HomeMy WebLinkAboutGateway to Freedom and EJFR CARES 615 Sheridan Street
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Consent Agenda
Public Healt
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Apple Martine, Director
Anna McEnery, DD & BH Coordinator
DATE:
SUBJECT: Agenda Item —Professional Services Agreement with Gateway to Freedom
and East Jefferson Fire & Rescue, (EJFR); Fire CARES, (Community
Assistance, Referral, and Education Services) for Jefferson County;
January 1, 2023 — December 31, 2024; $100,000, ($50,000 in 2023 and
$50,000 in 2024)
STATEMENT OF ISSUE:
Jefferson County Public Health, (JCPH), is requesting Board approval of the Professional Services Agreement
with Gateway to Freedom and East Jefferson Fire & Rescue, (EJFR); to provide Fire CARES, (Community
Assistance, Referral, and Education Services) for Jefferson County; January 1, 2023 — December 31, 2024;
$100,000, ($50,000 in 2023 and $50,000 in 2024).
ANALYSIS/STRATEGIC GOALS/PRO'S and CONS:
This Professional Services Agreement between JCPH, Gateway to Freedom and East Jefferson Fire & Rescue,
(EJFR); to provide Fire CARES, (Community Assistance, Referral, and Education Services) for Jefferson County;
to reduce the incidents and severity of substance use and/or mental health disorders, while improving the
health status and well-being of Jefferson County Residents.
A multidisciplinary team; will include: A Firefighter/EMT trained in crisis intervention, a Social Worker and
Substance Use Disorder professional. The team will be dispatched by both fire and police; to respond to the
behavioral health needs within Jefferson County. The CARES team would help navigate the connection of
services for community members; that relate to ongoing medical issues, substance use disorders, mental
health concerns, and home safety. Fire CARES can reduce the impact of non-emergent 911 calls.
Community Health Environmental Public Health
Developmental Disabilities 360-385-9444
360-385-9400 (f) 360-379-4487
360-385-9401 (f) Always working for a safer and healthier community
AD-23-013
FISCAL IMPACT/COST BENEFIT ANALYSIS:
This is County sales tax revenue, which is deposited into the 131 Fund; (1/10 of 1% Fund). The BoCC
allocates it, with input from the Behavioral Health Advisory Committee. The agreement states that funding is
subject to availability and if the County sales tax revenue decreases, the Vendor will be contacted and the
contract may be renegotiated.
This Professional Services Agreement resulted from an RFP process; services and funding have been
recommended to the BoCC by the Behavioral Health Advisory Committee.
RECOMMENDATION:
Jefferson County Public Health, (JCPH), requests approval of the Professional Services Agreement with Gateway
to Freedom and East Jefferson Fire & Rescue, (EJFR); to provide Fire CARES (Community Assistance, Referral,
and Education Services) for Jefferson County; January 1, 2023 — December 31, 2024; $100,000, ($50,000 in
2023 and $50,000 in 2024).
REVIEWED BY:
Sr
Mark McCauley, Co ty Administrator ate kz
Community Health Environmental Public Health
Developmental Disabilities 360-385-9444
360-385-9400 (f)360-379-4487
360-385-9401 (f) Always working for a safer and healthier community
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Gateway to Freedom & EJFR Contract No: AD-23-013
Contract For: Fire CARES Term: January 1,2023 to December 31,2024
COUNTY DEPARTMENT: Public Health
Contact Person: Anna Mc Enery
Contact Phone: 360-385-9410
Contact email: amcenery@co.jefferson.wa.us
AMOUNT: $50,000 in 2023 & $50,000 in 2024 PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
Fund# #131 RFP or RFQ
Munis Org/Obj 13156400 Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES CO Pa NCE C 3. 5.080 AND CHAPTER 42.23 RCW.
CERTIFIED: F N/A:® April 4, 2023
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BE DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: F N/A: ® April 4. 2023
Signafu Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 4/18/2023.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 4/17/2023.
Approved as to form on 4/17/23
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
PROFESSIONAL SERVICES AGREEMENT
Between
Jefferson County
And
Gateway to Freedom and East Jefferson Fire& Rescue
For
Fire CARES
THIS PROFESIONAL SERVICES AGREEMENT("this Agreement") is entered into between
the County of Jefferson, a municipal corporation("the County"), and Gateway to Freedom and
East Jefferson, Fire &Rescue, (EJFR) ("the Contractor"), in consideration of the mutual
benefits,terms,and conditions specified below.
Project Designation. The Contractor is retained by the County to perform the following
Project: to provide Fire CARES, (Community Assistance, Referral, and Education
Services);to reduce the incidents and severity of substance use and/or mental health
disorders,while improving the health status and well-being of Jefferson County Residents.
(The CARES model prioritizes serving the community as a whole, from serving youth to
seniors.)
1. Scope of Services. Contractor agrees to perform the services identified on Exhibit "A"
attached hereto including the provision of all labor.
2. Time for Performance. This Agreement shall commence on January 1, 2023 and
continue through December 31, 2024. Work performed consistent with this Agreement
during its term,put prior to the adoption of this Agreement, is hereby ratified. The
Contractor shall perform all services pursuant to this Agreement as outlined in Exhibit
"A". Time is of the essence in the performance of this Agreement.
3. Payment. The Contractor shall be paid by the County for completed work and for
services rendered under this Agreement as follows:
a. Payment for the work provided by Contractor shall be made on an hourly basis at
the rate as defined in Exhibit"B", attached hereto, provided that the total amount
of payment to the Contractor shall not exceed $100,000; of County 1/loth of 1%
Funding/(Fund 131); (or$50,000 in 2023 and $50,000 in 2024)without express
written modification of the Agreement signed by the County. The Contractor
shall adhere to the budget amounts pursuant to this Agreement as outlined in
Exhibit`B".
b. Use of the 1/10''of 1%Behavioral Health Sales Tax Funds by Contractor must
meet the requirements of Attachment A, which is included in this contract as
Exhibit D. Contractor must comply with all requirements of Attachment A
(Exhibit D), as outlined therein, including but not limited to compliance with all
state and federal laws and regulations relating to match, and must provide to the
County documentation verifying how it has met its responsibilities under
Attachment A(Exhibit D).
Professional Services Agreement/Fire CARES-2023/2024 Page I of 22
AD-23-013
c. Invoices must be submitted by the IOth of the month for the previous month's
expenses. Such invoices will be checked by the County, and upon approval
thereof,payment will be made to the Contractor in the amount approved. Failure
to submit timely invoices and reports pursuant to Exhibit"A"of the Agreement
may result in a denial of reimbursement. Invoices not submitted within 60 days
may be denied.
d. Final payment of any balance due the Contractor, of the total contract price
earned,will be made promptly upon its ascertainment and verification by the
County after the completion of the work and submittal of reports under this
Agreement and its acceptance by the County.
e. Contractor shall provide invoices and necessary backup documentation for all
services including timesheets and statements (specifying the services provided).
Any indirect charges require the submittal of an indirect cost methodology and
rate using 2 C.F.R. Part 255 and 2 C.F.R. Part 230.
f. The Contractor's records and accounts pertaining to this Agreement are to be
kept available for inspection by representatives of the County and state for a
period of six(6)years after final payments. Copies shall be made available upon
request.
4. Ownership and Use of Documents. All non-confidential or de-identified documents,
drawings, specifications, and other materials produced by the Contractor in connection
with the services rendered under this Agreement which demonstrate compliance with
Exhibit D shall be the property of the County whether the project for which they are
made is executed or not. The Contractor shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information,reference and use in
connection with Contractor's endeavors.
Contractor shall not be held liable for reuse of documents or modifications thereof,
including electronic data, by County or its representatives for any purpose other than the
intent of this Agreement.
5. Compliance with laws. Contractor shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this
Agreement.
6. Audit. An audit will be submitted to the County upon request. Upon request,
Contractor will submit the most recent financial audit within 30 days.
a. Upon request the County shall have the option of performing an onsite review of
all records, statements, and documentation.
b. If the County finds indications of potential non-compliance during the
monitoring process,the County shall notify Contractor within ten(10)days.
Professional Services Agreement/Fire CARES-2023-2024 Page 2 of 22
County and Contractor shall meet to discuss areas of contention in an attempt to
resolve issues.
c. Audit will provide statements consistent with the guidelines of Reporting for
Other Non-Profit Organizations AICPA SOP 78-10, and is performed in
accordance with generally accepted auditing standards and with Federal
Standards for Audit of Governmental Organizations, Programs,Activities and
Functions, and meeting all requirements of 2 C.F.R. Part 200, as applicable.
7. Indemnification. The Contractor shall defend, indemnify and hold the County, its
officers, officials, employees, agents and volunteers(and their marital communities)
harmless from any claims, injuries, damages, losses or suits, including attorney's fees,
arising out of or resulting from the acts, errors or omissions of the Contractor in
performance of this Agreement, except for injuries and damages caused by the
negligence of the County. Should a court of competent jurisdiction determine this
Agreement is subject to RCW 4.24.115 if liability for damages occurs arising out of
bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Contractor and the County, its officers, officials,
employees, agents and volunteers(and their marital communities)the Contractor's
liability, including the duty and cost to defend, shall be only for the Contractor's
negligence. It is further specifically understood that the indemnification provided
constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51
RCW, solely for the purposes of this indemnification. This waiver has been mutually
negotiated by the parties. This section shall survive the expiration or termination of this
Agreement.
8. Insurance. Prior to commencing work,the Contractor shall obtain at its own cost and
expense the following insurance coverage specified below and shall keep such coverage
in force during the terms of the Agreement.
a. Commercial Automobile Liability Insurance providing bodily injury and
property damage liability coverage for all owned and non-owned vehicles
assigned to or used in the performance of the work for a combined single limit of
not less than$500,000 each occurrence with the County named as an additional
insured in connection with the Contractor's performance of this Agreement.
This insurance shall indicate on the certificate of insurance the following
coverage: (a) Owned automobiles; (b)Hired automobiles; and, (3)Non-owned
automobiles.
b. Commercial General Liability Insurance in an amount not less than a single limit
of one million dollars ($1,000,000)per occurrence and an aggregate of not less
than two (2)times the occurrence amount($2,000,000.00 minimum)for bodily
injury, including death and property damage,unless a greater amount is specified
in the contract specifications. The insurance coverage shall contain no limitations
on the scope of the protection provided and include the following minimum
coverage:
i. Broad Form Property Damage,with no employee exclusion;
ii. Personal Injury Liability, including extended bodily injury;
Professional Services Agreement/Fire CARES-2023-2024 Page 3 of22
iii. Broad Form Contractual/Commercial Liability— including coverage for
products and completed operations;
iv. Premises—Operations Liability(M&C);
v. Independent Contractors and subcontractors;
vi. Blanket Contractual Liability.
c. Professional Liability Insurance. The Contractor shall maintain professional
liability insurance against legal liability arising out of activity related to the
performance of this Agreement,on a form acceptable to Jefferson County Risk
Management in the amounts of not less than$1,000,000 Each Claim and
$2,000,000 Aggregate. The professional liability insurance policy should be on
an"occurrence" form. If the professional liability policy is"claims made,"then
an extended reporting periods coverage (tail coverage) shall be purchased for
three (3) years after the end of this Agreement, at the Contractor's sole expense.
The Contractor agrees the Contractor's insurance obligation to provide
professional liability insurance shall survive the completion or termination of
this Agreement for a minimum period of three(3)years.
d. The County shall be named as an"additional named insured"under all insurance
policies required by this Agreement, except Professional Liability Insurance
when not allowed by the insurer.
e. Such insurance coverage shall be evidenced by one of the following methods: (a)
Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of
Credit from a qualified financial institution.
f. The Contractor shall furnish the County with properly executed certificates of
insurance that, at a minimum, shall include: (a) The limits of overage; (b)The
project name to which it applies; (c) The certificate holder as Jefferson County,
Washington and its elected officials, officers, and employees with the address of
Jefferson County Public Health 615 Sheridan Street, Port Townsend, WA 98368,
and, (d)A statement that the insurance policy shall not be canceled or allowed to
expire except on thirty (30) days prior written notice to the County.
If the proof of insurance or certificate indicating the County is an"additional
insured"to a policy obtained by the Contractor refers to an endorsement(by
number or name)but does not provide the full text of that endorsement,then it
shall be the obligation of the Contractor to obtain the full text of that
endorsement and forward that full text to the County. Certificates of coverage as
required by this section shall be delivered to the County within fifteen(15)days
of execution of this Agreement.
g. Failure of the Contractor to take out or maintain any required insurance shall not
relieve the Contractor from any liability under the Agreement,nor shall the
insurance requirements be construed to conflict with or otherwise limit the
obligations concerning indemnification of the County.
h. The Contractor's insurers shall have no right of recovery or subrogation against
the County(including its employees and other agents and agencies), it being the
intention of the parties that the insurance policies, with the exception of
Professional Services Agreement)Fire CARES-2023-2024 Page 4 of 22
Professional Liability Insurance, so affected shall protect both parties and be
primary coverage for all losses covered by the above described insurance.
i. Insurance companies issuing the policy or policies shall have no recourse against
the County(including its employees and other agents and agencies)for payment
of any premiums or for assessments under any form of policy.
j. All deductibles in the above described insurance policies shall be assumed by
and be at the sole risk of the Contractor.
k. Any deductibles or self-insured retention shall be declared to and approved by
the County prior to the approval of this Agreement by the County. At the option
of the County,the insurer shall reduce or eliminate deductibles or self-insured
retention, or the Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
1. Insurance companies issuing the Contractor's insurance policy or policies shall
have no recourse against the County(including its employees and other agents
and agencies) for payment of any premiums or for assessments under any form
of insurance policy.
m. Any judgments for which the County may be liable, in excess of insured
amounts required by this Agreement, or any portion thereof, may be withheld
from payment due, or to become due,to the Contractor until the Contractor shall
furnish additional security covering such judgment as may be determined by the
County.
n. Any coverage for third party liability claims provided to the County by a"Risk
Pool"created pursuant to Ch. 48.62 RCW shall be non-contributory with respect
to any policy of insurance the Contractor must provide in order to comply with
this Agreement.
o. The County may,upon the Contractor's failure to comply with all provisions of
this Agreement relating to insurance, withhold payment or compensation that
would otherwise be due to the Contractor.
p. The Contractor's liability insurance provisions shall be primary and
noncontributory with respect to any insurance or self-insurance programs
covering the County, its elected and appointed officers, officials,employees, and
agents.
q. Any failure to comply with reporting provisions of the insurance policies shall
not affect coverage provided to the County, its officers, officials, employees,or
agents.
r. The Contractor's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
s. The Contractor shall include all subcontractors as insured under its insurance
policies or shall furnish separate certificates and endorsements for each
Professional Services Agreement/Fire CARES-2023-2024 Page 5 of22
subcontractor. All insurance provisions for subcontractors shall be subject to all
the requirements stated herein.
t. The insurance limits mandated for any insurance coverage required by this
Agreement are not intended to be an indication of exposure nor are they
limitations on indemnification.
u. The Contractor shall maintain all required insurance policies in force from the
time services commence until services are completed. Certificates, insurance
policies, and endorsements expiring before completion of services shall be
promptly replaced. All the insurance policies required by this Agreement shall
provide that thirty(30)days prior to cancellation, suspension,reduction or
material change in the policy,notice of same shall be given to the Jefferson
County Public Health Contracts Manager by registered mail, return receipt
requested.
v. The Contractor shall place insurance with insurers licensed to do business in the
State of Washington and having A.M. Best Company ratings of no less than A-,
with the exception that excess and umbrella coverage used to meet the
requirements for limits of liability or gaps in coverage need not be placed with
insurers or re-insurers licensed in the State of Washington.
w. The County reserves the right to request additional insurance on an individual
basis for extra hazardous contracts and specific service agreements.
9. Worker's Compensation Industrial Insurance).
a. If and only if the Contractor employs any person(s)in the status of employee or
employees separate from or in addition to any equity owners, sole proprietor,
partners, owners or shareholders of the Contractor,the Contractor shall maintain
workers' compensation insurance at its own expense, as required by Title 51
RCW, for the term of this Agreement and shall provide evidence of coverage to
Jefferson County Public Health, upon request.
b. Worker's compensation insurance covering all employees with limits meeting all
applicable state and federal laws. This coverage shall include Employer's
Liability with limits meeting all applicable state and federal laws.
c. This coverage shall extend to any subcontractor that does not have their own
worker's compensation and employer's liability insurance.
d. The Contractor expressly waives by mutual negotiation all immunity and
limitations on liability,with respect to the County, under any industrial insurance
act, disability benefit act,or other employee benefit act of any jurisdiction which
would otherwise be applicable in the case of such claim.
e. If the County incurs any costs to enforce the provisions of this subsection, all
cost and fees shall be recoverable from the Contractor.
Professional Services Agreement/Fire CARES-2023-2024 Page 6 of22
10. Independent Contractor. The Contractor and the County agree that the Contractor is an
independent contractor with respect to the services provided pursuant to this Agreement.
The Contractor specifically has the right to direct and control Contractor's own
activities, and the activities of its subcontractors,employees, agents, and representatives,
in providing the agreed services in accordance with the specifications set out in this
Agreement. Nothing in this Agreement shall be considered to create the relationship of
employer and employee between the parties. Neither Contractor nor any employee of
Contractor shall be entitled to any benefits accorded County employees by virtue of the
services provided under this Agreement, including,but not limited to: retirement,
vacation pay; holiday pay; sick leave pay; medical, dental, or other insurance benefits;
fringe benefits; or any other rights or privileges afforded to Jefferson County employees.
The County shall not be responsible for withholding or otherwise deducting federal
income tax or social security or for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to Contractor, or
any employee of Contractor.
11. Subcontracting Requirements.
a. The Contractor is responsible for meeting all terms and conditions of this
Agreement including standards of service, quality of materials and workmanship,
costs, and schedules. Failure of a subcontractor to perform is no defense to a
breach of this Agreement. The Contractor assumes responsibility for and all
liability for the actions and quality of services performed by any subcontractor.
b. Every subcontractor must agree in writing to follow every term of this
Agreement. The Contractor 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 Public Health Director or their
designee must approve any proposed subcontractors in writing.
c. Any dispute arising between the Contractor and any subcontractors or between
subcontractors must be resolved without involvement of any kind on the part of
the County and without detrimental impact on the Contractor's performance
required by this Agreement.
12. Covenant Against Contingent Fees. The Contractor warrants that he has not employed
or retained any company or person, other than a bona fide employee working solely for
the Contractor,to solicit or secure this Agreement, and that he has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the
Contractor, any fee, commission,percentage, brokerage fee, gifts, or any other
consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty,the County shall have the right to annul this
Agreement without liability or, in its discretion to deduct from the contract price or
consideration, or otherwise recover,the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee.
13. Discrimination Prohibited. The Contractor, with regard to the work performed by it
under this Agreement, will not discriminate on the grounds of race, color,national
origin,religion, creed, age, gender, sexual orientation, material status, sex, or the
Professional Services Agreement/Fire CARES-2023-2024 Page 7 of22
presence of any physical or sensory handicap in the selection and retention of employees
or procurement of materials or supplies.
14.No Assignment. The Contractor shall not sublet or assign any of the services covered
by this Agreement without the express written consent of the County. Assignment does
not include printing or other customary reimbursable expenses that may be provided in
an agreement.
15. Non-Waiver. Waiver by the County of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
provision.
16. Termination.
a. The County reserves the right to terminate this Agreement at any time by giving
ten(10) days written notice to the Contractor. In the event of termination under
this clause,the County shall be liable only for payment for services rendered
prior to the effective date of termination.
b. In the event of the death of a member,partner, or officer of the Contractor, or
any of its supervisory personnel assigned to the project,the surviving members
of the Contractor hereby agree to complete the work under the terms of this
Agreement, if requested to do so by the County. This section shall not be a bar
to renegotiations of this Agreement between surviving members of the
Contractor and the County, if the County so chooses.
c. The County reserves the right to terminate this contract in whole or in part,with
10 days' notice, in the event that expected or actual funding from any funding
source is withdrawn, reduced, or limited in any way after the effective date of
this agreement. In the event of termination under this clause,the County shall be
liable only for payment for services rendered prior to the effective date of
termination.
17.Notices. 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 Public Health Department
ATT: Anna Mc Enery-DDBH County Coordinator
615 Sheridan Street
Port Townsend, WA 98368
Notices to Contractor shall be sent to the following address:
Gateway to Freedom
ATT: Gabbie Caudill-President
3051 West Sims Way
Port Townsend, WA 98368
Professional Services Agreement/Fire CARES-2023-2024 Page 8 of 22
Notices to Contractor shall be sent to the following address:
East Jefferson Fire&Rescue
ATT: Chief Bret Black
9193 Rhody Drive
Chimacum, WA 98325
18. Integrated Agreement. This Agreement together with attachments or addenda represents
the entire and integrated Agreement between the County and the Contractor and
supersedes all prior negotiations,representations, or agreements written or oral. No
representation or promise not expressly contained in this Agreement has been made.
This Agreement supersedes all prior or simultaneous representations, discussions,
negotiations, and agreements,whether written or oral,by the County within the scope of
this Agreement. The Contractor ratifies and adopts all statements,representations,
warranties, covenants, and agreements contained in its proposal, and the supporting
material submitted by the Contractor, accepts this Agreement and agrees to all of the
terms and conditions of this Agreement.
19. Modification of this Agreement. This Agreement may be amended only by written
instrument signed by both County and Contractor.
20. Disputes. The Parties agree to use their best efforts to prevent and resolve disputes
before they escalate into claims or legal actions. Any disputed issue not resolved
pursuant to the terms of this Agreement shall be submitted in writing within 10 days to
the County Risk Manager,whose decision in the matter shall be final,but shall be
subject to judicial review. If either party deem it necessary to institute legal action or
proceeding to enforce any right or obligation under this Agreement,each party in such
action shall bear the cost of its own attorney's fees and court costs. Any legal action
shall be initiated in the Superior Court of the State of Washington for Jefferson County.
The parties agree that all questions shall be resolved by application of Washington law
and that the parties have the right of appeal from such decisions of the Superior Court in
accordance with the laws of the State of Washington.
The Contractor hereby consents to the personal jurisdiction of the Superior Court of the
State of Washington for Jefferson County.
21. Section Headings. The headings of the sections of this Agreement are for convenience
of reference only and are not intended to restrict, affect,or be of any weight in the
interpretation or construction of the provisions of the sections or this Agreement.
22. Limits of Any Waiver of Default. 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.
23.No Oral Waiver. 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.
24. Severability. Provided it does not result in a material change in the terms of this
Agreement, if any provision of this Agreement or the application of this Agreement to
Professional Services Agreement/Fire CARES-2023-2024 Page 9 of 22
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 affected
and shall be enforceable to the fullest extent permitted by law.
25. Binding on Successors, Heirs and Assigns. This Agreement shall be binding upon and
inure to the benefit of the parties' successors in interest,heirs, and assigns.
26.No Assignment. The Contractor shall not sell, assign, or transfer any of rights obtained
by this Agreement without the express written consent of the County.
27.No Third-party Beneficiaries. 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. Signature in Counterparts. The parties agree that separate copies of this Agreement may
be signed by each of the parties and this Agreement shall have the same force and effect
as if all the parties had signed the original.
29. Facsimile and Electronic Si rg iatures. The parties agree that facsimile and electronic
signatures shall have the same force and effect as original signatures.
30. Anns-Length Negotiations. The parties agree that this Agreement has been negotiated
at arms-length, with the assistance and advice of competent, independent legal counsel.
31. Public Records Act. Notwithstanding the 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 hereafter be amended,the Contractor
agrees to maintain all records constituting public records and to produce or assist the
County in producing such records,within the time frames and parameters set forth in
state law. The Contractor further agrees that upon receipt of any written public record
request, Contractor shall, within two business days, notify the County by providing a
copy of the request per the notice provisions of this Agreement.
32. Confidentiality. With respect to all information relating to County or Contractor that is
confidential and clearly so designated, as required by the Health Insurance Portability
and Accountability Act(HIPAA) and any other applicable privacy laws,the Contractor
agrees to keep such information confidential. Neither the Contractor nor the County
shall disclose, transfer, or sell any such information to any party, except as provided by
law or, in the case of personal information,with the prior written consent of the person
to whom the personal information pertains. The County and the Contractor shall
maintain the confidentiality of all personal information and other information gained by
reason of this Agreement, and shall return or certify the destruction of such information
if requested in writing by either party. This Agreement, once executed,will be a"public
record" subject to production to a third party if same is requested pursuant to- the
Washington Public Records Act, Chapter 42.56 RCW, as may hereafter be amended.
33. Gateway to Freedom: Criminal Histog/Background Check. Each of the Contractor's
employees, the employees of any of the Contractor's approved subcontractor, or
volunteers used by the Contractor shall submit to a Washington State Patrol fingerprint
identity and criminal history check before they are authorized to perform services for the
Professional Services Agreement/Fire CARES-2023-2024 Page 10 of 22
Project. The County agrees to bear all reasonable costs incurred in the performance of
this fingerprint identity and criminal history check. Contractors who may or will have
regular access or limited access to any juveniles shall also:
a. Require that each of the Contractor's employees, the employees of any of the
Contractor's approved subcontractor,or volunteers used by the Contractor
undergo not less often than once every three (3) years another Jefferson County
approved criminal history and background check;
b. Ensure all employees, subcontractors, or volunteers are knowledgeable about the
requirements of RCW 13.40.570 and of the new crimes included in RCW 9A.44,
Sexual Offense;
c. Sign the Contractor Requirements for Responding to Situation of Sexual
Misconduct Form, and shall submit to Jefferson County with signed Agreement.
34• East Jefferson, Fire and Rescue: Hiring Practices. Each of the Contractor's employees,
the employees of any of the Contractor's approved subcontractor, or volunteers used by
the Contractor shall comply with their relevant policies and procedures for hiring,
background and qualification standards. Additionally,the Contractor's employees shall
be trained and comply with RCW 13.40.570,RCW 9A.44, RCW 74.34.005 or other
applicable mandates.
DATED this day of , 2023.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Professional Services Agreement/Fire CARES-2023-2024 Page 1 I of 22
SIGNATURE PAGE
GATEWAY TO FREEDOM JEFFERSON COUNTY WASHINGTON
BOARD OF COUNTY COMMISSIONERS
Contractor Representative (Please print) Greg Brotherton, Chair
Si nature) Kate Dean, Member
12p�0/Gx�vt�'�
'title Heidi Eisenhour, Member
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Date
EAST JEFFERSON FIRE-RESCUE
Contractor Representative (Please print)
VO_ ?Rv_�,�"
(Signature)
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Title
Date
(SIGNATURES CONTINUE ON THE NEXT PAGE)
Professional Services Agreement/Fire CARES-2023-2024 Page 12 of 22
Attest:
Carolyn Gallaway, Date
Clerk of the Board
Approved as to Form Only:
&Axbp-s,b.WW *v, 4/17/23
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
Professional Services Agreement/Fire CARES-2023-2024 Page 13 of 22
EXHIBIT A
Scope of Work
Gateway to Freedom and East Jefferson Fire& Rescue
Fire CARES
RESPONSIBILITIES:
The County, as administrator of the Mental Health/Substance Abuse Sales and Use Tax Funds,
and Gateway to Freedom and East Jefferson Fire &Rescue, agree that Gateway to Freedom and
East Jefferson Fire &Rescue will provide services to individuals as described in this Contract,
including EXHIBIT A: Scope of Work: EXHIBIT B: Fee Schedule: and EXHIBIT C;
Logic Model and Performance Measures; and further agrees to comply with the stipulations
contained in ATTACHMENT A attached hereto and incorporated herein.
Gateway to Freedom and East Jefferson Fire & Rescue as contracted providers, agrees to:
1. Participate in a Fire CARES, (Community Assistance, Referral, and Education Services)
Co-Responder Team for Jefferson County; reducing the number of incidents and the
severity of substance use and/or mental health disorders,while improving the health
status and well-being of Jefferson County Residents. The Fire CARES model will
prioritize serving the community as a whole, from assisting youth to seniors.A Fire
CARES Team can reduce the impact of non-emergent 911 calls.
2. Fire CARES Co-Responders will include a multidisciplinary team: A Firefighter/EMT
or a Firefighter/Paramedic; with additional training in crisis intervention, a Social
Worker or a Mental Health Professional, (with a certification in prevention) and a
Substance Use Disorder Professional. The team responds at the request of fire and/or
police to the behavioral health needs within Jefferson County.
3. The one-tenth of one percent funding,will pay for the multidisciplinary team as stated in
Exhibit B, The Budget.
4. Fire CARES Co-Responders can help navigate the connection of services for
community members; that relate to ongoing medical issues, substance use disorders,
mental health concerns and home safety.
5. Fire CARES Co-Responders will make client contacts every week. The referral process
will be largely based on 911 call volume. EJFR had 384 repeat callers and the Port
Ludlow Fire Department had 36 repeat callers in 2021. (A repeat caller is more than
one call per month.)
6. Fire CARES Co-Responders will employ a variety of evidenced based and best practices
when intervening with community members; both on low-acuity scenes and as a
function of supportive follow-up.
7. Fire CARES Co-Responders may find cause to implement evidence-based de-escalation
strategies; including the intentional use of both verbal and non-verbal communication
Professional Services Agreement/Fire CARES-2023-2024 Page 14 of 22
strategies. Verbal de-escalation includes using a calm, empathetic,patient,yet assertive
tone that imparts to community members in crisis that they are heard, their problems
understood, and establishes the role as a helping one with a common goal.
8. Fire CARES Co-Responders will use body language to establish a non-threatening
posture and allowing a respectful distance as appropriate to convey safety and trust
between the community member and co-responder.
9. Fire CARES Co-Responders will conduct an evidence-based risk assessment in
connection to suicidal ideation; an inquiry to further explore suicidal thoughts including
if the community member has a plan, as well as the intent to harm themselves or end
their life.Additional factors are considered in assessing suicide risk; including if there
is a mental health diagnosis, a history of previous attempts or other factors that may
increase the risk of suicide, measured against protective factors that may reduce risk
10. Fire CARES Co-Responders will determine the appropriate level of intervention;which
may range from collaboration with law enforcement or a Designated Crisis Responder,
to consider detainment or involuntary treatment; to lesser restrictive interventions such
as safety planning with available natural resources and supports.
11. Fire CARES Co-Responders will conduct field-based follow-up and provide case
management,to ensure clients are connected to adequate supports, services and
resources; following a crisis or when identified as high frequency utilizers of the
Emergency Medical and Law Enforcement systems.
12. Fire CARES Co-Responders will engage clients through a person-centered approach;
which emphasizes the significance of the client as the expert in their own lives; while
enhancing self-directed interventions that will increase client authenticity, self-
awareness, and follow-through, while reducing defensiveness.
13. Fire CARES Co-Responders will engage in a trauma informed approach with clients
that recognizes both the signs and symptoms of trauma as well as the pervasive impact
of trauma on client functioning. (An awareness of the impacts of trauma and subsequent
presentation and limitations allows co-responders to establish safety, trust, and
ultimately empower clients to build hope and resilience through recovery services and
processes.)
14. Fire CARES Co-Responders will utilize a strength based, collaborative, solution-
oriented lens; when meeting with clients. The goal will be to increase natural supports
and protective factors, which can restore the client to a sustainable level of functioning
while meeting their needs.
Professional Services Agreement/Fire CARES-2023-2024 Page 15 of 22
15. Fire CARES Co-Responders will continue to collaborate and refer to other agencies;
OlyCAP and Bayside for housing or financial resources; Discovery Behavioral Health
and Jefferson Healthcare to ensure wrap around service needs are being met; Olympic
Peninsula Health Services for clients who need medically assisted treatment. When
requested, Contractor's nonprofit branch, Gateway to Freedom; will also provide
tents/sleeping bags, clothing, toiletries, and transportation assistance.
16. Fire CARES Co-Responders will assure that Release of Information Forms will be
signed by the client, for any service or agency the individual is being referred to.
17. Fire CARES Co-Responders will strive to continue to broaden their resources with other
agencies. These services will include referral and coordination of services to other
appropriate agencies, when needed.
18. Contractor will contract with a Clinical Supervisor to ensure appropriate documentation
of all services is provided.
19. Fire CARES Co-Responders will partner with the Jefferson County, Medical Program
Director within the scope of their authority associated with the firefighter's EMS
credential.
20. Contractor will continue to look for other funding resources and/or Fire CARES
specific, Co-Responder grants for Fire CARES (Community Assistance, Referral, and
Education Services) for Jefferson County.
21. Contractor will share other funding and/or Fire CARES specific, Co-Responder grants
for Fire CARES (Community Assistance, Referral, and Education Services) with Public
Health. The one-tenth of one percent fund will continue to be the payer of last resort.
22. Data analysis and tracking of program participants will be recorded and maintained
using the agency's computer software system. An evaluation of each client file will be
done monthly by a Supervisor, to ensure that documentation has been done accurately.
Each individual file will be reviewed for content and completion before referrals to
appropriate agencies are made.
23. Provider will use KeyNotes software, as well as excel spreadsheets to ensure that data is
recorded. Monthly status reports will be conducted at the beginning of every month, (for
the month prior)to ensure that each client file is complete and up to date. The following
is some of the information that is collected:
a. Raw number of individuals served by the program
b. Basic client demographics
c. Number of individuals referred to mental health services
d. Number of individuals referred to substance services
e. Number of individuals referred to housing or social services
f. Number of individuals referred to medical services
g. Number of individuals diverted from emergency services
Professional Services Agreement/Fire CARES-2023-2024 Page 16 of 22
24. When requested, attend and report to the Behavioral Health Advisory Committee with
progress evaluation reports.
25. A quarterly report of said services will be recorded on a form created or approved by the
Public Health contracted Epidemiologist.
26. Quarterly electronic reports will be sent to the Public Health contracted Epidemiologist
in a form as specified by Jefferson County Public Health and/or Kitsap County Health
District, as outlined in the Quarterly Evaluation Reporting Template.
27. A copy of each electronic report will be sent to the JCPH Contract Representative.
28. Upon request, additional reports of activities and services will be provided to the JCPH
Contract Representative.
29. Outcome measures:
Fire CARES will reduce costs within the emergency services facilities, improve
outcomes for individuals who live in Jefferson County;the investment in the community
will outweighs the actual costs of this program.
Professional Services Agreement/Fire CARES-2023-2024 Page 17 of22
EXHIBIT B
BUDGET- 2023
Gateway to Freedom and East Jefferson Fire & Rescue
Fire CARES
OtherlZequested
from Sales
PersonneVOtherTotal litiduct
FTE & Salaries for Each *1/10th of Association Behavioral
Employee & Other Costs 1% Sales of Health
Tax/ Washington Committee
Fund 131 Counties
Firefighter/EMT/ Paramedic $25,000 $80,000 $23,000 $128,000
@ $66.69 an hour
Social Worker/ $25,000 $60,000 $85,000
Mental Health Professional
$50.00 an hour
Substance Use Disorder $25,000 $23,000 $48,000
Professional
$50.00 an hour
One Year Sub-Total $50,000 $165,000 $46,000 $261,000
Operating Costs
Supplies/Materials/Training $10,000
Travel/Mileage $5,000
Admin. Fee $37,200
Total Costs $50,000 $52,200 $46,000 $313,200
*Not to exceed a total of$100,000.00 of County 1/10th of 1% Sales Tax, (Fund 131)/(or
$50,000 in 2023 and $50,000 in 2024) in completion of services for the duration of this
contract without express written amendment signed by both parties.
Professional Services Agreement/Fire CARES-2023-2024 Page 18 of22
EXHIBIT B
BUDGET-2024
Gateway to Freedom and East Jefferson Fire & Rescue
Fire CARES
uested
�' Other
Personnel/Other
FTE & Salaries for Each *1/101h of
Employee & Other Costs 1% Sales
Tax/
Fund 131
Firefighter/EMT/ Paramedic $25,000 $25,000
@ $66.69 an hour
Social Worker/ $25,000 $25,000
Mental Health Professional
$50.00 an hour
Substance Use Disorder
Professional
$50.00 an hour
One Year Sub-Total $50,000 $50,000
Operating Costs
Supplies/Materials/Training
Travel/Mileage
Admin. Fee
Total Costs $50,000 $50,000
*Not to exceed a total of$100,000.00 of County 1/101h of 1% Sales Tax, (Fund 131)/(or
$50,000 in 2023 and $50,000 in 2024) in completion of services for the duration of this
contract without express written amendment signed by both parties.
Professional Services Agreement/Fire CARES-2023-2024 Page 19 of 22
EXHIBIT C
Logic Model
Gateway to Freedom and East Jefferson Fire & Rescue
Fire CARES
Outputs Outcomes
Activities Participation Short Medium Long
Respond to Formal needs
quality of life assessment of ways to
Active 911 and crisis calls reduce crisis calls and
Connection to increase community
call appropriate wellness
community
service
Work providers to Identification of
collaboratively further needs that can
with first defer from be addressed
responders nonemergent
hospitalization
Formal needs
assessment of ways to
Review of data reduce crisis calls and Calls reduced to
Follow up increase community
after recent for high wellness 911 because of
911 utilization of redirection to more
activation 911 and appropriate
enc emer Proactive resources through
emergency outreach and Connection to more g
services referral with all appropriate ro riate service widescale
individuals providers. community
I education campaign
post crisis
Review of data Resolution of calls with
for calls of referrals and connection
crisis and needs to service providers
assessments
1
New strategies
implemented to address
needs
Professional Services Agreement/Fire CARES-2023-2024 Page 20 of22
EXHIBIT D
ATTACHMENT A
JEFFERSON COUNTY 1/10th of 1% BEHAVIORAL HEALTH SALES TAX FUNDING
MATCH POLICY
Definitions:
Match: is a requirement for the grantee to provide contributions of a specified amount or
percentage to match funds provided by another grantor. Matching can be in the form of
cash or in-kind contributions.
Regulations: The specific requirements for matching funds are unique to each federal or
state program. The A-102 Common Rule provides criteria for acceptable costs and
contributions in regard to match.
Jefferson County Policy:
In 2005, the Washington State Legislature created an option for counties to raise the local sales
tax by 0.1 percent, (the 1/1 Oth of 1% sales tax initiative)to augment state funding for behavioral
health treatment. Jefferson County collects and distributes the 1/1oth of 1% Behavioral Health
Sales Tax fund. Services purchased by the County are allocated through a formal Request for
Proposal (RFP) process, review and contracting; staffed by Jefferson County Public Health,
overseen by Jefferson County Behavioral Health Advisory Committee and adopted by the
Board of County Commissioners, (BoCC). BoCC does not assume any fiscal responsibility/
liability for any of the Contractors they contract for services with.
Jefferson County reserves the first right to use as match the 1/101h of 1% Behavioral Health
Sales Tax funds and the services funded by them for purposes of qualifying for additional
funding and grants. County may make available to the Contractor the 1/101h of 1% Behavioral
Health Sales Tax funds for the Contractor to propose as match to state, federal or other entities,
at the County's sole discretion. Contractor shall not use the 1/101h of 1% Behavioral Health
Sales Tax funds for match without prior authorization by the Jefferson County Administrator
and County fiscal team. To request authorization of availability of the funds for match,
Contractor must apply to the County Administrator in writing, and include their match formula
and allocation plan and may include other documentation to support their request. The County
Administrator will authorize or deny the availability of match funds in writing within 30 days of
the application.
If the County informs the Contractor of the availability of the 1/loth of 1%Behavioral Health
Sales Tax funds for match, then the Contractor shall be solely responsible for compliance with
all state and federal laws and regulations, including, but not limited to DSHS, CMS and BIRR
funding rules, applicable to the use of 1/loth of 1% Behavioral Health Sales Tax funds as match.
Following state, federal and local guidelines for match is the responsibility of the Contractor.
Professional Services Agreement/Fire CARES-2023-2024 Page 21 of22
For example, if a Contractor provides Title XIX Medicaid services (the Policy 19.50.02 or
42CFR 430.30)they are required by those rules to actually bill Medicaid for the services at the
same time. If no Medicaid billing exists, the match would not comply with state and federal
guidelines for match.
Concurrent with its request for authorization of the availability of match, Contractor shall
document it has met its responsibility to follow state, federal and local guidelines for match by
submitting in writing to the County Administrator their match formula, allocation plan, and
other documentation made mandatory pursuant to this Agreement and this Attachment A. At a
minimum, the Contractor shall also provide the following to the County Administrator:
1. DSHS requires contractors to complete and submit a"Local Match Certification"
form (DSHS 06-155) or a form that has equivalent data elements prior to any
agreement for DSHS services. Submit a copy of this application and form when
requesting match availability from the County and at each monthly billing.
2. Submit the current administrative policy within WA State regulating your
services and the use of local match.
3. Submit to the County your last financial audit showing your use of match,
County funds and tracking systems.
4. Submit to the County the terms of the agreement showing the MH/SA allocation
is an allowable source of match.
5. Provide documentation that your financial reporting system tracks matching
funds at a level that meets the level of documentation required by federal or state
statutes.
The County may reject permission for Contractor to utilize the 1/1Oth of 1% Behavioral Health
Sales Tax funding as match.
Professional Services Agreement/Fire CARES-2023-2024 Page 22 of22