HomeMy WebLinkAboutDe-escalation Techniques 615 Sheridan Street
Port Townsend, WA 98368
9e!ihson 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, Public Health
Veronica Shaw, Deputy Director, Public Health
DATE: 4i v 2 ",
SUBJECT: Agenda item —Jefferson County Speaker Contract— Behavioral Health Solutions
LLC; June 27, 2024; $1,000
STATEMENT OF ISSUE:
Jefferson County Public Health (JCPH) requests Board approval of the Jefferson County Speaker Contract with
Dr. Heather Wisdom MS LMHC, Behavioral Health Solutions LLC for a workshop to be provided to JCPH staff
on June 27, 2024; $1,000.
ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S:
JCPH was awarded workforce development funds by WA Department of Health (DOH) to expand, train, and
sustain local public health workforce in the aftermath of the COVID-19 Pandemic. This training program aims
to increase understanding of various mental health and substance use challenges, equip participants with
coping skills to manage their own mental health, to develop skills to support others experiencing mental
health challenges and teach de-escalation techniques for managing difficult situations. JCPH's
implementation plan for these funds was approved by DOH for this purpose.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
Speaker costs are covered by Center for Disease Control COVID-19 Public Health Workforce Development
funds, through the consolidated contracts with WA Department of Health.
RECOMMENDATION:
JCPH management requests approval of the Jefferson County Speaker Contract with Behavioral Health
Solutions LLC for a workshop being provided to JCPH staff to conduct training in de-escalation techniques for
managing difficult situations in the workplace on June 27, 2024.
REVIEWED BY:
07 /2`�
Mark McCauley, C my 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
AD-24-021
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Behavioral Health Solutions Contract No: AD-24-021
Contract For: De-escalation training Term: June 27, 2024
COUNTY DEPARTMENT:
Contact Person:
Contact Phone:
Contact email:
AMOUNT: $1000 PROCESS: ✓ Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: moo Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s)of Matching Funds Vendor List Bid
Fund# RFP or RFQ
Munis Org/Obj Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMP -IAA'E WIT ...080 AND CHAPTER 42.23 RCW.
CERTIFIED: ■ N/A:[ May 10,2024
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT B N DEBA D BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: N/A: n ( May 10, 2024
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 5/10/2024.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 5/15/2024.
Standard language.
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
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JEFFERSON COUNTY WASHINGTON
SPEAKER CONTRACT
This SPEAKER CONTRACT is for the services of an individual to speak at the event described
below, is made between Jefferson County (the "County") and the speaker or facilitator (the
"Facilitator"), for the services of the Facilitator, in consideration of the mutual benefits, terms,
and conditions specified below.
1. EVENT DESCRIPTION:
Name of Event: Mental Health& De-escalation
Date(s) and June 27, 2024
Times(s):
Event Location: Jefferson County Public Health
2. FACILITATOR/BUSINESS:
Name: Dr. Heather Wisdom MS LMHC
Behavioral Health Solutions LLC
Permanent Address: 29307 78th Ave S
City Roy
State: WA
Zip Code+4: 98580
Phone: 425-314-5410
Email: drwisdom@behavioralhealthllc.net
3. COUNTY CONTACT:
Name: Apple Martine
Department: Jefferson County Public Health
Phone: 360-385-9443
Email: amartine@co.jefferson.wa.us
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AD-24-021
4. COMPENSATION:
Item Amount
Fee or Honorarium $200 per hour / first 4 hours
$100 per hour / each extra
hour;Up to 6 hours for single-
day training @ $1000.00
Lodging N/A
Meals N/A
Transportation N/A
Other N/A
TOTAL COMPENSATION $1,000.00
5. PAYMENT: All payments will be in form of a check issued by Jefferson County, WA and
will be payable to the Facilitator at the address listed in Section 2 within 30 days of submission
of an invoice by the Facilitator along with federal form W-9.
6. INDEPENDENT CONTRACTOR:
The Facilitator and the County agree that the Facilitator is an independent contractor with
respect to the services provided pursuant to this Speaker Contract. The Facilitator specifically
has the right to direct and control the Facilitator'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 Speaker Contract. Nothing in this Speaker
Contract shall be considered to create the relationship of employer and employee between the
parties. Neither the Facilitator nor any employee of The Facilitator shall be entitled to any
benefits accorded County employees by virtue of the services provided under this Speaker
Contract, 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
the Facilitator, or any employee of the Facilitator.
7. LIABILITY COVERAGE FOR EACH PARTY:
(a) The County is member of Washington Counties Risk Pool for liability protection. Such
protection applies to the County and their employees only. Any coverage for third party
liability claims provided to the County by a "Risk Pool" created pursuant to Ch. 48.62
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RCW shall be non-contributory with respect to any policy of insurance the Facilitator
must provide in order to comply with this Speaker Contract.
(b) The Facilitator (including all of its employees, officers, agents and subcontractors) shall
provide their own liability coverage. This coverage shall include Employer's Liability or
Stop Gap Coverage with limits meeting all applicable state and federal laws. Insurers for
the Facilitator and its employees, officers, agents and subcontractors shall have no right
of recovery or subrogation against the County(including its officers,officials,employees,
agents and volunteers(and their marital communities)),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. Insurance companies issuing the policy or policies shall have
no recourse against the County (including its officers, officials, employees, agents and
volunteers (and their marital communities)) for payment of any premiums or for
assessments under any form of policy. All deductibles in the above-described insurance
policies shall be assumed by and be at the sole risk of the Facilitator.
8. FACILITATOR'S WORKER'S COMPENSATION COVERAGE (INDUSTRIAL
INSURANCE):
(a) If and only if the Facilitator 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 Facilitator, the Facilitator shall maintain workers' compensation
insurance at its own expense, as required by Title 51 RCW, for the term of this Speaker
Contract 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.
(c) This coverage shall extend to any subcontractor(A)that does not have their own worker's
compensation and employer's liability insurance.
(d) The Facilitator 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 Facilitator.
9. MUTUAL INDEMNITY:
(a) For their comparative liability, each party agrees to indemnify, defend and hold the other
party, their officers, officials, employees, agents and volunteers (and their marital
communities), harmless from and against any claims, damages, losses and expenses,
including but not limited to court costs, attorney's fees and alternative dispute resolution
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costs,for any personal injury,for any bodily injury, sickness,disease or death and for any
damage to or destruction of any property (including the loss of use resulting therefrom)
which are alleged or proven to be caused by an act or omission,negligent or otherwise, of
their officers, officials, employees, agents or volunteers(and their marital communities).
(b) A party shall not be required to indemnify,defend,or hold the other party or their officers,
officials, employees, agents and volunteers (and their marital communities) harmless if
the claim, damage, loss or expense for personal injury, for any bodily injury, sickness,
disease or death or for any damage to or destruction of any property(including the loss of
use resulting therefrom) is caused by the sole act or omission of the other party or their
officers, officials, employees, agents or volunteers.
(c) If any concurrent act occurs or omission of the parties and their officers, officials,
employees, agents and volunteers, negligent or otherwise, these indemnity provisions
shall be valid and enforceable only for the comparative liability of each party and their
officers, officials,employees, agents or volunteers.
(d) The parties agree to maintain a consolidated defense to claims made against them and to
reserve all indemnity claims against each other until after liability to the claimant and
damages are adjudicated. If any claim is resolved by voluntary settlement and the parties
cannot agree upon apportionment of damages and defense costs, they shall submit
apportionment to binding arbitration.
(e) The indemnification obligations of the parties shall not be limited by the Washington State
Industrial Insurance Act, Title 51 RCW, or by application of any other workmen's
compensation act, disability benefit act or other employee benefit act. Each party
expressly waives any immunity afforded by such acts to the extent required by a party's
obligations to indemnify, defend and hold harmless the other party, their officers,
officials, employees, agents and volunteers (and their marital communities). A party's
waiver of immunity does not extend to claims made by their own employees directly
against that party as employer. The indemnity provisions of this section are a material
inducement to enter into this Agreement and have been mutually negotiated.
(f) This section shall survive the expiration or termination of this Speaker Contract.
10. SUBCONTRACTING REQUIREMENTS:
(a) The Facilitator is responsible for meeting all terms and conditions of this Speaker Contract
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 Speaker
Contract. The Facilitator 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 Speaker Contract.
The Facilitator must provide every subcontractor's written agreement to follow every term
of this Speaker Contract before the subcontractor can perform any services under this
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Speaker Contract. The Public Health Director or their designee must approve any
proposed subcontractors in writing.
(c) Any dispute arising between the Facilitator 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 Facilitator's performance required by this
Speaker Contract.
11. DISCRIMINATION PROHIBITED:
The Facilitator, with regard to the work performed by it under this Speaker Contract, 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.
12. NO ASSIGNMENT:
The Facilitator shall not sublet or assign any of the services covered by this Speaker Contract
without the express written consent of the Public Health Director or their designee.
Assignment does not include printing or other customary reimbursable expenses that may be
provided in an agreement.
13. 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
Speaker Contract 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 Speaker Contract,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 Facilitator hereby consents to the personal jurisdiction of the Superior Court of the State
of Washington for Jefferson County
14. CANCELLATIONS:
(a) Either party may cancel this Speaker Contract without obligation to the other if
cancellation notice is received in written form at least 30 days before the appearance date.
(b) Facilitator agrees to furnish payment to the County for actual appearance preparation costs
in the event of a late cancellation, late appearance, or non-appearance within 30 days after
billing.
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(c) If, due to illness, accident, or other causes legally known as Acts of God, Facilitator is
forced to cancel this Speaker Contract,neither party,nor any representative shall be liable
for any payment.
15. 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 Risk Manager
P.O. Box 1220
Port Townsend, WA 98368
Notices to the Facilitator shall be sent to the following address:
Dr. Heather Wisdom MS LMHC
Behavioral Health Solutions LLC
29307 78th Ave S
Roy, WA 98580
16. MISCELLANEOUS:
(a) The Facilitator is solely responsible for payment of royalty fees, and/or dramatic rights
and dramatic musical works and/or performance fees, fees required by unions and similar
organizations, and similar costs. The Facilitator shall indemnify the County against any
liability or damages, including attorney fees, which may arise as a result of violation by
Facilitator of copyright laws.
(b) Facilitator, by signature to this Speaker Contract, certifies that Facilitator is not presently
debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded
from participating in this Speaker Contract, or any Speaker Contract by any Federal
department or agency.
(c) This Speaker Contract memorializes the entire Speaker Contract between the parties. No
representation or promise not expressly contained in this Speaker Contract has been made.
The parties are not entering into this Speaker Contract based on any inducement,promise,
or representation, expressed or implied, which is not expressly contained in this Speaker
Contract. This Speaker Contract supersedes all prior or simultaneous representations,
discussions,negotiations,and Speaker Contracts,whether written or oral,within the scope
of this Speaker Contract.
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(d) Facilitator is responsible for meeting all terms and conditions of this Speaker Contract
including standards of service, quality of materials and workmanship, costs, and
schedules.
(e) While performing Project services, the use of illegal drugs, alcohol, or controlled
substances on the County property or premises is strictly prohibited. Facilitator,
volunteers,and Facilitator associates and/or employees shall not perform Project services
while under the influence of drugs or alcohol, and if discovered, may be reported to the
appropriate law enforcement agency.
(f) The use of tobacco of any kind on property or premises of the County shall comply with
County policies.
(g) No consent by either party to, or waiver of, a breach by either party, whether express or
implied, shall constitute a consent to, waiver of, or excuse of any. other, different, or
subsequent breach by either party. No term or provision of this Speaker Contract 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.
(h) The parties agree that facsimile and electronic signatures shall have the same force and
effect as original signatures.
(i) The terms of this Speaker Contract are not severable. If any provision of this Speaker
Contract or the application of this Speaker Contract to any person or circumstance shall
be invalid, illegal, or unenforceable to any extent,the remainder of this Speaker Contract
and the application this Speaker Contract shall not be enforceable.
(j) This Speaker Contract shall be binding upon and inure to the benefit of the parties'
successors in interest,heirs and assigns.
(k) The parties do not intend,and nothing in this Speaker Contract shall be construed to mean,
that any provision in this Speaker Contract is for the benefit of any person or entity who
is not a party.
(1) This Speaker Contract may be executed in one or more counterparts, each of which shall
be deemed an original, and all of which counterparts together shall constitute the same
instrument which may be sufficiently evidenced by one counterpart. Execution of this
Speaker Contract at different times and places by the parties shall not affect the validity
of this Speaker Contract, so long as all the parties execute a counterpart of this Speaker
Contract.
(m)The parties agree that this Speaker Contract has been negotiated at arms-length, with the
assistance and advice of competent, independent, legal counsel.
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(n) This Speaker Contract shall be binding upon and inure to the benefit of the parties'
successors in interest, heirs and assigns.
(o) Notwithstanding any provisions of this Speaker Contract to the contrary,to the extent any
record, including any electronic, audio, paper or other media, is required to be kept or
indexed as a public record in accordance with the Washington Public Records Act,
Chapter 42.56 RCW (as may be amended), Facilitator 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. Facilitator also agrees that
upon receipt of any written public record request, Facilitator shall, within two business
days, notify the County by providing a copy of the request per the notice provisions of
this Speaker Contract.
(p) Facilitator shall, in performing the services contemplated by this Speaker Contractor,
faithfully observe and comply with all federal, state, and local laws, ordinances and
regulations, applicable to the services to be rendered under this Speaker Contract.
11.ENTIRE SPEAKER CONTRACT AND NOTICE:
(a) This Speaker Contract and Purchase Order (if applicable) constitutes the entire Speaker
Contract between the parties.
(b) Any requirements that the County comply with terms, provisions, or directions of any
Speaker Contracts, indentures, declarations of trust, etc., shall only be binding if the
specific terms of the same are made known to and agreed to by the County, in writing by
the persons listed below, in advance of the Speaker Contract execution or are made part
of this Speaker Contract prior to the signing of the Speaker Contract by the County.
(c) This Speaker Contract may be modified or amended in writing signed by authorized
signatories of the Facilitator and the County.
12.EXECUTED CONTRACT SIGNATURE:
The undersigned represents that they are a representative authorized to sign on behalf of the
party indicated and to enter into this Speaker Contract.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
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The parties have agreed to and executed this Speaker Contract as of the dates indicated below:
JEFFERSON COUNTY WASHINGTON BEHAVIORAL HEALTH SOLUTIONS LLC
Board of County Commissioners
Jefferson County,Washington
By: By: Z7- 7SVt'1 d L
Kate Dean, Chair Date Dr.Heather Wisdom
By: Title: CEO and Owner
Greg Brotherton, Commissioner Date
Date: 5/22/24
By:
Heidi Eisenhour, Commissioner Date
SEAL:
ATTEST:
Carolyn Galloway,CMC Date
Clerk of the Board
Approved as to/form only:
+/
f 05/15/2024 for
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
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