HomeMy WebLinkAboutDoc 305 - Pfiefer - Addiction Trmt SvcsDeschutes 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 June 6, 2012
Please see directions for completing this document on the next page.
DATE: May 30,2012
FROM: Lori Hill, Program Supervisor Phone: 541-322-7535
Health Services-Behavioral Health Division
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document #2012-305, renewing the contract between
Pfeiffer and Associates, Deschutes County Health Services and Deschutes County
Sheriff's Office.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
Contractor, Pfeifer & Associates is responsible for providing a continuum of addiction
treatment services to criminal offenders from the time they are incarcerated in the County
jail and after they are released into the community. Services must be provided in the jail
and Work Center and may include continued treatment after release from custody. Each
individual treatment plan is adapted to the current status of the offender within the
corrections system.
The maximum compensation under this Contract is $180,000, divided equally between
Deschutes County Health Services, Behavioral Health Division and Deschutes County
Sheriff's Office.
FISCAL IMPLICA liONS:
Maximum compensation is $180,000.
RECOMMENDAliON & ACTION REQUESTED:
Behavioral Health requests approval.
ATTENDANCE: Lori Hill, Adult Treatment Program Supervisor
DIS"rRIBUTION OF DOCUMENTS:
Executed copies to:
Nancy Mooney, Contract Specialist, Health Services
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements,
regardless of whether the document is to be on a Board agenda or can be signed by the County
Administrator or Department Director. If the document is to be on a Board agenda, the Agenda
Request Form is also required. If this form is not included with the document, the document will
be returned to the Department. Please submit documents to the Board Secretary for tracking
purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In
addition to submitting this form with your documents, please submit this form electronically to
the Board Secretary.)
Please complete all sections above the Official Review line.
Date: I May 16, 2012 I
Department: I Health Services, Behavioral Health I
Contractor/Supplier/Consultant Name: I Pfeifer & Associatesi I
Contractor Contact: I Sally Pfeifer I Contractor Phone #: I 541-383-4293 I
Type of Document: Personal Services Contract
Goods and/or Services: Pfeifer & Associates is a locally owned State Certified Drug & Alcohol I
Treatment program.
Background & History: Pfeifer & Associates provides full assessment individual and group
services in Redmond, Bend, La Pine and Madras. Their services include DUll, women's &
men's specific, intensive outpatient, education, skill building, information-only programs and
adolescent services. IThrough this contract, Pfeifer & Associates will be responsible for providing addiction treatment
services to criminal offenders from the time they are incarcerated in the County jail and after
they are released into the community. Services must be provided in the Jail and Work Center
and may include continued treatment after release from custody. Each individual treatment plan
is adapted to the current status of the offender within the corrections system.
The maximum compensation under this Contract is $180,000, divided equally between
Deschutes County Health Services, Behavioral Health Division and Deschutes County Sheriff's
Office.
Agreement Starting Date: I July 1, 2012 Ending Date: I June 30, 2013I I
Annual Value or Total Payment: [ Maximum compensation is $180,000 I
,
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Check all that apply:
D RFP, Solicitation or Bid Process
D Informal quotes «$150K) j[gJ Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
5116/2012 1,
Funding Source: (Included in current budget? [:gj Yes D No
If No , has budget amendment been submitted? DYes D No
Is this a Grant Agreement providing revenue to the County? DYes [:gj No
Special conditions attached to this g rant:
Deadlines for reporting to the grantor:
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a
grant-funded position so that this will be noted in the offer letter: DYes D No
Contact information for the person responsible for grant compliance: Name: D
Phone#: D
Departmental Contact and Title: Nancy England , Contract Specialist I
Phone #: I 541-322-7516 I
De pa rtm e nt D i recto r Ap prova I: ------->.,;::-t,.<-L'f--'--"'---
Date
Distribution of Document: Return both origin to Nancy England , Behavioral Health
Department.
Official Review:
County Signature Required (check one): 0 BOCC 0 Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, BOCC Order 1\10 . _____
Legal Review ~~ Date S /;;.s-It ~
Document Number =20~1~2~-~3=O=5_________
5/ 16 /201 2
REVIE~D ('--i~~~;jJ
L GAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Appointing a Financial Assistance ...
Administrator for Deschutes County Health ...
Services and Authorizing the County ... RESOLUTION NO. 2011·021
Administrator to Approve Related Contracts.
WHEREAS, Deschutes County, acting through the Health Services Department will enter into
contracts for the provision of health services and the perfonnance of physical health, behavioral health,
developmental disability and addiction services and environmental health services and the agreement
between the State of Oregon and Deschutes County requires that the County appoint a Financial
Assistance Administrator; and
WHEREAS, the Financial Assistance Administrator should be a person knowledgeable about the
available public health, environmental health and behavioral health services and capable of dealing with
a large volume of transactions in a timely manner; now therefore:
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. Scott Johnson, the Director of the Deschutes County Health Services Department, is duly
appointed as the Deschutes County Financial Assistance Administrator with respect to
contracts pertaining to the Health Services Department. Such appointment shall continue in
effect so long as Scott Johnson is an employee of the Deschutes County Health Services
Department and until a successor is appointed.
Section 2. By Board policy, the Financial Assistance Administrator is authorized to perfonn the
functions of such appointment and is charged with authorizing contracts as set forth in the
Health Services Department Financial Assistance Contract, Biennial Plan and Strategic Plan,
as adopted by the Board. The Health Services Department includes the Behavioral Health,
and Public Health divisions. The Financial Assistance Administrator may sign on behalf of
the Health Services Department contracts, subcontracts with third party service providers,
contract amendments, grants, and intergovernmental agreements, which do not exceed a
dollar amount of $50,000, and documents with no fiscal implications.
Section 3. The County Administrator may sign all contracts, subcontracts with third party service
providers, contract amendments, grants and intergovernmental agreements, in excess of
$50,000 but not to exceed $150,000.
PAGE 1 OF 2-RESOLUTION NO. 2011-021
DATED this :;;IS day of ~,2011.
BOARD OF COUNlY COMMlSSIONERS
OF DESCHUTES COUNTY. OREGON
-~-
ANTHONY DEBONE, Vice Chair
ATTEST:
~~
Recording Secretary ALAN UNGER, Commissioner
PAGE20F2-RESOLUTIONNO.2011"'()21
a;;;IE;;:::'
h
LEG COUNSEL
For Recording Stamp Only
DESCHUTES COUNTY SERVICES CONTRACT
CONTRACT NO. 2012-305
This Contract is made and entered into by and between Deschutes County , a political subdivision of the State of Oregon ,
by and through its Health Services Department and its Sheriff's Office , hereinafter referred to as "County", and Pfeifer &
Associates , 23 NW Greenwood Ave ., Bend , OR 97701, Federal Tax 10# : 93-1254885 , hereinafter referred to as
"Contractor". The parties agree as follows:
Effective Date and Termination Date. The effective date of this Contract shall be July 1, 2012 or the date, on which each
party has signed this Contract, whichever is later. Unless extended or terminated earlier in accordance with its terms, this
Contract shall terminate when County accepts Contractor's completed performance or on June 30, 2013, whichever date
occurs last. Contract termination shall not extinguish or prejudice County's right to enforce this Contract with respect to any
default by Contractor that has not been cured . This Agreement may be renewed or extended only upon written agreement of
the parties .
Statement of Work. Contractor shall perform the work described in Exhibit 1.
Payment for Work. County agrees to pay Contractor in accordance with Exh ibit 1.
Contract Documents. This Contract includes Page 1-12 and Exhibits 1, 1A, 1B, 2 , 3 , 4,5 ,6,7 and 8 .
CONTRACTOR DATA AND SIGNATURE
Contractor Address: 23 NW Greenwood Ave. , Bend , OR 97701
Federal Tax 10# or Social Security #: 93-1254885
Is Contractor a nonresident alien? DYes D No
Business Designation (check one) : D Sole Proprietorship D Partnership ~oration-for profit D Corporation-non-profit D Other, describe : LLC
A Federal tax 10 number or Social Security number is required to be provided by the Contractor and shall be used for the
administration of state , federal and local tax laws . Payment information shall be reported to the Internal Revenue Service
under the name and Fede ral tax 10 number or , if none , the Social Security number provided above.
I have read this Contract including the attached Exhibits. I understand this Co,otract and agree to be bound by its
,.... .~:.c._a..;..n_d_~_-"jD""~_~.:::~_. :.....:..._=,F-..:....-___
Title ...s;/i
Date l
terms . OTE : Contractor 0 sign Exhibits 3, 4 and=
DESCHUTES COUNTY SIGNATURE
Contracts with a maximum consideration of not greater than $25,000 are not valid and not binding on the County until
signed by the appropriate Deschutes County Department Head . Additionally, Contracts with a maximum consideration
greater than $50 ,000 but less than $150,000 are not valid and not binding on the County until signed by the County
Administrator or the Board of County Commissioners.
Dated this ___ of ________, 2012
An hony DeBone , Chair
Dated this dtl '/-P-....ec:-1----:;-' 2012
Larry Blanton,
Page 1 of 12-Behavioral Health -Personal Services Contract No . 2012-305 DC 2012 -30 5
STANDARD TERMS AND CONDITIONS
1. Time is of the Essence. Contractor agrees that time is of the essence in the performance of this Contract.
2. Compensation. Payment for all work performed under this Contract shall be made in the amounts and manner set
forth in Exhibit 1.
a. Payments shall be made to Contractor following County's review and approval of billings and deliverables
submitted by Contractor.
b. All Contractor billings are subject to the maximum compensation amount of this Contract.
c. Contractor shall not submit billings for, and County shall not pay, any amount in excess of the maximum
compensation amount of this Contract, including any reimbursable expenses, (See Exhibit 5).
1) If the maximum compensation amount is increased by amendment to this Contract, the amendment shall be
signed by both parties and fully executed before Contractor performs work subject to the amendment.
2) No payment shall be made for any services performed before the beginning date or after the expiration date of
this Contract.
d. This Contract shall not be amended after the expiration date.
e. Unless otherwise specifically provided in Exhibit 5, Contractor shall submit monthly invoices for work performed.
The invoices shall describe all work performed with particularity and by whom it was performed and shall itemize
and explain all expenses for which reimbursement is claimed.
f. The invoices also shall include the total amount invoiced to date by Contractor prior to the current invoice.
g. Prior to approval or payment of any billing, County may require and Contractor shall provide any information which
County deems necessary to verify work has been properly performed in accordance with the Contract.
h. Contractor shall not expend funds on the delivery of a service in excess of the amount reasonable and necessary to
provide quality service. Funds may only be used for the delivery of the service or services set out in this paragraph
unless written permission is granted to use the funds for other services in accordance with this Contract. Funds for
Alcohol and Drug Abuse Services may not be used for: (1) inpatient hospital services; (2) cash payments to intended
reCipients of health services; (3) to purchase or improve land, to purchase, construct or permanently improve (other
than minor remodeling) any building or other facility or to purchase major medical equipment; (4) to satisfy any
requirement for expenditure of non-federal funds as a condition for receipt of federal funds (whether the federal funds
are to be paid under this Agreement; (5) to provide financial assistance to any entity other than a public or non-profit
entity; (6) to carry out any program prohibited by section 245(b) of the Health Omnibus Programs Extension Act of
1988 (codified at 42 USC 300ee(5); and (7) expend amounts in excess of allowable costs under federal OMB Circular
A-133.
i. Contractor shall submit the final monthly expenditure report under this Contract no later than thirty (30) days following
the end of the fiscal year. Fiscal year shall be based on the period July 1 through June 30.
j. Expenditures of Contractor may be charged to this Contract only if they: (1) are in payment for services performed
under this Contract; (2) conform to applicable State and Federal regulations and statutes; (3) are in payment of an
obligation incurred during the period of this Contract; and (4) are not in excess of 100% of program costs. Any County
funds spent for purposes not authorized by this Contract shall be deducted from payments or refunded to County, at
County's option. Payments by County in excess of authorized actual expenditures shall be deducted from payment or
refunded to County no later than thirty (30) days after the expiration of this Contract. If Contractor fails to provide an
acceptable audit performed by a certified public accountant for federal funds received under this Contract, or if federal
authorities demand the repayment of federal funds received under this Contract, County may recover all federal funds
paid under this Contract, unless a smaller amount is disallowed or demanded. If Oregon Health Authority
(Department) disallows or requests repayment for any funds paid under this Contract due to Contractors' acts or
omissions, Contractor shall make payment to the County of the amount disallowed or requested. In the event that the
Department determines that County is responsible for the repayment of any funds owed to the Department by
Contractor, Contractor agrees to make such payment within ten days of notification by County or the Department of
said determination by the Department.
k. In the event that a statutorily required operating license or letter of approval is not extended or suspended, County's
obligation to provide reimbursement for services or program expenses hereunder related to services rendered without
the necessary license or approval will cease on the date of termination of this Contract (whether in whole or in part) or
the date of expiration or suspension of the license or letter of approval, whichever date is earlier.
Page 2 of 12-Behavioral Health Personal Services Contract No. 2012-305
3. Delegation, Subcontracts and Assignment. Contractor shall not delegate or subcontract any of the work required by
this Contract or assign or transfer any of its interest in this Contract, without the prior written consent of County.
a. Any delegation, subcontract, assignment, or transfer without prior written consent of County shall constitute a
material breach of this contract.
b. Any such assignment or transfer, if approved, is subject to such conditions and provisions as the County may
deem necessary.
c. No approval by the County of any assignment or transfer of interest shall be deemed to create any obligation of
the County to increase rates of payment or maximum Contract consideration.
d. Prior written approval shall not be required for the purchase by the Contractor of articles, supplies and services
which are incidental to the provision of services under this Contract that are necessary for the performance of the
work.
e. Any subcontracts that the County may authorize shall contain all requirements of this contract, and unless
otherwise specified by the County the Contractor shall be responsible for the performance of the subcontractor.
4. No Third Party Beneficiaries.
a. County and Contractor are the only parties to this Contract and are the only parties entitled to enforce its terms.
b. Nothing in this Contract gives or provides any benefit or right, whether directly, indirectly, or otherwise, to third
persons unless such third persons are individually identified by name in this Contract and expressly described as
intended beneficiaries of this Contract.
5. Successors in Interest. The provisions of this Contract shall be binding upon and inure to the benefit of the parties
and their successors and approved assigns, if any.
6. Early Termination. This Contract may be terminated as follows:
a. Mutual Consent. County and Contractor, by mutual written agreement, may terminate this Contract at any time.
b. Party's Convenience. County or Contractor may terminate this Contract for any reason upon 30 calendar days
written notice to the other party.
c. For Cause. County may also terminate this Contract effective upon delivery of written notice to the Contractor, or
at such later date as may be established by the County, under any of the following conditions:
1) If funding from state or other sources is not obtained and continued at levels sufficient to allow for the
purchase of the indicated quantity of services as required in this Contract.
2) This Contract may be modified to accommodate the change in available funds.
3) If state laws, regulations or guidelines are modified, changed or interpreted in such a way that the services are
no longer allowable or appropriate for purchase under this Contract or are no longer eligible for the funding
proposed for payments authorized by this Contract.
4) In the event sufficient funds shall not be appropriated for the payment of consideration required to be paid
under this Contract, and if County has no funds legally available for consideration from other sources.
5) If any license or certificate required by law or regulation to be held by the Contractor to provide the services
required by this Contract is for any reason denied, revoked, suspended, not renewed or changed in such a
way that the Contractor no longer meets requirements for such license or certificate.
d. Contractor Default or Breach. The County, by written notice to the Contractor, may immediately terminate the
whole or any part of this Contract under any of the following conditions:
1) If the Contractor fails to provide services called for by this Contract within the time specified or any extension
thereof.
2) If the Contractor fails to perform any of the other requirements of this Contract or so fails to pursue the work
so as to endanger performance of this Contract in accordance with its terms, and after receipt of written notice
from the County specifying such failure, the Contractor fails to correct such failure within 10 calendar days or
such other period as the County may authorize.
3) Contractor institutes or has instituted against it insolvency, receivership or bankruptcy proceedings, makes an
assignment for the benefit of creditors, or ceases dOing business on a regular basis.
e. County Default or Breach.
1) Contractor may terminate this Contract in the event of a breach of this Contract by the County. Prior to such
termination, the Contractor shall give to the County written notice of the breach and intent to terminate.
2) If the County has not entirely cured the breach within 10 calendar days of the date of the notice, then the
Contractor may terminate this Contract at any time thereafter by giving notice of termination.
Page 3 of 12-Behavioral Health -Personal Services Contract No. 2012-305
7. Payment on Early Termination. Upon termination pursuant to paragraph 6, payment shall be made as follows:
a. If terminated under subparagraphs 6 a. through c. of this Contract, the County shall pay Contractor for work
performed prior to the termination date if such work was performed in accordance with the Contract. Provided
however, County shall not pay Contractor for any obligations or liabilities incurred by Contractor after Contractor
receives written notice of termination.
b. If this Contract is terminated under subparagraph 6 d. of this Contract, County obligations shall be limited to
payment for services provided in accordance with this Contract prior to the date of termination, less any damages
suffered by the County.
c. If terminated under subparagraph 6 e of this Contract by the Contractor due to a breach by the County, then the
County shall pay the Contractor for work performed prior to the termination date if such work was performed in
accordance with the Contract:
1) with respect to services compensable on an hourly basis, for unpaid invoices, hours worked within any limits
set forth in this Contract but not yet billed, authorized expenses incurred if payable according to this Contract
and interest within the limits set forth under ORS 293.462, and
2) with respect to deliverable-based Work, the sum designated for completing the deliverable multiplied by the
percentage of Work completed and accepted by County, less previous amounts paid and any claim(s) that
County has against Contractor.
3) Subject to the limitations under paragraph 8 of this Contract.
8. Remedies. In the event of breach of this Contract the parties shall have the following remedies:
a. Termination under subparagraphs 6 a. through c. of this Contract shall be without prejudice to any obligations or
liabilities of either party already reasonably incurred prior to such termination.
1) Contractor may not incur obligations or liabilities after Contractor receives written notice of termination.
2) Additionally, neither party shall be liable for any indirect, incidental, consequential or special damages under
this Contract or for any damages of any sort arising solely from the termination of this Contract in accordance
with its terms.
b. If terminated under subparagraph 6 d. of this Contract by the County due to a breach by the Contractor, County
may pursue any remedies available at law or in equity.
1) Such remedies may include, but are not limited to, termination of this contract, return of all or a portion of this
Contract amount, payment of interest earned on this Contract amount, and declaration of ineligibility for the
receipt of future contract awards.
2) Additionally, County may complete the work either by itself, by agreement with another Contractor, or by a
combination thereof. If the cost of completing the work exceeds the remaining unpaid balance of the total
compensation provided under this Contract, then the Contractor shalf be liable to the County for the amount of
the reasonable excess.
c. If amounts previously paid to Contractor exceed the amount due to Contractor under this Contract, Contractor
shalf repay any excess to County upon demand.
d. Neither County nor Contractor shalf be held responsible for delay or default caused by fire, civil unrest, labor
unrest, riot, acts of God, or war where such cause was beyond reasonable control of County or Contractor,
respectively; however, Contractor shalf make all reasonable efforts to remove or eliminate such a cause of delay
or default and shall, upon the cessation of the cause, diligently pursue performance of its obligations under this
Contract. For any delay in performance as a result of the events described in this subparagraph, Contractor shalf
be entitled to additional reasonable time for performance that shall be set forth in an amendment to this Contract.
e. The passage of this Contract expiration date shalf not extinguish or prejudice the County's or Contractor's right to
enforce this Contract with respect to any default or defect in performance that has not been cured.
1. County's remedies are cumulative to the extent the remedies are not inconsistent, and County may pursue any
remedy or remedies singly, collectively, successively or in any order whatsoever.
g. Differences between a Contractor and County, or between contractors, will be resolved when possible at appropriate
management levels, followed by consultation between boards, if necessary. County's Director wilf have ultimate
responsibility for resolution of disagreements among subcontract agencies.
9. Contractor's Tender upon Termination. Upon receiving a notice of termination of this Contract, Contractor shalf
immediately cease all activities under this Contract unless County expressly directs otherwise in such notice of
termination.
a. Upon termination of this Contract, Contractor shall deliver to County all documents, information, works-in-progress
and other property that are or would be deliverables had this Contract been completed.
b. Upon County's request, Contractor shall surrender to anyone County designates, all documents, research, objects
or other tangible things needed to complete the work.
Page 4 of 12-Behavioral Health Personal Services Contract No. 2012-305
I
10. Work Standard.
a. Contractor shall be solely responsible for and shall have control over the means, methods, techniques, sequences
and procedures of performing the work, subject to the plans and specifications under this Contract and shall be
solely responsible for the errors and omissions of its employees, subcontractors and agents.
b. For goods and services to be provided under this contract, Contractor agrees to:
1) perform the work in a good, workmanlike, and timely manner using the schedule, materials, plans and
specifications approved by County;
2) comply with all applicable legal requirements;
3) comply with all programs, directives, and instructions of County relating to safety, storage of equipment or
materials;
4) take all precautions necessary to protect the safety of all persons at or near County or Contractor's facilities,
including employees of Contractor, County and any other contractors or subcontractors and to protect the
work and all other property against damage.
11. Drugs and Alcohol. Contractor shall adhere to and enforce a zero tolerance policy for the use of alcohol and the
unlawful selling, possession or use of controlled substances while performing work under this Contract.
12. Insurance. Contractor shall provide insurance in accordance with Exhibit 2 attached hereto and incorporated by
reference herein.
a. Prior to executing this Contract, the Contractor shall provide County the Certificates of Insurance, or copies of
Insurance policies and declarations, issued by an insurance company licensed to do business in the State of Oregon
as evidence of meeting insurance required under this paragraph.
b. Contractor shall immediately notify County if any insurance coverage required by this Contract will be canceled, not
renewed, restricted or modified in any way. Contractor shall immediately notify County orally of the cancellation or
restriction and shall confirm the oral notification in writing within three days of notification by the insurance company of
Contractor.
c. Thirty-day cancellation notice endorsement is required on all policies.
d. County reserves the right to require complete, certified copies of all required insurance policies at any time.
e. The insurance coverages provided for herein must be endorsed as primary and non-contributory to any insurance of
Owner, its officers, employees or agents.
13. Expense Reimbursement. If the consideration under this Contract provides for the reimbursement of Contractor for
expenses, in addition to Exhibit 5, Exhibit 1 shall state that Contractor is or is not entitled to reimbursement for such
expenses.
a. County shall only reimburse Contractor for expenses reasonably and necessarily incurred in the performance of
this Contract.
b. Expenses reimbursed shall be at the actual cost incurred; including any taxes paid, and shall not include any
mark-up unless the mark-up on expenses is specifically agreed to in this Contract.
c. The cost of any subcontracted work approved in this Contract shall not be marked up.
d. Contractor shall not bill County for any time expended to complete the documents necessary for reimbursement of
expenses or for payment under this Contract.
e. The limitations applicable to reimbursable expenses are set forth in Exhibit "5," attached hereto and by reference
incorporated herein.
14. Criminal Background Investigations. Contractor understands that Contractor and Contractor's employees and
agents are subject to periodic criminal background investigations by County and, if such investigations disclose
criminal activity not disclosed by Contractor, such non-disclosure shall constitute a material breach of this Contract and
County may terminate this Contract effective upon delivery of written notice to the Contractor, or at such later date as
may be established by the County.
15. Confidentiality. Contractor shall maintain confidentiality of information obtained pursuant to this Contract as follows:
a. Contractor shall not use, release or disclose any information concerning any employee, Individual, applicant or
person doing business with the County for any purpose not directly connected with the administration of County's
or the Contractor's responsibilities under this Contract except upon written consent of the County, and if
applicable, the employee, Individual, applicant or person.
b. Contractor shall ensure that its agents, employees, officers and subcontractors with access to County and
Contractor records understand and comply with this confidentiality provision.
Page 5 of 12-Behavioral Health -Personal Services Contract No. 2012-305
c. Contractor shall treat all information as to personal facts and circumstances obtained on Medicaid eligible
individuals as privileged communication, shall hold such information confidential, and shall not disclose such
information without the written consent of the individual, his or her attorney, the responsible parent of a minor child,
or the child's guardian, except as required by other terms of this Contract.
d. Nothing prohibits the disclosure of information in summaries, statistical information, or other form that does not
identify particular individuals.
e. Personally identifiable health information about applicants and Medicaid recipients will be subject to the
transaction, security and privacy provisions of the Health Insurance Portability and Accountability Act ("HIPM").
f. Contractor shall cooperate with County in the adoption of policies and procedures for maintaining the privacy and
security of records and for conducting transactions pursuant to HIPM requirements.
g. This Contract may be amended in writing in the future to incorporate additional requirements related to compliance
with HIPM.
h. If Contractor receives or transmits protected health information, Contractor shall enter into a Business Associate
Agreement with County, which, if attached hereto, shall become a part of this Contract.
i. Individually Identifiable Health Information about specific individuals is confidential. Individually Identifiable Health
Information relating to specific individuals may be exchanged between County and OHA for purposes directly
related to the provision of Services to Individuals which are funded in whole or in part under this Contract.
Contractor shall maintain the confidentiality of Individual records as required by applicable state and federal law,
including without limitation, ORS 179-495 to 179.507. 45 CFR Part 205, 42 CFR Part 2, any administrative rule
adopted by the Oregon Health Authority, implementing the foregoing laws, and any written pOlicies made available
to Contractor by County or by the Oregon Health Authority. Contractor shall create and maintain written policies
and procedures related to the disclosure of Individual information and shall make such policies and procedures
available to County and the Oregon Health Authority for review and inspection as reasonably requested by County
or the Oregon Health Authority.
16. Reports. Contractor shall provide County with periodic reports at the frequency and with the information prescribed by
County. Further, at any time, County has the right to demand adequate assurances that the services provided by
Contractor shall be in accordance with the Contract. Such assurances provided by Contractor shall be supported by
documentation in Contractor's possession from third parties.
a. Contractor shall document the expenditure of all funds paid to Contractor under this Contract. Unless applicable
federal law requires Contractor to utilize a different accounting system, Contractor shall create and maintain all
expenditure records in accordance with generally accepted accounting prinCiples and in sufficient detail to permit
County and the Oregon Health Authority to verify how the funds paid to Contractor under this Contract were
expended.
b. Contractor agrees to prepare and furnish such reports and data as may be required by County and the Oregon Health
Authority, including but not limited to Individual records which contain Individual identification, problem assessment,
Individual Service and Support Plan (including any training and/or care plan), appropriate medical information, and
Individual Service Notes, including a service termination summary and current assessment or evaluation instrument
as deSignated by the Oregon Health Authority in the administrative rules. Contractor shall retain Individual records in
accordance with OAR 166-150-0005 through 166-150-0215 (State Archivist). Unless OAR 166-150-0005 through
116-150-0215 requires a longer retention period, Individual records must be retained for a minimum of ten (10) years
from termination or expiration of this Contract. It is understood that due to the limited nature of Contractor's services
under this Contract, not all of these documents will have been prepared by Contractor and therefore need not be
furnished. Oregon Health Authority's Client Process Monitoring System (CPMS) data, Community Mental Health
Provider Report, and Termination Service Recording Form shall, if necessary, be completed in accordance with
Oregon Health Authority requirements and submitted to Oregon Health Authority through County. Contactor agrees
to, and does hereby grant County and the Oregon Health Authority the right to reproduce use and disclose for County
or Oregon Health Authority purposes, a\l or any part of the reports, data and technical information furnished to County
under this Contract. Contractor shall make available to County, Oregon Health Authority and any Individual of
Contractor as defined in Exhibit 1 of the Contract any and all written materials in alternate formats in compliance with
Oregon Health Authority's policies or administrative rules. For purposes of the foregoing, "written materials" includes,
without limitation, all work product and contracts related to this Contract.
c. Contractor shall prepare and furnish the following information to Department when a Service is delivered:
1) Individual, Service and financial information as specified in the Service Description.
2) All additional information and reports that Department or County reasonably requests.
Page 6 of 12-Behavioral Health -Personal Services Contract No. 2012-305
17. Access to Records. Contractor shall maintain fiscal records and all other records pertinent to this Contract
a. All fiscal records shall be maintained pursuant to generally accepted accounting standards, and other records shall
be maintained to the extent necessary to clearly reflect actions taken.
1) Contractor shall retain and keep accessible all books, documents, papers and records that are directly related
to this Contract, the funds paid to Contractor hereunder or to any services delivered hereunder, for a minimum
of six (6) years, or such longer period as may be required by other provisions of this Contract or applicable
law, following the termination or expiration of this Contract.
2) If an audit, litigation or other action involving this Contract is started before the end of the six-year (6) period,
the records shall be retained until all issues arising out of the action are resolved.
b. County, the Oregon Health Authority, the Secretary of State's Office of the State of Oregon, the Federal
Government, and their duly authorized representatives shall have the right to direct access to all of Contractor's
books, documents, papers and records related to this Contract, the funds paid to Contractor hereunder, or any
services delivered hereunder for the purpose of conducting audits and examinations, making copies, excerpts and
transcripts. In addition, Contractor shall permit authorized representatives of County and the Oregon Health
Authority to perform site reviews of all services delivered by Contractor hereunder.
1) These records also include licensed software and any records in electronic form, including but not limited to
computer hard drives, tape backups and other such storage devices. County shall reimburse Contractor for
Contractor's cost of preparing copies.
2) At Contractor's expense, the County, the Secretary of State's Office of the State of Oregon, the Federal
Government, and their duly authorized representatives, shall have license to enter upon Contractor's premises
to access and inspect the books, documents, papers, computer software, electronic files and any other
records of the Contractor which are directly pertinent to this Contract.
3) If Contractor's dwelling is Contractor's place of business, Contractor may, at Contractor's expense, make the
above records available at a location acceptable to the County.
18. Ownership of Work. All work of Contractor that results from this Contract (the "Work Product") is the exclusive
property of County.
a. County and Contractor intend that such Work Product be deemed "work made for hire" of which County shall be
deemed author.
b. If, for any reason, the Work Product is not deemed "work made for hire," Contractor hereby irrevocably assigns to
County all of its right, title, and interest in and to any and all of the Work Product, whether arising from copyright,
patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine.
c. Contractor shall execute such further documents and instruments as County may reasonably request in order to
fully vest such rights in County.
d. Contractor forever waives any and all rights relating to Work Product, including without limitation, any and all rights
arising under 17 USC § 106A or any other rights of identification of authorship or rights of approval, restriction or
limitation on use or subsequent modifications.
e, County shall have no rights in any pre-existing work product of Contractor provided to County by Contractor in the
performance of this Contract except an irrevocable, non-exclusive, perpetual, royalty-free license to copy, use and
re-use any such work product for County use only.
f. If this Contract is terminated prior to completion, and County is not in default, County, in addition to any other rights
provided by this Contract, may require Contractor to transfer and deliver all partially completed work products,
reports or documentation that Contractor has specifically developed or specifically acquired for the performance of
this Contract.
g. In the event that Work Product is deemed Contractor's Intellectual Property and not "work made for hire," Contractor
hereby grants to County an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce, prepare
derivative works based upon, distribute copies of, perform and display the Contractor Intellectual Property, and to
authorize others to do the same on County's behalf.
h. In the event that Work Product is Third Party Intellectual Property, Contractor shall secure on the County's behalf and
in the name of the County, an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce, prepare
derivative works based upon, distribute copies of, perform and display the Third Party Intellectual Property, and to
authorize others to do the same on County's behalf.
19. County Code Provisions. Except as otherwise specifically provided, the provisions of Deschutes County Code,
Section 2.37.150 are incorporated herein by reference. Such code section may be found at the following URL
address: http://www.deschutes.org/county-code.aspx.
Page 7 of 12-Behavioral Health -Personal Services Contract No. 2012-305
20. Partnership. County is not, by virtue of this Contract, a partner or joint venturer with Contractor in connection with
activities carried out under this Contract, and shall have no obligation with respect to Contractor's debts or any
other liabilities of each and every nature. Unless Contractor is a State of Oregon governmental agency,
Contractor agrees that it is an independent contractor and not an agent of the State of Oregon, the Oregon Health
Authority or County.
21. Indemnity and Hold Harmless.
a. To the fullest extent authorized by law Contractor shall defend (in the case of the state of Oregon and the Oregon
Health Authority, subject to ORS Chapter 180), save, hold harmless and indemnify the County, The State of
Oregon and the Oregon Health authority, their officers, employees and agents from and against all claims, suits,
actions, losses, damages, liabilities costs and expenses of any nature resulting from or arising out of, or relating to
the activities of Contractor or its officers, employees, contractors, or agents under this Contract, including without
limitation any claims that the work, the work product or any other tangible or intangible items delivered to County
by Contractor that may be the subject of protection under any state or federal intellectual property law or doctrine,
or the County's use thereof, infringes any patent, copyright, trade secret, trademark, trade dress, mask work utility
design or other proprietary right of any third party.
b. Contractor shall have control of the defense and settlement of any claim that is subject to subparagraph a of this
paragraph; however neither contractor nor any attorney engaged by Contractor shall defend the claim in the name
of Deschutes County or any department or agency thereof, nor purport to act as legal representative of the County
or any of its departments or agencies without first receiving from the County's legal counsel, in a form and manner
determined appropriate by the County's legal counsel, authority to act as legal counsel for the County, nor shall
Contractor settle any claim on behalf of the Count without the approval of the County's legal counsel.
c. To the extent permitted by Article XI, Section 10, of the Oregon Constitution and the Oregon Tort Claims Act, ORS
30.260 through 30.300, County shall defend, save, hold harmless and indemnify Contractor and its officers,
employees and agents from and against all claims, suits, actions, losses, damages, liabilities costs and expenses
of any nature resulting from or arising out of, or relating to the activities of County or its officers, employees,
contractors, or agents under this Contract.
22. Compliance with provisions, requirements of funding source and Federal and State laws, statutes, rules,
regulations, executive orders and policies. Debt Limitation. This Contract is expressly subject to the debt
limitation of Oregon counties set forth in Article XI, Section 10, of the Oregon Constitution, and is contingent upon
funds being appropriated therefore.
a. Any provisions herein, which would conflict with law, are deemed inoperative to that extent.
b. Contractor shall comply with all federal, state and local laws, regulations, executive orders and ordinances
applicable to the Contract.
c. Without limiting the generality of the foregoing, Contractor expressly agrees to comply with the following laws,
regulations and executive orders to the extent they are applicable to the Contract:
1) Titles VI and VII of the Civil Rights Act of 1964, as amended;
2) Sections 503 and 504 of the Rehabilitation Act of 1973, as amended;
3) the Americans with Disabilities Act of 1990, as amended and ORS 659A.112 through 659A.139;
4) Executive Order 11246, as amended;
5) the Health Insurance Portability and Accountability Act of 1996;
6) the Age Discrimination in Employment Act of 1967, as amended, and the Age Discrimination Act of 1975, as
amended;
7) the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended;
8) ORS Chapter 659A, as amended;
9) all regulations and administrative rules established pursuant to the foregoing laws; and
10) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and
regulations.
11) all federal law governing operation of Community Mental Health Programs, including without limitation, all
federal laws requiring reporting abuse of an Individual. These laws, regulations and executive orders are
incorporated by reference herein to the extent that they are applicable to the Contract and required by law to
be so incorporated. No federal funds may be used to provide services in violation of 42 USC 14402.
12) Contractor shall comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by
Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60).
13) If Contract maximum compensation, including amendments, exceeds $100,000 then Contractor shall comply
with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C.
1857 (h)), the Federal Water Pollution Control Act as amended (commonly known as the Clean Water Act) (33
Page 8 of 12-Behavioral Health -Personal Services Contract No. 2012-305
U.S.C. 1251 to 1387), specifically including, but not limited to Section 508 (33 U.S.C. 1368). Executive Order
11738, and Environmental Protection Agency regulations (2 CFR Part 1532), which prohibit the use under
non-exempt Federal contracts, grants or loans of facilities included on the EPA List of Violating Facilities.
Violations shall be reported to Oregon Health Authority, the State of Oregon Health (OHA), Human Services
(HHS) and the appropriate Regional Office of the Environmental Protection Agency.
14) Contractor shall comply with applicable mandatory standards and poliCies relating to energy efficiency that are
contained in the Oregon energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94-163).
d. The above listed laws, regulations and executive orders and all regulations and administrative rules established
pursuant to those laws are incorporated by reference herein to the extent that they are applicable to the Contract I.
I and required by law to be so incorporated .
e. Contractor shall comply with all mandatory standards and policies that relate to resource conservation and recovery
pursuant to the Resource Conservation and Recovery Act (codified at 42 USC 6901 et. seq.). Section 6002 of that
I Act (codified at 42 USC 6962) requires that preference be given in procurement programs to the purchase of specific t products containing recycled materials identified in guidelines developed by the Environmental Protection Agency.
Current guidelines are set forth in 40 CFR Parts 247-253.
f. Contractor shall comply with federal rules and statutes pertaining to the Substance Abuse, Prevention, and Treatment
Block Grant, including the reporting provisions of the Public Health Services Act (42 USC 300x through 300x-64).
Without limiting the generality of the preceding sentence, Contractor shall comply with the requirements set forth
below:
1) Women's Services. All Providers of A&D 61 and A&D 62 services (including Counties that provide
such services directly), must:
a) Treat the family as a unit and admit both women and their children if appropriate.
b) Provide or arrange for the following services to pregnant women and women with dependent
children:
1. Primary medical care, including referral for prenatal care;
2. Pediatric care, including immunizations, for their children;
3. Gender-specific treatment and other therapeutic interventions, e.g. sexual and physical
abuse counseling, parenting training, and child care;
4. Therapeutic interventions for children in custody of women in services and supports,
which address, but are not limited to, the children's developmental needs and issues of
abuse and neglect; and
5. Appropriate case management services and transportation to ensure that women and
their children have access to the services in (1) through (2) above.
2) Pregnant Women. All Providers of A&D services other than A&D 70 services (including Counties that
provide such services directly) must:
a) Within the priority categories, if any, set forth in a particular Service Description, give
preference in admission to pregnant women in need of services and supports who seek, or
are referred for, and would benefit from, such services;
b) Perform outreach to inform pregnant women of the availability of services and supports
targeted to them and the fact the at pregnant women receive preference in entry to these
programs;
c} If the Provider has insufficient capacity to provide services and supports to a pregnant
woman, refer the woman to another Provider with capacity or if no available services and
supports capacity can be located, refer the women to the Department's Office of Alcohol and
Drug Abuse programs for referral to another provider in the state.
3) Intravenous Drug Abusers. All Providers of A&D services other than A&D 70 services (including
Counties that provide such services directly) must:
a) Within the priority categories, if any, set forth in a particular Service Description and subject to
the preference for pregnant women described above, give preference in admission to
intravenous drug abusers;
b) If the Provider reaches 90 percent of its capacity to admit intravenous drug abusers, the
Provider must attempt to refer an intravenous drug abuser seeking admission, to another
Provider and provide notice of such referral or attempted referral to the Department's Office of
Alcohol and Drug Abuse Programs;
c} If the Provider receives a request for entry to services and supports from an intravenous drug
abuser, the Provider must, unless the Provider succeeds in referring the individual to another
Provider with services and supports capacity under the circumstances described in (2) above,
admit the individual to services and supports not later than:
Page 9 of 12-Behavioral Health -Personal Services Contract No. 2012-305
1) 14 days after the request for entry to Provider's services is made; or
2) 120 days after the date of such request if no provider has the capacity to admit the
individual on the date of such request and, if interim services are made available not less
than 48 hours after such request.
d) For purposes of (3) above, "Interim Services" means:
1) Services for reducing the adverse health effects of such abuse, for promoting the health
of the individual, and for reducing the risk of transmission of disease, including counseling
and education about HIV and tuberculosis, the risks of needle sharing, the risks of
transmission of disease to sexual partners and infants, and steps that can be taken to
ensure that HIV and tuberculosis transmission does not occur;
2) Referral for HIV to TB treatment services, where necessary; and
3) Referral for prenatal care if appropriate, until the individual is admitted to a Provider's
services.
4) Providers who treat recent intravenous drug users (those who have injected drugs within
the past year) in more than one-third of their capacity, shall carry out outreach activities to
encourage individual intravenous drug abusers in need of such services and supports to
undergo treatment, and shall document such activities.
4) Infectious Diseases. All Providers of A&D services other than A&D 70 services (including Counties
that provide such services directly) must:
a) Complete a risk assessment for infectious disease including Human Immunodeficiency Virus
(HIV) and tuberculosis, as well as sexually transmitted diseases, based on protocols
established by the Department, for every individual seeking services from the Provider; and
b) Routinely make tuberculosis services available to each individual receiving services for
alcohol/drug abuse either directly or through other arrangements with public or non-profit
entities and, if the Provider denies an individual admission on the basis of lack of capacity,
refer the individual to another provider of tuberculosis services.
c) For purposes of (2) above, "tuberculosis services" means:
1) Counseling the individual with respect to tuberculosis;
2) Testing to determine whether the individual has contracted such disease and testing to
determine the form of treatment for the disease that is appropriate for the individual; and
3) Provide or refer appropriate treatment.
5) Infectious Diseases. Neither County nor any Provider of A&D services shall knowingly and willfully
make or cause to be made any false statement or representation of a material fact in connection with
the furnishing of items or services for which payments may be made by the Department.
6) Oregon Residency. A&D services funded through this Agreement may only be provided to residents
of Oregon. Residents of Oregon are individuals who live in Oregon. There is no minimum amount of
time an individual must live in Oregon to qualify as a resident so long as the individual intends to
remain in Oregon. A child's residence is not dependent on the residence of his or her parents. A child
living in Oregon may meet the residency requirement if the caretaker relative with whom the child is
living is an Oregon resident.
7) Tobacco Use. All Providers of A&D services (including Counties that provide such services directly)
that have deSignated services and supports capacity for children, adolescents, pregnant women, and
women with dependent children must implement a policy to eliminate smoking and other use of
tobacco at the facilities where the services are delivered to on the grounds of such facilities.
8) Oregon Health Authority's Referrals. All providers of A&D Services other than A&D 70 services must,
within the priority categories, if any, set forth in a particular Service Description and subject to the
preference for pregnant women and intravenous drug users described above, give preference in
service delivery to persons referred by the Department.
9) Barriers to Services and Supports. Where there is a barrier to delivery of an A&D Service due to
culture, gender, language, illiteracy, or disability, Contractor shall develop support services available to
address or overcome the barrier, including:
a) Providing, if needed, hearing impaired or foreign language interpreters.
b) Providing translation of written materials to appropriate language or method of communication.
c) Providing devices that assist in minimizing the impact of the barrier.
d) Not charging Individuals for the costs of measures, such as interpreters, that are required to
provide nondiscriminatory services and supports.
10) Contractor shall not knowingly and willfully make or cause to be made any false statement or
representation of a material fact in connection with the furnishing of items or Services for which
payments may be made by Department.
Page 10 of 12-Behavioral Health -Personal Services Contract No. 2012-305
11) Contractor may not use the funds paid under this Contract for the following services:
e) To provide inpatient hospital services;
f) To make cash payments to intended recipients of health services;
g) To purchase or improve land, to purchase, construct or permanently improve (other than minor
remodeling) any building or other facility or to purchase major medical equipment;
h) To satisfy any requirement for expenditure of non-federal funds as a condition for receipt of
federal funds (whether the federal funds are received under this Contract or otherwise);
i) With respect to Substance Abuse Prevention and Treatment Block Grant moneys only, to
purchase services from any person or entity other than a public or non-profit entity; or
j) To carry out any program prohibited by section 245(b) of the Health Omnibus Programs
Extension Act of 1988 (codified at 42 USC 300ee(E).
12) Contractor may expend funds paid to Contractor under this Contract only in accordance with federal
OMB Circular A-8? as that circular is applicable to allowable costs.
13) To the extent Contractor provides any service whose costs are paid in whole or in part by Medicaid,
Contractor shall comply with the federal and state Medicaid statutes and regulations applicable to the
service, including but not limited to:
1) Keep such records as may be necessary to disclose the extent of services furnished to
Individuals and, upon request, furnish such records or other information to the Department,
the Medicaid fraud section of the Oregon Department of Justice and the Secretary of Health
and Human Services;
2) Comply with all applicable disclosure requirements set forth in 42 CFR Part 455, Subpart B;
3) Comply with any applicable advance directive requirements specified in 42 CFR Section
431.10?(b)(4); and
4) Comply with the certification requirements of 42 CFR Sections 455.18 and 455.19.
14) Contractor shall comply with the Pro-Children Act of 1995 (codified at 20 USC Section 6081 et. seq.).
23. Waiver.
a. County's delay in exercising, or failure to exercise any right, power, or privilege under this Contract shall not
operate as a waiver thereof, nor shall any single or partial exercise or any right. power, or privilege under this
Contract preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
b. The remedies provided herein are cumUlative and not exclusive of any remedies provided by law.
24. Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of Oregon
without regard to principles of conflicts of law.
a. Any claim, action, suit or proceeding (collectively, "Claim") between County and Contractor that arises from or
relates to this Contract shall be brought and conducted solely and exclusively within the Circuit Court of Deschutes
County for the State of Oregon; provided, however, if a Claim shall be brought in federal forum, then it shall be
brought and conducted solely and exclusively within the United States District Court for the District of Oregon.
b. CONTRACTOR, BY EXECUTION OF THIS CONTRACT, HEREBY CONSENTS TO THE IN PERSONAM
JURISDICTION OF SAID COURTS. The parties agree that the UN Convention on International Sales of Goods
shall not apply.
25. Severability. If any term or provision of this Contract is declared by a court of competent jurisdiction to be illegal or in
conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and
obligations of the parties shall be construed and enforced as if this Contract did not contain the particular term or
provision held invalid.
26. Counterparts. This Contract may be executed in several 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 Contract so executed shall constitute on original.
27. Notice. Except as otherwise expressly provided in this Contract, any communications between the parties hereto or
notices to be given hereunder shall be given in writing, to Contractor or County at the address or number set forth
below or to such other addresses or numbers as either party may hereafter indicate in writing. Delivery may be by
personal delivery, facsimile, or mailing the same, postage prepaid.
a. Any communication or notice by personal delivery shall be deemed delivered when actually given to the
deSignated person or representative.
Page 11 of 12-Behavioral Health -Personal Services Contract No. 2012-305
b. Any communication or notice sent by facsimile shall be deemed delivered when the transmitting machine
generates receipt of the transmission. To be effective against County, such facsimile transmission shall be
confirmed by telephone notice to the County Administrator.
c. Any communication or notice mailed shall be deemed delivered five (5) days after mailing. Any notice under this
Contract shall be mailed by first class postage or delivered as follows:
To Contractor: To County: To Sheriff's Office:
Sally Pfeifer Scott Johnson Captain Michael Espinoza
Pfeifer & Associates Deschutes County Health Services Deschutes County Sheriffs Office
23 NW Greenwood Ave. 2577 NE Courtney Dr. 63333 W Hwy 20
Bend, OR 97701 Bend, Oregon 97701 Bend, OR 97701
Phone No. 541-383-4293 Phone No. 541-322-7500 Phone No. 541-617-3378
28. Merger Clause. This Contract and the attached exhibits constitute the entire agreement between the parties.
a. All understandings and agreements between the parties and representations by either party concerning this
Contract are contained in this Contract.
b. No waiver, consent, modification or change in the terms of this Contract shall bind either party unless in writing
signed by both parties.
c. Any written waiver, consent, modification or change shall be effective only in the specific instance and for the
specific purpose given.
29. Identity Theft Protection. Contractor and subcontractors shall comply with the Oregon Consumer Identity Theft
Protection Act (ORS 646A.600 et seq.).
30. Survival. All rights and obligations shall cease upon termination or expiration of this Contract, except for the rights and
obligations set forth in Sections 4,5,8,9,15,17, 18,20-28,29 and 31.
31. Representations and Warranties.
a. Contractor's Representations and Warranties. Contractor represents and warrants to County that:
1) Contractor has the power and authority to enter into and perform this Contract;
2) this Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in
accordance with its terms;
3) Contractor has the skill and knowledge possessed by well-informed members of its industry, trade or
profession and Contractor will apply that skill and knowledge with care and diligence to perform the Work in a
professional manner and in accordance with standards prevalent in Contractor's industry, trade or profession;
4) Contractor shall, at all times during the term of this Contract, be qualified, professionally competent, and duly
licensed to perform the Work;
5) Contractor prepared its proposal related to this Contract, if any, independently from all other proposers, and
without collusion, fraud, or other dishonesty; and
6) Contractor's making and performance of this Contract do not and will not violate any provision of any applicable
law, rule or regulation or order of any court, regulatory commission, board or other administrative agency.
b. Warranties Cumulative. The warranties set forth in this paragraph are in addition to, and not in lieu of, any other
warranties provided.
Page 12 of 12-Behavioral Health -Personal Services Contract No. 2012-305
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I 1. Contractor shall perform the following work:
I Contractor shall screen and assess Individual for tobacco use, and offer tobacco cessation resources to
Individuals choosing to quit. Contractor shall provide Alcohol & Drug services as outlined in Exhibit 1A &
I Exhibit 1 B, attached.
A. REGULATIONS & DUTIES
i Contactor shall comply with all applicable provIsions of that certain 2011-2013 County Financial
Assistance Contract, as amended, including applicable Service Descriptions attached thereto, effective
I July 1, 2011, Contract #134309 between the State of Oregon acting by and through its Oregon Health
Authority (Department) and Deschutes County. Contractor agrees to comply with the rules and
regulations of County, applicable provisions in the Contract between County and the Department,
incorporated herein by reference, as of the effective date of the Contract, applicable provisions of the
I
I Administrative Rules and Procedures of the Department, applicable Federal regulations and all
provisions of Federal and State statutes, rules and regulations relating to Contractor's performance of
services under this Contract. Any act or duty of County, imposed upon County by Department, which,
by the nature of this Contract County determines to be within the scope of this Contract and is to be
I performed by Contractor, Contractor shall perform on behalf of County. No federal funds may be used
to provide services in violation of 42 USC 14402.
2. The maximum compensation.
!
i a. The maximum compensation under this Contract, including allowable expenses is $180,000. The
Sherriff's Office will pay $90,000 (as outlined in Exhibit 1-A) and Deschutes County Health Services shall
pay $90,000 (as outlined in Exhibit 1-B). When such funds are exhausted, County will endeavor to notify
Contractor and no further payment under this Contract will be made or required.
b. Contractor shall not submit invoices for, and County shall not pay for any amount in excess of the
l maximum compensation amount set forth above.
i 1) If this maximum compensation amount is increased by amendment of this Contract, the amendment
j
shall be fully effective before Contractor performs work subject to the amendment. i
i
~ 2) Contractor shall notify County in writing of the impending expiration of this Contract thirty (30)
calendar days prior to the expiration date.
i
~ c. Contractor shall be entitled to reimbursement for expenses as set forth in Exhibit 5 DYES l8J NO
[Check one]
I 3. Schedule of Performance or Delivery.
a. County's obligation to pay depends upon Contractor's delivery or performance in accordance with the
schedule listed in Exhibits 1A & 1B.
I
b. County will only pay for completed work that conforms to the terms of the Contract.
4. Renewal. This Contract may be renewed, subject to the following conditions:
a. Renewal will be based on the County Annual Implementation Plan approved by the Department. i
b. Renewal is subject to the availability of funding. I
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EXHIBIT 1
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2012-305
STATEMENT OF WORK, COMPENSATION
PAYMENT TERMS and SCHEDULE
Page 1 of 1 -Exhibit 1 -Personal Service Contract No.2012-305
EXHIBIT 1·A
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2012·305
IN CUSTODY ADDICTIONS TREATMENT
STATEMENT OF WORK, COMPENSATION
PAYMENT TERMS and SCHEDULE
1. Contractor shall perform the following work:
Contractor is responsible for providing a continuum of addiction treatment services to criminal offenders from
the time they are incarcerated in the County jail and after they are released into the community. Services will
be provided in the County jailor the Work Center and may be required to continue after release from
custody. Each Individual Service and Support Plan must be adapted to the current status of the offender
within the corrections system.
A. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS AND MAKING PAYMENTS
Contractor shall submit monthly reports following the end of each calendar month, but no later than thirty
(30) days following the end of the calendar month. The report, created by Contractor and approved by
County, shall include a summary of services, including, but not limited to, date of bill, amount billed, billing
period including month and year, amount billed year-to-date, names of clients enrolled and enrollment date.
All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail.
Contractor shall submit the final monthly report under this Contract no later than July 8, 2013. Notices, bills,
and payments sent by mail should be addressed as follows:
Contractor: Pfeifer & Associates
23 NW Greenwood Ave.
Bend, OR 97701 Phone: (541) 383-4293
Attn: Sally Pfeifer
County: Deschutes County Sheriff's Office
63333 W. Hwy 20 ME
Bend, OR 97701 Phone: (541) 617-3378
Attn: Captain Michael Espinoza
B. SERVICES TO BE PERFORMED
1. Services shall be provided and documented in a legible manner consistent with professional and
community standards of care. Throughout the term of this Contract, Contractor must:
a. Hold and attach a current copy of their non-provisional licenselletter or approval issued by the
State of Oregon, Addictions and Mental Health Division (AMH).
b. Be able to ensure equal access to services for Individuals with diverse cultural or language
requirements, geographic barriers, and/or transportation needs.
c. Maintain an accounting and financial management system which complies with generally
accepted accounting principles and which is adequate to meet federal and state government
requirements. The system must provide adequate documentation, monitoring, access and
reporting concerning the organization's financial position.
d. Obtain Sheriff Office approval prior to implementing a new inmate treatment program.
e. Obtain Sheriff Office approval for all volunteers and staff prior to volunteers and staff entering
the jailor work center. Sheriff approval is dependent on a criminal history check. Names, date
of birth and other needed personal information for each volunteer or staff member will be
provided. Volunteers who come to the jailor work center on a regular basis and all staff must
complete the jail volunteer program, provided by the Sheriff.
Page 1 of 3 -Exhibit 1 A -Personal Service Contract No.2012-305
f. All referrals to the addictions treatment program will originate with inmates at the Deschutes
County Jail. Referrals to Contractor's addictions program will be from those inmates who have
attended Contractor's initial motivational enhancement class. Contractor shall coordinate
closely with Jail staff to identify those Individuals most appropriate for referral to treatment slots.
Decisions regarding placement in one of the slots available under this Contract will be based on
Individual's motivation, risk for reoffending or return to jail, and lack of access to other resources
for treatment. The inmates referred to the addictions treatment programs shall be, determined
to be in need of addictions treatment and will have been sentenced for a term of at least three
(3) months. Jail staff and Contractor may refer an inmate with less than three (3) months on
their sentence if it is determined that the inmate would benefit from services and an opening
exists. At any time, and in addition to the conducting the motivational enhancement classes,
Contractor shall provide addictions treatment services to males located at the Work Center and
females located at the jail for a total of at least thirty-six (36) inmates per year.
Contractor agrees to remove from services and supports those inmates who represent a
physical or psychological safety risk to others or themselves until such time jail staff and
Contractor determine the inmate is safe to receive treatment services.
2. At a minimum, Contractor shall:
a. Appoint a treatment service coordinator to work with jail staff on scheduling, referrals, and other
treatment service issues.
b. Consult with Sheriffs Office staff regarding inmates who are appropriate to receive services
while incarcerated in jail facility and who meet criteria and eligibility (as stated in Paragraph 1 B
section f) to participate in treatment program.
c. Conduct pre-screening to prioritize inmates with most significant addiction issues, where
addiction is deemed a highly significant barrier to recovery and rehabilitation.
d. Provide an initial, pre-addiction treatment, motivational enhancement class for inmates in need
of services at the jailor work center. The on-going motivational class will consist of five (5) or
six (6) twice-weekly sessions with attendance by an average of ten (10) to fifteen (15) inmates,
lasting approximately an hour and a half.
e. Provide on-site addiction treatment services to female inmates in Deschutes County jail and to
male inmates in the Work Center. These on-site services shall include group sessions three (3)
or four (4) times a week and individual sessions at least one (1) time a week, each lasting
approximately an hour and a half.
f. Prior to an inmate being released from custody, complete an assessment to identify those
inmates at highest risk for relapse or re-offending and provide continued services and supports
post-release at a duration and intensity necessary to decrease the likelihood of recidivism.
g. Give a definite place and time for post-release services and supports when an inmate is
released from custody.
h. Provide services and supports to inmates who meet criteria and eligibility to partiCipate in
services and supports program on an open enrollment basis.
i. Enter data in Oregon Treatment Court Management System (OTCMS) on a monthly basis.
Submit outcome reports to Sheriff's Office and Behavioral Health Department. Outcome reports
will need to include information on abstinence, duration of treatment, and successful completion
within the constraints of both the County's privacy policies and all applicable laws.
j. Attend meetings with the Sheriff's Office, Behavioral Health Department, and Parole & Probation
Department for those inmates scheduled to be released and receive continued treatment.
These services will be performed under the direction and authority of the Deschutes County sheriffs Office
and Behavioral Health Division in close coordination with the Parole and Probation Department.
3. The maximum compensation.
Dependent upon successful quarterly review, the Sheriffs Office shall pay Contractor for in custody
treatment services on a fee-for service basis at a maximum rate of $7,500 monthly, separate from any
payment for post release treatment services. Monthly payment is dependent on Contractor
Page 2 of 3 -Exhibit 1A -Personal Service Contract No.2012-305
providing the Sheriffs Office with the number of inmates attending the motivational class and the
number of inmates enrolled in alcohol and services and supports programs for the prior month. The
maximum compensation for the services and supports under this Exhibit 1-A of the Contract is $90,000.
When this maximum compensation has been reached, no further payment under this portion of the
Contract will be made or required.
It is intended that the maximum compensation be expended in relatively equal monthly amounts to
assure a steady availability of service slots to inmates. In order to accomplish this, reimbursement will
be as follows:
a. No later than thirty (30) days after the end of each month, Contractor shall send to the Sheriffs
Office the names of inmates enrolled in services, their enrollment date, and type of services
provided. After receipt of this information, payment will then be issued for that month. A final list
of enrolled inmates shall be provided to the Sheriff's Office no later than July 8, 2013.
b. Contractor is expected to have an average of ten (10) to fifteen (15) inmates attend the
motivational class.
c. During the term of this Contract, Contractor is expected to provide alcohol and drl1g services
and supports to a minimum of thirty-six (36) inmates.
Upon approval of the amount of compensation to be paid each month by the Behavioral Health Division, the
Sheriff's Office shall be responsible for reimbursing Contractor for post release services as set out in Exhibit
1B.
Page 3 of 3 -Exhibit 1A Personal Service Contract No.2012-305
ACORDTM CERTIFICATE OF LIABILITY INSURANCE Date 1211 /2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Producer ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR
AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
US Risk Insurance Group COMPANIES AFFORDING COVERAGE
10210 North Central Expressway, Sui te 500 COMPANY
Dallas, TX 75231 A Underwriters at Lloyd's, London
INSURED COMPANY I
B
COMPANY
IPfeifer and Associates, Inc. C
23 NW. Greenwood Avenue COMPANY
!Bend, OR 97701 D
Coverages
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTAN DING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE I POLICY EXPIRA TION LIMITSlTR DATE (MMlDDJYVI) : DATE (MMJDD/YYj
GENERAL LIABILITY GENERAL /I.GGREGATE $ 3,000,000
IX GENERAL LI ABILITY PRODUCTS COMP/OP AGG $ incl in genl Agg
A CLAIMS MADE OCCUR PERSONAL & ADV INJURY $ N/A
O'VNER'S &CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000
FI'lE DAMAGE (Anyone fire) $ 50,000
NAI16?271934 1112112011 i11/2112012 MED EX? (Anyon€: person) $ 5,000
AUTOMOBILE LIABILITY IWANY AUTO
COMBINED SINGLE LIMIT $
i ALe OWNED AUTOS
i BODLY3SCHEDULED AUTOS (Pcr
i
rlIRE[1 ! !
! l'v)T}S i .•,;c,d9rl)
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I P;;'OPER -Y DAM AGE Ir-:~"'" ....~~~ $
~RAGE LIABILITY
I
AU-O :JNl Y EA ACCIDENT S i
~A.~' OTHER Th",N ~UT0 ONLY
EACH ACCIDENT $
AGGREGATE $ I
EXCESS LIABILITY EACH OCCURRENCE $-:
UM8'lELLA "ORM AGGREGATE $-_.
i O~HER THAN UN',BRELLA FORN' $
COMPENSA TlON AND
I
I WCS',\TJ'.I
1
0TH
TORY 1I MITS ER iLIABILITY
I EL EAC!i ACCI DENT $
I
PR0PRIETOPI INCL EL DISEASE, POLICY LIMIT $
D '''""C0'CA c ' n EXClOFFI CERS ARE EL I)SEASE -EA EMPLOYEE $
OTHER
A !pm"~iom'l Li,bdny
$ ClCIn 000
INA I 169271934 11/2112011 11/2112012 Sl nnn nnn Policy i\e:;5iC!;;dLC
DESCRIPTION OF OPERATIONS/LOCA -iONSIVEHIClES/SPECIAlITEMS
Outpatient Drug & Alcohol Consding
Certificate Holder
Deschutes County
2577l\'E Cortney Drive
Bend, OR 97701
A.cord25-S(l195)
Cancellation
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAil
30 DAYS WRlTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES,
AUTHORIZED REPRESENTATIVE
Acord Corporation, 1988
POLICY CHANGE ENDORSEMENT NO. 1
THIS ENDORSEMENT CHANGES THE POLICY -PLEASE READ IT CAREFULL Y
Company: Underwriters at Lloyds, London
Policy Number: NA0969279540
Policy Change Effective Date: 11/21/2009
Named Insured: Pfeifer & Associates Inc
Coverage Parts Affected: Professional Liability
It is hereby understood and agreed that the MM 413 CM&R Ed 0305 -Additional Insured -Designated
Person or Organization Endorsement in deleted in its entirety and replaced by the attached.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
By:
DA TE OF ISSUE: January 20, 2010/tms
ADDITIONAL INSURED
DESIGNATED PERSON OR ORGANIZATION
It is understood and agreed that Policy SECTION 111-WHO IS AN "INSURED" B. is amended to include
as an "Insured" the person or organization shown below as an "Insured" but only with respect to liability
arising out of your operations or premises owned by or rented to you.
Name of Person or Organization:
Deschutes County, its Officers, Agents, Employees and Volunteers
63360 Britta Street
Bend, OR 97701
Deschutes County Health Services
2577 NE Courtney Drive
Bend, OR 97701
All other terms and conditions remain unchanged.
Attached to and forming part of Policy No. NA0969279540 of Underwriters hereon.
Effective Date: November 21, 2009
Insured: Pfeifer and Associates, Inc.
For and on behalf of Underwriters:
U.S. Risk Underwr~ers
MM 413 CM&R By: _______________
Ed 0305 (Authorized Representative)
05/17/2012 11:41 F,~X !41 002/002
,t'ENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY we 000001
(Ed 1-04)
INFORMATION PAGE
~Type: INDIV I DUAL/sOLE PROPR I nOR FEIN: 031254685
"
/ /
Risk ID No.; DNO
Policy No.: WC4-3NC-502D7B-011
Suffix: S03
Prior Polley No.: WC4-3NC-502076-0 1 0
1. The Insured: SALLY PFEIFER
DBA: PFEIFER AND ASSOCIATES
Mailing Address: 23 NW GREENWOOD AVE
BEND OR 97701-2078
Other workplaces not shown above:
617 SW CASCADE ,REDMOND OR 97766
51470 HWV 97 NUM :lA,LA PINE OR 97734
2. The policy period Is from 9 101 '20 11 to 9/0 1 /20'2 12:01 a.m. standard time atthe address ofthe Insured as
stated above.
3. A. Workers Compensation Insurance: Part One of the policy applies to the Workers Compensation Law of the
states listed here: OR
B. Employers Liability Insurance: Part Two ofthe policy applies to work in each state listed in Item 3.A.
The limits of our liability under Part Two are:
Bodily Injury by Accident 5500,000 each accident
Bodily Injury by Disease $500 ,000 policy limit
Bodily Injury by Disease S600,OOO each employee
C. other States Insurance: Part Three of the policy applies to the states, if any, listed here:
For residual mar(et pol I~ies, the Oregon R~sidu.1 Market Limited Othmr Stutes Insurance
Endorsement-We 36 03 06 replaces Part Three-Other States Insurance of the pDlicy,
D. This policy includes these endorsements and schedules; (Sea Extension of Information Page -Item 3D)
4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates, and Rating Plans.
All information shown on the attached Extension of Information Page -Item 4 is subject to verification and change by
audit.
$266Minimum Premium:
Deposit Premium: $1,475
Total Estimated Policy Premium: / S2,079
Reporting Frequency: Semi-annually
Servicing/ls5uing Office: PORTLAND AIR
1103-30
Producer: I NSURANCE CENTER
62940 O.B. RILEV RD STE #1
Count.~ned by ~£. 141
BEND, OR 97701 Dexter Legg.
Vice President and Secretary
Uberty Northwest Insurance CorporatIon ~Lib&.tY ~NorthWest.
Memb<ir of Ubn11' Mutual GlVlIl'7/05/20'1 EFS kh
Exhibit 6
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2012-305
Compliance with provisions, reqUirements of funding source and
Federal and State laws, statutes, rules, regulations, executive orders and policies.
Conflicts of Interest
Contractor certifies under penalty of perjury that the following statements are true to the best of
Contractor's knowledge:
1. If Contractor is currently performing work for the County, State of Oregon or federal government, Contractor
by signature to this Contract declares certifies that; Contractor's Work to be performed under this Contract
create no potential or actual conflict of interest as defined by ORS 244 and no rules or regulations of
Contractor's employee agency (County State or Federal) would prohibit Contractor's Work under this
Contract. Contractor is not an "officer," "employee," or "agent" of the County, as those terms are used in
ORS 30.265.
2. Audits.
a. Contractor shall comply, if applicable, with the applicable audit requirements and responsibilities set
forth in the Office of Management and Budget Circular A-133 entitled "Audits of States, Local
Governments and Non-Profit Organizations."
b. Contractor shall also be required to comply with applicable Code of Federal Regulations (CFR)
sections and OMB Circulars governing expenditure of federal funds. State, local and Indian Tribal
Governments and governmental hospitals must follow OMB A-102. Non-profits, hospitals, colleges and
universities must follow 2 CFR Part 215. Sub-recipients shall be required to monitor any organization to
which funds are passed for compliance with CFR and OMB requirements.
3. No federally appropriated funds have been paid or shall be paid, by or on behalf of Contractor, to any person
for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an
officer or employee of Congress, or an employee of a member of Congress in connection with the awarding
of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
federal contract, grant, loan, or cooperative agreement.
a. If any funds other than federally appropriated funds have been paid or shall be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a member of Congress, an
officer or employee of Congress, or an employee of a member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, Contractor agrees to complete and submit
Standard Form-LLL "Disclosure Form to Report Lobbying," in accordance with its instructions.
1) Standard Form-LLL and instructions are located in 45 CFR Part 93 Appendix B.
2) If instructions require filing the form with the applicable federal entity, Contractor shall then as a
material condition of this Contract also file a copy of the Standard Form-LLL with the Oregon Health
Authority.
3) This filing shall occur at the same time as the filing in accordance with the instructions.
b. Contractor understands this certification is a material representation of fact upon which the County and
the Oregon Health Authority has relied in entering into this Contract. Contractor further understands that
submission of this certification is a prerequisite, imposed by 31 USC 1352 for entering into this Contract.
c. Any person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
d. Contractor shall include the language of this certification in the award documents for all sub-awards at all
tiers (including subcontracts, SUb-grants, and contracts under grants, loans and cooperative
agreements) and that all sub-recipients shall certify and disclose accordingly.
e. Contractor is solely responsible for all liability ariSing from a failure by Contractor to comply with the
terms of this certification.
Page 1 of 2 -Exhibit 6 to Personal Services Contract No. 2012-305
f. Contractor promises to indemnify County for any damages suffered by County as a result of Contractor's
failure to comply with the terms of this certification.
4. Contractor understands that, if this Contract involves federally appropriated funds, this certification is a
material representation of facts upon which reliance was placed when this Contract was made or entered
into, submission of this certification is a prerequisite for make or entering into this Contract imposed by
Section 1352, Title 311, U.S. Code and that any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure.
I
1
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I
I
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Page 2 of 2 -Exhibit 6 to Personal Services Contract No. 2012-305
Exhibit 7
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2012-305
CONFIDENTIALITY AGREEMENT
County will make available and/or transfer to Contractor certain Information, in conjunction with goods or
services that are being provided by Contractor to County that is confidential and must be afforded special
treatment and protection.
Contractor will have access to and/or receive from County certain Information that can be used or disclosed only
in accordance with this Agreement and the HHS Privacy Regulations.
To the extent required by 42 U.S.C. 1171 ef seq. enacted by the Health Insurance Portability and Accountability
Act of 1996 and regulations promulgated thereunder, Contractor assures County that Contractor will
appropriately safeguard protected health information made available to or obtained by Contractor.
Contractor further agrees to comply with applicable laws relating to protected health information and with respect
to any task or other activity Contractor performs on behalf of County, to the extent County would be required to
comply with such requirements.
For purposes of this Agreement, the following terms shall apply:
A. Contractor shall be considered a Contractor;
B. County shall be considered a COVERED ENTITY;
C. HHS Privacy Regulations shall mean the Code of Federal Regulations (C.F.R) at Title 45, Sections
160 and 164;
D. Individual shall mean the person who is the subject of the Information, and has the same meaning
as the term 'individual' is defined by 45 C.F.R 164.501; and
E. Secretary shall mean the Secretary of the Department of Health and Human Services (HHS) and
any other officer or employee of HHS to whom the authority involved has been delegated;
F. Information shall mean any health information provided and/or made available by County to
Contractor, and has the same meaning as the term 'health information' as defined by 45 C.F.R
160.102.
Contractor agrees it shall:
1. Not use or further disclose such information other than as permitted or required by this Agreement
Contractor shall not, except as necessary for the proper management, administration and performance
of its duties under this Agreement, use, reproduce, disclose, or provide to third parties, any confidential
document or information relating to the County, its members or to Individuals seeking services from
County or its members without the prior written consent or authorization of the County or of the
Individual. If Contractor uses such information for the purposes set forth above, it will only do so if the
disclosure is required by law or Contractor obtains reasonable assurances from the person to whom the
information is disclosed that it will be held confidentially and used or further disclosed only as required by
law or for the purpose for which Contractor disclosed it to the person. Contractor shall ensure that its
personnel, employees, affiliates and agents maintain the confidentiality of patient health information and I
business information of County.
J
2. Not use or further disclose the information in a manner that would violate the requirements of applicable I
law, if done by County; I
Page 1 of 2 -Exhibit 7 to Personal Services Contract No. 2012-305
J
r
3. Use appropriate safeguards to prevent use or disclosure of such information other than as provided for
by this Agreement;
4. Report to County any use or disclosure of such information not provided for by this Agreement of which
Contractor becomes aware;
5. Ensure that any subcontractors or agents to whom Contractor provides protected health information
received from County agree to the same restrictions and conditions that apply to Contractor with respect
to such information;
6. Make available protected health information in accordance with applicable law, i.e., the Code of Federal
Regulations (C.F.R.) at Title 45, Sections 160 and 164;
7. Maintain standard records, pursuant to this Agreement, and to provide such records and other
necessary information to the County as may be requested in writing and as permitted by law. Contractor
agrees that all records kept in connection with this agreement are subject to review and audit by the
County upon reasonable notice of a minimum of 14 work days from the date of written request by the
County.
8. Make Contractor's internal practices, books, and records relating to the use and disclosure of
protected health information received from County available to the Secretary of the United States
Health & Human Services for purposes of determining County's compliance with applicable law
(in all events, Contractor shall immediately notify County upon receipt by Contractor of any such
request, and shall provide County with copies of any such materials);
9. Upon termination of this Agreement, Contractor shall promptly return all protected health
information received from County. If the return of protected health information is not feasible,
Contractor shall continue the protections required under this contract to the protected health·
information consistent with the requirements of this Attachment and the HIPAA privacy
standards.
Date: S/d~natur : ~~..,..-._~Title(1~contract~ 4+
Page 2 of 2 -Exhibit 7 to Personal Services Contract No. 2012-305
Exhibit 8
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2012-305
REQlllRED PROVIDER CONTRACT PROVISIONS
Oregon Health Authority Exhibit H of 2011-2013 Intergovernmental Agreement #134309
1. Expenditure of Funds. Contractor may expend the funds paid to Contractor under this Contract solely
on the delivery of services as described in Exhibit 1 of this Contract ("Services"), subject to the following
limitations (in addition to any other restrictions or limitations imposed by this Contract):
a. Contractor may not expend on the delivery of Services any funds paid to Contractor under this
Contract in excess of the amount reasonable and necessary to provide quality delivery of Services.
b. If this Contract requires Contractor to deliver more than one service, Contractor may not expend
funds paid to Contractor under this Contract for a particular service on the delivery of any other
service.
c. If this Contract requires Contractor to deliver alcohol, drug abuse and addiction services, Contractor
may not use the funds paid to Contractor under this Contract for such services:
(1) To provide inpatient hospital services;
(2) To make cash payments to intended recipients of health services;
(3) To purchase or improve land, to purchase, construct or permanently improve (other than minor
remodeling) any building or other facility or to purchase major medical equipment;
(4) To satisfy any requirement for expenditure of non-federal funds as a condition for receipt of
federal funds (whether the federal funds are received under this Contract or otherwise);
(5) With respect to federal Substance Abuse Prevention and Treatment Block Grant moneys only, to
purchase services from any person or entity other than a public or non-profit entity; or
(6) To carry out any program prohibited by section 245(b) of the Health Omnibus Programs
Extension Act of 1988 (codified at 42 USC 300ee(5).
d. Contractor may expend funds paid to Contractor under this Contact only in accordance with federal
OMB Circular A-8? as that circular is applicable on allowable costs.
2. Records Maintenance, Access and Confidentiality.
a. Access to Records and Facilities. County, the Oregon Health Authority, the Secretary of State's
Office of the State of Oregon, the Federal Government, and their duly authorized representatives
shall have access to the books, documents, papers and records of Contractor that are directly
related to this Contract, the funds paid to Contractor hereunder, or any services delivered hereunder
for the purpose of making audits, examinations, excerpts, copies and transcriptions. In addition,
Contractor shall permit authorized representatives of County and the Oregon Health Authority to
perform site reviews of all services delivered by Contractor hereunder.
b. Retention of Records. Contractor shall retain and keep accessible all books, documents, papers,
and records, that are directly related to this Contract, the funds paid to Contractor hereunder or to
any services delivered hereunder, for a minimum of six (6) years, or such longer period as may be
required by other provisions of this Contract or applicable law, following the termination or expiration
of this Contract. If there are unresolved audit or other questions at the end of the six-year period,
Contractor shall retain the records until the questions are resolved.
c. Expenditure Records. Contractor shall document the expenditure of all funds paid to Contractor
under this Contract. Unless applicable federal law requires Contractor to utilize a different
Accounting system, Contractor shall create and maintain all expenditure records in accordance with
Page 1 of 4 -Exhibit 8 to Personal Services Contract No. 2012-305
generally accepted accounting principles and in sufficient detail to permit County and the Oregon
Health Authority to verify how the funds paid to Contractor under this Contract were expended.
d. Individual Records. Unless otherwise specified in this Contract, Contractor shall create and
maintain an Individual record for each Individual who receives services under this Contract. The
Individual record must contain:
(1) Individual identification;
(2) Problem assessment;
(3) Services and supports, training and/or care plan;
(4) Medical information when appropriate; and
(5) Service notes including service conclusion summary and current assessment or evaluation
instrument as deSignated by the Oregon Health Authority in administrative rules. Contractor
shall retain Individual records in accordance with OAR 166-150-0005 through 166-150-0215
(State Archivist). Unless OAR 166-150-0005 through 116-150-0215 requires a longer retention
period, Individual records must be retained for a minimum of ten (10) years from termination or
expiration of this Contract.
e. Safeguarding of Individual Information. Contractor shall maintain the confidentiality of Individual
records as required by applicable state and federal law, including without limitation, ORS 179.495 to
179.507,45 CFR Part 205,42 CFR Part 2, any administrative rule adopted by the Oregon Health
Authority, implementing the foregoing laws, and any written policies made available to Contractor by
County or by the Oregon Health Authority. Contractor shall create and maintain written policies and
procedures related to the disclosure of Individual information, and shall make such policies and
procedures available to County and the Oregon Health Authority for review and inspection as reasonably
requested by County or the Oregon Health Authority.
f. CPMS Enrollment (If Applicable to Contract). As specified in the Oregon Health Authority's Client
Process Monitoring System ("CPMS") manual (for Alcohol, Drug Abuse and Addiction Services or Mental
Health Services, as appropriate), Contractor shall enroll in CPMS, each Individual receiving a service
under this Contract and maintain that Individual's CPMS record as specified in the CPMS manual
available at !:J.nQ:/lwww.oregon.gov/OHNmentalhealth/publications/main.shtml
3. Alternative Formats of Written Materials. In connection with the delivery of Services, Contractor shall:
a. Make available to an Individual, without charge to the Individual, upon the Individual's, the County's
or the Oregon Health Authority's request, any and all written materials in alternate, if appropriate,
formats as required by the Oregon Health Authority's administrative rules or by the Oregon Health
Authority's written policies made available to Contractor.
b. Make available to an Individual, without charge to the Individual, upon the Individual's, County's or
the Oregon Health Authority's request, any and all written materials in the prevalent non-English
languages in the area served by Contractor.
c. Make available to an Individual, without charge to the Individual, upon the Individual's, County's or
the Oregon Health Authority's request. oral interpretation services in all non-English languages in the
area served by Contractor.
d. Make available to an Individual with hearing impairments, without charge to the Individual, upon the
Individual's, County's or the Oregon Health Authority's request, sign language interpretation services
and telephone communications access services. For purposes of the foregoing, "written materials"
includes, without limitation, all written materials created or delivered in connection with the services
and all subcontractor contracts related to this Contract.
4. Reporting Requirements. Contractor shall prepare and furnish the following information to County and
the Oregon Health Authority when a service is delivered under this Contract:
Page 2 of 4 -Exhibit 8 to Personal Services Contract No. 2012-305
a. Individual, service and financial information as specified in the applicable service description
attached hereto and incorporated herein by this reference.
b. All additional information and reports that County or the Oregon Health Authority reasonably
requests.
5. Compliance with Law. Contractor shall comply with all state and local laws, regulations, executive
orders and ordinances applicable to the Contract or to the delivery of services hereunder. Without
limiting the generality of the foregoing, Contractor expressly agrees to comply with the following laws,
regulations and executive orders to the extent they are applicable to the Contract:
(a) all applicable requirements of state civil rights and rehabilitation statutes, rules and regulations;
(b) all state laws governing operation of community mental health programs, including without limitation,
al/ administrative rules adopted by the Oregon Health Authority related to community mental health
programs;
(c) all state laws requiring reporting of Individual abuse; (d) ORS 659A.400 to 659A.409, ORS 659A.145
and all regulations and administrative rules established pursuant to those laws in the construction,
remodeling, maintenance and operation of any structures and facilities, and in the conduct of all
programs, services and training associated with the delivery of services under this Contract. These
laws, regulations and executive orders are incorporated by reference herein to the extent that they
are applicable to the Contract and required by law to be so incorporated. All employers, including
Contractor, that employ subject workers who provide services in the State of Oregon shall comply
with ORS 656.017 and provide the required Workers' Compensation coverage, unless such
employers are exempt under ORS 656.126. In addition, Contractor shall comply, as if it were County
thereunder, with the federal requirements set forth in Exhibit G to the certain 2011-2013
Intergovernmental Agreement for the Financing of Community Addictions and Mental Health
Services between County and the Oregon Health Authority dated as of July 1, 2011, which Exhibit is
incorporated herein by this reference. For purposes of this Contract, all references in this Contract to
federal and state laws are references to federal and state laws as they may be amended from time
to time.
6. Unless Contractor is a State of Oregon governmental agency, Contractor agrees that it is an
independent contractor and not an agent of the State of Oregon, the Oregon Health Authority or County
7. To the extent permitted by applicable law, Contractor shall defend (in the case of the state of Oregon
and the Oregon Health Authority, subject to ORS Chapter 180), save and hold harmless the State of
Oregon, the Oregon Health Authority, County, and their officers, employees, and agents from and
against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature
whatsoever resulting from, ariSing out of or relating to the operations of the Contractor, including but not
limited to the activities of Contractor or its officers, employees, subcontractors or agents under this
Contract.
8. Contractor understands that Contractor may be prosecuted under applicable federal and state criminal
and civil laws for submitting false claims, concealing material facts, misrepresentation, falsifying data
system input, other acts of misrepresentation, or conspiracy to engage therein.
9. Contractor shall only conduct transactions that are authorized by the County for transactions with the
Oregon Health Authority that involve County funds directly related to this Contract.
10. Contractor(s) that are not units of local government as defined in ORS 190.003 shall obtain, at
Contractor's expense, and maintain in effect with respect to all occurrences taking place during the term
of the Contract, insurance requirements as specified in Exhibit I of the certain 2011-2013
Intergovernmental Agreement for the Financing of Community Addictions and Mental Health Services
between County and the Oregon Health Authority dated as of July 1, 2011, which Exhibit is incorporated
herein by this reference.
Page 3 of 4 -Exhibit 8 to Personal Services Contract No. 2012-305
11 Contractor(s) that are not units of local government as defined in ORS 190.003, shall indemnify, defend,
save and hold harmless the State of Oregon and its officers, employees and agents ("Indemnitee") from
and against any and all claims, actions, liabilities, damages, losses, or expenses (including attorneys'
fees) arising from a tort (as now or hereafter defined in ORS 30.260) caused, or alleged to be caused, in
whole or in part, by the negligent or willful acts or omissions of Provider or any of the officers, agents,
employees or subcontractors of the contractor( "Claims"). It is the specific intention of the parties that the
Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or
omissions of the Indemnitee, be indemnified by the Contractor from and against any and all Claims.
12. Contractor shall include sections 1 through 10, in substantially the form set forth above, in all permitted
Contractor contracts under this Contract.
Date: c{....,7ft2..signature:~")C~~=::;~A~=__· Title EA ~ j}~.contr~
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Page 4 of 4 -Exhibit 8 to Personal Services Contract No. 2012-305 I
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EXHIBIT 1-B
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2012-305
POST RELEASE ADDICTIONS TREATMENT
STATEMENT OF WORK, COMPENSATION
PAYMENT TERMS and SCHEDULE
Definitions, laws, regulations as defined by the OAR's 309-032 are incorporated by reference herein to the extent
that they are applicable to the Contract and required by law to be so incorporated. In addition, the definitions,
laws and regulations as defined by the "Integrated Policies for Delivery of Behavioral Health Outpatient Services
and Supports" are incorporated into this Contract herein by reference.
1. Contractor shall perform the following work:
Contractor agrees to abide by the following in providing and receiving compensation under the post release
portion of this Contract. Contractor will report all information on post-release services to Deschutes County
Health Services. Compensation for post release services will be authorized by Deschutes County Health
Services.
A. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS AND MAKING PAYMENTS
Contractor shall submit monthly reports following the end of each calendar month, but no later than thirty
(30) days following the end of the calendar month. The report, created by Contractor and approved by
County, shall include a summary of services, including, but not limited to, date of bill, amount billed,
billing period including month and year, amount billed year-to-date, names of clients enrolled and
enrollment date. All notices, bills and payments shall be made in writing and may be given by personal
delivery or by mail. Contractor shall submit the final monthly report under this Contract no later than July
8, 2013. The end of year report shall include an outcome summary for each client enrolled in the
program under this Contract which will include discharge. Notices, bills, and payments sent by mail
should be addressed as follows:
Contractor: Pfeifer & Associates
23 NW Greenwood Ave.
Bend, OR 97701 Phone: (541) 383-4293
Attn: Sally Pfeifer
County: Deschutes County Health Services
2577 NE Courtney Drive
Bend, OR 97701 Phone: (541) 322-7516
Attn: Nancy England
B. Definitions: Ii
a. Low Incomellndigent: iFor the purposes of this Contract, an indigent is any person who is at or below 125% of the
federal poverty level as published by the US Department of Health and Human Services and
does not have sufficient money, credit, or property to be self-supporting.
b. Levell (Outpatient):
Outpatient treatment services provided to the individual in regularly scheduled face-to-face
therapeutic sessions. Such services may include individual, group and family counseling, as
well as long-term support for relapse prevention. Level I consists of 1-9 hours/week of
service.
Page 1 of 6 -Exhibit 1 B -Personal Service Contract No.20 12-305
c. Level II (Intensive Outpatient):
This level of service affords the individual the opportunity to remain in his or her existing
environment (social, familial, vocational), while still benefiting from a therapeutic, structured
program. It is an outpatient service consisting of at least nine hours of service per week for
individuals who meet the ASAM PPC 2R placement criteria for this level of care. Such
services may include individual, group and family counseling as well as long term support for
relapse prevention.
C. SERVICES TO BE PERFORMED
1. Provide Out-patient Alcohol and Drug Services to low-income, uninsured priority individuals who are
released from jail and/or work center. Outpatient services will include a combination of the following:
assessment, group and individual counseling, family education and services and supports, case
management (including coordination with Jail and Parole & Probation), relapse prevention and urinalysis
screening.
a. Participate in meetings as scheduled with Behavioral Health, Jail and Parole & Probation staff.
b. Provide annual reports on Individuals served, including successful treatment completion and
recidivism rates (new charges while in treatment and after treatment completion.)
2. County Services. County shall provide Contractor, at County's expense, with material and services
described as follows:
a. Services will be paid for based on a case rate as outlined under 3B. In addition to this case rate,
Contractor may charge the client a co-pay, depending upon Individual'S ability to pay. The co-pay will be
a maximum of $5 per visit. I
3. Consideration.
A To be eligible for services under these funds, Individual must have started services and supports while
incarcerated in the jailor work center, been released from jail, and been identified by jail staff and
Contractor staff as needing post-release services and supports. Individuals who receive services must
also qualify as low income as defined under 1 B (a). Contractor is responsible for determining eligibility,
based upon the criteria set forth or referred to herein. Contractor will need to have Individual complete
a financial application and verify income information with pay stubs, etc. to determine eligibility.
B. Case Rate Compensation:
a. Subject to the maximum monthly payment of $7500, as identified in Exhibit 1A, Contractor will
be paid a case rate of $1,875 per enrolled Individual. This rate will be paid for each Individual
who meets the criteria for either Levell or Level II A&D services (described 18) and is enrolled
in A&D services with the Office of Addictions and Mental Health Services under Client Process
Monitoring System (CPMS). Case rate will cover all services per enrollment episode regardless
of duration of treatment
b. If an Individual does not successfully engage in services and supports within thirty (30) days
after initial enrollment (as defined by attendance at a minimum of three (3) sessions within thirty
(30) days, Contractor agrees to enroll an additional Individual in services under the same case
rate slot, with no additional charge to the County.)
4 The Maximum compensation and payment method.
A The maximum compensation under the post release portion of this Contract is $90,000 -serving a
minimum of forty-eight (48) Individuals -and will consist of case rate payment only. When such funds
are exhausted, no further payment under this Contract will be made.
B. Contractor shall not submit invoices for, and County shall not pay for any amount in excess of the
maximum compensation amount set forth immediately above. If this maximum compensation amount is
increased by amendment of this Contract, the amendment shall first become fully effective before
Contractor performs work subject to the amendment Contractor shall notify County in writing of the
impending expiration of this Contract thirty (30) calendar days prior to the expiration date.
Page 2 of 6 -Exhibit 1 B -Personal Service Contract No.2012-305
C. It is intended that the maximum compensation be expended in relatively equal monthly amounts to
assure a steady availability of service slots to Individuals. In order to accomplish this, reimbursement wilt
be as follows:
.:. Contractor will enroll and be reimbursed for a maximum of four (4) Individuals per month under
this Contract. These will be new Individuals who enroll in post jail release A&D services in that
month .
•:. No later than thirty (30) days after the end of each month, Contractor shall send to County the
names of Individuals who have been enrolled under this Contract, enrollment date, and a
statement of eligibility as outlined in 3A. County shall then issue payment for that month .
•:. It is expected that Contractor will fill all four (4) slots each month. However, if four (4)
Individuals, who meet the criteria under 3A, do not apply for services in one month, Contractor
may carry the vacant slot into the next month. Contractor will not be reimbursed for any slots
over the monthly maximum of four (4) unless there have been unfilled slots from previous
months .
•:. The final list of enrolled Individuals will be sent to the County no later than July 8, 2013.
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Page 3 of 6 Exhibit 1 B -Personal Service Contract No.2012-305
EXHIBIT 1-B
DESCHUTES COUNTY SERVICES CONTRACT
Service Name: CONTINUUM OF CARE SERVICES
Service ID Code: A&D 66
Definitions, laws, regulations as defined by the OAR's 309-032 are incorporated by reference herein to the extent
that they are applicable to the Contract and required by law to be so incorporated. In addition, the definitions,
laws and regulations as defined by the "Integrated Policies for Delivery of Behavioral Health Outpatient Services
and Supports" are incorporated into this Contract herein by reference.
I. Service Description
Continuum of Care Services (A&D 66) are services delivered to youth and adults with substance use disorders.
The purpose of A&D 66 Services is to build upon resilience, assisting individuals to make healthier lifestyle
choices and to promote recovery from substance use disorders. A&D 66 Services consist of case management,
clinical care and continuing care delivered when therapeutically necessary and consistent with the developmental
and clinical needs of the individual. Continuum of Care Services (A&D 66) must be provided in a manner that is
informed by generally accepted research that has been applied to the populations served through this
Agreement. For purposes of A&D 66, case management, clinical care and continUing care have the following
meanings:
Case Management services are flexible, community-based, recovery and client-oriented services that enhance
the scope of the addiction treatment and recovery continuum by providing the individual with a single point of
contact for multiple health and social service systems and aSSisting the individual in advocating for his or her fneeds. Case management services assist the individual with needs that generally are thought to be outside the
realm of substance use disorder treatment. Case management services also assist individuals transitioning from
community settings to residential care and from residential care back to community settings. I
Clinical Care services are assessment, counseling and treatment services, meeting the Standards for I
Outpatient and Residential Alcohol and Drug Treatment Programs (set forth in OAR 309-032-1500 through 309
032-1565, as such rules may be amended from time to time). The services may also include medically
prescribed pharmacological agents approved by the U.S. Food and Drug Administration for the treatment of
substance use disorders, i.e., methadone, buprenorphine, acamprosate and naltrexone.
Continuing Care services are services provided to individuals in treatment to sustain their commitment to
recovery and consist of ongoing intermittent contact by the individual with a treatment Provider including, but not
limited to, telephone outreach, partiCipation in individual or group counseling, self help groups and programs, and
transitional housing. A&D 66 Services are provided at one of the following levels of care as therapeutically
necessary and consistent with the clinical need of the individual:
Level I (Outpatient) Non-residential treatment services provided to the individual in regularly scheduled face-to
face therapeutic sessions. This level of service consists of 1-6 hours per week of face-to-face therapeutic
sessions for adolescents and 1-9 hours per week for adults. Such services may include individual, group and
family counseling, as well as long-term support for recovery management including relapse prevention.
Level II (Intensive Outpatient) This level of service affords the individual the opportunity to remain in his or her
existing environment (social, familial, vocational), while still benefiting from a therapeutic, structured program. It
is a non-residential service consisting of at least nine hours of face-to-face contact per week for adults and at
least six hours of face-to-face contact per week for adolescents who meet the administrative rule placement
requirements (OAR 309-032-1525(3)(d)(F»for this level of care. Levell! Providers may provide evening services,
day treatment services, or partial hospitalization. Such Services may include individual, group and family
counseling, as well as medically-prescribed pharmacological agents.
Level III Non-medical Detoxification This level of service provides twenty-four hour observation, monitoring
and treatment for individuals who are suffering from alcohol or other drug intoxication or withdrawal. Subject to
the preference for pregnant women and intravenous drug users described in Exhibit G, Required Federal Terms
Page 4 of 6 -Exhibit 1 B -Personal Service Contract No.2012-305
and Conditions, County must give preference in A&D 66 service delivery to persons referred by OHA and
persons referred by Drug Treatment Courts within County's service area.
II. Performance Standards and Quality Measures
Providers of A&D 66 Services funded through this Contract must also have a current license issued by the OHA
in accordance with OAR 415-012-0000 through 415-012-0090. Providers of A&D 66 Continuing Care Levell and
II Services funded through this Agreement must comply with OAR 309-032-1500 through 309-032-1565 and
OAR 415-020-0000 through 415-020-0090; as such rules may be revised from time to time. Providers of A&D 66
Continuing Care Level III Services funded through this Agreement must comply with OAR 415-050-0000 through
415-050-0095; as such rules may be revised from time to time.
With respect to each individual that Provider serves with funds provided under this Agreement, Provider shall
deliver all A&D 66 Services therapeutically necessary for an eligible individual from the date Provider begins
serving the individual through the date set forth in the Financial Assistance Award.
A&D 66 Continuing Care Levell or Level II services provided to any individual enrolled in the Oregon Health Plan
for chemical dependency benefits are not eligible for payment under this Agreement. Providers must refer such
individuals to the identified health care service delivery provider for A&D 66 Services.
The quality of the A&D 66 Services supported with funds provide under this Agreement will be measured in
accordance with the criteria set forth below. These criteria are applied on a countywide basis each calendar
quarter (or portion thereof) during the period for which the funds are awarded for A&D 66 Services under this
Agreement. County must develop and implement quality assurance Iquality improvement processes to improve,
progressively as measured by the criteria set forth below, the quality of A&D 66 Services supported with funds
provided under this Agreement. OHA may recommend additional actions to improve quality.
Access: Access is measured by OHA as the percentage of County residents estimated by OHA surveys to need
treatment who are enrolled in A&D 66 Services.
Utilization: Utilization requirements for individuals receiving continuum of care services (non detox) will be
identified in a special condition subject to funds awarded in a particular line in the Financial Assistance Award,
Exhibit C. These funds are used to increase capacity and cannot be used to supplant already existing resources.
Engagement: Engagement is measured by OHA as the percentage of individuals receiving A&D 66 Services
with funds provided through this Agreement who enter treatment following positive assessment.
Retention: Retention is measured by OHA as the percentage of individuals receiving A&D 66 Services with
funds provided through this Agreement who are actively engaged in treatment for 90 days or more.
Reduced Use: Reduced use is measured by OHA as the percentage of individuals engaged in and receiving
A&D 66 Services with funds provided through this Agreement who reduce their use of alcohol or other drugs
during treatment, as reported in CPMS upon termination of treatment.
Completion: Completion is measured as the percentage of individuals engaged in and receiving A&D 66
Services with funds provided through this Agreement who complete two thirds of their treatment plan and are not
abusing alcohol or other drugs at the time services are terminated. Providers of A&D 66 Services funded through
this Agreement must partiCipate in client outcome studies conducted by OHA.
III. Special Reporting Requirements
All individuals receiving A&D 66 Services with funds provided under this Agreement must be enrolled in CPMS,
and the individual's CPMS record for A&D 66 Services must be maintained, as specified in OHA's CPMS manual
located at:
http://www.oregon.gov/OHNmentalhealth/publications/cpms-manual/ad2009cpmsmanual.pdf?ga==t
Page 5 of 6 -Exhibit 1 B -Personal Service Contract No.2012-305
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IV. Financial Assistance Calculation and Disbursement Procedures
The procedures for calculating and disbursing financial assistance from A&D 66 funds included in the Financial
Assistance Award are set forth below.
A) Calculation of Financial Assistance. OHA will provide financial assistance or A&D 66 Services identified in a
particular line of the Financial Assistance Award from funds identified on that line based on the number of
individuals to be served multiplied by the case rate per individual as specified in the special condition
identified in that line of the Financial Assistance Award subject to the following:
1) Total OHA financial assistance for A&D 66 Services delivered under a particular line in the Financial
Assistance Award shall not exceed the total funds awarded for A&D 66 Services as specified in that
line in the Financial Assistance Award.
2) OHA is not obligated to provide financial assistance for any A&D 66 Services for individuals who are
not properly reported through CPMS (or through other method permitted or
required by this Service Description or an applicable Specialized Service ReqUirement) by the date
60 days after the earlier of termination of this Agreement, termination of OHA's obligation to provide
financial assistance for A&D 66 Services, or termination of County's obligation to include the
Program Area, in which A&D 66 Services fall, in its CMHP.
B) Disbursement of Financial Assistance: Unless a different disbursement method is specified in that line of the
Financial Assistance Award, OHA will disburse the financial assistance awarded for A&D 66 Services in a
particular line of the Financial Assistance Award to County in substantially equal monthly allotments during
the period specified in that line of the Financial Assistance Award, subject to the following:
1) OHA may, after 30 days (unless parties agree otherwise) written notice to County, reduce the monthly
allotments based on under-used allotments identified through CPMS or through other reports required or
permitted by this Service Description or an applicable Specialized Service Requirement or Special Terms
and Conditions.
2) OHA may, upon written request of County, adjust monthly allotments.
3) Upon amendment to the Financial Assistance Award, OHA shall adjust monthly allotments as necessary,
to reflect changes in the funds awarded for A&D 66 Services on that line of the Financial Assistance
Award.
C) Agreement Settlement. Agreement Settlement will reconcile any discrepancies that may have occurred
during the term of this Agreement between actual OHA disbursements of funds awarded for A&D 66
Services under a particular line of the Financial Assistance Award and amounts due for such services based
on biennial utilization requirements as specified in the special condition identified in that line of the Financial
Assistance Award and the actual amount of individuals served under that line of the Financial Assistance
Award during the effective period of this contract, as properly reported in CPMS or through other method
permitted or required by this Service Description or an applicable Specialized Service Requirement.
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Page 6 of 6 -Exhibit 1 B -Personal Service Contract No.2012-305
EXHIBIT 2
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2012-305
INSURANCE REQUIREMENTS
Contractor shall at all times maintain in force at Contractor's expense, each insurance noted below.
Insurance coverage must apply on a primary or non-contributory basis. All insurance poliCies, except
Professional Liability, shall be written on an occurrence basis and be in effect for the term of this Contract.
Policies written on a "claims made" basis must be approved and authorized by Deschutes County.
Contractor Name: Pfeifer and Associates
Workers Compensation insurance in compliance with ORS 656.017, requiring Contractor and all subcontractors
to provide workers' compensation coverage for all subject workers, or provide certification of exempt status.
Worker'S Compensation Insurance to cover claims made under Worker's Compensation, disability benefit or any
other employee benefit laws, including statutory limits in any state of operation with Coverage B Employer's
Liability coverage all at the statutory limits. . In the absence of statutory limits the limits of said Employers liability
coverage shall be not less than $1,000,000 each accident, disease and each employee. This insurance must be
endorsed with a waiver of subrogation endorsement, waiving the insured's right of subrogation against County.
Professional Liability insurance with an occurrence combined single limit of not less than:
Per Occurrence limit Annual Aggregate limit
[2J $1.000,000 D $2,000,000
D $2,000,000 [2J $3,000,000
D $3,000,000 D $5,000,000
Professional Liability insurance covers damages caused by error, omission, or negligent acts related to
professional services provided under this Contract. The policy must provide extended reporting period coverage,
sometimes referred to as "tail coverage" for claims made within two years after the contract work is completed.
[2J Required by County D Not required by County (one box must be checked)
Commercial General Liability insurance with a combined single limit of not less than:
Per Single Claimant and Incident All Claimants Arising from Single Incident
[2J $1,000,000 D $2,000,000
D $2,000,000 [2J $3,000,000
D $3,000,000 D $5,000,000
Commercial General Liability insurance includes coverage for personal injury, bodily injury, advertiSing injury,
property damage, premises, operations, products, completed operations and contractual liability. The insurance
coverages provided for herein must be endorsed as primary and non-contributory to any insurance of County, its
officers, employees or agents. Each such policy obtained by Contractor shall provide that the insurer shall defend
any suit against the named insured and the additional insureds, their officers, agents, or employees, even if such
suit is frivolous or fraudulent. Such insurance shall provide County with the right, but not the obligation, to engage
its own attorney for the purpose of defending any legal action against County, its officers, agents, or employees,
and that Contractor shall indemnify County for costs and expenses, including reasonable attorneys' fees, incurred
or arising out of the defense of such action.
By separate endorsement, the policy shall name Deschutes County, the State of Oregon, the Oregon Health
Authority, their officers, agents, employees and volunteers as an additional insured.
The additional insured endorsement shall not include declarations that reduce any per occurrence or aggregate
insurance limit. The contractor shall provide additional coverage based on any outstanding claim(s) made against
policy limits to ensure that minimum insurance limits required by the County are maintained. Construction
contracts may include aggregate limits that apply on a "per location" or "per project" basis. The additional
insurance protection shall extend equal protection to County as to Contractor or subcontractors and shall not be
limited to vicarious liability only or any similar limitation. To the extent any aspect of this Paragraph shall be
deemed unenforceable, then the additional insurance protection to County shall be narrowed to the maximum
amount of protection allowed by law.
[2J Required by County D Not required by County (One box must be checked)
Page 1 of 2 -Exhibit 2 -Personal Services Contract No. 2012-305
Automobile Liability insurance with a combined single limit of not less than:
Per Occurrence
o $500,000
o $1,000,000
o $2,000,000
Automobile Liability insurance includes coverage for bodily injury and property damage resulting from operation of
a motor vehicle. Commercial Automobile Liability Insurance shall provide coverage for any motor vehicle (symbol
1 on some insurance certificates) driven by or on behalf of Contractor during the course of providing services
under this contract. Commercial Automobile Liability is required for contractors that own business vehicles
registered to the business. Examples include: plumbers, electricians or construction contractors. An Example of
an acceptable personal automobile policy is a contractor who is a sole proprietor that does not own vehicles
' registered to the business.
\ o Required b Count one box must be checked
Additional Requirements. Contractor shall pay all deductibles and self-insured retentions. A cross-liability clause
or separation of insured's condition must be included in all commercial general liability policies required by this
Contract. Contractor's coverage will be primary in the event of loss.
Certificate of Insurance Required. Contractor shall furnish a current Certificate of Insurance to the County with
the Signed Contract. Contractor shall notify the County in writing at least 30 days in advance of any cancellation,
termination, material change, or reduction of limits of the insurance coverage. The Certificate shall also state the
deductible or, if applicable, the self-insured retention level. Contractor shall be responsible for any deductible or
self-insured retention. If requested, complete copies of insurance policies shall be provided to the County.
For commercial general and automobile liability coverage, the Certificate shall also provide, by policy
endorsement, that Deschutes County, the State of Oregon, their agents, officers, employees and
volunteers are additional insureds with respect to Contractor's services provided under this Contract. The
endorsement must be in a format acceptable to Deschutes County. If requested, complete copies of insurance
policies shall be provided to the County.
Risk Management review Date
Page 2 of 2 -Exhibit 2 -Personal Services Contract No. 2012-305
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EXHIBIT 3
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2012-305
CERTIFICATION STATEMENT FOR CORPORATION
OR INDEPENDENT CONTRACTOR
NOTE: Contractor Shall Complete A or B in addition to C below:
A. CONTRACTOR IS A CORPORATION, LIMITED LIABILITY COMPANY OR A PARTNERSHIP.
I certify under penalty of perjury that Contractor is a [check one]:
~or r ti . ·te." lab' Company 0 P.rsh~ au!horiZed to do bu~~thl State of Oregon.
@. Qlr~ .....C;;f~IL
Tme D~e .
B. CONTRACTOR IS A SOLE PROPRIETOR WORKING AS AN INDEPENDENT CONTRACTOR.
Contractor certifies under penalty of perjury that the following statements are true:
1. If Contractor performed labor or services as an independent Contractor last year, Contractor filed federal and
state income tax returns last year in the name of the business (or filed a Schedule C in the name of the
business as part of a personal income tax return), and
2. Contractor represents to the public that the labor or services Contractor provides are provided by an
independently established business registered with the State of Oregon, and
3. All of the statements checked below are true.
NOTE: Check all that apply. You shall check at least three (3) -to establish that you are an
Independent Contractor.
A. The labor or services I perform are primarily carried out at a location that is separate from my
residence or primarily carried out in a specific portion of my residence that is set aside as the
location of the business.
B. I bear the risk of loss related to the business or provision of services as shown by factors such
as: (a) fixed-price agreements; (b) correcting defective work; (c) warranties over the services or
(d) indemnification agreements, liability insurance, performance bonds or professional liability
insurance.
C. I have made significant investment in the business through means such as: (a) purchasing
necessary tools or equipment; (b) paying for the premises or facilities where services are
provided; or (c) paying for licenses, certificates or specialized training.
D. I have the authority to hire other persons to provide or to assist in providing the services and if
necessary to fire such persons.
E. Each year I perform labor or services for at least two different persons or entities or I routinely
engage in business advertising, solicitation or other marketing efforts reasonably calculated to
obtain new contracts to provide similar services.
Contractor Signature Date
Page 1 of 2 -Exhibit 3 -Personal Services Contract No. 2012-305
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C. Representation and Warranties.
Contractor certifies under penalty of perjury that the following statements are true to the best of
Contractor's knowledge:
1. Contractor has the power and authority to enter into and perform this Contract;
2. This contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable
in accordance with its terms;
3. The services under this Contract shall be performed in a good and workmanlike manner and in accordance
with the highest professional standards; and
4. Contractor shall, at all times during the term of this Contract, be qualified, professionally competent, and duly
licensed to perform the services.
5. To the best of Contractor's knowledge, Contractor is not in violation of any tax laws described in ORS
305.380(4 ),
6. Contractor understands that Contractor is responsible for any federal or state taxes applicable to any
consideration and payments paid to Contractor under this Contract; and
7. Contractor has not discriminated against minority, women or small business enterprises in obtaining any
required subcontracts.
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Page 2 of 2 -Exhibit 3 -Personal Services Contract No. 2012-305
EXHIBIT 4
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2012-305
Workers' Compensation Exemption Certificate
(To be used only when Contractor claims to be exempt from Workers' Compensation coverage requirements)
Contractor is exempt from the requirement to obtain workers' compensation insurance under ORS Chapter 656 for the following reason
(check the appropriate box):
• Contractor has no employees; all work is performed by volunteers, and
• Contractor shall not hire employees to perform this contract.
o PARTNERSHIP
• Contractor is a partnership, and
• Contractor has no employees, and
• All work shall be performed by the partners; Contractor shall not hire employees to perform this contract, and
• Contractor is not engaged in work performed in direct connection with the construction, alteration, repair,
improvement, moving or demolition of an improvement to real property or appurtenances thereto.
o LIMITED LIABILITY COMPANY
• Contractor is a limited liability company, and
• Contractor has no employees, and
• All work shall be performed by the members; Contractor shall not hire employees to perform this contract, and
• If Contractor has more than one member, Contractor is not engaged in work performed in direct connection with
the construction, alteration, repair, improvement, moving or demolition of an improvement to real property or
appurtenances thereto.
'NOTE: Under OAR 436-050-050 a shareholder has a "substantial ownership" interest if the shareholder owns 10% of the corporation or,
if less than 10% is owned, the shareholder has ownership that is at least equal to or greater than the average percentage of ownership of
all shareholders.
'·NOTE: Under certain circumstances partnerships and limited liability companies can claim an exemption even when performing
construction work. The requirements for this exemption are complicated. Consult with County Counsel before an exemption request is
acce~;;n:traPf-~h+~nstru~tionX' ~~
cont~~p~in~_r(~__ ~~e IZ ~________
Contractor Title Date
Page 1 of 1 -Exhibit 4 -Personal Services Contract No. 2012-305
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Ito SOLE PROPRIETOR
• Contractor is a sole proprietor, and
• Contractor has no employees, and
• Contractor shall not hire employees to perform this contract.
~RPORAT\ON • FOR PROFIT
• Contractor's business is incorporated, and
• All employees of the corporation are officers and directors and have a substantial ownership interest' in the
corporation, and
• The officers and directors shall perform all work. Contractor shall not hire other employees to perform this
contract. t
o CORPORAnON -NONPROFIT
• Contractor's business is incorporated as a nonprofit corporation, and I
EXHIBIT 5
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2012-305
Expense Reimbursement
1. Travel and Other Expenses. (When travel and other expenses are reimbursed.)
a. It is the policy of the County that all travel shall be allowed only when the travel is essential to the normal
discharge of the County responsibilities.
1) All travel shall be conducted in the most efficient and cost effective manner resulting in the best
value to the County.
2) Travel expenses shall be reimbursed for official County business only.
3) County shall not reimburse Contractor for any item that is not otherwise available for reimbursement
to an employee of Deschutes County per Deschutes County Finance Policy F-1,
"REIMBURSEMENT FOR MISCELLANEOUS EXPENSES AND EXPENSES INCURRED WHILE
TRAVELING ON COUNTY BUSINESS," dated 11/8/06.
4) County may approve a form other than the County Employee Reimbursement Form for Contractor to
submit an itemized description of travel expenses for payment.
5) Personal expenses shall not be authorized at any time.
6) All expenses are included in the total maximum contract amount.
b. Travel expenses shall be reimbursed only in accordance with rates approved by the County and only
when the reimbursement of expenses is specifically provided for in Exhibit 1, paragraph 3 of this
Contract.
c. The current approved rates for reimbursement of travel expenses are set forth in the above described
policy.
d. County shall not reimburse for any expenses related to alcohol consumption or entertainment.
e. Except where noted, detailed receipts for all expenses shall be provided.
f. Charge slips for gross amounts are not acceptable.
g. County shall not reimburse Contractor for any item that is not otherwise available for reimbursement to
an employee of Deschutes County.
2. Approved reimbursements:
a. Mileage. Contractor shall be entitled to mileage for travel in a private automobile while Contractor is
acting within the course and scope of Contractor's duties under this Contract and driving over the most
direct and usually traveled route to and from Bend, Oregon.
1) Reimbursement for mileage shall be equal to but not exceed those set by the United States General
Services Administration ("GSA") and are subject to change accordingly.
2) To qualify for mileage reimbursement, Contractor shall hold a valid, current driver's license for the
class of vehicle to be driven and carry personal automobile liability insurance in amounts not less
than those required by this contract.
3) No mileage reimbursement shall be paid for the use of motorcycles or mopeds.
b. Meals.
1) Any reimbursement for meals shall be for actual cost of meals incurred by Contractor while acting
within the course and scope of Contractor's duties under this contract.
2) For purposes of calculating individual meals where the Contractor is entitled only to a partial day
reimbursement, the following maximum allocation of the meal expenses applies:
a) Breakfast, $10;
b) Lunch, $12;
c) Dinner, $22.
3) Except in the event of necessary overnight travel as provided below, partial day meal expenses shall
be reimbursed as follows and only while Contractor is acting within the course and scope of
Contractor's duties under this contract:
a) Breakfast expenses are reimbursable if Contractor is required to travel more than two (2) hours:
before the start Contractor's regular workday (i.e. 8:00 a.m.).
b) Lunch expenses are reimbursable only if Contractor is required to travel overnight and begins
the journey before 11 :00 am or ends the journey after 11 :00 a.m.
c) Dinner expenses are reimbursable only if Contractor is required to travel more than two (2)
hours after Contractor's regular workday (i.e. 5:00 p.m.).
Page 1 of 2 -Exhibit 5 to Personal Services Contract No. 2012-305
4) Breakfast and dinner expenses are reimbursable during Contractor's necessary overnight travel
while acting within the course and scope of Contractor's duties under this contract and shall not
exceed those set by the GSA and are subject to change accordingly.
c. Lodging. I
1) County shall reimburse Contractor for Contractor's actual cost of lodging necessary to provide
service to the County and shall not exceed the maximum lodge set by the GSA for Bend, Oregon.
2) Reimbursement rates for lodging are not considered "per diem" and receipts are required for
reimbursement
d County shall not reimburse Contractor in excess of the lowest fair for any airline ticket or vehicle rental
charges.
3. Exceptions. Contractor shall obtain separate written approval of the County Administrator for any
exceptions to the expense items listed above prior to incurring any expense for which reimbursement shall
be sought. i
Page 2 of 2 -Exhibit 5 to Personal Services Contract No. 2012-305