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HomeMy WebLinkAbout091718_ca06 Consent Agenda Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners Philip Morley, County Administrator FROM: Barbara Carr DATE: September 17,2018 RE: Agreement for FFT Services with Mark Farley STATEMENT OF ISSUE: Jefferson County receives State dollars (DSHS/JRA)to fund evidence-based programs to appropriate juvenile offenders. These funds are used to support our FFT (Functional Family Therapy)program. ANALYSIS: Research around FFT indicates that it reduces recidivism for juvenile offenders. Another EBP program, ART (Aggression Replacement Training, is also proven to reduce re-offending behaviors. Our ART program is funded by the Consolidated Juvenile Services contract with DSHS/JRA. The Evidenced Based Expansion dollars that fund FFT comes through a different source approved by the legislature back in 2007 and is currently continued through FY19. FISCAL IMPACT: This revenue and associated expenditures are included in my 2019 budget. RECOMMENDATION: That the Board approve and sign the agreement between Jefferson County and Mr. Mark Farley. DEPARTMENT CONTACT: Barbara Carr orApp rie 'Morley, ount Adminis ato Date 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 MARCUS FARLEY. The period of this Agreement shall be from July 1, 2018 through December 31, 2019. All work performed from July 1, 2018 through the date of execution consistent with this Agreement is hereby ratified. 1. Definitions a. "Agreement"means this Agreement, including all documents 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 Marcus Farley,the Contractor's officers, directors, trustees, subcontractors, employees and/or agents unless otherwise stated in this Agreement. d. "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. e. "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 provide Functional Family Therapy (FFT) for the Jefferson County Juvenile Services Department, providing competent FFT therapy to diverted and adjudicated youth who are referred in writing by Jefferson County Juvenile Services, in accordance with the FFT model, which shall include but is not limited to: (1) Concepts and practice contained in the most recent Blueprints for Violence Prevention: Functional Family Therapy; (2) General Precepts/Practice/Assessment practices contained in FFT initial 3- Day Training and 1-Day Systems Training; (3) Clinical Guidance as supplied by: 1 (a) FFT, Inc.; (b) Local FFT Supervisor in formal consultation and any FFT site visits; and (c) FFT clinical assessments and subsequent treatment plans of youth through FFT case-reporting system. (d) The goal is for a full-time caseload or as close thereto as possible. b. Youth shall be under the jurisdiction of the Jefferson County Juvenile Court during the FFT intervention. To assist in this supervision, the Contractor must share all pertinent information with the Jefferson County Juvenile Services Probation Officer/Supervisor. Pertinent information includes treatment progress such as: in what FFT phase is the family currently working? (engagement, behavior change, generalization); what is the general family theme? (i.e., anger implies hurt); and what is the behavior change goal or target? (parenting skills, communication etc). In addition, if a youth is in possession of a weapon, is at risk to harm self or others, is the victim of abuse (reportable to Child Protective Services), or is not showing for treatment appointments, the probation counselor should be contacted. The Contractor shall safeguard electronic and hard copy client information. c. The Contractor shall submit reports to Jefferson County Juvenile Services as defined by the FFT authors. d. The Contractor shall notify and obtain written approval of the Juvenile Court Administrator prior to any changes in subcontractors performing services pursuant to this Agreement. 3. Billing Procedure a. The Contractor shall submit an Invoice Voucher to Jefferson County Juvenile Services no more than monthly for services provided. The breakdown for payment of FFT Services is as follows: The professional fees to be paid to Contractor with respect to FFT services will be as follows: The maximum professional fee to be paid to Contractor with respect to FFT services provided to a particular family that participates in the intervention shall be Twenty Five Hundred Dollars ($2500.00). Contractor is permitted to submit, in the interim, an Invoice Voucher to Jefferson County Juvenile Services monthly for services provided at the rate of One Hundred Ninety Dollars ($190.00) per session, except for Sessions 1 and 12, which should be billed at Three Hundred Dollars ($300.00). With respect to families that participate in less than 12 sessions, the Contractor shall be paid at a rate of Three Hundred Dollars ($300.00) for the first session, and One Hundred 2 1 Ninety Dollars ($190.00) for each additional session completed. The total sum to be paid to the Contractor during the term of this Agreement shall not exceed the amount of Thirty Eight Thousand. Six Hundred and Four Dollars ($38,604.00), unless additional funds are made available pursuant to the WAJCA and DSHS statewide revenue sharing process. b. The County shall pay the Contractor upon acceptance of the Invoice Voucher. The invoice shall describe and document the following: (1) Date and time period of service(s) performed; (2) Name of juvenile(s); and (3) Description of work performed. c. Payment shall be considered timely if made by The County within 30 days after receipt of the properly completed invoice. d. The Contractor accepts The County's payment as sole and complete payment for the services provided under this Agreement. e. 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 3a. of this Agreement for the performance of all work set forth in the Statement of Work in a manner which 3 conforms to the reasonable practices, standards and protocols of the Contractor's profession and the FFT model 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 Ch. 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. In the event of a lawsuit involving this Agreement, venue shall be proper only in Jefferson County, Washington. d. 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 all claims for damages or lawsuit resulting from the acts or omissions of the Contractor. Jefferson County shall be responsible and shall indemnify and hold the Contractor harmless from all claims for damages or lawsuits resulting from the acts or omissions of the County. 4 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, or this 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 The Consultant shall obtain and keep in force during the terms of the Agreement, policies of insurance as follows: If and only if the Consultant 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 Consultant, 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 Consultant is located. 5 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. 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: a. Broad Form Property Damage, with no employee exclusion; b. Personal Injury Liability, including extended bodily injury; c. Broad Form Contractual/Commercial Liability—including completed operations; d. Premises—Operations Liability (M&C); e. Independent Contractors and subcontractors; f. Blanket Contractual Liability. Professional Liability Insurance in an amount not less than one million dollars ($1,000,000) per occurrence and an aggregate of not less than three million dollars ($3,000,000). The County shall be named as an "additional insured" on the General Commercial Liability policy and the Professional Liability Insurance 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. Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of the contract by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self-insured retention or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. The Consultant shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each 6 subcontractor. All insurance provisions for subcontractors shall be subject to all of the requirements stated herein. Failure of the Consultant to take out and/or maintain any required insurance shall not relieve The Consultant from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification. 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 Consultant. It is agreed by the parties that judgments for which the County may be liable, in excess of insured amounts provided herein, or any portion thereof, may be withheld from payment due, or to become due, to the Consultant until such time as the Consultant shall furnish additional security covering such judgment as may be determined by the County. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. 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 Consultant must provide in order to comply with this Agreement. If the proof of insurance or certificate indicating the County is an"additional insured"to a policy obtained by the Consultant 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 Consultant to obtain the full text of that endorsement and forward that full text to the County. The County may, upon the Consultant's failure to comply with all provisions of this contract relating to insurance, withhold payment or compensation that would otherwise be due to the Consultant. 12. Alteration,Amendment, and Waiver. This Agreement may be amended only by a written amendment signed by both parties. Only the County 7 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 other party. 14. 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. 15. 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. 16. 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. 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. Executed by the Contractor: Dated: 400 r Marcus Farley Executed by the Board of County Commissioners: Dated: Chair Executed by Juvenile Services: 8 Dated: II/6(r( B.tara L. Carr, Administrator Attest: Dated: Carolyn Avery, Deputy Clerk of the Board Approved as t Form Only Dated: 74//1 Philip Hunsucker, Deputy Prosecuting Attorney C:v ) 9