HomeMy WebLinkAbout102521ca03 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, Interim County Administrator
FROM: Andy Pernsteiner,Undersheriff JCSO
DATE: 00 0 Nal
SUBJECT: Mental Health Navigator subcontract with DBH
STATEMENT OF ISSUE: JCSO applied for and was granted a 12 month contract with WASPC to provide
a mental health navigator. After conducting the RFP process, Discovery Behavioral Healthcare was
selected to provide these services. This is a contract with DBH from November lst 2021 until June 30th
2022 (the time remaining in the 12-month grant)to provide a navigator to JCSO.
ANALYSIS: JCSO will use this grant funding to provide a mental health navigator to assist with calls for
service in Jefferson County.
FISCAL IMPACT: This position is fully grant funded via the WASPC grant there is no impact on the
General Fund.
RECOMMENDATION: JCSO is requesting the BOCC to approve this contract between Jefferson County
and Discovery Behavioral Healthcare.
REVIEWED BY:
14 21 4
Mark McCaule interim County Administr.4 Date
SUBCONTRACT FOR PROFESSIONAL SERVICES
BETWEEN
JEFFERSON COUNTY
AND
DISCOVERY BEHAVIORAL HEALTHCARE
This Subcontract for Professional Services Between Jefferson County and Discovery Behavioral
Healthcare(this Agreement)is made and entered into between Jefferson County(the COUNTY)and
Discovery Behavioral Healthcare,UBI Number: 601 357 458,(SUBCONTRACTOR)for provision
of Navigator Mental Health Services Jefferson County to Contract # MHFRT-2021-002-011 for
Washington Association of Sheriffs & Police Chiefs Mental Health Field Response Teams
Program (WASPC Contract) between the COUNTY and the Washington Association of Sheriffs
&Police Chiefs Mental Health Field Response Teams Program (WASPC).
IT IS AGREED UPON BY THE PARTIES AS FOLLOWS:
A. TERM OF THIS AGREEMENT
The term of this Agreement is from November 1,2021 through June 30,2022.
B. EFFECTIVE DATE
This Agreement is effective on the day the last party signs this Agreement.
C. TERMINATION
(1) Should a party default in providing services under this Agreement or materially breach any
of its provisions,the other party may terminate this Agreement upon ten(10)days written
notice.A party shall have the right and opportunity to cure any such material breach within
the ten(10) day period.
(2) The COUNTY may terminate this Agreement upon immediate notice to
SUBCONTRACTOR in the event that the funding for the project ceases or is reduced in
amount. SUBCONTRACTOR will be reimbursed for services expended up to the date of
termination.
(3) This Agreement may be terminated without cause at any time by either party subject to a
sixty(60)day advance written notice of such termination to the other party.
(4) Termination of this Agreement shall not constitute a breach of this Agreement.
D. PROFESSIONAL SERVICES BY SUBCONTRACTOR
Professional services to be provided by SUBCONTRACTOR shall include:
(1) All Work Required by the WASPC Contract.All work required by the WASPC Contract,a
true and correct copy of which is attached as Appendix B (WASPC Contract).
(2) Financial and Program Management: SUBCONTRACTOR will maintain an
administrative/organizational structure that clearly defines responsibilities; systems and
personnel to maintain accounting records that accurately reflect all program revenues and
expenditures; prepare monthly statements of activity; maintain appropriate client service
records and progress reports; and track key program performance indicators.
(3) Perform All Subcontractor Obligations. In addition to the above,SUBCONTRACTOR shall
fulfill all of SUBCONTRACTOR Obligations listed below.
E. SUBCONTRACTOR'S OBLIGATIONS
SUBCONTRACTOR shall fulfill the following obligations:
(1) SUBCONTRACTOR shall fulfill all the requirements of the WASPC Contract, including
but not limited to those specified in the Acknowledgment of State Funds section of the
WASPC Contract.
(2) SUBCONTRACTOR shall comply with all state and federal requirements regarding the
confidentiality of participant records.
(3) SUBCONTRACTOR shall have written policies regarding sexual harassment and non-
' discrimination(said policies must guarantee human/civil rights);regarding a person's right
to privacy, regarding safeguarding personal information and abuse of participants;
regarding agency medication procedure; regarding respectful staff-to-participant
interactions (i.e.: including a person's right to be treated with dignity and respect free of
abuse).
(4) SUBCONTRACTOR shall have a grievance policy that:
(a) Negotiates conflicts and advises participants of grievance procedures;
(b) Is explained to participants;
(c) Prohibits retaliation for using the grievance process;
(d) Includes a non-retaliation statement;
(e) Assures that advocates are available and encourages participants to bring advocates
to help negotiate;
(f) Includes a mediation process that promotes the use of someone who is unaffected
by the outcome if conflicts remain unresolved; and,
(g) Includes a process for tracking and reporting grievances.
(5) SUBCONTRACTOR shall comply with all applicable federal, state and local regulations.
(6) SUBCONTRACTOR shall comply with all applicable Jefferson County Sheriffs Office and
jail policies.
(7) SUBCONTRACTOR shall track and analyze incident reports for potential trends and
patterns.
(8) SUBCONTRACTOR shall maintain access to current emergency contact and medical
information(medications,diet, allergies,etc.) for each participant.
(9) SUBCONTRACTOR shall provide the following:
Discovery Behavioral Healthcare Contract(2021)-Page 2 of 15
(a) Equal Access: SUBCONTRACTOR will assures equal access to persons who do
not speak or have a limited ability to speak, read, or write English well enough to
understand and communicate effectively.
(b) Qualified Staff: SUBCONTRACTOR will provide adequate, qualified staff with
skills and experience in evaluation, training, supervision, counseling and support
of adults with developmental disabilities who are earning wages, per the attached
Statement of Work. SUBCONTRACTOR will assure that all direct service staff
are trained, and that training is documented. SUBCONTRACTOR will provide the
COUNTY with information regarding staff qualifications upon request.
F. DEBARMENT
By signing this Agreement, SUBCONTRACTOR certifies that it is not presently debarred,
suspended,proposed for debarment, declared ineligible, or voluntarily excluded in any Washington
State or Federal department or agency from participating in transactions (debarred).
SUBCONTRACTOR agrees to include the above requirement in any and all subcontracts into which
it enters, and also agrees that it will not employ debarred individuals. SUBCONTRACTOR must
immediately notify the COUNTY if, during the term of this Agreement, SUBCONTRACTOR
becomes debarred. The COUNTY may immediately terminate this Agreement by providing
SUBCONTRACTOR written notice, if SUBCONTRACTOR becomes debarred during the term of
this Agreement.
G. FEDERAL FUNDING ACCOUNTABILITY& TRANSPARENCY ACT(FFATA)
(1) This Agreement is supported by federal funds that require compliance with the Federal
Funding Accountability and Transparency Act (FFATA or the Transparency Act). The
purpose of the Transparency Act is to make information available online so the public can
see how federal funds are spent.
(2) To comply with the act and be eligible to enter into this Agreement, SUBCONTRACTOR
must have a Data Universal Numbering System (DUNS®) number. A DUNS® number
provides a method to verify data about your organization. If SUBCONTRACTOR does not
already have one, a DUNS® number is available free of charge by contacting Dun and
Bradstreet at www.dnb.com.
(3) Information about SUBCONTRACTOR and this Agreement will be made available on
www.uscontractorregistration.com by WASPC as required by P.L. 109-282. WASPC's
Attachment 3: Federal Funding Accountability and Transparency Act Data Collection
Form,is considered part of this Agreement and must be completed and returned along with
the Agreement.
H. FUNDING WITHDRAWN,REDUCED OR LIMITED
If the COUNTY determines in its sole discretion that the funds it relied upon to establish this
Agreement have been withdrawn, reduced or limited, or if additional or modified conditions are
placed on such funding after the effective date of this Agreement but prior to the normal completion
of this Agreement,then the COUNTY, at its sole discretion,may: (1)Terminate this agreement; (2)
Renegotiate this Agreement under the revised funding conditions; or, (3) Suspend
SUBCONTRACTOR's performance under this Agreement upon five (5) business days' advance
notice to SUBCONTRACTOR,if the COUNTY determines that there is a reasonably likelihood that
Discovery Behavioral Healthcare Contract(2021)-Page 3 of 15
the funding insufficiency may be resolved in time to allow SUBCONTRACT's performance to
resume prior to the normal completion date of this Agreement.
I. REIMBURSEMENTS
(1) Total reimbursements for fiscal year 2021-2022 to SUBCONTRACTOR by the COUNTY
under this Agreement shall not exceed $82,592.80, including any allowable expenses for
the services provided under this Agreement without express written amendment signed by
both parties to this Agreement.
(2) For said services rendered under this Agreement, the COUNTY shall reimburse
SUBCONTRACTOR pursuant to this Agreement and the WASPC Contract.
(2) Work performed between November 1st,2021 and the execution of this Agreement that is
consistent with the provisions of this Agreement is hereby ratified.
(3) SUBCONTRACTOR will bill the COUNTY monthly in arrears and on a monthly basis, on
or before the 5th day of the month, for units of service provided under this Agreement.
SUBCONTRACTOR will submit a Monthly Services Report for its billings.At no time shall
the invoices for reimbursement be submitted more than 60 calendar days following the last
day of the month for which the services were provided without approval from the COUNTY.
(4) The COUNTY may, at its option, withhold reimbursement for any month for which
required reports and/or invoices have not been received, or are not accurate and/or
complete, or for contractual non-compliance issues.
J. OVERPAYMENTS OR ERRONEOUS PAYMENTS TO SUBCONTRACTOR
If overpayments or erroneous payments have been made to SUBCONTRACTOR under this
Agreement, the COUNTY will provide notice to SUBCONTRACTOR and SUBCONTRACTOR
shall refund the full amount of the overpayment within thirty (30) calendar days of the notice. If
SUBCONTRACTOR fails to make timely refund,the COUNTY may charge SUBCONTRACTOR
one percent(1%)per month on the amount due,until paid in full.
K. RECORDS AND DOCUMENTS REVIEW
(1) SUBCONTRACTOR must maintain books, records, documents, magnetic media, receipts,
invoices or other evidence relating to this Agreement and the performance of the services
rendered, along with accounting procedures and practices, all of which sufficiently and
properly reflect all direct and indirect costs of any nature expended in the performance of
this Agreement.At no additional cost,these records,including materials generated under this
Agreement,are subject at all reasonable times to inspection,review,or audit by WASPC,the
Office of the State Auditor, and state and federal officials so authorized by law, rule,
regulation, or agreement [See 42 USC 1396a(a)(27)(B); 42 USC 1396a(a)(37)(B); 42 USC
1396a(a)(42(A);42 CFR 431, Subpart Q;and 42 CFR 447.202].
(2) SUBCONTRACTOR must retain such records for a period of six (6)years after the date of
final payment under this Agreement.
(3) If any litigation, claim or audit is started before the expiration of the six (6) year period,the
records must be retained until all litigation, claims, or audit findings involving the records
have been resolved.
Discovery Behavioral Healthcare Contract(2021)-Page 4 of 15
L. RIGHTS OF STATE AND FEDERAL GOVERNMENTS
In accordance with 45 C.F.R. 95.617, all appropriate state and federal agencies, including but
not limited to the Centers for Medicare and Medicaid Services (CMS), will have a royalty-free,
nonexclusive, and irrevocable license to reproduce, publish, translate, or otherwise use, and to
authorize others to use for Federal Government purposes: (i) software, modifications, and
documentation designed,developed or installed with Federal Financial Participation(FFP)under
45 CFR Part 95, subpart F; (ii)the Custom Software and modifications of the Custom Software,
and associated Documentation designed,developed,or installed with FFP under this Agreement;
(iii)the copyright in any work developed under this Agreement;and,(iv)any rights of copyright
to which SUBCONTRACTOR purchases ownership under this Agreement.
M. COMPLIANCE WITH SUBRECIPIENT REQUIREMENTS FROM GRANT
(1) General. In accordance with 2 CFR 200.501 and 45 CFR 75.501, SUBCONTRACTOR
shall:
(a) Maintain records that identify, in its accounts, all federal awards received and
expended and the federal programs under which they were received, by Catalog of
p p g
Federal Domestic Assistance (CFDA) title and number, award number and year,
name of the federal agency, and name of the pass-through entity;
(b) Maintain internal controls that provide reasonable assurance that
SUBCONTRACTOR is managing federal awards in compliance with laws,
regulations, and provisions of contracts or grant agreements that could have a
material effect on each of its federal programs;
(c) Prepare appropriate financial statements, including a schedule of expenditures of
federal awards;
(d) Incorporate OMB Super Circular 2 CFR 200.501 and 45 CFR 75.501 audit
requirements into all agreements between SUBCONTRACTOR and its
subcontractors who are subrecipients;
(e) Comply with any future amendments to OMB Super Circular 2 CFR 200.501 and
45 CFR 75.501 and any successor or replacement Circular or regulation;
(f) Comply with the applicable requirements of OMB Super Circular 2 CFR 200.501
and 45 CFR 75.501 and any future amendments to OMB Super Circular 2 CFR
200.501 and 45 CFR 75.501, and any successor or replacement Circular or
regulation; and,
(g) Comply with the Omnibus Crime Control and Safe Streets Act of 1968,Title VI of
the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title
II of the Americans with Disabilities Act of 1990, Title IX of the Education
Amendments of 1972,The Age Discrimination Act of 1975,and the Department of
Justice Non-Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and
G, and 28 C.F.R. Part 35 and 39. (Go to http://ojp.gov/about/offices/ocr.htm for
additional information and access to the aforementioned Federal laws and
regulations.)
Discovery Behavioral Healthcare Contract(2021)-Page 5 of 15
(2) Single Audit Act Compliance. If SUBCONTRACTOR expends S750,000 or more in
federal awards from any and/or all sources in any fiscal year, SUBCONTRACTOR will
procure and pay for a single audit or a program-specific audit for that fiscal year. Upon
completion of each audit, SUBCONTRACTOR will:
(a) Submit to the head of the COUNTY department primarily responsible for
overseeing SUBCONTRACTOR'S performance under this Agreement or that
department head's designee the data collection form and reporting package
specified in OMB Super Circular 2 CFR 200.501 and 45 CFR 75.501, reports
required by the program-specific audit guide (if applicable), and a copy of any
management letters issued by the auditor;
(b) Follow-up and develop corrective action for all audit findings; in accordance with
OMB Super Circular 2 CFR 200.501 and 45 CFR 75.501, prepare a "Summary
Schedule of Prior Audit Findings."
(3) Overpayments. If it is determined by WASPC or the COUNTY, or during the
course of a required audit,that SUBCONTRACTO has been paid unallowable costs
under this or any Program Agreement, SUBCONTRACTOR will refund the full
amount to WASPC as provided in Section I. OVERPAYMENTS OR ERRONEOUS
PAYMENTS TO SUBCONTRACTOR.
N. RISK ASSESSMENT AND MONITORING FOR COMPLIANCE BY THE
COUNTY.
(1) SUBCONTRACTOR shall immediately report to the COUNTY any failure to perform under
this Agreement.
(2) Along with every request for reimbursement under this Agreement, SUBCONTRACTOR
shall submit a Monitoring Certification using the form attached as Appendix A for purposes
of the COUNTY performing the risk assessment of SUBCONTRACTOR and compliance
monitoring of this Agreement that is required of the COUNTY by WASPC.
O. WASPC CONTRACT SPECIFIC REQUIREMENTS
(1) Data Collection. SUBCONTRACTOR shall utilize the Julota data collection software
provided by WASPC. SUBCONTRACTOR must provide sufficient resources to establish
the administrative permissions necessary for Julota to be fully operational at the time
SUBCONTRACTOR'S field response begins. If SUBCONTRACTOR has not already
done so, it shall execute the Julota Use Agreement, which has been separately executed
between WASPC, the COUNTY and Julota.
(2) Reporting Requirements. The SUBCONTRACTOR shall submit required reports by the
dates below, using required forms and according to procedures issued by WASPC. The
Report Due Dates are:
(a) Monthly Progress Report. The 10th of the month following the previous month in
which funded activities were performed.
(b) Final Assessment Report. The 10th of the month following the last month of the
contract period in which funded activities were performed.
Discovery Behavioral Healthcare Contract(2021)-Page 6 of 15
The SUBCONTRACTOR shall be obligated to submit required reports after the close of
the WASPC Contract period,during the transfer of obligations to another contract,or upon
termination of the WASPC Contract for any reason.
(3) Evaluation and Monitoring. The SUBCONTRACTOR shall cooperate with and freely
participate in any monitoring or evaluation activities conducted by WASPC that are
pertinent to this Agreement. The COUNTY, WASPC, the State Auditor, or any of their
representatives shall have full access to and the right to examine during normal business
hours and as often as the COUNTY, WASPC, or the State Auditor may deem necessary,
all of the SUBCONTRACTOR'S records with respect to all matters covered in this
Agreement. Such representatives shall be permitted to audit, examine, and make excerpts
or transcripts from such records and to make audits of all contracts, invoices, materials,
payroll, and records of matters covered by this Agreement. Such rights extend for three
years from the date final reconciliation is made hereunder.
(4) Order of Precedence. In the event of any inconsistency in this Agreement,unless otherwise
provided herein,the inconsistency shall be resolved by giving precedence in the following
order:
(a) Applicable federal statutes and regulations;
(b) Applicable state statutes and regulations;
(c) WASPC Contract Face Sheet;
(d) WASPC Contract Specific Terms and Conditions;
(e) This Agreement's Specific Terms and Conditions; and,
(f) This Agreement's General Terms and Conditions.
P. GENERAL TERMS AND CONDITIONS
(1) SUBCONTRACTOR'S relation to the COUNTY shall at all times be that of independent
contractor. Any and all employees of SUBCONTRACTOR, or other persons engaged in
the performance of any work or service required of SUBCONTRACTOR under this
Agreement, shall be considered employees of SUBCONTRACTOR only, and any claims
that may arise on behalf of or against said employees shall be the sole obligation and
responsibility of SUBCONTRACTOR.
(2) SUBCONTRACTOR shall not subcontract or assign any of the services covered by this
Agreement without the express written consent of the COUNTY. Subcontracting and
assignment does not include printing or other customary reimbursable expenses that may
be provided in an Agreement.
(3) SUBCONTRACTOR, by signature to this Agreement, certifies that SUBCONTRACTOR
is not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participating in this Agreement, or any Agreement by any
Federal department or agency. SUBCONTRACTOR also agrees to include the above
requirement to all subcontracts into which it enters.
Discovery Behavioral Healthcare Contract(2021)-Page 7 of 15
(4) SUBCONTRACTOR shall obtain and keep in force during the terms of this Agreement,
or as otherwise required, the following insurance with companies or through sources
approved by the State Insurance Commissioner pursuant to Chapter 48:05 RCW:
(a) Worker's compensation and employer's liability insurance. SUBCONTRACTOR
will participate in the Worker's Compensation and Employer's Liability Insurance
Program as may be required by the State of Washington;
(b) Commercial Automobile Liability or Business Use 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 $1,000,000 each occurrence with the COUNTY named as an
additional insured in connection with SUBCONTRACTOR'S performance of this
Agreement.
(c) General Commercial Liability Insurance in an amount not less than a single limit
of two million dollars ($2,000,000.00)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 WASPC 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
(5) All employees or subcontractors of SUBCONTRACTOR who are required to be
professionally certified by the State in the performance of services under this Agreement
shall maintain professional liability insurance/error and omissions liability insurance in the
amount of not less than one million dollars($1,000,000). In no case shall such professional
liability to third parties be limited in any way.
(6) It shall be the responsibility of SUBCONTRACTOR to insure that any persons engaged in
the performance of any work or service required of SUBCONTRACTOR under this
Agreement, shall comply with the same insurance requirements that SUBCONTRACTOR
is required to meet.
(7) Failure on the part of SUBCONTRACTOR to maintain the insurance as required shall
constitute a material breach of contract upon which the COUNTY may, after giving five
working days' notice to SUBCONTRACTOR to correct the breach,immediately terminate
this Agreement or, at its discretion, procure or renew such insurance and pay any and all
premiums in connection therewith, with any sums so expended to be repaid to the
Discovery Behavioral Healthcare Contract(2021)-Page 8 of 15
COUNTY on demand, or at the sole discretion of the COUNTY, offset against funds due
SUBCONTRACTOR from the COUNTY.
(8) All cost for insurance shall be considered incidental to and included in the unit contract
prices and no additional payment will be made.
(9) Excepting the Workers Compensation insurance and any professional liability insurance
secured by SUBCONTRACTOR, the COUNTY will be named on all certificates of
insurance as an additional insured. SUBCONTRACTOR shall furnish the COUNTY with
verification of insurance and endorsements required by this Agreement. The COUNTY
reserves the right to require complete, certified copies of all required insurance policies at
any time.
(10) All insurance shall be obtained from an insurance company authorized to do business in
the State of Washington. SUBCONTRACTOR shall submit a verification of insurance as
outlined herein within 14 days of the execution of this Agreement to the COUNTY. All
insurance policies obtained by SUBCONTRACTOR shall be primary to any equivalent or
applicable policies held by the COUNTY. All insurance policies obtained by
SUBCONTRACTOR shall include a waiver of subrogation rights. Any self-insured
retention, deductible or risk retention maintained, or participated in, by the COUNTY
coverage for third-party liability claims provided to the COUNTY, shall be excess and
shall be non-contributory to the insurance policies provided by SUBCONTRACTOR in
order to comply with the insurance requirements of this Subcontract. All policies provided
by SUBCONTRACTOR in order to comply with the insurance requirements of this
Subcontract must be endorsed to show this primary coverage.
(11) The COUNTY will pay no progress payments under this Agreement until
SUBCONTRACTOR has fully complied with this section. This remedy is not exclusive;
and the COUNTY may take such other action as is available to them under other provisions
of this Agreement, or otherwise in law.
(12) Nothing in the foregoing insurance requirements shall prevent the COUNTY,at its option,
from additionally requesting that SUBCONTRACTOR deliver to the COUNTY an
executed bond as security for the faithful performance of this Agreement and for payment
of all obligations of SUBCONTRACTOR.
(13) It is understood and agreed that this Agreement is entered into in the State of Washington.
This Agreement shall be governed by and construed in accordance with the laws of the
United States, the State of Washington and the County of Jefferson, as if applied to
transactions entered into and to be performed wholly within Jefferson County, Washington
between Jefferson County residents. No party shall argue or assert that any state law other
than Washington law applies to the governance or construction of this Agreement.
(14) Should either party bring any legal action, each party in such action shall bear the cost of
its own attorney's fees and court costs.The venue for any legal action shall be solely in the
appropriate state court in Jefferson County, Washington, subject to the venue provisions
for actions against counties in RCW 36.01.050.
(15) SUBCONTRACTOR shall comply with the WA State Department of Labor and Industries
Minimum Wage Act, Chapter 49.46 RCW, acknowledging persons with disabilities
participating in job assessments are not considered employees.
Discovery Behavioral Healthcare Contract(2021)-Page 9 of 15
(16) SUBCONTRACTOR shall indemnify and hold the COUNTY, and its officers, officials,
employees, agents and volunteers(and their marital communities)harmless from and shall
process and defend at its own expense,including all costs,attorney fees and expenses relating
thereto, all claims, demands, or suits at law or equity arising in whole or in part, directly or
indirectly,from SUBCONTRACTOR'S negligence or breach of any of its obligations under
this Agreement; provided that nothing herein shall require a SUBCONTRACTOR to
indemnify the COUNTY and its officers, officials, employees, agents and volunteers (and
their marital communities) against and hold them harmless from claims, demands or suits
based solely upon the conduct of the COUNTY, its officers, officials, employees, agents
and volunteers (and their marital communities), and provided further that if the claims or
suits are caused by or result from the concurrent negligence of:
(a) SUBCONTRACTOR'S agents or employees; and,
(b) The COUNTY, its officers, officials, employees, agents and volunteers (and their
marital communities), this indemnity provision with respect to: (i) claims or suits
based upon such negligence, or (ii) the costs to the COUNTY of defending such
claims and suits, etc., shall be valid and enforceable only to the extent of
SUBCONTRACTOR'S negligence or the negligence of SUBCONTRACTOR'S
agents or employees.
(c) SUBCONTRACTOR specifically assumes potential liability for actions brought
against the COUNTY by SUBCONTRACTOR'S employees, including all other
persons engaged in the performance of any work or service required of
SUBCONTRACTOR under this Agreement and, solely for the purpose of this
indemnification and defense, SUBCONTRACTOR specifically waives any
immunity under the state industrial insurance law, Title 51 RCW.
SUBCONTRACTOR recognizes that this waiver was specifically entered into
pursuant to provisions of RCW 4.24.115 and was subject of mutual negotiation.
(d) The provisions of this section shall survive the expiration or termination of this
Agreement.
(17) SUBCONTRACTOR shall not discriminate against any person presenting themselves for
services based on race, religion,color, sex,age, or national origin.
(18) No portion of this Agreement may be assigned or subcontracted to any other individual,firm,
or entity without the express and prior written approval of the COUNTY. If the COUNTY
agrees in writing that all or a portion of this Agreement may be subcontracted to a third-
party, then any contract or agreement between SUBCONTRACTOR and a third-party
subcontractor must contain all provisions of this Agreement and the third-party subcontractor
must agree to be bound by all terms and obligations found in this Agreement.
(19) This Agreement memorializes the entire agreement of the parties. No representation or
promise not expressly contained in this Agreement has been made. The parties are not
entering into this Agreement based on any inducement, promise or representation,
expressed or implied,which is not expressly contained in this Agreement. This Agreement
supersedes all prior or simultaneous representations, discussions, negotiations, and
agreements, whether written or oral,within the scope of this Agreement.
(20) SUBCONTRACTOR is responsible for meeting all terms and conditions of this Agreement
including standards of service,quality of materials and workmanship,costs,and schedules.
Discovery Behavioral Healthcare Contract(2021)- Page 10 of 15
Failure of a subcontractor to perform is no defense to a breach of this Agreement.
SUBCONTRACTOR assumes responsibility for and all liability for the actions and quality
of services performed by any subcontractor. Every subcontractor must agree in writing to
follow every term of this Agreement. SUBCONTRACTOR 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 head of the COUNTY
department primarily responsible for overseeing SUBCONTRACTOR'S performance
under this Agreement or that department head's designee must approve any proposed
subcontractors in writing. Any dispute arising between SUBCONTRACTOR and any
subcontractors or between any subcontractors must be resolved without involvement of
any kind on the part of the COUNTY and without detrimental impact on the delivery of
contracted goods or services.
(21) While performing services, the use of illegal drugs, alcohol, or controlled substances on
the COUNTY property or premises is strictly prohibited. SUBCONTRACTOR'S
employees shall not perform services while under the influence of drugs or alcohol, and if
discovered, may be reported to the appropriate law enforcement agency.
(22) The use of tobacco of any kind on property or premises of the COUNTY shall comply with
the COUNTY's policies.
(23) Any form of harassment, discrimination, or improper fraternization with any employee of
the COUNTY or a participant is strictly prohibited.
(24) 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. 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) The terms of this Agreement are not severable. 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 enforceable.
(26) This Agreement shall be binding upon and inure to the benefit of the parties' successors in
interest,heirs and assigns.
(27) 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.
(28) This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, and all of which counterparts together shall constitute the same
instrument which may be sufficiently evidenced by one counterpart. Execution of this
Agreement at different times and places by the parties shall not affect the validity of this
Agreement, so long as all the parties execute a counterpart of this Agreement.
(29) The parties agree that facsimile and electronic signatures shall have the same force and
effect as original signatures.
Discovery Behavioral Healthcare Contract(2021)- Page 11 of 15
(30) The parties agree that this Agreement has been negotiated at arms-length, with the
assistance and advice of competent, independent legal counsel.
(31) Notwithstanding any 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 be amended), SUBCONTRACTOR 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. SUBCONTRACTOR
also agrees that upon receipt of any written public record request, SUBCONTRACTOR
shall, within two business days, notify the COUNTY by providing a copy of the request
per the notice provisions of this Agreement.
(32) 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 Risk Management Department
1820 Jefferson Street
Port Townsend, WA 98368
Notices to SUBCONTRACTOR shall be sent to the following address:
Jim Novelli MSEd,MHP/Executive Director
Discovery Behavioral Healthcare
PO Box 565 . 884 W Park Ave
Port Townsend WA 98368
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Discovery Behavioral Healthcare Contract(2021)-Page 12 of 15
ADOPTED THIS day of ,2021
BOARD OF COUNTY COMMISSIONERS DISCOVERY BEHAVIORAL
JEFFERSON COUNTY, WASHINGTON HEALTHCARE
By:Kate Dean, Chair DATE By: tat
o`► _ /
J Novel i, Executive Directo DA E
By:
Greg Brotherton, Member DATE
By:
Heidi Eisenhour, Member DATE
SEAL:
ATTEST:
Carolyn Galloway DATE
Clerk of the Board
Approved as to form only:
Philip C. Hunsucker DATE
Chief Civil Deputy Prosecuting Attorney
Discovery Behavioral Healthcare Contract(2021)- Page 13 of 15
APPENDIX A—COMPLIANCE AND RISK MONITORING FORM
This Compliance and Risk Monitoring Form shall be submitted along with every request for
reimbursement.
WASPC CONTRACT NO: MHFRT-2021- 002- 011
DATE:
NAME OF SUBCONTRACTOR: Discovery Behavioral Healthcare
By signing below, I declare under penalty of perjury of the laws of the State of Washington and
the United States that the forgoing is true and correct. (Check the applicable boxes.)
DATE CERTIFICATION ITEM YES NO
SUBCONTRACTOR has not been suspended, debarred or
otherwise excluded from any federal or state contract
SUBCONTRACTOR is providing all written reports and
date required by the Agreement
SUBCONTRACTOR has provided any audit report
received by it from any government agency since the last
certification
SUBCONTRACTOR certifies that all of the deliverables
and other work required since the last certification have
been completed
All the work being billed for in the invoice actually has
been performed, including any timesheet or other backup
SUBCONTRACTOR agrees to submit to an audit within
30 days of a request from the COUNTY or WASPC
SUBCONTRACTOR has corrected any deficiencies
identified since the last certification
SUBCONTRACTOR SIGNATURE DATE
WRITTEN NAME OF PERSON SIGNING CERTIFICATION
APPROVED BY JEFFERSON COUNTY:
JEFFERSON COUNTY APPROVALSIGNATURE DATE
WRIT
TEN NAME OF PERSON APPROVING CERTIFICATION
Discovery Behavioral Healthcare Contract(2021)-Page 14 of 15
APPENDIX B—WASPC CONTRACT
[ATTACHED]
Discovery Behavioral Healthcare Contract(2021)-Page 15 of 15
Washington Association of 3060 Willamette Drive NE
WA 98516
SHERIFFS Lacey,360-486-2380(Phone)
. 360-486-2381 )
POLICE CHIEFSwww.waspc.org(Fax
MENTAL HEALTH FIELD RESPONSE TEAM PROGRAM
GRANT FUNDING CONTRACT
1. Contract No.: MHFRT—2021—002-011
2. Contractor's Name&Address: Jefferson County Sheriff's Office
79 Elkins Rd.
Port Hadlock,WA 98339
3. Tax Identification No.: 91-6001322
4. Contractor's Point of Contact: Undersheriff Andy Pernsteiner
360-344-9760
apernsteiner@co.jefferson.wa.us
5. Contract Period: July 1,2021—June 30,2022
6. Funding Authority: Washington State Legislature via Washington State Criminal Justice
Training Commission Operating Budget 2021—2022;and Washington
State Health Care Authority Misdemeanor Diversion Funds
7. Service Area: Jefferson County
8. Award: $116,817.60
SPECIFIC TERMS AND CONDITIONS
This CONTRACT is entered into by and between the WASHINGTON ASSOCIATION OF SHERIFFS & POLICE CHIEFS
(herein referred to as WASPC); and the JEFFERSON COUNTY SHERIFF'S OFFICE (herein referred to as the
CONTRACTOR).
NOW, THEREFORE, In consideration of the covenants, performances, and promises contained herein,the parties
agree as follows:
A. FUNDING SOURCE
Funding for this CONTRACT is provided to WASPC by the Washington State Legislature,through the Washington
State Criminal Justice Training Commission Operating Budget 2021-2022(funding period ofJuly 1,2021 through
June 30, 2022);and Washington State Health Care Authority Misdemeanor Diversion Funds.
B. SCOPE OF SERVICES
The CONTRACTOR shall use the state funds awarded hereunder solely for approved costs and services
associated with the CONTRACTOR'S Mental Health Field Response Team Program as further defined by the
STATEMENT OF WORK.
C. SCOPE OF WORK
The CONTRACTOR shall seek to implement the activities and to achieve the goals and objectives of the Mental
Health Field Response Team Program,as set forth in the STATEMENT OF WORK.
Serving the Law Enforcement Community and the Citizens of Washington
D. SCOPE OF WORK REVISIONS
The CONTRACTOR shall submit to WASPC a written request to effect any significant change to the SCOPE OF
WORK as expressed in the STATEMENT OF WORK. Such requests shall be accompanied by a revised STATEMENT
OF WORK or other supporting documents and shall be accepted by WASPC before the activities supporting the
revised SCOPE OF WORK qualify as part of the SCOPE OF SERVICES.
E. BUDGET REVISIONS
The CONTRACTOR shall submit to WASPC a written request to effect any change(s)in the project budget which
reflect a cumulative transfer of greater than ten percent (10%) in aggregate among budget line items as
i
indicated in the STATEMENT OF WORK. WASPC may approve or deny the request at its sole discretion.
F. PERFORMANCE STANDARDS
The CONTRACTOR shall perform the services as defined in the STATEMENT OF WORK incorporated herein; in
accordance with the request for reimbursement funding cap as stated on Line 8 of this CONTRACT and in
accordance with the Mental Health Field Response Team Program,as well as other polices and/or procedures
Issued by WASPC.
G. PERIOD OF OBLIGATION
The CONTRACT period during which reimbursement requests may be provided is indicated on Line 5 of this
CONTRACT.
H. ALLOWABLE COSTS
Allowable costs shall include costs incurred by the CONTRACTOR from the first date of the CONTRACT period,
until the CONTRACT is terminated or expires as provided herein as evidenced by the CONTRACTOR submitting
a proper WASPC Reimbursement Request Form, submitted to WASPC on a timely basis, insofar as those
allowable costs do not exceed the maximum amount of authorized funding as provided on Line 8 of this
CONTRACT. Costs allowable under this CONTRACT are based on the budget approved by WASPC as defined in
the STATEMENT OF WORK.
I. NON-SUPPLANTING
The CONTRACTOR shall not use the state funds specified by this CONTRACT to supplant local,federal, or other
state funds. The CONTRACTOR shall not use these state funds to replace funding which would otherwise be
made available to the CONTRACTOR had the state funds provided by this CONTRACT not been provided.
J. GRANT ADMINISTRATION
The WASPC Grant Administrator shall be responsible for monitoring the performance of this CONTRACT,
including approval and acceptance of reports provided by the CONTRACTOR. The WASPC Grant Administrator
shall provide and facilitate assistance and guidance to the CONTRACTOR as necessary.
K. PROGRAM ADMINISTRATION
The CONTRACTOR shall notify WASPC of the local program administrator who shall be responsible for the
performance of this CONTRACT. The CONTRACTOR shall provide WASPC with the program administrator's
name,address,telephone number(s),email address,and subsequent changes.
L. DATA COLLECTION
The CONTRACTOR shall utilize the data collection tool provided by WASPC, hereinafter referred to as
the WASPC Data Collection Tool, which is the JULOTA Reach Software. The CONTRACTOR must
provide sufficient resources to establish the administrative permissions necessary for the WASPC Data
Collection Tool to be fully operational at the time field response begins at the agency(ies). The
CONTRACTOR, if not already done so,shall execute the JULOTA"SaaS Use Agreement",which will be
separately executed between the CONTRACTOR and JULOTA.
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MHFRT 2021-002-011
Jefferson County Sheriffs Office
M. REPORTING REQUIREMENTS
The CONTRACTOR shall submit required reports by the due date using the required forms according to
procedures issued by WASPC. The CONTRATOR shall be obligated to submit required reports after the close of
the CONTRACT period, during the transfer of obligations to another CONTRACT, or upon termination of the
CONTRACT for any reason.
1. REPORT DUE DATES
a. MONTHLY PROGRESS REPORT—Due on the 10th of the month following the previous month in which
funded activities were performed.
b. SEMI-ANNUAL REPORT - Due on the 10th of the month following the sixth-month period in which
funded activities were performed.
c. FINAL ASSESSMENT REPORT— Due on the 10th of the month following the twelve-month period in
which funded activities were performed.
N. PAYMENT PROVISIONS
WASPC shall award state funds to the CONTRACTOR up to the amount provided on Line 8 of this CONTRACT.
Upon receipt of a fully executed CONTRACT,WASPC will allow reimbursement of allowable expenditures made
by the CONTRACTOR. The CONTRACTOR is required to complete and submit to the WASPC Grant Administrator
a WASPC Reimbursement Request Form along with documentation and/or invoices for the allowable
expenditures.
0. EVALUATION AND MONITORING
The CONTRACTOR shall cooperate with and freely participate in any monitoring or evaluation
activities conducted by WASPC that are pertinent to this CONTRACT. WASPC, the State Auditor, or
any of their representatives shall have full access to and the right to examine during normal business
hours and as often as WASPC, or the State Auditor may deem necessary, all of the CONTRACTOR'S
records with respect to all matters covered in this CONTRACT. Such representatives shall be permitted
to audit, examine, and make excerpts or transcripts from such records and to make audits of all
contracts, sub-contracts, invoices, materials, payroll and records of matters covered by this
CONTRACT. Such rights extend for three years from the date final reconciliation is made hereunder.
P. ACKNOWLEDGEMENT OF STATE FUNDS
The CONTRACTOR and its SUBCONTRACTORS shall comply with the special conditions listed below:
1. Applicability of Part 200 Uniform Requirements — The Uniform Administrative Requirements, Cost
Principles,and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department
of Justice(DOJ)in C.F.R.Part 2800(the"Part 200 Uniform Requirements")apply to this award.
2. The CONTRACTOR understands and agrees that WASPC may withhold award funds, or may impose other
related requirements,if the CONTRACTOR does not satisfactorily and promptly address outstanding issues
from audits required by Part 200 Uniform Requirements (or by the terms of this award), or other
outstanding Issues that arise in connection with audits,investigations,or reviews of awards.
3. The CONTRACTOR understands and agrees that it cannot use any state funds,either directly or indirectly,
in support of the enactment, repeal,modification,or adoption of any law,regulation or policy,at any level
of government,without the express written approval of WASPC.
4. The CONTRACTOR agrees to comply with all applicable laws, regulations,policies,and guidance(including
specific cost limits,prior approval and reporting requirements,where applicable)governing the use of state
funds for expenses related to conferences, meetings, trainings, and other events, including provision of
food and/or beverage at such events,and costs of attendance at such events.
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MHFRT 2021-002-011
Jefferson County Sheriffs Office
5. The CONTRACTOR agrees that if it currently has an open award of state funds or if it receives an award of
state funds other than this award, and those funds have been,are being, or are to be used,in whole or In
this part,for one or more of the identical cost items for which funds are being provided under award,the
for this award, and if so
Administrator ,
will promptly no
tify, in writing, the
WASPC Grant
CONTRACTORp p y y,
requested by WASPC,seek a budget modification or change of project scope to eliminate any inappropriate
duplication of funding.
6. The CONTRACTOR understands and agrees that award funds may not be used to discriminate against or
denigrate the religious or moral beliefs of students who participate in programs for which financial
assistance is provided from those funds,or the parents or legal guardians of such students.
7. The CONRACTOR understands and agrees that,(a) No award funds may be used to maintain or establish a
computer network unless such network blocks the viewing,downloading,and exchanging of pornography,
and(b) Nothing in subsection (a)limits the use of funds necessary for any federal,state,tribal or local law
enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication
activities.
8. The CONTRACTOR must collect,maintain,and provide to WASPC,data that measure the performance and
effectiveness of activities under this award, in the manner, and within the timeframes, specified in the
program solicitation, or as otherwise specified by WASPC. Data collection supports compliance with the
Government Performance and Results Act(GPRA) and the GPRA Modernization Act, and other applicable
laws.
9. The CONTRACTOR agrees to cooperate with any assessments, state evaluation efforts, or information or
data collection requests, including, but not limited to, the provision of any information required for the
assessment or evaluation of any activities within this project.
10. The CONTRACTOR agrees to comply with WASPC grant monitoring guidelines, protocols, and procedures,
and to cooperate with WASPC on all grant monitoring requests,including requests related to desk reviews,
enhanced programmatic desk reviews, and/or site visits. The CONTRACTOR agrees to provide WASPC all
documentation necessary to complete monitoring tasks. Further, the CONTRACTOR agrees to abide by
reasonable deadlines set by WASPC for providing the requested documents. Failure to cooperate with
WASPC's grant monitoring activities may result in sanctions affecting the CONTRACTOR'S award(s),
including,but not limited to:withholdings and/or other restrictions on the CONTRACTOR'S access to grant
funds;referral to the Office of the State Auditor for audit review;or termination of any award(s).
11. The CONTRACTOR acknowledges that sub-awards are not authorized.
12. The CONTRACTOR agrees to submit to WASPC for review and approval any curricula, training materials,
proposed publications, reports,or any other written materials that will be published,including web-based
materials and website content,through funds from this grant at least thirty(30)working days prior to the
targeted dissemination date.
13. The CONTRACTOR must certify that Limited English Proficiency persons have meaningful access to the
services under this program(s). National origin discrimination includes discrimination on the basis of limited
English proficiency(LEP). To ensure compliance with Title Vi of the Safe Streets Act,the CONTRACTOR is
required to take reasonable steps to ensure that LEP persons have meaningful access to their programs.
Meaningful access may entail providing language assistance services,including oral and written translation
when necessary. The US Department of Justice has issued guidance for grantees to help them comply with
Title VI requirements. The guidance document can be access on the internet at www,len.gov.
14. The CONTRACTOR agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice
Programs policies and procedures regarding the protection of human research subjects, including
obtainment of Institutional Review Board approval,and subject informed consent.
15. The CONTRACTOR agrees to comply with all confidentiality requirements of 42 U.S.C.section 37899 and 20
C.F.R.Part 22 that are applicable to collection,use and revelation of data or information. The CONTRACTOR
further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with the
requirements of 28 C.F.R. Part 22 and,in particular,section 2223.
16. Approval of this award does not indicate approval of any consultant rate in excess of$650 per day.
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MHFRT 2021-002-011
Jefferson County Sheriff's Office
17. All procurement(contract)transactions under this award must be conducted in a manner that is consistent
with 2 C.F.R Part 200 and state and local law.
Q. ENTIRE AGREEMENT
This CONTRACT contains the entire agreement of the parties and may not be modified or amended except as
provided herein. The CONTRACTOR shall perform in accordance with the specific and general terms and
conditions of this CONTRACT. No other understanding, oral or written, regarding the subject matter of this
CONTRACT shall be deemed to exist or to bind any of the parties hereto. The CONTRACTOR shall comply with
all applicable laws ordinances,codes,regulations and policies of local,state,and federal governments.
IN WITNESS WHEREOF,the Washington Association of Sheriffs&Police Chiefs(WASPC)and the Jefferson
County Sheriffs Office (CONTRACTOR) acknowledge and accept the terms of this CONTRACT and the
attachments here to, and in witness whereof have executed this CONTRACT as of the date and year last
written below. The rights and obligations of both parties to this CONTRACT are governed by the
information contained in this agreement and other documents incorporated herein by reference:Project
Narrative and Approved Budget Worksheet which constitute the STATEMENT OF WORK.
FOR WASPC: FOR CON CTOR
Steve D.Strachan,Executive Director Name: +. . /111:L-t
Washington Association of Sheriffs Title: S 14 E.I2SFr-
&Police Chiefs Date: ES/ 11 }�o /
Date: J
SEAL: JEFFERSON COUNTY
BOA 0 F COMMISSIONERS
Kate De n,Chair
t erton,Member
ATTEST'
qiecej-61-(e-6 Heidi ise hour,,MMember
oly allaway,CMC
Clerk of the Board
Approved as to Form Only:
July 29,2021
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
MHFRT 2021-002-011 S
Jefferson County Sheriffs Office