HomeMy WebLinkAboutInmate Drug-Alcohol Treatment-CounselingDeschutes 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 11, 2008
Please see directions for completing this document on the next page.
DATE: June 3, 2008
FROM: Sue Brewster / Lori Hill SO/Mental Health 385-1714 or 322-7535
TITLE OF AGENDA ITEM:
Service Contract No. 2008-284 between Deschutes County by and through the Sheriff's Office and
Mental Health and Pfeifter and Associates.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
The Notice of Intent to Award Contract to Pfeifer and Associates has already been signed. The
agreement is a two part contract. Deschutes County by and through its Sheriffs Office will pay Pfeifer
and Associates to provide in -custody drug and alcohol treatment/counseling. Deschutes County Mental
Health will pay Pfeifer and Associates to continue out -of -custody drug and alcohol treatment and
counseling services.
FISCAL IMPLICATIONS:
The contract is for 13 months. The Sheriffs Office and Mental Health each agree to compensate Pfeifer
and Associates an amount not to exceed $ 97,500.00 ( for a total of $ 195,000) for services rendered.
RECOMMENDATION & ACTION REQUESTED:
Approve and Sign the Contract for the Inmate Treatment and Recovery Program.
ATTENDANCE: Lori Hill / Capt. Ruth Jenkin.
DISTRIBUTION OF DOCUMENTS:
Return signed originals to Lori Hill and Sue Brewster, and Sally Pfeifer, 23 NW Greenwood Ave.,
Bend, Oregon, 97701, 383-4293.
Pfeifer & Associates
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.)
Date:
Please complete all sections above the Official Review line.
June 4, 2008
Contact Person:
Sue Brewster/Lori Hill
Contractor/Supplier/Consultant Name:
Department:
Phone #:
DCSO Legal
385-1714 or 322-7535
Goods and/or Services: The Notice of Intent to Award Contract has already been
signed. This is a two part contract. Deschutes County by and through it's Sheriffs
Office will pay Pfeifer and Associates to provide in -custody drug and alcohol
treatment/counseling. Deschutes County Mental Health will pay Pfeifer and Associates
to continue out -of -custody drug and alcohol treatment and counseling services.
Background & History: The Notice of Intent to Award Contract has already been
signed. This is a two part contract. Deschutes County by and through it's Sheriffs
Office will pay Pfeifer and Associates to provide in -custody drug and alcohol
treatment/counseling. Deschutes County Mental Health will pay Pfeifer and Associates
to continue out -of -custody drug and alcohol treatment and counseling services.
Agreement Starting Date:
June 16, 2008
Ending Date:
June 30, 2009
Annual Value or Total Payment: The contract is for 13 months. The Sheriffs Office ani
Mental Health each agree to compensate Pfeifer and Associates an amount not to exceed
$ 97,500.00 ( for a total of $ 195,000 ) for services rendered.
❑ Insurance Certificate Received check box)
Insurance Expiration Date:
Check all that apply:
X RFP, Solicitation or Bid Process
❑ Informal quotes (<$150K)
❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? X Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes ❑ No
Departmental Contact: Sue Brewster/Lori Hill Phone #:
Title:
DCSO Legal / Mental Health
Department Director Approval:
ign
385-1714/3227535
Date
6/4/2008
Distribution of Document: Include complete information if document is to be mailed.
Official Review:
County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K)
X Administrator (if >$25K but <$150K; if
>$150K, BOCC Order No.
Legal Review � ' v ��'-`'pat -
Document Number 2008-284
6/4/2008
For Recording Stamp Only
DESCHUTES COUNTY SERVICES CONTRACT
CONTRACT NO. 2008-284
This Contract is between DESCHUTES COUNTY (County) by and through the Sheriffs Office and Mental Health
Department and PFEIFER & ASSOCIATES (Contractor). The parties agree as follows:
Effective Date and Termination Date. The effective date of this Contract shall be June 16, 2008 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, 2009, 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 riot been cured.
Statement of Work. Contractor shall perform the work described in Exhibit 1-A and 1-B.
Payment for Work. County agrees to pay Contractor in accordance with Exhibit 1.
Contract Documents. This Contract includes Page 1-9 and Exhibits 1, 1-A, 1-B, 2, 3, 4, 5 and 6.
CONTRACTOR DATA AND SIGNATURE
Contractor Address: 23 NW Greenwood, Bend OR 97701
Federal Tax ID# 93-1254885
Is Contractor a nonresident alien? ❑Yes X No
Business Designation (check one): Sole Proprietorship ❑ Partnership
❑ Corporation -for profit ❑ Corporation -non-profit ❑ Other, describe
A Federal tax ID number or Social Security number is required to be provided by the Contractor and shall be used for the
administration of state, federal and local tax laws. Payment information shall be reported to the Internal Revenue Service
under the name and Federal tax ID number or, if none, the Social Security number provided above.
I have read this Contract including the attached Exhibits. I understand this Contract and agree to be bound by its
terms. NOTE: Contractor shall also ibits 3 and 4 and, if applicable, Exhibit 6.
Sigyratury"
�i
Name (please pr" t)
ATTEST:
Title
'fy- t' tUr
og
Date
DESCHUTES COUNTY SIGNATURE
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, Chair
TAMMY (BANEY) MELTON, Vice Chair
Recording Secretary MICHAEL M. DALY, Commissioner
Page 1 of 9 — Personal Services Contract No. 2008-284
Dated this of ,.> , 2008 Dated this Lt of `, W"{/ , 2008
DES HUTES COUNTY SHERIFF
Lar B):nto
Page 2 of 9 — Personal Services Contract No. 2008-284
DESCHUTES COyNTY MENTAL HEALTH DIRECTOR
1
Scott Johnso
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 as set forth in Exhibit 1.
a. Payments shall be made to Contractor following County's review and approval of billings submitted by Contractor.
Contractor shall also submit copies of other billings for work performed under this Contract when such bills are to
be paid by other parties.
b. These other 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
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. 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. All invoices submitted by Contractor 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.
g. The invoices also shall include the total amount invoiced to date by Contractor prior to the current invoice.
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 that
shall be attached to the original contract.
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 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 Contract, )r, 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 fo• 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.
Page 3 of 9 — Personal Services Contract No. 2008-284
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.
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.
b. County shall not, however, pay Contractor for any obligations or liabilities incurred by Contractor after Contractor
receives written notice of termination.
c. 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 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. In no event shall County be liable to Contractor for any expenses related to
termination of this Contract or for anticipated profits.
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, C aunty
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 cf this
Contract amount, payment of interest earned on this Contract amount, and declaration of ineligibility fcc r the
receipt of future contract awards.
2) Additionally, County may complete the work either 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
Page 4 of 9 — Personal Services Contract No. 2008-284
compensation provided under this Contract, then the Contractor shall pay to the County the amount of the
reasonable excess.
c. In addition to the remedies in paragraphs 6 through 8 of this Contract for a breach by the Contractor, the County
also shall be entitled to any other equitable and legal remedies that are provided by law.
d. If previous amounts paid to Contractor exceed the amount due to Contractor under this Contract, Contractor shall
repay any excess to County upon demand.
e. If the County breaches this Contract, Contractor's sole monetary remedy shall be
1) with respect to services compensable on an hourly basis, a claim for unpaid invoices, hours worked within any
limits set forth in this Contract but not yet billed, authorized expenses incurred and interest within the limits set
forth under ORS 293.462, and
2) with respect to deliverable -based Work, a claim for 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. In no event shall County be liable to Contractor for any expenses related to
termination of this Contract or for anticipated profits.
f. Neither County nor Contractor shall be held responsible for delay or default caused by fire, civil unrest, labor
unrest, riot, acts of God, or war where such cause was beyond reasonable control of County or Contractor,
respectively; however, Contractor shall make all reasonable efforts to remove or eliminate such a cause of delay
or default and shall, upon the cessation of the cause, diligently pursue performance of its obligations under this
Contract.
g. For any delay in performance as a result of the events described in subparagraph f., Contractor shall be entitled to
additional reasonable time for performance that shall be set forth in an amendment to this Contract.
h. The passage of this Contract expiration date shall not extinguish or prejudice the County's or Contractor's right to
enforce this Contract with respect to any default or defect in performance that has not been cured.
i. 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.
9. Contractor's Tender upon Termination. Upon receiving a notice of termination of this Contract, Contractor shall
immediately cease all activities under this Contract unless County expressly directs otherwise in such notice of
termination.
a. Upon termination of this Contract, Contractor shall deliver to County all documents, information, works -in -progress
and other property that are or would be deliverables had this Contract been completed.
b. Upon County's request, Contractor shall surrender to anyone County designates, all documents, research, objects
or other tangible things needed to complete the work.
10. Work Standard.
a. Contractor shall be solely responsible for and shall have control over the means, methods, techniques, sequences
and procedures of performing the work, subject to the plans and specifications under this Contract and shall be
solely responsible for the errors and omissions of its employees, subcontractors and agents.
b. For goods and services to be provided under this contract, Contractor agrees to:
1) perform the work in a good, workmanlike, and timely manner using the schedule, materials, plans and
specifications approved by County;
2) comply with all applicable legal requirements;
3) comply with all programs, directives, and instructions of County relating to safety, storage of equipment or
materials;
4) take all precautions necessary to protect the safety of all persons at or near County or Contractor's facilities,
including employees of Contractor, County and any other contractors or subcontractors and to protect the
work and all other property against damage.
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 drugs while performing work under this Contract.
12. Insurance. Contractor shall provide insurance in accordance with Exhibit 2 attached hereto and incorporated by
reference herein.
13. Expense Reimbursement. If the consideration under this Contract provides for the reimbursement of Contractor for
expenses, in addition to Exhibit 5, Exhibit 1 shall state that Contractor is or is not entitled to reimbursement for such
expenses.
Page 5 of 9 — Personal Services Contract No. 2008-284
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 maximum amounts for certain reimbursable expenses are set forth in Exhibit "5," attached hereto and by
reference incorporated herein.
14. Criminal Background Investigations. Contractor understands that Contractor is 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, client, 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, client, applicant or person.
b. The Contractor shall ensure that its agents, employees, officers and subcontractors with access to County and
Contractor records understand and comply with this confidentiality provision.
c. Contractor shall treat all information as to personal facts and circumstances obtained on Medicaid eligible
individuals as privileged communication, shall hold such information confidential, and shall not disclose such
information without the written consent of the individual, his or her attorney, the responsible parent of a minor child,
or the child's guardian, except as required by other terms of this Contract.
d. Nothing prohibits the disclosure of information in summaries, statistical information, or other form that does not
identify particular individuals.
e. Personally identifiable health information about applicants and Medicaid recipients will be subject to the
transaction, security and privacy provisions of the Health Insurance Portability and Accountability Act ("HIPAA").
f. Contractor shall cooperate with County in the adoption of policies and procedures for maintaining the privacy and
security of records and for conducting transactions pursuant to HIPAA requirements.
g. This Contract may be amended in writing in the future to incorporate additional requirements related to compliance
with HIPAA.
h. If Contractor receives or transmits protected health information, Contractor shall enter into a Business Associate
Agreement with County.
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 from third parties.
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) All records shall be retained and kept accessible for at least three years following the final payment made
under this Contract or all pending matters are closed, which ever is later.
2) If an audit, litigation or other action involving this Contract is started before the end of the three year period,
the records shall be retained until all issues arising out of the action are resolved or until the end of the three
year period, whichever is later.
b. County and its authorized representatives shall have the right to direct access to all of Contractor's books,
documents, papers and records related to this Contract for the purpose of conducting audits and examinations
and making copies, excerpts and transcripts.
1) These records also include licensed software and any records in electronic form, including but not limit+,d to
computer hard drives, tape backups and other such storage devices. County shall reimburse Contract( r 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
Page 6 of 9 — Personal Services Contract No. 2008-284
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 for the purpose of making audits,
examinations, excerpts, copies and transcriptions.
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 oder to
fully vest such rights in County.
d. Contractor forever waives any and all rights relating to Work Product, including without limitation, any and al, 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 to copy, use and re -use any such work product for County use only.
f. If this Contract is terminated prior to completion, and the County is not in default, County, in addition to any other
rights provided by this Contract, may require the Contractor to transfer and deliver all partially completed work
products, reports or documentation that the Contractor has specifically developed or specifically acquired for the
performance of this Contract.
g. In the event that Work Product is deemed Contractor Intellectual Property, Contractor hereby grants to Agency 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. Materials. At aII times, Contractor shall make reasonable efforts to use recycled materials in the performance work
required under this contract.
20. 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.
Page 7 of 9 — Personal Services Contract No. 2008-284
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
and required by law to be so incorporated.
21. Constraints. Pursuant to the requirements of ORS 2796.220 through 2796.235 and Article XI, Section 10, of the
Oregon Constitution, the following terms and conditions are made a part of this contract.
a. Contractor shall:
1) Make payments promptly, as due, to all persons supplying to Contractor labor or materials for the performance
of the work provided for in this contract.
2) Pay all contributions or amounts due the Industrial Accident Fund from such Contractor or subcontractor
incurred in the performance of this contract.
3) Not permit any lien or claim to be filed or prosecuted against the County on account of any labor or material
furnished.
4) Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167.
5) Be responsible for all federal or state taxes applicable to compensation or payments paid to Contractor under this
Contract and, unless Contractor is subject to backup withholding, County will not withhold from such
compensation or payments any amount(s) to cover Contractor's federal or state tax obligations. Contractor is not
eligible for any social security, unemployment insurance or workers' compensation benefits from compensation or
payments paid to Contractor under this Contract, except as a self-employed individual.
b. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to
Contractor or a subcontractor by any person in connection with this Contract as such claim becomes due, the
proper officer or officers representing the County may pay such claim to the person furnishing the labor or services
and charge the amount of the payment against funds due or to become due Contractor by reason of this Contract.
c. Contractor's Employees.
1) Employees of Contractor may not be employed for more than 10 hours in any one day, or 40 hours in any one
week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such
cases (except for personal services designated under ORS 279A.055) the employee shall be paid at least
time and a half pay:
a) For all overtime in excess of eight hours in any one day or 40 hours in any one week when the work week
is five consecutive days, Monday through Friday; or
b) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is
four consecutive days , Monday through Friday; and
c) For all work performed on Saturday and on any legal holiday specified in ORS 279C.540.
2) In the case of contracts for personal services described in ORS 279A.055, the employee shall be paid at least
time and a half for all overtime worked in excess of 40 hours in any one week, except for individuals under
personal services contracts who are excluded under ORS 653.010 to 653.261 or under 29. USC 201 to 209
from receiving overtime.
3) Except for contracts subject to ORS 2796.235(4), contracts for services require that persons employed under such
contracts shall receive at least time and a half pay for work performed on the legal holidays specified in a collective
bargaining agreement or in ORS 2796.020 and for all time worked in excess of 10 hours in any one day or in excess of
40 hours in any one week, whichever is greater.
d. Contractor shall promptly, as due, make payment to any person or co partnership, association or corporation
furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or
injury, to the employees of such Contractor, of all sums which the Contractor agrees to pay for such services and
all moneys and sums which the Contractor collected or deducted from the wages of Contractor's employees
pursuant to any law, contract or agreement for the purpose of providing or paying for such services.
e. Contractor agrees that if Contractor is a subject employer that is not exempt under ORS 656.126, that it shall
comply with ORS 656.017.
22. Contractor Not an Agent of County.
a. It is agreed by and between the parties that Contractor is not carrying out a function on behalf of County and
County does not have the right of direction or control of the manner in which Contractor delivers services i nder
this Contract or exercise any control over the activities of Contractor.
b. Contractor is not an officer, employee or agent of County as those terms are used in ORS 30.265.
c. Contractor covenants for itself and its successors in interest and assigns that it will not claim or assert that
Contractor is an officer, employee or agent of the County, as those terms are used in ORS 30.265.
Page 8 of 9 — Personal Services Contract No. 2008-284
23. 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.
24. Indemnity and Hold Harmless.
a. To the fullest extent authorized by law Contractor shall defend, save, hold harmless and indemnify the County 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 Contractor or its officers,
employees, contractors, or agents under this Contract, including without limitation any claims that the wo-k, 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 section 24.a; 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.
25. 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.
26. 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 LIN Convention on International Sales of Goods
shall not apply.
27. 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.
28. 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.
29. Attorney Fees. In the event an action, lawsuit or proceeding, including appeal there from, is brought for failure to
observe any of the terms of this contract, each party shall be responsible for their own attorney fees, expenses, costs
and disbursements for said action, lawsuit, proceeding or appeal.
30. 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 skit 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.
Page 9 of 9 — Personal Services Contract No. 2008-284
a.
b.
c.
Any communication or notice by personal delivery shall be deemed delivered when
designated person or representative.
Any communication or notice sent by facsimile shall be deemed delivered when the
generates receipt of the transmission. To be effective against County, such facsimile
confirmed by telephone notice to the County Administrator.
Any communication or notice mailed shall be deemed delivered five (5) days
Contract shall be mailed by first class postage or delivered as follows:
To Contractor:
Sally L. Pfeifer
23 NW Greenwood Ave.
Bend, OR 97701
Fax No. 541-383-4935
actually given to the
transmitting machine
transmission shall be
after mailing. Any notice under this
To County:
Capt. Ruth Jenkin
63333 W Hwy 20 NE
Bend, OR 97701
Fax No. 541-389-4454
31. 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.
32. Identity Theft Protection. Contractor and subcontractors shall comply with the Oregon Consumer Identity Theft
Protection Act (ORS 646A.600 et seq.).
33. 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, 22-27, 29 and 31-34.
34. 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, and
5) Contractor prepared its proposal related to this Contract, if any, independently from all other proposers, and
without collusion, fraud, or other dishonesty.
b. Warranties Cumulative. The warranties set forth in this section are in addition to, and not in lieu of, any other
warranties provided
Page 10 of 9 — Personal Services Contract No. 2008-284
EXHIBIT 1
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2008 -
STATEMENT OF WORK, COMPENSATION
PAYMENT TERMS and SCHEDULE
1. Contractor shall perform the following work:
As set out in Exhibits 1-A and 1-B, attached
2. Consideration.
As set out in Exhibits 1-A and 1-B, attached
b. Contractor shall be entitled to reimbursement for expenses as set forth in Exhibit 5 0 YES X NO
3. The maximum compensation.
a. The total maximum compensation under this 13 month contract, including allowable expenses, is $
195, 000.
b. Contractor shall not submit invoices for, and County shall not pay for any amount in excess of the
maximum compensation amount set forth above.
1) If this maximum compensation amount is increased by amendment of this contract, the amendment
shall be fully effective before contractor performs work subject to the amendment.
2) Contractor shall notify County in writing of the impending expiration of this Contract thirty (30)
calendar days prior to the expiration date.
5. Schedule of Performance or Delivery.
a. County's obligation to pay depends upon Contractor's delivery or performance in accordance with
Exhibits 1-A and 1-B.
b. County will only pay for completed work that conforms to the terms of the Contract.
Page 1 of 1 - Exhibit 1 — Personal Service Contract No.2008-284
EXHIBIT 2
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2008 -
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. Employer's Liability Insurance with coverage limits of not less than $500,000 must be
included.
Professional Liability insurance with an occurrence combined single limit of not less than:
Per Occurrence limit Annual Aggregate limit
X $500,000
❑ $1,000,000
❑ $2,000,000
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 this contract is
completed.
❑ $500,000
❑ $1,000,000
❑ $2,000,000
X Required by County
❑ Not required by County (one box must be checked)
Commercial General Liability insurance with a combined single limit of not less than:
Per Occurrence limit
ID $500,000
X $1,000,000
❑ $2,000,000
Commercial General Liability insurance includes coverage for personal injury, bodily injury, advertising
injury, property damage, premises, operations, products, completed operations and contractual damages.
By separate endorsement, the policy shall name Deschutes County, its 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.
Annual Aggregate limit
❑ $500,000
❑ $1,000,000
❑ $2,000,000
X Required by County 0 Not required by County (One box must be checked)
Page 1 of 2 - Exhibit 2 - Personal Service Contract No. 2008-284_
Automobile Liability insurance with a combined single limit of not less than:
Per Occurrence
❑ $500,000
X $1,000,000
❑ $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.
X Required by County 0 Not required by County (one box must be checked)
Additional Requirements. Contractor shall pay all deductibles and retentions. A cross -liability clause or
separation of insured's condition must be included in all commercial general liability policies required by th s
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. The Certificate shall provide that there shall be no cancellation, termination, material change,
or reduction of limits of the insurance coverage without at least 30 days written notice from the Contractor's insurer
to the County. The Certificate shall also state the deductible or, if applicable, the self-insured retention level. For
commercial general liability coverage, the Certificate shall also provide, by policy endorsement, that Deschutes
County, its 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 Man ement review Date
44, 6.7 `i/ 08
Page 1 of 2 - Exhibit 3 - Personal Services Contract No. 2008-284
EXHIBIT 3
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2008 -
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 cert under penalty of perjury that Contractor is a [check one]:
do ; ■ ited -." y ompany ❑ Partnership ab orized to do bu ne in t e State of Oregon.
Title
d
Da 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 four (4) - to establish that you are an
Independent Contractor.
A. The labor or services I perform is primarily carried out at a location that is separate from my
residence or is primarily carried out in a specific portion of my residence that is set aside as the
location of the business.
B. I purchase commercial advertising or I have business cards for my business, or I am a member
of a trade association.
4' C. My business telephone listing is separate from my personal residence telephone listing.
D. I perform labor or services only under written contracts.
E. Each year I perform labor or services for at least two different persons or entities.
F. I assume financial responsibility for defective workmanship or for service not provided by
purchasing performance bonds, errors and omission insurance or liability insurance, or providing •
warranties relati • the labor or services I provide. `'
L.`e>
t/
1154 ' / oe
Contractor Signator
Date
Page 1 of 2 - Exhibit 3 - Personal Services Contract No. 2008-284
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.
Contractor Signature Date
Page 2 of 2 - Exhibit 3 - Personal Services Contract No. 2008-284
EXHIBIT 4
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2008 -
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):
❑ SOLE PROPRIETOR
• Contractor is a sole proprietor, and
• Contractor has no employees, and
• Contractor shall not hire employees to perform this contract.
CORPORATION - FOR PROFIT
• Contractor's business is incorporated, and
• All employees of the corporation are officers and directors and have a substantial ownership interest* in the
corporation, and
• The officers and directors shall perform all work. Contractor shall not hire other employees to perform this
contract.
❑ CORPORATION - NONPROFIT
• Contractor's business is incorporated as a nonprofit corporation, and
• Contractor has no employees; all work is performed by volunteers, and
• Contractor shall not hire employees to perform this contract.
❑ 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.
❑ 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 o'
appurtenances thereto.
*NOTE: Under OAR436-050-050 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 o`
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
accepted from a contractor who shall perform construction work.
Sal(Gi
Contractor Prinfej Name .ntractorSigj tur
Contractor Title
Date
Page 1 of 1 - Exhibit 4 - Personal Services Contract No. 2008-284
EXHIBIT 5
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2008 -
Expense Reimbursement
1. Travel andVther 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 trave-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. r ''
2) Travel expenses shall be reimbursed for official County business only.
3) County shall not reimburse Contractor for any item that is not o hierwise available for reimbursement
to an employee of Deschutes County per Desch(es 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 Empl•yee Reimbursement Form for Contractor to
submit an itemized description of travel expenses for •.yment.
5) Personal expenses shall not be authorized at any ti
6) All expenses are included in the total maximum co ract amount.
b. Travel expenses shall be reimbursed only in accor• nce with rates approved by the County and only
when the reimbursement of expenses is specifi :Hy provided for in Exhibit 1, paragraph 3 of this
contract.
c. The current approved rates for reimbursement •f travel expenses are set forth in the above described
policy.
d. County shall not reimburse for any expense elated to alcohol consumption or entertainment.
e. Except where noted, detailed receipts for a expenses shall be provided.
f. Charge slips for gross amounts are not a• eptable.
g. County shall not reimburse Contractor '.r any iternthat is not otherwise available for reimbursement to
an employee of Deschutes County.
2. Approved reimbursements:
a. Mileage. Contractor shall be en led to mileage for trave in a private automobile while Contractor is
acting within the course and s •pe of Contractor's duties un,er this Contract and driving over the most
direct and usually traveled ro e to and from Bend, Oregon.
1) Reimbursement for mil-. ge shall be equal to but not excee• hose set by the United States General
Services Administratio ("GSA") and are subject to change acc•' dingly.
2) To qualify for miles• reimbursement, Contractor shall hold a lid, current driver's license for the
class of vehicle to •e driven and carry personal automobile liabi insurance in amounts not less
than those requir- • by this contract.
3) No mileage reimursement shall be paid for the use of motorcycles or Mopeds.
b. Meals.
1) Any reimburs= ment for meals shall be for actual cost of meals incurred Contractor while acting
within the co ' rse and scope of Contractor's duties under this contract.
2) For purpos s of calculating individual meals where the Contractor is entitle, only to a partial day
reimburse ent, the following maximum allocation of the meal expenses applies.
a) Bre- fast, $10;
b) Lu h, $12;
c) D ner, $22.
3) Exc- •t in the event of necessary overnight travel as provided below, partial day meal expenses shall
be eimbursed as follows and only while Contractor is acting within the course and scope of
C. tractor's duties under this contract:
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.).,
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.).
b)
Page 1 of 2 - Exhibit 5 to Personal Services Contract No. 2008-284
4) Breakfast and dinner expenses are reimbursable during Contractor's necessary overnight travel
while acting within the cou - and scope of Contractor's duties under this contract and shall not
exceed those set by the GSA. a • are subject to chang r ingly.
c. Lodging.
1) County shall reimburse Contractor for r,6 tractor's actual cost of lodging necessary to provide
service to the County and shall not e -ed th- aximum lodge set by the GSA for Bend, Oregon.
2) Reimbursement rates for lodgin. -re not con ered "per diem" and receipts are required for
reimbursement.
d County shall not reimburse Contr• for in excess of the to est fair for any airline ticket or vehicle rental
charges.
3. Exceptions. Contractor shall obtain separate written approval' f the County Administrator for any
exceptions to the expense i s listed above prior to incurring any ee'pense for which reimbursement shall
be sought.
Page 2 of 2 - Exhibit 5 to Personal Services Contract No. 2008-284
Exhibit 6
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2008 -
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. 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 Department.
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 Department 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.
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.
3. 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 an,y 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 fo -ach failure.
Contractor Sig ' at re
Date
Page 1 of 1 - Exhibit 6 to Personal Services Contract No. 2008-284
EXHIBIT 1-A
Contract No. 2008-284
IN CUSTODY ADDICTIONS TREATMENT
STATEMENT OF WORK, COMPENSATION
and PAYMENT TERMS
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 must be provided in the jail, and work center
and may include continued treatment after release from custody. Each individual
treatment plan must be adapted to the current status of the offender within the corrections
system.
At all times during the term of this contract, Contractor must:
1. Hold and attach a current copy of their non -provisional license/letter of approval
issued by the State of Oregon Department of Human Services Addictions and Mental
Health Division (AMH).
2. Be able to ensure equal access to services for clients with diverse cultural or language
requirements, geographic barriers, and/or transportation needs.
3. 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.
4. Obtain Sheriff Office approval prior to implementing a new inmate treatment program.
5. Obtain Sheriff Office approval for all volunteers and staff prior to volunteers and staff
entering the jail or 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 must be provided. Volunteers who come to the jail or work center on a
regular basis and all staff must complete the jail volunteer program.
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 clients most
appropriate for referral to treatment slots. Decisions regarding placement in one of the
slots available under this contract will be based on client's motivation, risk for re -
offending 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 3 months.
Jail staff and Contractor may refer an inmate with less than three month on their sentence
if it is determined that the inmate would benefit from services and openings exist. At any
one time, and in addition to the conducting the motivational enhancement classes,
— Personal Services Contract No. 2008-284
1 of 3
Contractor shall provide addictions treatment services males at the Work Center and
females at the jail for a total of at least 74 inmates per year.
Contractor agrees to remove from treatment services those inmates who are a physical or
psychological safety concern to others or themselves until such time jail staff and
Contractor determine the inmate is safe to again receive treatment services.
At a minimum, Contractor shall:
1. Appoint a treatment service coordinator to work with jail staff on scheduling,
referrals, and other treatment services issues. Jail mental health staff is available as a
resource upon the jail Lieutenant's approval.
2. Consult with Sheriffs Office staff regarding inmates who are appropriate to receive
services while incarcerated in jail facility and who meet criteria and eligibility to
participate in treatment program.
3. Conduct pre-screening to prioritize inmates with most significant addiction issues,
where addiction is deemed a highly significant barrier to recovery and rehabilitation.
4. Provide an initial, pre -addiction treatment, motivational enhancement class for
inmates in need of services at the jail or work center. The on-going motivational class
will consist of 5 or 6 twice weekly sessions with attendance by a minimum of 10 to
15 inmates, lasting approximately an hour and half.
5. Provide on-site addiction treatment services to female inmates in Deschutes County
jail and male inmates in the Work Center. These on-site services shall include group
sessions 3 or 4 times a week and individual sessions at least 1 time a week, each
lasting approximately an hour and half.
6. 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
treatment services post -release at a duration and intensity necessary to decrease
recidivism.
7. Give a definite place and time for post -release treatment services when an inmate is
released from custody.
8. Provide treatment services to inmates in an open enrollment basis.
9. Enter data in Oregon Treatment Court Management System (OTCMS) on a monthly
basis. Submit outcome reports to Sheriffs Office and Mental Health Department.
Outcome reports will need to include information on abstinence, duration of
treatment, and successful treatment completion within the constraints of both the
County's privacy policies and all applicable laws.
10. Attend meetings with the Sheriffs Office, Mental Health Department, and Parole &
Probation for those inmates scheduled to be released and receive continued treatment
in the community.
These services will be performed under the direction and authority of the Deschutes
County Sheriffs Office and Mental Health Department in close coordination with the
Parole and Probation Department.
— Personal Services Contract No. 2008-284
2 of 3
PAYMENT.
Dependent upon successful quarterly review, the Sheriff's Office County shall pay
Contractor for in custody treatment services on a fee-for-service basis at a maximum rate
of $7,500 monthly, separate from any payment for post release treatment services.
Monthly payment is dependent on Contractor providing the Sheriff's Office with the
number of inmates attending the motivational class and the number of inmates enrolled in
alcohol and treatment programs for the prior month.
The maximum compensation for the services under this agreement is $ 97, 5000. When
this maximum compensation has been reached, no further payment under this 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 30 days after the end of each month, Contractor shall
send to the Sheriffs Office the names of inmates enrolled in services,
their enrollment date, and type of services provided. After receipt of
this information, payment will then be issued for that month. A final
list of enrolled inmates shall be provided to the Sheriffs Office no
later than July 7, 2009.
B. Contractor is expected to have an average of 10-15 inmates attend the
motivational class.
C. During the term of this agreement, Contractor is expected to provide
alcohol and drug treatment services to a minimum of 74 inmates.
Upon approval of the amount of compensation to be paid each month by the Mental
Health Department, the Sheriff's Office shall be responsible for reimbursing Contractor
for post release services as set out in Exhibit 1-B.
— Personal Services Contract No. 2008-284
3 of 3
EXHIBIT 1-B
Contract No. 2008-284
POST RELEASE ADDICTIONS TREATMENT
STATEMENT OF WORK, COMPENSATION
and PAYMENT TERMS
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
Mental Health Department (DCMH). Compensation for post release services will be authorized by DCMH and
paid by the DCMH through the Sheriffs Office:
1. Reporting.
A. Contractor agrees to prepare and furnish such reports and data as may be required by County and the
Department of Human Services (Department), including but not limited, to financial reports
documenting all expenditures of funds under this agreement in accordance with generally accepted
accounting procedures, client records which contain client identification, problem assessment,
treatment (including any training and/or care plan), appropriate medical information, and progress
notes, including a service termination summary and current assessment or evaluation instrument as
designated in the administrative rules. Department Client Process Monitoring System (CPMS) data,
Community Mental Health Provider Report, and Termination Service Recording Form shall be
completed in accordance with Department requirements and submitted to Department. Contractor
agrees to, and does hereby grant County and the Department the right to reproduce use and disclose
for County or Department purposes, all or any part of the reports, data, and technical information
furnished to County under this Contract. Contractor shall make available to County and Department
and any client of Contractor as defined in Section "Statement of Work and Compensation" paragraph
1A. any and all written materials in alternate formats in compliance with Department's policies or
administrative rules. For purposes of the foregoing, "written materials" includes, without limitation, all
work product and contracts related to this Contract.
B. Access to Records and Facilities. Department, 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 financial
assistance provided hereunder, or any Service for the purpose of making audits, examinations,
excerpts, copies and transcriptions. Contractor shall permit, authorized representatives of Department
to perform site review of all Services delivered by County or a Provider.
C. Retention of Records. Contractor to retain and keep accessible all books, documents, paper, and
records, that are directly related to this Contract, the financial assistance provided hereunder or any
Service, for a minimum of three (3) years, or such longer period as may be required by other provisions
of this Contract or applicable law, following the termination of this Contract. If there are unresolved audit
or Contract Settlement questions at the end of the three-year period, Contractor shall retain the records
until the questions are resolved.
D. Reporting Requirements. Contractor shall prepare and furnish the following information to Department
when a Service is delivered:
1) Client, Service and financial information as specified in the Service Description.
2) All additional information and reports that Department or County reasonable requests.
2. Payment of Contract. Subject to availability of funds, County shall provide monthly payments to Contracto-
upon receipt of payment from the Department, for rendering the services listed in this Contract. Contractor shal
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 paragrapt
unless written permission is granted to use the funds for other services in accordance with this Contract. Fund
for Alcohol and Drug Abuse Services may not be used for: (1) inpatient hospital services; (2) cash payments tc
intended recipients of health services; (3) to purchase or improve land, to purchase, construct or permanentl}
1OF11
DOC# 2008-284
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. The amount of these monthly payments will be based
primarily on the amount received by County from the Department. The fee schedule is contained on Exhibit 1,
attached hereto and incorporated by reference. The maximum total amount of funds to be paid to Contractor for
the period of this Contract is as follows:
SERVICE ELEMENT MAXIMUM AMOUNT
A&D 66 $ 97,500
Contractor shall adhere to all Department Requirement for Alcohol & Drug (A&D) 66 dollars as outlined below
under "Continuum of Care Services — A&D 66" Contractor shall submit monthly expenditure or reimbursement
reports on forms provided by County as soon as possible following the end of each calendar month, but no later
than 30 days following the end of the calendar month. County may require quarterly cost reports to monitor the
expenditure of Department monies so that Department monies are not reimbursed at more than 100% of
program costs. Contractor shall submit the final monthly expenditure report under this Contract no later than July
101h following the end of the fiscal year. Fiscal year shall be based on the period July 1 through June 30.
3. Budget Transfers. Contractor may not transfer funds from one service element to another or within program
areas without prior written approval of County.
4. Retention of Revenue and Earned Interest. Fees and third -party reimbursements, including all amounts
paid pursuant to Title XIX of the Social Security Act by the Department, for services rendered by Contractor, and
interest earned on such funds in the possession of Contractor, shall be retained by Contractor provided that it s
expended for a mental health service which meets the standards of the Department.
5. Unless exempted under the rules, regulations and relevant orders of the Secretary of Labor, 41 CFR,
Chapter 60, Contractor agrees to comply with all provisions of Executive Order No. 11246, as amended by
Executive Order No. 11375 of the President of the United States dated September 24, 1965 as supplemented in
Department of Labor regulations (41 CFR Part 60), Titles VI and VII of the Civil Rights Act of 1964 as amended,
Sections 503 and 504 of the Rehabilitation Act of 1973 as amended and 45 CFR 84.4, which states, "No
qualified person shall, on the basis of handicap, be excluded from participation in, be denied benefits of, or
otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal
financial assistance. Contractor will also comply with all applicable rules, regulations and orders of the Secretary
of Labor concerning equal opportunity in employment and the provisions of ORS Chapter 659."
6. Contractor shall abide by all mandatory standards and policies which relate to energy efficiency and which
are contained in the State of Oregon energy conservation plan that was issued in compliance with the Energy
Policy and Conservation Act (PL 94-165).
7. If the limitation amount specified in this Contract for Title XIX Clinic Services exceeds $100,000,
Contractor shall provide the State of Oregon with written assurance that Contractor will comply with all
applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857 (h),
the Federal Water Pollution Control Act as amended (commonly known as the Clean Water Act) including but
not limited to Section 508 of the Clean Water Act (33 USC 1368) Executive Order 11738 and Environmental
Protection Agency regulations (40 CFR Part 15) 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 the
Department, HHS and the appropriate Regional Office of the Environmental Protection Agency.
8. Contractor shall comply with Federal rules and statutes pertaining to the Alcohol, Drug and Mental Health
(ADMH) and Social Security (formerly Title XX) Block Grant(s); including the Public Health Services Act
especially sections 1914 (b)(1-5), 1915 (c)(12), 1916 (b)(2) and Public Law 97-35.
2 OF 11
DOC# 2008-284
9. The individual signing on behalf of Contractor hereby certifies and swears under penalty of perjury that she/he
is authorized to act on behalf of Contractor, she/he has authority and knowledge regarding Contractors'
payment of taxes, and to the best of her/his knowledge, Contractor is not in violation of any Oregon tax laws
including without limitation state inheritance tax, gift tax, personal income tax, withholding tax, corporation
income and excise taxes, amusement device tax, timber taxes, cigarette tax, other tobacco tax, 9-1-1
emergency communications tax, the homeowners and renters property tax relief program and local taxes
administered by the Department of Revenue (Multnomah County Business Income Tax, Lane Transit District
Tax, Tri -Metropolitan Transit District Employer Payroll Tax, and Tri -Metropolitan Transit District Self -
Employment Tax)
10. 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 Act (codified at 42 USC 6962) requires that preference be given in procurement programs to the
purchase of specific products containing recycled materials identified in guidelines developed by the
Environmental Protection Agency. Current guidelines are set forth in 40 CFR Parts 247-2
11. 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 treatment who seek, or are
referred for, and would benefit from, such services;
b) Perform outreach to inform pregnant women of the availability of treatment services
targeted to them and the fact the at pregnant women receive preference in admission to
these programs;
c) If the Provider has insufficient capacity to provide treatment services to a pregnant
woman, refer the woman to another Provider with capacity or if no available treatment
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.
12. 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 admission to treatment from an intravenous drug
abuser, the Provider must, unless the Provider succeeds in referring the individual to
another Provider with treatment capacity under the circumstances described in (2)
above, admit the individual to treatment not later than:
1) 14 days after the request for admission 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, an:
steps that can be taken to ensure that HIV and tuberculosis transmission does no
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
Provider's services.
3OF11
DOC# 2008-284
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 treatment to undergo treatment, and shall document such activities
13. 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) Appropriate treatment services.
14. DHS Referrals: All Providers of A&D services other than A&D 70 must, subject to the preference for
pregnant women and intravenous drug users as described above, give preference to persons referred by
DHS.
15. 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.
16. 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 not 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.
17. Tobacco Use. All Providers of A&D services (including Counties that provide such services directly) that
have designated treatment 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.
18. Department of Human Services 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.
19. Barriers to Treatment. Where there is a barrier to delivery of an A&D Service due to culture, gender,
language, illiteracy, or disability, Contractor shall develop support services available to address or overcome
the barrier, including:
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 clients for the costs of measures, such as interpreters, that are required tc
provide nondiscriminatory treatment.
4 OF 11
DOC# 2008-284
20. 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 make by
Department.
21. 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:
A. Keep such records as may be necessary to disclose the extent of services furnished to clients ard,
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;
B. Comply with all applicable disclosure requirements set forth in 42 CFR Part 455, Subpart B;
C. Comply with any applicable advance directive requirements specified in 42 CFR Section
431.107(b)(4); and
D. Comply with the certification requirements of 42 CFR Sections 455.18 and 455.19.
Statement of Work and Compensation
1. Contractor shall perform the following work:
A. Provide Out-patient Alcohol and Drug Services to low-income, uninsured priority individuals who are
released from jail and/or work center.
1. Outpatient services will include a combination of the following: assessment, group and
individual counseling, family education and treatment, case management (including
coordination with jail and parole & probation), relapse prevention and urinalysis screening.
B. Participate in meetings as scheduled with Mental Health, Jail and Parole & Probation staff.
C. Enter data into Oregon Treatment Court Monitoring System (OTCMS) software and provide quarterly
reports on clients served, length of time in treatment, successful treatment completion and recidivism
rates (new charges while in treatment).
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 co -pay. The co -pay will be a maximum of $5.00 per visit.
3. Consideration.
A. To be eligible for services under these funds, clients must be have started treatment services while
incarcerated in the jail or work center, been released from jail, and been identified by jail staff and
Contractor staff as needing post -release treatment services. Clients who receive treatment services
must also qualify as low income as defined under 3C (a). Contractor is responsible for determining
eligibility, based upon the criteria set forth or referred to herein. Contractors will need to have clients
complete a financial application and verify income information with pay stubs, etc. to determine
eligibility.
B. Case Rate Compensation:
a. Contractor will receive a case rate of $1875 per enrolled client. This rate will be paid for each
client who meets the criteria for either Level I or Level II A&D services (described below) 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 treatment services per enrollment
episode regardless of duration of treatment.
5 OF 11
DOC# 2008-284
b. If a client does not successfully engage in treatment within 30 days after initial enrollment (as
defined by attendance at a minimum of 3 sessions within 30 days) Contractor agrees to enroll
an additional client in services under the same case rate slot, with no additional charge to the
County.
C. Definitions:
a. Low Income: At or below 125% of the federal poverty level (as defined by 2008 Poverty Guidelines
published by US Department of State).
b. Level I (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.
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 American Society of Addiction Medicine — Patient Placement Criteria 2R
(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.
4. The maximum compensation and payment method.
a. The maximum compensation under the post release portion of the contract is $97,500 —serving a
minimum of 52 clients — and will consist of case rate payment only. When such funds are exhausted,
no further payment under this contract will 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.
c. It is intended that the maximum compensation be expended in relatively equal monthly amounts to assure
a steady availability of service slots to clients. In order to accomplish this, reimbursement will be as
follows:
❖ Contractor will enroll and be reimbursed for a maximum of 4 clients per month under
this contract. This will be new clients who enroll in post jail release A&D services in that
month.
❖ No later than 30 days after the end of each month, Contractor shall send to County the
names of clients who have been enrolled under this contract, enrollment date, and a
statement of eligibility as outlined in 3 A. County shall then issue payment for that
month.
❖ It is expected that Contractor will fill all 4 slots each month. However, if 4 clients, who
meet the criteria under 3 A, do not apply for services in one month, Contractor may
carry that slot into the next month. Contractor will not be reimbursed for any slots over
the monthly maximum of 4, unless there have been unfilled slots in previous months.
The final list of enrolled clients will be sent to the County no later than July 7, 2009.
6 OF 11
DOC# 2008-284
AD 66/2007-2009
Page 1
Service Name: CONTINUUM OF CARE SERVICES
Service ID Code: A&D 66
I. Service Description
Continuum of Care Services (A&D 66) are services delivered to individuals
who have lost control of their use of alcohol or other drugs. The purpose of
A&D 66 Services is to assist individuals in recovering from alcohol abuse or
other drug dependency. A&D 66 Services consist of case management,
clinical care and continuing care delivered when therapeutically necessary
and consistent with the clinical need of the individual. For purposes of A&D
66, case management, clinical care and continuing care have the following
meanings:
Case Management services are flexible, community-based 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 needs. Case management services assist the
individual with needs that generally are thought to be outside the realm of
substance abuse treatment. Case management services also assist individuals
transitioning from community settings to residential care and from residential
care back to community settings.
Clinical Care services are assessment, counseling and treatment services,
meeting the Standards for Outpatient and Residential Alcohol and Drug
Treatment Programs (set forth in OAR 415-051-0000 through 415-051-0155,
as such rules may be amended from time to time).
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.
AD 66 GT0063-07 Approved 03/23/2007
7 OF 11
DOC# 2008-284
AD 66/2007-2009
Page 2
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
relapse prevention. The services may also include medically prescribed
pharmacological agents, i.e., methadone, level-alpha-acetyl-methadol
(LAAM), etc.
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 for this level of care. Some Level II 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 and Conditions, County must
give preference in A&D 66 service delivery to persons referred by DHS and
persons referred by Drug 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 Department in accordance with OAR 415-012-
0000 through 415-012-0090. Providers of A&D 66 Continuing Care Level I
AD 66 GT0063-07 Approved 03t23/2007
8 OF 11
DOC# 2008-284
AD 66/2007-2009
Page 3
and II Services funded through this Agreement must comply with OAR 415-
051-0000 through 415-051-0155 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 the individual from the date Provider begins
serving the individual through the date set forth in the Financial Assistance
Award.
A Provider may not use A&D 66 funds provided under this Agreement to
deliver A&D 66 Continuing Care Level I or Level II services to any individual
enrolled in the Oregon Health Plan for chemical dependency benefits.
Providers must refer such individuals to their managed care plan for A&D 66
Services.
The quality of the A&D 66 Services supported with funds provided 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 /quality 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. The Department may
recommend additional actions to improve quality.
Access: Access is measured by Department as the percentage of adult
County residents estimated by Department surveys to need treatment who are
enrolled in A&D 66 Services.
Engagement: Engagement is measured by Department as the percentage of
adults receiving A&D 66 Services with funds provided through this
Agreement who enter treatment following positive assessment. .
AD 66 GT0063-07 Approved 03/23/2007
9 OF 11
DOC# 2008-284
AD 66/2007-2009
Page 4
Retention: Retention is measured by Department 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 Department as the percentage of
adults 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.
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 Department's CPMS
manual.
W. Financial Assistance Calculation and Disbursement Procedures
A. Calculation of Financial Assistance. The funds awarded for A&D 66
services are intended to be general financial assistance to the County for
A&D 66 services. Accordingly, the Department will not track delivery
of A&D 66 services or service capacity on a per unit basis, so long as the
County offers and delivers A&D 66 services as part of its CMHP. Total
Department financial assistance for all A&D 66 Services delivered under
a particular line of the Financial Assistance Award shall not exceed the
total funds awarded for A&D 66 Services as specified in that line of the
Financial Assistance Award.
B. Disbursement of Funds. Unless a different disbursement method is
specified in that line of the Financial Assistance Award, Department will
disburse the funds 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:
AD 66 GT0063-07 Approved 03/13/2007
10 OF 11
DOC# 2008-284
AD 66/2007-2009
Page 5
1. Department may, at is discretion, adjust monthly allotments to meet
cash flow requirements for continued delivery of A&D 66 services.
2. Department may, at its discretion, adjust monthly allotments to
reflect changes in the funds awarded for A&D 66 services on that
line of the Financial Assistance Award as a result of amendments to
the Financial Assistance Award.
C. Agreement Settlement. Agreement Settlement will be used to confirm
the offer and delivery of A&D 66 Services by County as part of its
CMHP, based on data properly reported in CPMS or through other
reports required or permitted by this Service Description or an applicable
Specialized Service Requirement.
AD 66 GT0063-07 Approved 03/23/2007
11 OF 11
DOC# 2008-284
Dec 03 2007 3: 42P11 TP I R, Inc
5413838545
ACCIRQ- CERTIFICATE OF LIABILITY INSURANCE
R.OL;;;ER
TRIA, INC
644 NB GREENWOOD AVE SUITE 1
BEND, OR 97701
541-3B2-9111
NSURED PFEIFER AND ASSOCIATES INC
23 NW GREENWOOD AVE
man, OR 9770:
p.2
OAT E (N WriO,Y),
12/3/2007
THIS CERTIFICATE 1S ISSUED AS ik MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE CCYEFtAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE IVAIC#
NBU ?ER A: urnsrrarnr Ar :carol w s,oPDoe, vs as+I !Mc
INSURER B:
+NSURE'R C•
IN3URER 'J;
NBURER E:
;OVERAGES
Y i,= PO_.CIES OF INSURANCE U$ EO BELOW HAVE SEEN ISSUED TO THE !NEL/RED NARIED ABOVE FOR THE POLICY PERI DD INDICATED. NCTWl,TI-STANDI 3G
ANY REQUIREMENT, TERM OR ..CONCITICN OF ANY CONTRACT Os OTHER DOCUMENT WITH sPE,:T TO WHCF! THje CER"IF!CATE INAY BE ISSUED r.R.
0t1AY PERTAIN THE ±NSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1$ SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CON:ITICY4S OF 31J,3 i
POLIPIES &GGREGATELIMITS SHOWN MAY HAVE BEEN REMIXED 3YFAD CLAIMS.
amP1oD'LN
.TR MM..,„ TYPE OP INEUITANCE
P d''
PgLIC,' NUMBElR �'
•L IiYE34,,IFLA„L�P
M rP ti
LIMIT'S
' t, 3E. I SAL LIABILITY '
EACH OCC JF'tRENCE S :1. ,, 0 ti C ,,r 0 0 0 '
COMirIERC;A,, GENERAL LIAB LITY
7AMKt3G : t' r�k.Nt eu 5C,000
L_
, CLAIPASMADE' i X OCCUR
MED EXP (Anynr:apersnn)
A
7A0769277' 69 A.1/21/07
11i 21/flS
PER'aG'MALaAI]VIP.IJJR'r
£
rX
PROFESSIONAL
C,ENBRAL AGOTEGATE
t 3,00C,000:
Lig-,V., AGGREt1ATE. I.,IMIT APA'LE'J ?ER:
-_`
!'RCJUC - COMPIOP AGO
$ :,00C,000
l POI I^..i ) 7 LOC
AL' TCMOEIL'E L. ABILrY
AN, AUTO
^OMDINED SINGLE L9MIT
(Fa acridenq__.._.
.-� ALL OWNED AUVOS
: SCHEDULE()AJ7OS
_.
SGDILvtNJURY $
i (PerpareDV
4IRED AWACS
I NION.OWKEDAU10$
BODILY WOURY $ I
(Petwncideoin
PROPERTY DAMACrE
(Peracqiaenl)
S
s
GARAGE LAt11JTY AUTO ONLY -EA ACCIDENT
$
1----j
AUTO cJ1ACC
,,,r.; OTTIER THAN
$
AUTOONLF'. ASG
L
Loikaki Y
EACH OCGUi•rRENCE
$
!`EACE33AJMBREL:A
, I .3CCUR 1 1 CLAIPMBMAPCE
AGGREGATE $
i DEDUCTIBLE
B
1 RETEW ION 3
S
' WORI,ER3CGMF ENEAT*N SND
I EMPLOYERS' LSAB:LYT"
Ali`, PRMNorrmarPARTNBR! rtar Y!
1 CFFICERAIEMIER RYZ.IJR.Eu7
1 trnsiT OesclIpl URder
IS'E;.IAL PROVi SIGNS ;slow
T •
TORY JiC t l S.1
EL-?AMENT
$
E.L. DISEASE - EA ENIPLOYE.S3
....-
EL. DISEAML, • POLiCv LIMIT
$
I
DESCRIPTION 4T»4 LOCATIONS"
IDLES ! EXCLU31ONS ADDED BY ENDQRB
ENT. SPECIAL PROVISIONS
THIS POLICY COVERS PROFESSIONAL AND GENERAL LIABILITY FOR INSURED.
CER'TIFiCAn: HOMER
DESCHUTES COUNTY MENTAL HEALTH
2577 NE COURTNEY DRIVE
BEND, OREGON 97701
CANCELLATION
SHOULD ANY OF THR ABOVE DESCRIBED POLICIES LRE CAHOILLED BE':OPE TFE E KVIRATIOI1
DATE THEREOF. THE ISSulto3 INSURER WILL ENDEAVOR TO MAIL, 3 0 DAYS ;KITTEN
I10TIC'E TO THE CERTIFICATE HOLDER I,IAMEC TO THE LEFT, BUT RAIL URE.'!O SO. IO SHALL
1,4O&e NO OBLIGATION GR LIAGILITY OP ANY KIND UP04 THE INSURER. ITS AG /NTC OR
REPRESENTATIVES.
AUTHOR.(
D REPRESEN'A/iVE
•-..
ACORD CORPORATIOI. 1988
ACORO2S(200Ir08)
Jan 16 2008 11:20AM Farmers
5413838949 p.2
ADDITIONAL INSURED
DESIGNATED PERSON OR ORGANIZATION
It is understood and agreed that Policy SECTION Ili — 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
All other terms and conditions remain unchanged.
Attached to and forming part of Policy No. NA0769277469 of Underwriters hereon.
Effective Date: November 21, 2007
Insured: Pfeifer & Associates, Inc.
MM 413 CM&R
Ed 0305
For and on behalf of Underwriters:
U.S. Risk Underwriters
6
4RArrzia14. . (4r.. i.VositRflkYM1'1.ytf:i
By:
(Authorized Representative )