HomeMy WebLinkAboutCONSENT Benji Program mental health schools 615 Sheridan Street
Port Townsend, WA 98368
Allason www.JeffersonCountyPublicHealth.org
Consent Agenda
Public Healt
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Josh Peters, County Administrator
FROM: Apple Martine, Public Health Director, Interim BH County Coordinator
DATE: / O( 262S
SUBJECT: Agenda Item — Professional Services Agreement, The Benji Project; July 1,
2025 —June 30, 2026; $23,126.39
STATEMENT OF ISSUE:
Jefferson County Public Health (JCPH), as the fund manager of the Behavioral Health 1/10th of 1% Sales Tax
Fund, requests Board approval of a Professional Services Agreement with The Benji Project; to provide every
school district in Jefferson County the opportunity to participate in an evidence-based curriculum of Mindful
Self-Compassion, that would serve an estimated number of estimated 325 middle and high schoolers and
100 family members, over a one-year period; July 1, 2025 —June 30, 2026; for a total of $23,126.39.
ANALYSIS/STRATEGIC GOALS/PROS and CONS:
This agreement is between JCPH and The Benji Project, for an evidence-based curriculum of Mindful Self-
Compassion to teach adolescents tools for managing difficult emotions, increasing resilience in the face of
adversity, and coping with stress in school districts across East Jefferson County.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
This is County sales tax revenue, which is deposited into the 131 Fund (1/10 of 1% Sales Tax Fund). The
BoCC allocates it, with input from the Behavioral Health Advisory Committee. The agreement states that
funding is subject to availability and if the County sales tax revenue decreases, the Vendor will be contacted
and the contract may be renegotiated.
This Professional Services Agreement resulted from an RFP process; services and funding have been
recommended to the BoCC by the Behavioral Health Advisory Committee.
RECOMMENDATION:
JCPH management requests approval of the Professional Services Agreement with The Benji Project;
July 1, 2025 —June 30, 2026; $23,126.39.
REVIEWED BY:
Ab-ok,2r,,, D 7 9-c-
Josh Peters, County Administrator Date
Community Health Environmental Public Health
Developmental Disabilities 360-385-9444
360-385-9400 (f) 360-379-4487
360-385-9401 (f) Always working for a safer and healthier community
AD-25-040
CONTRACT REVIEW FORM I Clear Form 1
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: The Benji Project Contract No: AD-25-040
Contract For: Mental Health Prevention Program/School Districts Term: July 1, 2025 to June 30, 2026
COUNTY DEPARTMENT: Public Health
Contact Person: Apple Martine
Contact Phone: x 443
Contact email: amartine@co.jefferson.wa.us
AMOUNT: $23,126.39 PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: $23,126.39 Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
Fund # #131 .� RFP or RFQ
Munis Org/Obj 13156400 _Other:
APPROVAL STEPS:
STEP l: DEPARTMENT CERTIFIES COMP A WI .55.0 ND CHAPTER 42.23 RCW.
CERTIFIED: E N/A:fl July 7,2025
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BE DEBARK NY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: El N/A: ® ' July 7, 2025
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 7/10/2025.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 7/10/2025.
County standard PSA.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
1
PROFESSIONAL SERVICES AGREEMENT
Between
Jefferson County
And
The Benji Project
THIS PROFESSIONAL SERVICES AGREEMENT("this Agreement") is entered into between the
County of Jefferson, a municipal corporation("the County"), and The Benji Project, ("the Contractor"), in
consideration of the mutual benefits,terms, and conditions specified below.
1. Project Designation. The Consultant is retained by the County to provide the following Project:
Provide an evidence-based curriculum of Mindful Self-Compassion to teach adolescents tools for
managing difficult emotions, increasing resilience in the face of adversity, and coping with stress in
School Districts across East Jefferson County.
2. Scope of Services. Contractor agrees to perform the services identified on Exhibit"A"attached
hereto including the provision of all labor.
3. Time for Performance. This Agreement shall commence on July 1,2025, and continue through
June 30, 2026. Work performed consistent with this Agreement during its term,but prior to the
adoption of this Agreement, is hereby ratified. The Contractor shall perform all services pursuant
to this Agreement as outlined in Exhibit"A". Time is of the essence in the performance of this
Agreement.
4. Payment. The Contractor shall be paid by the County for completed work and for services
rendered under this Agreement as follows:
a. Payment for the work provided by Contractor shall be made on an hourly basis at the rate as
defined in Exhibit`B", attached hereto,provided that the total amount of payment to the
Contractor shall not exceed$23,126.39; without express written modification of the
Agreement signed by the County. The Contractor shall adhere to the budget amounts
pursuant to this Agreement as outlined in Exhibit`B".
b. Invoices must be submitted by the 10th of the month for the previous month's expenses.
Such invoices will be checked by the County,and upon approval thereof,payment will be
made to the Contractor in the amount approved. Failure to submit timely invoices and
reports pursuant to Exhibit"A"of the Agreement may result in a denial of reimbursement.
Invoices not submitted within 60 days may be denied.
c. Final payment of any balance due the Contractor, of the total contract price earned, will be
made promptly upon its ascertainment and verification by the County after the completion
of the work and submittal of reports under this Agreement and its acceptance by the
County.
d. Contractor shall provide invoices and necessary backup documentation for all services
including timesheets and statements(specifying the services provided). Any indirect
charges require the submittal of an indirect cost methodology and rate using 2 C.F.R. Part
255 and 2 C.F.R. Part 230.
Professional Services Agreement/The Benji Project-2025-2026 Page 1 of 18
AD-25-040
e. The Contractor's records and accounts pertaining to this Agreement are to be kept available
for inspection by representatives of the County and state for a period of six(6)years after
final payments. Copies shall be made available upon request.
f. The County reserves first right to use as match,the Chemical Dependency or Mental Health
Treatment Sales and Use Tax, (now known as the 1/10t of 1%Behavioral Health Sales
Tax)and the services funded by them for purposes of qualifying for additional funding and
grants. The County may allow the Contractor to use the 1/10t of 1%Behavioral Health
Sales Tax funds as match,at the County's sole discretion. Should the County decline to
use the 1/10t of 1%Behavioral Health Sales Tax funds as match for additional funding
and/or grants,then the County may authorize the Contractor to use such funds for match
(see ATTACHMENT A).
g. Where Contractor proposes to use 1/10t of 1%Behavioral Health Sales Tax funds for
match, Contractor shall be solely responsible for compliance with all state and federal laws
and regulations, including,but not limited to DSHS, CMS and MCSR funding rules,
applicable to the use of 1/10t of 1%Behavioral Health Sales Tax funds as match.
Contractor shall document they have met this responsibility by submitting to the County
Administrator, in writing,their match formula, allocation plan and any other documentation
required of them pursuant to ATTACHMENT A, attached hereto and incorporated in this
Agreement.
h. The County may withhold authorization to utilize the 1/10t of 1%Behavioral Health Sales
Tax funds as match. Contractor's failure to provide adequate documentation does not
relieve the Contractor of their responsibility to comply with all state and federal laws and
regulations related to match.
i. The County reserves first right to use as match the 1/10t of 1%Behavioral Health Sales
Tax fund to the County Administrator, in writing,their match formula, allocation plan and
any other documentation required of them pursuant to ATTACHMENT A, attached hereto
and incorporated in this Agreement.
5. Ownership and Use of Documents. All non-confidential or de-identified documents, drawings,
specifications, and other materials produced by the Contractor in connection with the services
rendered under this Agreement shall be the property of the County whether the project for which
they are made is executed or not. The Contractor shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information,reference and use in
connection with Contractor's endeavors. Contractor shall not be held liable for reuse of documents
or modifications thereof, including electronic data, by County or its representatives for any purpose
other than the intent of this Agreement.
6. Compliance with laws. Contractor shall, in performing the services contemplated by this
Agreement, faithfully observe and comply with all federal, state,and local laws, ordinances and
regulations,applicable to the services to be rendered under this Agreement.
7. Finance Review. Financial statements and related policies will be submitted to the County upon
request,within 30 days.
a. Upon request the County shall have the option of performing an onsite review of all
records, statements,and documentation.
Professional Services Agreement/The Benji Project-2025-2026 Page 2 of 18
b. If the County finds indications of potential non-compliance during the monitoring process,
the County shall notify Contractor within ten(10)days. County and Contractor shall meet
to discuss areas of contention in an attempt to resolve issues.
c. If an audit is requested,the audit will provide statements consistent with the guidelines of
Reporting for Other Non-Profit Organizations AICPA SOP 78-10, and is performed in
accordance with generally accepted auditing standards and with Federal Standards for
Audit of Governmental Organizations, Programs, Activities and Functions, and meeting all
requirements of 2 C.F.R. Part 200, as applicable.
8. Indemnification. The Contractor shall defend, indemnify and hold the County, its officers,
officials, employees, agents and volunteers(and their marital communities)harmless from any
claims, injuries,damages, losses or suits, including attorney's fees, arising out of or resulting from
the acts, errors or omissions of the Contractor in performance of this Agreement, except for injuries
and damages caused by the sole negligence of the County. Should a court of competent
jurisdiction determine this Agreement is subject to RCW 4.24.115 if liability for damages occurs
arising out of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Contractor and the County, its officers, officials, employees, agents
and volunteers(and their marital communities)the Contractor's liability, including the duty and
cost to defend, shall be only for the Contractor's negligence. It is further specifically understood
that the indemnification provided constitutes the Contractor's waiver of immunity under Industrial
Insurance,Title 51 RCW, solely for the purposes of this indemnification. This waiver has been
mutually negotiated by the parties. This section shall survive the expiration or termination of this
Agreement.
9. Insurance. Prior to commencing work,the Contractor shall obtain at its own cost and expense the
following insurance coverage specified below and shall keep such coverage in force during the
terms of the Agreement.
a. Commercial Automobile Liability Insurance is waived based on the Benji Project's
representation and warranty that it never transport's clients.
b. Commercial General Liability Insurance in an amount not less than a single limit of one
million dollars($1,000,000)per occurrence and an aggregate of not less than two (2)times
the occurrence amount($2,000,000.00 minimum)for bodily injury, including death and
property damage, unless a greater amount is specified in the contract specifications. The
insurance coverage shall contain no limitations on the scope of the protection provided and
include the following minimum coverage:
i. Broad Form Property Damage, with no employee exclusion;
ii. Personal Injury Liability, including extended bodily injury;
iii. Broad Form Contractual/Commercial Liability—including coverage for products
and completed operations;
iv. Premises—Operations Liability (M&C);
v. Independent Contractors and subcontractors;
vi. Blanket Contractual Liability.
Professional Services Agreement/The Benji Project-2025-2026 Page 3 of 18
c. Professional Liability Insurance. The Contractor shall maintain professional liability
insurance against legal liability arising out of activity related to the performance of this
Agreement, on a form acceptable to Jefferson County Risk Management in the amounts of
not less than$1,000,000 Each Claim and$2,000,000 Aggregate. The professional liability
insurance policy should be on an"occurrence"form. If the professional liability policy is
"claims made,"then an extended reporting periods coverage(tail coverage) shall be
purchased for three(3)years after the end of this Agreement, at the Contractor's sole
expense. The Contractor agrees the Contractor's insurance obligation to provide
professional liability insurance shall survive the completion or termination of this
Agreement for a minimum period of three(3)years.
d. The County shall be named as an"additional named insured"under all insurance policies
required by this Agreement,except Professional Liability Insurance when not allowed by
the insurer.
e. Such insurance coverage shall be evidenced by one of the following methods: (a)
Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of Credit from
a qualified financial institution.
f. The Contractor shall furnish the County with properly executed certificates of insurance
that, at a minimum, shall include: (a)The limits of overage; (b)The project name to which
it applies; (c) The certificate holder as Jefferson County, Washington and its elected
officials, officers, and employees with the address of Jefferson County Public Health 615
Sheridan Street, Port Townsend, WA 98368, and, (d)A statement that the insurance policy
shall not be canceled or allowed to expire except on thirty (30)days prior written notice to
the County. If the proof of insurance or certificate indicating the County is an"additional
insured"to a policy obtained by the Contractor refers to an endorsement(by number or
name)but does not provide the full text of that endorsement,then it shall be the obligation
of the Contractor to obtain the full text of that endorsement and forward that full text to the
County. Certificates of coverage as required by this section shall be delivered to the
County within fifteen(15)days of execution of this Agreement.
g. Failure of the Contractor to take out or maintain any required insurance shall not relieve the
Contractor from any liability under the Agreement,nor shall the insurance requirements be
construed to conflict with or otherwise limit the obligations concerning indemnification of
the County.
h. The Contractor's insurers shall have no right of recovery or subrogation against the County
(including its employees and other agents and agencies), it being the intention of the parties
that the insurance policies,with the exception of Professional Liability Insurance, so
affected shall protect both parties and be primary coverage for all losses covered by the
above described insurance.
i. Insurance companies issuing the policy or policies shall have no recourse against the
County (including its employees and other agents and agencies) for payment of any
premiums or for assessments under any form of policy.
j. All deductibles in the above described insurance policies shall be assumed by and be at the
sole risk of the Contractor.
k. Any deductibles or self-insured retention shall be declared to and approved by the County
prior to the approval of this Agreement by the County. At the option of the County,the
Professional Services Agreement/The Benji Project-2025-2026 Page 4 of 18
insurer shall reduce or eliminate deductibles or self-insured retention, or the Contractor
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
1. Insurance companies issuing the Contractor's insurance policy or policies shall have no
recourse against the County (including its employees and other agents and agencies)for
payment of any premiums or for assessments under any form of insurance policy.
m. Any judgments for which the County may be liable, in excess of insured amounts required
by this Agreement,or any portion thereof,may be withheld from payment due, or to
become due,to the Contractor until the Contractor shall furnish additional security covering
such judgment as may be determined by the County.
n. Any coverage for third party liability claims provided to the County by a"Risk Pool"
created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy of
insurance the Contractor must provide in order to comply with this Agreement.
o. The County may, upon the Contractor's failure to comply with all provisions of this
Agreement relating to insurance, withhold payment or compensation that would otherwise
be due to the Contractor.
p. The Contractor's liability insurance provisions shall be primary and noncontributory with
respect to any insurance or self-insurance programs covering the County, its elected and
appointed officers, officials, employees, and agents.
q. Any failure to comply with reporting provisions of the insurance policies shall not affect
coverage provided to the County, its officers,officials,employees, or agents.
r. The Contractor's insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
s. The Contractor shall include all subcontractors as insured under its insurance policies or
shall furnish separate certificates and endorsements for each subcontractor. All insurance
provisions for subcontractors shall be subject to all the requirements stated herein.
t. The insurance limits mandated for any insurance coverage required by this Agreement are
not intended to be an indication of exposure nor are they limitations on indemnification.
u. The Contractor shall maintain all required insurance policies in force from the time services
commence until services are completed. Certificates, insurance policies, and endorsements
expiring before completion of services shall be promptly replaced. All the insurance
policies required by this Agreement shall provide that thirty (30)days prior to cancellation,
suspension,reduction or material change in the policy,notice of same shall be given to the
Jefferson County Public Health Contracts Manager by registered mail,return receipt
requested.
v. The Contractor shall place insurance with insurers licensed to do business in the State of
Washington and having A.M. Best Company ratings of no less than A-, with the exception
that excess and umbrella coverage used to meet the requirements for limits of liability or
gaps in coverage need not be placed with insurers or re-insurers licensed in the State of
Washington.
w. The County reserves the right to request additional insurance on an individual basis for
extra hazardous contracts and specific service agreements.
Professional Services Agreement!The Benji Project-2025-2026 Page 5 of 18
10. Worker's Compensation(Industrial Insurance).
a. If and only if the Contractor employs any person(s) in the status of employee or employees
separate from or in addition to any equity owners, sole proprietor,partners, owners or
shareholders of the Contractor,the Contractor shall maintain workers' compensation
insurance at its own expense, as required by Title 51 RCW, for the term of this Agreement
and shall provide evidence of coverage to Jefferson County Public Health,upon request.
b. Worker's compensation insurance covering all employees with limits meeting all applicable
state and federal laws. This coverage shall include Employer's Liability with limits meeting
all applicable state and federal laws.
c. This coverage shall extend to any subcontractor that does not have their own worker's
compensation and employer's liability insurance.
d. The Contractor expressly waives by mutual negotiation all immunity and limitations on
liability,with respect to the County,under any industrial insurance act, disability benefit
act, or other employee benefit act of any jurisdiction which would otherwise be applicable
in the case of such claim.
e. If the County incurs any costs to enforce the provisions of this subsection, all cost and fees
shall be recoverable from the Contractor.
11. Independent Contractor. The Contractor and the County agree that the Contractor is an
independent contractor with respect to the services provided pursuant to this Agreement. The
Contractor specifically has the right to direct and control Contractor's own activities, and the
activities of its subcontractors, employees, agents, and representatives, in providing the agreed
services in accordance with the specifications set out in this Agreement. Nothing in this
Agreement shall be considered to create the relationship of employer and employee between the
parties. Neither Contractor nor any employee of Contractor shall be entitled to any benefits
accorded County employees by virtue of the services provided under this Agreement, including,
but not limited to: retirement,vacation pay;holiday pay; sick leave pay; medical, dental, or other
insurance benefits; fringe benefits; or any other rights or privileges afforded to Jefferson County
employees. The County shall not be responsible for withholding or otherwise deducting federal
income tax or social security or for contributing to the state industrial insurance program, otherwise
assuming the duties of an employer with respect to Contractor, or any employee of Contractor.
12. Subcontracting Requirements.
a. The Contractor is responsible for meeting all terms and conditions of this Agreement
including standards of service, quality of materials and workmanship, costs,and schedules.
Failure of a subcontractor to perform is no defense to a breach of this Agreement. The
Contractor assumes responsibility for and all liability for the actions and quality of services
performed by any subcontractor.
b. Every subcontractor must agree in writing to follow every term of this Agreement. The
Contractor must provide every subcontractor's written agreement to follow every term of
this Agreement before the subcontractor can perform any services under this Agreement.
The Public Health Director or their designee must approve any proposed subcontractors in
writing.
Professional Services Agreement/The Benji Project-2025-2026 Page 6 of 18
c. Any dispute arising between the Contractor and any subcontractors or between
subcontractors must be resolved without involvement of any kind on the part of the County
and without detrimental impact on the Contractor's performance required by this
Agreement.
13. Covenant Against Contingent Fees. The Contractor warrants that he has not employed or retained
any company or person, other than a bona fide employee working solely for the Contractor,to
solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person,
other than a bona fide employee working solely for the Contractor, any fee, commission,
percentage,brokerage fee,gifts, or any other consideration contingent upon or resulting from the
award or making of this Agreement. For breach or violation of this warranty,the County shall
have the right to annul this Agreement without liability or, in its discretion to deduct from the
contract price or consideration, or otherwise recover,the full amount of such fee,commission,
percentage,brokerage fee, gift, or contingent fee.
14. Discrimination Prohibited. The Contractor,with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, color,national origin, religion, creed, age,
gender, sexual orientation,material status, sex, or the presence of any physical or sensory handicap
in the selection and retention of employees or procurement of materials or supplies.
15.No Assignment. The Contractor shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the County. Assignment does not include
printing or other customary reimbursable expenses that may be provided in an agreement.
16.Non-Waiver. Waiver by the County of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
17. Termination.
a. The County reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Contractor.
b. In the event of the death of a member,partner, or officer of the Contractor, or any of its
supervisory personnel assigned to the project,the surviving members of the Contractor
hereby agree to complete the work under the terms of this Agreement, if requested to do so
by the County. This section shall not be a bar to renegotiations of this Agreement between
surviving members of the Contractor and the County, if the County so chooses.
c. The County reserves the right to terminate this contract in whole or in part,with 10 days'
notice, in the event that expected or actual funding from any funding source is withdrawn,
reduced, or limited in any way after the effective date of this agreement. In the event of
termination under this clause,the County shall be liable for only payment for services
rendered prior to the effective date of termination.
18.Notices. All notices or other communications which any party desires or is required to give shall
be given in writing and shall be deemed to have been given if hand-delivered, sent by facsimile,
email,or mailed by depositing in the United States mail,prepaid to the party at the address listed
below or such other address as a party may designate in writing from time to time.
Professional Services Agreement/The Benji Project-2025-2026 Page 7 of 18
Notices to the County shall be sent to the following address:
Jefferson County Public Health
ATT: Apple Martine—Interim BH County Coordinator
615 Sheridan Street
Port Townsend, WA 98368
Notices to Contractor shall be sent to the following address:
The Benji Project
ATT: Heather McRae-Woolf
P.O. Box 1487
Port Townsend, WA 98368
19. Integrated Agreement. This Agreement together with attachments or addenda represents the entire
and integrated Agreement between the County and the Contractor and supersedes all prior
negotiations, representations, or agreements written or oral. No representation or promise not
expressly contained in this Agreement has been made. This Agreement supersedes all prior or
simultaneous representations, discussions, negotiations, and agreements,whether written or oral,
by the County within the scope of this Agreement. The Contractor ratifies and adopts all
statements,representations, warranties,covenants, and agreements contained in its proposal,and
the supporting material submitted by the Contractor,accepts this Agreement and agrees to all of the
terms and conditions of this Agreement.
20. Modification of this Agreement. This Agreement may be amended only by written instrument
signed by both County and Contractor.
21. Disputes. The Parties agree to use their best efforts to prevent and resolve disputes before they
escalate into claims or legal actions. Any disputed issue not resolved pursuant to the terms of this
Agreement shall be submitted in writing within 10 days to the County Risk Manager, whose
decision in the matter shall be final, but shall be subject to judicial review. If either party deem it
necessary to institute legal action or proceeding to enforce any right or obligation under this
Agreement, each party in such action shall bear the cost of its own attorney's fees and court costs.
Any legal action shall be initiated in the Superior Court of the State of Washington for Jefferson
County. The parties agree that all questions shall be resolved by application of Washington law
and that the parties have the right of appeal from such decisions of the Superior Court in
accordance with the laws of the State of Washington. The Contractor hereby consents to the
personal jurisdiction of the Superior Court of the State of Washington for Jefferson County.
22. Section Headings. The headings of the sections of this Agreement are for convenience of reference
only and are not intended to restrict, affect,or be of any weight in the interpretation or construction
of the provisions of the sections or this Agreement.
23. Limits of Any Waiver of Default. No consent by either party to, or waiver of,a breach by either
party,whether express or implied, shall constitute a consent to,waiver of,or excuse of any other,
different, or subsequent breach by either party.
24.No Oral Waiver. No term or provision of this Agreement will be considered waived by either
party,and no breach excused by either party, unless such waiver or consent is in writing signed on
behalf of the party against whom the waiver is asserted. Failure of a party to declare any breach or
Professional Services Agreement/The Benji Project-2025-2026 Page 8 of 18
default immediately upon the occurrence thereof, or delay in taking any action in connection with,
shall not waive such breach or default.
25. Severability. Provided it does not result in a material change in the terms of this Agreement, if any
provision of this Agreement or the application of this Agreement to any person or circumstance
shall be invalid, illegal, or unenforceable to any extent,the remainder of this Agreement and the
application this Agreement shall not be affected and shall be enforceable to the fullest extent
permitted by law.
26. Binding on Successors, Heirs and Assigns. This Agreement shall be binding upon and inure to the
benefit of the parties' successors in interest,heirs, and assigns.
27.No Assignment. The Contractor shall not sell, assign, or transfer any of rights obtained by this
Agreement without the express written consent of the County.
28.No Third party Beneficiaries. The parties do not intend,and nothing in this Agreement shall be
construed to mean,that any provision in this Agreement is for the benefit of any person or entity
who is not a party.
29. Signature in Counterparts. The parties agree that separate copies of this Agreement may be signed
by each of the parties and this Agreement shall have the same force and effect as if all the parties
had signed the original.
30. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures
shall have the same force and effect as original signatures.
31. Arms-Length Negotiations. The parties agree that this Agreement has been negotiated at arms-
length,with the assistance and advice of competent, independent legal counsel.
32. Public Records Act. Notwithstanding the provisions of this Agreement to the contrary,to the
extent any record, including any electronic,audio,paper or other media, is required to be kept or
indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56
RCW, as may hereafter be amended,the Contractor agrees to maintain all records constituting
public records and to produce or assist the County in producing such records,within the time
frames and parameters set forth in state law. The Contractor further agrees that upon receipt of any
written public record request, Contractor shall,within two business days, notify the County by
providing a copy of the request per the notice provisions of this Agreement.
33. Confidentiality. With respect to all information relating to County that is confidential and clearly
so designated, as required by the Health Insurance Portability and Accountability Act(HIPAA)and
any other applicable privacy laws,the Contractor agrees to keep such information confidential.
The Contractor shall not disclose,transfer, or sell any such information to any party, except as
provided by law or, in the case of personal information,with the prior written consent of the person
to whom the personal information pertains. The Contractor shall maintain the confidentiality of all
personal information and other information gained by reason of this Agreement, and shall return or
certify the destruction of such information if requested in writing by Jefferson County. This
Agreement,once executed,will be a"public record" subject to production to a third party if same
is requested pursuant to the Washington Public Records Act, Chapter 42.56 RCW, as may
hereafter be amended.
Professional Services Agreement/The Benji Project-2025-2026 Page 9 of 18
34. Criminal History/Background Check. Each of the Contractor's employees,the employees of any of
the Contractor's approved subcontractor,or volunteers used by the Contractor shall submit to a
Washington State Patrol fingerprint identity and criminal history check before they are authorized
to perform services for the Project. The County agrees to bear all reasonable costs incurred in the
performance of this fingerprint identity and criminal history check. Contractors who may or will
have regular access or limited access to any juveniles shall also:
a. Require that each of the Contractor's employees,the employees of any of the Contractor's
approved subcontractor, or volunteers used by the Contractor undergo not less often than
once every three (3)years another Jefferson County approved criminal history and
background check;
b. Ensure all employees, subcontractors, or volunteers are knowledgeable about the
requirements of RCW 13.40.570 and of the new crimes included in RCW 9A.44, Sexual
Offense;
c. Sign the Contractor Requirements for Responding to Situation of Sexual Misconduct Form,
and shall submit to Jefferson County with signed Agreement.
APPROVED AND ADOPTED this day of , 2025.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Professional Services Agreement/The Benji Project-2025-2026 Page 10 of 18
SIGNATURE PAGE
JEFFERSON COUNTY WASHINGTON THE BENJI PROJECT
Board of County Commissioners
Jefferson County,Washington
By: By:
Heidi Eisenhour, Chair Signature
By: Name: k CA'Lkr K c. IKet�C.—Ll c
Greg Brotherton, Commissioner }�
Title: EXCC UM fie- Y� i r f-
By: Date: 9 /2,5--
Heather Dudley-Nollette, Commissioner
SEAL:
ATTEST:
Carolyn Gallaway,
Clerk of the Board
Approved as to form only:
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"i` ji., , for 07/10/2025
P'bilip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
THE FOLLOWING SUBCONTRACTORS WORKING WITH THE BENJI PROJECT AGREE
TO FOLLOW THE TERMS OF THIS AGREEMENT:
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Name of Subcontractor(Please print) Name of Subcontractor(Please print)
igna(ur (Si ature
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Date Date
Professional Services Agreement/The Benji Project-2025-2026 Page 11 of 18
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ADDITIONAL SUBCONTRACTOR SIGNATURES:
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(Signature)
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Dat Date
Professional Services Agreement/The Benji Project-2025-2026 Page 12 of 18
EXHIBIT A
Scope of Work
The Benji Project
July 1, 2025—June 30, 2026
RESPONSIBILITIES:
The County, as administrator of the 1/10t of 1% Sales and Use Tax Funds, and The Benji Project agree
that The Benji Project will provide services to individuals as described in this Contract, including
EXHIBIT A: Scope of Work; EXHIBIT B: Budget Sheet/Fee Schedule; and EXHIBIT C: Logic
Model and Performance Measures; and further agrees to comply with the stipulations contained in
ATTACHMENT A; attached hereto and incorporated herein.
The Benji Project as a contracted Vendor agrees to:
• Use an evidence-based curriculum of Mindful Self-Compassion to teach adolescents tools for
managing difficult emotions, coping with stress, increasing emotional resilience in the face of
adversity, improving life satisfaction and outlook on the future,as well as promoting positive
behaviors. There will be school-based programs in East Jefferson County school districts;
community-based programs and summer camps; and workshops for families with opportunities for
parents to reflect on how mindfulness can support them in holding compassionate space for their
children contributing to family harmony.
• Collaborate with middle and high schools in East Jefferson County to offer a series of Benji
Project-provided sessions either during or after the school day,to be determined through
consultation between The Benji Project and school administrators for young people ages 11 to 19.
Across the County,these programs will serve an estimated 325 middle and high schoolers and 100
family members in Jefferson County,over a one-year period. Options for Benji Project sessions
include:
a. An 8-week after-school series,with 2-hour sessions once per week.
b. In-school sessions,offered in a series of 4 to 8 sessions,each one timed to match the length
of a standard class period. These may be integrated into a Health or Life Skills curriculum,
or as part of another course.
c. Pull-out sessions with smaller groups of students, identified either by student choice or by
administrator selection.
d. A Kindness Club model, where small groups of students participate in a short introductory
series of sessions related to Mindful Self-Compassion, either during the school day or after
school.
• Provide continuing education for our instructors through in-house trainings, quarterly instructor
meetings, sessions offered by community partners within their areas of expertise,or external
trainings as needed. Instructors received ongoing support and curriculum consultation from
Executive Director and Program Coordinators.
• Complete background checks for all instructors;to be redone for every 3 years.
• Provide clerical,billing, and general office support,to include administration.
Professional Services Agreement/The Benji Project-2025-2026 Page 13 of 18
• Provide a monthly invoice of expenses to JCPH.
• Collect and prepare data for internal and external evaluation purposes. Data includes, but is not
limited to:
a. Number of sessions provided, and number of students participating; same for parent
participants.
b. Instructors will complete an online reflection form, where they report numbers of students
who participated and observations about the session. Then at the end of the program as a
whole, instructors complete a more extensive online reflection form, where they report
changes observed in the group during the program as well as any challenges encountered.
c. Implement a new feedback collection process of sending an online survey to teachers
and/or administrators who had close interaction with the program, either in the classroom
with us or supporting students participating in the program. This allows us to hear from the
adults who can observe and reflect on the effectiveness and impact on students.
d. At the end of each program of at least 4 sessions, we collect feedback from participants
indicating student view of how the program supported their wellbeing. In some program
contexts, for example presenting to a PE class where students are not at desks and do not
have pencils, this feedback may be collected verbally.
• Quarterly electronic reports will be sent to the Public Health Epidemiologist in a form as specified
by Jefferson County Public Health, as outlined in the Quarterly Evaluation Reporting Template.
• Upon request, additional reports of activities and services to be provided to the JCPH Contract
Representative.
• Attend and report to the Behavioral Health Advisory Committee at least once a year, to present a
progress report about the mental health services provided by the 1/10th of 1% fund.
Professional Services Agreement/The Benji Project-2025-2026 Page 14 of 18
EXHIBIT B
Budget/Fee Schedule
The Benji Project
July 1, 2025 —June 30, 2026
REQUESTED FROM OTHER FUNDING TOTAL
PERSONNEL COSTS SALES TAX SOURCE BUDGET
Executive Director
35% of 0.875 FTE, $0 $32,174 $32,174
564 hours/year,
$57.10/ hour
Operations Director
50% of 0.75 FTE, $0 $29,552 $29,552
690 hours/year,
$42.83 / hour
Program Coordinator
80% of 0.625 FTE, $7,500 $28,286 $35,786
920 hours/year,
$41.57 / hour
Contract Instructors (Senior
Instructor, Instructor, Instructor $13,525 $52,427 $65,952
In-Training) - -
Benefits for each Employee
Executive Director $0 $840 $840
Operations Director $0 $1,200 $1,200
Program Coordinator $0 $1,920 $1,920
OPERATING COSTS
Supplies/Materials _ $0 $12,199 $12,199
Travel $0 I $1,464 $1,464
Admin- (includes office rent &
utilities, insurance, $2,101.39 $16,007 $18,109
technology/software, and staff
training/continuing education)
OTHER COSTS
(If Other — Please Describe) $0 $0 $0
TOTAL COST $23,126.39 $176,069 $199,196
Professional Services Agreement/The Benji Project-2025-2026 Page 15 of 18
EXHIBIT C
Logic Model
The Benji Project
July 1, 2025 —June 30, 2026
The Benji Project Mindful Self-Compassion Programs
Outcome
...so that...
Consistent with research
studies of Mindful
cn •r Self-Compassion for
so that.. Teens, we expect the
• Approximately 325 youth and following outcomes for
100 family members across youth participants:
Jefferson County will participate • Improvement in
in Mindful Self-Compassion
I'rncces sessions. resilience during
...so that... • Youth and families who stressful moments.
• Sequential experience the Mindful • Reductions in
activity-based lessons Self-Compassion program will
gain tools in the fouowing:1. feelings of
as developed by the Practicing present-moment burdensomeness.
Input Center for Mindful awareness.2.Acknowledging
Self-Compassion and common humanity.3.Practicing For families,we expect an
adapted by The Benji self-kindness and reducing
self-judgment increased awareness of
• At least two Benji Project Project for local • We will collect data related to
jmindfulness and
communities. the copingstrategies b self-compassion practices
instructors per cohort. g y
• Topics including brain youth and family participants
• Youth panic pants ages science, using the • We will collect feedback from as resources for parenting.
11-19. physical senses as a youth in programs of four
sessions or more.
• Families of youth ages calming practice,and
11.19 gratitude practices for
greater well-being.
• Mindful Self-Compassion • Youth participants are
for Teens curriculum. prompted to apply
• School and community their learning between
partners. class sessions when
• School and community every day stressors
classroom spaces occur.
• Budget anc materials.
Professional Services Agreement/The Benji Project-2025-2026 Page 16 of 18
ATTACHMENT A
JEFFERSON COUNTY
1/10th of 1% BEHAVIORAL HEALTH SALES TAX FUNDING-
MATCH POLICY
Definitions:
Match: is a requirement for the grantee to provide contributions of a specified amount or
percentage to match funds provided by another grantor. Matching can be in the form of cash or in-
kind contributions.
Regulations: The specific requirements for matching funds are unique to each federal or state
program. The A-102 Common Rule provides criteria for acceptable costs and contributions in
regard to match.
Jefferson County Policy:
In 2005,the Washington State Legislature created an option for counties to raise the local sales tax by 0.1
percent, (the 1/10th of 1% sales tax initiative)to augment state funding for behavioral health treatment.
Jefferson County collects and distributes the 1/10th of 1%Behavioral Health Sales Tax fund. Services
purchased by the County are allocated through a formal Request for Proposal (RFP)process, review and
contracting; staffed by Jefferson County Public Health,overseen by Jefferson County Behavioral Health
Advisory Committee and adopted by the Board of County Commissioners, (BoCC). BoCC does not
assume any fiscal responsibility/liability for any of the Contractors they contract for services with.
Jefferson County reserves the first right to use as match the 1/10t1i of 1%Behavioral Health Sales Tax
funds and the services funded by them for purposes of qualifying for additional funding and grants.
County may make available to the Contractor the 1/10t of 1%Behavioral Health Sales Tax funds for the
Contractor to propose as match to state, federal or other entities,at the County's sole discretion.
Contractor shall not use the 1/10th of 1%Behavioral Health Sales Tax funds for match without prior
authorization by the Jefferson County Administrator and County fiscal team. To request authorization of
availability of the funds for match, Contractor must apply to the County Administrator in writing,and
include their match formula and allocation plan and may include other documentation to support their
request. The County Administrator will authorize or deny the availability of match funds in writing within
30 days of the application.
If the County informs the Contractor of the availability of the 1/10th of 1%Behavioral Health Sales Tax
funds for match,then the Contractor shall be solely responsible for compliance with all state and federal
laws and regulations, including,but not limited to DSHS, CMS and BIRR funding rules, applicable to the
use of 1/10th of 1%Behavioral Health Sales Tax funds as match. Following state, federal and local
guidelines for match is the responsibility of the Contractor.
Professional Services Agreement/The Benji Project-2025-2026 Page 17 of 18
For example, if a Contractor provides Title XIX Medicaid services (the Policy 19.50.02 or 42CFR 430.30)
they are required by those rules to actually bill Medicaid for the services at the same time. If no Medicaid
billing exists,the match would not comply with state and federal guidelines for match.
Concurrent with its request for authorization of the availability of match, Contractor shall document it has
met its responsibility to follow state, federal and local guidelines for match by submitting in writing to the
County Administrator their match formula, allocation plan,and other documentation made mandatory
pursuant to this Agreement and this Attachment A. At a minimum,the Contractor shall also provide the
following to the County Administrator:
1. DSHS requires contractors to complete and submit a"Local Match Certification" form
(DSHS 06-155)or a form that has equivalent data elements prior to any agreement for
DSHS services. Submit a copy of this application and form when requesting match
availability from the County and at each monthly billing.
2. Submit the current administrative policy within WA State regulating your services and the
use of local match.
3. Submit to the County your last fmancial audit showing your use of match, County funds
and tracking systems. Or, submit to the County your recent financial statements and related
policies showing your use of match, County funds and tracking systems.
4. Submit to the County the terms of the agreement showing the MH/SA allocation is an
allowable source of match.
5. Provide documentation that your financial reporting system tracks matching funds at a level
that meets the level of documentation required by federal or state statutes.
The County may reject permission for Contractor to utilize the 1/10t of 1%Behavioral Health Sales Tax
funding as match.
Professional Services Agreement/The Benji Project-2025-2026 Page 18 of 18