Agreement for Substance Abuse Treatment for the Teton County Drug Court

Transcription

1 Agreement for Substance Abuse Treatment for the Teton County Drug Court This Contract for Services ( Contract ) is entered into this day of Ju ne, 2011, by and between Teton County, a duly organized county of the State of Wyoming, P.O. Box 1727, Jackson, WY (hereinafter referred to as County) and Curran Seeley Foundation, Inc.., a Wyoming corporation, P.O. Box 11390, Jackson, WY (hereinafter referred to as Contractor). Witnesseth WHEREAS Contractor has substantial skill and experience in providing substance abuse treatment services; and WHEREAS the County desires to hire Contractor and Contractor desires to provide substance abuse treatment services to the Teton County Court Supervised Treatment Program (hereinafter referred to as the DUI/ Drug Court); and N OW TH EREFORE, for good and valuable consideration, the receipt and sufficiency of w hich is hereby acknow ledged, the Parties agree to the terms and conditions set forth herein. Article I. Statement of Work Contractor shall provide professional services to the County as more fully described in A ttachment A Scope of Work. Article 2. Compensation The amount for which the County is liable under this Contract, for the treatment and assessment services described in Article 1, and exclusive of expenses pertaining to drug testing, shall not exceed ninety-six thousand and no/ 100 dollars ($96,000) for services. Drug testing expenses, for w hich FY2012 Substance Abuse Treatment Services Contract 1 of 12

2 the Contractor will bill separately, shall not apply to this maximum budget. Treatment and A ssessment Services. Contractor will bill treatment and assessment services at the follow ing rates: Group Treatment $ per hour Individual Counseling $ per hour Yearly Minimum. County will pay Contractor a minimum sixty thousand and no/ dollars ($60,000) annually. Solely for cash flow purposes, the County w ill pay Contractor a minimum of five thousand and no/ dollars per month until the yearly minimum payment has been met. Any amount paid in excess of actual monthly services provided will be credited to the next month's invoice. Drug Testing. Contractor will bill drug testing at the following rates: Reimbursement for laboratory testing cost plus $5.00 per person tested, with County paying no more than $35 total per test without prior approval. Contractor must provide the official rate sheet from their laboratory testing facilities. Reimbursement for confirmation testing costs will not incur the $5 fee described above. Contractor shall perform observed urinalysis testing at a minimum twice weekly for Phase 1 and 2 participants, and once monthly for Phase 3 and A ftercare participants. Testing will be a combination of EtG tests and free test kits supplied by Department of Health, Substance Abuse and Mental Health Division. Drug testing program and case specific requirements will be review ed throughout the year. The above confirmation testing fee is for Contractor use of their confirmation testing service when necessary. The County is obligated to pay the above hourly rates only with respect to a DUI/ Drug Court caseload with sixteen (16) participants. If Contractor, at the request of the DUI / Drug Court, is willing to provide treatment and assessment services described in Article 1 to additional participants, the parties shall negotiate an addendum, or other revision, of this Contract setting forth the County s obligation to pay for said treatment and assessment services. In the absence of such an addendum, or other FY2012 Substance Abuse Treatment Services Contract 2 of 12

3 revision, the County shall not be obligated to pay for treatment and assessment services for any additional participants. Contractor will make every effort to have evaluations and assessment completed and submitted within seven (7) business days, understanding that delays due to chemical testing results, obtaining signed releases, client payment, BAC and legal history reports, and other issues beyond the Contractor s control may at times delay submitting the final report within this timeframe. Reporting. Contractor shall provide the following documentation: dates and types of drug testing; dates, hours and types of all individual and group treatment. Data must be submitted with monthly invoices and entered into the Wyoming Court Supervised Treatment Information Management System (WyCST) on a weekly basis. Contractor is subject to annual site visits by DUI/ Drug Court representatives and site visits by the Wyoming Department of Health, Mental Health and Substance Abuse Division or Bureau of Justice A ssistance staff, at reasonable times. Article 3. Payment The amount of compensation shall not vary in any way whatsoever as a result of the time of day the services are performed or the number of hours during which services are performed in any given period of time. Contractor shall not receive compensation in excess of the above amount without the prior written approval of the County. Contractor shall submit invoices to the County on a monthly basis for services rendered in any given month. All invoices shall be supported by appropriate documentation and confirmation that data presented has been entered in the Wyoming Court Supervised Treatment Program database system w eekly, as required. Upon receipt of a satisfactory invoice, the County will remit payment to the Contractor within thirty (30) days. Contractor shall preserve all records and accounts pertaining to the Contract for at least one (1) year following termination of this Contract, during which time the County may examine all such records and accounts in order to audit and verify aforementioned charges. Invoices and supporting data are due to the Program Coordinator the 10 th of the month following the month invoiced, except for the June FY2012 Substance Abuse Treatment Services Contract 3 of 12

4 2012invoice. The County closes its fiscal year in the last weeks of June. A specific deadline w ill be forw arded w hen made available. If/ when the Wyoming Department of Health, Mental Health and Substance Abuse Division (Substance Abuse Division) requires invoices to be submitted earlier as an exception, this requirement will also apply to the Contractor s invoice deadline to the County. Failure to submit all required data in the WyCST system may result in w ithholding of payment, per FY2012 Substance A buse Division contract requirements with the County. Article 4. Term and Termination This Contract commences as July 1, 2011 and shall terminate on June 30, Contractor or County may terminate this Agreement at any time with 60 days written notice; provided, however, that all compensation earned or costs incurred prior to such termination shall be payable to Contractor. The parties may renew this contract for the succeeding one-year term effective July 1, 2012, if both parties agree to do so and contingent upon the availability of funding from the State of Wyoming. Article 5. Contractor s General Duties Contractor shall be responsible for maintaining its own office facilities and will not be provided with either office facilities or secretarial support by the County. Contractor shall provide supplies, operating expenses, such as utilities and telephone, staff salaries and benefits, liability insurance, including professional liability insurance, equipment, except hardw are and software purchased by County. Article 6. Independent Contractor Status It is understood and agreed that Contractor will provide the services under this A greement on a professional basis and as an independent contractor and that during the performance of the services under this A greement, Contractor s employees w ill not be considered employees of the County within the meaning or the applications of any federal, state, or local laws FY2012 Substance Abuse Treatment Services Contract 4 of 12

5 or regulations including, but not limited to, laws or regulations covering unemployment insurance, old age benefits, w orker s compensation, industrial accident, labor, or taxes of any kind. Contractor s employees shall not be entitled to benefits that may be afforded from time to time to County employees, including without limitation, vacation, holidays, sick leave, worker s compensation, and unemployment insurance. Further, the County shall not be responsible for withholding or paying any taxes or social security on behalf of Contractor s employees. Contractor shall be fully responsible for any such withholding or paying of taxes or social security. Article 7. Trademark and Trade Name This A greement does not give either Party any ownership rights or interest in the other Party s trade name or trademarks. Article 8. Workers Compensation and Other Insurance Contractor shall comply with the Worker s Compensation laws of the State of Wyoming. Article 9. Limitations on Lobbying Activities By executing this contract, the Contractor certifies that, in accordance w ith P.L , payments made by the state from this federal grant shall not be utilized in connection with lobbying Congressmen, or any other federal agency in connection with the aw ard of a federal grant, contract, cooperative agreement, or loan. Article 10. Nondiscrimination The Contractor shall comply with the Civil Rights Act of 1964, the Wyoming Fair Employment Practices Act (Wyo. Statutes et seq.), the A mericans w ith Disabilities A ct (A DA) 42 U.S.C , et seq., and the A ge Discrimination A ct of The Contractor shall not discriminate against any individual on the grounds of age, sex, color, race, religion, national origin or disability in connection with the performance of this contract. Article 11. General Provisions FY2012 Substance Abuse Treatment Services Contract 5 of 12

6 A. Entire A greement This A greement represents the entire and sole agreement between the Parties w ith respect to the subject matter hereof and supersedes any and all prior negotiations, understanding, representation, or consulting agreements w hether w ritten or oral. This A greement cannot be modified, changed, or amended, except in writing signed by the Parties. B. Waiver The failure of either Party to require performance by the other of any provision hereof shall in no way affect the right to require performance at any time thereafter, nor shall the waiver of a breach of any provision hereof be taken to be a w aiver of any succeeding breach of such provision or as a waiver of the provision itself. All remedies afforded in this Agreement shall be taken and construed as cumulative; that is, in addition to every other remedy available at law or in equity. C. Relationship Nothing herein contained shall be construed to imply a joint venture, partnership, or principal-agent relationship between Contractor and the County; and neither Part shall have the right, power, or authority to obligate or bind the other in any manner whatsoever, except as otherwise agreed in writing. D. A ssignment and Delegation Neither Party shall assign or delegate this Agreement or any rights, duties, or obligations hereunder without the express written consent of the other. Subject to the foregoing, this A greement shall inure to the benefit of and be binding upon the successors, legal representatives, and assignees of the Parties hereto. E. Severability If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in force FY2012 Substance Abuse Treatment Services Contract 6 of 12

7 and effect, and be construed and enforced, as if such provision had not been included, or had been modified as provided above, as the case may be. F. Governing Law This A greement shall be governed by, and construed in accordance w ith, the laws of the State of Wyoming. G. Paragraph H eadings The paragraph headings set forth in this A greement are for the convenience of the Parties, and in no way define, limit, or describe the scope or intent of the A greement and are to be given no legal effect. Article 12. Notice For purposes of this agreement, any notice shall be deemed properly sent and received w hen sent by certified mail w ith return receipt requested to the parties at the follow ing addresses: Teton County Curran Seeley Foundation P.O. Box 1727 P.O. Box Jackson, WY Jackson, WY Until or unless changed by one party giving written notice of such change of address to the other party. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK FY2012 Substance Abuse Treatment Services Contract 7 of 12

8 Approval and Execution IN WITN ESS WH EREOF the parties have executed this agreement on this day of June, TETON COUNTY, STATE OF WYOMING Benjamin H. Ellis, Chairman Teton County Board of Commissioners Attest: Sherry Daigle, Teton County Clerk CURRAN SEELEY FOUNDATION Brett M cpeak, President Attest: Ed Wigg, Executive Director FY2012 Substance Abuse Treatment Services Contract 8 of 12

9 Attachment A Scope of Work The w ork agreed to be performed by Contractor shall generally be described as: CURRAN-SEELEY will coordinate with other partnering agencies to develop once comprehensive treatment plan, determined on the basis of individual needs. Treatment plans must offer or refer a participant to the following treatment modalities and components if available in the community or regions*: Education, including job-related trainings Drug testing and monitoring that complies with W.S Case management Detoxification Screening with use of the ASAM (American Society of Addiction Medicine): Assessment using the Addictions Severity Index (ASI) as defined by W.S (a) (xiv) Diagnosis and treatment planning using ASAM Traditional outpatient treatment Intensive outpatient treatment Transitional residential treatment services Residential treatment Prevention and primary healthcare Mental health services for co-occurring disorders Specialized treatment for women and women with children Family treatment and education Life skills, coping skills, and social skills training Corrective thinking therapy and cognitive skills; and Relapse planning and handling. NO PARTICIPANT WILL BE REFUSED SERVICE BECAUSE OF AN INABILITY TO PAY. CURRAN-SEELEY must use Division-approved assessment instruments as set out in the Wyoming Department of Health Rules and Regulations for Substance Abuse Standards, Chapters 1-7. ^ CURRAN-SEELEY may charge DUI/Drug Court participants for their participation in CURRAN-SEELEY sponsored programs in accordance with the Wyoming Department of Health, Mental Health and Substance Abuse Division s sliding fee scale guidance. Any fees charged to participants will be billed by CURRAN-SEELEY directly to the participant and payment for the same will be paid directly to CURRAN-SEELEY. CURRAN-SEELEY shall receipt all participant payments made directly to CURRAN- SEELEY by each participant as contribution to cost of providing treatment and provide records of such to the DUI/Drug Court Coordinator.* FY2012 Substance Abuse Treatment Services Contract 9 of 12

10 CURRAN-SEELEY shall assist clients in their pursuit of any appropriate third party pay entitlements for services provided under this contract to include, but not limited to, Medicaid, Medicare, or private insurance. Contractor must submit claims to Medicaid and private insurance companies prior to billing DUI/Drug Court for substance abuse or other treatment. Receipts from third party payments shall be credited against compensation to which the provider is entitled under the agreement.* ^ CURRAN-SEELEY must maintain certification by the Division of Substance Abuse under the Wyoming Department of Health, and provide annual proof of certification to DUI/Drug Court. * CURRAN-SEELEY must perform their duties in accordance with best practices for Criminal Justice populations. (Chapter 8, Section 8 of the Wyoming Department of Health Rules and Regulations for State Funding and Certification of Court Supervised Treatment Programs, and Chapters 1-7 of the Wyoming Department of Health, Substance Abuse Division Rules and Regulations for Substance Abuse Standards).^ CURRAN-SEELEY must ensure the confidentiality of all information about clients by implementing the requirement of the Standards for Electronic Transactions; the Security Standards, and the Standards for Privacy of Individually Identifiable Health Information issued by the U.S. Department of Health and Human Services under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and any amendment or revisions thereto; the Drug Abuse Prevention, Treatment, and Rehabilitation Act; the Health Information Technology for Economic and Clinical Health (HITECH) Act; the Department of Health Rules and Regulations for the State Funding and Certifications of Court Supervised Treatment Programs, Chapter 8, Section 11; Chapter VI of Standards for the Operation of Community Mental Health and Substance Abuse Programs ^ CURRAN-SEELEY must comply with all applicable state, federal and local laws and other legal requirements for the provision of services.* At least one CURRAN-SEELEY provider is designated as a DUI/Drug Court Team member, and attends weekly case reviews and DUI/Drug Court hearings, as well as Team specific planning and training meetings. The CURRAN-SEELEY DUI/Drug Court Team Member must submit evidence that he or she is credentialed by the appropriate licensing agency of the state of Wyoming to provide substance abuse treatment services. All other Curran-Seeley treatment providers must demonstrate they have sufficient training and/or experience to provide such services to the drug court target population.* All CURRAN-SEELEY providers must possess minimal qualifications of Certification/Licensure evidenced by the Wyoming Mental Health Licensing Board. FY2012 Substance Abuse Treatment Services Contract 10 of 12

11 All CURRAN-SEELEY DUI/Drug Court team members shall participate in a Teton County DUI/Drug Court orientation process. CURRAN-SEELEY DUI/Drug Court Team Members must have at least 40 hrs DUI/Drug Court specific training within 6 months of joining the team and must acquire a minimum of 6 hrs specific DUI/Drug Court training annually, sponsored by the National Drug Court Institute, National Association of Drug Court Professionals, any state drug court association recognized by the Division, and/or by the Division*. Training is at Curran- Seeley's expense if the DUI/Drug Court budget cannot accommodate it in any given fiscal year. The Team Member must provide documentation of annual drug court training hours to the Program Coordinator. * ^ CURRAN-SEELEY will make every effort to have evaluations and assessment completed and submitted within seven (7) business days, understanding that delays due to chemical testing results, obtaining signed releases, client payment, BAC and legal history reports, and other issues beyond the Contractor s control may at times delay submitting the final report within this timeframe. All CURRAN-SEELEY providers serving DUI/Drug Court participants shall maintain detailed and accurate and current records of each participant s treatment, drug testing and other related activities for the purpose of evaluating progress, reports to the Teton County DUI/Drug Court, the Wyoming Department of Health, Mental Health and Substance Abuse Division, and billing.*. All CURRAN-SEELEY treatment providers working with DUI/Drug Court participants shall share weekly updates of progress with the DUI/Drug Court Team. Weekly status reports on all participants to appear in Court shall be to the Coordinator at a time arranged with Coordinator. CURRAN-SEELEY treatment providers shall work with the DUI/Drug Court Coordinator to ensure all CURRAN-SEELEY specific participant data including treatment attendance, drug testing and ancillary services is entered in the Wyoming Court Supervised Treatment database system weekly, or according to any updated state database requirements. ^ CURRAN-SEELEY agrees that the Wyoming Department of Mental Health and Substance Abuse Division (Substance Abuse Division) shall have the right to monitor all activities related to this Contract that are performed by Contractor or its subcontractors. This shall include, but not be limited to, the right to make site inspections at any time and with reasonable notice; to bring experts and consultants on site to examine or evaluate completed work or work in progress; to examine the books, ledgers, documents, papers, and records pertinent to this Contract; and, to observe personnel in every phase of performance of the related work.^ FY2012 Substance Abuse Treatment Services Contract 11 of 12

12 CURRAN-SEELEY shall keep informed of and comply with the Wyoming Ethics and Disclosure Act (W.S , et seq.), and any and all ethical standards governing Contractor s profession.^ CURRAN-SEELEY agrees all documents, reports, records, field notes, data, samples, specimens, and materials of any kind resulting from performance of this Contract and paid for with Substance Abuse Division funding are at all times the property of the Substance Abuse Division. Nothing in this Contract shall be taken to deny the Contractor s right and obligation to safeguard the confidentiality of any information gathered by the Contractor.^ *Per Wyoming Department of Health Rules and Regulations for State Certification of Court Supervised Treatment Programs, October ^Per Wyoming Department of Health Mental Health and Substance Abuse Division FY2012 contract with Teton County for the Teton County Court Supervised Treatment Program. FY2012 Substance Abuse Treatment Services Contract 12 of 12