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Concurring in LC Superior Court's Contract with CORE Health for Substance Use Disorder & Behavioral Health Treatment BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: RESOLUTION NO. 21-013 CONCURRING IN THE LEWIS COUNTY SUPERIOR COURT'S CONTRACT WITH CORE HEALTH FOR SUBSTANCE USE DISORDER & BEHAVIORAL HEALTH TREATMENT FOR LEWIS COUNTY DRUG COURT & FAMILY RECOVERY COURT PROGRAMS WHEREAS, on August 17, 2020, the Superior Court publicized a Request for Proposals (RFP) for substance use disorder and behavioral health treatment for the Lewis County Drug Court & Family Recovery Court programs, with the concurrence of the Lewis County Board of County Commissioners; and WHEREAS, the Superior Court received and evaluated proposals from four applicants in accordance with the RFP; and WHEREAS, the Superior Court considered the proposal submitted by CORE Health to be best according to the criteria therein, with which the Board of County Commissioners concurred on Nov. 2, 2020; and WHEREAS, the Superior Court negotiated an acceptable contract with CORE Health for the requested services . NOW THEREFORE BE IT RESOLVED the Board of County Commissioners concurs in the contract negotiated and signed by the Superior Court, and affirms the Superior Court's signature as an indication of its consent to the contract. DONE IN OPEN SESSION this 4th day of January, 2021. Page 1 of 2 Res. 21-013 APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON Eric Eisenberg Gary Stamper By: Eric Eisenberg, Gary Stamper, Chair Chief Civil Deputy Prosecuting Attorney '' NTY •• Lindsey R. Pollock, DVM ATTEST: ••c�" "• /4, of•�'�SC �Lddsey R. Pollock, DVM, Vice Chair .o. CV, vs45 • •.�;`'^��o " °• e Swo Rieva Lester •;' &61;•%:•* Sean D. Swope Lester, Sean D. Swope, Commissioner Clerk of the Lewis County Board of County Commissioners Page 2 of 2 Res. 21-013 BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: RESOLUTION NO. 20-386 ANNOUNCING THE SUCCESSFUL APPLICANT IN THE SUPERIOR COURT'S REQUEST FOR PROPOSALS FOR SUBSTANCE USE DISORDER AND BEHAVIORAL HEALTH TREATMENT FOR THE LEWIS COUNTY DRUG COURT & FAMILY RECOVERY COURT PROGRAMS WHEREAS, on August 17, 2020, the Superior Court publicized a Request for Proposals (RFP) for substance use disorder and behavioral health treatment for the Lewis County Drug Court & Family Recovery Court programs, with the concurrence of the Lewis County Board of County Commissioners; and WHEREAS, the Superior Court received and evaluated proposals from four applicants in accordance with the RFP; and WHEREAS, the Superior Court considered the proposal submitted by CORE Health to be best according to the criteria therein. NOW THEREFORE BE IT RESOLVED the successful applicant in the Superior Court's RFP for substance use disorder and behavioral health treatment for the Lewis County Drug Court & Family Recovery Court programs is announced to be CORE Health. The Superior Court will negotiate a contract with the applicant and, upon presentation of a contract acceptable to the Superior Court and the Lewis County Board of County Commissioners, will enter into the contract. DONE IN OPEN SESSION this 2nd day of November, 2020. APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON Eric Eisenberg Absent By: Eric Eisenberg, Gary Stamper, Chair Chief Civil Deputy Prosecuting Attorney ATTEST: •'�°-""''-•"�s'• Edna J . Fund •3`` OF'•fi�C•• ::Edna J. Fund, Vice Chair • • 1g45 '/:V,COIM:\'`` • Robert C . Jackson Rieva Lester s`y;,CTO ` � Rieva Lester, Robert C. Jackson, Commissioner Clerk of the Lewis County Board of County Commissioners Lewis County Superior Court Solicitation Request for Proposal for Substance Use Disorder & Behavioral Health Treatment for Lewis County Drug Court & Family Recovery Court programs. Introduction and Application Process Instructions Lewis County Superior Court has issued a Request for Proposals for the delivery of substance use disorder and behavioral health treatment in connection with the Drug Court and Family Recovery Court programs. The solicitation seeks a Washington State licensed behavioral health agency to partner with Lewis County Superior Court to provide assessment and treatment of substance use disorders and diagnosis and treatment of mental illness in a population of up to 80 individuals(age 18+),at any given time, participating in the Drug Court and Family Recovery Court. Lewis County Superior Court seeks behavioral health treatment providers who are able to provide these comprehensive services to both programs. Qualified applicants must provide a proposal and budget detailing how their agency will deliver services to each program: • Treatment for Substance Use Disorders& Mental Health within the Lewis County Adult Drug Court • Treatment for Substance Use Disorders&Mental Health within the Lewis County Family Recovery Court Services must be fully coordinated with Lewis County Drug Court and Family Recovery Court staff and management. Services delivered will be a component of an evidence-based approach to addressing substance use disorders and mental illness in justice-involved populations. The successful bidder will demonstrate capacity to dedicate treatment staff to the Drug Court and Family Recovery Court programs and be able to fully follow the therapeutic court policies and procedures. The successful bidder will demonstrate the capacity to bill all services delivered that are a covered benefit of program participants' health insurance to their carrier. Agencies may submit a coordinated proposal as needed. For instance, if an agency does not provide mental health services that agency may collaborate with one that does and submit a proposal. BACKGROUND Lewis County Superior Court through the Drug Court Office is currently operating two therapeutic justice programs, an Adult Drug Court and Family Recovery Court. These programs represent the coordinated efforts of Lewis County criminal justice agencies, Department of Children, Youth and Families as well as behavioral health treatment professionals to successfully intervene in the cycle of substance use and crime. The programs are designed to coordinate therapeutic interventions with judicial oversight through intensive supervision and individual accountability. The Therapeutic Court programs use a collaborative team approach that includes the Therapeutic Court Judge, Page 1 of 9 prosecuting and defense attorneys, program coordinator, law enforcement, case managers, social workers, and behavioral health treatment providers. Participant entry into the Therapeutic Court programs is voluntary and based on established eligibility criteria. The target population for Drug Court are adults charged with non-violent felony crimes committed in Lewis County, identified as "high risk" for recidivism and "high need" for substance use disorder and/or co-occurring treatment services.The target population for the Family Recovery Court are parents with an open dependency case that have substance use alleged in their petition. Both programs consist of a multi-phased, comprehensive structure that includes treatment, individual and group therapy, random toxicology tests, case management services, regular court appearances, attainment of basic education, stable housing and employment. Advancement through the phases, including graduation, is based upon participant compliance with phase requirements and adherence to individualized service plans. In order to be considered for funding under this solicitation, organizations must demonstrate an understanding of and commitment to therapeutic courts. In addition: • The Behavioral Health Agency must be willing to commit a single staff/point of contact to the Lewis County therapeutic court programs. It is expected that the designated substance use disorder treatment staff serving the therapeutic courts will have caseloads entirely of Drug Court and Family Recovery Court referred participants. Mental Health treatment staff may have caseloads combined with regular outpatient clientele. • A designated SUD (or trainee) and mental health professional must be present at Drug Court staffing and court every Monday from 1PM-5PM. • A designated SUD (or trainee) and mental health professional must be present at Family Recovery Court staffing and court session every Friday from 1:30PM-5PM. • The Behavioral Health Agency must be willing to add staff as needed and as the therapeutic court programs grow and expand. • Participation in best practice activities of successful therapeutic courts, including participating in weekly client staffing meetings and court, training programs, and sharing information about client treatment participation in accordance with therapeutic court procedures is required. PROGRAM COMPONENTS Services delivered by the successful bidder will support implementation of the Adult Drug Court Best Practice Standards, https://www.nadcp.org/standards/adult-drug-court-best-practice- standards/and Family Treatment Court Best Practice Standards, https://www.nadcp.org/wp- content/uploads/2019/09/Family-Treatment-Court-Best-Practice-Standards Fina12.pdf. All services must be fully coordinated with Lewis County Drug Court and Family Recovery Court program staff. The services delivered will include use of evidence-based approaches for treating substance use disorders and mental illness in justice involved populations. Page 2 of 9 Core staff positons: The successful bidder will have an experienced and designated point of contact, who is a Washington State Certified Chemical Dependency Professional (or trainee with more than 750 hours) ready to provide services as of January 1, 2021. The successful bidder will have the capacity to assess and treat substance use disorders and mental illness as co-occurring disorders OR will have collaborated on this application to ensure both services are met. FUNDING Services are funded with a blend of Lewis County Treatment Sales Tax, private and public insurance coverage and other state grant funds. It is expected that services provided through most phases of the programs are medically necessary to treat a behavioral health condition and will be funded through the participant's insurance coverage. Non-covered services will be funded through grant funds and other local resources, as a payer of last resort. APPLICATION COMPONENTS Applicant Narrative 1. Provide a brief description of your agency including name, type of organization, date organization was established, services provided by the organization, and area served. 2. Specify your agency's capacity, qualifications and experience providing evidence based behavioral health treatment for justice-involved individuals in Lewis County. Include a summary of each program design. 3. Provide your organization's mission statement. If your organization does not have a mission statement, describe the mission of your organization. 4. Describe why your agency is interested in providing this type of services. 5. Describe how your agency will collect and process random urinalysis testing samples, as ordered by the Court programs. 6. Provide a plan for transitioning current participants in the Court programs into your program. Applicant Declaration Form 1. Submit a completed applicant declaration form (attached). GENERAL INFORMATION AND REQUIREMENTS Proposals must be received no later than 4:00PM on Tuesday September 22, 2020. • Application Submittal Requirements: In order for an application to be considered, the applicant must adhere to guidelines and instructions that are stated in this document. • Payment: Payments will be made monthly on a basic invoice based upon an agreed upon rate schedule. • Eligible Applicants: Washington State Licensed Behavioral Health Agencies. Applicants must be free or be taking action to be free of any correction notice or action by the DOH, County or DSHS. Please attach a copy of all applicable licenses. If the applicant agency is subject to current or pending disciplinary action, please provide an attached Page 3 of 9 statement explaining the following: (1) the disciplinary action; (2) what prompted disciplinary action; (3) what corrections have been made or are in the process of being made in response to the action; (4)the agency's plan to be free from any such actions or similar actions in the future. • External Financial Audit: Attach the most recent external financial audit and management letter, if any. • Contact Information: All inquiries shall be directed to the Solicitation Coordinator: Stephanie Miller, Drug Court Manager E-mail: stephanie.miller @lewiscountywa.gov Phone: 360-740-2731 • Instructions, Forms, and Other Documents: The application instructions, forms, and other documents are in a combination of Microsoft Word and PDF formats and can be printed from the website. If you are unable to open and/or print any of these documents, you may contact Stephanie Miller to make arrangements to receive paper copies of these documents. • Amendments to Solicitation: The County reserves the right to issue amendments to this solicitation for clarification, substitution, addition, or deletion. Applicants are strongly advised to check the website periodically to see if amendments have been posted. • Cancellation: The County reserves the right to cancel this solicitation in whole or in part and any or all proposals may be accepted or rejected in whole or in part. • Proposal Revisions: The County may find it necessary to seek clarification from applicants regarding any of the responses submitted.The County may, at its discretion, request that applicants submit additional information in order to permit a more informed evaluation of the application. • Property of the County: Any application submitted becomes the property of the County and will not be returned to the applicant. • Contract Awarding:A diverse group of community stakeholders will assist by reviewing and scoring each proposal against required criteria. Scores will not be released until after the award is made. Expected Timeline: Application Process Tentative Date Issue RFP August 17, 2020 Receipt of full application by 4PM on September 22, 2020 Agency Oral Presentations October 14-15, 2020 Successful Bidder Announced by Commissioners November 2, 2020 Agency Contract Development Process November/December 2020 Service Start Date January 1, 2021 Page 4 of 9 TECHNICAL REQUIREMENTS OF THE PROPOSAL: • Use standard 8.5 x 11 white paper; • Use 12-point font, black, double-spaced narratives with one-inch margins; • Print your organization name as a header on all pages of the application response; • Insert page numbers at the bottom of the page; • Submit one original and one copy stapled in the upper left-hand corner; • There is no minimum or maximum number of pages for the entire response; • Unnecessarily elaborate responses beyond that sufficient to present a complete and effective response are not desired; • Proposal applications that are incomplete or do not follow the guidelines described in the "General Information and Requirements" and "How to Apply" sections will not be considered; • All questions must be answered; • All required attachments must be included. DELIVERY OF THE PROPOSAL: Applications and related materials must be received no later than 4PM on September 22, 2020 to be considered. The applicant assumes full responsibility for the delivery method chosen. Applications must be clearly marked with: BEHAVIORAL HEALTH PROVIDER FOR LEWIS COUNTY DRUG COURT& FAMILY RECOVERY COURT PROGRAMS. Applications may be submitted via US post, courier or delivery service, or in person at: Lewis County Law and Justice Center Attn: Stephanie Miller 345 West Main, 2nd Floor Chehalis, WA 98532 Stephanie.miller @lewiscountywa.gov Proposals received after 4:00 p.m. (Pacific Time) on September 22, 2020 will be disqualified from consideration under this Solicitation. The proposal may be hand-delivered, mailed, or delivered by parcel, courier, or other delivery service. A postmark or other mark will not be accepted as receipt of the proposal. The applicant assumes full responsibility for the delivery method chosen. APPLICATION PROCESS AND INSTRUCTIONS Lewis County Drug Court and Family Recovery Court programs are requesting proposals from experienced, licensed and qualified agencies to perform behavioral health services for the program participants beginning January 1, 2021 -December 31, 2021. Agencies interested in applying must complete and submit the following information: Page 5 of 9 Part 1—Requirements 1. Provide a brief description of your agency including name, type of organization, mission statement, date organization was established, services provided by the organization and area served. 2. Describe your agency's qualifications and experience providing evidenced-based behavioral health (include substance use and mental health)treatment with reference to the Threshold Criteria below. 3. Provide a summary of program design. 4. Budget projections for 2021. Identify all sources and amount of other resources (such as Medicaid and private insurance) to be used. Include fees to be charged, third party reimbursements and in-kind resources. Part 2—Threshold Criteria • Demonstrated experience operating therapeutic justice services for the program service area making application (Drug Court and Family Recovery Court) • Demonstrated experience delivering coordinated SUD and MH behavioral health treatment services • Demonstrated experience utilizing and delivery of best practices • Ability to report services provided for data management purposes • Demonstrated staff capacity and readiness to implement service delivery • Be in good standing with all of its grantors/funders and demonstrated sound financial practices • Proof of current WA business license, certifications and 501c3 status if applicable • Ability to submit claims to private and public insurance • Capacity to operate the program on a cost-reimbursement basis • Fiscal management system compliant with government accounting systems • Ability to comply with the insurance requirements of the contract • Demonstration of working partnerships with other behavioral health, social services and other relevant providers and engage in collaborative approach to case management • Prioritization of Drug Court and Family Recovery Court program participants within agency's scope of behavioral health service delivery and ability to involve additional staff and resources to augment treatment and support services as treatment plans indicate • Prompt assessment and admission of patients to medically necessary level of care • Ability to monitor gender specific random UA tests • Operation of program according to the Therapeutic Court model and/or best practices. • Ability to receive and incorporate ongoing updates, tools, and best practices • Experience with measuring and documenting positive outcomes Part 3 -Scoring Criteria All interested applicants must complete and submit a narrative responding to the information below. (1) Experience and Readiness to serve Drug Court and Family Recovery Court (0-30 points) Page 6 of 9 Applicants will receive points based on readiness to implement services based on experience. • Please describe your agency's qualifications and experience working with the criminal justice system and any Therapeutic Court Program. If none, please describe your agency's willingness to receive technical assistance to gain expertise. • Describe your agency's qualifications and experience providing the evidenced based behavioral health treatment for justice involved individuals • Please describe the levels of care provided, the major differences and if services are offered for both individuals and families. • Describe your agency's training and use of Moral Reconation Therapy, Seeking Safety, and Cognitive Behavioral Therapy. Include any other manualized treatment curricula used. • Describe your approach to providing individualized, group and cognitive behavioral based services specifically, Moral Reconation Therapy–MRT; Seeking Safety, for both gender- specific and mixed-gender groups which will provide integrated and comprehensive treatment services. • Describe your agency's ability to provide a clinical case manager, counselor or other approved and designated staff to participate in multi-disciplinary clinical staffing, court hearings, quarterly team meetings, trainings and to enter compliance updates into databases specific to Drug Court and Family Recovery Court. • Describe your agency's practice of collecting and reporting randomized/observed urine toxicology services for all therapeutic court program participants regardless of status in treatment. Describe how you will ensure availability of appropriate gender, adhere to frequency of proposed tests, randomness, days random urinalysis can be performed, cost structure and billing practices Note: urinalysis work in this project will likely consist of collection and packaging of samples for further testing by another entity. • Describe how the agency plans to work within the court environment and culture. Please include how the agency envisions working with the court personnel (including the judge, the attorneys, and the Drug Court Manager). • Describe how your agency conducts assessments utilizing a multi-dimensional evaluation based on American Society of Addiction Medicine (ASAM criteria) for substance use and co- occurring disorders and appropriate referral to ASAM level of care, treatment planning and monitoring of treatment goals identified Assessment/Intake/Individualized Service Plan development/case management process. Include the proposed, sequence and timing of services. • Describe how the agency ensures culturally competent,trauma-informed treatment is provided to program participants. • Describe your after-hours and emergency service protocols. • Indicate how many years your organization has been licensed and certified by the State of Washington to provide chemical dependency and/or mental health treatment services. • If available, please provide a copy of your organizational chart that clearly describes key administrative and operational components. • Describe any other relevant services your agency providers that program participants would have access to—e.g., transportation, housing, or other wrap around services (2) Coordination of Care (0-25) Applicants will receive points based on the organization's demonstrated ability to coordinate care. Page 7 of 9 • Describe your agency's integrated behavioral health treatment delivery framework • Describe your agency's ability to make necessary referrals and to maintain care coordination with other providers for SUD interventions not available within the program (i.e. detox, inpatient, MAT services) • Describe your agency's willingness to communicate regularly and how your agency will communicate effectively with the programs and specifically all team members. • Describe collaborative partnerships the agency has with other organizations that enhance treatment outcomes for their clients. Please provide some examples which illustrate how such collaboration has benefited client treatment outcomes. Please describe how the agency resolves conflicts that emerge in collaborative relationships. (3) Quality Assurance (0-25) Applicants will be scored on the organization's process for evaluating its services and client outcomes • Describe how your agency uses an internal client satisfaction survey. If so, please provide a copy of the instrument and the results for the past year. Describe improvements that the agency implemented in response to client feedback and the strengths identified by clients. • Describe how the organization will measure treatment outcomes for the participants in the Drug Court and Family Recovery Court programs. • Describe any other relevant quality assurance process employed by the organization. (4) Leveraging (0-20) Applicants will receive points based on the extent to which the service can leverage additional resources for sustainability • Describe your procedures for determining client financial eligibility and submitting claims for reimbursement to public and private insurance. Describe other possible resources, including grant options and in-kind support to the programs. LIMITATIONS: This RFP does not commit Lewis County to award a contract, to pay any costs incurred in the preparation of a response to this RFP or for interviews if they are held, or to procure or contract for services or supplies. Lewis County reserves the right to accept or reject any or all proposals received as a result of this RFP, to negotiate with all qualified sources, to waive formalities, to postpone award, or to cancel in part or in its entirety this RFP if it is in the best interest of Lewis County. Page 8 of 9 DECLARATION FORM: Regarding: Lewis County Superior Court Solicitation Behavioral Health Treatment for Lewis County Therapeutic Justice Programs to be delivered no later than 8:00am on January 1, 2021 Applicant, by and through its undersigned representative,makes the following declarations: Organization Name Address Type of legal structure Contact person Phone number Fax number Email address I have the authority to submit this proposal on behalf of my organization. Yes No (check one) I understand and agree that the County may accept my organization's proposal in whole or in part and that the County may request that my organization consider modifying items in the proposal. Yes No (check one) I understand and agree that if my organization is selected as an apparently successful bidder,the County is not bound to offer a contract. Yes No (check one) During the past three years my organization has had: a. Audit Findings: Yes No (check one) b. License Revocation or Suspensions: Yes No (check one) c. DSHS, BHO, DOH or CMS Investigation: Yes No (check one) If I answered "yes"to any of the above,the following is my explanation of each, use additional paper if necessary: I have the authority to make the preceding declarations on behalf of my organization. Yes No (check one) By signature listed below the organization declares that it is not nor any of its owner(s),officers, partners,and representatives are not debarred,suspended, ineligible for,or otherwise excluded from participation in Federal Assistance programs under Executive Order 12549,Title 31 U.S.Code 6101 Note,Executive Order 12549, Executive Order 12689,Title 48 Codified Federal Regulation 9.404,"Debarment and Suspension",or under any other provision of law pertaining to debarment. Further,the agency, its owner(s),officers, partners, limited partners,or representatives,will not contract with a subcontractor that is debarred,suspended,ineligible for,or otherwise excluded,as referenced in the foregoing Executive Orders,U.S.Codes and Codified Federal Regulations. To the best of my knowledge the information contained in this proposal is accurate and complete,the agency will satisfy all requirements of the Request for Proposal and that I have the legal authority to bind my agency to a contractual agreement. Signed: Name and Title Date Page 9 of 9 BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: RESOLUTION NO. 20-277 CONCURRING IN THE SUPERIOR COURT'S REQUEST FOR PROPOSALS (RFP) FOR SUBSTANCE USE DISORDER & BEHAVIORAL HEALTH TREATMENT FOR LEWIS COUNTY DRUG COURT & FAMILY RECOVERY COURT PROGRAMS WHEREAS, the Lewis County Superior Court operates Drug Court and Family Recovery Court Programs in accordance with nationwide evidence-based treatment and management practices to reduce recidivism and improve criminal-justice and family- reunification outcomes; and WHEREAS, these programs require a substance use disorder and behavior health treatment provider to assess and treat the program participants; and WHEREAS, the Lewis County Superior Court and Lewis County Board of County Commissioners (BOCC) wish to maximize the quality of participants' care per unit cost; and WHEREAS, the Lewis County Superior Court is seeking proposals from treatment providers to that end, and the BOCC concurs in this process. NOW THEREFORE BE IT RESOLVED the Board of County Commissioners concurs in the Lewis County Superior Court's decision to prepare an RFP, evaluate responses and negotiate a contract with a qualified treatment provider approval by both governmental entities; and the Clerk of the Lewis County BOCC is instructed to cooperate with all appropriate and necessary efforts to advertise for said purpose. Details about the RFP will be available online at https://lewiscountywa.gov/offices/superior-court/blog/request- proposal-substance-use-disorder-behavioral-health-treatment. DONE IN OPEN SESSION this 17th day of August, 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: poF qs,;• Edna J . Fund � � '` .Edna J. Fund, Vice Chair •^, CE 845 =r . Rieva Lester `:s71C0,0 .`•' Robert C . Jackson Rieva Lester, Robert C. Jackson, Commissioner Clerk of the Lewis County Board of County Commissioners Request for Proposal (RFP) Substance Use Disorder and Behavioral Health Treatment Lewis County Drug Court Program through the Superior Court solicits interest from Washington State licensed behavioral health agencies with expertise in the assessment and treatment of substance use disorders and the diagnosis and treatment of mental illness to coordinate and provide services to the Drug Court and Family Recovery Court Program participants. Agencies desiring consideration shall submit one copy of a complete proposal packet to: Lewis County Drug Court Program Attention: Stephanie Miller 345 West Main Street, 2nd Floor Chehalis, WA 98532 For more information about the project and submittal requirements, contact Stephanie Miller at 360-740-2731 or via email at Stephanie.miller a(�lewiscountywa.gov. Lewis County is an equal opportunity and affirmative action employer. Minority- and women- owned firms are encouraged to submit statements. Dated this 17th day of August 2020. Rieva Lester Clerk of the Board of County Commissioners Lewis County, WA PUBLISH: The Chronicle —Aug. 18 and 25, 2020 Lewis County web site @ www.lewiscountywa.gov PERSONAL SERVICES AGREEMENT LEWIS COUNTY SUPERIEOR COURT DRUG COURT AND CORE HEALTH THIS CONTRACT is made and entered into this day between LEWIS COUNTY SUPERIOR COURT, hereinafter referred to as"DRUG COURT",and CORE Health from here on referred to as the"CONTRACTOR." DRUG COURT desires the professional services and specialized skills and other supportive capabilities to perform Substance Use Disorder Treatment and Mental Health services for Adult and Family Drug Court participants. The CONTRACTOR is qualified and possesses sufficient skills and expertise to perform the services identified. THEREFORE, in consideration of the terms and conditions contained herein,the parties agree as follows: SERVICES In consideration of the timely and properly documented and invoiced substance abuse and mental health services rendered to DRUG COURT by CONTRACTOR during the term of this Agreement, including but not limited to individual SUD and therapeutic sessions,group counseling, urinalysis testing,all as defined in Attachment A to this Agreement (hereinafter "Services"), DRUG COURT agrees to make Payments in accordance with the schedule of fees or charges listed in Section III of this Agreement. The CONTRACTOR'S Scope of Work and Compensation for such Services is described in Attachment A to this Agreement, which attachment is incorporated herein by reference. II. DURATION OF CONTRACT The CONTRACTOR shall provide the Services commencing on January 1, 2021 and continuing through December 31, 2021, unless this Agreement is earlier terminated in accordance with Section XI of this Agreement. III. PAYMENT As consideration for the Services rendered by CONTRACTOR,DRUG COURT shall pay CONTRACTOR at the rate of $177.58 per SUD counseling hour, $355.61 per SUD assessment, and $44.40 per SUD participant per group hour. As consideration for the Services rendered by CONTRACTOR, DRUG COURT shall pay CONTRACTOR at the rate of$177.58 per Mental Health therapy hour, $266.37 per Mental Health intake and at the rate of $339.02 per hour for Psychiatric ARNP services. A. TAXES CONTRACTOR understands and acknowledges that DRUG COURT will not withhold any taxes from Payments. All compensation received by CONTRACTOR will be reported to the Internal Revenue Service(IRS)at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payment throughout the year, if any, and CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this Agreement. CONTRACTOR hereby agrees to indemnify DRUG COURT, Lewis County, its officials, agents and representatives against any demand to pay taxes arising from CONTRACTOR's failure to pay taxes on compensation earned pursuant to this Agreement. IV. ACCOUNTING AND PAYMENT FOR CONTRACTOR SERVICES Reimbursement to the CONTRACTOR for the services rendered under this Agreement shall be based upon invoices provided by the CONTRACTOR supported by appropriate documentation of the time spent on a monthly basis. The invoices shall include the actual hours worked and shall be submitted by the 10'h of the month following the work done. Reimbursement for the following month shall be specifically conditioned on receipt of this information in a timely fashion. Reimbursements are to be paid to CONTRACTOR within 15 days of invoice date. V. INDEPENDENT CONTRACTOR CONTRACTOR'S Services shall be furnished by the CONTRACTOR as an independent Contractor and this Agreement shall not be construed to create a relationship of employer-employee or master-servant, but all Services shall be performed pursuant to this Agreement by the CONTRACTOR as an independent Contractor. CONTRACTOR agrees and acknowledges that the entire compensation for this Agreement is specified in the resolution, and CONTRACTOR is not entitled to any benefits from Lewis County or the State of Washington including, but not limited to: vacation pay, sick leave pay, medical, dental, or other insurance benefits,or any other rights or privileges afforded to COUNTY or STATE employees. A. Assignment and Subcontracting: No portion of this Agreement may be assigned or subcontracted to any other individual, firm, or entity without the prior written consent of DRUG COURT. Subcontractors and assignees shall be held to the same standards and requirements of CONTRACTOR and CONTRACTOR'S personnel under this Agreement and CONTRACTOR shall be responsible and liable for the work of said subcontractor or assignee. VI. HOLD HARMLESS A. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold Lewis County, the State of Washington, and their respective departments, elected and appointed official, employees, agents and volunteers ("Indemnitees"), harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney fees and alternative dispute resolution costs, for any personal injury,for any bodily injury,sickness,disease or death and for any damage to or destruction of any property(including the loss of use resulting therefrom)which 1)are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from , or in connection with performance of this Agreement. This indemnification obligation of the CONTRACTOR shall not apply in the limited circumstance where the claim,damage, loss or expense is caused by the sole negligence of the Indemnitee(s). This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act,RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act,and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to DRUG COURT to enter into this Agreement,are reflected in the CONTRACTOR's compensation,and have been mutually negotiated by the parties. CONTRACTOR's initials acknowledging indemnity terms M VII. INSURANCE A. Professional legal Liability: The CONTRACTOR,if a licensed professional,shall maintain Professional Legal Liability or Professional Errors and Omissions coverage appropriate to the CONTRACTOR's profession and shall be written subject to limits of not less than$1,000,000 per loss. 1) The coverage shall apply to liability for a professional error,act or omission arising out of the scope of the CONTRACTOR'S services defined in this Agreement. Coverage shall not exclude hazards related to the work rendered as part of the contract or within the scope of the CONTRACTOR's services as defined by this Agreement including testing, monitoring, measuring operations, or laboratory analysis where such services are rendered as part of the Agreement. 2) The CONTRACTOR's liability insurance provisions shall be primary with respect to any insurance or self-insurance programs covering Lewis County, its elected and appointed officers, officials, employees and agents. 3) 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. 4) The CONTRACTOR shall maintain all required policies in force from the time serves commence until services are completed. Certificates, policies, and endorsements expiring before completion of services shall be promptly replaced. B. The CONTRACTOR shall furnish the Lewis County Risk Manager with properly executed Certificates of Insurance or a signed policy endorsement which shall clearly evidence all insurance required in this Section prior to commencement of services. The certificate will, at a minimum, list limits of liability and coverage. VIII. NONDISCRIMINATION The CONTRACTOR agrees to comply with all applicable local, state and/or federal laws and ordinances and agrees not to discriminate in delivery of services or other activities on the grounds of race,color,religion, national origin,age,gender,marital status,veteran status,sexual orientation,or the presence of any sensory, mental,or physical disability. IX. RECORDS AND INSPECTIONS The CONTRACTOR shall maintain full and accurate records with respect to all matters covered under this Agreement. Lewis County shall have free access to such records and the right to examine and audit the same and to make copies, and to inspect all program data and documents. To access such records, Lewis County shall make an appointment with CONTRACTOR during regular business hours. CONTRACTOR will make records available within two business days from request of DRUG COURT. This Agreement is subject to review by any Federal or State auditor. Lewis County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the appropriate Lewis County Financial Officer. Such review may occur with or without notice, and may include but is not limited to: on-site inspection by Lewis County agents or employees, inspection of all records or other materials which Lewis County deems pertinent to the Agreement and its performance and any and all communication with or evaluations by service recipients under this Agreement. CONTRACTOR shall preserve and maintain all financial records relating to the performance of work under this Agreement for three(3) years after contract terminations and shall make them available for such review, within Lewis County, State of Washington upon request. X. MODIFICATIONS Either party may request changes in scope of Services or performance standards. Any and all modifications, including extension of the Agreement shall be mutually agreed upon and incorporated by written amendments to the Agreement and signed by DRUG COURT and the CONTRACTOR. XI. TERMINATION A. Termination for Default If CONTRACTOR defaults by failing to perform any of the obligations of the Agreement or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency makes an assignment for the benefit of creditors, DRUG COURT may give 30 days written termination notice, by depositing written notice to CONTRACTOR in the U.S.Mail,postage prepaid,termination of the Agreement,and at the DRUG COURT's option, obtain performance of the work elsewhere. If the Agreement is terminated for default, CONTRACTOR shall not be entitled to receive any further Payments under the Agreement until such Services called for in this Agreement have been fully performed. Any extra cost or damage to DRUG COURT resulting from such default(s) shall be deducted from any money for or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by DRUG COURT in completing the Services hereunder, including all increased costs for completing the work, and all damages sustained,or which may be sustained by the DRUG COURT by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason the at the CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. B. Termination for Public Convenience DRUG COURT or CONTRACTOR may terminate the Agreement in whole or in part whenever DRUG COURT or CONTRACTOR determines, in its sole discretion that such termination is in the DRUG COURT's or CONTRACTOR's best interests,by giving 30 days written termination notice. Whenever the Agreement is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made,but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by DRUG COURT or CONTRACTOR at any time during the term, whether for default or convenience,shall not constitute a breach of contract by DRUG COURT or CONTRACTOR. XII. JURISDICTION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is agreed by the parties that any action taken on this Agreement or any provision thereof, shall be instituted and maintained only in any of the courts of competent jurisdiction in Lewis County, Washington. XIII. SEVERABILITY It is understood and agreed by the parties that if any part,term or provision of the Agreement is held to be illegal, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. XIV. DISPUTES A. General: Differences between CONTRACTOR and DRUG COURT,arising under and by virtue of the Contract Documents shall be brought to the attention of the DRUG COURT at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. B. Notice of Potential Claims: CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable,or to extension of time for(l)any act or failure to act by the DRUG COURT, or(2)the happening of any event or occurrence, unless CONTRACTOR has given the DRUG COURT a written Notice of Potential Claim within 10 days of the commencement of the act, failure, or event giving rise to the claim,and before the final payment by DRUG COURT. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and in so far as possible the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used,and all costs and additional time claimed to be additional. C. Detailed Claim: CONTRACTOR is not entitled to claim any such additional compensation or extension of time unless within 30 days of the accomplishment of the portion of the work from which the claim arose,and before the final Payment by DRUG COURT. CONTRACTOR has given DRUG COURT a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required,and copies of any supporting documents evidencing the amount or extension of time claimed to be due. XV. ENTIRE AGREEMENT The parties agree that this Agreement is the complete expression of the terms and any oral representation or understanding not incorporated herein is excluded. Dated this Ter„02020 CONT' :, TOR: LEWIS COUNTY: a- r. son, EO Judge J.Andrew Toynbee CORE Health Lewis County Superior Court Attachment A- Scope of Work CONTRACTOR shall provide the full range of substance of Substance Use Disorder and Mental Health therapeutic services to the Drug Court division of the Lewis County Superior Court. A. Substance Use Disorder and Mental Health therapeutic services for Drug Court participants who are not eligible for any public funding(ADATSA,CJTA,DL, MEDICAID)yet are in need of treatment services as determined by Superior Court for the rehabilitation of the offender,are expected to pay all sliding scale fees,per their legal contract upon joining Drug Court. If a participant is unable to pay,the Drug Court Program will serve as a payor of last resort. Before any services are rendered that result in payment from the Drug Court division,the Drug Court Manager will need to give final approval for any payment of substance use disorder or mental health therapeutic treatment fees. B. If payment is deemed appropriate, DRUG COURT and the CONTRACTOR agree on the following sums-- $355.16 for an SUD assessment,$266.33 for a mental health intake,$177.58 per hour for an SUD individual session,$44.40 per hour for SUD group sessions,$339.02 per hour for psychiatric ARNP services and$177.58 per hour for a mental health therapy session. C. DRUG COURT shall pay CONTRACTOR for services rendered a maximum total sum of$15,000 for treatment,therapy,and testing services for Adult Drug Court per contract. DRUG COURT shall pay CONTRACTOR for services rendered a maximum total of$7,500 for treatment,therapy and testing services for Family Recovery Court per contract year. DRUG COURT is a"funder of last resort"and will only be used as approved by the Drug Court Manager for services that cannot be paid for by any other public funds or through the sliding scale agreement between CONTRACTOR and the participant. D. CONTRACTOR shall submit statements for Payment by the 10`h calendar day of the month following the month during which services were performed with supportive documentation including: participant name, specific program enrollment date,date of service provided and service provided.CONTRACTOR will submit statements to: Lewis County Drug Court,345 West Main, Second Floor,Chehalis, WA 98532. DRUG COURT shall reimburse CONTRACTOR within 15 days of invoice date. E. CONTRACTOR will provide a designated SUDP and mental health counselor to be present at Drug Court staffing and court every Monday from IPM-5PM.CONTRACTOR will provide a designated SUDP and mental health counselor to be present at Family Recovery Court staffing and court every Friday from 1:OOPM-5PM.CONTRACTOR will allow designated SUDP's to have caseloads entirely of Drug Court and Family Recovery Court participants, when possible.The designated mental health counselor's caseload will also consist of Drug Court and FRC participants. F. CONTRACTOR will provide the initial assessment summary and treatment schedule for each participant. G. CONTRACTOR shall submit via email weekly progress reports for participants who will be seen in court that week. Progress reports for Drug Court are due by 11AM every Monday, for the week defined as Monday-Sunday. Progress reports for Family Recovery Court are due by 11AM every Friday, for the week defined as Friday-Thursday. Progress reports shall include SUD and mental health(non)compliance. Further,progress reports shall outline attendance dates,any no shows(groups or individuals—SUD or MH),any behavior issues and progress for each participant involved in services with CONTRACTOR. H. The DRUG COURT will determine and provide a monthly UA testing schedule to CONTRACTOR and CONTRACTOR's vendor. UA testing is at random and will be offered by CONTRACTOR's vendor seven days per week. DRUG COURT will not schedule UA testing on days when the CONTRACTOR is closed for business. Billing for UA's is through the CONTRACTOR's vendor,participants are not to be responsible for any cost for UA's.CONTRACTOR will provide an end of day report(each day)that includes participants who appeared and participants who missed UA's for that day.CONRACTOR's vendor will provide access to the online database so that DRUG COURT is able to access all UA results at any given time. I. CONTRACTOR will report any major violation or concern to the Drug Court Manager on the same day of occurrence. J. If needed,the CONTRACTOR has the ability to provide SUD services through an SUDP-T who is fully supervised an SUDP. In this instance,the Drug Court and FRC teams will be able to provide feedback to the supervising SUDP in regards to services. BOCC AGENDA ITEM SUMMARY i Resolution: 21-013 BOCC Meeting Date: Jan. 4, 2021 Suggested Wording for Agenda Item: Agenda Type: Deliberation Concurring in the Lewis County Superior Court's Contract with CORE Health for Substance Use Disorder & Behavioral Health Treatment for Lewis County Drug Court & Family Recovery Court programs Contact: Stephanie Miller Phone: 360-740-2731 Department: SC - Superior Court Description: On Nov. 2, 2020, CORE Health was announced as the successful applicant in Superior Court's Request for Proposals for Substance Use Disorder & Behavioral Health Treatment for Lewis County Drug Court & Family Recovery Court programs. The Superior Court negotiated a contract with CORE Health and now presents it to the Lewis County Board of County Commissioners for concurrence. Approvals: Publication Requirements: Publications: User Status None PA's Office Approved Additional Copies: Cover Letter To: Stephanie Miller, Drug Court Manager None