HomeMy WebLinkAbout121619_ca09JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: David Fortino, Jail Superintendent
DATE: December 16, 2019
RE: Request for Board of County Commissioners approval of a Professional Services
Agreement with Dieter Wassmer
STATEMENT OF ISSUE:
The Sheriff's Office has been providing Work Skills and Anger Management training for jail inmates as
far back as 2001. This training is important in helping our inmates deal with anger issues and to help them
successfully transition to life outside the jail once they are discharged. The professional services
agreement with the consultant (Dieter Wassmer) providing this training has expired and needs to be
renewed through a competitive Request for Proposals (RFP) process.
ANALYSIS:
We anticipate it will take until April 30, 2020 to draft and issue an RFP, receive and evaluate the
proposals, and select and contract with a consultant. Because of the importance of this training we believe
we need to enter into a short-term contract to provide the training through April 30, 2020 when we expect
to have a competitively award contract in place.
We are recommending a sole source contract be executed with Dieter Wassmer because of his extensive
experience providing this training for Jefferson County inmates. He has well a developed curriculum and
ready-made training materials that will enable him to provide the training immediately. Others who might
be interested in providing these trainings would need time to evaluate the target audience and develop an
appropriate curriculum and training materials.
FISCAL IMPACT:
The not -to -exceed cost of this contract is $13,500 which will be covered using monies from Fund 134 —
Jefferson County Inmate Commissary Fund.
RECOMMENDATION:
Approve the limited duration, sole source Professional Services Agreement with Dieter Wassmer,
attached.
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`-` ilip Mo y, ounty Admin' trator Date
PROFESSIONAL SERVICES AGREEMENT FOR
Anger Management Workshop and Work Skills Program
THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation,
hereinafter referred to as "the County", and Dieter Wassmer, hereinafter referred to as "the
Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
Project Designation._ The Consultant is retained by the County to provide Anger
Management and Work Skills programs for inmates incarcerated in the Jefferson County
Jail.
2. Scope of Services. Consultant agrees to perform the services identified on Exhibit "A"
attached hereto including the provision of all labor.
3. Term. The term of this Agreement shall be January 1, 2020 through April 30, 2020.
3. Time for Performance. Work under this contract shall commence upon the giving of
written notice by the County to the Consultant to proceed. Consultant shall perform all
services and provide all work products required pursuant to this agreement on the dates
listed on Exhibit "A."
4. Payment. The Consultant 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 Consultant shall be made as provided on
Exhibit "A" attached hereto, provided that the total amount of payment to
Consultant shall not exceed $13,500.00 without express written modification of
the agreement signed by the County.
b. The Consultant may submit invoices to the County once per month. Such
vouchers will be checked by the County, and upon approval thereof, payment will
be made to the Consultant in the amount approved. Payment of Consultant
invoices shall be within 30 days of receipt by the County for any services not in
dispute based on the terms of this Agreement.
C. Payment as provided in this section shall be full compensation for work
performed, and services rendered.
d. All materials, supplies, equipment and incidentals necessary to complete the work
shall be paid for by the County.
The Consultant'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.
Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Professional Services Agreement, Dieter Wassmer - Version 1 Page 1 of
agreement shall be the property of the County whether the project for which they are
made is executed or not. The Consultant shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information, reference and use in
connection with Consultant's endeavors. Consultant 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. Consultant 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. Indemnification. Consultant shall indemnify and hold harmless the County, its officers,
and employees, from and against any and all claims, losses or liability, or any portion
thereof, including reasonable attorney's fees and costs, arising from injury or death to
persons, including injuries, sickness, disease or death to Consultant's own employees, or
damage to property occasioned by a negligent act, omission or failure of the Consultant.
Consultant shall be liable only to the extent of Consultant's proportional negligence.
8. 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.
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
CONSULTANT'S performance of the contract.
General Commercial Liability Insurance in an amount not less than a single limit of one
million dollars ($1,000,000) per occurrence and a 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);
Professional Services Agreement, Dieter Wassmer - Version 1 Page 2 of 6
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
g. Professional Liability Insurance ($1,000,000 Each Claim & $2,000,000
Aggregate)
The County shall be named as an additional insured parry 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.
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 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), it being the intention of the parties that the
insurance policies, with the exception of Professional Liability, 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.
Professional Services Agreement, Dieter Wassmer - Version 1 Page 3 of
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.
9. Independent Contractor. The Consultant and the County agree that the Consultant 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 Consultant nor any employee of
Consultant 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 Consultant, or any employee of Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bona fide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration
contingent upon or resulting from the award or making of this contract. For breach or
violation of this warranty, the County shall have the right to annul this contract 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.
11. Discrimination Prohibited. The Consultant, 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.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the County.
Professional Services Agreement, Dieter Wassmer - Version 1 Page 4 of 6
13. 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.
14. Termination.
a. The County and The Consultant reserve the right to terminate this agreement at
any time by giving ten (10) days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any
of its supervisory personnel assigned to the project, the surviving members of the
Consultant 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 Consultant
and the County, if the County so chooses.
15. Notices. Notices to the County shall be sent to the following address:
Jefferson County Sheriff s Office
79 Elkins Road
Port Hadlock, WA 98339
Notices to Consultant shall be sent to the following address:
Dieter Wassmer
1344 Hancock Street
Port Townsend, WA 98368
16. Integrated Agreement. This Agreement together with attachments or addenda, represents
the entire and integrated agreement between the County and the Consultant 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
Consultant.
Professional Services Agreement, Dieter Wassmer - Version 1 Page 5 of 6
SIGNATURE PAGE
Dieter Wassmer
Joe Nole, Sheriff
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Kate Dean, Chair
Date David Sullivan, Member
Date
Greg Brotherton, Member
ATTEST:
Carolyn Galloway Date
Deputy Clerk of the Board
Approved as to form only:
Philip C. Hunsucker Date
Chief Civil Deputy Prosecutor
Professional Services Agreement, Dieter Wassmer - Version 1 Page 6 of 6
EXHIBIT "A"
Dieter Wassmer
Future Concepts
1344 Hancock Street
Port Townsend, WA 98368
(360) 379-6573
dwassmer@rocketmail.com
Work Skills Program Proposal
I. Purpose:
1. Prepare inmates for jobs and careers through education and training to meet the
needs in business and industry.
2. Provide inmates the soft skills necessary to succeed in the workforce.
II. Program Philosophy
The guiding philosophy behind the Work Skills Program curriculum is that by
teaching needed skills and providing the necessary information, we can change the
world one life at a time.
III. Objectives
➢ Prepare for GED exam.
➢ Prepare for college entrance exam.
➢ Study possible careers and the necessary requirements.
➢ Learn about money management and self-sufficiency.
➢ Acquire basic and advanced computer skills.
➢ Become proficient in Microsoft Office (Word, Excel, PowerPoint ...).
➢ Complete a resume and a cover letter.
➢ Prepare for job interviews.
➢ Obtain professional and effective communication skills.
➢ Practice problem solving.
➢ Acquire and exercise critical thinking skills.
➢ Practice and learn how to work as a team.
➢ Become self -motivated.
➢ Develop strong values.
➢ Adopt an attitude of responsibility and self-reliance.
➢ Brush up on academic skill.
IV. Instructional Methods
)0-
Lectures/Demonstrations
➢
Multimedia presentations
➢
Computer applications
➢
Group activities
➢
Discussions
➢
Testimonies
➢
Textbooks
➢
Assignments
V. Program Duration:
Program participants will meet twice a week for sessions 3 hours in length up to 48
weeks as scheduled by the instructor.
The course will be taught on an ongoing basis, with open entrance and open exit.
The Instructor will determine if a participant has successfully completed the course.
VI. Compensation:
The fee for instruction is $ 75.00 per class hour.
Dieter Wassmer
Future Concepts
1344 Hancock Street
Port Townsend, WA 98368
(360) 379-6573
dwassmer@rocketmail.com
Anger Management Workshop Proposal
I. Purpose:
a. To help inmates recognize and manage their anger.
b. To help inmates develop interventions that will allow them to work out anger.
c. To help inmates discover acceptable ways of expressing anger.
II. Objectives
After successfully completing this workshop, inmates will be able to:
a. assess and understand their own past patterns of expressing anger.
b. understand the nature of anger, rage, and violence.
c. understand and practice the process of recovery.
d. apply principles to motivate change.
e. understand the anger process and know how to interrupt it.
f. communicate in a way to boost and improve relationships.
g. know what to avoid.
h. apply methods and skills for managing anger.
i. learn how to change on a subconscious level to ensure a lasting change and
transformation.
III. Instructional Methods
a.
Lectures
b.
Multimedia presentations
c.
Workbook activities
d.
Group activities
e.
Discussions
f.
Testimonies
IV. Workshop Duration:
Workshop participants will meet twice a week for sessions 2 hours in length up to
48 weeks as scheduled by the instructor.
This course will be taught on an ongoing basis, with open entrance and open
exit. The Instructor will determine if a participant has successfully completed the
course.
V. Compensation:
The fee for instruction is $ 75.00 per class hour.
EXHIBIT "A"
Anticipated cost and not -to -exceed amount of this contract for the period January
1, 2020 through April 30, 2020 is $13,500 based on the calculations below:
Class
Cost
per
hour
Hours
per
class
Classes
per
week
Hours
per
week
No. of
weeks
Total
hours
Total
cost
Work Skills
$75
3
2
6
18
108
$8,100
Anger Management
$75
2
2
4
18
72
$5,400
Total Cost
1 $75
5
4
10
18
1 180
$13,500