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HomeMy WebLinkAbout042318_ca04Consent Agenda Juvenile Services Jefferson County Board of County Commissioners Agenda Request To: Board of County ssioner Philip Morley, C my min rator From: Barbara Carr, Ju e it ourt Administrator Date: April 23, 2018 Subject: Program Contract with YMCA — Coordination of Services Statement of Issue: The attached document is the contract with the Jefferson County YMCA for providing the CONNECT Program to appropriately referred youth from Jefferson County Juvenile and Family Court Services. The Connect Program is Jefferson County's version of the evidence -based program Coordination of Services, a program proven effective in diverting low risk youth from further entering the juvenile justice system. Jefferson County Juvenile Services has been responsible for providing this program for three years now, and it is in the hopes of program expansion that we partner with the Jefferson County Y in 2018. Funds for this program come via our block grant with DSHS (JR), and the fidelity for the program is a combined effort between Jefferson County Juvenile Court and DSHS/Juvenile Rehabilitation Quality Assurance process. Analysis: N/A Alternatives: Continue to provide the program "in house" rather than contracting with the Y. Fiscal Impact: The funds identified in this contract reflect those that would have been used to fund the COS program anyway. This expansion of the program to include potential additional referrals from other sources means that we have the ability to hold the program more frequently, thus able to serve more court -referred youth. All youth referred to evidence based programs are factored into the funding formula for my Block Grant funds from DSHS. In other words, more kids in programs equals more dollars. I am hoping this partnership will result in an increase in the number of youth we will be able to refer to this program. Recommendation: That the BOCC sign three originals as presented. ed by: Phi ip Morley, a ty inistrator AGREEMENT THIS AGREEMENT, made and entered into this day of 2018, between the County of Jefferson, acting through the Jefferson County Commissioners and the Department of Juvenile and Family Services, and the Jefferson County YMCA. The period of this Agreement shall be from March 1, 2018 through June 30, 2019. All work performed from March 1. 2018 through the date of execution consistent with this Agreement is hereby ratified. 1. Definitions a. "Agreement" means this Agreement, including alldocuments attached or incorporated by reference. b. "Contracting Officer" means the Jefferson County Juvenile Court Administrator. c. "Contractor" means the entity performing services pursuant to this Agreement and includes the Jefferson County YMCA the Contractor's officers, directors, trustees, subcontractors, employees and/or agents unless otherwise stated in this Agreement. d. "Evidence Base Guidelines" means the Washington State Quality Assurance Guidelines for the Coordination of Services Evidence Based Program, as set forth in the Coordination of Services Manual Version II, COS Program Core Requirements (Exhibit A). e. "Jefferson County" or "the County" means the County of Jefferson acting through the Jefferson County Commissioners and the Department of Juvenile and Family Services, and its employees and authorized agents. f. "Personal Information" means information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. 2. Statement of Work a. The Contractor shall manage the Coordination of Services - CONNECT Retreat Seminar for the Jefferson County Juvenile Services Department, pursuant to the Scope of Services (Exhibit B) attached hereto. b. Youth shall be under the jurisdiction of the Jefferson County Juvenile Court during the Connect Retreat Seminar c. The Contractor shall submit attendance reports to Jefferson County Juvenile Services as requested. d. The Contractor will participate and comply with the Evidence Based Guidelines for COS. 3. Billing Procedure a. The County shall reimburse the Contractor for satisfactory completion of the terms and conditions found in this Agreement and its attached Exhibits. The Contractor shall submit an Invoice Voucher and all accompanying reports to Jefferson County Juvenile Services following completion of the Connect Seminar. The County shall initiate authorization for payment of the Contractor not more than 30 days after a complete and accurate invoice and all outstanding reports are received and approved. b. If the Contractor's final invoice and reports are not submitted within 30 days of program completion, the County shall be relieved of all liability for payment to the Contractor of the amounts set forth in said invoice or any subsequent invoice. c. The service fees to be paid to Contractor with respect to providing the Connect Seminar shall not exceed the amount of Two Thousand Dollars ($2,000.00) per CONNECT Seminar, and not exceed the maximum consideration of Six Thousand Dollars ($6,000.00) for the term of this Agreement. Expenses authorized for reimbursement include the costs for use of the facility, the direct service of staff for the organization, creation, and facilitation of the CONNECT Seminar as set out in the Statement of Work, the supplies (including food) necessary for the Seminar. Any other additional costs shall be approved by the Juvenile Court Administrator. d. The County shall pay the Contractor upon acceptance of the Invoice Voucher. The invoice shall describe and document the following: (l) Date and time period of service(s) performed; (2) Name of juvenile(s); and (3) Description of work performed. e. Payment shall be considered timely if made by the County within 30 days after receipt of the properly completed invoice. f. The Contractor accepts the County's payment as sole and complete payment for the services provided under this Agreement. g. 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 under this agreement and its acceptance by the County. h. Payment as provided in this section. shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. 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 three (3) years after final payments. Copies shall be made available upon request. j. The County shall not reimburse the Contractor for authorized services not provided to clients, or for services provided which are not authorized or provided in accordance with Section 2. Statement of Work. 4. Background Check. In accordance with Chapters 388-700 WAC, 72.05 RCW, and 43.20A, RCW contractors and each of their employees, subcontractors, and/or volunteers who may or will have regular access to any client/juvenile must be cleared through a Jefferson County approved criminal history and background check. In addition, contractors, each of their employees, subcontractors, and/or volunteers, who may or will. have limited access to any client/juvenile, may be required to be cleared through a Jefferson County approved criminal history and background check. Regardless of whether their contact with clients/juveniles is considered to be regular or limited access to such persons, the contractors, subcontractors and each of their employees as well as any volunteers shall, after their initial Jefferson County approved criminal history and background checks, undergo not less often than once every three (3) years another Jefferson County approved criminal history and background check. The Contractor shall ensure all employees, subcontractors, and/or volunteers are knowledgeable about the requirements of RCW 13.40.570 and of the new crimes included in RCW 9A.44, Sexual Offense. The Contractor shall sign the Contractor Requirements for Responding to Situation of Sexual Misconduct Form, and shall submit to Jefferson County with signed contract. 5. Payment. The County shall pay the Contractor an amount not to exceed the maximum consideration specified at Section 3b. of this Agreement for the performance of all work set forth in the Statement of Work in a manner which conforms to the reasonable practices, standards and protocols of the CONNECT Seminar. If this Agreement is terminated, then the County shall only pay for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 6. Confidentiality. The Contractor may use Personal Information and other information gained by reason of this Agreement only for the purpose of this Agreement. 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 c h.42.56 RCW, the Public Records Act. 7. Governance a. The provisions of this Agreement are severable. If any provision of this Agreement is held invalid by any court that invalidity shall not affect the other provisions of this Agreement and the invalid provision shall be considered modified to conform to existing law. b. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence, in the following order to: • Applicable federal and state law, regulations, and rules; • Any other provision of this Agreement; and • Any document incorporated by reference. c. Washington law shall apply to interpretation of this Agreement. d. In the event of a lawsuit involving this Agreement, venue shall be proper only in Jefferson County, Washington. e. The Contractor shall comply with all applicable non-discrimination and other local, state and federal laws, regulations and rules. 8. Indemnification. The Contractor shall indemnify, defend and hold harmless Jefferson County, its officers, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney's fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Contractor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Contractor. Jefferson County shall be responsible and shall indemnify and hold the Contractor harmless from any and all claims, losses or liability, or any portion thereof, including attorney's fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to the County's own employees, or damage to property occasioned by a negligent act, omission or failure of the County. 9. 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. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee or subcontractor of Contractor shall be entitled to any benefits accorded County employees by virtue of the services provided under this agreement. 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 or subcontractor of Contractor. 10. Inspection; Maintenance of Records a. During the term of this Agreement and for one (1) year following termination or expiration of this Agreement, the Contractor shall give reasonable access to the Contractor, Contractor's place of business, client records, and Contractor records to Jefferson County Juvenile Services and to any other employee or agent of the State of Washington or the United States of America in order to monitor, audit, and evaluate the Contractor's performance and compliance with applicable laws, regulations, and this Agreement. b. During the term of this Agreement and for six (6) years following termination or expiration of this Agreement, the Contractor shall maintain records sufficient to: Document performance of all acts required by law, regulation, orthis Agreement; Substantiate the Contractor's statement of its organization's structure, tax status, capabilities, and performance; and Demonstrate accounting procedures, practices, and records which sufficiently and properly document the Contractor's invoices to The County and all expenditures made by the Contractor to perform as required by this Agreement. 11. Insurance. Jefferson County certifies it has third party liability coverage through the Washington Counties Risk Pool, and shall pay for losses for which it is found liable. The Contractor shall obtain and keep in force during the terms of the Agreement, policies of insurance as follows: 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, Worker's Compensation Insurance in an amount or amounts that are not less than the required statutory minimum(s) as established by the State of Washington or the state or province where the Contractor is located. b) The Contractor shall maintain professional liability insurance in the amount of not less than $1 million per occurrence and $3 million aggregate. The County will be named as an "additional insured" through a Certificate of Insurance that will be provided annually to the Juvenile Services Administrator and the Clerk to the BOCC. To the extent the Certificate of Insurance lists or refers to any endorsements solely by name, description or number it shall be the responsibility of the Contractor to obtain and provide to the Juvenile Services Administrator full and complete copy of the texts of such endorsements. c) The Contractor shall maintain. General Commercial 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 completed operations; iv. Premises — Operations Liability (M&C); V. Independent Contractors and subcontractors; vi. Blanket Contractual Liability. The County shall be named as an additional insured party under this policy. Such insurance coverage shall be evidenced by one of the following methods: * Certificate of Insurance; * Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Certificates of coverage as required by this section shall be delivered to the County within fifteen (15) days of execution of this agreement. d) The Contractor shall maintain with respect to any owned or non -owned vehicle used to perform his obligations under this Agreement 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. e) All policies of insurance the Contractor is required to maintain pursuant to this Agreement shall be primary to any third parry liability coverage provided to the County by reason of its membership in a Ch. 48.62 "Risk Pool." f) 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. f) All insurance policies the Contractor must maintain for purposes of this Agreement shall provide coverage on an occurrence basis, except as provided in paragraph g) below. g) If the Professional Liability policy held by the Contractor to insure the Contractor regarding the work to be performed under this Agreement provides coverage on a claims made basis, then each such Professional Liability insurance must have a Retroactive Date of, or prior to, the effective date of this Agreement. For each such claims -made policy accepted by the County, a Supplemental Extended Reporting Period (SERP) shall be purchased, at Contractor's sole expense, with an extended reporting period of not less than three (3) years in the event the policy is cancelled, non -renewed, switched to an Occurrence Form, retroactive date advanced, or there is any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERP) policy during the term of this Agreement or thereafter. The Contractor agrees Contractor's insurance obligation shall survive the completion or termination of this Agreement for a minimum period of three years. h) 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. of the requirements stated herein. i) It is agreed by the parties that 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 so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. It is further agreed by the parties that 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. It is further agreed by the parties that any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Contractor. j) The County may withhold a payment or compensation otherwise due to the Contractor if the Contractor fails to comply with any of the terms of this Statement of Work regarding Contractor's obligations concerning insurance. The County will not do so without written notice to the Contractor giving the Contractor ten (l 0) days to cure the breach. k) The insurance maintained by Contractor pursuant to this Agreement shall not in any manner limit or qualify the obligations of the Contractor under this Agreement. Failure of the Contractor to take out and/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. 12. Alteration, Amendment, and Waiver. This Agreement may be amended only by a written amendment signed by both parties. Only the County Contracting Officer may waive any provision of this Agreement on behalf of Jefferson County. 13. Termination a. If the funds Jefferson County relied upon to establish this Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, The County may immediately terminate this Agreement by providing written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination. b. Either party may terminate this Agreement for any other reason by providing 30 calendar days' written notice to the otherparty. 14. Notices. Notices to the County shall be sent to the following address: Jefferson County Department of Juvenile and Family Services P.O. Box 1220 1820 Jefferson Street Port Townsend, WA 98368 Notices to the Contractor shall be sent to the following address: Jefferson County YMCA 1925 Blaine Street Port Townsend, WA 98368 1.5. 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, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 16. Assignment. The Contractor shall not assign all or any portion of this Agreement to a third party, except by prior written approval of the Juvenile Court Administrator for subcontractors. 17. Waiver of Default. If Jefferson County waives any breach of this Agreement by the Contractor on any occasion, such waiver shall not be deemed to be a waiver of any subsequent breach of this Agreement by the Contractor. 18. Severability. If any provision of this Agreement is held invalid, the remainder of the Agreement, and the remaining rights and obligations of the parties, shall be construed and enforced as if the Agreement did not contain the invalid part. 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. This agreement may be amended only by written instrument signed by both County and Contractor. IN WITNESS WHEREOF, the Contractor has executed this instrument on the day and year first below written, and the Board of County Commissioners has caused this instrument to be executed by and in the name of said County of Jefferson the day and year first above written. (SIGNATURES FOLLOW ON NEXT PAGE) EXHIBIT A COS Prot ram - Core Requirements Below is an outline of the core program requirements for the design of a COS program. The Quality Assurance Specialist (QAS) will evaluate the program based on these requirements. Core Program Requirements: • All youth must complete a PACT assessment and score low-risk to be eligible • A Seminar must be administered within 30 days; from start to completion • Each seminar must have 5 to 8 interactive sessions • Each seminar must have at least 8 and no more than 14 youth • Strong commitment and cooperation of key agencies • Support of the Judges and Commissioners of the juvenile court • Skilled program coordinator/manager with training and/or education in program development and implementation • Highly skilled session facilitators who have a passion for working with youth and families • A well defined referral process for eligible youth and connected adult • Mandatory parental or other connected adult participation in the seminar • Clear incentives for participation (e.g. Community Service Hours) • Clear consequences for failure to participate and complete the seminar • Clearly defined and written program policies and procedures • A well designed seminar in which each session builds upon the overall theme (see Required Core Session Topics) • The seminar location must have adequate space for large group sessions and breakout space for small group sessions. • Participants will have a strong understanding of what it means to participate anc engage in all ofthe seminar sessions • All youth and adults attending the seminar must complete an evaluation • Thoroughly designed and developed program process and materials: forms, records, promotion and informational material • Process for having youth and adult volunteers assist with the program • A diverse Advisory Council that represents the service area • Resources table - that advocates and supports pro -social behavior within the community • To ensure the safety of the participants and for program quality it is important to have the MFC and another adult during the 12 seminar. (i.e. staff, volunteer, CAB member) • Complete the QAS-COS Youth Tracking Form within 30 days after the program is completed April 2017 - COS Manual Page 5 of17 JEFFERSON COUNTY WASHINGTON Board of County Commissioners Jefferson County, Washington David Sullivan, Chair Date Kathleen Kler, Commissioner Date Kate Dean, Commissioner Date SEAL. ATTEST: Erin Lundgren, Clerk of the Board Approved by Department of Juvenile and Family Services: L. Can, Administrator ate Approved as to form only: (?. C I 3 >� Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney JEFFERSON COUNTY YMCA 01611Q6UIG Name: Title: Date: Exhibit B SCOPE OF SERVICES CONNECT RETREAT SEMINAR SERVICES PROVIDER The Connect Retreat Seminar is 12 hours of seminar delivered over one weekend and attended by youth and parent or a connected adult. The seminar consists of five (5) to eight (8) interactive sessions presented by community organizations, professionals and the contractor. The menu of seminar program topics may include, but is not necessarily limited to: ■ The nature and workings of the criminal justice system; ■ Consequences of behavior; ■ Identification of community resources to help build pro -social behavior; • Parent and teen communication and relationship; ■ Drug/alcohol abuse education; ■ Parenting skills and self-care; ■ Skill building for teens; ■ Adolescent development; • Resource information. Program curriculum should be a cohesive 2 day curriculum. The overarching goal of the program is to reduce recidivism. This is done by increasing positive relationships between the parent and youth and increasing the family's knowledge of and connection to community resources. The following services will be provided: A. A Program Facilitator/Coordinator and sufficient support staff to deliver and facilitate twelve (12) hours of seminar over two Saturdays or another agreed upon schedule encompassing 12 hours, attended by juvenile offenders and their parents or connected adults. Program target: seminars and up to 20 low-risk juvenile offenders per year. B. Manage all aspects of the seminar, to include: ■ Site preparation, set up and clean up; ■ Facilitation and oversight of presenters, staff and professional speakers and volunteers. C. Work within defined referral process to engage youth and families referred to future seminars. D. Maintain confidential and accurate records, files and statistics to be reported to Juvenile Court Administrator or their designee. E. Network with resources in all major areas of the county to provide resource information that is applicable to attendees. F. Recruit and maintain a base of both volunteer and other professionals to act as seminar presenters. G. Work closely with probation staff and other stakeholders to market and share information about the program in order to keep referral base strong. H. Create, reproduce and distribute, as appropriate, seminar flyers, handouts, and certificates. I. Maintain and update community resource library for Connect participants. J. Attend regular Oversight Meetings attended by court personnel as well as annual meetings held with all program presenters and program related staff. K. Coordinate annual meetings of the program Steering Committee/work group in partnership with the Juvenile Court Administrator or their designee. L. Participate in Washington State quality assurance process.