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HomeMy WebLinkAboutDoc 135 - OHA Beh - Public Health AmendDeschutes 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 April 28, 2014 DATE: April 19, 2014 FROM: Nancy Mooney, Contract Specialist, Deschutes County Health Services, 322-7516 TITLE OF AGENDA ITEM: Consideration of Board Signature of Document #2014-135, Amendment #9 to the Intergovernmental Financial Agreement Award #141408 between Deschutes County Health Services, Behavioral Health Division and the Oregon Health Authority for the financing of Community Addictions and Mental Health Services for year 2013­ 2015. PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: Deschutes County Health Services (DCHS) provides or coordinates the provision of mental health and developmental disability treatment services to individuals; services may include alcohol and drug treatment, problem gambling prevention treatment services, transportation services, housing services and the provision of peer resources. The intergovernmental agreement between the Oregon Health Authority (OHA) and DCHS provides the financing for mental health and addiction services and sets forth the guidelines for DCHS to provide or coordinate provision of mental health services to individuals. Amendment #6 modifies funds to match the Governor's 2013-2015 budget. The General Funds are to be extended through June 30, 2014 using the same rate methodology that is currently applied. Payment of funds is subject to Legislative approval of the Oregon Health Authority's 2013-2015 budget. Amendment #9 modifies funding for the following service elements: 1. Service Element #37, Mental Health Services Special Projects -$592,194. These funds are awarded for the special project described in Exhibit MHS 37 -Mental Health Supported Housing and Rental Assistance services to MHS 37 Service Description. The expenditure of financial assistance awarded for this special project must result in rental assistance not to exceed $500 per month, per client and a one-time move-in expense not to exceed $1,000 per client for thirty (30) unduplicated clients. 2. Language Modification: Add Exhibit MHS 37-Mental health Supported Housing and rental Assistance Services to Service Description MHS 37 -Special Projects. Modify/update Paragraph 16, "Purchase and Disposition of Equipment", of Exhibit F, "General Terms and Conditions." 3. Mental Health Services (MHS) Flexible Funding - -Promotion, prevention, early identification and intervention of conditions that lead to mental health, substance use and addiction disorders represent the array of interventions supported by MHS Flexible Funding. This focus will lead to improved outcomes and enhanced healthcare experiences for individuals as well as reduce overall expenditures. Deschutes County will have the flexibility to allocate the funds to meet community needs and statutory requirements. Changes/Additions to the MHS Flex Funds award is listed below. i. $200,000. These funds are awarded for Mental Health Prevention and Promotion Services. Deschutes County will provide behavioral health promotion and prevention which is distinct from treatment. Promotion and prevention is focused on changing common influences on the development of individuals across their lifespan, reducing risk factors and increasing protective factors. ii. $341,792.70. These funds are awarded to Crisis services. These funds are for the provision of mobile crisis services. Mobile crisis services are delivered in a person's home, a public setting, in a school, in a residential program or in a hospital to enhance community integration. FISCAL IMPLICATIONS: Funding is modification is estimated to be $1,133,986.70. RECOMMENDATION & ACTION REQUESTED: Approval and signature of Document #2014-135, Amendment #9 to Intergovernmental Financial Agreement Award #141408 between Deschutes County Health Services, Behavioral Health and the Oregon Health Authority is requested. ATTENDANCE: Lori Hill, Adult Treatment Program Manager Jessica Jacks, Substance Abuse Prevention Program DISTRIBUTION OF DOCUMENTS: Fax or E-mail the signature page and completed, signed "Document Return Statement" and the signature page to Tami Goertzen; tamLj.goertzen@state.or.us or (503) 373-7365, fully executed copy to Nancy Mooney. DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This fonn 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 Fonn is also required. If this fonn 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 fonn electronically to the Board Secretary.) Please complete all sections above the Official Review line. Date: : March 26,2014 Department: Health Services, Behavioral Health Ii Contractor/Supplier/Consultant Name:: Oregon Health Authority Contractor Contact: I Tami Goertzen I Contractor Phone #: I 503-373-7365 Type of Document: Amendment #9 to #141408 Goods and/or Services: Amendment #9 modifies funding and language changes in Exhibit F, "General Terms and Conditions" of the original contract and adds funding for the Supported Housing Rental Assistance Program, Mental Health Prevention and Promotion services and Crisis services. Background & History: Deschutes County Health Services (DCHS) provides or coordinates the provision of mental health and developmental disability treatment services to individuals; services may include alcohol and drug treatment, problem gambling prevention treatment services, transportation services, housing services and the provision of peer resources. The intergovernmental agreement between the Oregon Health Authority (OHA) and DCHS provides the financing for mental health and addiction services and sets forth the guidelines for DCHS to provide or coordinate provision of mental health services to individuals. Amendment #9 modifies funding for the following service elements: 1. Service Element #37. Mental Health Services Special Projects -$592,194. These funds are awarded for the special project described in Exhibit MHS 37 -Mental Health Supported Housing and rental Assistance services to MHS 37 Service Description. The expenditure of financial assistance awarded for this special project must result in rental assistance not to exceed $500 per month, per client and a one-time move-in expense not to exceed $1,000 per client for thirty (30) unduplicated clients. 2. Language Modification: Add Exhibit MHS 37-Mental health Supported Housing and rental Assistance Services to Service Description MHS 37-Special Projects. Modify/update Paragraph 16, "Purchase and Disposition of Equipment", of Exhibit F, "General Terms and Conditions." Mental Health Services (MHS) Flexible Funding - -Promotion, prevention, early identification and intervention of conditions that lead to mental health, substance use and addiction disorders represent the array of interventions supported by MHS Flexible Funding. This focus will lead to improved outcomes and enhanced healthcare experiences for individuals as well as reduce overall expenditures. Deschutes County will have the flexibility to allocate the funds to meet community needs and statutory requirements. MHS Flex Funds awards are listed below. 3/26/2014 1. Service Element #37, Mental Health Services Flexible Funding -$200,000. These funds are awarded for Mental Health Prevention and Promotion services. Deschutes County will provide behavioral health promotion and prevention which is distinct from treatment. Promotion and prevention is focused on changing common influences on the development of individuals across their lifespan, reducing risk factors and increasing protective factors. 2. Service Element #37, Mental Health Services Flexible Funding -$341,792.70. These funds are awarded to Crisis services. These funds are for the provision of mobile crisis services. Mobile crisis services are delivered in a person's home, a public setting, in a school, in a residential program or in a hospital to enhance community integration. Agreement Starting Date: 1 July 01, 2013 I Ending Date: Qune 30, 2015 1 Annual Value: I Amendment #9 modifies funding by $1,133,986.70.1 Check all that apply: o RFP, Solicitation or Bid Process o Informal quotes «$150K) (gI Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37) Funding Source: (Included in current budget? Yes (gI No If No, has budget amendment been submitted? 0 Yes rgj No Is this a Grant Agreement providing revenue to the County? 0 Yes rgj 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: 0 Yes 0 No Contact information for the person responsible for grant compliance: Name: 0 Phone#:D Departmental Contact and Title: 1 Nancy Mooney, Contract Specialist 1 Phone #: I 541-322-7516 1 Deputy Director Approval: Date Department Director Approval: Date 3/26/2014 Distribution of Document: Fax or E-mail the signature page and completed, signed "Document Return Statement" and the signature page to Tami Goertzen; tami.j.goertzen@state.or.us or (503) 373-7365, fully executed copy to Nancy Mooney. Official Review: County Signature Required (check one): 00 SOCC 0 Department Director (if <$25K) o Administrator (if >$25K but <$150K; if >$150K, SOCC Order No. ____-') Legal Review ~a"= 2.l!iJ) Document Number: =20::::..1.:...4.:...-~13=.;:5~____ I I I \ ~ Date 1-1-tl 3/26/2014 I ADMINISTRATIVE SERVICES DIVISION)rQti~rtm'"t ][egalth of Human Services Office of Contracts and Procurement Authority John A. Kitzhaber. MD, Governor 250 Winter St NE, Room 306 Salem, OR 97301 Voice: (503) 945-5818 FAX: (503) 378-4324 DOCUMENT RETURN STATEMENT Re: Amendment #09 -Revised to Agreement #141408 hereinafter referred to as "Document." Please complete the following statement and return it along with the completed signature page and the Contractor Data and Certification page and/or Contractor Tax Identification Information form (if applicable). Important: If you have any questions or find errors in the above referenced Document, please contact the contract specialist, April D. Barrett at (503) 945-5821. (Name) (Title) received a copy of the above referenced Document, between the State of Oregon, acting by and through its Oregon Health Authority, and Deschutes County, bye-mail from Tami Goertzen on February 14, 2015. On _________, I signed the electronically transmitted Document without (Date) change. I am returning the completed signature page and Contractor Data and Certification page and/or Contractor Tax Identification Information form (if applicable) with this Document Return Statement. (Authorizing Signature) (Date) ADMINISTRATIVE SERVICES DIVISION Office of Contracts and Procurement John A. Kitzhaber, MD, Governor 250 Winter St NE, Room 306 Salem, OR 97301 Voice: (503) 945-5818 In compliance with the Americans with Disabilities Act, this FAX: (503) 378-4324 document is available in alternate fOlmats such as Braille, large print, audio recordings, Web-based communications and other electronic fonnats. To request an alternate f01mat, please send an e-mail to dhs-oha.publicatiomequest@state.or.us or call 503-378-3486 (voice) or 503­ 378-3523 (TTY) to arrange for the alternative format. NINTH AMENDMENT TO OREGON HEALTH AUTHORITY 2013..2015 INTERGOVERNMENTAL AGREEMENT FOR THE FINANCING OF COMMUNITY ADDICTIONS AND MENTAL HEALTH SERVICES AGREEMENT #141408 .. This Ninth Amendment to Oregon Health Authority 2013-2015 Intergovernmental Agreement for the Financing of Community Addictions and Mental Health Servkes dated as Of July 1,20 13(as amended, the "Agreement"), is entered into, as of the date ofthe last signature hereto, by and between the State of Oregon acting by and through its Oregon Health Authority ("OHA") and Deschutes County ("County"). RECITALS WHEREAS, OHA and County wish to modify the Financial Assistance Award set f0l1h in Exhibit D-l, modify the OWITS Financial Assistance Award set forth in Exhibit D-2, modify the Exhibit for MHS37-Flexible Funding, add Exhibit MHS 37-Mental Health Supported Housing and Rental Assistance Services to Service DescriptionMHS 37-Special Projects, and update section 16., "Purchase and Disposition of Equipment" of Exhibit F, "General Terms and Conditions". . . . . . NOW, THEREFORE, in consideration of the premises, covenants and agreements contained herein and other good and valuable consideration the receipt and snfficiency of which is hereby acknowledged, the pal1ies hereto agree as follows: AGREEMENT 1. The financial and service information in the Financial Assistance Award are hereby amended as described in Exhibit 1 attached hereto and incorporated herein by this reference. Exhibit 1 must be read in conjunction with the portion of Exhibit D-l of the Agreement that describes the effect of an amendment ofthe financial and service information. -li t Uld! LEGAL COUNSE L DC -20 4-1 2. The financial and service infOimation in the OWITS Financial Assistance are hereby amended as described in Exhibit 2 attached hereto and incorporated herein by this reference. Exhibit 2 must be read in conjunction with the portion of Exhibit D-2 of the Agreement that describes the effect of an amendment of the financial and service information. 3. Exhibit MHS 37-Flexible Funding, is hereby amended to read in its entirety as set forth in Exhibit 3 attached hereto and incorporated herein by this reference. 4. The Service Description for MHS 37 in Exhibit B of the Agreement is hereby anlended to add Exhibit MHS 37-Mental Health Supported Housing and Rental Assistance Services, in the form attached hereto and incorporated herein by this reference. 5. Exhibit F. "General Terms and Conditions", is hereby amended to read in its entirety as set f011h in Exhibit 5 attached hereto and incorporated herein by this reference. 6. Capitalized words and phrases used but not defined herein shall have the meanings ascribed thereto in the Agreement. 7. County represents and walTants to OHA that the representations and warranties of County set fOlih in section 4 of Exhibit G of the Agreement are true and correct on the date hereof with the same effect as ifmade on the date hereof. 8. Except as amended hereby, all terms and conditions of the Agreement remain in full force and effect. 9. This Amendment may be executed in any number of counterparts, all of which when taken together shall constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Each copy of this Amendment so executed shall constitute an original. IN WITNESS WHEREOF, the parties hereto have executed this amendment as of the dates set forth below their respective signatures. Deschutes County By: Tammy Baney, Chair Deschutes County Board of Commissioners Authorized Signature Tine Date State of Oregon acting by and through its Ol'egon Health Authol'ity . By: Authorized Signature Title Date Document date: 03119/2014 Amendment # 09 -Revised Page 2 Reference # 008 I ! I I Exhibit 1 to the 9th Amendment to Oregon Health Authority 2013~2015 Intergovernmental Agreement fot' the I t Financing of Community Addictions and Mental Health Services Agreement #141408 Document date: 0311912014 Amendment # 09 -Revised Page 3 Reference # 008 OREGON HEALTH AUTHORITY Financial Assistance Award Amendment 2013-2015 (FAAA) CONTRACTOR: DESCHUTES COUNTY DATE: 02/14/2014 Contract#: Reference#: 141408 008 MENTAL HEALTH SERVICES SECTION: 1 SERVICE REQUIREMENTS MEET EXHIBIT B AND, IF INDICATED, EXHIBIT B-2 Part start/End Dates Client Code Approved Service Funds Approved Start-up Servo units Unit Type EXHIB B2 Codes Spec Cond# f SEn 37 MHS SPECIAL PROJECTS A 7/2014-6/2015 N/A $59,219 $0 O. NA N/A---_ M01l9 2 IC 1/2014-6/2014 N/A $532,975 $0 O. NA N/A MOll 9 1 t SUBTOTAL SEn 37 $592,194 $0 TOTAL SECTION 1 $592,194 $0 TOTAL AUTHORIZED FOR MENTAL HEALTH SERVICES $592,194 TOTAL AUTHORIZED FOR THIS FAAA: $592,194 - OREGON HEALTH AUTHORITY Financial Assistance Award Amendment (FAAA) CONTRACTOR: DESCHUTES COUNTY Contract#: 141408 DATE: 02/14/2014 REF#: 008 REASON FOR FAAA (for information only): The funds subject to this amendment are a result of Package 810 of the Legislative Fiscal Office Analyst Adjustment -Invest in Capacity in Community Mental Health. The following special condition(s) apply to funds as indicated 'by the special condition number in column 9. Each special condition set forth below may be qualified by a full description in the Financial Assistance Award. M01l9 1 A) These funds are awarded for the special project described in Exhibit MHS 37 -Mental Health Supported Housing and Rental Assistance Services to MHS 37 Service Description. B) The expenditure of financial assistance awarded for this special project must result in rental assistance not to exceed $500 per month, per client and a one-time move-in expense not to exceed $1,000 per client for 30 unduplicated clients. C) The financial assistance subject to this special condition will be disbursed to­ County in one lump sum after the later of the date of the Agreement or the date of the amendment that awards the financial assistance. M01l9 2 These funds are awarded for the special project described in Exhibit MHS 37 -Mental Health Supported Housing and Rental Assistance Services to MHS 37 Service Description. ! f I OREGON HEALTH AUTHORITY Financial Assistance Award Amendment (FAAA) FAAA Totals Part A 2013-2015 ********************* INFORMATION ONLY ********************* C01-<"'TRACTOR: DESCHUTES COUNTY CONTRACT#: ~41408 DATE: 02/14/2014 REF#: 008 CURRENT CURRENT PROPOSED REVISED SE# DESCRIPTION APPROVED PENDING CHANGE TOTAL 1 LOCAL ADMIN MENTAL HEALTH SVCS $171,366 $171,366 $0 $342,732 TOTAL SE# 1 $171,366 $171,'366 $0 $342,732 20 NON-RESIDENTIAL ADULT MH SERV $9,015 $7,784 $0 $16,799 20 NON-RESIDENTIAL ADULT MH SERV $151,076 $151,076 $0 $302,152 TOTAL SE# 20 $160,091 $158,860 $0 $318,951 28 RESIDENTIAL TREATMENT SERVICES $478,125 $482,067 $0 $960,192 28 RESIDENTIAL TREATMENT SERVICES $319,195 $319,195 $0 $638,390 TOTAL SE# 28 $797,320 $801[262 $0 $~,598,582 35 OLDER/DISABLED ADULT MH SVCS $18,734 $0 $0 $18,734 TOTAL SE# 35 $18,734 $0 $0 $18,734 37 MHS SPECIAL PROJECTS $0 $0 $59,219 $59,219 TOTAL SE# 37 $0 $0 $59,219 $59,219 39 CSS-HOMELESS $188,000 $0 $0 $188,000 TOTAL SE# 39 $188,000 $0 $0 $188,000 NOTE: The amounts in the "REVISED TOTAL" column include amounts reported in the "CURRENT PENDING" column that have not yet been accepted/approved. Therefore, these amounts may change. OREGON HEALTH AUTHORITY Financial Assistance Award Amendment (FAAA) FAAA Totals Part A 2013-20~5 ********************* INFORMATION ONLY ********************* CONTRACTOR: DESCHUTES COUNTY CONTRACT#: 141408 DATE: o2/14/20~4 REF#: 008 CURRENT CORRENT PROPOSED REVISED SE# DESCRIPTION APPROVED PENDING CHANGE TOTAL $1,335,511 $~, 13~, 488 $59,219 $2,526,218 NOTE: The amounts in the "REVISED TOTAL'" column include amou."1ts reported in the "CURRENT PENDING" column that have not yet been accepted/a~proved. Therefore, these amounts may change. , ~ ?!IlllIII'!:!~[r!*'!lIIII''1!e';.N''fI'III'!!'ft"~~~''~,''''~''''')~II!!1; ,('!!O) "II:m"~,~~'"}R\i!lMi 1$YP:<SNjM.~N~.,"4)f WVj\f"?¥U!f % h4. 8 ,,4ifi~,II'jMjt(i......Sf, 4itA ; .4!( ~1!l1:ll\! ti,~ i t/fl,lIWI.!IIIIi~:wt9,"'''"''' ;;:;;UIiiiiiI'i,H, .... \ ~~"'L *,iiiiW'i(IiiiIlI!ii!'R... "",JlIfllItIki ""*"* "'.JI\OOiI""""'*".'~ !o!IIolil!t'!\l"M~"'lIl~'i 4ft U,i!I!,~".!'I.~, /. \!\!I_~ OREGON HEALTH AUTHORITY Financial Assistance Award Amendment (FAAA) FAAA Totals Part B 2013-2015 ********************* INFORMATION ONLY ********************* CONTRACTOR: DESCHUTES COUNTY CONTRACT#: 141408 DATE: 02/14/2014 REF#: 008 CURRENT CURRENT PROPOSED REVISED SE# DESCRIPTION APPROVED PENDING CHANGE TOTAL 20 NON-RESIDENTIAL ADULT MR SERV $443,833 $0 $0 $443,833 20 NON-RESIDENTIAL ADULT MH SERV $235,861 $0 $0 $235,861 TOTAL SE# 20 $679,694 $0 $0 $679,694 22 CHILD & ADOLES ME SERVICES $122,290 $0 $0 $122,290 TOTAL SE# 22 $122,290 $0 $0 $122,290 28 RESIDENTIAL TREATMENT SERVICES $576,000 $0 $0 $576,000 28 RESIDENTIAL TREATMENT SERVICES $364,466 $0 $0 $364,466 TOTAL SE# 28 $940,466 $0 $0 $940,466 31 ENHANCED CARE SERVICES $109,248 $0 $0 $109,248 TOTAL SE# 31 $109,248 $0 $0 $109,248 34 ADULT FOSTER CARE MES $160,349 $0 $0 $160,349 TOTAL SE# 34 $160,349 $0 $0 $160,349 36 PASARR MRS $20,072 $0 $0 $20,072 TOTAL SE# 36 $20,072 $0 $0 $20,072 NOTE: The amounts in the "REVISED TOTAL" column include amounts reported in the "CURRENT PENDING" column that have not yet been accepted/approved. Therefore, these amounts may change. ~~",~~.,~,~~,o/'l"-':"""'-''''t...'!t'!'''-''''''''''''''''-~¥'''';M'tt~:~",!!! 8., ~~'~~~~.'~~'""Ii:c:t:,.~"",,,1',,* It • ~~~~'~JJI.! fI' ,1IJ.,~I""t' 1I't''t "'.. f!'Q\lOllilI'<ll.........!!{W ..¥~>I<I ",'~~","!AIi t) ,~~,"1»",*"",, ,~~~' OREGON HEALTH AUTHORITY Financial Assistance Award Amendment (FAAA) FAAA Totals Part B 2013-2015 ********************* INFORMATION ONLY ********************* CONTRACTOR: DATE: DESCHUTES COUNTY 02/14/2014 CONTRACT#: REF#; 141408 008 SE# DESCRIPTION CURRENT APPROVED' CURRENT PENDING PROPOSED CHANGE REVISED TOTAL $2,032,l19 $0 $0 $2,032,J.19 NOTE: The amounts in the "REVISED TOTAL" column include amounts reported in the "CURRENT PENDING" column that have not yet been accepted/approved. Therefore, these amounts may change • . t ~"""~"'~'f~",,"""~~~~~~~~>""'*f'i lliJ?Pt."¥\"""""'~I'!l'!"!~IIl~~~!O!!"'(j\)i)t, 4 "'''''''l\J!iM,IM,MllI!I' A /ftlliij,;t, f¥A(!~ I I.\KlliIQ;q§fM""'l'lI!!11,~,~'~_I' 1.~""!1'I~ ,,,.w,Of.~JIIg• ....,,, »'.iY;t>"~'l'M'I1.1.,Jlt.~,"'lt 1~ !!f'lIIII'~!l."""i OREGON HEALTH AUTHORITY Financial Assistance Award Amendment (FAAA) ********************* FAAA Totals Part C 2013-2015 LNFORMATION ONLY ********************* CONTRACTOR: DESCHUTES DATE: 02/14/2014 SE# DESCRIPTION COUNTY CURRENT APPROVED ". ctJR:RENT PENDING CONTRACT#: PROPOSED CIDINGE REF#: 141408 008 REVISED TOTAL 37 MHS SPECIAL PROJECTS $0 $0 $532,975 $532,975 TOTAL SE# 37 $0 $0 $532,975 $532,975 $0 $0 $532,975 $532,975 NOTE: The amounts in the "REVISED TOTAL" column include amounts reported in the "CURRENT PENDING" column that have not yet been accepted/approved. Therefore, these amounts may change. ~"."..~?~~r:lie'~'M"'l""'1"'"\~JO~~~,_~~~""'4,'""" i!:l ,\i~''''''.~1''~ffnll''*!1'_tji U!<'1'5 t,9~~,""I:<I~~~~~"tIlilQ1~J~'AIII'j!N'''''~.><i$~~-.1\ ',~"IIf';IlI!'I"I"'''''~_",d$ 4'\ ,,1ii(lI\'fj ~~ ),4 '1Il"''''~ I!., OREGON HEALTH AUTHORITY Financ~al Assistance Award Amendment (FAAA) FAAA Totals Summary 2013-2015 ********************* INFORMATION ONLY ********************* CONTRACTOR: DESCHUTES COUNTY CONTRACT#: 141408 DATE: 02/l4/2014 REF#: . 008 CURRENT CURRENT PROPOSED REVISED SE# DESCRIPTION APPROVED PENDING CHANGE TOTAL 1 LOCAL ADMIN MENTAL HEALTH SVCS $171,366 $171,36'6 $0 $342,732 TOTAL SE# 1 $171,366 $171,36'6' $0 $342,732 20 NON-RESIDENTIAL ADULT MH SERV $452,848 $7,784 $0 $460,6'32 20 NON-RESIDENTIAL ADULT MH SERV $386,937 $151,076 $0 $538,013 TOTAL SE# 20 $839,785 $158,860 $0 If $998,645 22 CHILD & ADOLES MH SERVICES $122,290 $0 $0 $n2,290 TOTAL SE# 22 $122,290 $0 $0 $122,290 28 RESIDENTIAL TREATMENT SERVICES $1,054,125 $482,067 $0 $1,536,192 28 RESIDENTIAL TREATMENT SERVICES $683,661 $319,195 $0 $1,002,856 TOTAL SE# 28 $1,737,786 $801,262 $0 $2,539,048 31 ENHANCED CARE SERVICES $109,248 $0 $0 $109,248 TOTAL SEff 31 $109,248 $0 $0 $109,248 34 ADULT FOSTER CARE MHS $160,349 $0 $0 $160,349 TOTAL SE# 34 $1:60,349 $0 $0 $160,349 35 OLDER/DISABLED ADULT MH SVCS $18,734 $0 $0 $18,734 NOTE: The amounts in the "REVISED TOTAL" column include amounts reported in the "CUl'ffiENT PENDING" column that have not yet been accepted/approved. Therefore, these amounts may change. CONTRACTOR: DESCHUTES COuNTy DATE: 02/14/2014 SE# DESCRIPTION TOTAL SE# 35 36 PASARR MRS TOTAL SE# 36 37 MRS SPECIAL PROJECTS TOTAL SE# 37 39 CSS-HOMELESS TOTAL SE# 39 CONTRACT TOTAL OREGON HEALTH AUTHORITY Financial Assistance Award A~endment (FAAA) FAAA Totals Summary 2013-2015 *****'**************** :INFORMATION ONLY ********************,i. CONTRACT#: 141408 REF#: 008 CURRENT CURRENT PROPOSED REVISED APPROVED PENDING CHANGE TOTAL , $l8,734 $0 $0 $18,734 $20,072 $0 $0 $20,072 $20,072 $0 $0 $20,072 $0 $0 $592,l94 $592,194 $0 $0 $592,l94 $592,194 $188,000 $0 $0 $188,000 $188,000 $0 $0 $l88,OOO $3,367,630 $1,131,488 $592,194 $5/0~1/312 NOTE: The amounts in the "REVISED TOTAL" column include amounts reported in the "CURRENT PENDING" column that have not yet been accepted/approved. Therefore, these amounts may change. '~.~=':<?:"fI'I"'.~~",.,,~,..~,,~.,.:III7t"~~""""~~~>:'I' ~" 4W\j[II! ~,~~:" ,!(\lC!PiiR~OJ\~~.'!i""!'~II'1')~~~~ll'~')'4("'"iI$.lll:'!JIIjilllt!l',.~~!IIC %itJl!t."\Ifi."iiW",it'iM\)"'!~.II'~'~'<'~,(", ~~~~ I" ~. b \l """IJ!,I".J'h ,~~ Exhibit 2 to the 9th Amendment to Oregon Health Authority 2013-2015 Intergovernmental Agreement for the Financing of Community Addictions and Mental Health Services Agreement #141408 Document date: 03/1912014 Amendment # 09 -Revised Page 4 Reference # 008 '2/7120142:42:34 PM OREGON HEALTH AUTHORIlY OWITS FINANCIAL ASSISTANCE AWARD 2013--2015 Exhibit 0-2 CONTRACT Deschutes County CONTRACT#: 141408 NANIE: EFFECTIVE 71112013 12:00:00 AM AMENDNlENT#: 9•DATE: " ADDICTIONS AND MENTAL HEALTH ~ERVICES ,~ SERVICE REQUIREMENTS MEET EXH,IBIT B. MHS 37-FLEXIBLE FUNDING Deschutes County-14140S I I Fund Source Description Start Date End Date Approved Funding Level Payment Frequency Special Condition 0806 MH GENERAL FUND NEW INVESTMENT 01/0112014 0613012014 $200,000.00 Lump Sum These funds are for Mental Health Prevention and Promotion services. i 0806 MH GENERAL FUND NEW INVESTMENT 01/0112014 0613012014 $341,192.70 Lump Sum These funds are for Crisis services, 0806 MH GENERAL FUND NEW INVESTMENT 07/01/2014 06/3012015 $37,910.30 Monthly These funds are for Crisis services. " Total Authorized Amount $579,103.00 Amendment Reason: The funds subject to this amendment are a result of Package 810 of the Leg1slative Fiscal Office Analyst Adjustment -Invest in Capacity in Community Mental Health. Exhibit 3 to the 9th Amendment to Oregon Health Authority 2013·2015 Intergovernmental Agl'eement for the Financing of Community Addictions and Mental Healtll Services Ag.·eement #141408 I ! f I Document date: 03119/2014 Amendment # 09 -Revised Page 5 Reference # 008 I I Exhibit MHS 37 -Flexible Funding MHS Special Projects 1. Service Descl'iption Promotion, prevention, early identification and intervention of conditions that lead to mental health, substance use and addiction disorders represent the array of interventions supp011ed by Flexible Funding. This focus wi1llead to improved outcomes and enhanced healthcare experiences for individuals as well as reduce overall expenditures. County will have the flexibility to allocate the funds to meet community needs and statutory requirements. Based upon the source of the funds shown in OWITS, County shall prioritize persons to be served as outlined in ORS 430.644, federal Mental Health and Substance Abuse Prevention and Treatment block grants, and OAR 309-032-1525. I COtmty is responsible to establish and maintain a structm'e for meaningful system design and oversight that includes involvement by individuals and families across all ages that have or are receiving substance abuse or mental health services. System design and oversight structure must include: a. Planning b. Implementation c. Monitoring d. Evaluation of services and supports e. Involvement in activities that focus on: (1) Resource allocation (2) Outcomes (3) Quality improvement (4) Advisory councils 2. Performance Requirements COlUlty shall provide the following Services, subject to availability offunding. Services may be reduced commensurate with reductions in funding by OHA: a. Behavioral Health Promotion and Prevention. (1) Behavioral Health Promotion and Prevention is distinct from treatment. (2) Behavioral Health Promotion and Prevention is focused on changing conmlon influences on the development of individuals across their lifespan, reducing risk factors and increasing protective factors. I Document date: 03/19/2014 Amendment II 09 -Revised Page 6 Reference # 008 (3) Behavioral Health Promotion and Prevention is designed to target -universal, selected and indicated populations based on risk. (4) Behavioral Health Promotion and Prevention must incorporate the Strategic Planning Framework (SPF). The SPF provides an effective, comprehensive prevention process and a common set of goals to be adopted and integrated at all levels. TIlis process is built upon state and local data assessment, building capacity, development of a comprehensive strategic plan, implementation of evidence~based strategies, and evaluation of work. (5) The SPF takes a public health approach to prevent community problems. The focus is on change for entire populations, coJlections of individuals who have one or more personal or environmental characteristics in common. Population~based public health considers an entire range· of factors that determine health. (6) The SPF strives to infuse data in decisions made across all steps. Deliberate processes to collect, analyze, interpret and apply lessons from data will drive state prevention efforts. b. Outreach (Case Finding), Early Identification and Screening. Assessment and Diagnosis. (1) Outreach: Partner with healthcare providers and other social service partners who provide screening for the presence of behavioral health conditions to facilitate access to appropriate services. (2) Early Identification and Screening: Conduct periodic and systematic methods that identify individuals with behavioral health conditions and potential physical health consequences of behavioral health conditions which consider epidemiological and community factors, as identified in the Biennial Implementation Plan (BIP), or Regional Health Improvement Plan (RHIP) as applicable, pursuant to Exhibit C; (3) Assessment and Diagnosis: Perform multidimensional biopsychosocial assessment as appropriate based on OAR 309 w 032 w 1525 to guide person w centered services and supports planning for behavioral health and co~ existing physical health conditions. (a) Use the following standardized protocols and tools to identify the level of service need and intensity of care and coordination, addressing salient characteristics such as age, culture and language. 1. American Society of Addiction Medicine (ASAM) for individuals receiving alcohol and drug services ii. Level of Care Utilization System (LOCUS) for adults transitioning between the state hospitals, licensed mental health residential services and intensive community services. "Intensive community services" are defined as assertive Document date: 0311912014 Amendment # 09 -Revised Page 7 Reference # 008 community treatment, intensive case management and supported/supportive housing. iii. Level of Service Intensity Determination for children including use of Child and Adolescent Service Intensity Instl1.1ment (CASU) and Early Childhood Service Intensity Instrument (ECSJI) for children receiving services with an Intensive Community-Based Treatment and Support Services or Intensive Treatment Services as described in OAR 309-032­ 1540 (5 and 6). (b) Identify individuals who need intensive care coordination. c. Initiation and Engagement. Promote initiation and engagement of individuals receiving services and supports which may include but are not limited to: (1) Brief motivational counseling; (2) Supp0l1ive services to facilitate pat1icipation in ongoing treatment; and (3) Withdrawal management for Substance Use and Addiction Disorders, supportive phatmacotherapy to manage symptoms and adverse consequences of withdrawal, following assessment. d. Therapeutic Interventions. (1) General Community Based Services which may include: (a) Condition management and a whole person approach to single or multiple chronic conditions based on goals and needs identified by the individual; (b) General outpatient services; (c) Medication Management for: i. Mental Health disorders ii. Substance Use disorders (A) Includes pharmacotherapy for adults diagnosed with opioid dependence, alcohol dependence or nicotine dependence and without medical contraindications. Publicly funded programs will not discriminate in providing access to services for individuals using medications to treat and manage addictions. (B) Pharmacotherapy, if prescribed, should be provided in addition to and directly linked with psychosocial treatment and support. (d) Detoxification for alcohol and drug dependent individuals under OAR 415-012-0000 through 415-012-0090 and 415-050-0000 Document date: 0311912014 Amendment # 09 -Revised Page 8 Reference # 008 through 415-050-0095 and the equivalent type of service for pathological gamblers. Supp0l1ive pharmacotherapy may be provided to manage the symptoms and adverse consequences of withdrawal, based on a systematic assessment of symptoms and risk of serious adverse consequences related to the withdrawal process. (e) Meaningful individual and family involvement; and (1) Services provided by peers. The County is encouraged to make available services and supports delivered by peers. If the County lacks these services and supports, the County is encouraged to develop a plan to expand the array of services and supports provided by peers in a manner that is consistent with their Biennial Implementation Plan (BIP), or Regional Health Improvement Plan (RHIP) as applicable, and in consultation with AMH. (2) Provide Crisis Services including but not limited to 24 hoUl's a day. seven days a week screening to determine the need for immediate services f01' any individual requesting assistance or for whom assistance is requested. (3) Mobile crisis services al'e crisis services delivered in a person's home, a public setting, in a school, in a residential program or in a hospital to enhance community integration. Mobile crisis services may include: (a) Mental health crisis assessment (b) Brief crisis intervention (c) Assistance withplacement in crisis respite or residential services (d) Initiation of civil commitment process if applicable, (e) Assistance with hospital placement, and (1) Connecting individual with ongoing services and supp0l1s. (4) Provide Pre-Commitment Services: (a) Pre-commitment investigation (b) Treatment planning and referral (c) Adherence to the individual's rights through all legal proceedings, (5) Provide Acute Care Services in accordance with ORS 430.630 and ORS 426.241. Except as provided by ORS 426.241(1), which states that "[t]he county is responsible for the cost when state funds available therefore are exhausted," Cmmty need only provide services up to the ftmding amount outlined in the document found at http://www.or~n.gov/OHAlamh/Pages/rep0l1in~qs.a~llli Acute Care Services shall be provided to: Document date: 03119/2014 Amendment # 09 -Revised Page 9 Reference # 008 (a) An individual in need of emergency hold services under ORS 426.232 and ORS 426.233. (b) An individual committed to Oregon Health Authority under ORS 426.130. (c) An individual voluntarily seeking crisis services provided that service capacity is available and the individual satisfies one or more of the following criteria: i. The individual is at high risk for an emergency hold or civil commitment without voluntary inpatient psychiatric services; or ii. The individual has a history of psychiatric hospitalization and is beginning to decompensate and for whom a short period of inpatient psychiatric treatment may provide stabilization; or iii. The individual is an appropriate candidate for inpatient psychiatric treatment but other inpatient psychiatric treatment resources are unavailable. (6) Provide monitoring and supervision services, described below, to all individuals under the Jurisdiction of the Psychiatric Security Review Board (pSRB) 01' the Juvenile Psychiatric Security Review Board (JPSRB) that have been referred to County: (a) Assessment and evaluation for the Court and the PSRB 01' JPSRB of an individual for Conditional Release from a state hospital or facility designated by OHA 01' placement on a waiting list for cOllditionall'elease from a state hospital or facility designated by OHA to determine if the individual can be treated in the community; this includes identification of the specific requirements for the community placement of an individual. (b) Supervision and Urinalysis Drug Screen consistent with the Conditional Release Order. (c) Coordination with a state hospital or facility designated by OHA on transition activities related to conditionall'elease of an individual. (d) Administrative activities related to the supervision services described above, including but not limited to: i. Modification of Conditional Release Orders. ii. Revocations of conditional release. iii. Admission or re-admission to a state hospital. Document date: 03/1912014 Amendment # 09 -Revised Page 10 Reference # 008 I I i J t f I t ! f f i i t f ! i I iv. Respond to Law Enforcement Data System (LEDS) notifications as a resuH of contact by the individual with law enforcement agencies. (7) Provide alcohol and drug treatment services in accordance with ORS 813.270. County shall be responsible for meeting service targets communicated by the Oregon Health Authority and are subject to regular review and reconciliation. Treatment program and Driving under the Influence ofIntoxicants (DUII) information program services shall be provided to: (a) Individuals who enter diversion agreements under ORS 813.200 and who are found to be indigent. (b) Individuals required to comply with the obligations imposed under ORS 813.020 or ORS 471.432 and who are found to be indigent. OHA may redistribute the funding allocations quarterly, based on utilization data. . (8) Provide Secured Transport. (9) Provide Supported Employment (SE) services in a manner that is consistent with fidelity standards established in OAR 309-016-0825 through 309-016-0855 and consistent with their BIP, or RHIP as applicable. If County lacks qualified Providers to deliver SE services and supports, County shall implement a plan, in consultation with AMH, to develop a qualified Provider network to access SE. (10) Assertive Community Treatment (ACT) and Early Assessment and SUPPOIi Alliance (EASA). When providing these services, the County shaH provide ACT and EASA services in a manner that is consistent with fidelity standards established by AMH and which incorporate the following; (a) Assess individuals to determine whether ACT and EASA services and suppOlis are appropriate. (b) Provide those services with the individual's engagement and choice. (c) EASA services are to be provided to young adults aged 14 to 24 who: 1. Have an lQ of70 or above, ll. Have not received treatment for a psychotic illness prior to the last 12 months, and Document date: 03/19/2014 Amendment #09 -Revised Page 11 Reference # 008 I t I { I t ~ t ! ~ ! I I 111. Have psychotic symptoms not known to be caused by the temporary effects of substance intoxication, major depression, or attributable to a known medical condition. (d) EASA services shall also include 1. Rapid access to psychiatric and counseling services it Education about causes, treatment and management of psychosis iii. Coaching on rights regarding access to employment, school, housing and additional resources iv. Family psycho-education and support groups v. Support for vocational education and independent living goals vi. Access to local teams including psychiatrists, social workers, psychologists and occupational therapists (e) The assessment and ACT or EASA services and supports must be provided by Providers that meet fidelity standards found at l1ttp:llwww.oregon.gov/OIJAJamhlPages/reporting-regs.asR~. (f) Ifthe County lacks qualified Providers to deliver ACT or EASA services and supports, the County is encouraged to develop a plan to develop qualified Provider network or to access ACT or EASA for individuals in a manner that is consistent with their BIP, or RHIP as applicable, and in consultation with AMH. (1I) Provide pre-booking and post-booking jail diversion services that increase interaction with justice-involved people with Serious and Persistent Mental Illness (SPMI) that result in the reduction or avoidance ofjail time through the availability of alternative community based services, programs, or treatment approaches. (a) Create partnerships or diversion agreements between law enforcement agencies, jails, both circuit and municipal courts, and local mental health providers. (b) Create opportunities for individuals to access housing in addition to vocational and educational services. (c) IJ rovide support services to prevent or curtail relapses and other crises. (d) Assist people to negotiate and minimize continuing criminal sanctions as they make progress in recovery and meet criminal justice obligations. (e) Promote peer support and the social inclusion of individuals with or in recovery from mental and substance use disorders in the community. Document date: 0311912014 Amendment # 09 • Revised Page 12 Reference # 008 e. Continuity of Care and Recovery Management. (l) Continuity of Care (a) Coordinate and facilitate access to appropriate housing services and community supports in the individual's community of choice. (b) Facilitate access to appropriate levels of care and coordinate management of services and supports based on an individual's needs in the community of choice. (c) Facilitate access to services and supports provided in the community and individual's home designed to assist children and adults with mental health disorders whose ability to function in the community is limited and for whom there is significant risk of higher level of care needed. (d) Coordinate with other agencies to provide intensive care coordination sufficient to help individuals prevent placement in a more restrictive level of care and to be successfully served in their conununity of choice. (2) Recovery Management (a) Continuous case management. (b) Monitoring of conditions and ongoing l'ecovery and stabilization. (c) Individual and family engagement. (d) Transition planning that addresses the individual's needs and goals. 3. Special Reporting Requirements a. Biennial Implementation Plan (BIP) as identified in ORS 430.630 (9) (c) except for Central Oregon counties subject to the Regional Health Improvement Plan (RHIP) as identified in Senate Bill 204 (2011), Section 16. The components of the RHIP are identified in OAR 309-014-0320. (1) Components of the BIP or RHIP can be found at http://www.orgeon.gov/OHAIamhlPageslreporting-regs.aspx (2) Submit BIP, or RHIP as applicable, in compliance with AMH BIP Policy and Procedures as specified in OHA's BIP Guidelines located at: http://www.oregon.gov/OHAIamhiPages/rep0l1ing-regs.aspx. For counties subject to the RHIP, submit RHIP in compliance with OAR 309-014­ 0340. (a) 2015-2017 BIP or RHIP due to OHA no later than March 1, 2015. County must pm1icipate in the collaboration process for revisions that result in an approved BIP or RHIP. Document date: 03/19/2014 Amendment # 09 -Revised Page 13 Reference # 008 I I I f ! t [ b. Supported Employment Services (1) County shall submit a written quarterly summary report, on delivery of Supported Employment services funded in whole or in part with funds provided under this Special Project, to OHA no later than the 15th of October, January, April, and July during the period for which funds are awarded fOI' Supp0l1ed Employment under tIus Agreement. (2) Reports must be prepared using fOlms and procedures prescribed by OHA. c. EASA: (1) Counties providing EASA services directly to clients will submit data as specified to the EASA Center for Excellence. (2) For Counties in the implementation phase, a report will be developed to describe progress made in implementing the described plan within the EASA solicitation to include staffhired, trained, community outreach efforts and expected start date of service provision. (3) Quarterly and yeru·~towdate budget expenditures. (4) Providers must prepare and submit a written anllual summary of project accomplishments and challenges and a narrative interpretation of project data on outcomes, including fidelity review outcomes. Reports must be prepared using f01111s and procedures prescribed by OHA, and sent to: Oregon Health Authority Addictions and Mental Health Division Attention: Young Adult Services Coordinator 500 Summer Street N.E. E86 Salem, OR 97301-1118 d. PSRB/JPSRB Supervision Services (1) County must submit a copy of the Conditional Release Order to AMH for all individuals conditionally released into the community each month no later than15 calendar days following the month the conditional release occurred. (2) PSRB/JPSRB monthly progress report: County must submit a copy of each individual's monthly progress report to the PSRB/JPSRB directly, with a copy to OHA no later than 15 calendar days following the month supervision services were delivered. e. Jail Diversion (1) For Services fully or partially funded with this financial assistance: Document date: 03/19/2014 Amendment II 09 -Revised Page 14 Reference II 008 i i i I I f I I I I f tI· I t ~ I I ! ~ i i f ! f t t f I (a) Repol1 the total number of people that received services designated as pre-booking or post-booking diversion. Break out the following information: 1. Rep0l1 the number of people that received services designated as pre-booking diversion. ii. Rep011 the number of people that were arrested that received services designated as post-booking diversion. (b) Report the number of incidences where charges were dismissed or dropped as a result ofjail diversion services. (c) Report the number of people that were divelted from the Oregon State Hospital for 161.3 70 aid & assist services. (d) RepOlt the charges for which people were atTested that received jail diversion services. (e) Provide a description ofjail diversion services that people received in the ClltTent repOlting period. (f) Provide a detailed description of any jail diversion service created prior to the current reporting period. (g) Provide infOlmation regarding any activities related to jail diversion that involve law enforcement agencies, jails, circuit ana municipal COUlts, conununity corrections, and local mental health providers. (2) The repot1ing schedule is as follows: Data from July I-December 31, 2013 due February 14,2014 Data from January I-June 30, 2014 due August 15,2014 Data from July I-December 31, 2014 due February 14,2015 Datafi'om January I-June 30, 2015 due August 15,2015 (3) Data will be submitted on a form provided by AMH. f. Co-management COlmty shall facilitate transition of individuals at a state hospital campus within 30 calendar days following the Ready To Transition (RTf) date as detelmined by the Oregon State Hospital (aSH). OHA may reduce the monthly allocation, associated with this Special Project, when the County is identified by aHA as the County of Responsibility of a patient at a state hospital campus and the patient exceeds the RTf date by more Document date: 03119120 14 Amendment # 09 -Revised Page 15 Reference # 008 I [ f I t I I t I than 30 days. The reduction of the monthly allocation will be based on the following table: Days Beyond RTT Percentage of State Hospital Cost of Care 0 30 0% 31-60 25% 61 90 50% 91 120 75% 121 and over 100% The percentage ofthe cost of care will be reduced by an additional 50% if the County's patient Average Daily Population (ADP) or identified OHA approved multi-county region's ADP is at or below the ADP Targets established by OHA as indicated at http://www.Ol'egon.gov/OHAlamhlPagesireporting-reqs.aspx State hospital cost of care will be identified in the cunent Institutional Cost of Care Rates Repol1 published by the Oregon State Hospital Financial Services Division at http://www.oregon.gov/OHAlamhlosh/cost-of-care.shtml An appeal of the reduction in funds related to co-management may be sent in writing to OHA when the procedural problems not related to the County's actions interfered with the County's ability to facilitate transition from the state hospital. All appeals must be submitted in writing. Submit appeal as indicated at http://www.oregon.gov/OHAlamhloshlcost-of­ care.shtml 4. Data Reporting a. The following reporting is required as applicable: (1) All individuals receiving Services with funds provided under this Special Project must be enrolled and that client's record maintained in either: (a) the Client Processing Monitoring System (CPMS) as specified in OHA's CPMS manual located at: http://www.oregon.gov/OHAlamh/Pages/reporting-reqs.aspx; or (b) the Measures and Outcomes Tracking System (MOTS) as specified in OHA's MOTS manual located at: htln:llwww.oregon.gov/OHAlanlh/Pages/reporting-regs.as!lli. Over the next two years, AMH will be closing the CPMS system and replacing it with the MOTS system. Providers will be notified ofthe change. Document date: 0311912014 Amendment # 09 -Revised Page 16 Reference # 008 I I i I ! I ! t [ t I I (2) Ifthe Services are provided in a designated psychiatric acute care setting, the Services must be repo11ed in Oregon Patient and Resident Care System (OPIRCS) by the hospital providing the service, as specified in the OP/RCS Manual located at http://www.oregon.gov/OHAlamh/Pages/reporting~reqs.aspx, (3) Submission of applicable substance abuse prevention data via the Minimum Data Set for Prevention (MDS). All substance abuse prevention services delivered by County or its Providers must be entered into MDS on a quarterly basis. The MDS system can be found on the internet at: https:llmds.hr.state.or.us Mental Health Promotion and Prevention service activity shall be captured by submitting qua11erly' expenditure and service reports to OHA subject to this Special Project as indicated at http://www.oregon.gov/OHAlamhlPages/repo11ing-reQs.as.Qlf. (4) Submission of applicable gambling services data as defined in the Gambling Process Management System (OPMS) Manual located at http://www.oregon.gov/OHAlamhlPages/reporting~reqs.aspx. (5) County must pruiicipate in User Acceptance Testing and implementation activities for a new reporting system as designated by OHA. Once Testing has been completed, County must ensure data is submitted for all individuals receiving services with funds provided under this Special Project by way of one ofthe following options: (a) comply with data submission using the Oregon Web Infi'astructure for Treatment Services (OWITS) system as specified in the OHA OWITS Memorandum ofUnderstanding located at: http://www.oregon.gov/OH~amh/Pages/reporting-re<.}s.as.Qlf. or (b) comply with the data submission specifications for SUbmitting data using File Transfer from an existing Electronic Health Record (other than OWITS) as specified in the AMH File Transfer Specifications located at http;!lWVfW.oregon.gov/OHA/amh/Pa~s/rep9.Iting-reg~.J!~M, or (c) comply with data submission specifications by entering data in the Minimum Data Entry (MDE) application as specified in the AMH MDE user manual located at: http://www.oregon.gov/OHAlamptPages/reporting-regs.aspx. I (6) Submission ofrep011s for child and adolescent mental health services I provided with funds under this Special Project as applicable: f f(a) comply with Level of Service Intensity Determination Data located at: h1.tPj/www.oregon.gov/OHAlamh/Pages/reporting-reqs.aspx, or I f i I l Document date: 03/l9/20 14 Amendment # 09 -Revised Page 17 Reference #I 008 (b) comply with Integrated Service Array (lSA) Progress Review Repo11located at: ht!P...11~.oregon.gov/OfIA/amh/Page~/rep()rting-11m~,asp'f. b. The rep011ing schedule is as follows: (1) Claims paid data from July I-December 31,2013 due February 14,2014 (2) Claims paid data from January I-June 30, 2014 due August 15,2014 (3) Claims paid data from July I-December 31,2014 due February 14,2015 (4) Claims paid data from January I-June 30, 2015 due August 15,2015 5. Financial Reporting a. County shall submit all Financial Reports as indicated at http://www.oregon,gov/OHAlamhlPages/reporting-reqs,aspx b. County shall submit a nan-ative that addresses the following: (1) Utilization of existing services and programs; (2) Innovative strategies, programs or services which have been implemented; (3) Strategies, programs or services that are being planned; (4) Barriers experienced when planning, implementing or providing services or programs; and (5) Analyzing the service data they have reported. c. The reporting schedule is as follows: (1) Data from July I-December 31,2013 due February 14,2014 (2) Data from January I-June 30, 2014 due August 15,2014 (3) Data from July I-December 31, 2014 due February 14,2015 (4) Data from January I-June 30, 2015 due August 15,2015 6. Financial Assistance Calculation, Disbursement & Reconciliation ProecdUl'es a. Calculation of Financial Assistance. OHA will provide financial assistance identified in Exhibit 0-2, "OWITS Financial Assistance Award", from funds identified on that line in an amount equal to the amount set forth in that line of the OWITS Financial Assistance A ward, subject to the following: Total OHA financial assistance for this Special Project under a pru1icular line of Exhibit D-2, "OWITS Financial Assistance Award", shall not exceed the total funds awarded for this Special Project as specified on that line. Document date: 03/19/2014 Amendment # 09 -Revised Page 18 Reference # 008 b. pisbursement of Financial Assistance. aHA will disburse the funds awarded for this Special Project on a particular line of Exhibit D-2, "OWITS Financial Assistance Award", to County in substantially equal monthly allotments dlUing the period specified in the a WITS Financial Assistance Award, subject to the following: (1) Upon amendment to the OWITS Financial Assistance Award, aHA shall adjust monthly allotments to reflect changes in the funds awarded for this Special Project on that line of the OWITS Financial Assistance Award. c. Calculation of Incentive Payment: aHA will provide incentive payments (as indicated at http://www.oregon.gov/OHAlamhlPages!l.eporting-reqs.as~ identified in Exhibit D-2, "OWITS Financial Assistance Award", with a special condition attached. d. Disbursement of Incentive Payment: aHA will disburse the funds awarded for this Special Project incentive payment on a pm1iculal' line of Exhibit D-2, "OWITS Financial Assistance Award", to County in a one-time payment during the period specified in the OWITS Financial Assistance Award. e. Agreement Reconciliation: Agreement Reconciliation will be used to: (1) Verify services were provided to priority populations and County complied with specific funding stream req uirements, using data propedy reported as required in this Special Project. (2) Verify County service delivery is consistent with the aHA approved BIP or RHIP as identified in Exhibit C. Document dale: 03/19/2014 Amendment # 09 -Revised Page 19 Reference # 008 Exhibit 4 to the 9th Amendment to Oregon Health Authority 2013~2015 Intergovernmental Agreement for the Financing of Community Addictions and Mental Health Services Agreement #141408 Document date: 0311912014 Amendment II 09 -Revised Page 20 Reference # 008 EXHIBIT MHS 37 -Mental Health Supported Housing and Rental Assistance Services to MHS 37 Service Description MHS Special Project (Special Procurement #3732) 1. Service Description Rental Assistance Services (RAS) are intended to assist individuals who are 18 years of age or older with serious mental health illness in paying for rental housing, as defined in OAR 309-032~0311 (17) and who meet at least one of the followi~g criteria: a. Transitioning fl:om the Oregon State Hospital (OSH); b. Transitioning from a licensed l'esidential setting; c. Without supported housing are at risk of reentering a licensed residential or hospital setting. For purposes of this special project, supported housing is a combination of financial assistance and SUPP011ive services that allows an individual to live as independently as possible in their own home; d. Homeless-as defined in 42 USC§ 11302; or e. At risk of being homeless. Supp0l1ed Housing services allow individuals to live as independently as possible in the community and to access the appropriate support services. 2. Performance Reguh'ements a. Rental Assistance Services: Rental assistance payments per client sh811not exceed $500 per month. Payments for rental assistance made on behalf of individuals cover payment to landlords or specific vendors for a portion of the monthly rent; or payment to specific vendors for resident utility expenses. Move-in expense payments per client shall not exceed $1000, Payments for move­ in costs may include cleaning and security deposits, pet deposits and outstanding utility bills. County shall annually inspect or have inspected rental housing units subject to this special project to assure unit passes the criteria outlined in the AMH approved Housing Condition Checklist located at http:/hNww.oregon.gov/OHAlamhlPages/reporting-reqs.aspx. b. Supported Housing Services: Supp0l1ed housing services include the funding for a residential specialist position and a peer support specialist position. For purposes of this special project, the residential and peer support specialist positions are responsible for coordinating the program components; such as application process, finding a rental unit, and Document date: 03119/2014 Amendment # 09 -Revised Page 21 Reference # 008 payments to the landlord, with the SUppOlt service components, including, but not limited to, financial budgeting, community navigation, and maintaining healthy relationships; which support individuals in their ability to live as independently as possible in the community. These funds cannot be used to ftmd other county positions. c. Tar~eted outcomes include: (1) Decreasing the OSH readmission rate; (2) Decreasing Length Of Stay (LOS) in structured residential housing; and (3) Increasing number of civilly committed and PSRB clients transitioning to independent living. d. Administrative Costs: Administrative costs may not exceed 15% of total operating budget. Eligible Administrative costs include: (1) RAS data collection and documentation of service delivery in compliance with state and federal requirements. (2) Payment for housing inspection services, accounting services, computer upgrades, supervision of program staff, expenses associated with program office space, etc. Utilization requirements for Mental Health Rental Assistance Services providel's will be identified in a special condition in a particular line in the Financial Assistance Award. 3. Special Reporting Requirements a. For each calendar quarter (or portion thereof) during the period f01' which financial assistance is awarded under this Agreement for RAS, the County shall submit written quarterly reports on the delivery of RAS no later than thirty (30) calendar days after the end of the subject quarter. Repo11s shall include the following information: (I) How many units are occupied on a monthly basis; (2) How many months did the resident occupy the unit; (3) Why did the resident vacate the unit: (a) Moved to another apartment, remained in the program; (b) Landlord Eviction, if so why; (c) Resident gave 30-day notice, if so why; Document date: 0311912014 Amendment # 09 -Revised Page 22 Reference # 008 (4) What services are the residents participating in the most; and (5) What are the biggest barriers to resident pruticipation in services. RepOlts must be prepared using forms and procedures prescribed by OHA and . submitted to: Oregon Health Authority Addictions and Mental Health Division Attention: Contracts Administrator 500 Summer Street N.E. E86 Salem, OR 97301 ~1118 b. All individuals receiving services with funds provided under this Agreement must be emolled and that client's record maintained in either: (1) the Client Processing Monitoring System (CPMS) as specified in OHA's CPMS manual located at: http://www.oregon.gov/OHAlamhltraining/cpmslindex.shtmi, and as it 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/OHAlamhlpages/compassielectronic-data­ capture.aspx, and as it 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. 4. Financial Assistance Calculation, Disbursement and Settlement Procedures a. Calculation of Financial Assistance. OHA will provide financial assistance to County for SuppOlted Housing and Rental Assistance Services identified in a prutiClllru' line of Exhi bit D-] , Financial Assistance Award in an amount equal to the amount of cash assistance actually paid by County on behalf of the clients for, Services as described above, under that line of Exhibit D-l, Financial Assistance Award during the period specified in that line, subject to the following: (1) Total OHA financial assistance for all Rental Assistance Services delivered under a particular line of the Exhibit D-l, Financial Assistance Award shall not exceed the total funds awarded for Rental Assistance Services as specified in that line of Exhibit D-1, Financial Assistance Award; . (2) OHA is not obligated to provide financial assistance for any Rental Assistance Services that are not properly repOlted to OHA in the quruterly rep0l1s described above. Document date: 0311912014 Amendment # 09 -Revised Page 23 Reference # 008 b. Disbursement ofFinancial Assistance. Unless a different disbursement method is specified in that line of Exhibit 0-1, Financial Assistance Award, aHA will disburse the funds awarded for RAS in a PaI1iculal' line of Exhibit 0-1, Financial Assistance Award, to County in substantially equal monthly allotments dl1ling the period specified in that line of Exhibit 0-1, Financial Assistance Award, subject to the following; (1) aHA may after 30 days (unless parties agree otherwise) wtitten notice to County, reduce the monthly allotments based on under-utilized allotments identified through the required qualterly reports; (2) aHA may, upon written request of County, adjust monthly allotments; and (3) Upon amendment to Exhibit 0-1, Financial Assistance Award, OHA shall adjust monthly allotments as necessary, to reflect changes in the funds aWal'ded for RAS on that line of Exhibit 0-1, Financial Assistance Award. c. Agreement Settlement. Agreement Settlement will reconcile any discrepancies that may have occun'ed during the telID of this Agreement between actual OHA disbursements of funds awarded for RAS under a particular line of Exhibit 0-1, Financial Assistance AWal'd, and amounts due for such services provided by County based on the cash assistance paid on behalf of the individuals for rental assistance, rental utility and move-in expenses, program staff funds expended, and administration of tlris special project as properly reported in the quarterly repOlts described above and subject to the utilization requirements in a special condition on that line of the Financial Assistance Award. Document date: 03/19/2014 Amendment II 09 -Revised Page 24 Reference # 008 Exhibit 5 to the 9th Amendment to Oregon Health AuthoIity 2013-2015 Intergovernmental Agreement for the Financing of Community Addictions and Mental Health Services Agreement #141408 Document date: 0311912014 Amendment # 09 -Revised Page 25 Reference #I 008 2013-2015 INTERGOVERNMENTAL AGREEMENT FOR THE FINANCING OF COMMUNITY ADDICTIONS AND MENTAL HEALTH SERVICES EXHIBITF GENERAL TERMS AND CONDITIONS 1. Disbursement and Recovery of Financial Assistance. a. Disbursement Generally. Subject to the conditions precedent set f01th below, OHA shaH disburse the financial assistance described in the Financial Assistance Award to County in accordance with the procedures set forth below and, as applicable, in the Service Descriptions and the Financial Assistance A ward. Disbursement procedures may ValY by Service. (1) Disbursement of Financial Assistance Awarded for Services in Financial Assistance Award. As set f011h in the Service Descdption for a particular Service, OHA will generally disburse financial assistance that is described in the Financial Assistance Award to County in monthly allotments in advance of actual delivery of the Service. (2) Disbursements Remain Subject to Recovery. All disbursements of financial assistance under this Agreement, including disbursements made directly to Providers, remain subject to recovery £i'om County, in accordance with Section 1.c.(1), as an Underexpenditure, Overexpenditure or Misexpenditure. b. Conditions Precedent to Disbursement. OHA's obligation to disburse financial assistance to County lmder this Agreement is subject to satisfaction, with respect to each disbursement, of each ofthe following conditions precedent: (1) No County default as described in Section 6 of Exhibit G has occ~11'red. (2) County's representations and warranties set forth in Section 4 of Exhibit G are true and correct on the date of disbursement with the same effect as though made on the date of disbursement. c. Recovery of Financial Assistance. (1) Notice of Underexpenditure, Overcxpenditurc or Misexpenditm'c. If OHA believes there has been an Underexpenditure 01' Overexpenditure (as defined in Exhibit A) of moneys disbmsed under this Agreement, OHA shall provide County with written notice thereof and OHA and County shall engage in the process described in Section 1.c.(2) below. lfOHA believes there has been a Misexpenditure (as defined in Exhibit A) of moneys disbursed to County under this Agreement, OHA shall provide County with written notice thereof and OHA and County shall engage in the process described in Section I.e.(3) below. Document date: 0311912014 Amendment # 09 -Revised Page 26 Reference # 008 (2) Recovell' of Underexpenditurc or Overexpenditure. (a) County's Response. County shall have 90 calendar days from the effective date of the notice of Under expenditure or Overexpenditure to pay OHA in full or notifY OHA that it wishes to engage in the appeals process set fot1h in Section l.c.(2)(b) below. If County fails to respond within that 90 day time period, County shall promptly pay the noticed Underexpenditure or Overexpenditure. (b) Appeals Process. If County notifies OHA that it wishes to engage in the appeals process, County and OHA shall engage in non­ binding discussions to give the County an opportunity to present reasons why it believes that there is no Underexpenditure or Overexpenditure, or that the amount of the Underexpenditure or Overexpenditure is different than the amount identified by OHA, and to give OHA the oppot1unity to reconsider its notice. County and OHA may negotiate an appropriate apportionment of responsibility for the repayment of an Underexpendihu'e or Overexpenditure; At County request, OHA will meet and negotiate with County in good faith concerning appropriate apportionment of responsibility for repayment of an Underexpenditure or Overexpenditure. In detemlining an appropriate apportionment of responsibility, County and OHA may consider any relevant factors. An example of a relevant factor is the extent to which either party contributed to an interpretation of a statute, regulation or rule prior to the expenditure that was officially reinterpreted after the expenditure. If OHA and County reach agreement on the amount owed to OHA, County shall promptly repay that amount to OHA by issuing payment to OHA or by directing OHA to withhold future payments pursuant to Section 1.(c)(2)(c) below. JfOHA and County continue to disagree as to whether there has been an Underexpenditure or Overexpenditme or as to the amount owed, the parties may agree to consider ftu1her appropriate dispute resolution processes, including, subject to Depru1ment of Justice and County Counsel approval, arbitration. (c) Recovery From Future Payments. To the extent that OHA is entitled to recover an Underexpenditure 01' Overexpenditure pursuant to Section 1.c.(2), OHA may recover the Underexpcnditure or Overexpenditure by offsetting the amount thereof against ftlture amounts owed to County by OHA, including, but not limited to, any amount owed to County by OHA undet· any other contract or agreement between County and OHA, present or future. OHA shall provide County written notice of its intent to recover the amount of the Underexpenditure or Ovel'expenditure from amounts owed County by OHA as set forth Document date: 03/19/2014 Amendment ti 09 -Revised Page 27 Reference # 008 in this Section, and shall identify the amounts owed by OHA which OHA intends to offset, (including the contracts or agreements, if any, under which the amounts owed arose and from those OHA wishes to deduct payments from). County shall then have 14 calendar days from the date of OHA's notice in which to request the deduction be made from other amounts owed to County by OHA and identified by County. OHA shall comply with County's fequest for alternate offset. In the event that OHA and County are unable to agree on which specific amounts, owed to County by OHA, OHA may offset in order to recover the amount of the Underexpenditure Of Overexpenditure, then OHA may select the particular contracts or agreements between OHA and County and amounts from which it will recover the amount of the Underexpenditure or Overexpenditure, after providing notice to the County and within the fol1owing limitations: OHA shall first look to amounts owed to County (but unpaid) under this Agreement. If that amount is insufficient, then OHA may look to any other amounts currently owing or owed in the future to County by OHA. In no case, without the prior consent of County, shall OHA deduct from anyone payment due to County under the contract or agreement it-om which OHA is offsetting funds an amount in excess of twenty-five percent (25%) of that payment. OHA may look to as many future payments as necessary in order to fully recover the amount of the Underexpenditure or Overexpenditure. (3) Recovery of Misexpcnditure. (a) COUllty'S Response. From the effective date of the notice of Misexpenditure, County shall have the lesser of (1) 60 calendar days. or (2) if a Misexpenditure relates to a federal government request fOf reimbursement, 30 calendar days fewer than the number of days (if any) OHA has to appeal a final written decision from the federal government, to either: i. Make a payment to OHA in the full amount of the noticed Misexpenditure identified by OHA; or ii. Notify OHA that County wishes to repay the amount of the noticed Misexpenditure from future payments pursuant to Section 1.c.(3)(c). below; or iii. Notify OHA that it wishes to engage in the applicable appeal process set fmth in Section l.c.(3)(b). below. If County fails to respond within the time required by this Section, OHA may recover the amount of the noticed Misexpenditure from future payments as set fOlih in Section l.c.(3)(b). below. (b) Appeal Process. If County notifies OHA that it wishes to engage in an appeal process with respect to a noticed Misexpenditure-, the parties shall comply with the fol1owing procedures, as app1icable: Document dille: 03119/2014 Amendment # 09 -Revised Page 28 Reference /I 008 Document dale: 031I912014 Reference # 008 i. AppeaJ from OHA-Identified Misexpenditure. If OHA's notice of Misexpenditure is based on a Misexpenditl.lre solely of the type described in Section 21 (b) or (c) of Exhibit A, County and aHA shall engage in the process described in this Section to resolve a dispute regarding the noticed Misexpenditure. First, County and aHA shall engage in non~binding discussions to give the County an opportunity to present reasons why it believes that there is, in fact, no Misexpenditure or that the amount of the Misexpenditure is different than the amount identified by OHA, and to give aHA the opp0l11.1nity to reconsider its notice. County and OHA may negotiate an appropriate apportionment of responsibility for the repayment of a Misexpenditure. At County request, aHA will meet and negotiate with County in good faith conce11ling appropriate app0l1ionment of responsibility for repayment of a Misexpenditure. In determining an appropriate app0l1ionment of responsibility, County and aHA may consider any relevant factors. An example of a relevant factor is the extent to which either party contributed to an interpretation of a statute, regulation or rule prior to the expenditure that was officially reinterpreted after the expenditure. If aHA and County reach agreement on the amount owed to the aHA County shall promptly repay that amount to aHA by issuing payment to aHA or by directing aHA to withhold future payments pursuant to Section 1.c.(3)(c) below. If aHA and County continue to disagree as to whether there has been a Misexpenditure or as to the amount owed, the parties may agree to consider further appropriate dispute resolution processes, including, subject to Depa11ment of Justice and County Counsel approval, arbitration. ii. Appeal from Federal-Identified Misexpenditure. A. If aHA's notice of Misexpenditure is based on a Misexpenditure of the type described in Section 21 (a) of Exhibit A and the relevant federal agency provides a process either by statute or administrative rule to appeal the determination of improper use of federal funds. the notice of disallowance or other federal identification of improper use of funds, and if the disallowance is not based on a federal or state court judgment founded in allegations of Medicaid fraud or abuse, then County may, prior to 30 days prior to the applicable federal appeals deadline, request that OHA appeal the determination of improper use, notice of Amendment # 09 -Revised Page 29 disallowance or other federal identification of improper use of funds in accordance with the process established or adopted by the federal agency. If County so requests that OHA appeal the determination of improper use of federal fimds, federal notice ofdisallowance or other federal identification ofimproper use of funds, tbe amount in controversy shall, at the option of County, be retained by the County or returned to OHA pending the final federal decision resulting from the initial appeal. If the CO"l.lnty does request, prior to the deadline set forth above, that OHA appeal, OHA shall appeal the determination of improper use, notice of disallowance or other federal identification of improper use offimds in accordance with the established process and shall pursue the appeal until a decision is issued by the Depaltmental Grant Appeals Board ofthe Depmtment of Health and Human Services (the "Grant Appeals Board") pursuant to the process for appeal set forth in 45 C.F.R. Subtitle A, Prut 16, or an equivalent decision is issued under the appeal process established or adopted by the federal agency. County and OHA shall cooperate with each other in pursuing the appeal. If the Grant Appeals Board or its equi valent denies the appeal then eithel' County, OHA, or both may, in theh discretion, pursue fhrthel' appeals. Regardless of any fiuther appeals, within 90 days of the date the federal decision resulting from the initial appeal is final, County shall repay to OHA the amount of the noticed Misexpenditure (reduced, if at all, as a result ofthe appeal) by issuing payment to OHA or by directing OHA to withhold future payments pursuant to Section l.c.(3)(c) below. To the extent that County retained any of the am01mt in controversy while the appeal was pending, the County shall pay to OHA the interest, if any, charged by the federal govemment on such amount. B. If the relevant federal agency does not provide a process either by statute or administrative rule to appeal the determination of improper use offederal funds, the notice of disallowance or other federal identification of improper use of funds or County does not request that OHA pursue an appeal 30 days prior to the applicable federal appeals deadline, and if OHA does not appeal, then within 90 days of the Document date: 0311912014 Amendment # 09 -Revised Page 30 Reference # 008 date the federal determination of improper use of federal funds, the federal notice of disallowance or other federal identification of improper use of funds is final County shall repay to OHA the amount of the noticed Misexpenditure by issuing a payment to OHA or by directing OHA to withhold future payments pursuant to Section l.c.(3)(c) below. C. If COlmty does not request that OHA pursue an appeal ofthe determination of improper use of federal funds, the notice of disallowance or other federal identification of improper use of funds, plioI' to 30 days prior to the applicable federal appeals deadline but OHA nevertheless appeals, County shall repay to OHA the amount ofthe noticed Misexpenditure (reduced, if at al1, as a result ofthe appeal), within 90 days of the date the federal decision resulting from the appeal is final, by issuing payment to OHA or by directing OHA to withhold future payments pursuant to Section Lc.(3)(c). below. D. Notwithstanding Section l.c.(3)(a)(i) through iii., if the MisexpendittU'e was expressly authorized by a OHA rule or an OHA writing that applied when the expenditure was made, but was prohibited by federal statutes or regulations that applied w]len the expenditure was made, County will not be responsible for repaying the amount of the MisexpendittU'e to OHA, provided that: (i) Where post-expenditure official reinterpretation of federal statutes or regulations results in a Misexpenditure, County and OHA will meet and negotiate in good faith an appropriate apportionment of responsibility between them for repayment ofthe Misexpenditure. (ii) For purposes ofthis Section, an OHA writing must interpret this Agreement or an OHA rule and be signed by the Director of OHA or by the Assistant Director of Addictions and Mental Health Services Division. OHA shall designate an alternate officer in the event the Addictions and Mental Health Services Division is abolished. Upon County request, OHA shall notify County of Document dale: 03/1912014 Amendment # 09 -Revised Page 31 Reference # 008 the names of the individual officers listed above. OHA shall send OHA writings described in this paragraph to County by mail and email and to CMHP directors by email. (iii) The writing must be in response to a request from County for expenditure authorization, or a statement intended to provide official guidance to County or counties generally for making expenditures under this Agreement. The writing must not be contrary to this Agreement or contrary to law or other applicable authority that is clearly established at the time of the writing. (iv) IfOHA writing is in response to a request from County for expenditure authorization, the request must be in writing and signed by the director of a County department with authority to make such a request or by the County Counsel. It must identify the supp0l1ing data, provisions of this Agreement and provisions of applicable law relevant to determining ifthe expenditure should be authorized. (v) An OHA writing expires on the date stated in the writing, or i{no expiration date is stated, six years from the date of the writing. An expired OHA writing continues-to apply to County expenditures that were made in compliance with the writing and during the term of the writing. (vi) OHA may revoke or revise an OHA writing at any time if it detelmines in its sole discretion that the writing allowed expenditure in violation of this Agreement or law or any other applicable authority. (vii) OHA rule does not authorize an expenditure that this Agreement prohibits. (c) Recovery From Future Payments. To the extent that OHA is entitled to recover a Misexpenditure pursuant to Section 1.c.(3)(b)(i) and (ii)., OHA may recover the Misexpenditure by offsetting the amount thereof against future amounts owed to County by OHA, including, but not limited to, any amount owed to County by OHA under this Agreement or any amount owed to Document date: 03/19/2014 Amendment # 09 -Revised Page 32 Reference # 008 I r I f f County by OHA under any other contract or agreement between County and OHA, present or future. OHA shall provide County written notice of its intent to recover the amount of the Misexpenditure from amounts owed County by OHA as set forth in this Section, and shall identify the amounts owed by OHA which OHA intends to offset (including the contracts or agreements, if any, under which the amounts owed arose mId from those OHA wishes to deduct payments from). County shall then have 14 calendar days from the date of OHA's notice in which to request the deduction be made from other amounts owed to County by OHA and identified by County. OHA shall comply with County's request for alternate offset. In the event that OHA and County are unable to agree on which specific amounts, owed to County by OHA, OHA may offset in order to recover the amount of the Misexpenditure, then the OHA may select the particular contracts or agreements between OHA and County and amounts from which it willl'ecover the amount of the Misexpenditure, after providing notice to the County, and within the following limitations: OHA shall fust look to amounts owed to County (but unpaid) under this Agreement. If that amount is insufficient, then OHA may look to any other amounts currently owing or owed in the future to County by OHA. In no case, without the prior consent of County, shall OHA deduct from anyone payment due County under the contract or agreement from which OHA is offsetting funds an amount in excess of twenty-five percent (25%) ofthat payment. OHA may look to as many future payments as necessary in order to fully recover the amount ofthe Misexpenditure. (4) Additional PJ'ovisiolls related to parties rights/obligations Witll respect to Underexpenditures, Overexpenditures and MisexpendituJ·es. (a) County shall cooperate with OHA in the Agreement Settlement process. (b) OHA's right to recover Underexpenditures, Overexpenditures and Misexpenditures from COlmty under this Agreement is not subject to or conditioned on County's recovery of any money from any other entity. (c) If the exercise ofOHA's light to offset under this provision requires the County to complete a re-budgeting process, nothing in this provision shall be construed to prevent the County from fully complying with its budgeting procedures and obligations, or from implementing decisions resulting from those procedures and obligations. (d) Nothing in this provision shall be construed as a requirement or agreement by the County to negotiate and execute any future contract with OHA. Document date: 0311912014 Amendment # 09 -Revised Page 33 Reference # 008 I (e) Nothing in this Section shall be construed as a waiver by either party of any process or remedy that might otherwise be available. 2. Use of Financial Assistance. County shall use the financial assistance disbursed to County under this Agreement solely to cover actual Allowable Costs reasonably and necessarily incurred to deliver Services during the tenll ofthis Agreement. 3. Award Adjustments a. Except for MRS 37-Flexible Funding pursuant to Exhibit D-2, County may use -- funds awarded in a Program Area to cover actual Allowable Costs reasonably and necessarily incurred to deliver Services in that Program Area, from the effective date of this Agreement tlU'ough the termination or expiration of this Agreement. In addition to the financial assistance provided to County under this Agreement expressly for those Services, up to 10 percent of the aggregate fmancial assistance awarded to County at the time the use occurs (as such award is reflected in the Financial Assistance Award without giving effect to any prior adjustments under this Section 3 and other than from Federal Funds) County may use funds for other Services in that Program Area (other than financial assistance provided to County for MRS 26, MRS 27, MHS 37-Start-Up, A&D 61, A&D 6O-Start-Up, and A&D 82 which is not subject to this 10 percent use adjustment). If County uses financial assistance described in the Financial Assistance Award in reliance on this Section 3.a, County shall promptly notify in writing of such use. b. Financial Assistance disbursed to County under this Agreement that County would be entitled to retain if used prior to the termination or expiration ofthis Agreement (as calculated in accordance with the methodologies set f0l1h in the applicable Service Descriptions), may be retained by County even if not used prior to the termination or expiration of this Agreement provided that other provisions of this Agreement do not require the financial assistanc~ to be used by County prior to termination or expiration of this Agreement and provided further that County uses the financial assistance solely to deliver future Services for the purpose it was originally awarded. 4. Amendments Proposed by OHA. a. Amendments of Financial Assistance Award. County shall review al1 proposed amendments to the Financial Assistance Award prepared and presented to County by ORA in accordance with this Section promptly after County's receipt thereof. Amendments to the Financial Assistance Award will be presented to County in electronic form. aHA may withdraw a proposed amendment by and effective upon written notice to County. If not sooner accepted or rej ected by County, or withdrawn by aHA, a proposed amendment shaH be deemed rejected by County 60 days after COlmty's receipt thereof and OHA's offer to amend the Financial Assistance Award shall be automatically revoked. If County chooses to accept a proposed amendment presented in electronic form, County shall return the proposed amendment to aHA signed by the County Financial Assistance Administrator. Upon OHA's actual physical receipt and signature of a proposed amendment signed by the County Financial Assistance Administrator but otherwise unaltered, the proposed amendment shall be considered accepted by the Document date: 03/19/2014 Amendment # 09 -Revised Page 34 Reference # 008 ! I I I I i f f ! t l parties and the Financial Assistance Award as amended by the proposed amendment, shall become the Financial Assistanc~ Award under this Agreement. If County returns a proposed amendment altered in any way (other than by signature ofthe County Financial Assistance Administrator), OHA may, in its discretion, accept the proposed amendment as altered by County but only ifthe County Financial Assistance Administrator has initialed each alteration. A proposed amendment altered by County and returned to OHA shall be considered accepted by OHA on the date OHA initials each alteration and on that date the Financial Assistance Award, as amended by the proposed amendment (as altered). shaH become the Financial Assistance A ward. h. Othel' Amendments. County shall review all proposed amendments to this Agreement prepared and presented to County by OHA, other than those described in Section 4.a. of this Exhibit, promptly after County's receipt thereof. If County does not accept a proposed amendment within 60 days of County's receipt thereof, County shall be deenied to have rejected the proposed amendment and the offer to amend the Agreement, as set forth in the proposed amendment, shall be automatically revoked, IfCounty chooses to accept the proposed amendment, County shall return the pmposed amendment to OHA signed by a duly authorized County official. Upon OHA's actual physical receipt and signature of a proposed amendment signed by a duly authorized County official but otherwise unaltered, the proposed amendment shall be considered accepted by the parties and this Agreement shall be considered amended as set forth in the accepted amendment. If County returns a proposed amendment altered in any way (other than by signature of a'duly authorized County officiaO, OHA may. in its discretion, accept the proposed amendment as altered by County but only if a duly authorized County official has initialed each alternation. A pmposed amendment altered by County and returned to OHA shall be considered accepted by OHA on the date OHA initials each alteration and on that date this Agreement shall be considered amended as set f011h in the accepted amendment. 5. Provider Contracts. Except when the Service expressly requires the Service or a p011ion thereof to be delivered by County directly and subject to Section 6 of this Exhibit F, County may use financial assistance provided under this Agreement for a particular Service to pmchase that Service, or a p011ion thereof, fl:om a third person or entity (a "Provider") through a contract (a "Provider Contract"). Subject to Section 6 of this Exhibit F, County may pelmit a Provider to purchase the Service, or a portion thereof, from another person 01' entity under a subcontract and such subcontractors shall also be considered Providers for pm'poses of this Agreement and the subcontracts shall be considered Provider Contracts under this Agreement. County shall not pennit any person or entity to be a Provider unless the person or entity holds all licenses. certificates, authorizations and other approvals required by applicable law to deliver the Service. Except for MHS 20 emergency services, if County purchases a Service, or portion thereof, fmm a Provider, the Provider Contract must be in writing and contain each ofthe provisions set forth on Exhibit I, in substantially the form set forth therein, in addition to any other provisions that must be included to comply with applicable law, that must be included in a Provider Contract under the terms of this Agreement or that are necessary to implement Service delivery in accordance with the applicable Service Descriptions, Document date: 03/1912014 Amendment # 09 Revised Page 35 Reference # 008 Specialized Service Requirements and special conditions. County shall maintain an originally executed copy of each Provider Contract at its office and shall furnish a copy of any Provider Contract to aHA upon request. County may purchase MHS 20 emergency services according to County's policies and pay for these services upon receipt of an itemized invoice, purchase order, or other proper billing instrument evidencing the services rendered, or by a Provider Contract containing the provisions set forth in Exhibit I, if required by County policy. 6. Provider Monitol'ing. County shall monitor each Provider's delivery of Services and promptly report to aHA when County identifies a deficiency in a Provider's delivery of a Service or in a Provider's compliance with the Provider Contract between the Provider and County. County shall promptly take all necessary action to remedy any identified deficiency. County shall also monitor the fiscal penOlmance of each Provider and shall take all lawful management and legal action necessary to pursue this responsibility. In the event of a deficiency in a Provider's delivery of a Service or in a Provider's compliance with the Provider Contract between the Provider and County, nothing in this Agreement shall limit or qualify any right or authority OHA has J.mder state or federal law to take action directly against the Provider. 7. Alternative Formats and Translation of Written Materials, Interpreter Services. In connection with the delivery of Services, County shall: a. Make available to a Client, without charge to the Client, upon the Client's or .OHA's request, any and all written materials in alternate, if appropriate, formats as required by aHA's administrative mles or by aHA's written policies made available to County. b. Make available to a Client, without charge to the Client, upon the Client's or aHA's request, any and all written materials in the prevalent non~English languages in the area served by County's CMHP. c. Make available to a Client, without charge to the Client~ upon the Client's or OHA~s request, oral interpretation services in all non-English languages in the area served by County's CMHP. d. Make available to Clients with hearing impainnent, without charge to the Client~ upon the Client's or aHA'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 01" delivered in connection with the Services and all Provider Contracts related to this Agreement. 8. Reporting Requirements. If County delivers a Service directly, County shall prepare and furnish the following infomlation to aHA when that Service is delivered: a. Client~ Service and financial information as specified in the Service Description. b. All additional infonnation and reports that OHA reasonably requests. 9. Operation of CMHP. County shall operate or contract for the operation of a CMHP during the term of this Agreement. If County uses funds provided under this Agreement for a pa11icular Service, County shall include that Service in its CMHP from the date it Document dale: 03/19/2014 Amendment # 09 -Revised Page 36 Reference # 008 I I I I I f i t I begins using the funds for that Service until the earlier of (a) termination or expiration of this Agreement, (b) telmination by OHA ofOHA's obligation to provide financial assistance for that Service in accordance with Section 8 of Exhibit G or (c) tennination by the County, in accordance with Section 8 of Exhibit G, of County's obligation to include in its CMHP a Program Area that includes that Service. 10. OHA Reports. a. To the extent resources are available to OHA to prepare and deliver the infOlmation, OHA shall, during the term o~this Agreement, provide County with the following rep0l1s: (1) Summary repo11s to County and County's Providers from the CPMS, AMH Measures and Outcomes Tracking System (MOTS) data and other Client data rep011ed to OHA under this Agreement; and (2) Monthly repo11s to County that detail disbursement offinancial assistance under the Financial Assistance Award in Exhibit D-l and D-2 for the delivery of Services. b. OHA shall prepare and send to each Provider to whom OHA makes direct payments on behalf of County under this Agreement during a calendar year, an IRS Form 1099 for that year specifying the total payments made by OHA to that Provider. 11. Technical Assistance. Duling the term ofthis Agreement, OHA shall provide teclmical assistance to County in the delivery of Services to the extent resources are available to OHA for this purpose. If the provision oftechnical assistance to the County concerns a Provider, OHA may require, as a condition to providing the assistance, that County take all action with respect to the Provider reasonably necessary to facilitate the teclmical assistance. 12. Payment of Certain Expenses. If OHA requests that an employee of County or a Provider or a citizen of County attend OHA training or an OHA conference or business meeting and CQunty has obligated itself to reimburse the individual for travel expenses inclll1'ed by the individual in attending the training or conference, OHA may pay those travel expenses on behalf of County but only at the rates and in accordance with the reimbursement procedures set forth in the Oregon Accounting Manual (www.oregon.govIDAS/SCD/SARS/policies/oam/1O.35.00.PR.pdf?ga=t) as of the date the expense was incurred and only to the extent that OHA determines funds are available for such reimbursement. 13. Effect of Amendments Reducing Financial Assistance. If County and OHA amend this Agreement to reduce the amount of financial assistance awarded for a pat1icular Service, County is not required by this Agreement to utilize other County funds to replace the funds no longer received under this Agreement as a result of the amendment and County may, from and after the date of the amendment, reduce the quantity of that Service included in its CMHP commenSUl'ate with the amount of the reduction in financial assistance awarded for that Service. Nothing in the preceding sentence shall affect County's obligations under this Agreement with respect to financial assistance Document date: 03/1912014 Amendment # 09 -Revised Page 37 Reference # 008 actually disbursed by OHA under this Agreement or with respect to Sel'vices actually delivered. 14. Resolution of Disputes over Additional Financial Assistance Owed County After Termination or Expiration. If, after termination or expiration ofthis Agreement. County believes that OHA disbursements of financial assistance under this Agreement for a particular Service are less than the amount of financial assistance that OHA is obligated to provide to County under this Agreement for that Service. as determined in accordance with the applicable financial assistance calculation methodology, County shall provide OHA with written notice thereof. OHA shall have 90 calendar days from the,effective date of County's notice to pay County in full or notify County that it wishes to engage in a dispute resolution process. If OHA notifies County that it wishes to engage in a dispute resolution process. County and OHA's Deputy Director for Addictions and Mental Health Services Division shall engage in non-binding discussion to give OHA an opportunity to present reasons why it believes that it does not owe County any additional financial assistance or that the anlOunt owed is different than the amount identified by County in its notices, and to give County the opportunity to reconsider its notice. If OHA and County reach agreement on the additional amount owed to County, OHA shall promptly pay that amount to County. If OHA and County continue to disagree as to the amount owed. the parties may agree to consider further appropriate dispute resolution processes. including, subject to Department of Justice and County Counsel approval, binding arbitration. Nothing in this Section shall preclude the County from raising underpayment concems at any time prior to termination or expiration of this Agreement under Section 15 below. 15. Alternative Dispute Resolution. The parties should attempt in good faith to resolve any dispute arising out ofthis agreement. This may be done at any management level. including at a level higher than persons directly responsible for administration of the agreement. In addition, the pa11ies may agree to utilize a jointly selected mediator 01' arbitrator (for non-binding arbitration) to resolve the dispute short of litigation. 16. Purchase and Disposition of Equipment. a. For purposes of this section, "Equipment" means tangible, non-expendable personal propel1y having a useful life of more than one year and a net acquisition cost of more than $5,000 per unit. However, for purposes of infOlmation technology equipment, the monetary threshold does not apply (except as provided below for Software and storage devices). Information teclmology equipment shall be tracked for the mandatory line categories listed below: Network Personal Computer PrinterIPlottel' Server Storage device that will contain client infOlmation Storage device that will not contain client information, when the acquisition cost is $100 or more Software, when the acquisition cost is $100 or more Document date: 03119/2014 Amendment #I 09 -Revised Page 38 Reference # 008 b. For any Equipment authorized by OHA for purchase with funds fi'om this Agreement, ownership shaH be in the name ofthe County and County is required to accurately maintain the following Equipment inventory records: (l) description ofthe Equipment; (2) serial number; (3) where Equipment was purchased; (4) acquisition cost and date; and (5) location, use and condition of the Equipment County shall provide the Equipment inventory list to the Contract Administrator annually by June 30th of each year. County shall be responsible to safeguard any Equipment and maintain the Equipment in good repair and condition while in the possession of County or any subcontractors. COlmty shall depreciate all Equipment, with a value of more than $5,000, using the straight line method. c. Upon termination of this Agreement, or any Service thereof, for any reason whatsoever, County shall, upon request by OHA, immediately, or at such later date specified by OHA, tender to OHA any and all Equipment purchased with funds under this Agreement as OHA may require to be l'eturned to the State. At OHA's direction, County may be required to deliver said Equipment to a subsequent contractor for that contractor's use in the delivery of services formerly provided by County. Upon mutual agreement, in lieu of requiring County to tender the Equipment to OHA or to a subsequent contractor, OHA may require County to pay to OHA the current value ofthe Equipment. Equipment value will be determined as of the date of Agreement or Service termination. d. If funds from this Agreement are authorized by OHA to be used as a portion of the purchase price of Equipment, requirements relating to title, maintenance, Equipment inventory reporting and residual value shall be negotiated and the agreement reflected in a special condition authorizing the purchase. e. Notwithstanding anything herein to the contrary, County shall comply with 45 CFR 92.32, which, generally, describes the required maintenance, documentation, and allowed disposition of equipment purchased with federal grant fimds. 17. Nothing in this Agreement shall cause 01' require County or OHA to act in violation of state 0)' federal constitlltions, statutes, regulations or mles. The parties intend this limitation to apply in addition to any other limitation in this Agreement, including limitations in Section 1 of this Exhibit F. Document date: 0311912014 Amendment # 09 -Revised Page 39 Reference # 008 I I I Secure Mailbox -View Message Page 1 of2 Assisting people to become independent, healthy, and safe. Secure Mailbox ? HELP VIEW MESSAGE SUBlECT: I:J REVISED CMHP 141408-9 FROM: APRIL.D.BARRETT@dhsoha.state.or.us bonnie.baker@deschutes.org , Deann.carr@deschutes.org , loretta.gertsch@deschutes.org , nancy.mooney@deschutes.org , TO: conniet@deschutes.org , scottjohnson@deschutes.org , sherrip@deschutes.org , APRIL.O.BARRETT@dhsoha.state.or.us cc: Carmen.ARMENDARIZ@dhsoha.state.or.us SENT: Wed 19 Mar 2014 13:27:04 PDT EXPIRES: Fri 18 Apr 201413:27:05 PDT Reply Reply to All Good afternoon, It was brought to my attention I left out the OWITS Financial Award adjustment from this amendment. I have included the OWITS Financial Award adjustment as Exhibit 2 in the attached revised document. Please disregard the one originally sent to you by Tami Goertzen. Ifyou have any questions please let me know. Thank you, April D. Barrett, OPBC DHSIOHA Office of Contracts & Procurement Contracts Specialist 250 Winter Street NE Salem, OR 97301 *: (503) 945-5821 I *: april.d.barrett@state.or.us<mailto:april.d.barrett@state.or.us> DATE: March 19, 2014 TO: Scott Johnson, Director Deschutes County RE: Amendment #09 -Revised to the 2013-2015 Intergovernmental Agreement for the Financing of Community Addictions and Mental Health Services Agreement #141408 Enclosed is an amendment to the Agreement. NOTE: Payment for amendments returned to OHA by the 3rd Friday of every month are more https://secureemail.hr.state.or.us/messenger/def/twyurllNonUserPurLdo?x=d-1668558-Z... 3/20/2014 Secure Mailbox -View Message Page 2 of2 likely to be in the following month's allotment or electronic fund transfer. The instructions for processing this amendment are as follows: * Open and print the electronic file containing the amendment for signature by the appropriate authorized County Official(s). * Obtain the authorized signature(s) on the amendment and the "Document Return Statement". * E-mail or Fax only the signature page of the amendment and the completed, signed "Document Return Statement" to tami.j.goertzen@state.or.us or 503-373-7365. Following receipt by OHA of your signed amendment, OHA will route its copy of amendment to the official(s) who is/are authorized to execute the amendment. Once the amendment is signed OHA will scan the amendment and transmit to the appropriate County official. Ifyou have questions regarding this financial assistance award, please contact Carmen Armendariz, Addictions and Mental Health Services, at (503) 945-8995 or April D. Barrett, Office of Contracts and Procurement, at (503) 945-5821. Sincerely, April D. Barrett, OPBC Contracts Specialist Attachment(s) ATTACHMENT FILENAME TYPE SIZE Hypertext Markup messageBody.htm 56.89 KBLanguage File 141408-9 Document Return Microsoft Word 580.5 KBStatement (2).doc File Adobe Acrobat 141408-9 adb (2).pdf 2.58 MBDocument All Save Checked Files Please see the DHS Secure Email Ovel"View and FAQs web pages located at http:!{www.oreqo[l.gov/oha/admin/infosec/pages/secure email.aspx if you experience difficulty in viewing this message. https:llsecureemail.hr.state.or.us/messenger/def/twyurllNonUserPurl.do ?x=d-1668558-Z... 312012014