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Washington Association of Sheriffs and Police Chiefs (WASPC) - 072522
�ft . ..1) r g6 4 201— C_O'; i Washiagtos Associationof PROFESSIONAL SERVICES WASPC Contract Number t'f} SHERIFFS & CONTRACT for n POLICE CHIEFS Mental Health Field Response MHFR-22-003 L THIS CONTRACT is made by and between the Washington Association of Sheriffs and Police Chiefs (WASPC)and Jefferson County Sheriffs Office(Contractor). CONTRACTOR NAME I CONTRACTOR DOING BUSINESS AS (DBA) ---� Jefferson County Sheriffs Office [N/A CONTRACTOR I STREET CITY STATE ZIP CODE 479 Elkins Rd Port Hadlock WA 98339 CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR E-MAIL ADDRESS P Undersheriff-Andrew Pemsteiner (360)344-9760 apemstelner@co.jefferson.wa.us Is Contractor a Subreciplent under this Contract? FUNDING AUTHOIRTY OYES ►i4NO RCW 36,28A.440 WASPC PROGRAM WASPC DIVISION/SECTION Mental Health Field Response Projects and Programs WASPC CONTACT NAME AND TITLE WASPC CONTACT ADDRESS --- Steven Briggs Steven Briggs Program Coordinator 3060 Willamette Dr. NE,STE 200 Lacey,WA 98516 WASPC CONTACT TELEPHONE WASPC CONTACT E-MAIL ADDRESS (360)486-2389 sbriggs@waspc.org CONTRACT START DATE CONTRACT END DATE TOTAL MAXIMUM CONTRACT AMOUNT July 1, 2022 June 30, 2023 S108,994.25 PURPOSE OF CONTRACT: FUNDING SOURCE: To provide services to communities In Washington 1 Washington State Healthcare Authority(State State as set forth in RCW 36.28A.440. 1 Funds) SERVICE AREA: Jefferson County&City of Port Townsend • C TRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED 4 ---4.4 '' YfiC6 e(g/�hc t r1 C{1/4-et.lr � ��Z Z W SPC SIGNATURE PRINTED NAME AND TITLE lb SIGNED =VVIAA. 1. r- - Kim Goodman, Chief of Staft 01 N, '(j6-- Approved as to Form on July 21,2022 Rib"0er24/2022 0 C. -'"' '" Philip C. Hunsucker,Chief Civil DPA 4.20 INDEMNIFICATION 18 4.21 INDEPENDENT CAPACITY OF THE CONTRACTOR 19 4.22 INDUSTRIAL INSURANCE COVERAGE 19 4.23 LEGAL AND REGULATORY COMPLIANCE 19 4.24 LIMITATION OF AUTHORITY 19 4.25 NO THIRD-PARTY BENEFICIARIES 19 4.26 NONDISCRIMINATION 20 4.27 NON-SUPPLANTING CERTIFICATION 20 4.28 OVERPAYMENTS TO CONTRACTOR 20 4.29 PAY EQUITY 20 4.30 PUBLICITY 21 4.31 RECORDS AND DOCUMENTS REVIEW 21 4.32 REMEDIES NON-EXCLUSIVE 22 4.33 RIGHT OF INSPECTION 22 4.34 RIGHTS IN DATA/OWNERSHIP 22 4.35 RIGHTS OF STATE AND FEDERAL GOVERNMENTS 23 4.36 SERVICES TO PERSONS WITH LIMITED ENGLISH PROFICIENCY 23 4.37 SEVERABILITY 24 4.38 SITE SECURITY 24 4.39 SUBCONTRACTING 24 4.40 SURVIVAL 25 4.42 CORRECTIVE ACTION PLAN/SUSPENSION/TERMINATION 25 4.43 TERMINATION PROCEDURES 27 4.44 WAIVER 28 4.45 WARRANTIES 28 SCHEDULE A 29 SCHEDULE B 32 EXHIBIT A 33 EXHIBIT B 34 Washington Association of 3 Mental Health Field Response Sheriffs and Police Chiefs Schedules Schedule A: Statement of Work (SOW) Schedule B: Approved Budget Exhibit A: Project Narrative and Timeline Exhibit B: Project Budget Washington Association of 4 Mental Health Field Response Sheriffs and Police Chiefs Contract # MHFR-22-003 RECITALS House Bill 2982, Chapter 142, Laws of 2018, went into effect on June 7, 2018. The purpose of the grant program is to assist local law enforcement agencies to establish and expand mental health field response capabilities, utilizing mental health professionals to professionally, humanely, and safely respond to crises involving persons with behavioral health issues with treatment, diversion, and reduced incarceration time as primary goals. WASPC has determined that entering into a Contract with Jefferson County Sheriffs Office will meet WASPC's needs. NOW THEREFORE, WASPC awards to Jefferson County Sheriffs Office this Contract, the terms and conditions of which will govern Contractor's providing to WASPC the services and Data from Contractor's Mental Health Field Response program. IN CONSIDERATION of the mutual promises as set forth in this Contract, the parties agree as follows: 1. STATEMENT OF WORK (SOW) The Contractor will provide the services and staff as described in Schedule A: Statement of Work. 2. DEFINITIONS "Authorized Representative" means a person to whom signature authority has been delegated in writing acting within the limits of his/her authority. "Breach" means the unauthorized acquisition, access, use, or disclosure of Confidential Information that compromises the security, confidentiality, or integrity of the Confidential Information. "Business Days and Hours" means Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacific Time, except for holidays observed by the state of Washington. "Care Plan" is a document developed by a Mental Health Professional (MHP) who meets the definition outlined in RCW 71.05.020(39). A"Care Plan" must contain, at a minimum, the following elements: 1. Client's name and identifying demographic information 2. Client's known or suspected behavioral health and/or substance use related conditions, 3. Information that can be used by all program staff to avoid generating a negative psychological or physical response on the part of the client, Washington Association of 5 Mental Health Field Response Sheriffs and Police Chiefs 4. Information that can be used by all program staff to create a safe and positive environment for the client and staff that are interacting with the client, 5. A section that clearly articulates the steps that the MHP completing the plan believes is necessary to improve the stability, wellbeing, and safety of the client for whom the plan is made. 6. A section that clearly articulates when a staff member should disengage with a client that appears to be escalating to a state of acute crisis or agitation. 7. A section that clearly articulates what steps should be taken for the client's stability, wellbeing, and safety after a staff member disengages because the client appears to be escalating to a state of acute crisis or agitation. 8. A date by which the plan expires or must be updated. Note that a specific date, no more than 365 days in the future, must be provided. If at any time it appears that the plan has expired, or needs to be updated, a MHP must update the plan prior to any further services being provided. "CFR" means the Code of Federal Regulations. All references in this Contract to CFR chapters or sections include any successor, amended, or replacement regulation. The CFR may be accessed at http://www.ecfr.qov/cgi-bin/ECFR?page=browse. "Community Agency" means an organization that works with and supports people working through behavioral health challenges but does not directly provide treatment. The organization can be a nonprofit or government/public agency as defined in the application "Confidential Information" means information that may be exempt from disclosure to the public or other unauthorized persons under chapter 42.56 RCW or chapter 70.02 RCW or other state or federal statutes or regulations. Confidential Information includes, but is not limited to, any information identifiable to an individual that relates to a natural person's health, (see also Protected Health Information); finances, education, business, use or receipt of governmental services, names, addresses, telephone numbers, social security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and any other identifying numbers, law enforcement records, software source code or object code, or WASPC or State security information. "Contract" means this Contract document and all schedules, exhibits, attachments, incorporated documents and amendments. "Contractor" means Jefferson County Sheriffs Office, D/B/A/: N/A, its employees and agents. Contractor includes any firm, provider, organization, individual or other entity performing services under this Contract. It also includes any Subcontractor retained by Contractor as permitted under the terms of this Contract. "Data" means information produced, furnished, acquired, or used by Contractor in meeting requirements under this Contract. Washington Association of 6 Mental Health Field Response Sheriffs and Police Chiefs "Date of Execution" or"Effective Date" means the first date this Contract is in full force and effect, or the date of the last signature of a party to this Contract. "Government/Public Agency" means an educational service district, school district, law enforcement agency, therapeutic court or probation office, public health district, a recognized American Indian organization, an Urban Indian Health Organization, or a Tribe. "WASPC Contract Manager" means the individual identified on the cover page of this Contract who will provide oversight of the Contractor's activities conducted under this Contract. "Overpayment" means any payment or benefit to the Contractor in excess of that to which the Contractor is entitled by law, rule, or this Contract, including amounts in dispute. "Proprietary Information" means information owned by Contractor to which Contractor claims a protectable interest under law. Proprietary Information includes, but is not limited to, information protected by copyright, patent, trademark, or trade secret laws. "Protected Health Information" or"PHI" means individually identifiable information that relates to the provision of health care to an individual; the past, present, or future physical or mental health or condition of an individual; or past, present, or future payment for provision of health care to an individual, as defined in 45 CFR 160.103. Individually identifiable information is information that identifies the individual or about which there is a reasonable basis to believe it can be used to identify the individual, and includes demographic information. PHI is information transmitted, maintained, or stored in any form or medium. 45 CFR 164.501. PHI does not include education records covered by the Family Educational Rights and Privacy Act, as amended, 20 USC 1232g(a)(4)(b)(iv). "RCW" means the Revised Code of Washington. All references in this Contract to RCW chapters or sections include any successor, amended, or replacement statute. Pertinent RCW chapters can be accessed at: http://apps.leq.wa.gov/rcw/. "Statement of Work" or "SOW" means a detailed description of the work activities the Contractor is required to perform under the terms and conditions of this Contract, including the deliverables and timeline, and is Schedule A hereto. "Subcontractor" means a person or entity that is not in the employment of the Contractor, who is performing all or part of the business activities under this Contract under a separate contract with Contractor. The term "Subcontractor" means subcontractor(s) of any tier. "Subrecipient" shall have the meaning given in 45 C.F.R. 75.2, or any successor or replacement to such definition, for any federal award from HHS; or 2 C.F.R. 200.93, or any successor or replacement to such definition, for any other federal award. "USC" means the United States Code. All references in this Contract to USC chapters or sections will include any successor, amended, or replacement statute. The USC may be accessed at http://uscode.house.gov/ Washington Association of 7 Mental Health Field Response Sheriffs and Police Chiefs "WAC" means the Washington Administrative Code. All references to WAC chapters or sections will include any successor, amended, or replacement regulation. Pertinent WACs may be accessed at: http://app.leg.wa.gov/wac/. 3. SPECIAL TERMS AND CONDITIONS 3.1 PERFORMANCE EXPECTATIONS Expected performance under this Contract includes, but is not limited to, the following: 3.1.1 Knowledge of applicable state and federal laws and regulations pertaining to subject of the Contract; 3.1.2 Use of professional judgment; 3.1.3 Collaboration with WASPC staff in Contractor's conduct of the services; 3.1.4 Conformance with WASPC directions regarding the delivery of the services; 3.1.5 Timely, accurate and informed communications; 3.1.6 Regular completion and updating of project plans, reports, documentation and communications; 3.1.7 Regular, punctual attendance at all meetings; 3.1.8 Provision of high-quality services, and Prior to payment of invoices, WASPC will review and evaluate the performance of Contractor in accordance with Contract and these performance expectations and may withhold payment if expectations are not met or Contractor's performance is unsatisfactory. 3.2 TERM 3.2.1 The initial term of the Contract shall be July 1, 2022 and continue through June 30, 2023, unless terminated sooner as provided herein. 3.2.2 Work performed without a contract or amendment signed by the Authorized Representatives of both parties will be at the sole risk of the Contractor. WASPC will not pay any costs incurred before a contract or any subsequent amendment(s) is fully executed. 3.2.3 A completed contract is expected within 30 days following the letter of intent to award. In the event a contract is not signed (through no fault of WASPC) by the awarded Applicant within 30 days, WASPC may elect to cease negotiations, withdraw the award, and award to the next most advantageous Applicant. Washington Association of 8 Mental Health Field Response Sheriffs and Police Chiefs 3.3 DATA COLLECTION 3.3.1 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 within 30 days of the execution of this contract. 3.4 COMPENSATION 3.4.1 The Maximum Compensation payable to Contractor is $108,994.25. 3.4.2 Contractor's compensation for services rendered will be based in accordance with Schedule B: Approved Budget. 3.4.3 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 indicated in Schedule B: Approved Budget. WASPC may approve or deny the request at its sole discretion. 3.4.4 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 the Facesheet of this contract. Costs allowable under this CONTRACT are based on the budget approved by WASPC and documented in Schedule B. 3.5 INVOICE AND PAYMENT 3.5.1 Contractor must submit accurate invoices to WASPC utilizing the online billing tool made available to contractor upon execution of their contract. Invoices are due monthly and should be submitted the 10th day of the month following the period for which services are billed. WASPC reserves the right to deny payment for invoices that are submitted forty-five (45) calendar days beyond the period for which services were provided. 3.5.2 Invoices must describe and document to WASPC's satisfaction a description of the work performed, the progress of the project, fees, and a statement that includes the following language: "We certify pursuant to 2 CFR § 200.201(1)(iii)(3) that the activities described in this invoice and associated report(s) have been completed,' If expenses are invoiced, invoices must provide a detailed breakdown of each type. Washington Association of 9 Mental Health Field Response Sheriffs and Police Chiefs All invoices will be reviewed and must be approved by the Contract Manager or his/her designee prior to payment. 3.5.3 Contractor must submit properly itemized invoices to include the following information, as applicable: 3.5.3.1 WASPC Contract number MHFR-22-003; 3.5.3.2 Contractor name, address, phone number; 3.5.3.3 Description of Services; 3.5.3.4 Date(s) of delivery; 3.5.3.5 Net invoice price for each item; 3.5.3.6 Applicable taxes; 3.5.3.7 Total invoice price; and 3.5.4 WASPC will return incorrect or incomplete invoices to the Contractor for correction and reissue. The Contract Number must appear on all invoices, bills of lading, packages, and correspondence relating to this Contract. 3.5.5 Upon expiration of the Contract, any claims for payment for costs due and payable under this Contract that are incurred prior to the expiration date must be submitted by the Contractor to WASPC within fourteen (14) calendar days after the Contract expiration date. WASPC is under no obligation to pay any claims that are submitted fifteen (15) or more calendar days after the Contract expiration date ("Belated Claims"). WASPC will pay Belated Claims at its sole discretion, and any such potential payment is contingent upon the availability of funds. 3.6 CONTRACTOR AND WASPC CONTRACT MANAGERS 3.6.1 Contractor's Contract Manager will have prime responsibility and final authority for the services provided under this Contract and be the principal point of contact for the WASPC Contract Manager for all business matters, performance matters, and administrative activities. 3.6.2 WASPC's Contract Manager is responsible for monitoring the Contractor's performance and will be the contact person for all communications regarding contract performance and deliverables. The WASPC Contract Manager has the authority to accept or reject the services provided and must approve Contractor's invoices prior to payment. 3.6.3 The contact information provided below may be changed by written notice of the change (email acceptable) to the other party. CONTRACTOR WASPC Washington Association of 10 Mental Health Field Response Sheriffs and Police Chiefs Contract Manager Information Contract Manager Information Name: Undersheriff-Andrew Name: Steven Briggs Pernsteiner 79 Elkins Rd 3060 Willamette Dr NE, STE Address: Address: 200 Port Hadlock, WA 98339 Lacey, WA 98516 Phone: (360) 344-9760 Phone: (360) 486-2389 aEmail: Spernsteiner@co.jefferson.wa.0 Email: sbriggs@waspc.org 3.7 LEGAL NOTICES Any notice or demand or other communication required or permitted to be given under this Contract or applicable law is effective only if it is in writing and signed by the applicable party, properly addressed, and delivered in person, via email, or by a recognized courier service, or deposited with the United States Postal Service as first-class mail, postage prepaid certified mail, return receipt requested, to the parties at the addresses provided in this section. 3.7.1 In the case of notice to the Contractor: Undersheriff- Andrew Pernsteiner Jefferson County Sheriff's Office 79 Elkins Rd Port Hadlock, WA 98339 3.7.2 In the case of notice to WASPC: Attention: Chief of Staff Washington Association of Sheriffs and Police Chiefs 3060 Willamette Drive NE, STE 200 Lacey, WA 98516 3.7.3 Notices are effective upon receipt or four (4) Business Days after mailing, whichever is earlier. 3.7.4 The notice address and information provided above may be changed by written notice of the change given as provided above. 3.8 INCORPORATION OF DOCUMENTS AND ORDER OF PRECEDENCE Each of the documents listed below is by this reference incorporated into this Contract. In the event of an inconsistency, the inconsistency will be resolved in the following order of precedence: Washington Association of 11 Mental Health Field Response Sheriffs and Police Chiefs 3.8.1 Applicable Federal and State of Washington statutes and regulations; 3.8.2 Recitals 3.8.3 Special Terms and Conditions; 3.8.4 General Terms and Conditions; 3.8.5 Schedule A: Statement of Work; 3.8.6 Schedule B: Approved Budget 3.8.7 Exhibit A: Project Narrative and Timeline 3.8.8 Exhibit B: Project Budget 3.8.9 Any other provision, term or material incorporated herein by reference or otherwise incorporated. 3.9 INSURANCE Contractor must provide insurance coverage as set out in this section. The intent of the required insurance is to protect the WASPC should there be any claims, suits, actions, costs, damages or expenses arising from any negligent or intentional act or omission of Contractor or Subcontractor, or agents of either, while performing under the terms of this Contract. Contractor must provide insurance coverage that is maintained in full force and effect during the term of this Contract, as follows: 3.9.1 Commercial General Liability Insurance Policy - Provide a Commercial General Liability Insurance Policy, including contractual liability, in adequate quantity to protect against legal liability arising out of contract activity but no less than $1 million per occurrence/$2 million general aggregate. Additionally, Contractor is responsible for ensuring that any Subcontractors provide adequate insurance coverage for the activities arising out of subcontracts. 3.9.2 Business Automobile Liability. In the event that services delivered pursuant to this Contract involve the use of vehicles, either owned, hired, or non-owned by the Contractor, automobile liability insurance is required covering the risks of bodily injury (including death) and property damage, including coverage for contractual liability. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. 3.9.3 Professional Liability Errors and Omissions— Provide a policy with coverage of not less than $1 million per claim/$2 million general aggregate. 3.9.4 The insurance required must be issued by an insurance company/ies authorized to do business within the state of Washington, and must name WASPC, its agents and Washington Association of 12 Mental Health Field Response Sheriffs and Police Chiefs employees as additional insured's under any Commercial General and/or Business Automobile Liability policy/ies. All policies must be primary to any other valid and collectable insurance. In the event of cancellation, non-renewal, revocation or other termination of any insurance coverage required by this Contract, Contractor must provide written notice of such to WASPC within one (1) Business Day of Contractor's receipt of such notice. Failure to buy and maintain the required insurance may, at WASPC's sole option, result in this Contract's termination. 3.9.5 Contractor shall submit to WASPC a certificate of insurance that outlines the coverage and limits defined in the Insurance section before any work is performed and will not receive any payment or reimbursement until such certificate of insurance is provided to WASPC. Contractor must submit renewal certificates as appropriate during the term of the contract. 3.9.6 The Receiving Party certifies that it is self-insured, is a member of a risk pool, or maintains the types and amounts of insurance identified above and will provide certificates of insurance to that effect to WASPC upon request. 4. GENERAL TERMS AND CONDITIONS 4.1 ACCESS TO DATA In compliance with RCW 39.26.180 (2), RCW 36.28A.450 and federal rules, the Contractor must provide access to any data generated under this Contract to WASPC, the Joint Legislative Audit and Review Committee, the State Auditor, and any other state or federal officials so authorized by law, rule, regulation, or agreement at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Contractor's reports, including computer models and methodology for those models. 4.2 ADVANCE PAYMENT PROHIBITED No advance payment will be made for services furnished by the Contractor pursuant to this Contract. 4.3 AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments will not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4.4 ASSIGNMENT 4.4.1 Contractor may not assign or transfer all or any portion of this Contract or any of its rights hereunder, or delegate any of its duties hereunder, except delegations as set forth in Section 4.37, Subcontracting, without the prior written consent of WASPC, Washington Association of 13 Mental Health Field Response Sheriffs and Police Chiefs which may be withheld at WASPC's sole discretion. Any permitted assignment will not operate to relieve Contractor of any of its duties and obligations hereunder, nor will such assignment affect any remedies available to WASPC that may arise from any breach of the provisions of this Contract or warranties made herein, including but not limited to, rights of setoff. Any attempted assignment, transfer or delegation in contravention of this Subsection 4.4.1 of the Contract will be null and void. 4.4.2 WASPC may assign this Contract to any public agency, commission, board, or the like, within the political boundaries of the State of Washington, with written notice of thirty (30) calendar days to Contractor. 4.4.3 This Contract will inure to the benefit of and be binding on the parties hereto and their permitted successors and assigns. 4.5 ATTORNEYS' FEES In the event of litigation or other action brought to enforce the terms of this Contract, each party agrees to bear its own attorneys' fees and costs. 4.6 AUDIT If Contractor is required by OMB Super Circular 2 CFR 200.501 and 45 CFR 75.501 to have an audit of their financial statements, the Contractor must submit the results of that audit to WASPC no later than 90 (ninety) calendar days after those results are delivered to the contractor by their auditor. 4.7 CHANGE IN STATUS In the event of any substantive change in its legal status, organizational structure, or fiscal reporting responsibility, Contractor will notify WASPC of the change. Contractor must provide notice as soon as practicable, but no later than thirty (30) calendar days after such a change takes effect. 4.8 CONFIDENTIAL INFORMATION PROTECTION 4.8.1 Contractor acknowledges that some of the material and information that may come into its possession or knowledge in connection with this Contract or its performance may consist of Confidential Information. Contractor agrees to hold Confidential Information in strictest confidence and not to make use of Confidential Information for any purpose other than the performance of this Contract, to release it only to authorized employees or Subcontractors requiring such information for the purposes of carrying out this Contract, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make the information known to any other party without WASPC's express written consent or as provided by law. Contractor agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to Confidential Information. Washington Association of 14 Mental Health Field Response Sheriffs and Police Chiefs 4.8.2 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. 4.8.3 WASPC reserves the right to monitor, audit, or investigate the use of Confidential Information collected, used, or acquired by Contractor through this Contract. Violation of this section by Contractor or its Subcontractors may result in termination of this Contract and demand for return of all Confidential Information, monetary damages, or penalties. 4.8.4 The obligations set forth in this section will survive completion, cancellation, expiration, suspension, or termination of this Contract. 4.9 CONTRACTOR'S PROPRIETARY INFORMATION Contractor acknowledges that WASPC complies with chapter 42.56 RCW, the Public Records Act relating to public projects, and that this Contract may be a public record as defined in chapter 42.56 RCW. Any specific information that is claimed by Contractor to be Proprietary Information must be clearly identified as such by Contractor. To the extent consistent with chapter 42.56 RCW, WASPC will maintain the confidentiality of Contractor's information in its possession that is marked Proprietary. If a public disclosure request is made to view Contractor's Proprietary Information, WASPC will notify Contractor of the request and of the date that such records will be released to the requester unless Contractor obtains a court order from a court of competent jurisdiction enjoining that disclosure. If Contractor fails to obtain the court order enjoining disclosure, WASPC will release the requested information on the date specified. 4.10 CONFORMANCE WITH 2 CFR 200 AND RELEVANT STATE AND LOCAL LAWS 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. 4.11 COVENANT AGAINST CONTINGENT FEES Contractor warrants that no person or selling agent has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Contractor for the purpose of securing business. WASPC will have the right, in the event of breach of this clause by the Contractor, to annul this Contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. Washington Association of 15 Mental Health Field Response Sheriffs and Police Chiefs 4.12 DEBARMENT By signing this Contract, Contractor 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). Contractor 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. Contractor must immediately notify WASPC if, during the term of this Contract, Contractor becomes debarred. WASPC may immediately terminate this Contract by providing Contractor written notice, if Contractor becomes debarred during the term hereof. 4.13 DISPUTES The parties will use their best, good faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve any dispute. When a genuine dispute arises between WASPC and the Contractor regarding the terms of this Contract or the responsibilities imposed herein and it cannot be resolved between the parties' Contract Managers, either party may initiate the following dispute resolution process. 4.13.1 The initiating party will reduce its description of the dispute to writing and deliver it to the responding party (email acceptable). The responding party will respond in writing within five (5) Business Days (email acceptable). If the initiating party is not satisfied with the response of the responding party, then the initiating party may request that the WASPC Director review the dispute. Any such request from the initiating party must be submitted in writing to the WASPC Director within five (5) Business Days after receiving the response of the responding party. The WASPC Director will have sole discretion in determining the procedural manner in which he or she will review the dispute. The WASPC Director will inform the parties in writing within five (5) Business Days of the procedural manner in which he or she will review the dispute, including a timeframe in which he or she will issue a written decision. 4.13.2 A party's request for a dispute resolution must: 4.13.2.1 Be in writing; 4.13.2.2 Include a written description of the dispute; 4.13.2.3 State the relative positions of the parties and the remedy sought; and 4.13.2.4 State the Contract Number and the names and contact information for the parties. 4.13.3 This dispute resolution process constitutes the sole administrative remedy available under this Contract. The parties agree that this resolution process will precede any action in a judicial or quasi-judicial tribunal. Washington Association of 16 Mental Health Field Response Sheriffs and Police Chiefs 4.14 ENTIRE AGREEMENT WASPC and Contractor agree that the Contract is the complete and exclusive statement of the agreement between the parties relating to the subject matter of the Contract and supersedes all letters of intent or prior contracts, oral or written, between the parties relating to the subject matter of the Contract, except as provided in Section 4.45 Warranties. 4.15 FORCE MAJEURE A party will not be liable for any failure of or delay in the performance of this Contract for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. 4.16 FUNDING WITHDRAWN, REDUCED OR LIMITED If WASPC determines in its sole discretion that the funds it relied upon to establish this Contract have been withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding after the effective date of this contract but prior to the normal completion of this Contract, then WASPC, at its sole discretion, may: 4.16.1 Terminate this Contract pursuant to the section titled: Termination for Non- Allocation of Funds; 4.16.2 Renegotiate the Contract under the revised funding conditions; or 4.16.3 Suspend Contractor's performance under the Contract upon five (5) Business Days' advance written notice to Contractor. WASPC will use this option only when WASPC determines that there is reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow Contractor's performance to be resumed prior to the normal completion date of this Contract. 4.16.3.1 During the period of suspension of performance, each party will inform the other of any conditions that may reasonably affect the potential for resumption of performance. 4.16.3.2 When WASPC determines in its sole discretion that the funding insufficiency is resolved, it will give Contractor written notice to resume performance. Upon the receipt of this notice, Contractor will provide written notice to WASPC informing WASPC whether it can resume performance and, if so, the date of resumption. For purposes of this subsection, "written notice" may include email. 4.16.3.3 If the Contractor's proposed resumption date is not acceptable to WASPC and an acceptable date cannot be negotiated, WASPC may terminate the contract by giving written notice to Contractor. The parties agree that the Contract will be terminated retroactive to the date of the notice of suspension. WASPC will be Washington Association of 17 Mental Health Field Response Sheriffs and Police Chiefs liable only for payment in accordance with the terms of this Contract for services rendered prior to the retroactive date of termination. 4.17 GOVERNING LAW This Contract is governed in all respects by the laws of the state of Washington, without reference to conflict of law principles. The jurisdiction for any action hereunder is exclusively in the Superior Court for the state of Washington, and the venue of any action hereunder is in the Superior Court for Thurston County, Washington. 4.18 HUMAN SUBJECTS PROTECTION 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. 4.19 WASPC NETWORK SECURITY Contractor agrees not to attach any Contractor-supplied computers, peripherals or software to the WASPC Network without prior written authorization from WASPC's Chief Information Officer. Unauthorized access to WASPC networks and systems is a violation of WASPC Policy and constitutes computer trespass in the first degree pursuant to RCW 9A.52.110. Violation of any of these laws or policies could result in termination of the contract and other penalties. Contractor will have access to the WASPC visitor Wi-Fi Internet connection while on site. 4.20 INDEMNIFICATION Contractor shall defend, indemnify, and save WASPC harmless from and against all claims, including reasonable attorneys' fees resulting from such claims arising from intentional or negligent acts or omissions of Contractor, its officers, employees, or agents, or Subcontractors, their officers, employees, or agents, in the performance of this Contract. This indemnification shall include, but not be limited to, any or all injuries to persons or damage to property, or Breach of confidentiality and notification obligations under Section 4.7 Confidential Information Protection and Section 4.8 Confidentiality Breach-Required Notification. WASPC shall defend, indemnify, and save Contractor harmless from and against all claims, including reasonable attorneys' fees resulting from such claims, for any or all injuries to persons or damage to property, or Breach of any confidentiality and notification obligations as provided in Section 4.7 of this Contract, arising from intentional or negligent acts or omissions of WASPC, its officers, employees, or agents, or Subcontractors, their officers, employees, or agents, in the performance of this Contract. Washington Association of 18 Mental Health Field Response Sheriffs and Police Chiefs For purposes of the indemnification provisions above, and limited to this section only, the parties waive their protections under RCW Title 51 for employee claims. This limited waiver was specifically negotiated and bargained for. 4.21 INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. Contractor and its employees or agents performing under this Contract are not employees or agents of WASPC. Contractor will not hold itself out as or claim to be an officer or employee of WASPC by reason hereof, nor will Contractor make any claim of right, privilege or benefit that would accrue to such employee under law. Conduct and control of the work will be solely with Contractor. 4.22 INDUSTRIAL INSURANCE COVERAGE Prior to performing work under this Contract, Contractor must provide or purchase industrial insurance coverage for the Contractor's employees, as may be required of an "employer" as defined in Title 51 RCW, and must maintain full compliance with Title 51 RCW during the course of this Contract. 4.23 LEGAL AND REGULATORY COMPLIANCE 4.23.1 During the term of this Contract, Contractor must comply with all local, state, and federal licensing, accreditation and registration requirements/standards, necessary for the performance of this Contract and all other applicable federal, state and local laws, rules, and regulations. 4.23.2 While on WASPC's premises, Contractor must comply with WASPC operations and process standards and policies (e.g., ethics, Internet/ email usage, data, network and building security, harassment, as applicable). 4.23.3 Failure to comply with any provisions of this section may result in Contract termination. 4.24 LIMITATION OF AUTHORITY Only the WASPC Authorized Representative has the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this Contract is not effective or binding unless made in writing and signed by the WASPC Authorized Representative. 4.25 NO THIRD-PARTY BENEFICIARIES WASPC and Contractor are the only parties to this contract. Nothing in this Contract gives or is intended to give any benefit of this Contract to any third parties. Washington Association of 19 Mental Health Field Response Sheriffs and Police Chiefs 4.26 NONDISCRIMINATION During the performance of this Contract, the Contractor must comply with all federal and state nondiscrimination laws, regulations and policies, including but not limited to: Title VII of the Civil Rights Act, 42 U.S.C. §12101 et seq.; the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §12101 et seq., 28 CFR Part 35; and Title 49.60 RCW, Washington Law Against Discrimination. In the event of Contractor's noncompliance or refusal to comply with any nondiscrimination law, regulation or policy, this Contract may be rescinded, canceled, or terminated in whole or in part under the Termination for Default sections, and Contractor may be declared ineligible for further contracts with WASPC. 4.27 NON-SUPPLANTING CERTIFICATION No Grant funds will be used to supplant existing state, local, or other non-federal funding already in place to support current services. Violation of the non-supplanting requirement can result in a range of penalties, including suspension of future funds under this grant, recoupment of monies provided under this grant, and civil and/or criminal penalties. 4.28 OVERPAYMENTS TO CONTRACTOR In the event that Overpayments or erroneous payments have been made to the Contractor under this Contract, WASPC will provide written notice to Contractor and Contractor will refund the full amount to WASPC within thirty (30) calendar days of the notice. If Contractor fails to make timely refund, WASPC may charge Contractor one percent (1%) per month on the amount due, until paid in full. If the Contractor disagrees with WASPC's actions under this section, then it may invoke the dispute resolution provisions of Section 4.13 Disputes. 4.29 PAY EQUITY 4.29.1 Contractor represents and warrants that, as required by Washington state law (Engrossed House Bill 1109, Sec. 211), during the term of this Contract, it agrees to equality among its workers by ensuring similarly employed individuals are compensated as equals. For purposes of this provision, employees are similarly employed if (i) the individuals work for Contractor, (ii) the performance of the job requires comparable skill, effort, and responsibility, and (iii) the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed. 4.29.2 Contractor may allow differentials in compensation for its workers based in good faith on any of the following: (i) a seniority system; (ii) a merit system; (iii) a system that measures earnings by quantity or quality of production; (iv) bona fide job- related factor(s); or (v) a bona fide regional difference in compensation levels. 4.29.3 Bona fide job-related factor(s)" may include, but not be limited to, education, training, or experience, that is: (i) consistent with business necessity; (ii) not based Washington Association of 20 Mental Health Field Response Sheriffs and Police Chiefs on or derived from a gender-based differential; and (iii) accounts for the entire differential. 4.29.4 A "bona fide regional difference in compensation level" must be (i) consistent with business necessity; (ii) not based on or derived from a gender-based differential; and (iii) account for the entire differential. 4.29.5 Notwithstanding any provision to the contrary, upon breach of warranty and Contractor's failure to provide satisfactory evidence of compliance within thirty (30) Days of WASPC's request for such evidence, WASPC may suspend or terminate this Contract. 4.30 PUBLICITY 4.30.1 The award of this Contract to Contractor is not in any way an endorsement of Contractor or Contractor's Services by WASPC and must not be so construed by Contractor in any advertising or other publicity materials. 4.30.2 Contractor agrees to submit to WASPC, all advertising, sales promotion, and other publicity materials relating to this Contract or any Service furnished by Contractor in which WASPC's name is mentioned, language is used, or Internet links are provided from which the connection of WASPC's name with Contractor's Services may, in WASPC's judgment, be inferred or implied. Contractor further agrees not to publish or use such advertising, marketing, sales promotion materials, publicity or the like through print, voice, the Web, and other communication media in existence or hereinafter developed without the express written consent of WASPC prior to such use. 4.31 RECORDS AND DOCUMENTS REVIEW 4.31.1 The Contractor must maintain books, records, documents, magnetic media, receipts, invoices or other evidence relating to this Contract 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 Contract. At no additional cost, these records, including materials generated under this Contract, 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]. 4.31.2 The Contractor must retain such records for a period of six (6) years after the date of final payment under this Contract. Washington Association of 21 Mental Health Field Response Sheriffs and Police Chiefs 4.31.3 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. 4.32 REMEDIES NON-EXCLUSIVE The remedies provided in this Contract are not exclusive, but are in addition to all other remedies available under law. 4.33 RIGHT OF INSPECTION The Contractor must provide right of access to its facilities to WASPC, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Contract. 4.34 RIGHTS IN DATA/OWNERSHIP 4.34.1 WASPC and Contractor agree that all data and work products (collectively "Work Product") produced pursuant to this Contract and received by WASPC will be considered a work for hire under the U.S. Copyright Act, 17 U.S.C. §101 et seq, and will be owned by WASPC. Contractor is hereby commissioned to create the Work Product. Work Product includes, but is not limited to, discoveries, formulae, ideas, improvements, inventions, methods, models, processes, techniques, findings, conclusions, recommendations, reports, designs, plans, diagrams, drawings, Software, databases, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions, to the extent provided by law. Ownership includes the right to copyright, patent, register and the ability to transfer these rights and all information used to formulate such Work Product. 4.34.2 If for any reason the Work Product would not be considered a work for hire under applicable law, Contractor assigns and transfers to WASPC, the entire right, title and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 4.34.3 Contractor will execute all documents and perform such other proper acts as WASPC may deem necessary to secure for WASPC the rights pursuant to this section. 4.34.4 Contractor will not use or in any manner disseminate any Work Product to any third party, or represent in any way Contractor ownership of any Work Product, without the prior written permission of WASPC. Contractor will take all reasonable steps necessary to ensure that its agents, employees, or Subcontractors will not copy or disclose, transmit or perform any Work Product or any portion thereof, in any form, to any third party. Washington Association of 22 Mental Health Field Response Sheriffs and Police Chiefs 4.34.5 Material that is delivered under this Contract, but that does not originate therefrom ("Preexisting Material"), must be transferred to WASPC with a nonexclusive, royalty- free, irrevocable license to publish, translate, reproduce, deliver, perform, display, and dispose of such Preexisting Material, and to authorize others to do so. Contractor agrees to obtain, at its own expense, express written consent of the copyright holder for the inclusion of Preexisting Material. WASPC will have the right to modify or remove any restrictive markings placed upon the Preexisting Material by Contractor. 4.34.6 Contractor must identify all Preexisting Material when it is delivered under this Contract and must advise WASPC of any and all known or potential infringements of publicity, privacy or of intellectual property affecting any Preexisting Material at the time of delivery of such Preexisting Material. Contractor must provide WASPC with prompt written notice of each notice or claim of copyright infringement or infringement of other intellectual property right worldwide received by Contractor with respect to any Preexisting Material delivered under this Contract. 4.35 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 Contract; (iii) the copyright in any work developed under this Contract; and (iv) any rights of copyright to which Contractor purchases ownership under this Contract. 4.36 SERVICES TO PERSONS WITH LIMITED ENGLISH PROFICIENCY 4.36.1 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.lep.gov. Washington Association of 23 Mental Health Field Response Sheriffs and Police Chiefs 4.37 SEVERABILITY If any provision of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity will not affect the other provisions or applications of this Contract that can be given effect without the invalid provision, and to this end the provisions or application of this Contract are declared severable. 4.38 SITE SECURITY While on WASPC premises, Contractor, its agents, employees, or Subcontractors must conform in all respects with physical, fire or other security policies or regulations. Failure to comply with these regulations may be grounds for revoking or suspending security access to these facilities. WASPC reserves the right and authority to immediately revoke security access to Contractor staff for any real or threatened breach of this provision. Upon reassignment or termination of any Contractor staff, Contractor agrees to promptly notify WASPC. 4.39 SUBCONTRACTING 4.39.1 Neither Contractor, nor any Subcontractors, may enter into subcontracts for any of the work contemplated under this Contract without prior written approval of WASPC. WASPC has sole discretion to determine whether or not to approve any such subcontract. In no event will the existence of the subcontract operate to release or reduce the liability of Contractor to WASPC for any breach in the performance of Contractor's duties. 4.39.2 Contractor agrees that any proposed subcontracts must be provided to WASPC for review no later than 10 (ten) business days before such a subcontract's effective date. 4.39.3 Contractor is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this Contract are included in any subcontracts. 4.39.4 If at any time during the progress of the work WASPC determines in its sole judgment that any Subcontractor is incompetent or undesirable, WASPC will notify Contractor, and Contractor must take immediate steps to terminate the Subcontractor's involvement in the work. 4.39.5 The rejection or approval by WASPC of any Subcontractor or the termination of a Subcontractor will not relieve Contractor of any of its responsibilities under the Contract, nor be the basis for additional charges to WASPC. 4.39.6 WASPC has no contractual obligations to any Subcontractor or vendor under contract to the Contractor. Contractor is fully responsible for all contractual obligations, financial or otherwise, to its Subcontractors. Washington Association of 24 Mental Health Field Response Sheriffs and Police Chiefs 4.40 SURVIVAL The terms and conditions contained in this Contract that, by their sense and context, are intended to survive the completion, cancellation, termination, or expiration of the Contract will survive. The right of WASPC to recover any Overpayments will also survive the termination of this Contract. 4.42 CORRECTIVE ACTION PLAN/SUSPENSION/TERMINATION 4.42.1 CORRECTIVE ACTION PLAN In the event that WASPC determines that the Contractor has failed or is reasonably likely to fail to comply with any term(s) or condition(s) of this Contract (to include any and all attachments, references, appendices, or other documents included or referenced herein), then WASPC will immediately take steps to mitigate any harmful effects of such failure(s), and promptly prepare a Corrective Action Plan (CAP) with respect to such failure(s) and outline the steps WASPC believes to be necessary to remedy such failure(s). In the event that the contractor is unable to complete the CAP, WASPC reserves it's right to proceed with Termination or Suspension as outlined in Section 4.40 of the General Terms of this Contract. 4.42.2 SUSPENSION If WASPC reasonably determines that the Contractor has failed or is reasonably likely to fail to comply with any term(s) or condition(s) of this Contract (to include any and all attachments, references, appendices, or other documents included or referenced herein), WASPC reserves the right to issue a Notice of Suspension to the Contractor. A Notice of Suspension acts to suspend this contract in its entirety, including suspending payment for future services provided by Contractor. In the event a notice of suspension is issued, WAPSC agrees to pay Contractor for all services provided under this Contract prior to the issuance of the Notice of Suspension. WASPC reserves the right to reinstate a contract at its discretion by issuing a Notice of Reinstatement, or to move forward with Termination as outlined in Section 4.40 of the General Terms of this agreement. 4.42.3 TERMINATION FOR DEFAULT In the event WASPC determines that Contractor has failed to comply with the terms and conditions of a corrective action plan or the terms of this Contract, WASPC has the right to suspend or terminate this Contract. WASPC will notify Contractor in writing of the need to take corrective action. If corrective action is not taken within five (5) Business Days, or other time period agreed to in writing by both parties, the Contract may be terminated. WASPC reserves the right to Washington Association of 25 Mental Health Field Response Sheriffs and Police Chiefs suspend all or part of the Contract, withhold further payments, or prohibit Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by Contractor or a decision by WASPC to terminate the Contract. In the event of termination for default, Contractor will be liable for damages as authorized by law including, but not limited to, any cost difference between the original Contract and the replacement or cover Contract and all administrative costs directly related to the replacement Contract, e.g., cost of the competitive bidding, mailing, advertising, and staff time. If it is determined that Contractor: (i) was not in default, or (ii) its failure to perform was outside of its control, fault or negligence, the termination will be deemed a "Termination for Convenience." 4.42.4 TERMINATION FOR CONVENIENCE When, at the reasonable discretion of either WASPC or Contractor, it is in either party's best interest, both WASPC and Contractor may terminate this Contract in whole or in part by providing ten (10) calendar days' written notice to the other party. If this Contract is so terminated, each party will be liable only for payment in accordance with the terms of this Contract for service rendered prior to the effective date of termination. No penalty shall accrue to either WASPC or Contractor in the event the termination option in this section is exercised. 4.42.5 TERMINATION FOR NONALLOCATION OF FUNDS If funds are not allocated to continue this Contract in any future period, WASPC may immediately terminate this Contract by providing written notice to the Contractor. The termination will be effective on the date specified in the termination notice. WASPC will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination. WASPC agrees to notify Contractor of such nonallocation at the earliest possible time. No penalty will accrue to WASPC in the event the termination option in this section is exercised. 4.42.6 TERMINATION FOR WITHDRAWAL OF AUTHORITY In the event that the authority of WASPC to perform any of its duties is withdrawn, reduced, or limited in any way after the commencement of this Contract and prior to normal completion, WASPC may immediately terminate this Contract by providing written notice to the Contractor. The termination will be effective on the date specified in the termination notice. WASPC will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination. WASPC agrees to notify Contractor of such Washington Association of 26 Mental Health Field Response Sheriffs and Police Chiefs EXHIBIT A Project Narrative and Project Timeline (As Attached) Washington Association of 33 Mental Health Field Response Sheriffs and Police Chiefs EXHIBIT B Project Budget (As Attached) Washington Association of 34 Mental Health Field Response Sheriffs and Police Chiefs JEFFERSON COUNTY SHERIFF'S OFFICE RESONSE TO THE MENTAL HEALTH FIELD RESPONSE TEAM GRANT 2022-2023 .., ,ram � f fleV 4 JEFFERSON COUNTY ;1'4' WA Integrity — Services — Courage — Community Sheriff Joe Nole jnole@co.jefferson.wa.us 1 Exhibit A Project Description The Jefferson County Sheriff's Office (JCSO) is requesting $108,994.25 from the Washington Association of Sheriffs and Police Chiefs to fund one embedded mental health professional (Navigator). The JCSO Navigator will work in partnership with the PTPD Navigator and other community partners to fulfill several duties that include: - Responding in person to calls for service with deputies to address behavioral health related issues and assist with de-escalation - Assisting deputy in determining whether detaining and transporting an individual for evaluation under RCW 71.05/71.34 is warranted; - Communicating with mental health and medical professionals when an individual is brought into the hospital for evaluation - When appropriate, recommend diversion alternatives to arrest; - Providing appropriate referrals to community members seeking services; - Conducting outreach to high risk or vulnerable populations (ie, individuals experiencing homelessness, severely and chronically mentally ill, older adults) with deputies, staff from other agencies, and PTPD Navigator; - Coordinating with social support agencies to encourage treatment and services retention for high service utilizers; - Informing community members expressing concerns about individuals with behavioral health issues; - Coordinating with the Jefferson County Prosecutor's Office and Jefferson Associated Council to help facilitate alternatives to incarceration; - Developing training opportunities for Sheriffs Department staff regarding de-escalation best practices. Purpose and Population Served The JCSO Navigator is uniquely positioned to expand and work with the PTPD Navigator to better assist individuals needing services. • The JCSO Navigator will accomplish three tasks 2 Exhibit A 1- Assisting individuals needing services 2- Supporting JCSO Deputies and staff 3- Collaborating with the PTPD Navigator Experiences The following experiences come directly from the PTPD Navigator and reflect the needs of Jefferson County - Adults aged 65 and older are a group that is generally underserved and is a broad cross section of Jefferson County's population at 37.9% of the total population. Older adults are often a complex population as many have comorbid conditions including neurocognitive at and dysfunction. Additionally, risk of suicide is higher in older adults. According to the World Health Organization, adults 7 and older have the highest rates of suicide deaths in most regions of the world Thus approaching these cases in the field requires the ability to assess multiple domains (ie, psychological, physical, living conditions, isolation, risk of harm to self, grave disability) in a short period of time. The JCSO Navigator has responded with law enforcement to multiple calls regarding the welfare of older adults, assisting them and their families or friends to determine options to ensure their safety and welfare. - Individuals experiencing a psychotic episode, whether substance induced or organic, are another challenging population. These individuals can become unpredictable and non-compliant, placing increased rick on the safety of the individual, law enforcement, and community members. JCSO uses the navigator to supplement its ability to respond and deescalate incidents. Thanks for the prior WASPC MHFRT grants JCSO has had a mental health navigator since March of 2021. In that time the JCSO Navigator has made over 200 field contacts and offered services to a majority of those individuals. The WASPC grant has shown that it reduces the demand and time required from JCSO staff to address extraordinarily complex behavioral health issues. The JCSO 3 Exhibit A Navigator is able to quickly refer individuals in need of service, minimizing the communication gap between law enforcement and social service agencies. In cases where the individual requires basic human needs, such as food or shelter, the JCSO Navigator can take the time to coordinate with agencies and other social support systems to provide these needs, which is often a time intensive task. Below are the goals that JCSO has already achieved with their navigator program. To what extent have your goals been accomplished? 1) Navigator has been embedded with JCSO at this time. 2) The JCSO Navigator is/has collaborated with the PTPD Navigator several times and will continue to look for new opportunities to work together. 3) The JCSO Navigator is able to triage individuals while in the field, expediting the process in which individuals can/will receive services. The JCSO Navigator is also able to take time post incident to follow up with individuals to ensure they engage with the proper services. 4) The JCSO Navigator has worked with the JCSO thru presentations and in the field, using. current incidents as a means to teach/train deputies about triaging, follow up and connecting individuals to the right services. 5) The JCSO Navigator has been able to head off possible issues by reaching out to known mental health subjects to offer them treatment before they become issues for LE. Annual Statistics from July 2021 through January 2022 1 . How many individuals were reached through your grant program? a. Total Number - 119 4 Exhibit A MHFRT grant 2022-2023 Project timeline May 26th 2022 grant proposal deadline June 15t, 2nd or 9th presentation to peer review panel July 1st 2022 awarded new grant for 12 months July 10th 2022 monthly report due August 10th 2022 monthly report due September 10th2022 monthly report due October 10th 2022 monthly report due November 10th 2022 monthly report due December 10th 2022 monthly report due January 10th 2023 semiannual report due January 10th 2023 monthly report due February 10th2023 monthly report due March 10th, 2023 monthly report due April 10th, 2023 monthly report due May 10th, 2023 monthly report due June 10th 2023 monthly report due June 10th 2023 annual report due Exhibit A on 0 0 O n 3 a) x U H Ltl H 0 %- L i+ t0 co C E a) O 4- .0 4-' C C v O L z O 22 ((Ea L t Q m a, E coo C L. rty L. fC a) C +' 4-' U a) u CID -0 4 /� -0 C W C n' co to a) ( • > o a C CO (0 -0 0 o # a 0 40 E.'a 0 0 13 a' t .= •"' E vIICO • >- C L. 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'` \ ra v a C N in O a ID a sa 7 a) N U N CO U a "' o aJ to >.'� O 820 n_ C a •- u 3 L a) H co a)a o 0 n. in 76 , O Id1 t11 _ (0 C- CON NI a) - N 4 vi > 3 rn a 3N m Ql a' ` m o 0 o cuo o A 0 c aJ v -a a, a Ut N m cr cu o o I c 3 c 3 v, o v, 0 -O L atei E C a O Q 4 a) a) ...0 4-, o d.-i 4-' 4- Z. a O a ✓ s -0 S 'O C _ r0 0 al L 0 a E aa Oal N v 'CI 7 N al -0 J U a) +-, O a1 > O a0 .- (0 a)4-, 4, a7 > O O U h OS Co F- O O_ a 4., ro W a '>E 61 O bD C ® aCr av+ a 0J ea ;4 I- to COIA 0 O W.U H E a > C �. is s v ni a) Z o c 1 Z io v, (0 0 4-, U o o a1 a 3 `' a m 0 O C > Q C J O C a1 'C 0 7 0 Q N a) a a F- w cn U O O o p a) 3 L Q m U ci u.i L, 6 , F- -+ H i 0 aco E o el E v 7 Cr CO 4-. 2 ha- it u 3 O J co "O JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley, County Administrator FROM: Andy Pernsteiner, Undersheriff JCSO DATE: July 25, 2022 SUBJECT: Mental Health Navigator Grant from WASPC STATEMENT OF ISSUE: The Jefferson County Sheriff's Office (JCSO) has received a grant from WASPC to continue the Mental Health Navigator Program. ANALYSIS: JCSO has had a Mental Health Navigator on board since March of 2021 and would like to continue the program as it has shown to be a valuable asset to our community. This grant would cover the wages and benefits for the employees. JCSO would pay for any training tuition, vehicle expenses and office expenses incurred from our current budget. FISCAL IMPACT: JCSO will receive a grant in the amount of$108,994.25 to reimburse for expenses for one JCSO navigator and one Mental Health Professional at 51%. RECOMMENDATION: Approve the grant to continue the Navigator position with JCSO. WASPC requests that this grant be returned to them with signatures by the end of July. REVTFW1'n uv. (/ 7/i/2z Mark McCauley, County Administrator Date CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: WASPC Contract No: JCSOMH1 Contract For: Mental Health Navigator Term: 12 months COUNTY DEPARTMENT: Jefferson County Sheriffs Office Contact Person: Andy Pernsteiner Contact Phone: (360)344-9760 Contact email: apernsteiner@co.jefferson.wa.us AMOUNT: $108,994.25 PROCESS: — V Exempt from Bid Process Revenue: $108,994.25 Cooperative Purchase Expenditure: Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s)of Matching Funds Vendor List Bid Fund # RFP or RFQ Munis Org/Obj SH52122/410155 Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIA JC . 5.080 AND CHAPTER 42.23 RCW. CERTIFIED: ■❑ N/A:© 7 Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEB READ BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: El N/A: Ei '�yZ Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 7/14/2022. Standard WASPC contract. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 7/21/2022. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1