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HomeMy WebLinkAbout052819_ca21JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners Philip Morley, County Administrator FROM: Barbara Carr DATE: f�41 -,X, 2019 RE: Agreement for FFT Services for Truants 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 but only for moderate and high risk offender youth. In order to serve youth with this intervention BEFORE they become offenders, we have received dollars from the Hargrove Sales Tax for 2019 and 2020. This contract is specifically for FFT services to youth referred under this funding source, who are eligible by virtue of their risk level as determined by the WARNS, and their involvement in the court system as truants and/or at risk youth. ANALYSIS: FFT is an evidence based practice for both juvenile justice and child welfare. Itis specifically called out as an appropriate intervention for truant youth in the truancy statutes. The ability to provide FFT as a "prevention" technique to this population is important in an effort to serve youth BEFORE they become offender youth. FISCAL IMPACT: This program is funded by the Fund 131 — Sale Tax. RECOMMENDATION: That the Board approve and sign the agreement between Jefferson County and Mr. Mark Farley. DEPARTMENT CONTACT: Barbara Carr 1 f` Philip Morley, ty Admin Date Co JEFFERSON COUNTY SUPERIOR COURT JUVENILE DIVISION Juvenile and Family Court Services Barbara L. Carr, Director Community Supervision Guardian ad Litem Diversion Youth at Risk Truancy Proctor Home TO: Philip Money, C1oynty Administrator FROM: Barbara Carr, JtYv,�nile\Court Administrator DATE: February 26, 201Q \� RE: Sole Source Contractor — Functional Family Therapist Marcus Farley This is to advise you of my position that Marcus Farley is currently a sole source provider in Jefferson County for the evidenced -based program, Functional Family Therapy. Functional Family Therapy is a program identified by the Washington State Institute for Public Policy as proven to reduce recidivism in the juvenile offender population and is supported in Jefferson County by funds allocated by the Washington legislature for expansion of these evidenced based programs. To be a provider for FFT in the State of Washington, an individual must meet counseling educational requirements, be philosophically open to the FFT model, and participate in extensive initial training by FFT Inc. and follow up trainings throughout the years they provide this intervention. Further, therapists who have passed the initial trainings and are accepted as FFT providers become subject to an extensive quality assurance system that is supported by FFT Inc. and the Washington Juvenile Courts through the Community Juvenile Accountability Act Committee. The requirements of this QA system are rigorous and to date Mr. Isenberg has been in compliance, is considered to be above the state standard for fidelity to the FFT model and is highly recommended by the funders to continue providing this intervention to Jefferson County youth. At this time Marcus Farley and. Craig Isenberg are the only qualified FFT providers available in both Jefferson and Clallam Counties. Craig, our previous therapist, an FFT consultant, no longer wishes to do direct service, thus I consider Marcus the sole source for this intervention. P.O. Box 1220 1820 Jefferson Street (360) 385-9190 Port Townsend, WA 98368 Fax: (360) 385-9191 AGREEMENT THIS AGREEMENT, made and entered into this day of , 2019, 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 March 1, 2019 through December 31, 2020. All work performed from March 1, 2019 through the date of execution consistent with this Agreement is hereby ratified. 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 youth who are referred via that Jefferson County Truancy and Family Early Intervention Reform Project 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: (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's Truancy and Family Early Intervention Project 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 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 Twenty Three Thousand Dollars ($23,000.00). 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 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. The 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 the Contractor under this Agreement and, solely for the purpose of this indemnification and defense, the Contractor specifically waives any immunity under the state industrial insurance law, Title 51 R.C.W. The Contractor recognizes that this waiver was specifically entered into pursuant to provisions of R.C.W 4.24.115 and was subject to mutual negotiation. 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. Public Records Act. Notwithstanding the provisions of this Agreement to the contrary, to the extent any record, including an 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. 12. Insurance. Jefferson County certifies it has third party liability coverage through the county 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) 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. c) 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. d) All policies of insurance the Contractor is required to maintain pursuant to this Agreement shall be primary to any third party liability coverage provided to the County by reason of its membership in a Ch. 48.62 "Risk Pool." e) 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 (SERF) 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 (10) 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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 bd construed and enforced as if the Agreement did not contain the invalid part. [SIGNATURES FOLLOW ON NEXT PAGE) 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: Marcus Farley Executed by the Board of County Commissioners: Dated: Kate Dean, Chair Executed by Juvenile Services: Dated: Barbara L. Carr, Administrator Attest: Dated: Carolyn Gallaway, Deputy Clerk of the Board Approved as to Form Only Dated: Philip Hunsucker, Chief Civil Deputy Prosecuting Attorney