HomeMy WebLinkAboutCONSENT re Social support services MCS 615 Sheridan Street
Port Townsend, WA 98368
eelrson www.JeffersonCountyPublicHealth.org
Couithi Consent Agenda
Public Health
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Josh Peters, County Administrator
FROM: Pinky Feria Mingo, Director, Environmental Health and Water Quality
DATE: r( fAbe) 6, 7c 7 S�
SUBJECT: Agenda item — Approval of Sole Source Contract with MCS Counseling;
September 15, 2025 — June 30, 2026; $45,000
STATEMENT OF ISSUE:
Jefferson County Public Health (JCPH) is seeking approval to enter into a Sole Source Contract with MCS
Counseling. MCS counseling currently provides supervisory services to the YMCA family navigator and to the
City of Port Townsend police department. They are the only organization that has the experience, credentials,
and ability to provide this service.
ANALYSIS/STRATEGIC GOALS/PROS and CONS:
Environmental Health professionals often have little training in working with individuals with behavioral and
mental health issues; and recognize some compliance cases would benefit from social services intervention.
The goal of the program is to develop an alternative to traditional environmental complaint enforcement that
recognizes the challenges of individuals experiencing:
• Mental health impairment/ chemical dependency issues
• Hoarding disorder
• Physical disability (including physical limitations based on age)
• Economic challenges (e.g., unable to afford cost of waste cleanup/removal, septic system repair,
rodent control, and so on).
• Homelessness
After sending queries to five known local MH consultants with whom we have partnered, it was determined
that MCS counseling is a sole source in our area for this specific and nuanced service. In addition, MCS has
the specific knowledge of this novel program and JCPH and the program will benefit from continued support
of MCS who understands the mission and objectives.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
This program is funded through Foundational Public Health Services.
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-25-066
4
RECOMMENDATION:
JCPH management recommends approving the sole source contract for MCS Counseling.
REVIEWED BY:
C
(kje/D643-06 (0/(73C
Josh eters, County Administrator Date
Community Health Environmental Public Health
Developmental Disabilities 360-385-9444
360-385-9400 It) 360-379-4487
Always working for a safer and healthier community
615 Sheridan Street
1e eitson Port Townsend, WA 98368
U� www.JeffersonCountyPublicHealth.org
Public Heat
To: Josh Peters, County Administrator
From: Pinky Feria Mingo, Director Environmental Health and Water Quality
Subject: Sole Source Contract with MCS Counseling Services
Date: September 5, 2025
In 2023,the Department of Health, awarded Jefferson County Environmental Public Health $85,000 to
provide social services support in complaint cases and develop an alternative to traditional
environmental complaint enforcement that recognizes the challenges of individuals experiencing:
➢ Mental health impairment/chemical dependency issues
➢ Hoarding disorder
➢ Physical disability(including physical limitations based on age)
> Economic challenges (e.g., unable to afford cost of waste cleanup/removal,septic
system repair, rodent control, and so on).
JCPH has been working with MCS counseling to develop the Alternative Enforcement Program and they
possess the specific skills and knowledge to conduct the reflective supervision, client counseling and
staff training.The Alternative Enforcement program is a new approach to conducting code compliance
and JCPH's program will benefit from continued support from MCS Counseling.
Community Health Environmental Health
Developmental Disabilities Water Quality
360-385-9400 360-385-9444
360-385-9401 (f) Always working for a safer and healthier community (f) 360-379-4487
CONTRACT REVIEW FORM I Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: MCS Counseling Group Contract No: AD-25-066
Contract For: Social Support Services Term: 9/15/2025 - 6/30/2026
COUNTY DEPARTMENT: Public Health
Contact Person: Pinky Mingo
Contact Phone: X 476
Contact email: pmingo@co.jefferson.wa.us
AMOUNT: $45,000 PROCESS: Exempt from Bid Process
•
Revenue: Cooperative Purchase
Expenditure: $45,000 Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
Fund# 127 RFP or RFQ
Munis Org/Obj 12756200 Other: Sole Source
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPARE WI H C 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: r■ N/A: cl .. Sept. 5, 2025
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBA BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: N/A: ri Sept. 5, 2025
Signa ure Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 9/5/2025.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 9/5/2025.
Thank you for making the changes. Standard PSA terms.
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 FOR
MCS COUNSELING
THIS PROFESSIONAL SERVICES AGREEMENT("this Agreement") is entered into between
the County of Jefferson, a municipal corporation("the County"), and MCS Counseling("the
Contractor"), in consideration of the mutual benefits,terms, and conditions specified below.
1. Project Designation. The Contractor is retained by the County to provide
consultation services to clients eligible for the Alternative Environmental
Enforcement Program(Attachment A) and conduct training to environmental health
professionals.
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 September 15, 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 on
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 as provided on
Exhibit`B"attached hereto,provided that the total amount of payment to
Contractor shall not exceed$45,000 without express written modification of the
Agreement signed by the County.
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 B 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. Consultant 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, JCPH, Version 3, PAO Approved 7/12/2021 Page 1 of 16
AD-25-066
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.
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. Audit. An audit will be submitted to the County upon request. Upon request,
Contractor will submit the most recent financial audit within 30 days.
a. Upon request the County shall have the option of performing an onsite review of
all records, statements, and documentation.
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. 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
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 2 of 16
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 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
$500,000 each occurrence with the County named as an additional insured in
connection with the Contractor's performance of this Agreement. This insurance
shall indicate on the certificate of insurance the following coverage: (a) Owned
automobiles; (b)Hired automobiles; and, (c)Non-owned automobiles.
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.
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 Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 3 of 16
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 this 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 insurer shall reduce or eliminate deductibles or self-insured
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 4 of 16
retention, or the Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
1. 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.
m. 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.
n. 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.
o. 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.
p. 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.
q. 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.
r. 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.
s. 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.
t. 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.
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 5 of 16
u. 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.
v. The County reserves the right to request additional insurance on an individual
basis for extra hazardous contracts and specific service agreements.
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
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 6 of 16
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.
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.
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 7 of 16
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. Notices to the County shall be sent to the
following address:
Jefferson County Public Health Department
615 Sheridan Street
Port Townsend, WA 98368
Notices to Contractor shall be sent to the following address:
MCS Counseling Group
ATTN: Julie Canterbury, Owner/Therapist/Supervisor
9633 Levin Road, Suite 100
Silverdale, WA 98383
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.
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 8 of 16
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 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.
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 9 of 16
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.
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 fmgerprint 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;
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 10 of 16
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.
JEFFERSON COUNTY WASHINGTON MCS COUNSELING GROUP
Board of County Commissioners
Jefferson County, Washington
By: By:
Heidi Eisenhour, Chair le Canterbury
By: Title: OtiA•t„i/Cxc,4Z1,-, �,rulw
Greg Brotherton, Commissioner
Date: /77"/2J7. S�
By:
Heather Dudley-Nollette, Commissioner
SEAL:
ATTEST:
Carolyn Gallaway,
Clerk of the Board
Approved as to form only:
2a, for 09/05/2025
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 11 of 16
Scope of Work
Exhibit A—Scope of Work:
Provide two hours of case management/therapeutic services to clients eligible for the Alternative
Enforcement Policy (Attachment 1) a week.
If contractor needs to deviate from the Alternative Enforcement Policy, the contractor shall
notify Environmental Health that they are deviating from the policy and provide an explanation
for the deviation that is supported through best practices.
Provide consultation services to Environmental Health and reflective supervision Environmental
Health Staff
Coordinate with Environmental Health Staff to identify and conduct any other additional
training.
Provide itemized invoices of direct social services with Case #, Hours, date, and total counseling
hours provided.
Exhibit B—Estimated Budget Breakdown:
1. Consultation and Therapeutic Services at $200.00/hr.
2. Provide Reflective Supervision up to $4080
3. Conduct training to EHS Staff$5,000
4. Except as expressly indicated in this Amendment, all other terms and conditions of the
Agreement shall remain in full force and effect.
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 12 of 16
ATTACHMENT 1
Alternative Enforcement Program
Table of Contents
Table of Contents 13
Alternative Enforcement Program for Persons Failing to Comply with County Code 14
Policy Statement: 14
Program Eligibility 14
Roles and Responsibilities 14
Participant 14
Code Compliance Staff 15
Social Worker 15
Progress Reporting 16
Termination from the Program 16
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 13 of 16
Alternative Enforcement Program for Persons Failing to Comply with County Code
Policy Statement:
The purpose of this Alternative Enforcement Program(Program) is to offer social services
assistance to persons facing code enforcement for failure to comply with the Jefferson County
Code (JCC),where the failure to comply could lead to serious consequences for the person,
including daily fines, charges for staff time, attorney's fees and costly litigation, and
Environmental Health(EH)believes these persons might benefit from such assistance. The
Alternative Enforcement Program shall assess whether difficulty complying with the JCC may
be the result of a mental health disorder, substance use disorder, hoarding disorder,physical
disability, economic challenges, and/or homelessness. In developing this Program,
Environmental Health(EH)aims to exercise enforcement discretion to achieve compliance,
considering the needs of the public and the person of whom compliance is required. Nothing in
this policy is intended to change, waive or be inconsistent with state law or the JCC.
Program Eligibility
EH and Code Compliance staff shall work with their managers to identify cases where code
violations exist and which may benefit from this Alternative Enforcement Program. The criteria
for entering this Alternative Enforcement Program is a determination by EH that a person facing
code enforcement could benefit from the assistance from a Social Worker because of a possible:
❑ Hoarding disorder
❑ Mental health disorder
❑ Chemical dependency
❑ Economic need; or,
❑ Physical disability
To ensure that limited resources are used to their highest need, EH and Code Compliance staff
shall exercise enforcement authority after considering the following factors:
❑ Whether the condition creating a lack of compliance may affect a vulnerable adult or
minor;
❑ Whether an imminent threat to human health or the environmental exists; and,
❑ Whether the condition creating a lack of compliance may constitute a nuisance, as
defined in JCC 19.10.015(36).
Roles and Responsibilities
Participant
❑ Signs a confidentiality agreement and a release of information which allows the Social
Worker to discuss confidential health information with the participant. The release of
information shall allow Social Workers to update EH and Code Compliance staff
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regarding progress, but Social Workers shall not share confidential health information
with EH or Code Compliance staff.
❑ Signs an acknowledgement that they understand that they are participating in an
alternative enforcement program, that compliance is the goal, and that non-compliance
shall lead to termination from the Alternative Enforcement Program.
❑ Completes an initial assessment with the Social Worker.
❑ Signs a voluntary compliance agreement (VCA), which includes a timeline for
compliance.
❑ Attends bi-weekly sessions with Social Worker for a period of time to be determined by
the Social Worker, EH and Compliance Staff to focus on goals that are specific to their
situation. For example, learning to cope with stress, make decisions, declutter, etc.
Code Compliance Staff
❑ Issues a"Soft Letter"that conveys participation in the Program is voluntary and they may
need to waive confidentiality on specific issues for the sole purpose of communicating
with EH staff to resolve compliance issues.
E Prepares certificate(s) of correction pursuant to JCC 19.10.065.
❑ Prioritizes the compliance issue(s) for the participant and the Social Worker, so the Social
Worker can work on the highest priority issues.
❑ Updates the database with progress notes from the social services agency.
Social Worker
❑ Develops a plan for connecting the participant to services addressing the participant's
specific needs.
❑ Develops a SMART plan (Specific, Measurable, Achievable, Relevant, and Time-Based)
with the specific objectives or goals the participant, EH and Code Compliance staff aims
to achieve. Develops a SMART plan with input from the participant, EH and Code
Compliance staff. SMART stands for specific, measurable, achievable, relevant, and
time-bound.
• Specific—Objective clearly states, so anyone reading it can understand, what will
be done and who will do it.
• Measurable—Objective includes how the action will be measured.
• Achievable—Objective is realistic given the realities faced in the community.
Setting reasonable objectives helps set the participant up for success.
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• Relevant—A relevant objective makes sense, that is, it fits the purpose of the
Program, it fits the culture and structure of the community, and it addresses the
vision of the Program.
• Time-bound—Every objective has a specific timeline for completion.
Conducts an initial assessment of participant current status, needs, challenges.
❑ Conducts regular assessments.
Collaborates with EH and Code Compliance staff.
❑ Connects participant to other available resources, such as Discovery Behavioral Health,
OlyCAP, DoveHouse, Family Navigator, YMCA, etc.
• Communicates that the consequence of non-compliance will be termination from the
Program and that they may be liable for penalties and enforcement costs as allowed in
J.C.C. 19.30.020.
Progress Reporting
I Social Worker shall track and report contact, hours with every participant, and other data
relevant to the Program as determined by EH.
❑ Social Worker shall report monthly to EH on the progress of the participant and also
whenever specific milestones are reached as listed below:
• Social Worker shall disclose the number of compliance actions completed,
improvements in environmental conditions.
• Social Worker shall maintain data for the measure of the Program effectiveness.
• For the first ninety days, the Social Worker shall acknowledge and address any
challenges or barriers encountered by the participant, discuss strategies in place to
overcome these challenges, and outline plans for continued support and
improvement.
Termination from the Program
Participants who do not show progress in coming into compliance at any time after ninety days
shall be terminated from the Program. Lack of progress includes:
E Failure to Comply with a SMART Plan
❑ Failure to meet with the Social Worker as agreed
❑ Making the problem worse
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