HomeMy WebLinkAboutDoc 291 - Pfeiffer - Assoc - SO ServicesDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of August 7,2013
Please see directions for completing this document on the next page.
DATE: July 24,2013
FROM: Lori Hill, Program Supervisor Phone: 541-322-7535
Health Services-Behavioral Health Division
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document #2013-291, renewing the contract between
Pfeiffer and Associates, Deschutes County Health Services and Deschutes County
Sheriff's Office.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
Contractor, Pfeifer & Associates is responsible for providing a continuum of addiction
treatment services to criminal offenders from the time they are incarcerated in the County
jail and after they are released into the community. Services must be provided in the jail
and Work Center, and may include continued treatment after release from custody. Each
individual treatment plan is adapted to the current status of the offender within the
corrections system.
The maximum compensation under this Contract is $180,000, divided equally between
Deschutes County Health Services, Behavioral Health Division and Deschutes County
Sheriff's Office.
FISCAL IMPLICATIONS:
Maximum compensation is $180,000.
RECOMMENDATION &ACTION REQUESTED:
Behavioral Health requests approval.
ATTENDANCE: Lori Hill, Adult Treatment Program Supervisor
DISTRIBUTION OF DOCUMENTS: I
Executed copies to:
I
Nancy Mooney, Contract Specialist, Health Services I
J
\
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements,
regardless of whether the document is to be on a Board agenda or can be signed by the County
Administrator or Department Director. If the document is to be on a Board agenda, the Agenda
Request Form is also required. If this form is not included with the document, the document will
be returned to the Department. Please submit documents to the Board Secretary for tracking
purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In
addition to submitting this form with your documents, please submit this form electronically to
the Board Secretary.)
Please complete all sections above the Official Review line.
Date: I June 27, 2013 I
Department: I Health Services, Behavioral Health I
Contractor/Supplier/Consultant Name: I Pfeifer &Associatesl
Contractor Contact: I Sally Pfeifer I Contractor Phone #: I 541-383-4293
Type of Document: Personal Services Contract
Goods and/or Services: Pfeifer &Associates will work in partnership with the Sheriff's Office
and Deschutes County Behavioral Health to provide addiction treatment services to individuals
incarcerated and/or recently released from County jail.
Background &History: Pfeifer & Associates is a locally owned State Certified Drug & Alcohol
Treatment program. Pfeifer &Associates provides full assessment individual and group services
in Redmond, Bend, La Pine and Madras. Their services include DUll, intensive outpatient,
education, skill building, information-only programs and adolescent services.
Through this contract, Pfeifer &Associates will be responsible for providing addiction treatment
services to criminal offenders from the time they are incarcerated in the County jail and after
they are released into the community. Services must be provided in the Jail and Work Center
and may include continued treatment after release from custody. Each individual treatment plan
is adapted to the current status of the offender within the corrections system.
The maximum compensation under this Contract is $180,000, divided equally between
Deschutes County Health Services, Behavioral Health Division and Deschutes County Sheriff's
Office.
Agreement Starting Date: I July 1, 2013 I Ending Date: I June 30, 2014
Annual Value or Total Payment: I Maximum compensation is $180,000 I
6127/2013
Check all that apply:
D RFP, Solicitation or Bid Process
D Informal quotes «$150K)
t8J Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
Funding Source: (Included in current budget? t8J Yes D No
If No, has budget amendment been submitted? DYes D No
Is this a Grant Agreement providing revenue to the County? DYes t8J No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a
grant-funded position so that this will be noted in the offer letter: DYes D No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: Nancy Mooney, Contract Specialist
Phone #: I 541-322-7516 I
Deputy Director Approval:
Health Department.
Department Director Approval: ---..:;;:IL;-:-"""-----
Date
Distribution of Document: Inals to Nancy Mooney, Behavioral
Official Review:
County Signature Required (check one): ~ BDCC Department Director (if <$25K)
o Administ~(if >$25Krrut <$150K; if >$150K, soee Order No.
Legal Review ~&t. (~ Date 1-Z:J -I J
Document Number :::.20~1~3:......:-2:..::9~1_____
6/27/2013
For Recording Stamp Only
DESCHUTES COUNTY SERVICES CONTRACT
CONTRACT NO. 2013-291
This Contract is made and entered into by and between Deschutes County, a political subdivision of the State of Oregon,
by and through its Health Services Department and its Sheriffs Office, hereinafter referred to as "County", and Pfeifer &
Associates, 23 NW Greenwood Ave., Bend, OR 97701, Federal Tax ID# : 93-1254885, hereinafter referred to as
"Contractor". The Parties agree as follows:
Effective Date and Termination Date. The effective date of this Contract shall be July 1, 2013. Unless extended or
terminated earlier in accordance with its terms, this Contract shall terminate when County accepts Contractor's completed
performance or on June 30,2014, whichever date occurs last. Contract termination shall not extinguish or prejudice County's
right to enforce this Contract with respect to any default by Contractor that has not been cured. This Contract may be
renewed or extended only upon written agreement of the Parties.
Statement of Work. Contractor shall perform the work described in Exhibit 1.
Payment for Work. County agrees to pay Contractor in accordance with Exhibit 1.
Contract Documents. This Contract includes Page 1-12 and Exhibits 1, 1A, 1 B, 2, 3,4,5,6,7 and 8.
CONTRACTOR DATA AND SIGNATURE
Contractor Address: 23 NW Greenwood Ave., Bend, OR 97701
Federal Tax ID# or Social Security #: 93-1254885
Is Contractor a nonresident alien? DYes D No
Business Designation (check one): D Sole Proprietorship D Partnership
,aCorporation-for profit D Corporation-non-profit Other, describe: LLC
D
A Federal tax ID number or Social Security number is required to be provided by the Contractor and shall be used for the
administration of state, federal and local tax laws. Payment information shall be reported to the Internal Revenue Service
under the name and Federal tax ID number or, if none, the Social Security number provided above.
I have read this Contract including the attached Exhibits. I understand this Contract and agree to be bound by its
terms .. ~ TE,;".Gontractor shal~so sign Exhibits 3, 4 and, 6, 7 and 8.
. . / " 66", ,.. '~ Cx..· () /""e. ufo I"C
/ I~~ L-H TiJir £3
Name (please rint) Date /
DESCHUTES COUNTY SIGNATURE
Contracts with a maximum consideration of not greater than $50,000 are not valid and not binding on the County until
signed by the appropriate Deschutes County Department Head. Additionally, Contracts with a maximum consideration
greater than $50,000 but less than $150,000 are not valid and not binding on the County until signed by the County
Administrator or the Board of County Commissioners.
_..c:::..._+----,-__' 2013 Dated this ___ of ________, 2013
Alan Unger, Chair
Page 1 of 9-Behavioral Health -Personal Services Contract No. 2013-291
uC -201~-291
STANDARD TERMS AND CONDITIONS
1. Time is of the Essence. Contractor agrees that time is of the essence in the performance of this Contract.
2. Compensation. Payment for all work performed under this Contract shall be made in the amounts and manner set
forth in Exhibit 1
a. Payments shall be made to Contractor following County's review and approval of billings and deliverables
submitted by Contractor.
b. All Contractor billings are subject to the maximum compensation amount of this Contract.
c. Contractor shall not submit billings for, and County shall not pay, any amount in excess of the maximum
compensation amount of this Contract, including any reimbursable expenses, (See Exhibit 5).
1) If the maximum compensation amount is increased by amendment to this Contract, the amendment shall be
signed by both parties and fully executed before Contractor performs work subject to the amendment.
2) No payment shall be made for any services performed before the beginning date or after the expiration date of
this Contract.
d. This Contract shall not be amended after the expiration date.
e. Unless otherwise specifically provided in Exhibit 5, Contractor shall submit monthly invoices for work performed.
The invoices shall describe all work performed with particularity and by whom it was performed and shall itemize
and explain all expenses for which reimbursement is claimed.
f. The invoices also shall include the total amount invoiced to date by Contractor prior to the current invoice.
g. Prior to approval or payment of any billing, County may require and Contractor shall provide any information which
County deems necessary to verify work has been properly performed in accordance with the Contract.
h. Expenditures of Contractor may be charged to this Contract only if they: (1) are in payment for services performed
under this Contract; (2) conform to applicable State and Federal regulations and statutes; (3) are in payment of an
obligation incurred during the period of this Contract; and (4) are not in excess of 100% of program costs. Any County
funds spent for purposes not authorized by this Contract shall be deducted from payments or refunded to County, at
County's option. Payments by County in excess of authorized actual expenditures shall be deducted from payment or
refunded to County no later than thirty (30) days after the expiration of this Contract. If Contractor fails to provide an
acceptable audit performed by a certified public accountant for federal funds received under this Contract, or if federal
authorities demand the repayment of federal funds received under this Contract. County may recover all federal funds
paid under this Contract, unless a smaller amount is disallowed or demanded. If Oregon Health Authority
(Department) disallows or requests repayment for any funds paid under this Contract due to Contractors' acts or
omissions, Contractor shall make payment to the County of the amount disallowed or requested. In the event that the
Department determines that County is responsible for the repayment of any funds owed to the Department by
Contractor, Contractor agrees to make such payment within ten (10) days of notification by County or the Department
of said determination by the Department.
k. In the event that a statutorily required operating license or letter of approval is suspended or not extended, County's
obligation to provide reimbursement for services or program expenses hereunder related to services rendered without
the necessary license or approval will cease on the date of termination of this Contract (whether in whole or in part) or
the date of expiration or suspension of the license or letter of approval, whichever date is earlier.
3. Delegation, Subcontracts and ASSignment. Contractor shall not delegate or subcontract any of the work required by
this Contract or assign or transfer any of its interest in this Contract, without the prior written consent of County.
a. Any delegation, subcontract, assignment, or transfer without prior written consent of County shall constitute a
material breach of this Contract.
b. Any such assignment or transfer, if approved, is subject to such conditions and provisions as the County may
deem necessary.
c. No approval by the County of any assignment or transfer of interest shall be deemed to create any obligation of
the County to increase rates of payment or maximum Contract conSideration.
d. Prior written approval shall not be required for the purchase by the Contractor of articles, supplies and services
which are incidental to the provision of services under this Contract that are necessary for the performance of the
work.
e. Any subcontracts that the County may authorize shall contain all requirements of this Contract, and unless
otherwise specified by the County the Contractor shall be responsible for the performance of the subcontractor.
4. No Third Party Beneficiaries.
a. County and Contractor are the only parties to this Contract and are the only parties entitled to enforce its terms.
Page 2 of 9-Behavioral Health -Personal Services Contract No. 2013-291
b. Nothing in this Contract gives or provides any benefit or right, whether directly, indirectly, or otherwise, to third
persons unless such third persons are individually identified by name in this Contract and expressly described as
intended beneficiaries of this Contract.
5. Successors in Interest. The provisions of this Contract shall be binding upon and inure to the benefit of the parties
and their successors and approved assigns, if any.
6. Early Termination. This Contract may be terminated as follows:
a. Mutual Consent. County and Contractor, by mutual written agreement, may terminate this Contract at any time.
b. Party's Convenience. County or Contractor may terminate this Contract for any reason upon 30 calendar days
written notice to the other party.
c. For Cause. County may also terminate this Contract effective upon delivery of written notice to the Contractor, or
at such later date as may be established by the County, under any of the following conditions:
1) If funding from state or other sources is not obtained and continued at levels sufficient to allow for the
purchase of the indicated quantity of services as required in this Contract.
2) This Contract may be modified to accommodate the change in available funds.
3) If state laws, regulations or guidelines are modified, changed or interpreted in such a way that the services are
no longer allowable or appropriate for purchase under this Contract or are no longer eligible for the funding
proposed for payments authorized by this Contract.
4) In the event sufficient funds shall not be appropriated for the payment of consideration required to be paid
under this Contract, and if County has no funds legally available for consideration from other sources.
5) If any license or certificate required by law or regulation to be held by the Contractor to provide the services
required by this Contract is for any reason denied, revoked, suspended, not renewed or changed in such a
way that the Contractor no longer meets requirements for such license or certificate.
d. Contractor Default or Breach. The County, by written notice to the Contractor, may immediately terminate the
whole or any part of this Contract under any of the following conditions:
1) If the Contractor fails to provide services called for by this Contract within the time specified or any extension
thereof.
2) If the Contractor fails to perform any of the other requirements of this Contract or so fails to pursue the work
so as to endanger performance of this Contract in accordance with its terms, and after receipt of written notice
from the County specifying such failure, the Contractor fails to correct such failure within 10 calendar days or
such other period as the County may authorize.
3) Contractor institutes or has instituted against it insolvency, receivership or bankruptcy proceedings, makes an
assignment for the benefit of creditors, or ceases doing business on a regular basis.
e. County Default or Breach.
1) Contractor may terminate this Contract in the event of a breach of this Contract by the County. Prior to such
termination, the Contractor shall give to the County written notice of the breach and intent to terminate.
2) If the County has not entirely cured the breach within ten (10) calendar days of the date of the notice, then the
Contractor may terminate this Contract at any time thereafter by giving notice of termination.
7. Payment on Early Termination. Upon termination pursuant to paragraph 6, payment shall be made as follows:
a. If terminated under subparagraphs 6 a. through c. of this Contract, the County shall pay Contractor for work
performed prior to the termination date if such work was performed in accordance with the Contract. Provided
however, County shall not pay Contractor for any obligations or liabilities incurred by Contractor after Contractor
receives written notice of termination.
b. If this Contract is terminated under subparagraph 6 d. of this Contract, County obligations shall be limited to
payment for services provided in accordance with this Contract prior to the date of termination, less any damages
suffered by the County.
c. If terminated under subparagraph 6 e of this Contract by the Contractor due to a breach by the County, then the
County shall pay the Contractor for work performed prior to the termination date if such work was performed in
accordance with the Contract:
1) with respect to services compensable on an hourly basis, for unpaid invoices, hours worked within any limits
set forth in this Contract but not yet billed, authorized expenses incurred if payable according to this Contract
and interest within the limits set forth under ORS 293.462, and
2) with respect to deliverable-based Work, the sum deSignated for completing the deliverable multiplied by the
percentage of Work completed and accepted by County, less previous amounts paid and any claim(s) that
County has against Contractor.
Page 3 of 9-Behavioral Health -Personal Services Contract No. 2013-291
3) Subject to the limitations under paragraph 8 of this Contract.
8. Remedies. In the event of breach of this Contract the parties shall have the following remedies:
a. Termination under subparagraphs 6 a. through c. of this Contract shall be without prejudice to any obligations or
liabilities of either party already reasonably incurred prior to such termination.
1) Contractor may not incur obligations or liabilities after Contractor receives written notice of termination.
2) Additionally, neither party shall be liable for any indirect, incidental. consequential or special damages under
this Contract or for any damages of any sort arising solely from the termination of this Contract in accordance
with its terms.
b. If terminated under subparagraph 6 d. of this Contract by the County due to a breach by the Contractor, County
may pursue any remedies available at law or in equity.
1) Such remedies may include, but are not limited to, termination of this contract, return of all or a portion of this
Contract amount, payment of interest earned on this Contract amount, and declaration of ineligibility for the
receipt of future contract awards.
2) Additionally, County may complete the work either by itself. by agreement with another Contractor. or by a
combination thereof. If the cost of completing the work exceeds the remaining unpaid balance of the total
compensation provided under this Contract, then the Contractor shall be liable to the County for the amount of
the reasonable excess.
c. If amounts previously paid to Contractor exceed the amount due to Contractor under this Contract. Contractor
shall repay any excess to County upon demand.
d. Neither County nor Contractor shall be held responsible for delay or default caused by fire, civil unrest, labor
unrest. riot, acts of God. or war where such cause was beyond reasonable control of County or Contractor,
respectively; however. Contractor shall make all reasonable efforts to remove or eliminate such a cause of delay
or default and shall. upon the cessation of the cause, diligently pursue performance of its obligations under this
Contract. For any delay in performance as a result of the events described in this subparagraph, Contractor shall
be entitled to additional reasonable time for performance that shall be set forth in an amendment to this Contract.
e. The passage of this Contract expiration date shall not extinguish or prejudice the County's or Contractor's right to
enforce this Contract with respect to any default or defect in performance that has not been cured.
f. County's remedies are cumulative to the extent the remedies are not inconsistent, and County may pursue any
remedy or remedies singly, collectively, successively or in any order whatsoever.
g. Differences between a Contractor and County, or between contractors, will be resolved when possible at appropriate
management levels, followed by consultation between boards, if necessary. County's Director will have Ultimate
responsibility for resolution of disagreements among subcontract agencies.
9. Contractor's Tender upon Termination. Upon receiving a notice of termination of this Contract, Contractor shall
immediately cease all activities under this Contract unless County expressly directs otherwise in such notice of
termination.
a. Upon termination of this Contract, Contractor shall deliver to County all documents, information, works-in-progress
and other property that are or would be deliverables had this Contract been completed.
b. Upon County's request, Contractor shall surrender to anyone County designates, all documents, research, objects
or other tangible things needed to complete the work.
10. Work Standard.
a. Contractor shall be solely responsible for and shall have control over the means, methods, techniques, sequences
and procedures of performing the work, subject to the plans and specifications under this Contract and shall be
solely responsible for the errors and omissions of its employees, subcontractors and agents.
b. For goods and services to be provided under this Contract, Contractor agrees to:
1) perform the work in a good, workmanlike, and timely manner using the schedule, materials, plans and
specifications approved by County;
2) comply with all applicable legal requirements;
3) comply with all programs, directives, and instructions of County relating to safety, storage of equipment or
materials;
4) take all precautions necessary to protect the safety of all persons at or near County or Contractor's facilities,
including employees of Contractor, County and any other contractors or subcontractors and to protect the
work and all other property against damage.
Page 4 of 9-Behavioral Health -Personal Services Contract No. 2013-291
11. Drugs and Alcohol. Contractor shall adhere to and enforce a zero tolerance policy for the use of alcohol and the
unlawful selling, possession or use of controlled substances while performing work under this Contract.
12. Insurance. Contractor shall provide insurance in accordance with Exhibit 2 attached hereto and incorporated by
reference herein.
13. Expense Reimbursement. If the consideration under this Contract provides for the reimbursement of Contractor for
expenses, in addition to Exhibit 5, Exhibit 1 shall state that Contractor is or is not entitled to reimbursement for such
expenses.
a. County shall only reimburse Contractor for expenses reasonably and necessarily incurred in the performance of
this Contract.
b. Expenses reimbursed shall be at the actual cost incurred; including any taxes paid, and shall not include any
mark-up unless the mark-up on expenses is specifically agreed to in this Contract.
c. The cost of any subcontracted work approved in this Contract shall not be marked up.
d. Contractor shall not bill County for any time expended to complete the documents necessary for reimbursement of
expenses or for payment under this Contract.
e. The limitations applicable to reimbursable expenses are set forth in Exhibit "5," attached hereto and by reference
incorporated herein.
14. Criminal Background Investigations. Contractor understands that Contractor and Contractor's employees and
agents are subject to periodic criminal background investigations by County and, if such investigations disclose
criminal activity not disclosed by Contractor, such non-disclosure shall constitute a material breach of this Contract and
County may terminate this Contract effective upon delivery of written notice to the Contractor, or at such later date as
may be established by the County.
15. Confidentiality. Contractor shall maintain confidentiality of information obtained pursuant to this Contract as follows:
a. Contractor shall not use, release or disclose any information concerning any employee, Individual, applicant or
person doing business with the County for any purpose not directly connected with the administration of County's
or the Contractor's responsibilities under this Contract except upon written consent of the County, and if
applicable, the employee, Individual, applicant or person.
b. Contractor shall ensure that its agents, employees, officers and subcontractors with access to County and
Contractor records understand and comply with this confidentiality provision.
c. Contractor shall treat all information as to personal facts and circumstances obtained on Medicaid eligible
individuals as privileged communication, shall hold such information confidential, and shall not disclose such
information without the written consent of the individual, his or her attorney, the responsible parent of a minor child,
or the child's guardian, except as required by other terms of this Contract.
d. Nothing prohibits the disclosure of information in summaries, statistical information, or other form that does not
identify particular individuals.
e. Personally identifiable health information about applicants and Medicaid recipients will be subject to the
transaction, security and privacy provisions of the Health Insurance Portability and Accountability Act ("HIPAA").
f. Contractor shall cooperate with County in the adoption of policies and procedures for maintaining the privacy and
security of records and for conducting transactions pursuant to HIPAA requirements.
g. This Contract may be amended in writing in the future to incorporate additional requirements related to compliance
with HIPAA.
h. If Contractor receives or transmits protected health information, Contractor shall enter into a Business Associate
Agreement with County, which, if attached hereto, shall become a part of this Contract.
i. Individually Identifiable Health Information about specific individuals is confidential. Individually Identifiable Health
Information relating to specific individuals may be exchanged between County and OHA for purposes directly
related to the provision of Services to Individuals which are funded in whole or in part under this Contract.
Contractor shall maintain the confidentiality of Individual records as required by applicable state and federal law,
including without limitation, ORS 179-495 to 179.507. 45 CFR Part 205,42 CFR Part 2, any administrative rule
adopted by the Oregon Health Authority, implementing the foregoing laws, and any written poliCies made available
to Contractor by County or by the Oregon Health Authority. Contractor shall create and maintain written policies
and procedures related to the disclosure of Individual information and shall make such poliCies and procedures
available to County and the Oregon Health Authority for review and inspection as reasonably requested by County
or the Oregon Health Authority.
Page 5 of 9-Behavioral Health -Personal Services Contract No. 2013-291
16. Reports. Contractor shall provide County with periodic reports at the frequency and with the information prescribed by
County. Further, at any time, County has the right to demand adequate assurances that the services provided by
Contractor shall be in accordance with the Contract. Such assurances provided by Contractor shall be supported by
documentation in Contractor's possession from third parties.
Contractor agrees to prepare and furnish such reports and data as may be required by County and the Oregon Health
Authority, including but not limited to Individual records which contain Individual identification, problem assessment,
Individual Service and Support Plan (including any training and/or care plan), appropriate medical information, and
Individual Service Notes, including a service termination summary and current assessment or evaluation instrument as
designated by the Oregon Health Authority in the administrative rules. Contractor shall retain Individual records in
accordance with OAR 166-150-0005 through 166-150-0215 (State Archivist). Unless OAR 166-150-0005 through 166
150-0215 requires a longer retention period, Individual records must be retained for a minimum of ten (10) years from
termination or expiration of this Contract. It is understood that due to the limited nature of Contractor's services under this
Contract, not all of these documents will have been prepared by Contractor and therefore need not be furnished. Oregon
Health Authority's Client Process Monitoring System (CPMS) data, Community Mental Health Provider Report, and
Termination Service Recording Form shall, if necessary. be completed in accordance with Oregon Health AuthOrity
requirements and submitted to Oregon Health Authority through County. Contactor agrees to, and does hereby grant
County and the Oregon Health Authority the right to reproduce use and disclose for County or Oregon Health AuthOrity
purposes, all or any part of the reports. data and technical information furnished to County under this Contract. Contractor
shall make available to County. Oregon Health Authority and any Individual of Contractor as defined in Exhibit 1 of the
Contract any and all written materials in alternate formats in compliance with Oregon Health Authority's policies or
administrative rules. For purposes of the foregoing, "written materials" includes. without limitation, all work product and
contracts related to this Contract.
17. Access to Records. Contractor shall maintain fiscal records and all other records pertinent to this Contract.
a. All fiscal records shall be maintained pursuant to generally accepted accounting standards. and other records shall
be maintained to the extent necessary to clearly reflect actions taken.
1 ) Contractor shall retain and keep accessible all books, documents, papers and records that are directly related
to this Contract, the funds paid to Contractor hereunder or to any services delivered hereunder, for a minimum
of six (6) years, or such longer period as may be required by other provisions of this Contract or applicable
law, following the termination or expiration of this Contract.
2) If an audit, litigation or other action involving this Contract is started before the end of the six-year (6) period,
the records shall be retained until all issues arising out of the action are resolved.
b. County, the Oregon Health Authority, the Secretary of State's Office of the State of Oregon, the Federal
Government, and their duly authorized representatives shall have the right to direct access to all of Contractor's
books, documents, papers and records related to this Contract, the funds paid to Contractor hereunder, or any
services delivered hereunder for the purpose of conducting audits and examinations, making copies, excerpts and
transcripts. In addition, Contractor shall permit authorized representatives of County and the Oregon Health
Authority to perform site reviews of all services delivered by Contractor hereunder.
1) These records also include licensed software and any records in electronic form, including but not limited to
computer hard drives, tape backups and other such storage devices. County shall reimburse Contractor for
Contractor's cost of preparing copies.
2) At Contractor's expense, the County, the Secretary of State's Office of the State of Oregon, the Federal
Government, and their duly authorized representatives, shall have license to enter upon Contractor's premises
to access and inspect the books, documents, papers, computer software. electronic files and any other
records of the Contractor which are directly pertinent to this Contract.
3) If Contractor's dwelling is Contractor's place of business, Contractor may, at Contractor's expense, make the
above records available at a location acceptable to the County.
18. Ownership of Work. All work of Contractor that results from this Contract (the "Work Product") is the exclusive
property of County.
a. County and Contractor intend that such Work Product be deemed "work made for hire" of which County shall be
deemed author.
b. If, for any reason, the Work Product is not deemed "work made for hire," Contractor hereby irrevocably assigns to
County all of its right, title, and interest in and to any and all of the Work Product, whether arising from copyright,
patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine.
c. Contractor shall execute such further documents and instruments as County may reasonably request in order to
fully vest such rights in County.
Page 6 of 9-Behavioral Health -Personal Services Contract No. 2013-291
d. Contractor forever waives any and all rights relating to Work Product, including without limitation, any and all rights
arising under 17 USC § 106A or any other rights of identification of authorship or rights of approval, restriction or
limitation on use or subsequent modifications.
e. County shall have no rights in any pre-existing work product of Contractor provided to County by Contractor in the
performance of this Contract except an irrevocable, non-exclusive, perpetual, royalty-free license to copy, use and
re-use any such work product for County use only.
f. If this Contract is terminated prior to completion, and County is not in default, County, in addition to any other rights
provided by this Contract, may require Contractor to transfer and deliver all partially completed work products,
reports or documentation that Contractor has specifically developed or specifically acquired for the performance of
this Contract.
g. In the event that Work Product is deemed Contractor's Intellectual Property and not "work made for hire," Contractor
hereby grants to County an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce. prepare
derivative works based upon, distribute copies of, perform and display the Contractor Intellectual Property, and to
authorize others to do the same on County's behalf.
h. In the event that Work Product is Third Party Intellectual Property, Contractor shall secure on the County's behalf and
in the name of the County, an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce, prepare
derivative works based upon, distribute copies of, perform and display the Third Party Intellectual Property, and to
authorize others to do the same on County's behalf.
19. County Code Provisions. Except as otherwise specifically provided, the provisions of Deschutes County Code,
Section 2.37.150 are incorporated herein by reference. Such code section may be found at the following URL address:
http://www .deschutes.org/county-code.aspx
20. Partnership. County is not, by virtue of this Contract, a partner or joint venturer with Contractor in connection with
activities carried out under this Contract, and shall have no obligation with respect to Contractor's debts or any other
liabilities of each and every nature. Unless Contractor is a State of Oregon governmental agency, Contractor agrees
that it is an independent contractor and not an agent of the State of Oregon, the Oregon Health Authority or County.
21. Indemnity and Hold Harmless.
a. To the fullest extent authorized by law Contractor shall defend (in the case of the state of Oregon and the Oregon
Health Authority, subject to ORS Chapter 180), save, hold harmless and indemnify the County, The State of
Oregon and the Oregon Health authority, their officers, employees and agents from and against all claims, suits,
actions, losses, damages, liabilities costs and expenses of any nature resulting from or arising out of, or relating to
the activities of Contractor or its officers, employees, contractors, or agents under this Contract, including without
limitation any claims that the work, the work product or any other tangible or intangible items delivered to County
by Contractor that may be the subject of protection under any state or federal intellectual property law or doctrine,
or the County's use thereof, infringes any patent, copyright, trade secret, trademark, trade dress, mask work utility
design or other proprietary right of any third party.
b. Contractor shall have control of the defense and settlement of any claim that is subject to subparagraph a of this
paragraph; however neither contractor nor any attorney engaged by Contractor shall defend the claim in the name
of Deschutes County or any department or agency thereof, nor purport to act as legal representative of the County
or any of its departments or agencies without first receiving from the County's legal counsel, in a form and manner
determined appropriate by the County's legal counsel, authority to act as legal counsel for the County, nor shall
Contractor settle any claim on behalf of the Count without the approval of the County's legal counsel.
c. To the extent permitted by Article XI, Section 10, of the Oregon Constitution and the Oregon Tort Claims Act, ORS
30.260 through 30.300, County shall defend, save, hold harmless and indemnify Contractor and its officers,
employees and agents from and against all claims, suits, actions, losses, damages, liabilities costs and expenses
of any nature resulting from or arising out of, or relating to the activities of County or its officers, employees,
contractors, or agents under this Contract.
22. Compliance with provisions, requirements of funding source and Federal and State laws, statutes, rules,
regulations, executive orders and pOlicies. See Exhibit 6.
23. Waiver.
a. County's delay in exercising, or failure to exercise any right, power, or privilege under this Contract shall not
operate as a waiver thereof, nor shall any single or partial exercise or any right, power, or privilege under this
Contract preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
b. The remedies provided herein are cumulative and not exclusive of any remedies provided by law.
Page 7 of 9-Behavioral Health -Personal Services Contract No. 2013-291
24. Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of Oregon
without regard to principles of conflicts of law.
a. Any claim, action, suit or proceeding (collectively, "Claim") between County and Contractor that arises from or
relates to this Contract shall be brought and conducted solely and exclusively within the Circuit Court of Deschutes
County for the State of Oregon; provided, however, if a Claim shall be brought in federal forum, then it shall be
brought and conducted solely and exclusively within the United States District Court for the District of Oregon.
b. CONTRACTOR, BY EXECUTION OF THIS CONTRACT, HEREBY CONSENTS TO THE IN PERSONAM
JURISDICTION OF SAID COURTS. The parties agree that the UN Convention on International Sales of Goods
shall not apply.
25. Severability. If any term or provision of this Contract is declared by a court of competent jurisdiction to be illegal or in
conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and
obligations of the parties shall be construed and enforced as if this Contract did not contain the particular term or
provision held invalid.
26. Reserved.
27. Notice. Except as otherwise expressly provided in this Contract, any communications between the parties hereto or
notices to be given hereunder shall be given in writing, to Contractor or County at the address or number set forth
below or to such other addresses or numbers as either party may hereafter indicate in writing. Delivery may be by
personal delivery, facsimile, or mailing the same, postage prepaid.
a. Any communication or notice by personal delivery shall be deemed delivered when actually given to the
deSignated person or representative.
b. Any communication or notice sent by facsimile shall be deemed delivered when the transmitting machine
generates receipt of the transmission. To be effective against County, such facsimile transmission shall be
confirmed by telephone notice to the County Administrator.
c. Any communication or notice mailed shall be deemed delivered five (5) days after mailing. Any notice under this
Contract shall be mailed by first class postage or delivered as follows:
To Contractor: To County: To Sheriff's Office:
Sally Pfeifer Scott Johnson Captain Michael Espinoza
Pfeifer & Associates Deschutes County Health Services Deschutes County Sheriff's Office
23 NW Greenwood Ave. 2577 NE Courtney Dr. 63333 W Hwy 20
Bend, OR 97701 Bend, Oregon 97701 Bend, OR 97701
Phone No. 541-383-4293 Phone No. 541-322-7500 Phone No. 541-617-3378
28. Merger Clause. This Contract and the attached exhibits constitute the entire agreement between the parties.
a. All understandings and agreements between the parties and representations by either party concerning this
Contract are contained in this Contract.
b. No waiver, consent, modification or change in the terms of this Contract shall bind either party unless in writing
signed by both parties.
c. Any written waiver, consent, modification or change shall be effective only in the specific instance and for the
specific purpose given.
29. Identity Theft Protection. Contractor and subcontractors shall comply with the Oregon Consumer Identity Theft
Protection Act (ORS 646A.600 et seq.).
30. Survival. All rights and obligations shall cease upon termination or expiration of this Contract, except for the rights and
obligations set forth in Sections 4,5,8,9, 15, 17, 18,20-28,29 and 31.
31. Representations and Warranties.
a. Contractor's Representations and Warranties. Contractor represents and warrants to County that
1) Contractor has the power and authority to enter into and perform this Contract;
2) this Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in
accordance with its terms;
3) Contractor has the skill and knowledge possessed by well-informed members of its industry, trade or
profession and Contractor will apply that skill and knowledge with care and diligence to perform the Work in a
professional manner and in accordance with standards prevalent in Contractor's industry, trade or profession;
Page 8 of 9-Behavioral Health -Personal Services Contract No. 2013-291
4) Contractor shall, at all times during the term of this Contract, be qualified, professionally competent, and duly
licensed to perform the Work;
5) Contractor prepared its proposal related to this Contract, if any, independently from all other proposers, and
without collusion, fraud, or other dishonesty; and
6) Contractor's making and performance of this Contract do not and will not violate any provision of any applicable
law, rule or regulation or order of any court, regulatory commission, board or other administrative agency.
b. Warranties Cumulative. The warranties set forth in this paragraph are in addition to, and not in lieu of, any other
warranties provided.
Page 9 of 9 -Behavioral Health -Personal Services Contract No. 2013-291
EXHIBIT 1
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2013-291
STATEMENT OF WORK, COMPENSATION
PAYMENT TERMS and SCHEDULE
1. Contractor shall perform the following work:
Contractor shall screen and assess Individual for tobacco use, and offer tobacco cessation resources to
Individuals choosing to quit. Contractor shall provide Alcohol & Drug services as outlined in Exhibit 1A,
attached.
A. REGULATIONS & DUTIES
Contactor shall comply with all applicable provisions of that certain 2013-2015 County Financial Assistance
Contract, as amended, including applicable Service Descriptions attached thereto, effective July 1, 2013,
Contract between the State of Oregon acting by and through its Oregon Health Authority (Department) and
Deschutes County. Contractor agrees to comply with the rules and regulations of County, applicable provisions
in the Contract between County and the Department, incorporated herein by reference, as of the effective date
of the Contract, applicable provisions of the Administrative Rules and Procedures of the Department, applicable
Federal regulations and all provisions of Federal and State statutes, rules and regulations relating to
Contractor's performance of services under this Contract. Any act or duty of County, imposed upon County by
Department, which, by the nature of this Contract County determines to be within the scope of this Contract and
is to be performed by Contractor, Contractor shall perform on behalf of County. No federal funds may be used
to provide services in violation of 42 USC 14402.
2. The maximum compensation.
a. The maximum compensation under this Contract, including allowable expenses is $180,000. The
Sherriffs Office will pay $90,000 (as outlined in Exhibit 1-A) and Deschutes County Health Services shall
pay $90,000 (as outlined in Exhibit 1-8). When such funds are exhausted, County will endeavor to notify
Contractor and no further payment under this Contract will be made or required.
b. Contractor shall not submit invoices for, and County shall not pay for any amount in excess of the
maximum compensation amount set forth above.
1) If this maximum compensation amount is increased by amendment of this Contract, the amendment
shall be fully effective before Contractor performs work subject to the amendment.
2) Contractor shall notify County in writing of the impending expiration of this Contract thirty (30)
calendar days prior to the expiration date.
c. Contractor shall be entitled to reimbursement for expenses as set forth in Exhibit 5 0 YES [gI NO
[Check one1
3. Schedule of Performance or Delivery.
a. County's obligation to pay depends upon Contractor's delivery or performance in accordance with the
schedule listed in Exhibits 1A & 1 B.
b. County will only pay for completed work that conforms to the terms of the Contract.
4. Renewal. This Contract may be renewed, subject to the following conditions:
a. Renewal will be based on the County Annual Implementation Plan approved by the Department.
b. Renewal is subject to the availability of funding.
Page 1 of 1 -Exhibit 1 -Personal Service Contract No.2013-291
EXHIBIT 1-A
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2013-291
IN CUSTODY ADDICTIONS TREATMENT
STATEMENT OF WORK, COMPENSATION
PAYMENT TERMS and SCHEDULE
1. Contractor shall perform the following work:
Contractor is responsible for providing a continuum of addiction treatment services to criminal offenders from
the time they are incarcerated in the County jail and after they are released into the community. Services will
be provided in the County jailor the Work Center and may be required to continue after release from
custody. Each Individual Service and Support Plan must be adapted to the current status of the offender
within the corrections system.
A. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS AND MAKING PAYMENTS
Contractor shall submit monthly reports following the end of each calendar month, but no later than thirty
(30) days following the end of the calendar month. The report, created by Contractor and approved by
County, shall include a summary of services, including, but not limited to, date of bill, amount billed, billing
period including month and year, amount billed year-to-date, names of clients enrolled and enrollment date.
All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail.
Contractor shall submit the final monthly report under this Contract no later than July 7,2014. Notices, bills,
and payments sent by mail should be addressed as follows:
Contractor: Pfeifer & Associates
23 NW Greenwood Ave.
Bend, OR 97701 Phone: (541) 383-4293
Attn: Sally Pfeifer
County: Deschutes County Sheriff's Office
63333 W. Hwy 20 N€
Bend, OR 97701 Phone: (541) 617-3378
Attn: Jennifer Lawrence
B. SERVICES TO BE PERFORMED
1. Services shall be provided and documented in a legible manner consistent with professional and
community standards of care. Throughout the term of this Contract, Contractor must:
a. Hold and attach a current copy of their non-provisional licenselletter of approval issued by the State
of Oregon, Addictions and Mental Health Division (AMH).
b. Be able to ensure equal access to services for Individuals with diverse cultural or language
requirements, geographic barriers, and/or transportation needs.
c. Maintain an accounting and financial management system which complies with generally accepted
accounting principles and which is adequate to meet federal and state government requirements.
The system must provide adequate documentation, monitoring, access and reporting concerning the
organization's financial position.
d. Obtain Sheriffs Office approval prior to implementing a new inmate treatment program.
e. Obtain Sheriffs Office approval for all volunteers and staff prior to volunteers and staff entering the
jailor work center. Sheriffs Office approval is dependent on a criminal history check. Names, date
of birth and other needed personal information for each volunteer or staff member will be provided.
Volunteers who come to the jailor work center on a regular basis and all staff must complete the jail
volunteer program, provided by the Sheriff.
Page 1 of 3 -Exhibit 1A -Personal Service Contract No.2013-291
f. All referrals to the addictions treatment program will originate with inmates at the Deschutes County
Jail. Referrals to Contractors addictions program will be from those inmates who have met criteria
of Sherriff's Office and Contractor, including general inmate population and referrals from Parole and
Probation. Contractor shall coordinate closely with Jail staff to identify those Individuals most
appropriate for referral to treatment slots. Decisions regarding placement in one of the slots
available under this Contract will be based on Individual's motivation, risk for reoffending or return to
jail, and lack of access to other resources for treatment. The inmates referred to the addictions
treatment programs shall be determined to be in need of addictions treatment and will have been
sentenced for a term of at least three (3) months. Jail staff and Contractor may refer an inmate with
less than three (3) months on their sentence if the inmate would benefit from services and an
opening exists. Contractor shall provide addictions treatment services to males located at the Work
Center and females located at the jail for a total of at least thirty-six (36) inmates per year. Numbers
of classes and inmates served is subject to review and evaluation and agreed upon modifications by
Sheriff's Office and Contractor.
Contractor agrees to remove from services and supports those inmates who represent a physical or
psychological safety risk to others or themselves until such time jail staff and Contractor determine
the inmate is safe to receive treatment services. I
2. Contractor agrees to the following conditions:
a. Sally Pfeifer will be treatment service coordinator and work with Sheriff's Office Programs Deputy
and Programs Specialist on scheduling, referrals, and other treatment service issues.
b. Consult with Sheriff's Office Programs Deputy and Programs Specialist regarding inmates who are I
appropriate to receive services while incarcerated in jail facility and who meet criteria and eligibility
(as stated in Paragraph 1 B section f) to participate in treatment program.
c. Coordinate with Programs Deputy and Programs Classification specialist in pre-screening to
prioritize inmates with most significant addiction issues, where addiction is deemed a highly ~ I
significant barrier to recovery and rehabilitation.
d. Provide RESTART or equivalent class for inmates in need of services at the jailor work center. The iclass will be taught separately to pre-trial and sentenced inmates. The class will consist of five (5) or
six (6) twice-weekly sessions with attendance by an average of ten (10) to fifteen (15) inmates,
lasting approximately an hour and a half. Both Contractor and Sheriff's Office will have the ability to
discuss and implement agreed upon modifications of content, structure and schedule for the most
effective use of resources. I
e. Provide on-site addiction treatment services to female inmates in Deschutes County jail and to male
inmates in the Work Center. These on-site services shall include group sessions two (2) times a i
week each session lasting approximately an hour and a half. If. Prior to an inmate being released from custody, coordinate with Programs Deputy and Programs
Specialist to complete a standard screening tool to identify those inmates at highest risk for relapse
or re-offending and provide continued services and supports post-release at a duration and intensity
necessary to decrease the likelihood of recidivism.
g. Give a definite place and time for post-release services and supports when an inmate is released
from custody. Contractor will provide documentation of this notice to Sheriff's Office and Parole and
Probation. f h. Provide services and supports to inmates who meet criteria and eligibility to partiCipate in services
and supports program on an open enrollment basis. I
i. Enter data in Oregon Treatment Court Management System (OTCMS) on a monthly basis. Data
points will include name, date of birth, SID number, risk, level of care and other relevant information. r
Submit quarterly outcome reports to Sheriff's Office and Behavioral Health Department. Outcome J
ireports shall include information on abstinence, duration of treatment, and successful completion of t
those partiCipants who were enrolled in the program while in and out of custody, observing the I
lCounty's privacy policies and all applicable laws. Inmates shall sign a release of information
allowing the exchange of information between Pfeifer and Associates, Sheriff's Office, Behavioral
Health Department and Parole and Probation. ~
I
i
Page 2 of 3 -Exhibit 1A Personal Service Contract No.2013-291 f
i•
j. Attend meetings on the first and third Monday with the Sheriffs Office, and Parole & Probation
Department for those inmates scheduled to be released and receive continued treatment. This
schedule for twice monthly meetings may be adjusted based on operational needs and upon
agreement of the parties.
These services. 2a-j. will be performed under the direction and authority of the Deschutes County Sheriffs
Office and Behavioral Health Division in close coordination with the Parole and Probation Department.
3. The maximum compensation.
a. Dependent upon successful quarterly review, the Sheriffs Office shall pay Contractor for in custody
treatment services on a fee·for service basis at a maximum rate of $7,500 monthly, separate from any
payment for post release treatment services. Monthly payment Is dependent on Contractor
. providing the Sheriffs Office with the number of inmates attending treatment and the number of inmates
enrolled in alcohol and services and supports programs for the prior month. The maximum
compensation for the services and supports under this Exhibit 1·A of the Contract is $90,000. V\lhen this
maximum compensation has been reached, no further payment under this portion of the Contract will be
made or required.
b. It is intended that the maximum compensation be expended in relatively equal monthly amounts to
assure a steady availability of service slots to inmates. In order to accomplish this, reimbursement will
be as follows:
i. No later than thirty (30) days after the end of each month. Contractor shall send to the Sheriffs
Office the names of inmates enrolled in services, their enrollment date, and type of services
provided. After receipt of this information, payment will then be issued for that month. A final list
of enrolled inmates shall be provided to the Sheriffs Office no later than July 8, 2014.
if. Contractor is expected to have an average often (10) to fifteen (15) inmates attend the class.
iii. During the tenm of this Contract, Contractor is expected to provide alcohol and drug services
and supports to a minimum of thirty-six (36) inmates.
c. County may be required to amend the maximum compensation through amendment of this Contract if
County's funding is amended through County's contract with OHA If this maximum compensation
amount is increased by amendment of this Contract, the amendment shall be fully effective before
Contractor performs work subject to the amendment.
d. If federal or state authorities disallows or requests repayment for any funds paid under this Contract due
to Contractor's acts or omissions. Contractor shall make payment to County of the amount disallowed or
requested. In tne event that federal or state authorities determines that County is responsible for the
repayment of any funds owed to state or federal authorities by Contractor, Contractor agrees to make
such payment within ten (10) days of notification by County or federal or state authority of said
determination.
e. Notwithstanding any other payment provision of this Contract, should Contractor fail to submit required
reports or documentation as outlined in this Contract, or fail to perform or document the performance of
contracted Services; County shall immediately withhold payments under this Contract
f. In the event that a statutorily required license or insurance is suspended or not extended, County's
obligation to provide reimbursement for Services rendered without the necessary license or insurance
will cease on the date of expiration or suspension of license and/or insurance.
Page 3 of 3 -Exhibit 1 A -Personal Service Contract No.2013-291
EXHIBIT 1-B
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2013-291
POST RELEASE ADDICTIONS TREATMENT
STATEMENT OF WORK, COMPENSATION
PAYMENT TERMS and SCHEDULE
Definitions, laws, regulations as defined by the OAR's 309-032 are incorporated by reference herein to the extent
that they are applicable to the Contract and required by law to be so incorporated. In addition, the definitions,
laws and regulations as defined by the "Integrated Policies for Delivery of Behavioral Health Outpatient Services
and Supports" are incorporated into this Contract herein by reference.
1. Contractor shall perform the following work:
Contractor agrees to abide by the following in providing and receiving compensation under the post release
portion of this Contract. Contractor will report all information on post-release services to Deschutes County
Health Services. Compensation for post release services will be authorized by Deschutes County Health
Services. I
A. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BillS AND MAKING PAYMENTS
Contractor shall submit monthly reports following the end of each calendar month, but no later than thirty
(30) days following the end of the calendar month. The report, created by Contractor and approved by
County. shall include a summary of services, including, but not limited to. date of bill, amount billed,
billing period including month and year, amount billed year-to-date, names of clients enrolled and 1
fenrollment date. All notices, bills and payments shall be made in writing and may be given by personal
I
(delivery or by mail. Contractor shall submit the final monthly report under this Contract no later than July
7,2014. The end of year report shall include an outcome summary for each client enrolled in the
program under this Contract which will include discharge. Notices. bills. and payments sent by mail
should be addressed as follows:
Contractor:
County:
B. Definitions:
Pfeifer &Associates
23 NW Greenwood Ave.
Bend. OR 97701 Phone:
Attn: Sally Pfeifer
Deschutes County Health Services
2577 NE Courtney Drive
Bend. OR 97701 Phone:
Attn: Lori Hill
I
l
(541) 383-4293
t
i
(541) 322-7535
f
I
a. low Incomellndigent:
For the purposes of this Contract, an indigent is any person who is at or below 125% of the Ifederal poverty level as published by the US Department of Health and Human Services and
does not have sufficient money, credit. or property to be self-supporting. I
f
b. Levell (Outpatient): i
Outpatient treatment services provided to the individual in regularly scheduled face-to-face
therapeutic sessions. Such services may include individual, group and family counseling. as t
well as long-term support for relapse prevention. Level I consists of 1-9 hours/week of
service. t t
c. level II (IntenSive Outpatient): i
This level of service affords the individual the opportunity to remain in his or her existing i
environment (social. familial, vocational). while still benefiting from a therapeutic, structured
program. It is an outpatient service consisting of at least nine hours of service per week for t individuals who meet the ASAM PPC 2R placement criteria for this level of care. Such
1
Page 1 of 3 -Exhibit 1 B -Personal Service Contract No.2013-291 I ~ ~
services may include individual, group and family counseling as well as long term support for
relapse prevention.
C. SERVICES TO BE PERFORMED
1. Provide Out-patient Alcohol and Drug Services to low-income, uninsured priority individuals who are
released from jail and/or work center. Outpatient services will include a combination of the following:
assessment, group and individual counseling, family education and services and supports, case
management (including coordination with Jail and Parole & Probation), relapse prevention and urinalysis
screening.
i
a. Participate in meetings as scheduled with Behavioral Health, Jail and Parole & Probation staff. rb. Provide annual reports on Individuals served, including successful treatment completion and Irecidivism rates (new charges while in treatment and after treatment completion.) I
I
2. County Services. County shall provide Contractor, at County's expense, with material and services Idescribed as follows:
a. Services will be paid for based on a case rate as outlined under 3B. In addition to this case rate,
!
f
Contractor may charge the client a co-pay, depending upon Individual's ability to pay. The co-pay will be
a maximum of $5 per visit.
!3. Consideration. ~
A. To be eligible for services under these funds, Individual must have started services and supports while f
incarcerated in the jailor work center, been released from jail, and been identified by jail staff and
Contractor staff as needing post-release services and supports. Individuals who receive services must f talso qualify as low income as defined under 1B (a). Contractor is responsible for determining eligibility, I ibased upon the criteria set forth or referred to herein. Contractor will have Individual complete a
financial application and verify income information with pay stubs, etc. to determine eligibility.
B. Case Rate Compensation:
a. Subject to the maximum monthly payment of $7500, as identified in Exhibit 1A, Contractor will
be paid a case rate of $1,875 per enrolled Individual. This rate will be paid for each Individual I
who meets the criteria for either Levell or Levell! A&D services (described 1B) and is enrolled !,
in A&D services with the Office of Addictions and Mental Health Services under Client Process
Monitoring System (CPMS). Case rate will cover all services per enrollment episode regardless
of duration of treatment.
b. If an Individual does not successfully engage in services and supports within thirty (30) days I
after initial enrollment (as defined by attendance at a minimum of three (3) sessions within thirty
(30) days, Contractor agrees to enroll an additional Individual in services under the same case
rate slot, with no additional charge to the County.)
4 The Maximum compensation and payment method.
A. The maximum compensation under the post release portion of this Contract is $90,000 -serving a
minimum of forty-eight (48) Individuals -and will consist of case rate payment only. When such funds
are exhausted, no further payment under this Contract will be made.
B. Contractor shall not submit invoices for, and County shall not pay for any amount in excess of the
maximum compensation amount set forth immediately above. County may be required to amend the
maximum compensation through amendment of this Contract if County's funding is amended through
County's contract with OHA. If this maximum compensation amount is increased by amendment of this
Contract, the amendment shall first become fully effective before Contractor performs work subject to
the amendment. Contractor shall notify County in writing of the impending expiration of this Contract
thirty (30) calendar days prior to the expiration date.
C. It is intended that the maximum compensation be expended in relatively equal monthly amounts to
assure a steady availability of service slots to Individuals. In order to accomplish this, reimbursement will
be as follows:
Page 2 of 3 -Exhibit 1 B -Personal Service Contract NO.2013-291
.:. Contractor will enroll and be reimbursed for a maximum of four (4) Individuals per month under
this Contract. These will be new Individuals who enroll in post jail release A&D services in that
month .
• :. No later than thirty (30) days after the end of each month, Contractor shall send to County the
names of Individuals who have been enrolled under this Contract, enrollment date, and a
statement of eligibility as outlined in 3A. County shall then issue payment for that month .
• :. It is expected that Contractor will fill all four (4) slots each month. However, if four (4)
Individuals, who meet the criteria under 3A, do not apply for services in one month, Contractor
may carry the vacant slot into the next month. Contractor will not be reimbursed for any slots
over the monthly maximum of four (4) unless there have been unfilled slots from previous
months .
•:. The final list of enrolled Individuals will be sent to the County no later than July 7,2014.
D. If federal or state authorities disallows or requests repayment for any funds paid under this Contract due
to Contractor's acts or omissions. Contractor shall make payment to County of the amount disallowed or
requested. In the event that federal or state authorities determines that County is responsible for the
repayment of any funds owed to state or federal authorities by Contractor, Contractor agrees to make
such payment within ten (10) days of notification by County or federal or state authority of said
determination.
E. Notwithstanding any other payment provision of this Contract, should Contractor fail to submit required
reports or documentation as outlined in this Contract, or fail to perform or document the performance of
contracted Services; County shall immediately withhold payments under this Contract.
F. In the event that a statutorily required license or insurance is suspended or not extended, County's
obligation to provide reimbursement for Services rendered without the necessary license or insurance
will cease on the date of expiration or suspension of license and/or insurance.
Page 3 of 3 -Exhibit 16 -Personal Service Contract No.2012-291
EXHIBIT 2
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2013-291
INSURANCE REQUIREMENTS
Contractor shall at all times maintain in force at Contractor's expense, each insurance noted below.
Insurance coverage must apply on a primary or non-contributory basis. All insurance policies, except
Professional Liability, shall be written on an occurrence basis and be in effect for the term of this Contract.
Policies written on a "claims made" basis must be approved and authorized by Deschutes County.
Contractor Name: Pfeifer and Associates
Workers Compensation insurance in compliance with DRS 656.017, requiring Contractor and all subcontractors
to provide workers' compensation coverage for all subject workers, or provide certification of exempt status.
Worker's Compensation Insurance to cover claims made under Worker's Compensation, disability benefit or any
other employee benefit laws, including statutory limits in any state of operation with Coverage B Employer's
Liability coverage all at the statutory limits .. In the absence of statutory limits the limits of said Employers liability
coverage shall be not less than $1,000,000 each accident, disease and each employee. This insurance must be
endorsed with a waiver of subrogation endorsement, waiving the insured's right of subrogation against County.
Professional Liability insurance with an occurrence combined single limit of not less than:
Per Occurrence limit Annual Aggregate limit
['8] $1.000,000 D $2,000,000
D $2,000,000 ['8] $3,000,000
D $3,000,000 D $5,000,000
Professional Liability insurance covers damages caused by error, omiSSion, or negligent acts related to
professional services provided under this Contract. The policy must provide extended reporting period coverage,
sometimes referred to as "tail coverage" for claims made within two years after the contract work is completed.
['8] Required by County D Not required by County (one box must be checked)
Commercial General Liability insurance with a combined single limit of not less than:
Per Single Claimant and Incident All Claimants Arising from Single Incident
['8] $1,000,000 D $2,000,000
D $2,000,000 ['8] $3,000,000
D $3,000,000 D $5,000,000
Commercial General Liability insurance includes coverage for personal injury, bodily injury, advertising injury,
property damage, premises, operations, products, completed operations and contractual liability. The insurance
coverages provided for herein must be endorsed as primary and non-contributory to any insurance of County, its
officers, employees or agents. Each such policy obtained by Contractor shall provide that the insurer shall defend
any suit against the named insured and the additional insureds, their officers, agents, or employees, even if such
suit is frivolous or fraudulent. Such insurance shall provide County with the right, but not the obligation, to engage
its own attorney for the purpose of defending any legal action against County, its officers, agents, or employees,
and that Contractor shall indemnify County for costs and expenses, including reasonable attorneys' fees, incurred
or arising out of the defense of such action.
By separate endorsement, the policy shall name Deschutes County, the State of Oregon, the Oregon Health
Authority, their officers, agents, employees and volunteers as an additional insured.
The additional insured endorsement shall not include declarations that reduce any per occurrence or aggregate
insurance limit. The contractor shall provide additional coverage based on any outstanding claim(s) made against
policy limits to ensure that minimum insurance limits required by the County are maintained. Construction
contracts may include aggregate limits that apply on a "per location" or "per project" basis. The additional
insurance protection shall extend equal protection to County as to Contractor or subcontractors and shall not be
limited to vicarious liability only or any similar limitation. To the extent any aspect of this Paragraph shall be
deemed unenforceable, then the additional insurance protection to County shall be narrowed to the maximum
amount of protection allowed by law.
['8] Required by County D Not required by County (One box must be checked)
Page 1 of 2 -Exhibit 2 -Personal Services Contract No. 2013-291
Automobile Liability insurance with a combined single limit of not less than :
Per Occurrence
o $500,000
o $1,000,000
o $2,000,000
Automobile Liability insurance includes coverage for bodily injury and property damage resulting from operation of
a motor vehicle. Commercial Automobile Liability Insurance shall provide coverage for any motor vehicle (symbol
1 on some insurance certificates) driven by or on behalf of Contractor during the course of providing services
under this contract. Commercial Automobile Liability is required for contractors that own business vehicles
registered to the business. Examples include : plumbers, electricians or construction contractors . An Example of
an acceptable personal automobile policy is a contractor who is a sole proprietor that does not own vehicles
registered to the business.
o Required by County I:8l Not required by County (one box must be checked)
Additional Requirements. Contractor shall pay all deductibles and self-insured retentions. A cross-liability clause
or separation of insured's condition must be included in all commercial general liability policies required by this
Contract. Contractor's coverage will be primary in the event of loss.
Certificate of Insurance Required. Contractor shall furnish a current Certificate of Insurance to the County with
the signed Contract. Contractor shall notify the County in writing at least 30 days in advance of any cancellation,
termination, material change, or reduction of limits of the insurance coverage. The Certificate shall also state the
deductible or, if applicable, the self-insured retention level. Contractor shall be responsible for any deductible or
self-insured retention. If requested, complete copies of insurance policies shall be provided to the County.
For commercial general and automobile liability coverage, the Certificate shall also provide, by policy
endorsement, that Deschutes County, the State of Oregon, their agents, officers, employees and
volunteers are additional insureds with respect to Contractor's services provided under this Contract. The
endorsement must be in a format acceptable to Deschutes County. If requested, complete copies of insurance
policies shall be provided to the County .
RiS?=~ Date
;/?¢3
Page 2 of 2 -Exhibit 2 -Personal Services Contract No. 2012-291
EXHIBIT 3
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2013-291
CERTIFICATION STATEMENT FOR CORPORATION
OR INDEPENDENT CONTRACTOR
NOTE: Contractor Shall Complete A or B in addition to C below:
A. CONTRACTOR IS A CORPORATION, LIMITED LIABILITY COMPANY OR A PARTNERSHIP.
B. CONTRACTOR IS A SOLE PROPRIETOR WORKING AS AN INDEPENDENT CONTRACTOR.
Contractor certifies under penalty of perjury that the following statements are true:
1. If Contractor performed labor or services as an independent Contractor last year, Contractor filed federal and
state income tax returns last year in the name of the business (or filed a Schedule C in the name of the
business as part of a personal income tax return), and
2. Contractor represents to the public that the labor or services Contractor provides are provided by an
independently established business registered with the State of Oregon, and
3. All of the statements checked below are true .
NOTE: Check all that apply. You shall check at least three (3) -to establish that you are an
Independent Contractor.
A The labor or services I perform are primarily carried out at a location that is separate from my
residence or primarily carried out in a specific portion of my residence that is set aside as the
location of the business .
B. I bear the risk of loss related to the business or provision of services as shown by factors such
as : (a) fixed-price agreements; (b) correcting defective work; (c) warranties over the services or
(d) indemnification agreements, liability insurance, performance bonds or professional liability
insurance .
C I have made significant investment in the business through means such as: (a) purchasing
necessary tools or equipment; (b) paying for the premises or facilities where services are
provided; or (c) paying for licenses, certificates or specialized training.
D. I have the authority to hire other persons to provide or to assist in providing the services and if
necessary to fire such persons.
E. Each year I perform labor or services for at least two different persons or entities or I routinely
engage in business advertising, solicitation or other marketing efforts reasonably calculated to
obtain new contracts to provide similar services.
Contractor Signature Date
Page 1 of 2 -Exhibit 3 -Personal Services Contract No. 2013-291
C. Representation and Warranties.
Contractor certifies under penalty of perjury that the following statements are true to the best of
Contractor's knowledge:
1. Contractor has the power and authority to enter into and perform this Contract;
2. This contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable
in accordance with its terms;
3. The services under this Contract shall be performed in a good and workmanlike manner and in accordance
with the highest professional standards; and
4. Contractor shall , at all times during the term of this Contract, be qualified , professionally competent, and duly
licensed to perform the services .
5. To the best of Contractor's knowledge, Contractor is not in violation of any tax laws described in ORS
305.380(4),
6. Contractor understands that Contractor is responsible for any federal or state taxes applicable to any
consideration and payments paid to Contractor under this Contract; and
7. Contractor has not discriminated against minority, women or small business enterprises in obtaining any
required subcontracts.
'i/J /13drrt~tContractor sigI1fe h Dater •
Page 2 of 2 -Exhibit 3 -Personal Services Contract No. 2013-291
EXHIBIT 4
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2013-291
Workers' Compensation Exemption Certificate
(To be used only when Contractor claims to be exempt from Workers' Compensation coverage requirements)
Contractor is exempt from the requirement to obtain workers' compensation insurance under ORS Chapter 656 for the following reason
(check the appropriate box):
o SOLE PROPRIETOR
• Contractor is a sole proprietor, and
• Contractor has no employees, and
• Contractor shall not hire employees to perform this contract.
Il}.cORPORATION -FOR PROFIT
• Contractor's business is incorporated, and
• All employees of the corporation are officers and directors and have a substantial ownership interest' in the
corporation, and
• The officers and directors shall perform all work. Contractor shall not hire other employees to perform this
contract.
o CORPORATION -NONPROFIT
• Contractor's business is incorporated as a nonprofit corporation, and
• Contractor has no employees; all work is performed by volunteers, and
• Contractor shall not hire employees to perform this contract.
o PARTNERSHIP
• Contractor is a partnership, and
• Contractor has no employees, and
• All work shall be performed by the partners; Contractor shall not hire employees to perform this contract, and
• Contractor is not engaged in work performed in direct connection with the construction, alteration, repair,
improvement , moving or demolition of an improvement to real property or appurtenances thereto .
o LIMITED LIABILITY COMPANY
• Contractor is a limited liability company, and
• Contractor has no employees, and
• All work shall be performed by the members; Contractor shall not hire employees to perform this contract, and
• If Contractor has more than one member, Contractor is not engaged in work performed in direct connection with
the construction, alteration, repair, improvement, moving or demolition of an improvement to real property or
appurtenances thereto.
'NOTE : Under OAR 436-050-050 a shareholder has a "substantial ownership" interest if the shareholder owns 10% of the corporation or,
if less than 10% is owned, the shareholder has ownership that is at least equal to or greater than the average percentage of ownership of
all shareholders.
Page 1 of 1 -Exhibit 4 -Personal Services Contract No. 2013-291
EXHIBITS
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2013-291
Expense Reimbursement
1. Travel and Other Expenses. (When travel and other expenses are reimbursed.)
a. It is the policy of the County that all travel shall be allowed only when the travel is essential to the normal
discharge of the County responsibilities.
1) All travel shall be conducted in the most efficient and cost effective manner resulting in the best
value to the County.
2) Travel expenses shall be reimbursed for official County business only.
3) County shall not reimburse Contractor for any item that is not otherwise available for reimbursement
to an employee of Deschutes County per Deschutes County Finance Policy F-1.
"REIMBURSEMENT FOR MISCELLANEOUS EXPENSES AND EXPENSES INCURRED WHILE
TRAVELING ON COUNTY BUSINESS," dated 11/8/06.
4) County may approve a form other than the County Employee Reimbursement Form for Contractor to
submit an itemized description of travel expenses for payment.
5) Personal expenses shall not be authorized at any time.
6) All expenses are included in the total maximum contract amount.
b. Travel expenses shall be reimbursed only in accordance with rates approved by the County and only
when the reimbursement of expenses is specifically provided for in Exhibit 1, paragraph 3 of this
Contract.
c. The current approved rates for reimbursement of travel expenses are set forth in the above described
policy.
d. County shall not reimburse for any expenses related to alcohol consumption or entertainment.
e. Except where noted, detailed receipts for all expenses shall be provided.
f. Charge slips for gross amounts are not acceptable.
g. County shall not reimburse Contractor for any item that is not otherwise available for reimbursement to
an employee of Deschutes County.
2. Approved reimbursements:
a. Mileage. Contractor shall be entitled to mileage for travel in a private automobile while Contractor is
acting within the course and scope of Contractor's duties under this Contract and driving over the most
direct and usually traveled route to and from Bend, Oregon.
1) Reimbursement for mileage shall be equal to but not exceed those set by the United States General
Services Administration ("GSA") and are subject to change accordingly.
2) To qualify for mileage reimbursement, Contractor shall hold a valid, current driver's license for the
class of vehicle to be driven and carry personal automobile liability insurance in amounts not less
than those required by this contract.
3) No mileage reimbursement shall be paid for the use of motorcycles or mopeds.
b. Meals.
1) Any reimbursement for meals shall be for actual cost of meals incurred by Contractor while acting
within the course and scope of Contractor's duties under this contract.
2) For purposes of calculating individual meals where the Contractor is entitled only to a partial day
reimbursement, the following maximum allocation of the meal expenses applies:
a) Breakfast, $10;
b) Lunch, $15;
c) Dinner, $31.
3) Except in the event of necessary overnight travel as provided below, partial day meal expenses shall
be reimbursed as follows and only while Contractor is acting within the course and scope of
Contractor's duties under this contract:
a) Breakfast expenses are reimbursable if Contractor is required to travel more than two (2) hours:
before the start Contractor's regular workday (Le. 8:00 a.m.).
b) Lunch expenses are reimbursable only if Contractor is required to travel overnight and begins
the journey before 11 :00 am or ends the journey after 11 :00 a.m.
c) Dinner expenses are reimbursable only if Contractor is required to travel more than two (2)
hours after Contractor's regular workday (i.e. 5:00 p.m.).
Page 1 of 2 -Exhibit 5 to Personal Services Contract No. 2013-291
4) Breakfast and dinner expenses are reimbursable during Contractor's necessary overnight travel
while acting within the course and scope of Contractor's duties under this contract and shall not
exceed those set by the GSA and are subject to change accordingly.
c. Lodging.
1) County shall reimburse Contractor for Contractor's actual cost of lodging necessary to provide
service to the County and shall not exceed the maximum lodge set by the GSA for Bend, Oregon.
2) Reimbursement rates for lodging are not considered "per diem" and receipts are required for
reimbursement.
d County shall not reimburse Contractor in excess of the lowest fair for any airline ticket or vehicle rental
charges.
3. Exceptions. Contractor shall obtain separate written approval of the County Administrator for any
exceptions to the expense items listed above prior to incurring any expense for which reimbursement shall
be sought.
Page 2 of 2 -Exhibit 5 to Personal Services Contract No. 2013-291
Exhibit 6
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2013~291
Compliance with provisions, requirements of funding source and
Federal and State laws, statutes, rules, regulations, executive orders and policies.
Contractor shall comply with the following federal requirements. For the purposes of this Contract, all
references to federal and state laws are references to federal and state laws as they may be amended
from time to time.
1. Miscellaneous Federal Provisions. Contractor shall comply with all federal laws, regulations, and
executive orders applicable to the Contract or to the delivery of Services. Without limiting the generality
of the foregoing, Contractor expressly agrees to comply with the following laws, regulations and
executive orders to the extent they are applicable to the Contract: (a) Title VI and VII of the Civil Rights
Act of 1964, as amended, (b) Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, (1)
the Age Discrimination in Employment Act of 1967, as amended, and the Age Discrimination Act of
1975, as amended, (g) the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended,
(h) all regulations and administrative rules established pursuant to the foregoing laws, (i) all other
applicable requirements of federal civil rights and rehabilitation statutes, rules and regulations, and (j) all
federal law governing operation of Community Mental Health Programs, including without limitation, all
federal laws requiring reporting of Client abuse. These laws, regulations and executive orders are
incorporated by reference herein to the extent that they are applicable to the Agreement and required by
law to be so incorporated. No federal funds may be used to provide Services in violation of 42 U.S.C.
14402.
2. Equal Employment Opportunity. If this Contract, including amendments, is for more than $10,000,
then Contractor shall comply with Executive Order 11246, entitled "Equal Employment Opportunity," as
amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR
Part 60).
3. Clean Air, Clean Water, EPA Regulations. If this Contract, including amendments, exceeds $100,000
then Contractor shall comply with all applicable standards, orders, or reqUirements issued under Section
306 of the Clean Air Act (42 U.S.C. 7606), the Federal Water Pollution Control Act as amended
(commonly known as the Clean Water Act) (33 U.S.C. 1251 to 1387), specifically including, but not
limited to Section 508 (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency
regulations (2 CFR Part 1532), which prohibit the use under non-exempt Federal contracts, grants or
loans of facilities included on the EPA List of Violating Facilities. Violations shall be reported to OHA,
United States Department of Health and Human Services and the appropriate Regional Office of the
Environmental Protection Agency. Contractor shall include in all contracts with subcontractors receiving
more than $100,000, language requiring the subcontractor to comply with the federal laws identified in
this section.
4. Energy Efficiency. Contractor shall comply with applicable mandatory standards and policies relating
to energy effiCiency that are contained in the Oregon energy conservation plan issued in compliance with
the Energy Policy and Conservation Act 42 U.S.C. 6201 et. seq. (Pub. L. 94-163).
5. Truth in Lobbying. By signing this Contract, the Contractor certifies under penalty of perjury that the
following statements are true to the best of the Contractor's knowledge and belief that:
a. No federal appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any
person for influencing or attempting influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement.
b. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
Page 1 of 8 -Exhibit 6 to Personal Services Contract No. 2013-291
an officer or employee of Congress, or an employee of a Member of Congress in connection with
this federal contract, grant. loan or cooperative agreement. the Contractor shall complete and submit
Standard Form LLL. "Disclosure Form to Report Lobbying" in accordance with its instructions.
c. The Contractor shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants. and contracts under
grants. loans, and cooperative agreements) and that all subrecipients and subcontractors shall
certify and disclose accordingly.
d. This certification is a material representation of fact upon which reliance was placed when this
Contract was made or entered into. Submission of this certification is a prerequisite for making or
entering into this Contract imposed by section 1352, Title 31 of the U.S. Code. Any person who ails
to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
e. No part of any federal funds paid to Contractor under this Contract shall be used other than for
normal and recognized executive legislative relationships for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic
communication, radio, television, or video presentation designed to support or defeat the enactment
of legislation before the United States Congress or any State or local legislature or legislative body,
except in presentation to the Congress or any Stage or local legislature itself. or designed to support
or defeat any proposed or pending regulation, administrative action. or order issued by the executive
branch of any State or local govemment, except in presentation to the executive branch of any Sate
or local government itself.
f. No part of any federal funds paid to Contractor under this Agreement shall be used to pay the salary
or expenses of any grant or contract recipient. or agent acting for such recipient, related to any
activity designed to influence the enactment of legislation, appropriations, regulation, administrative
action, or Executive order proposed or pending before the United States Congress or any State
government, State legislature or local legislature or legislative body, other than for normal and
recognized executive-legislative relationships or participation by an agency or officer of a State, local
or tribal government in policymaking and administrative processes within the executive branch of
that government.
g. The prohibitions in subsections (b) and (c) of this section shall include any activity to advocate or
promote any proposed, pending or future Federal, State or local tax increase, or any proposed,
pending, or future requirement or restriction on any legal consumer product, including its sale or
marketing, including but not limited to the advocacy or promotion of gun control.
h. No part of any federal funds paid to Contractor under this Contract may be used for any activity that
promotes the legalization of any drug or other substance included in schedule I of the schedules of
controlled substances established under section 202 of the Controlled Substances Act except for
normal and recognized executive congressional communications. This limitation shall not apply
when there is Significant medical evidence of a therapeutic advantage to the use of such drug or
other substance or that federally sponsored clinical trials are being conducted to determine
therapeutic advantage.
6. HIPAA Compliance. Contractor is a Covered Entity with respect to its healthcare components as
described in OAR 943-014-0015 for purposes of the Health Insurance Portability and Accountability Act
and the federal regulations implementing the Act (collectively referred to as HIPAA), and OAR 125-055
0100 through OAR 125-055-0130. Contractor must comply with HIPAA to the extent that any Services
or obligations of Contractor arising under this Contract are covered by HIPAA. County shall determine if
County will have access to, or create and protected health information in the performance of any Service
or any other obligations under this Contract. To the extent that Contractor will have access to, or create
any protected health information to perform functions, activities, or Services for, or on behalf of a
healthcare component of OHA in the performance of any Service required by this Contract, County shall
comply and Contractor shall comply with OAR 125-055-0100 through OAR 125-055-0130 and the
following:
Page 2 of 8 -Exhibit 6 to Personal Services Contract No. 2013-291
I
j
I a. Privacy and Security of Individually Identifiable Health Information. Individually Identifiable Health
Information about specific individuals is confidential. Individually Identifiable Health Information
I
-~
relating to specific individuals may be exchanged between County and OHA for purposes directly
related to the provision of Services to clients which are funded in whole or in part under this i Contract. To the extent that Contractor is performing functions, activities, or services for, or on
behalf of, a healthcare component of OHA in the performance of Services required by this Contract,
f Contractor shall not use or disclose any Individual Identifiable Health Information about specific
1 individuals in a manner that would violate OHA Privacy Rules, OAR 943-014-0000 et. seq., or OHA
'I Notice of Privacy Practices. A copy of the most recent OHA Notice of Privacy Practices may be
-~ obtained by contacting OHA or by looking up form number 2090 on the OHA web site at! https:llapps.state.or.uslcf1/FORMS/.~
Ai
b. Data Transactions Systems. If County and Contractor intends to exchange electronic dataJ -~
j transactions with a health care component of OHA in connection with claims or encounter data, , eligibility or enrollment information, authorizations or other electronic transaction, County and i 1 Contractor shall execute an EDI Trading Partner Agreement and shall comply with OHA EDI Rules. ~•
j
~
c. Consultation and Testing. If County or Contractor reasonably believes that the County's or
I Contractor's data transactions system or other application of HIPAA privacy or security compliance
"j policy may result in a violation of HIPAA requirements, County or Contractor shall promptly consult i I the OHA Information Security Office. County or Contractor may initiate a request for testing of
~ HIPAA transaction requirements, subject to available resources and the OHA testing schedule.
! i
7. Resource Conservation and Recovery. Contractor shall comply with all mandatory standards andi .~ policies that relate to resource conservation and recovery pursuant to the Resource Conservation and a Recovery Act (codified at 42 U.S.C. 6901 et. seq.). Section 6002 of that Act (codified at 42 U.S.C. 6962) ~ requires that preference be given in procurement programs to the purchase of specific products
containing recycled materials identified in guidelines developed by the Environmental Protection Agency.
Current guidelines are set forth in 40 CFR Part 247.
8, Audits.
a. Contractor shall comply with applicable audit requirements and responsibilities set forth in this
Contract and applicable state or federal law.
b. Contractor shall also comply with applicable Code of Federal Regulations (CFR) and OMB Circulars
governing expenditure of federal funds. Including, but not limited to, OMB A-133 Audits of States,
Local Governments and Non-Profit Organizations.
9. Debarment and Suspension. County shall not permit any person or entity to be a contractor if the
person or entity is listed on the non-procurement portion of the General Service Administration's "List of
Parties Excluded from Federal Procurement or Nonprocurement Programs" in accordance with
Executive Orders No. 12549 and No. 12689, "Debarment and Suspension". (See 2 CFR Part 180). This
list contains names of parties debarred, suspended, or otherwise excluded by agencies, and contractors
declared ineligible under statutory authority other than Executive Order No. 12549. Contractors with
awards that exceed the simplified acquisition threshold shall provide the required certification regarding
their exclusion status and that of their principals prior to award.
10. Drug-Free Workplace. Contractor shall comply with the following provisions to maintain a drug-free
workplace: (i) Contractor certifies that it will provide a drug-free workplace by publishing a statement
notifying its employees that the unlawful manufacture, distribution, dispensation, possession or use of a
controlled substance, except as may be present in lawfully prescribed or over-the-counter medications,
is prohibited in Contractor's workplace or while providing services to OHA clients. Contractor's notice
shall specify the actions that will be taken by Contractor against its employees for violation of such
prohibitions; (ii) Establish a drug-free awareness program to inform its employees about: the dangers of
drug abuse in the workplace, County's policy of maintaining a drug-free workplace, any available drug
counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed
upon employees for drug abuse violations; (iii) Provide each employee to be engaged in the
performance of services under this contract a copy of the statement mentioned in paragraph (i) above;
(iv) Notify each employee in the statement required by paragraph (i) above that, as a condition of
Page 3 of 8 -Exhibit 6 to Personal Services Contract No. 2013-291
1
employment to provide services under this Contract, the employee will: abide by the terms of the
statement, and notify the employer of any criminal drug statute conviction for a violation occurring in the
workplace no later than five (5) days after such conviction; (v) Notify OHA within ten (10) days after
receiving notice under subparagraph (iv) above from an employee or otherwise receiving actual notice of
such conviction; (vi) Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program by any employee who is so convicted as required by Section 5154
of the Drug-Free Workplace Act of 1988; (vii) Make a good-faith effort to continue a drug-free workplace
through implementation of subparagraphs (i) through (vii) above; (ix) Neither County, Contractor nor any
of County's or Contractor's employees, officers, agents may provide any service required under this
Contract while under the influence of drugs. For purposes of this provision, "under the influence" means:
observed abnormal behavior or impairments in mental or physical performance leading a reasonable
person to believe the County or Contractor's employee, officer, agent has used a controlled substance,
prescription or non-prescription medication that impairs the County or Contractor, County or Contractor's
employees, officers, agents performance of essential job function or creates a direct threat to OHA
clients or others. Examples of abnormal behavior include, but are not limited to: hallucinations,
paranoia or violent outbursts. Examples of impairments in physical or mental performance include, but
are not limited to: slurred speech, difficulty walking or performing job activities; and (x) Violation of any
provision of this section my result in termination of this Contract.
11. Pro-Children Act. Contractor shall comply with the Pro-Children Act of 1994 (codified at 20 U.S.C.
section 6081 et. seq.).
12. Medicaid Services. To the extent Contractor provides any service whose costs are paid in whole or in
part by Medicaid, Contractor shall comply with all applicable federal and state laws and regulation
pertaining to the provision of Medicaid Services under the Medicaid Act, Title XIX, 42 U.S.C. Section
1396 et. seq., including without limitation:
a. Keep such records as are necessary to fully disclose the extent of the services provided to
individuals receiving Medicaid assistance and shall furnish such information to any state or federal
agency responsible for administering the Medicaid program regarding any payments claimed by
such person or institution for providing Medicaid Services as the state or federal agency may from
time to time request. 42 U.S.C. Section 1396 a(a)(27); 42 CFR 431.107(b)(1) & (2).
b. Comply with all disclosure requirements of 42 CFR 1002.3(a) and 42 CFR 455 Subpart (8).
c. Maintain written notices and procedures respecting advance directives in compliance with 42 U.S.C.
Section 1396(a)(57) and (w), 42 CFR 431.107(b)(4}, and 42 CFR 489 subpart I.
d. Certify when submitting any claim for the provision of Medicaid Services that the information
submitted is true, accurate and complete. Contractor shall acknowledge Contractors understanding
that payment of the claim will be from federal and state funds and that any falsification or
concealment of a material fact may be prosecuted under federal and state laws.
e. Entities receiving $5 million or more annually (under this Contract and any other Medicaid
Agreement) for furnishing Medicaid health care items or services shall, as a condition of receiving
such payments, adopt written fraud, waste and abuse policies and procedures and inform
employees, contractors and agents about the policies and procedures in compliance with Section
6032 of the Deficit Reduction Act of 2005,42 U.S.C. § 1396a(a)(68).
13. ADA. Contractor shall comply with Title II of the Americans with Disabilities Act of 1990 (codified at 42
U.S.C. 12131 et. seq.) in the construction, remodeling, maintenance and operation of any structures and
facilities, and in the conduct of all programs, services and training associated with the delivery of
Services.
14. Agency-Based Voter Registration. If applicable, Contractor shall comply with the Agency-based Voter
Registration sections of the National Voter Registration Act of 1993 that require voter registration
opportunities be offered where an individual may apply for or receive an application for public assistance.
Page 4 of 8 -Exhibit 6 to Personal Services Contract No. 2013-291
15. Disclosure.
a. 42 CFR 455.104 requires the State Medicaid agency to obtain the following information from any
contractor of Medicaid or CHIP services, including fiscal agents of providers and managed care
entities: (1) the name and address (including the primary business address, every business location
and P.O. Box address) of any person (individual or corporation) with an ownership or control interest
in the provider, fiscal agent or managed care entity; (2) in the case of an individual, the date of birth
and Social Security Number, or, in the case of a corporation, the tax identification number of the
entity, with an ownership interest in the provider, fiscal agent or managed care entity or of any
subcontractor in which the provider, fiscal agent or managed care entity has a 5% or more interest;
(3) whether the provider, fiscal agent, or managed care entity is related to another person with
ownership or control interest in the provider, fiscal agent or managed care entity as a spouse,
parent, child or sibling; (4) the name of any other provider, fiscal agent or managed care entity in
which an owner of the provider, fiscal agent or managed care entity has an ownership or control
interest; and, (5) the name, address, date of birth and Social Security Number of any managing
employee of the provider, fiscal agent or managed care entity.
b. 42 CFR 455.434 requires as a condition of enrollment as a Medicaid or CHIP provider, to consent to
criminal background checks, including fingerprinting when required to do so under state law, or by
the category of the provider based on risk of fraud, waste and abuse under federal law. As such, a
provider must disclose any person with a 5% or greater direct or indirect ownership interest in the
provider whom has been convicted of a criminal offense related to that person's involvement with the
Medicare, Medicaid, or title XXI program in the last 10 years.
c. OHA reserves the right to take such action required by law, or where OHA has discretion, it deems
appropriate, based on the information received (or the failure to receive) from the provider, fiscal
agent or managed care entity.
16. Special Federal Requirements Applicable to Addiction Services.
a. Women's Services. If Contractor provides A&D 61 or A&D 62 Services, Contractor must:
(1) Treat the family as a unit and admit both women and their children if appropriate.
(2) Provide or arrange for the following services to pregnant women and women with dependent
children:
(a) Primary medical care, including referral for prenatal care;
(b) Pediatric care, including immunizations, for their children;
(c) Gender-specific treatment and other therapeutic interventions, e.g. sexual and physical
abuse counseling, parenting training, and child care.
(d) Therapeutic interventions for children in custody of women in treatment, which address, but
are not limited to, the children's developmental needs and issues of abuse and neglect; and
(e) Appropriate case management services and transportation to ensure that women and their
children have access to the services in (a) through (d) above.
b. Pregnant Women. If Contractor provides any A&D Services other than A&D 70 Services, Contractor
must:
(1) Within the priority categories, if any, set forth in a particular Service Description, give preference
in admission to pregnant women in need of treatment who seek, or are referred for, and would
benefit from, such services;
(2) Perform outreach to inform pregnant women of the availability of treatment services targeted to
them and the fact that pregnant women receive preference in admission to these programs;
Page 5 of 8 -Exhibit 6 to Personal Services Contract No. 2013-291
(3) If Contractor has insufficient capacity to provide treatment services to a pregnant woman, refer
the women to another provider with capacity or if no available treatment capacity can be located,
refer the women to OHA's Addictions and Mental Health Division for referral to another provider
in the state. If capacity cannot be located, AMH will make available interim services within 48
hours, including a referral for prenatal care.
c. Intravenous Drug Abusers. If Contractor provides any A&D Services other than A&D 70 Services,
Contractor must:
(1) Within the priority categories, if any, set forth in a particular Service Description and subject to
the preference for pregnant women described above, give preference in admission to
intravenous drug abusers;
(2) Programs that receive funding under the grant and that treat individuals for intravenous
substance abuse, upon reaching 90 percent of its capacity to admit individuals to the program,
must provide notification of that fact to the State within seven days.
(3) If Contractor receives a request for admission to treatment from an intravenous drug abuser,
Contractor must, unless it succeeds in referring the individual to another provider with treatment
capacity, admit the individual to treatment not later than:
(a) 14 days after the request for admission to Contractor is made; or
(b) 120 days after the date of such request if no provider has the capacity to admit the individual
on the date of such request and, if interim services are made available not less than 48
hours after such request.
(4) For the purposes of (3) above, "Interim Services" means:
(a) Services for reducing the adverse health effects of such abuse, for promoting the health of
the individual, and for reducing the risk of transmission of disease, including counseling and
education about HIV and tuberculosis, the risks of needle sharing, the risks of transmission
of disease to sexual partners and infants, and steps that can be taken to ensure that HIV
and tuberculosis transmission does not occur;
(b) Referral for HIV or TB treatment services, where necessary; and
(c) Referral for prenatal care if appropriate, until the individual is admitted to a provider's
services.
(d) If Contractor treats recent intravenous drug users (those who have injected drugs within the
past year) in more than one-third of its capacity, Contractor shall carry out outreach activities
to encourage individual intravenous drug abusers in need of such treatment to undergo
treatment, and shall document such activities.
d. Infectious Diseases. If Contractor provides any A&D Services other than A&D 70 Services,
Contractor must:
(1) Complete a risk assessment for infectious disease including Human Immunodeficiency Virus
(HIV) and tuberculosis, as well as sexually transmitted diseases, based on protocols established
by OHA, for every individual seeking Services from County; and
(2) Routinely make tuberculosis services available to each individual receiving Services for
alcohol/drug abuse either directly or through other arrangements with public or non-profit entities
and, if Contractor denies individual admission on the basis of lack of capacity, refer the
individual to another provider of tuberculosis Services.
(3) For the purposes of (2) above, "tuberculosis services" means:
Page 6 of 8 -Exhibit 6 to Personal Services Contract No. 2013-291
(a) Counseling the individual with respect to tuberculosis;
(b) Testing to determine whether the individual has contracted such disease and testing to
determine the form of treatment for the disease that is appropriate for the individual; and
(c) Appropriate treatment services.
e. OHA Referrals. If Contractor provides any A&D Services other than A&D 70 services, Contractor
must, within the priority categories, if any, set forth in a particular Service Description and subject to
the preference for pregnant women and intravenous drug users described above, give preference in
A&D service delivery to persons referred by OHA.
f. Barriers to Treatment. Where there is a barrier to delivery of an A&D Service due to culture, gender,
language, illiteracy, or disability, Contractor shall develop support services available to address or
overcome the barrier, including:
(1) Providing. if needed. hearing impaired or foreign language interpreters.
(2) Providing translation of written materials to appropriate language or method of communication.
(3) Providing devices that assist in minimizing the impact of the barrier.
(4) Not charging clients for the costs of measures, such as interpreters, that are required to provide
nondiscriminatory treatment.
g. Misrepresentation. Contractor shall not knowingly or willfully make or cause to be made any false
statement or representation of a material fact in connection with the furnishing of items or Services
for which payments may be made of OHA.
h. Oregon Residency. A&D Services funded through this Contract may only be provided to residents of
Oregon. Residents of Oregon are individuals who live in Oregon. There is no minimum amount of
time an individual must live in Oregon to qualify as a resident so long as the individual intends to
remain in Oregon. A child's residence is not dependent on the residence of his or her parents. A
child living in Oregon may meet the residency requirement if the caretaker relative with whom the
child is living is an Oregon resident.
i. Tobacco Use. If Contractor has A&D Services treatment capacity that has been deSignated for
children. adolescents, pregnant women, and women with dependent children, Contractor must
implement a policy to eliminate smoking and other use of tobacco at the facilities where the Services
are delivered on the grounds of such facilities.
j. Client Authorization. Contractor must comply with 42 CFR Part 2 when delivering an Addiction
Service that includes disclosure of Client information for purposes of eligibility determination.
Contractor must obtain Client authorization for disclosure of billing information, to the extent and in
the manner required by 42 CFR Part 2, before a Disbursement Claim is submitted with respect to
delivery of an Addiction Service to that individual.
17. Community Mental Health Block Grant. All funds. if any, awarded under this Contract for MHS 20,
MHS 22, MHS 37 or MHS 38 Services are subject to the federal use restrictions and requirements set
forth in Catalog of Federal Domestic Assistance Number 93.958 and to the federal statutory and
regulatory restrictions imposed by or pursuant to the Community Mental Health Block Grant portion of
the Public Health Services Act, 42 U.S.C. 300x-1 et. seq., and Contractor shall comply with those
restrictions.
Page 7 of 8 -Exhibit 6 to Personal Services Contract No. 2013-291
18. Substance Abuse Prevention and Treatment. To the extent Contractor provides any Service whose
costs are paid in whole or in part by the Substance Abuse, Prevention, and Treatment Block Grant,
Contractor shall comply with federal rules and statutes pertaining to the Substance Abuse, Prevention,
and Treatment Block Grant, including the reporting provisions of the Public Health Services Act (42
U.S.C. 300x through 300x-66). Regardless of funding source, to the extent Contractor provides any
substance abuse prevention or treatment services, Contractor shall comply with the confidentiality
requirements of 42 CFR Part 2.
"Contractor Sig Date { ( .
Page 8 of 8 -Exhibit 6 to Personal Services Contract No. 2013-291
Exhibit 7'
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2013-291
CONFIDENTIALITY AGREEMENT
County will make available and/or transfer to Contractor certain Information, in conjunction with goods or
services that are being provided by Contractor to County that is confidential and must be afforded special
treatment and protection.
Contractor will have access to and/or receive from County certain Information that can be used or disclosed only
in accordance with this Agreement and the HHS Privacy Regulations.
To the extent required by 42 U.S.C. 1171 et seq. enacted by the Health Insurance Portability and Accountability
Act of 1996 and regulations promulgated thereunder, Contractor assures County that Contractor will
appropriately safeguard protected health information made available to or obtained by Contractor.
Contractor further agrees to comply with applicable laws relating to protected health information and with respect
to any task or other activity Contractor performs on behalf of County, to the extent County would be required to
comply with such requirements.
For purposes of this Agreement, the following terms shall apply:
A. Contractor shall be considered a Contractor;
B. County shall be considered a COVERED ENlITY;
C. HHS Privacy Regulations shall mean the Code of Federal Regulations (C.F.R.) at Title 45, Sections
160 and 164;
D. Individual shall mean the person who is the subject of the Information, and has the same meaning
as the term 'individual' is defined by 45 C.F.R. 164.501; and
E. Secretary shall mean the Secretary of the Department of Health and Human Services (HHS) and
any other officer or employee of HHS to whom the authority involved has been delegated;
F. Information shall mean any health information provided and/or made available by County to
Contractor, and has the same meaning as the term 'health information' as defined by 45 C.F.R.
160.102.
Contractor agrees it shall:
1. Not use or further disclose such information other than as permitted or required by this Agreement.
Contractor shall not, except as necessary for the proper management, administration and performance
of its duties under this Agreement, use, reproduce, disclose, or provide to third parties, any confidential
document or information relating to the County, its members or to Individuals seeking services from
County or its members without the prior written consent or authorization of the County or of the
Individual. If Contractor uses such information for the purposes set forth above, it will only do so if the
disclosure is required by law or Contractor obtains reasonable assurances from the person to whom the
information is disclosed that it will be held confidentially and used or further disclosed only as required by
law or for the purpose for which Contractor disclosed it to the person. Contractor shall ensure that its
personnel, employees, affiliates and agents maintain the confidentiality of patient health information and
business information of County.
2. Not use or further disclose the information in a manner that would violate the requirements of applicable
law, if done by County;
Page 1 of 2 -Exhibit 7 to Personal Services Contract No. 2013-291
3. Use appropriate safeguards to prevent use or disclosure of such information other than as provided for
by this Agreement;
4. Report to County any use or disclosure of such information not provided for by this Agreement of which
Contractor becomes aware;
5. Ensure that any subcontractors or agents to whom Contractor provides protected health information
received from County agree to the same restrictions and conditions that apply to Contractor with respect
to such information;
6. Make available protected health information in accordance with applicable law, i.e., the Code of Federal
Regulations (C.F.R.) at Title 45, Sections 160 and 164;
7. Maintain standard records, pursuant to this Agreement, and to provide such records and other
necessary information to the County as may be requested in writing and as permitted by law. Contractor
agrees that all records kept in connection with this agreement are subject to review and audit by the
County upon reasonable notice of a minimum of 14 work days from the date of written request by the
County.
8. Make Contractor's internal practices, books, and records relating to the use and disclosure of
protected health information received from County available to the Secretary of the United States
Health & Human Services for purposes of determining County's compliance with applicable law
(in all events, Contractor shall immediately notify County upon receipt by Contractor of any such
request, and shall provide County with copies of any such materials);
9. Upon termination of this Agreement, Contractor shall promptly return all protected health
information received from County. If the return of protected health information is not feasible,
Contractor shall continue the protections required under this contract to the protected health
information consistent with the reqUirements of this Attachment and the HIPAA privacy
standards.
Contractor:
DateJ/fIt 3
Page 2 of 2 -Exhibit 7 to Personal Services Contract No. 2013-291
Exhibit 8
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2013-291
REQUIRED PROVIDER CONTRACT PROVISIONS
Oregon Health Authority Exhibit I of 2013-2015 Intergovernmental Agreement
1. Expenditure of Funds. Contractor may expend the funds paid to Contractor under this Contract solely
on the delivery of services as described in Exhibit 1 of this Contract ("Services"), subject to the following
limitations (in addition to any other restrictions or limitations imposed by this Contract):
a. Contractor may not expend on the delivery of Services any funds paid to Contractor under this
Contract in excess of the amount reasonable and necessary to provide quality delivery of Services.
b. If this Contract requires Contractor to deliver more than one service, Contractor may not expend
funds paid to Contractor under this Contract for a particular service on the delivery of any other
service.
c. If this Contract requires Contractor to deliver alcohol, drug abuse and addiction services, Contractor
may not use the funds paid to Contractor under this Contract for such services:
(1 ) To provide inpatient hospital services;
(2) To make cash payments to intended recipients of health services;
(3) To purchase or improve land. to purchase. construct or permanently improve (other than minor
remodeling) any building or other facility or to purchase major medical equipment;
(4) To satisfy any requirement for expenditure of non-federal funds as a condition for receipt of
federal funds (whether the federal funds are received under this Contract or otherwise);
(5) With respect to federal Substance Abuse Prevention and Treatment Block Grant moneys only. to
purchase services from any person or entity other than a public or non-profit entity; or
(6) To carry out any program prohibited by section 24S(b) of the Health Omnibus Programs
Extension Act of 1988 (codified at 42 U.S.C. 300ee(5).
d. Contractor may expend funds paid to Contractor under this Contact only in accordance with federal
OMS Circular A-87 as that circular is applicable on allowable costs.
2. Records Maintenance, Access and Confidentiality.
a. Access to Records and Facilities. County, the Oregon Health Authority. the Secretary of State's
Office of the State of Oregon, the Federal Government, and their duly authorized representatives
shall have access to the books, documents, papers and records of Contractor that are directly
related to this Contract, the funds paid to Contractor hereunder. or any services delivered hereunder
for the purpose of making audits, examinations, excerpts, copies and transcriptions. In addition.
Contractor shall permit authorized representatives of County and the Oregon Health Authority to
perform site reviews of all services delivered by Contractor hereunder.
b. Retention of Records. Contractor shall retain and keep accessible all books. documents. papers,
and records, that are directly related to this Contract, the funds paid to Contractor hereunder or to
any services delivered hereunder, for a minimum of six (6) years. or such longer period as may be
required by other provisions of this Contract or applicable law, following the termination or expiration
of this Contract. If there are unresolved audit or other questions at the end of the six-year period,
Contractor shall retain the records until the questions are resolved.
Page 1 of 4 -Exhibit 8 to Personal Services Contract No. 2013-291
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c. Expenditure Records. Contractor shall document the expenditure of all funds paid to Contractor
under this Contract. Unless applicable federal law requires Contractor to utilize a different
Accounting system, Contractor shall create and maintain all expenditure records in accordance with
generally accepted accounting principles and in sufficient detail to permit County and the Oregon
Health Authority to verify how the funds paid to Contractor under this Contract were expended.
d. Individual Records. Unless otherwise specified in this Contract, Contractor shall create and
maintain an Individual record for each Individual who receives services under this Contract. The
Individual record must contain:
(1) Individual identification;
(2) Problem assessment;
(3) Services and supports, training and/or care plan;
(4) Medical information when appropriate; and
(5) Service notes including service conclusion summary and current assessment or evaluation
instrument as designated by the Oregon Health Authority in administrative rules. Contractor
shall retain Individual records in accordance with OAR 166-150-0005 through 166-150-0215
(State Archivist). Unless OAR 166-150-0005 through 166-150-0215 requires a longer retention
period, I ndividual records must be retained for a minimum of ten (10) years from termination or
expiration of this Contract.
e. Safeguarding of Individual Information. Contractor shall maintain the confidentiality of Individual
records as required by applicable state and federal law, including without limitation, ORS 179.495 to
179.507,45 CFR Part 205,42 CFR Part 2, any administrative rule adopted by the Oregon Health
Authority, implementing the foregoing laws, and any written poliCies made available to Contractor by
County or by the Oregon Health Authority. Contractor shall create and maintain written policies and
procedures related to the disclosure of Individual information, and shall make such policies and
procedures available to County and the Oregon Health Authority for review and inspection as reasonably
requested by County or the Oregon Health Authority.
f. Data Reporting.
All individuals receiving services with funds provided under this Contract must enroll and maintain that
client's record in either:
(1) The Client Processing Monitoring System (CPMS) as specific in OHA's CPMS manual located at:
http://www.oregon.gov/OHNamh/training/cpms/index.shtml.asit may be revised from time to time;
or
(2) The Measures and Outcome Tracking System (MOTS) as specified in OHA's MOTS manual located
at: http://www.oregon.gov/ohalamh/pages/compass/electronic-data-capture.aspx, as may be revised
from time to time.
Over the next two years AMH will be clOSing the CPMS system and replacing it with the MOTS system.
Providers will be notified of the change.
3. Alternative Formats of Written Materials. In connection with the delivery of Services, Contractor shall:
a. Make available to an Individual, without charge to the Individual, upon the Individual's, the County's
or the Oregon Health Authority's request. any and all written materials in alternate, if appropriate,
formats as required by the Oregon Health Authority's administrative rules or by the Oregon Health
Authority's written policies made available to Contractor.
b. Make available to an Individual, without charge to the Individual, upon the Individual's, County's or
the Oregon Health Authority's request, any and all written materials in the prevalent non-EngliSh
languages in the area served by Contractor.
Page 2 of 4 -Exhibit 8 to Personal Services Contract No. 2013-291
c. Make available to an Individual, without charge to the Individual, upon the Individual's, County's or
the Oregon Health Authority's request, oral interpretation services in all non-English languages in the
area served by Contractor.
d. Make available to an Individual with hearing impairments, without charge to the Individual, upon the
Individual's, County's or the Oregon Health Authority's request, sign language interpretation services
and telephone communications access services. For purposes of the foregoing, "written materials"
includes, without limitation, all written materials created or delivered in connection with the services
and all subcontractor contracts related to this Contract.
4. Reporting Requirements. Contractor shall prepare and furnish the following information to County and
the Oregon Health Authority when a service is delivered under this Contract:
a. Individual, service and financial information as specified in the applicable service description
attached hereto and incorporated herein by this reference.
b. All additional information and reports that County or the Oregon Health Authority reasonably
requests, including, but not limited to, the information or disclosures described in Exhibit 6, Required
Federal Terms and Conditions, Section 15, Disclosure ..
5. Compliance with Law. Contractor shall comply with all state and local laws, regulations, executive
orders and ordinances applicable to the Contract or to the delivery of services hereunder. Without
limiting the generality of the foregoing, Contractor expressly agrees to comply with the following laws,
regulations and executive orders to the extent they are applicable to the Contract:
(a) all applicable requirements of state civil rights and rehabilitation statutes, rules and regulations;
(b) all state laws governing operation of community mental health programs, including without limitation,
all administrative rules adopted by the Oregon Health Authority related to community mental health
programs;
(c) all state laws requiring reporting of Individual abuse; (d) ORS 659A.400 to 659A.409, ORS 659A.145
and all regulations and administrative rules established pursuant to those laws in the construction,
remodeling, maintenance and operation of any structures and facilities, and in the conduct of all
programs, services and training associated with the delivery of services under this Contract. These
laws, regulations and executive orders are incorporated by reference herein to the extent that they
are applicable to the Contract and required by law to be so incorporated. All employers, including
Contractor, that employ subject workers who provide services in the State of Oregon shall comply
with ORS 656.017 and provide the required Workers' Compensation coverage, unless such
employers are exempt under ORS 656.126. In addition, Contractor shall comply, as if it were County
thereunder, with the federal requirements set forth in Exhibit H to the certain 2013-2015
Intergovernmental Agreement for the Financing of Community Addictions and Mental Health
Services between County and the Oregon Health Authority dated as of July 1, 2013, which Exhibit is
incorporated herein by this reference. For purposes of this Contract, all references in this Contract to
federal and state laws are references to federal and state laws as they may be amended from time
to time.
6. Unless Contractor is a State of Oregon governmental agency, Contractor agrees that it is an
independent contractor and not an agent of the State of Oregon, the Oregon Health Authority or County
7. To the fullest extent permitted by applicable law, Contractor shall defend (in the case of the state of
Oregon and the Oregon Health Authority, subject to ORS Chapter 180), save and hold harmless the
State of Oregon, the Oregon Health Authority. County, and their officers. employees, and agents from
and against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature
whatsoever resulting from, ariSing out of or relating to the operations of the Contractor, including but not
limited to the activities of Contractor or its officers, employees, subcontractors or agents under this
Contract.
Page 3 of 4 -Exhibit 8 to Personal Services Contract No. 2013-291
8. Contractor understands that Contractor may be prosecuted under applicable federal and state criminal
and civil laws for submitting false claims, concealing material facts, misrepresentation , falsifying data
system input, other acts of misrepresentation, or conspiracy to engage therein .
9. Contractor shall only conduct transactions that are authorized by the County for transactions with the
Oregon Health Authority that involve County funds directly related to this Contract.
10. Contractor(s) that are not units of local government as defined in ORS 190 .003 shall obtain, at
Contractor's expense, and maintain in effect with respect to all occurrences taking place during the term
of the Contract, insurance requirements as specified in Exhibit 2 of this Contract.
11 Contractor(s) that are not units of local government as defined in ORS 190.003, shall indemnify, defend,
save and hold harmless the State of Oregon and its officers, employees and agents ("Indemnitee") from
and against any and all claims , actions, liabilities, damages, losses, or expenses (including attorneys'
fees) arising from a tort (as now or hereafter defined in ORS 30 .260) caused, or alleged to be caused, in
whole or in part, by the negligent or willful acts or omissions of Provider or any of the officers, agents,
employees or subcontractors of the contractor( "Claims"). It is the specific intention of the parties that the
Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or
omissions of the Indemnitee, be indemnified by the Contractor from and against any and all Claims.
12. Contractor shall include sections 1 through 11, in substantially the form set forth above, in all permitted
Contractor contracts under this Contract.
Date 1l1b-s;gnature:e J bk--TitleO · a;--d~
Contractor: L.-./ ~ ~
Page 4 of 4 -Exhibit 8 to Personal Services Contract No. 2013-291
'ACORDThiCERTIFICATE OF LIABILITY INSURANCE Date 112212013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Producer ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOlDER. THIS CERTIACATE DOES NOT AMEND EXTEND OR
AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
U:8. Risk Insurance Group COMPANIES AFFORDING COVERAGE
8401 North Central Expressway. Suite 1000 COMPANYiDaUas. T.X 75225 A Underwrtiers stLloyd's, London
INSURED COMPANY
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COMPANY ~feifer and Associates, Inc. . c
123 NW. Greenwood Avenue COWPANY
Bend, OR 97701 D
Coverages
THIS IS TO OERTIFY THAT THE POLICIES OF INSURANCEUSTED BELOW HAVE BEEN ISS\JED TO THE INSURED NAMED ABOVE FOR THE POLICY PERDD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITlON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH nils
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 8Y THE POLICIES oeSCRI8EO HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ctAlMS.
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EXPIRATION DATE THEReoF, i1iE ISSUING COMPANY WILL ENDEAVOR TO MAIL
Deschutes County, lis Officers, Agems., Employees arid : ~DAYs 't"iFtlTlEN NonCE TO THE CERTIFICATE HDI.DER NAMED TO THE LE".
Volunteers BUT FAilURE TO MArL SUCH NOTICE SHALL IMPOSE NO OSI.II3ATlON OR LIABIUTY
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CERTIFICATE DOES NOT AFARMATIVELY OR NEGATIvelY AMEND. EXTEND·OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONS~A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
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IMPORTANT: If the certificate holder Is an ADDmoNAL INSURED. the pollcy(les) muSt be ·endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain polldes may require an el'ldorseJlljtnl Astal8ment on this certIflcate doe$ not confer rights to the
ees1iflcate holder In lieu of auch endorsement(s,.·
PROOIICER
The Robson Insurance Agency
644 NE Greenwood Ave. #1
Bend
IMSIlRED
OR 97701
Pfeifer and Associates. Inc.
23 NW Greenwood Ave
Bend OR 97701
COVERAGES CERTIFICATE NUMBER'
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I =~I Sarah ShoresR!!xll' 541-382-9111 -1l:Ca Nol: 541-383-8949
a10@gmaH.com
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INDICATEO. NOTWITHSTANDING ANY REQUIREMENT, T~OR CONDITION OF Ai:fY CQNTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
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~ TYPEOFINSURAHCE IINSR LWYD POLICY NUMIilER . _~NIl'_ UIIIInI:::fiRAL IJABILITY ..' . EACH OCCURAENCE S 2,000,000 .
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$
~~SJN6L!;:LlI\IIT IS
BODIL.Y INJURY (Per petIIOIl) S
035059841 06/11/2013 0611112014 BODILY INJURY {l'er KddenI) $
~~ $
$
EACH OCCURRENCEUM8RELI.A LIAS HOCCUR
r-EXCESS LIAS ClAIMs.fMDE $
DEll I I RETl!N11OtI S $
WORKERS COMPENSAlIOH
AND EMPLOYERS' UABII.I1Y YIN
~~~~~~EClJTTVE 0 NIA
(MandMot'Y In NH)
~~1W~TlONS_
E.L. EACH ACCIOEtIT $
E.l. DISEASE -EA Ef,jp\.ova $I~ E.L. DISEASE -POLICY UMIT $
DeSCRIPTION OF OPERATIONS I LOCAllONS IVEHlCLES (AIlllchACORO 1111, Addltl ....1Romarlol SMtdu!e.IfIll.... s",," Is ttqUIred)
164 NE Groonwood Ave Bend. OR 9n01. 16440 Finley Butte Rd. La Pine. OR 97739. 23 NW Greenwood Ave, Bend. OR Sn01,
544 SW 4th St, Redmond, OR 97756
DeschutEl$ County, Its Officers. Agents.. Employefi. and Volu~r$are Additional Insureds.
CERTIFICATE HOLDER CANCELlATION
2,000,000
2,000,000
OEl$chutes County
63360 Britta St
Bend OR 9n01
I
ACORD 25 (2010105)
SHOULD ANY OF THE ABOVE DESCRIBe) POLICIES BE CANCB.LED BEFORE
THE EXPIRAnON DATE THEREOF. NOTICE WIlL 8E DEUVERED IN
ACCORDANCE WITH THE POLICY PROVlSlONS_
AtITI\ORllEI) REPRElIEt«ATlVI! "
~~~h C\r{<)
® 1988-2010 ACORD CORPORATION. All nghts reaerved.
The ACORD name and logo are reglsU!ted marks of ACORD
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POLICY NUMBER: 03505-98-41 BUSINESSOWNERS
THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -DESIGNATED PERSON
OR ORGANIZATION
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS POLICY
SCHEDULE* INama Of Person Or Organization:
DESCHUTES COUNTY
fSEE E0002
• Information required to complete this Schedule. if nor shown on this endorsement, wlll be shown in the
Declarations.
The following is added to Paragraph C. Who Is An
Insured in the Buslnessowners LiabiUty Coverage
Form:
4. Any person or organization shown In the Sched
ule is also an Insured. but only with respect to .
liability arising out of your ongoing operations
or premises owned by or rented to you.
BP04 48 0197 Copyright, Insurance Services Qffice, Inc., 1997 Page 1 of 1 0
_ ........... _ 1_"' • .-----, ....-. -.-...-•••-.--••_, .... _...._-. _..._ ..... _... -~.--•• __•__..... _......
ENDORSEMENT
03505-98-41
Policy Number
of the Company designated
In the Declarations
ADDI~IOHAL INSURED -BP04480197
DESIGNATED PERSON OR ORGANIZATION
DESCHUTES COUNTY
ITS OFFICERS, AGENTS, EMPLOYEE
ANn VOLUNTEERS
This endorsement Is part of your policy, It super!'ledes and controls anything to the contrary. It Is otherwIse subject
to all 'other terms of the policy.
COUNTERSIGNE~<4'"""\
(Date)
• t
"!UNTED IN U,$.A.~IE 0C0l) 1ST EOITION ,.as f,
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