HomeMy WebLinkAboutCONSENT DBH JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Josh Peters, County Administrator
FROM: Sheriff Andy Pernsteiner
DATE: L).e pka>11/..6r- oti,
SUBJECT: Navigator contract with Discovery Behavioral Health
STATEMENT OF ISSUE:
JCSO has been working with Discovery Behavioral Health since 2021 in partnership on a Mental Health
Navigator. Our most recent contract was yearly and has expired, so we are submitting a new 3 year
contract.
ANALYSIS:
Working with DHB has been a great partnership and provided our community with a mental health resource
that was much needed.
FISCAL IMPACT:
For the past several years we have had this position budgeted. The current amount of our agreement with
DBH is $30,000 annually. That amount is set to increase to $37,991 for 2026, $39890 for 2027 and
$41,815 for 2027. The total amount of this agreement over the 3 year time frame should not exceed
$113,788 since it goes from June of 2025 through May of 2028.
RECOMMENDATION:
Approve this contract so JCSO can continue their partnership with DBH.
REVIEWED BY:
4. #
Jo Peters, County Administrator Date
CONTRACT REVIEW FORM I Clear Form I
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Discovery Behavioral Health Contract No: JCSO 2025-1
Contract For: Mental Health Navigator Term: 3 years
COUNTY DEPARTMENT: shenfrsOfice
Contact Person: Andy Pernatelner
Contact Phone: (360)344-9760
Contact email: apemsteiner&o.jef►erson.wa.us
AMOUNT: $t 13,788 PROCESS: Exempt from Bid Process
Revenue: 0 Cooperative Purchase
Expenditure: 113,788(over 3 years) Competitive Sealed Bid
Matching Funds Required: ~Small Works Roster
Sources(s)of Matching Funds General Fund — Vendor List Bid
Fund # 00t RFP or RFQ
Munis Org/Obj 180/SH52122 i 410155 Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIAN ' H JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: N/A:n _ 8"..2'-2 r
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: n N/A: E �1�23•-
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 8/28/2025.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 8/28/2025.
Standard PSA terms included. PAO pre-reviewed.
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
VQ
CONTRACT FOR PROFESSIONAL SERVICES
BETWEEN
JEFFERSON COUNTY
AND
DISCOVERY BEHAVIORAL HEALTHCARE
This Contract for Professional Services Between Jefferson County and Discovery Behavioral
Healthcare(this Agreement)is made and entered into between Jefferson County(the COUNTY)and
Discovery Behavioral Healthcare, UBI Number: 601 357 458, (CONTRACTOR), for provision of
Navigator Mental Health Services Jefferson County for a Mental Health Field Response Team.
IT IS AGREED UPON BY THE PARTIES AS FOLLOWS:
A. TERM OF THIS AGREEMENT
The term of this Agreement is from June 1 St 2025 through May 31 SI 2028.Work performed consistent
with this Agreement during its term,but prior to adoption of this Agreement, is hereby ratified.
B. EFFECTIVE DATE
This Agreement is effective on the day the last party signs this Agreement.
C. TERMINATION
(1) Should a party default in providing services under this Agreement or materially breach any
of its provisions, the other party may terminate this Agreement upon ten(10) days written
notice. A party shall have the right and opportunity to cure any such material breach within
the ten(10) day period.
(2) The COUNTY may terminate this Agreement upon immediate notice to CONTRACTOR
in the event that the funding for the project ceases or is reduced in amount.
CONTRACTOR will be reimbursed for services expended up to the date of termination.
(3) This Agreement may be terminated without cause at any time by either party subject to a
sixty (60)day advance written notice of such termination to the other party.
(4) Termination of this Agreement shall not constitute a breach of this Agreement.
D. PROFESSIONAL SERVICES BY CONTRACTOR
Professional services to be provided by CONTRACTOR shall include:
(1) Co-response to calls for service. CONTRACTOR will provide a qualified person to serve as
a Mental Health Navigator. A qualified person shall have crisis responder experience, and
either be Mental Health Professional, or have supervision of a Mental Health Professional
weekly.
(2) Financial and Program Management. CONTRACTOR will maintain an
administrative/organizational structure that clearly defines responsibilities; systems and
personnel to maintain accounting records that accurately reflect all program revenues and
expenditures; prepare monthly statements of activity; maintain appropriate client service
records and progress reports; and track key program performance indicators.
(3) Perform All Contractor Obligations. In addition to the above, CONTRACTOR shall fulfill
all of CONTRACTOR Obligations listed below.
E. CONTRACTOR'S OBLIGATIONS
CONTRACTOR shall fulfill the following obligations:
(1) CONTRACTOR shall comply with all state and federal requirements regarding the
confidentiality of participant records.
(2) CONTRACTOR shall have written policies regarding sexual harassment and non-
discrimination(said policies must guarantee human/civil rights);regarding a person's right
to privacy, regarding safeguarding personal information and abuse of participants;
regarding agency medication procedure; regarding respectful staff-to-participant
interactions (i.e.: including a person's right to be treated with dignity and respect free of
abuse).
(3) CONTRACTOR shall have a grievance policy that:
(a) Negotiates conflicts and advises participants of grievance procedures;
(b) Is explained to participants;
(c) Prohibits retaliation for using the grievance process;
(d) Includes a non-retaliation statement;
(e) Assures that advocates are available and encourages participants to bring advocates
to help negotiate;
(f) Includes a mediation process that promotes the use of someone who is unaffected
by the outcome if conflicts remain unresolved; and,
(g) Includes a process for tracking and reporting grievances.
(4) CONTRACTOR shall comply with all applicable federal, state and local regulations.
(5) CONTRACTOR shall comply with all applicable Jefferson County Sheriff's Office and jail
policies.
(6) CONTRACTOR shall track and analyze incident reports for potential trends and patterns.
(7) CONTRACTOR shall maintain access to current emergency contact and medical
information(medications, diet, allergies, etc.) for each participant.
(8) CONTRACTOR shall provide the following:
(a) Equal Access: CONTRACTOR will assure equal access to persons who do not
speak or have a limited ability to speak, read, or write English well enough to
understand and communicate effectively.
Discovery Behavioral Healthcare Contract(2025)- Page 2 of 10
(b) Qualified Staff: CONTRACTOR will provide adequate, qualified staff with skills
and experience in evaluation, training, supervision, counseling and support of
adults with developmental disabilities who are earning wages, per Section D.
CONTRACTOR will assure that all direct service staff are trained,and that training
is documented. CONTRACTOR will provide the COUNTY with information
regarding staff qualifications upon request.
F. FUNDING WITHDRAWN,REDUCED OR LIMITED
If the COUNTY determines in its sole discretion that the funds it relied upon to establish this
Agreement have been withdrawn, reduced or limited, or if additional or modified conditions are
placed on such funding after the effective date of this Agreement but prior to the normal completion
of this Agreement,then the COUNTY,at its sole discretion,may: (1)Terminate this agreement; (2)
Renegotiate this Agreement under the revised funding conditions; or, (3) Suspend
CONTRACTOR's performance under this Agreement upon five (5) business days' advance notice
to CONTRACTOR,if the COUNTY determines that there is a reasonably likelihood that the funding
insufficiency may be resolved in time to allow CONTRACT's performance to resume prior to the
normal completion date of this Agreement.
G. REIMBURSEMENTS
(1) Total reimbursements to CONTRACTOR by the COUNTY for each fiscal year under this
Agreement shall not exceed $42,000, including any allowable expenses for the services
provided under this Agreement without express written amendment signed by both parties
to this Agreement.
(2) For said services rendered under this Agreement, the COUNTY shall reimburse
CONTRACTOR pursuant to this Agreement.
(3) CONTRACTOR will bill the COUNTY monthly in arrears and on a monthly basis, on or
before the 5th day of the month, for units of service provided under this Agreement.
CONTRACTOR will submit a Monthly Services Report for its billings. At no time shall the
invoices for reimbursement be submitted more than 60 calendar days following the last day
of the month for which the services were provided without approval from the COUNTY.
(4) The COUNTY may, at its option, withhold reimbursement for any month for which
required reports and/or invoices have not been received, or are not accurate and/or
complete, or for contractual non-compliance issues.
H. OVERPAYMENTS OR ERRONEOUS PAYMENTS TO CONTRACTOR
If overpayments or erroneous payments have been made to CONTRACTOR under this Agreement,
the COUNTY will provide notice to CONTRACTOR and CONTRACTOR shall refund the full
amount of the overpayment within thirty (30)calendar days of the notice. If CONTRACTOR fails
to make timely refund,the COUNTY may charge CONTRACTOR one percent(1%)per month on
the amount due,until paid in full.
Discovery Behavioral Healthcare Contract(2025)- Page 3 of 10
I. RECORDS AND DOCUMENTS REVIEW
(1) CONTRACTOR must maintain books, records, documents, magnetic media, receipts,
invoices or other evidence relating to this Agreement and the performance of the services
rendered, along with accounting procedures and practices, all of which sufficiently and
properly reflect all direct and indirect costs of any nature expended in the performance of
this Agreement.At no additional cost,these records,including materials generated under this
Agreement, are subject at all reasonable times to inspection, review, or audit by the Office
of the State Auditor, and state and federal officials so authorized by law, rule,regulation, or
agreement [See 42 USC 1396a(a)(27)(B); 42 USC 1396a(a)(37)(B); 42 USC
1396a(a)(42(A);42 CFR 431, Subpart Q; and 42 CFR 447.202].
(2) CONTRACTOR must retain such records for a period of six(6)years after the date of final
payment under this Agreement.
(3) If any litigation, claim or audit is started before the expiration of the six (6)year period,the
records must be retained until all litigation, claims, or audit findings involving the records
have been resolved.
J. RISK ASSESSMENT AND MONITORING FOR COMPLIANCE BY THE
COUNTY.
(1) CONTRACTOR shall immediately report to the COUNTY any failure to perform under this
Agreement.
K. GENERAL TERMS AND CONDITIONS
(1) CONTRACTOR'S relation to the COUNTY shall at all times be that of independent
contractor. Any and all employees of CONTRACTOR, or other persons engaged in the
performance of any work or service required of CONTRACTOR under this Agreement,
shall be considered employees of CONTRACTOR only, and any claims that may arise on
behalf of or against said employees shall be the sole obligation and responsibility of
CONTRACTOR.
(2) CONTRACTOR shall not subcontract or assign any of the services covered by this
Agreement without the express written consent of the COUNTY. Subcontracting and
assignment does not include printing or other customary reimbursable expenses that may
be provided in an Agreement.
(3) CONTRACTOR, by signature to this Agreement, certifies that CONTRACTOR is not
presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily
excluded from participating in this Agreement, or any Agreement by any Federal
department or agency. CONTRACTOR also agrees to include the above requirement to all
subcontracts into which it enters.
(4) CONTRACTOR shall obtain and keep in force during the terms of this Agreement, or as
otherwise required, the following insurance with companies or through sources approved
by the State Insurance Commissioner pursuant to Chapter 48:05 RCW:
(a) Worker's compensation and employer's liability insurance. CONTRACTOR will
participate in the Worker's Compensation and Employer's Liability Insurance
Program as may be required by the State of Washington;
Discovery Behavioral Healthcare Contract(2025)- Page 4 of 10
(b) Commercial Automobile Liability or Business Use Insurance providing bodily
injury and property damage liability coverage for all owned and non-owned
vehicles assigned to or used in the performance of the work for a combined single
limit of not less than $1,000,000 each occurrence with the COUNTY named as an
additional insured in connection with CONTRACTOR'S performance of this
Agreement.
(c) General Commercial Liability Insurance in an amount not less than a single limit
of two million dollars ($2,000,000.00)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. 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 completed
operations
(iv) Premises - Operations Liability (M&C)
(v) Independent Contractors and Subcontractors
(vi) Blanket Contractual Liability
(5) All employees or subcontractors of CONTRACTOR who are required to be professionally
certified by the State in the performance of services under this Agreement shall maintain
professional liability insurance/error and omissions liability insurance in the amount of not
less than one million dollars ($1,000,000). In no case shall such professional liability to
third parties be limited in any way.
(6) It shall be the responsibility of CONTRACTOR to ensure that any persons engaged in the
performance of any work or service required of CONTRACTOR under this Agreement,
shall comply with the same insurance requirements that CONTRACTOR is required to
meet.
(7) Failure on the part of CONTRACTOR to maintain the insurance as required shall
constitute a material breach of contract upon which the COUNTY may, after giving five
working days' notice to CONTRACTOR to correct the breach, immediately terminate this
Agreement or, at its discretion, procure or renew such insurance and pay any and all
premiums in connection therewith, with any sums so expended to be repaid to the
COUNTY on demand, or at the sole discretion of the COUNTY, offset against funds due
CONTRACTOR from the COUNTY.
(8) All cost for insurance shall be considered incidental to and included in the unit contract
prices and no additional payment will be made.
Discovery Behavioral Healthcare Contract(2025)-Page 5 of 10
(9) Excepting the Workers Compensation insurance and any professional liability insurance
secured by CONTRACTOR, the COUNTY will be named on all certificates of insurance
as an additional insured. CONTRACTOR shall furnish the COUNTY with verification of
insurance and endorsements required by this Agreement. The COUNTY reserves the right
to require complete, certified copies of all required insurance policies at any time.
(10) All insurance shall be obtained from an insurance company authorized to do business in
the State of Washington. CONTRACTOR shall submit a verification of insurance as
outlined herein within 14 days of the execution of this Agreement to the COUNTY. All
insurance policies obtained by CONTRACTOR shall be primary to any equivalent or
applicable policies held by the COUNTY. All insurance policies obtained by
CONTRACTOR shall include a waiver of subrogation rights. Any self-insured retention,
deductible or risk retention maintained, or participated in, by the COUNTY coverage for
third-party liability claims provided to the COUNTY, shall be excess and shall be non-
contributory to the insurance policies provided by CONTRACTOR in order to comply with
the insurance requirements of this Subcontract. All policies provided by CONTRACTOR
in order to comply with the insurance requirements of this Subcontract must be endorsed
to show this primary coverage.
(11) The COUNTY will pay no progress payments under this Agreement until CONTRACTOR
has fully complied with this section. This remedy is not exclusive; and the COUNTY may
take such other action as is available to them under other provisions of this Agreement, or
otherwise in law.
(12) Nothing in the foregoing insurance requirements shall prevent the COUNTY,at its option,
from additionally requesting that CONTRACTOR deliver to the COUNTY an executed
bond as security for the faithful performance of this Agreement and for payment of all
obligations of CONTRACTOR.
(13) It is understood and agreed that this Agreement is entered into in the State of Washington.
This Agreement shall be governed by and construed in accordance with the laws of the
United States, the State of Washington and the County of Jefferson, as if applied to
transactions entered into and to be performed wholly within Jefferson County,Washington
between Jefferson County residents. No party shall argue or assert that any state law other
than Washington law applies to the governance or construction of this Agreement.
(14) Should either party bring any legal action, each party in such action shall bear the cost of
its own attorney's fees and court costs. The venue for any legal action shall be solely in the
appropriate state court in Jefferson County, Washington, subject to the venue provisions
for actions against counties in RCW 36.01.050.
(15) CONTRACTOR shall comply with the WA State Department of Labor and Industries
Minimum Wage Act, Chapter 49.46 RCW, acknowledging persons with disabilities
participating in job assessments are not considered employees.
Discovery Behavioral Healthcare Contract(2025)- Page 6 of 10
(16) CONTRACTOR shall indemnify and hold the COUNTY, and its officers, officials,
employees, agents and volunteers (and their marital communities)harmless from and shall
process and defend at its own expense,including all costs,attorney fees and expenses relating
thereto, all claims, demands, or suits at law or equity arising in whole or in part, directly or
indirectly, from CONTRACTOR'S negligence or breach of any of its obligations under this
Agreement; provided that nothing herein shall require a CONTRACTOR to indemnify the
COUNTY and its officers, officials, employees, agents and volunteers (and their marital
communities) against and hold them harmless from claims, demands or suits based solely
upon the conduct of the COUNTY,its officers, officials, employees, agents and volunteers
(and their marital communities), and provided further that if the claims or suits are caused
by or result from the concurrent negligence of:
(a) CONTRACTOR'S agents or employees; and,
(b) The COUNTY, its officers, officials, employees, agents and volunteers (and their
marital communities), this indemnity provision with respect to: (i) claims or suits
based upon such negligence, or (ii) the costs to the COUNTY of defending such
claims and suits, etc., shall be valid and enforceable only to the extent of
CONTRACTOR'S negligence or the negligence of CONTRACTOR'S agents or
employees.
(c) CONTRACTOR specifically assumes potential liability for actions brought against
the COUNTY by CONTRACTOR'S employees,including all other persons engaged
in the performance of any work or service required of CONTRACTOR under this
Agreement and, solely for the purpose of this indemnification and defense,
CONTRACTOR specifically waives any immunity under the state industrial
insurance law, Title 51 RCW. CONTRACTOR recognizes that this waiver was
specifically entered into pursuant to provisions of RCW 4.24.115 and was subject of
mutual negotiation.
(d) The provisions of this section shall survive the expiration or termination of this
Agreement.
(17) CONTRACTOR shall not discriminate against any person presenting themselves for services
based on race,religion, color, sex, age,or national origin.
(18) No portion of this Agreement may be assigned or subcontracted to any other individual,firm,
or entity without the express and prior written approval of the COUNTY. If the COUNTY
agrees in writing that all or a portion of this Agreement may be subcontracted to a third-
party, then any contract or agreement between CONTRACTOR and a third-party
subcontractor must contain all provisions of this Agreement and the third-party subcontractor
must agree to be bound by all terms and obligations found in this Agreement.
(19) This Agreement memorializes the entire agreement of the parties. No representation or
promise not expressly contained in this Agreement has been made. The parties are not
entering into this Agreement based on any inducement, promise or representation,
expressed or implied,which is not expressly contained in this Agreement. This Agreement
supersedes all prior or simultaneous representations, discussions, negotiations, and
agreements, whether written or oral, within the scope of this Agreement.
Discovery Behavioral Healthcare Contract(2025)-Page 7 of 10
(20) 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.
CONTRACTOR assumes responsibility for and all liability for the actions and quality of
services performed by any subcontractor. Every subcontractor must agree in writing to
follow every term of this Agreement. 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 head of the COUNTY department
primarily responsible for overseeing CONTRACTOR'S performance under this
Agreement or that department head's designee must approve any proposed subcontractors
in writing. Any dispute arising between CONTRACTOR and any subcontractors or
between any subcontractors must be resolved without involvement of any kind on the part
of the COUNTY and without detrimental impact on the delivery of contracted goods or
services.
(21) While performing services, the use of illegal drugs, alcohol, or controlled substances on
the COUNTY property or premises is strictly prohibited. CONTRACTOR'S employees
shall not perform services while under the influence of drugs or alcohol, and if discovered,
may be reported to the appropriate law enforcement agency.
(22) The use of tobacco of any kind on property or premises of the COUNTY shall comply with
the COUNTY's policies.
(23) Any form of harassment, discrimination, or improper fraternization with any employee of
the COUNTY or a participant is strictly prohibited.
(24) 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. 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 default immediately upon the
occurrence thereof, or delay in taking any action in connection with, shall not waive such
breach or default.
(25) The terms of this Agreement are not severable. 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 enforceable.
(26) This Agreement shall be binding upon and inure to the benefit of the parties' successors in
interest, heirs and assigns.
(27) 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.
(28) This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, and all of which counterparts together shall constitute the same
instrument which may be sufficiently evidenced by one counterpart. Execution of this
Agreement at different times and places by the parties shall not affect the validity of this
Agreement, so long as all the parties execute a counterpart of this Agreement.
Discovery Behavioral Healthcare Contract(2025)-Page 8 of 10
(29) The parties agree that facsimile and electronic signatures shall have the same force and
effect as original signatures.
(30) The parties agree that this Agreement has been negotiated at arms-length, with the
assistance and advice of competent, independent legal counsel.
(31) Notwithstanding any 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 be amended), 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. CONTRACTOR also 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.
(32) 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.
Notices to the COUNTY shall be sent to the following address:
Jefferson County Risk Management Department
1820 Jefferson Street
Port Townsend, WA 98368
Notices to CONTRACTOR shall be sent to the following address:
Jim Novelli MSEd, MHP/Executive Director
Discovery Behavioral Healthcare
PO Box 565. 884 W Park Ave
Port Townsend WA 98368
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Discovery Behavioral Healthcare Contract(2025)- Page 9 of 10
ADOPTED THIS day of ,2025
BOARD OF COUNTY COMMISSIONERS DISCOVERY BEHAVIORAL
JEFFERSON COUNTY,WASHINGTON HEALTHCARE
By:
Heidi Eisenhour, Chair DATE By:
Jim Novelli, Executive Director DATE
By:
Greg Brotherton, Member DA\ [F
By:
Heather Dudley-Nollette, Member DATE
SEAL:
ATTEST:
Carolyn Galloway DATE
Clerk of the Board
Approved as to form only:
717? for 08/28/2025
Philip C. Hunsucker DATE
Chief Civil Deputy Prosecuting Attorney
Discovery Behavioral Healthcare Contract(2025)-Page 10 of 10