HomeMy WebLinkAboutMental Health Navigator PTPD 615 Sheridan Street
Port Townsend, WA 98368
6 e eWn www.JeffersonCountyPublicHealth.org
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: �e pf(. 6a'%- ?fir U2�
SUBJECT: Agenda Item — Amendment 1 to Professional Services Agreement — Port
Townsend Police Department; Mental Health Navigator; January 1, 2023 —
December 31, 2024; $134,400.00, ($67,200.00 in 2023 and $67,200.00 in
2024)
STATEMENT OF ISSUE:
Jefferson County Public Health, (JCPH), is requesting Board approval of Amendment #1 to the Professional
Services Agreement with the Port Townsend Police Department, for a Mental Health Navigator to provide
services to individuals with substance abuse disorders and/or mental health issues, that have encounters with
the police; $6,720.00 in funding for each calendar year will move from administration to the salary budget line
for services rendered; during the term of January 1, 2023 through December 31, 2024; $134,400.00,
($67,200.00 in 2023 and $67,200.00 in 2024).
ANALYSIS/STRATEGIC GOALS/PRO'S and CONS:
This Professional Services Agreement between Jefferson County Public Health, (JCPH) and the Port Townsend
Police Department; is to engage eligible Jefferson County participants who are experiencing mental health
and/or substance abuse issues; who come into contact with Port Townsend Police officers; and need
behavioral health interventions and referral services from the Mental Health Navigator. Services are intended
to reduce recidivism in jails and emergency rooms.
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 sales tax revenue decreases, the vendor will be contacted and the contract
may be renegotiated.
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-23-01 1-A 1
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 Amendment 1 to the Professional Services
Agreement with Port Townsend Police Department; for the Mental Health Navigator; $6,720.00 in funding for
each calendar year will move from administration to the salary budget line for services rendered; during the
term of January 1, 2023 through December 31, 2024; $134,400.00, ($67,200.00 in 2023 and $67,200.00 in
2024).
REVIEWED BY:
11 12— � L
Mark McCauley, ounty Administrator Date
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: Port Townsend Police Department-Amendment#1 Contract No: AD-23-011-Al
Contract For: Mental Health Navigator 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: Moving$6,720 of Admin to Direct Services in 2023&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 COMP IA WIT )80 AND CHAPTER 42.23 RCW.
CERTIFIED: FI N/A: Sept. 8,2023
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRE WEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: ® N/A: Sept. 8,2023
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 9/12/2023.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 9/12/2023.
PAO approved 9/12/2023
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
CONTRACT AMENDMENT#1
For Professional Services
Between
Jefferson County
And
Port Townsend Police Department
WHEREAS,the Port Townsend Police Department, (Subcontractor) and Jefferson County
(County) entered into an agreement on January 1, 2023; for a Mental Health Navigator with the
Port Townsend Police Department, in Jefferson County, Washington.
WHEREAS,the parties desire to amend the terms of that agreement.
IT IS AGREED BETWEEN BOTH PARTIES AS NAMED HEREIN AS FOLLOWS:
The term of the above referenced agreement ends June 30, 2023.
1. Subcontractor's Contract will move $6,720.00 in funding for each calendar year; from
administration to the salary budget line for services rendered, during the term of January 1,
2023 through December 31, 2024. Total compensation under this Agreement shall not
exceed $134,400.00, ($67,200.00 in 2023 and $67,200.00 in 2024)without express written
amendment signed by both parties.
2. All other terms and conditions of the agreement will remain the same.
Dated this 11� �A day of ,2023
By:
Greg Brotherton, Chair
Jefferson Board of County Commissioners
Jo uro, City Manager
ity of Port Townsend
ATTEST:
By:
Carolyn Gallaway, Date
Clerk of the Board
APPROVED AS TO FORM ONLY:
By: b;vhp�A--b•UI&JM� 09/12/2023
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
AD-23-011-Al
PROFESSIONAL SERVICES AGREEMENT FOR
Between
Jefferson County
And
Port Townsend Police Department
For
The Navigator Program
THIS PROFESIONAL SERVICES AGREEMENT("this Agreement")is entered into between
the County of Jefferson,a municipal corporation("the County"),and the Port Townsend Police
Department("the Contractor"), in consideration of the mutual benefits,terms, and conditions
specified below.
1. Project Designation. The Contractor is retained by the County to perform the following
Project: to engage eligible participants who come into contact with Port Townsend
Police officers and appear to need mental health and/or substance abuse intervention
through Case Management in a Navigator role,designed to reduce recidivism in jails
and emergency rooms in Jefferson County,Washington.
2. Scope of Services. Contractor agrees to perform the services identified on Exhibit"A"
attached hereto including the provision of all labor.
3. 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.
4. 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$134,400.00, ($67,200.00 in 2023
and$67,200.00 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. Invoices must be submitted by the 15th 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.
c. 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.
Professional Services Agreement,PT Police Department—2023/2024 Page 1 of 18
AD-23-011
d. 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.
e. 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.
5. 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 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.
6. 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.
7. 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.
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.
Professional Services Agreement,PT Police Department—2023/2024 Page 2 of 18
8. 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 sole
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.
9. Required Liability Coverages. Prior to commencing work,the Contractor shall obtain at
its own cost and expense the following coverage specified below either by a policy of
insurance or by an agreement with a"Risk Pool"created pursuant to Ch.48.62 RCW
such as the Washington Cities Insurance Authority and shall keep such coverage in force
during the terms of the Agreement.
a. Commercial Automobile Liability coverage 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 in connection with the Contractor's performance of
this Agreement. This coverage shall indicate on the certificate the following
coverage: (a)Owned automobiles; (b)Hired automobiles;and, (3)Non-owned
automobiles.
b. Commercial General Liability Coverage 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 coverage shall contain no limitations on the
scope of the protection provided and include the following minimum coverage:
i. Broad Form Property Damage,with no employee exclusion;
ii. Personal Injury Liability,including extended bodily injury;
iii. Broad Form Contractual/Commercial Liability—including coverage for
products and completed operations;
iv. Premises—Operations Liability(M&C);
v. Independent Contractors and subcontractors;
vi. Blanket Contractual Liability.
Professional Services Agreement,PT Police Department—2023/2024 Page 3 of 18
c. Professional Liability Coverage. The Contractor shall maintain professional
liability coverage 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 coverage 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 coverage shall survive the completion or termination of this
Agreement for a minimum period of three(3)years.
d. Such 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.
e. The Contractor shall furnish the County with properly executed certificates of
coverage 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.
Certificates of coverage as required by this section shall be delivered to the
County within fifteen(15)days of execution of this Agreement.
f. Failure of the Contractor to take out or maintain any required coverage shall not
relieve the Contractor from any liability under the Agreement, nor shall the
coverage requirements be construed to conflict with or otherwise limit the
obligations concerning indemnification of the County.
g. The Contractor's insurers or risk pool 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 Liability Insurance, so affected shall protect both
parties and be primary coverage for all losses covered by the above described
insurance.
h. Insurance companies or risk pools issuing the coverages 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.
i. All deductibles in the above described insurance policies shall be assumed by
and be at the sole risk of the Contractor.
j. 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 or risk pool 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.
Professional Services Agreement,PT Police Department—2023/2024 Page 4 of 18
k. Insurance companies or risk pools issuing the Contractor's coverages 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.
1. 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.
m. 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.
n. The County may,upon the Contractor's failure to comply with all provisions of
this Agreement relating to coverage,withhold payment or compensation that
would otherwise be due to the Contractor.
o. The Contractor's liability coverage 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.
p. Any failure to comply with reporting provisions of the coverages shall not affect
coverage provided to the County,its officers,officials,employees,or agents.
q. The Contractor's coverage 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.
r. The Contractor shall include all subcontractors as persons covered under
coverage policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverage provisions for subcontractors shall be subject to all
the requirements stated herein.
s. The coverage limits mandated for any coverage required by this Agreement are
not intended to be an indication of exposure nor are they limitations on
indemnification.
t. The Contractor shall maintain all required coverage 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 coverage 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.
u. The Contractor shall place coverage with a"Risk Pool"created pursuant to Ch.
48.62 RCW or 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
Professional Services Agreement,PT Police Department—2023/2024 Page 5 of 18
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.
v. The County reserves the right to request additional coverage on an individual
basis for extra hazardous contracts and specific service agreements.
10. 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.
11.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.
12. 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
Professional Services Agreement,PT Police Department—2023/2024 Page 6 of 18
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.
13. 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.
14. 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
presence of any physical or sensory handicap in the selection and retention of employees
or procurement of materials or supplies.
15.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.
16.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.
17. Termination.
a. The County reserves the right to terminate this Agreement at any time by giving
ten(10)days written notice to the Contractor.
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.
Professional Services Agreement,PT Police Department—2023/2024 Page 7 of 18
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 for only payment for services rendered prior to the effective date of
termination.
18.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-DD/BH County Coordinator
615 Sheridan Street
Port Townsend,WA 98368
Notices to Contractor shall be sent to the following address:
City of Port Townsend
ATT: John Mauro, City Manager
250 Madison Street
Port Townsend, WA 98368
19.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.
20.Modification of this Agreement. This Agreement may be amended only by written
instrument signed by both County and Contractor.
21. 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.
Professional Services Agreement,PT Police Department—2023/2024 Page 8 of 18
The Contractor hereby consents to the personal jurisdiction of the Superior Court of the
State of Washington for Jefferson County.
22. 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.
23. 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.
24.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.
25. 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
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.
26. 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.
27.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.
28.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.
29. Signature in Countemarts. 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.
30.Facsimile and Electronic Signatures. The parties agree that facsimile and electronic
signatures shall have the same force and effect as original signatures.
31. Arms-Length Negotiations. The parties agree that this Agreement has been negotiated
at arms-length,with the assistance and advice of competent,independent legal counsel.
32. 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.
Professional Services Agreement,PT Police Department—2023/2024 Page 9 of 18
33. Confidentiality. With respect to all information relating to County 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. The Contractor shall not disclose,
transfer,or sell any such information to any party, except as provided by law or, in the
case of personal information,with the prior written consent of the person to whom the
personal information pertains. The Contractor shall maintain the confidentiality of all
personal information and other information gained by reason of this Agreement,and
shall return or certify the destruction of such information if requested in writing by
Jefferson County. This Agreement,once executed,will be a"public record"subject to
production to a third party if same is requested pursuant to• the Washington Public
Records Act, Chapter 42.56 RCW,as may hereafter be amended.
34. Criminal History/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 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.
DATED this '2 day of U t a Y-f�\ .92023.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Professional Services Agreement,PT Police Department—2023/2024 Page 10 or 18
SIGNATURE PAGE
JEFFERS N COUNTY WASHINGTON
BO COUNTY COMMISSIONERS
Name of Contractor rotherton,Chair
Approved Telephonically
Contractor Representative (Please print) Kat Dean, . ember
e Heidi Eisenhour, Member
Title
/3 Z
Date
Attest: f
VZ
3/X 7I 2-2
ffK'
Carolyn Oallaway, Date
Clerk of the Board
Approved,as to Farm Only:
March 8. 2023
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
Professional Services Agreement,PT Police Department—2023/2024 Page i t of 18
EXHIBIT A
Scope of Work
Navigator Program
RESPONSIBILITIES:
The County,as administrator of the Mental Health/Substance Abuse Sales and Use Tax Funds,
and the Port Townsend Police Department, agree that the Port Townsend Police Department
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.
The Port Townsend Police Department as a contracted provider,agrees to:
1. Engage eligible participants who come into contact with Port Townsend Police officers
and appear to need mental health and/or substance abuse intervention through Case
Management in a Mental Health-Navigator role,which is designed to reduce recidivism
in jails and emergency rooms.
a) The Navigator will work with the Port Townsend Police Department to develop
in-depth policies and procedures for the Navigator Program-that insure,
confidentiality, safety and professionalism.
b) The Navigator will provide cross-training to Port Townsend Police Officers, in
order to enhance a collaborative working environment.
c) A Navigator will be employed by the Port Townsend Police Department and will
work to assist individuals to receive appropriate assessment and treatment
recommendations.
d) The Navigator will assess eligible individuals that are referred by Port Townsend
Police Officers to gain psych-education and treatment referral resources.
e) The Navigator will determine if a mental health and substance abuse crisis
assessment is required.
f) The Navigator will provide assessments in the community, at the Port Townsend
Police Department, Jail, Behavioral Health Court and/or any other suitable
location deemed appropriate for confidentiality and safety(i.e. in the
community).
g) The Navigator will support participating individuals to follow through with
appropriate behavioral health treatment referrals.
h) The Navigator will assist participants to access coordinating services.
Professional Services Agreement,PT Police Department—2023/2024 Page 12 of 18
i) The Navigator will provide a list of local & statewide resources.
2. Outcome measures:
a) There will be a decrease in Emergency Department visits for individuals
engaged with the PT Police Navigator; who require a lower level of crisis
intervention(that assess under 71.05)
b) The number of police interactions, charges, and incarceration events for
individuals engaged with the PT Police Navigator will decrease.
c) Individuals engaged with the PT Police Navigator will be connected to
appropriate services for behavioral health and substance abuse needs. Also,
medical,housing, employment and education services when applicable.
d) Collaboration between the PT Police Navigator,community service
providers, law enforcement and citizens will have increased in a formalized
manner.
e) There will be a reduction in the number of preventable events for Is'
responders when encountering individuals engaged with the PT Police
Navigator.
3. When requested,attend and report to the Behavioral Health Advisory Committee with
progress evaluation reports.
4. A quarterly report of Navigator services will be recorded on a form created or approved
by the Public Health contracted Epidemiologist.
5. 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.
6. A copy of each electronic report will be sent to the JCPH Contract Representative.
7. Upon request, additional reports of activities and services will be provided to the JCPH
Contract Representative.
Professional Services Agreement,PT Police Department—2023/2024 Page 13 of 18
EXHIBIT B
Fee Schedule 2023
Other
Requested Funding
Total Fundim-,
Personnel/Other Costs front Sales Tax Soul-cc
FTE& Salaries for Each Employee Per Year Totals Other Funding Total Funding
Source
Navigator(40 Hours per week) $49,630.00/yr. $37,200.00/yr. $86,830.00/yr.
$25 -$40 per hour
Supervision(1 Hour per week) $4,800.00/yr. 0 $4800.00/yr.
$100 per hour
One-year Sub-Total $54,430.00/yr. $37,200.00/yr. $91,630.00/yr.
Other Costs
Ballistic Vest $1,800.00
Phone $600.00
Flashlight $150.00
Portable Radio $1,500.00
Computer $2,000.00
Sub Total $6,050.00 $6,050.00
Admin. Fee $6,720.00 $6,720.00/yr.
$37,200.00/yr. $104,400.00/yr.
Not to exceed $134,400.00,($67,200.00 in 2023 and $67,200.00 in 2024), in completion of
services for the duration of this contract without express written amendment signed by
both parties.
Professional Services Agreement,PT Police Department—2023/2024 Page 14 of 18
EXHIBIT B
Fee Schedule 2024
Offier
Requested F1111(fill-
Persolulel/Otlier Costs from Sales Tax Soll)-cc
FTE& Salaries for Each Employee Per Year Totals Other Funding Total Funding
Source
Navigator(40 Hours per week)_ $55,680.00/yr. $37,200.00/yr. $92,880.00/yr.
$25 -$40 per hour
Supervision(1 Hour per week) $4,800.00/yr. $4,800.00/yr.
$100 per hour
One-year Sub-Total $60,480.00/yr. $37,200.00/yr. $97,680.00/yr.
Other Costs
Admin. Fee $6,720.00/yr. $6,720.00/yr.
$37,200.00/yr. $104,400.00/yr.
Not to exceed $134,400.00,($67,200.00 in 2023 and $67,200.00 in 2024), in completion of
services for the duration of this contract without express written amendment signed by
both parties.
Professional Services Agreement,PT Police Department—2023/2024 Page 15 of 18
EXHIBIT C
Logic Model
PT Police Department Navigator Program 2023-2024
...so that...
Outcome
_ Ou ut -V
so that... 1) There will be a
--___ decrease in
Emergency
1) Participating Department
individuals will visits for
display follow individuals
Process through with requiring a
appropriate lower level of
behavioral crisis
so 1) Eligible individuals health treatment intervention,
will be referred by referrals. with an
Port Townsend 2) Participants will assessment
Police Officers to gain psych- under 71.05
the Navigator so that education and 2) The number of
they determine if a treatment individuals
Input mental health and referral incarcerated in
substance abuse resources. the Jefferson
crisis assessment is 3) The Navigator County Jail will
required. will assist be decreased.
1 Eligibleants participants 2) Navigator participants 3) Individuals will
p p assessments can coordinate receive the
are individuals who occur in the appropriate
come into contact community,at the treatment for
with Port Townsend Port Townsend behavioral
Police officers and Police Department, health and
appear to need Jail,Behavioral substance abuse
mental health and/or Health Court and/or
issues.
substance abuse
any other suitable 4) Collaboration
intervention. location deemed to between the
2 A Navigator
employed by the appropriate for coammuni
Port Townsend confidentiality and h'
safety
Police Department nit ).the p providers,law
will assist community). P >
individuals to 3) The Port Townsend enforcement
receive appropriate Police Department and citizens
assessment and will develop in-
treatment depth policies and enhanced.
recommendations. procedure to insure,
confidentiality,
safety and
professionalism.
4) Port Townsend
Police Officers and
the Navigator will
receive cross-
training to enhance a
collaborative
worldng
environment.
Professional Services Agreement,PT Police Department—2023/2024 Page 16 of 18
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 1/10th of 1%sales tax initiative)to augment state funding for behavioral
health treatment. Jefferson County collects and distributes the 1/10*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 1/10''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 1/10 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 1/101 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 1/10t'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,PT Police Department—2023/2024 Page 17 of 18
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 1/101h of 1%Behavioral Health
Sales Tax funding as match.
Professional Services Agreement,PT Police Department—2023/2024 Page 18 of 18