrant for the approved
reimbursement amount.
The final claims voucher under this Agreement shall be submitted by the ORGANIZATION no later than
December 1, 2020.
4. EVALUATION AND MONITORING: The ORGANIZATION agrees to maintain its books and records and to
employ accounting procedures, systems and practices that accurately and timely record and track the
expenditures for which reimbursement is sought under this Agreement and provide for full compliance
with the requirements of this Agreement. The ORGANIZATION will retain these supporting records for at
least three (3) calendar years following the year in which the Agreement expires.
The COUNTY and/or the State Auditor and any of their representatives shall have full,timely and complete
access to all books, records and other documents and evidence of the ORGANIZATION respecting all
matters related to this Agreement and the activities for which reimbursement is sought or made, and
shall have the right to examine such during normal business hours as often as the COUNTY and/or the
State Auditor may deem necessary.Such representatives shall be permitted to audit, examine and make
excerpts of or transcripts from such records, and to audit all contracts, invoices, materials, and records of
matters related to this Agreement and the activities for which reimbursement is sought or made. These
access and examination rights shall continue for three (3) calendar years following the year in which the
Agreement expires.
The COUNTY cannot guarantee but intends for its agents to use reasonable security procedures and
protections to assure that related records and documents provided by the ORGANIZATION are not
erroneously disclosed to third parties.The COUNTY will, however, disclose or make this material available
to those authorized in the immediately preceding paragraph or permitted under the provisions of Chapter
42.56 RCW, any other applicable public disclosure law, or order of any court or agency of competent
jurisdiction,without notice to the ORGANIZATION.
5. RECAPTURE PROVISION: In the event the ORGANIZATION fails to expend these funds in accordance with
state law and/or the provisions of this Agreement or obtains reimbursement of ineligible expenditures,
the COUNTY reserves the right to recapture funds in an amount equivalent to the extent of
noncompliance. Such right of recapture shall continue for a period of two (2) years following release of
any report from an audit conducted by the COUNTY and/or the State Auditor's Office under the Section
4 (EVALUATION AND MONITORING) provisions or the 3-year records retention period required under
Section 4(EVALUATION AND MONITORING), whichever expires later. Repayment by the ORGANIZATION
of any funds recaptured under this provision shall occur within twenty (20) days of any demand. In the
event the COUNTY is required to institute legal proceedings to enforce this recapture provision, the
COUNTY shall be entitled to its costs thereof, including reasonable attorney's fees.
6. NONDISCRIMINATION:
The ORGANIZATION shall comply with all federal and state nondiscrimination laws, including but not
limited to chapter 49.60 RCW—Washington's Law Against Discrimination, and 42 U.S.C. 12101 et seq. —
the Americans with Disabilities Act(ADA). In the event the ORGANIZATION fails or refuses to comply with
any federal or state nondiscrimination law,this Agreement may be rescinded, canceled or terminated by
the COUNTY in whole or in part.
7. INDEMNIFICATION:
Providence Health Care Foundation shall protect, defend,indemnify and hold harmless Lewis County, the
BOCC, its officers, agents, and employees, or any of them from and against any and all claims, actions,
suits, liability,loss,costs,expenses,and damages of any nature whatsoever,which are caused by or result
from the performance of this Agreement by either party. This indemnity and hold harmless agreement
shall not apply to acts or omissions of the County's officers, agents, and employees that are not in good
faith and are outside the scope of their official duties.
8. DISPUTE RESOLUTION
a) If a dispute arises between the parties with regards to the performance of any provision of this
agreement or the interpretation thereof,the parties agree to follow the procedure set forth below.
It is the goal of the parties to resolve their differences as early and amicably as possible.
b) The parties shall first meet to attempt to see if the matter can be informally resolved.This informal
resolution attempt may involve more than one meeting but is not required to involve more than
one meeting.
c) If the parties are unable to resolve their differences,the parties will endeavor to settle the dispute
by mediation under such mediation rules as shall be mutually agreeable to the parties. Such
mediation shall be non-binding but shall be a condition precedent to having said dispute decided
in court by a judge or jury. Mediation shall commence, unless otherwise agreed, within thirty (30)
days of a party's written request for mediation of a dispute. Any resolution at this stage shall be
reduced to writing and, if it involves an interpretation of the agreement, it shall be considered an
addendum to this agreement without the need for formal adoption by the governing bodies of the
jurisdictions that are parties to this agreement. Any costs related to mediation shall be shared
equally by the parties.
9. ENTIRE AGREEMENT/MODIFICATIONS: This Agreement represents the entire agreement of the parties
with respect to the subject matter. No other understandings,oral or otherwise, exist regarding the subject
matter of this Agreement or shall be deemed to exist. The COUNTY and the ORGANIZATION may, from
time to time, mutually agree to amend this Agreement; however, no such change shall be effective until
memorialized in writing and signed by the authorized representatives of the COUNTY and the
ORGANIZATION, respectively.
10. AGREEMENT PERIOD:The term of this Agreement shall commence on the 29th day of June and terminate
on the 1st day of October, both dates inclusive, unless sooner terminated as provided for herein.
For the COUNTY:
Lewis County Commissioners
351 NW North St.
Chehalis, WA 98532
Telephone: 360-740-1419
For the ORGANIZATION:
Cascade Community Healthcare
Centralia,WA, 98531
Telephone:
IN WITNESS WHEREOF legal representatives of both the ORGANIZATION and the COUNTY have executed this
Agreement on the date(s)so noted below.
6
The parties have caused this Agreement to be executed in duplicate originals this July 13, 2020
CASCADE COMMUNITY HEALTHCARE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY,WASHINGTON
07A.:4047/
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signature) Ga tam er,Chair
2JI2( ) 11J woid,o .@,. Edn. Fund,Vice h.'
Centralia, WA 98531
Robert C. ackson, Member
'f.
APPROVED AS TO FORM:
Jonathan Meyer, Prosecuting Attorney
y: Deputy Pr secuting Attorney
ATTEST:
•
va L s er, Clerk of the Board
5
BOCC AGENDA ITEM SUMMARY
Resolution: 20-242 BOCC Meeting Date: July 13, 2020
Suggested Wording for Agenda Item: Agenda 'type: Deliberation
Approve Awarding Chemical Dependency-Mental Health Therapeutic Courts (CD-MH-TC) .1 of 1%
Sales and Use Tax Funds to Cascade Communit a ti.-t carE.
Contact: Becky Butler Phone: 360-740-1198
Department: BOCC - Board of County Commissioners
Description:
Approving a grant agreement between Lewis County and Cascade Community Healthcare to
establish telemedicine for SUD treatment
Approvals: Publication Requirements:
Publications:
User Status
Erik Martin Pending
PA's Office Pending
Additional Copies: Cover Letter To:
Rieva Lester, Becky Butler and JP Anderson Cascade Community Healthcare
www.cascadementalhealth.org
2428 W Reynolds Avenue
Centralia, WA 98531