HomeMy WebLinkAboutCONSENT Amend 2 re Substance treatment in jail JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley,County Administrator
FROM: David Fortino
DATE: January 21,2025
SUBJECT: Contract Amendment#2—Believe in Recovery - Residential Substance Abuse
Treatment in Prisons and Jails
STATEMENT OF ISSUE:
Modifies Reimbursements and Scope of work to the Residential Substance Abuse Treatment in Prisons and
Jails—Believe in Recovery agreement to reflect the updated funding and work requirements in the HCA
RSAT contract amendment and HCA MOUD/MAUD contract.
ANALYSIS:
This subrecipient agreement in conjunction with the agreement WA State Health Care Authority continues
the Residential Substance Abuse Treatment program, and expands MOUD/MAUD services at the Jefferson
County Jail, providing an opportunity for incarcerated individuals to engage in inpatient treatment services
locally, and gain a head start on their road to recovery.
FISCAL IMPACT:
Total compensation not to exceed $272,339.00
RECOMMENDATION:
Approve Contract Amendment- Contract Amendment#2—Believe in Recovery - Residential Substance
Abuse Treatment in Prisons and Jails
REVIEWED BY:
OV", /'- G -
Mark McC4Aey, County Administ r Date
CONTRACT REVIEW FORM Clear Fora,
(7NSTRUC NONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Believe in Recovery LLC Contract No: RSAT-BIR-2
Contract For: PROFESSIONAL SERVICES CONTRACT for MOLD/MALD in Jails Term: 1 year
COUNTY DEPARTMENT: Jefferson County Sheriffs Office
Contact Person: David Fortino
Contact Phone: 360-344-9743
Contact email: dfortmo®co fefferson wa us
AMOUNT: $272.339.00 PROCESS: Exempt from Bid Process
Revenue: N/A Cooperative Purchase
Expenditure: N/A Competitive Sealed Bid
Matching Funds Required: NSA Small Works Roster
Sources(s)of Matching Funds Vendor List Bid
Fund # oo1-18o-000 RFP or RFQ
Munis Org/Obj oo1-18o-000 Other: State Grant
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: [i] N/A: �_�/
fgnature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: a N/A:
Signature ate
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 1/15/2025.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 1/9/2025.
Amendment No. 2 (original can be yearly renewed up to 4 times through
09/2026). Original contract needs to be updated with Contract No.
JCS020211101.
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
AMENDMENT #2 TO THE SUBCONTRACT FOR PREOFESSIONAL SERVICES
BETWEEN JEFFERSON COUNTY AND BELIEVE IN RECOVERY LLC
This Amendment is made and entered into by and between Jefferson County Washington ("County"),
and Believe in Recovery LLC ("Subcontractor") (collectively "the Parties").
WHEREAS, the Parties have entered into a certain professional services agreement ("the
Agreement"), effective October 1, 2021;
WHEREAS,the Parties have agreed to extend the partnership, with Reimbursements
adjustment, and Subcontractor's Obligations modification; and
WHERAS, the Parties now desire to amend said Agreement upon the terms and conditions
stated herein.
NOW,THEREFORE,the Parties, intending to be legally bound hereby, mutually agree as follows:
1. Reimbursements. total reimbursements for fiscal year 2024-2025 to Subcontractor by County
under this Agreement shall not exceed $272,339.00 including any allowable expenses for
services provided under this Agreement without express written amendment signed by both
parties to this Agreement. Funding in subsequent years, if extended, may be adjusted based on
funding made available through the HCA Agreements.
a. Work performed for HCA Grant K4880-5 between September 30, 2024 and the
execution of this Agreement that is consistent with the provisions of this Agreement is
hereby ratified.
2. Processional Services by Subcontractor:
a. All Work Required by the HCA Contracts and Amendments K4880-5 and K8167. All work
required by the HCA Contracts and Amendments K4880-5 and K8167, true and correct
copies of which are attached as APPENDIX A (HCA Contracts).
b. Coordinating work in section 2.a of this amendment with the iails medical provider to
ensure all necessary medical care (EKG, Labs, Medication reconciliation.) of incarcerated
individuals are being met.
This Amendment is effective as of September 30, 2024. All other terms and conditions of the original
Agreement (as modified from time to time) shall remain in full force and effect unless otherwise
amended as provided in the Agreement.
SIGNATURE PAGE
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
�to L� �.d►--vGL.l.�-t
Sieve in Recovery LLC. Gabbie Caudill Heidi Eisenhour, Chair
Contractor Representative(Please print) Heather Dudley-Nollette, Member
(Signature) Greg Brotherton, Member
CCU { !) i a-e C Ve"oz— ATTEST:
Title
Date
Carolyn Galloway Date
Clerk of the Board
Approved as to orm only:
Z1// for 01/09/2025
Philip C. Hunsucker Date
Chief Civil Deputy Prosecutor
AMENDMENT#1 TO THE SUBCONTRACT FOR PREOFESSIONAL SERVICES
BETWEEN JEFFERSON COUNTY AND BELIEVE IN RECOVERY LLC
This Amendment is made and entered into by and between Jefferson County Washington ("County"),
and Believe in Recovery LLC("Subcontractor") (collectively"the Parties").
WHEREAS,the Parties have entered into a certain professional services agreement("the
Agreement"),effective October 1, 2021;
WHEREAS,the Parties have agreed to extend the partnership,with Reimbursements
adjustment;and
WHERAS,the Parties now desire to amend said Agreement upon the terms and conditions
stated herein.
NOW,THEREFORE,the Parties, intending to be legally bound hereby, mutually agree as follows:
1. Reimbursements.total reimbursements for fiscal year 2023-2024 to Subcontractor by County
under this Agreement shall not exceed$194,250.00,including any allowable expenses for
services provided under this Agreement without express written amendment signed by both
parties to this Agreement. Funding in subsequent years, if extended, may be adjusted based on
funding made available through the HCA Agreement.
a. Work performed between September 30, 2023 and the execution of this Agreement
that is consistent with the provisions of this Agreement is hereby ratified.
2. Processional Services by Subcontractor:
a. All Work Required by the HCA Contracts and Amendments. All work required by the HCA
Contracts and Amendments,a true and correct copy of which is attached as APPENDIX A
(HCA Contract).
This Amendment is effective as of September 30, 2023.All other terms and conditions of the original
Agreement(as modified from time to time) shall remain in full force and effect unless otherwise
amended as provided in the Agreement.
SIGNATURE PAGE
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Believe in Recovery LLC.Gabbie Caudill K Dean,/tbe,
Contractor Representative(Please print) Heidi Ei nho ,Member
ignature)
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,.0 1k ON C�a4
Title ii ;V �N
Date ,�j;. AZ ,
�''•,,0F WAS
"LU M u w 121� L
Carolyn Gali6way Date
Clerk of the Board
Approved as to form only:
� r+
v
+ December 7,2023
Philip C. Hunsucker Date
Chief Civil Deputy Prosecutor
SUBCONTRACT FOR PROFESSIONAL SERVICES
BETWEEN
JEFFERSON COUNTY
AND
BELIEVE IN RECOVERY LLC
This Subcontract for Professional Services Between Jefferson County and Believe in Recovery LLC.
(this Agreement) is made and entered into between Jefferson County (COUNTY) and Believe in
Recovery LLC. (SUBCONTRACTOR) for provision of Residential Substance Abuse Treatment
(RSAT) for incarcerated individuals in the COUNTY's jail pursuant to by Contract # K4880 for
Residential Substance Abuse Treatment (HCA Contract), between the COUNTY and the
Washington Health Care Authority(HCA).
1T IS AGREED UPON BY THE PARTIES AS FOLLOWS:
A. TERM OF THIS AGREEMENT
The tern of this Agreement is from October 1,2021 through September 30,2022.This contract may
automatically renew, subject to funding, for successive periods of one (1) year each unless either
party has given the other notice of termination not less than sixty(60)days prior to the then current
expiration date. In no event shall there be more than four (4) renewals without the execution of a
new Contract.
B. TERMINATION
(1) Should a party default in providing services under this Agreement or materially breach
any of its provisions, the other party may terminate this Agreement upon ten(10)days
written notice. A party shall have the right and opportunity to cure any such material
breach within the ten(10)day period.
(2) The COUNTY may terminate this Agreement upon immediate notice to
SUBCONTRACTOR in the event that the funding for the project ceases or is reduced in
amount. SUBCONTRACTOR will be reimbursed for services expended up to the date
of termination.
(3) This Agreement may be terminated without cause at any time by either party subject to a
sixty (60)day advance written notice of such termination to the other party.
(4) Termination of this Agreement shall not constitute a breach of this Agreement.
C. PROFESSIONAL SERVICES BY SUBCONTRACTOR
Professional services to be provided by SUBCONTRACTOR shall include:
(1) All Work Required by the I(CA Contracts.All work required by the HCA Contracts,a true
and correct copy of which is attached as APPINI)IX 13 (HCA Contract).
(2) Financial and Program Management: SUBCONTRACTOR will maintain an
administrative/organizational structure that clearly defines responsibilities; systems and
personnel to maintain accounting records that accurately reflect all program revenues and
expenditures; prepare monthly statements of activity; maintain appropriate client service
records and progress reports; and track key program performance indicators.
(3) Perform All Subcontractor Obligations. In addition to the above,SUBCONTRACTOR shall
fulfill all of SUBCONTRACTOR Obligations listed below.
D. SUBCONTRACTOR'S OBLIGATIONS
SUBCONTRACTOR shall fulfill the following obligations:
(1) SUBCONTRACTOR shall fulfill all the requirements of the HCA Contract.
(2) SUBCONTRACTOR shall comply with all state and federal requirements regarding the
confidentiality of participant records.
(3) SUBCONTRACTOR shall have written policies regarding sexual harassment and non-
discrimination(said policies must guarantee human/civil rights);regarding a person's right
to privacy, regarding safeguarding personal information and abuse of participants;
regarding agency medication procedure; regarding respectful staff-to-participant
interactions (i.e.: including a person's right to be treated with dignity and respect free of
abuse).
(4) SUBCONTRACTOR shall have a grievance policy that:
• Negotiates conflicts and advises participants of grievance procedures;
• Is explained to participants;
• Prohibits retaliation for using the grievance process;
• Includes a non-retaliation statement;
• Assures that advocates are available and encourages participants to bring advocates to
help negotiate;
• Includes a mediation process that promotes the use of someone who is unaffected by
the outcome if conflicts remain unresolved;and,
• Includes a process for tracking and reporting grievances.
(5) SUBCONTRACTOR shall comply with all applicable federal, state and local regulations.
(6) SUBCONTRACTOR shall comply with all applicable Jefferson County jail policies.
(7) SUBCONTRACTOR shall track and analyze incident reports for potential trends and
patterns.
(8) SUBCONTRACTOR shall maintain access to current emergency contact and medical
information(medications, diet,allergies, etc.) for each participant.
(9) SUBCONTRACTOR shall provide the following:
(a) Equal Access: SUBCONTRACTOR will assures equal access to persons who do not
speak or have a limited ability to speak, read, or write English well enough to
understand and communicate effectively.
Believe in Recovery L.I.C. Contract 2020-2021 Page 2 of 13
(b) Qualified Stall'. SUBCONTRACTOR will provide adequate,qualified staff with skills
and experience in evaluation, training, supervision, counseling and support of adults
with developmental disabilities who are earning wages, per the attached Statement of
Work. SUBCONTRACTOR will assure that all direct service staff are trained, and
that training is documented. SUBCONTRACTOR will provide COUNTY with
information regarding staff qualifications upon request.
E. DEBARMENT
By signing this Agreement, SUBCONTRACTOR certifies that it is not presently debarred,
suspended,proposed for debarment,declared ineligible, or voluntarily excluded in any Washington
State or Federal department or agency from participating in transactions (debarred).
SUBCONTRACTOR agrees to include the above requirement in any and all subcontracts into which
it enters, and also agrees that it will not employ debarred individuals. SUBCONTRACTOR must
immediately notify the COUNTY if, during the term of this Agreement, SUBCONTRACTOR
becomes debarred. The COUNTY may immediately terminate this Agreement by providing
SUBCONTRACTOR written notice,if SUBCONTRACTOR becomes debarred during the term of
this Agreement.
F. FEDERAL FUNDING ACCOUNTABILITY& TRANSPARENCY ACT(FFATA)
(1) This Agreement is supported by federal funds that require compliance with the Federal
Funding Accountability and Transparency Act (FFATA or the Transparency Act). The
purpose of the Transparency Act is to make information available online so the public can
see how federal fiends are spent.
(2) To comply with the act and be eligible to enter into this Agreement, SUBCONTRACTOR
must have a Data Universal Numbering System (DUNS(X) number. A DUNS® number
provides a method to verify data about your organization. If SUBCONTRACTOR does not
already have one, a DUNS® number is available free of charge by contacting Dun and
Bradstreet at www.dnb.com.
(3) Information about SUBCONTRACTOR and this Agreement will be made available on
www.uscontractorregistration.com by HCA as required by P.L. 109-282. FICA's
Attachment 3: Federal Funding Accountability and Transparency Act Data Collection
Form,is considered part of this Agreement and must be completed and returned along with
the Agreement.
G. FUNDING WITHDRAWN,REDUCED OR LIMITED
If the COUNTY determines in its sole discretion that the funds it relied upon to establish this
Agreement have been withdrawn, reduced or limited, or if additional or modified conditions are
placed on such funding after the effective date of this Agreement but prior to the normal completion
of this Agreement,then the COUNTY,at its sole discretion,may: (1)Terminate this agreement;(2)
Renegotiate this Agreement under the revised funding conditions; or, (3) Suspend
SUBCONTRACTOR's performance under this Agreement upon five (5) business days' advance
notice to SUBCONTRACTOR,if the COUNTY determines that there is a reasonably likelihood that
the funding insufficiency may be resolved in time to allow SUBCONTRACT's performance to
resume prior to the nonnal completion date of this Agreement.
Believe in Recovery UC. Contract 2020-2021 Page 3 of 13
H. REIMBURSEMENTS
(1) Total reimbursements for fiscal year 2021-2022 to SUBCONTRACTOR by COUNTY
under this Agreement shall not exceed$146,000.00,including any allowable expenses for
the services provided under this Agreement without express written amendment signed by
both parties to this Agreement. Funding in subsequent years, if extended, may be adjusted
based on funding made available through the HCA Agreement.
(2) For said services rendered under this Agreement, COUNTY shall reimburse
SUBCONTRACTOR pursuant to this Agreement and the HCA Agreement.
(2) Work performed between September 30,2021 and the execution of this Agreement that is
consistent with the provisions of this Agreement is hereby ratified.
(3) SUBCONTRACTOR will bill COUNTY monthly in arrears and on a monthly basis, on or
before the 5th day of the month, for units of service provided under this Agreement.
SUBCONTRACTOR will submit a Monthly Services Report for its billings.At no time shall
the invoices for reimbursement be submitted more than 60 calendar days following the last
day of the month for which the services were provided without COUNTY approval.
(4) COUNTY may, at its option, withhold reimbursement for any month for which required
reports and/or invoices have not been received,or are not accurate and/or complete,or for
contractual non-compliance issues.
I. OVERPAYMENTS OR ERRONEOUS PAYMENTS TO SUBCONTRACTOR
If overpayments or erroneous payments have been made to SUBCONTRACTOR under this
Agreement, the COUTNY will provide notice to SUBCONTRACTOR and SUBCONTRACTOR
shall refund the full amount of the overpayment within thirty (30) calendar days of the notice. If
SUBCONTRACTOR fails to make timely refund,the COUNTY may charge SUBCONTRACTOR
one percent(1%)per month on the amount due, until paid in full.
J. RECORDS AND DOCUMENTS REVIEW
(1) SUBCONTRACTOR must maintain books, records, documents, magnetic media, receipts,
invoices or other evidence relating to this Agreement and the performance of the services
rendered, along with accounting procedures and practices, all of which sufficiently and
properly reflect all direct and indirect costs of any nature expended in the performance of
this Agreement. At no additional cost,these records,including materials generated under this
Agreement, are subject at all reasonable times to inspection, review, or audit by HCA, the
Office of the State Auditor, and state and federal officials so authorized by law, rule,
regulation, or agreement [See 42 USC 1396a(a)(27)(B); 42 USC 1396a(a)(37)(B); 42 USC
1396a(a)(42(A);42 CFR 431, Subpart Q;and 42 CFR 447.202].
(2) SUBCONTRACTOR must retain such records for a period of six(6)years after the date of
final payment under this Agreement.
(3) If any litigation, claim or audit is started before the expiration of the six(6)year period,the
records must be retained until all litigation, claims, or audit findings involving the records
have been resolved.
Believe in Recovery LLC. Contract 2020-2021 Page 4 of 13
K. RIGHTS OF STATE AND FEDERAL GOVERNMENTS
In accordance with 45 C.F.R. 95.617, all appropriate state and federal agencies, including but
not limited to the Centers for Medicare and Medicaid Services(CMS),will have a royalty-free,
nonexclusive, and irrevocable license to reproduce, publish, translate, or otherwise use, and to
authorize others to use for Federal Government purposes: (i) software, modifications, and
documentation designed,developed or installed with Federal Financial Participation(FFP)under
45 CFR Part 95,subpart F;(ii)the Custom Software and modifications of the Custom Software,
and associated Documentation designed,developed,or installed with FFP under this Agreement;
(iii)the copyright in any work developed under this Agreement;and(iv)any rights of copyright
to which SUBCONTRACTOR purchases ownership under this Agreement.
L. COMPLIANCE WITH SUBRECIPIENT REQUIREMENTS FROM GRANT
(1) General. In accordance with 2 CFR 200.501 and 45 CFR 75.501, SUBCONTRACTOR
shall:
(a) Maintain records that identify, in its accounts, all federal awards received and expended
and the federal programs under which they were received,by Catalog of Federal
Domestic Assistance(CFDA)title and number, award number and year, name of the
federal agency, and name of the pass-through entity;
(b) Maintain internal controls that provide reasonable assurance that SUBCONTRACTOR is
managing federal awards in compliance with laws,regulations,and provisions of
contracts or grant agreements that could have a material effect on each of its federal
programs;
(c) Prepare appropriate financial statements, including a schedule of expenditures of federal
awards;
(d) Incorporate OMB Super Circular 2 CFR 200.501 and 45 CFR 75.501 audit requirements
into all agreements between SUBCONTRACTOR and its subcontractors who are
subrecipients;
(e) Comply with any future amendments to OMB Super Circular 2 CFR 200.501 and 45
CFR 75.501 and any successor or replacement Circular or regulation;
(f) Comply with the applicable requirements of OMB Super Circular 2 CFR 200.501 and 45
CFR 75.501 and any future amendments to OMB Super Circular 2 CFR 200.501 and 45
CFR 75.501,and any successor or replacement Circular or regulation;and,
(9) Comply with the Omnibus Crime Control and Safe Streets Act of 1968,Title VI of the
Civil Rights Act of 1964,Section 504 of the Rehabilitation Act of 1973,Title 11 of the
Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972,
The Age Discrimination Act of 1975, and The Department of Justice Non-Discrimination
Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39.
(Go to http://ojp.gov/about/offiices/ocr.litm for additional information and access to the
aforementioned Federal laws and regulations.)
(2) Single Audit Act Compliance. If SUBCONTRACTOR expends $750,000 or more in
federal awards from any and/or all sources in any fiscal year, SUBCONTRACTOR will
Believe in Recovery 11C. Contract 2020-2021 Page 5 of 13
procure and pay for a single audit or a program-specific audit for that fiscal year. Upon
completion of each audit, SUBCONTRACTOR will:
(a) Submit to the Authority contact person the data collection form and reporting package
specified in OMB Super Circular 2 CFR 200.501 and 45 CFR 75.501,reports required by
the program-specific audit guide(if applicable), and a copy of any management letters
issued by the auditor;
(b) Follow-up and develop corrective action for all audit findings; in accordance with OMB
Super Circular 2 CFR 200.501 and 45 CFR 75.501, prepare a"Summary Schedule of
Prior Audit Findings."
(3) Overpayments. If it is determined by HCA or the COUNTY,or during the course of a
required audit, that SUBCONTRACTO has been paid unallowable costs under this or any
Program Agreement, SUBCONTRACTOR will refund the full amount to FICA as
provided in Section 1. OVERPAYMENTS OR ERRONEOUS PAYMENTS TO
SUBCONTRACTOR.
M. RISK ASSESSMENT AND MONITORING FOR COMPLIANCE BY THE
COUNTY.
(1) SUBCONTRACTOR shall immediately report to the COUNTY any failure to perform under
this Agreement.
(2) Along with every request for reimbursement under this Agreement, SUBCONTRACTOR
shall submit a Monitoring Certification using the form attached as Appendix A for purposes
of the COUNTY performing the risk assessment of SUBCONTRACTOR and compliance
monitoring of this Agreement that is required of the County by I-ICA.
N. GENERAL TERMS AND CONDITIONS
(1) SUBCONTRACTOR'S relation to the COUNTY shall at all times be that of independent
SUBCONTRACTOR. Any and all employees of SUBCONTRACTOR, or other persons
engaged in the performance of any work or service required of SUBCONTRACTOR under
this Agreement, shall be considered employees of SUBCONTRACTOR only, and any
claims that may arise on behalf of or against said employees shall be the sole obligation
and responsibility of SUBCONTRACTOR.
(2) SUBCONTRACTOR shall not subcontract or assign any of the services covered by this
Agreement without the express written consent of the COUNTY. Subcontracting and
assignment does not include printing or other customary reimbursable expenses that may
be provided in an Agreement.
(3) SUBCONTRACTOR, by signature to this Agreement,certifies that SUBCONTRACTOR
is not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participating in this Agreement, or any Agreement by any
Federal department or agency. SUBCONTRACTOR also agrees to include the above
requirement to all subcontracts into which it enters.
(4) SUBCONTRACTOR shall obtain and keep in force during the terms of this Agreement,
or as otherwise required, the following insurance with companies or through sources
approved by the State Insurance Commissioner pursuant to Chapter 48:05 RCW:
Believe in Recovery U,C. Contract 2020-2021 Page 6 of 13
(a) Worker's compensation and employer's liability insurance. SUBCONTRACTOR
will participate in the Worker's Compensation and Employer's Liability Insurance
Program as may be required by the State of Washington;
(b) Commercial Automobile Liability or Business Use Insurance providing bodily
injury and property damage liability coverage for all owned and non-owned
vehicles assigned to or used in the performance of the work for a combined single
limit of not less than$1,000,000 each occurrence with the COUNTY named as an
additional insured in connection with SUBCONTRACTOR'S performance of this
Agreement.
(c) General Commercial Liability Insurance in an amount not less than a single limit
of two million dollars ($2,000,000.00)per occurrence and an aggregate of not less
than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily
injury, including death and property damage, unless a greater amount is specified
in HCA Contract specifications. The insurance coverage shall contain no
limitations on the scope of the protection provided and include the following
minimum coverage:
(i) Broad Form Property Damage, with no employee exclusion
(ii) Personal Injury Liability,including extended bodily injury
(iii) Broad Form Contractual/Commercial Liability - including completed
operations
(iv) Premises-Operations Liability (M&C)
(v) Independent Contractors and Subcontractors
(vi) Blanket Contractual Liability
(5) All employees or subcontractors of SUBCONTRACTOR who are required to be
professionally certified by the State in the performance of services under this Agreement
shall maintain professional liability insurance/error and omissions liability insurance in the
amount of not less than one million dollars($1,000,000). In no case shall such professional
liability to third parties be limited in any way.
(6) It shall be the responsibility of SUBCONTRACTOR to insure that any and all persons
engaged in the performance of any work or service required of SUBCONTRACTOR under
this Agreement, shall comply with the same insurance requirements that
SUBCONTRACTOR is required to meet.
(7) Failure on the part of SUBCONTRACTOR to maintain the insurance as required shall
constitute a material breach of contract upon which the COUNTY may, after giving five
working days' notice to SUBCONTRACTOR to correct the breach,immediately terminate
this Agreement or, at its discretion,procure or renew such insurance and pay any and all
premiums in connection therewith, with any sums so expended to be repaid to the
COUNTY on demand, or at the sole discretion of the COUNTY,offset against funds due
SUBCONTRACTOR from the COUNTY.
Believe in Recovery LLC. Contract 2020-2021 Page 7 of 13
(8) All cost for insurance shall be considered incidental to and included in the unit contract
prices and no additional payment will be made.
(9) Excepting the Workers Compensation insurance and any professional liability insurance
secured by SUBCONTRACTOR, the COUNTY will be named on all certificates of
insurance as an additional insured. SUBCONTRACTOR shall furnish the COUNTY with
verification of insurance and endorsements required by this Agreement. The COUNTY
reserves the right to require complete, certified copies of all required insurance policies at
any time.
(10) All insurance shall be obtained from an insurance company authorized to do business in
the State of Washington. SUBCONTRACTOR shall submit a verification of insurance as
outlined herein within 14 days of the execution of this Agreement to the COUNTY. All
insurance policies obtained by SUBCONTRACTOR shall be primary to any equivalent or
applicable policies held by the COUNTY. All insurance policies obtained by
SUBCONTRACTOR shall include a waiver of subrogation rights. Any self-insured
retention, deductible or risk retention maintained, or participated in, by the COUNTY
coverage for third-party liability claims provided to the county, shall be excess and shall
be non-contributory to the insurance policies provided by SUBCONTRACTOR in order to
comply with the insurance requirements of this Subcontract. All policies provided by
SUBCONTRACTOR in order to comply with the insurance requirements of this
Subcontract must be endorsed to show this primary coverage.
(11) The COUNTY will pay no progress payments under this Agreement until
SUBCONTRACTOR has fully complied with this section. This remedy is not exclusive;
and the COUNTY may take such other action as is available to them under other provisions
of this Agreement,or otherwise in law.
(12) Nothing in the foregoing insurance requirements shall prevent the COUNTY,at its option,
from additionally requesting that SUBCONTRACTOR deliver to the COUNTY an
executed bond as security for the faithful performance of this Agreement and for payment
of all obligations of SUBCONTRACTOR.
(13) It is understood and agreed that this Agreement is entered into in the State of Washington.
This Agreement shall be governed by and construed in accordance with the laws of the
United States, the State of Washington and the County of Jefferson, as if applied to
transactions entered into and to be performed wholly within Jefferson County, Washington
between Jefferson County residents. No party shall argue or assert that any state law other
than Washington law applies to the governance or construction of this Agreement.
(14) Should either party bring any legal action, each party in such action shall bear the cost of
its own attorney's fees and court costs. The venue for any legal action shall be solely in the
appropriate state court in Jefferson County, Washington, subject to the venue provisions
for actions against counties in RCW 36,01.050.
(15) SUBCONTRACTOR shall comply with the WA State Department of Labor and Industries
Minimum Wage Act, Chapter 49.46 RCW, acknowledging persons with disabilities
participating in job assessments are not considered employees.
(16) SUBCONTRACTOR shall indemnify and hold the COUNTY, and its officers, officials,
employees, agents and volunteers (and their marital communities)harmless from and shall
process and defend at its own expense,including all costs,attorney fees and expenses relating
Believe in Recovery LLC. Contract 2020-2021 Page 8 of l3
thereto, all claims,demands,or suits at law or equity arising in whole or in part,directly or
indirectly,from SUBCONTRACTOR'S negligence or breach of any of its obligations under
this Agreement; provided that nothing herein shall require a SUBCONTRACTOR to
indemnify the COUNTY and its officers,officials,employees,agents and volunteers(and
their marital communities) against and hold them harmless from claims, demands or suits
based solely upon the conduct of the COUNTY, its officers, officials, employees, agents
and volunteers (and their marital communities), and provided further that if the claims or
suits are caused by or result from the concurrent negligence of-
(a) SUBCONTRACTOR'S agents or employees;and,
(b) The COUNTY, its officers, officials, employees, agents and volunteers (and their
marital communities), this indemnity provision with respect to: (i) claims or suits
based upon such negligence, or (ii) the costs to the COUNTY of defending such
claims and suits, etc., shall be valid and enforceable only to the extent of
SUBCONTRACTOR'S negligence or the negligence of SUBCONTRACTOR'S
agents or employees.
(c) SUBCONTRACTOR specifically assumes potential liability for actions brought
against the COUNTY by SUBCONTRACTOR'S employees, including all other
persons engaged in the performance of any work or service required of
SUBCONTRACTOR under this Agreement and, solely for the purpose of this
indemnification and defense, SUBCONTRACTOR specifically waives any
immunity under the state industrial insurance law, Title 51 RCW.
SUBCONTRACTOR recognizes that this waiver was specifically entered into
pursuant to provisions of RCW 4.24.115 and was subject of mutual negotiation.
(d) The provisions of this section shall survive the expiration or termination of this
Agreement.
(17) SUBCONTRACTOR shall not discriminate against any person presenting themselves for
services based on race,religion,color,sex,age,or national origin.
(18) No portion of this Agreement may be assigned or subcontracted to any other individual,firm,
or entity without the express and prior written approval of COUNTY.If the COUNTY agrees
in writing that all or a portion of this Agreement may be subcontracted to a third-party,then
any contract or agreement between SUBCONTRACTOR and a third-party subcontractor
must contain all provisions of this Agreement and the third-party subcontractor must agree
to be bound by all terms and obligations found in this Agreement.
(19) This Agreement memorializes the entire agreement of the parties. No representation or
promise not expressly contained in this Agreement has been made. The parties are not
entering into this Agreement based on any inducement, promise or representation,
expressed or implied,which is not expressly contained in this Agreement. This Agreement
supersedes all prior or simultaneous representations, discussions, negotiations, and
agreements,whether written or oral,within the scope of this Agreement.
(20) SUBCONTRACTOR is responsible for meeting all terms and conditions of this Agreement
including standards of service,quality of materials and workmanship,costs,and schedules.
Failure of a subcontractor to perform is no defense to a breach of this Agreement.
SUBCONTRACTOR assumes responsibility for and all liability for the actions and quality
of services performed by any subcontractor. F,very subcontractor must agree in writing to
Believe in Recovery LLC. Contract 2020-2021 Page 9 of 13
follow every term of this Agreement. SUBCONTRACTOR must provide every
subcontractor's written agreement to follow every term of this Agreement before the
subcontractor can perform any services under this Agreement. The head of the County
department primarily responsible for overseeing SUBCONTRACTOR'S performance
under this Agreement or that department head's designee must approve any proposed
subcontractors in writing. Any dispute arising between SUBCONTRACTOR and any
subcontractors or between any subcontractors must be resolved without involvement of
any kind on the part of the COUNTY and without detrimental impact on the delivery of
contracted goods or services.
(21) While performing services, the use of illegal drugs, alcohol, or controlled substances on
the COUNTY property or premises is strictly prohibited. SUBCONTRACTOR'S
employees shall not perform services while under the influence of drugs or alcohol,and if
discovered, may be reported to the appropriate law enforcement agency.
(22) The use of tobacco of any kind on property or premises of the COUNTY shall comply with
COUNTY policies.
(23) Any form of harassment, discrimination, or improper fraternization with any County
employee or a participant is strictly prohibited.
(24) No consent by either party to, or waiver of, a breach by either party, whether express or
implied, shall constitute a consent to, waiver of, or excuse of any other, different, or
subsequent breach by either party. No term or provision of this Agreement will be
considered waived by either party, and no breach excused by either party, unless such
waiver or consent is in writing signed on behalf of the party against whom the waiver is
asserted. Failure of a party to declare any breach or default immediately upon the
occurrence thereof, or delay in taking any action in connection with, shall not waive such
breach or default.
(25) The terms of this Agreement are not severable. If any provision of this Agreement or the
application of this Agreement to any person or circumstance shall be invalid, illegal, or
unenforceable to any extent, the remainder of this Agreement and the application this
Agreement shall not be enforceable.
(26) This Agreement shall be binding upon and inure to the benefit of the parties' successors in
interest, heirs and assigns.
(27) The parties do not intend, and nothing in this Agreement shall be construed to mean, that
any provision in this Agreement is for the benefit of any person or entity who is not a party.
(28) This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, and all of which counterparts together shall constitute the same
instrument which may be sufficiently evidenced by one counterpart. Execution of this
Agreement at different times and places by the parties shall not affect the validity of this
Agreement, so long as all the parties execute a counterpart of this Agreement.
(29) The parties agree that facsimile and electronic signatures shall have the same force and
effect as original signatures.
(30) The parties agree that this Agreement has been negotiated at arms-length, with the
assistance and advice of competent, independent legal counsel.
Believe in Recovery LLC. Contract 2020-2021 Page (0 of 13
(31) Notwithstanding any provisions of this Agreement to the contrary,to the extent any record,
including any electronic, audio, paper or other media, is required to be kept or indexed as
a public record in accordance with the Washington Public Records Act, Chapter 42.56
RCW (as may be amended), SUBCONTRACTOR agrees to maintain all records
constituting public records and to produce or assist the COUNTY in producing such
records,within the time frames and parameters set forth in state law. SUBCONTRACTOR
also agrees that upon receipt of any written public record request, SUBCONTRACTOR
shall, within two business days, notify the COUNTY by providing a copy of the request
per the notice provisions of this Agreement.
(32) All notices or other communications which any party desires or is required to give shall
be given in writing and shall be deemed to have been given if hand-delivered, sent by
facsimile,email, or mailed by depositing in the United States mail,prepaid to the party at
the address listed below or such other address as a party may designate in writing from
time to time. Notices to the COUNTY shall be sent to the following address:
Jefferson County Jail
81 Elkins Rd,
Port Hadlock, WA 98339
Notices to SUBCONTRACTOR shall be sent to the following address:
Gabbie Cauldill
Believe in Recovery LLC.
211 Taylor St Suite 20
Port Townsend, WA 98368
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Believe in Recovery LLC. Contract 2020-2021 Page I 1 of 13
I'irefox ,ihouLblanl
ADOPTED Tgts NJ✓P e� .202i
BOARD OF COU MZ'Y COMMISSION&M Believe In Recovery LLC.
.IRIYERSUN COUNTY,WASNIIYGTON
I/�S 2 BY: 4 � _
By: nc:
Kate hair DATE Tile: Ad M i n i do- .✓rl[rC.
DATE: 11-4-20 ZI
By, 11115121
rcg therton.Commissioner DATE
BT. VQ , f' IS/t/
kcidi Fisenhour. :ommimiona DATE
SEAL:
ATTEST:
rJA4
t amlyp VdInway DATE
Clerk of ft Board
Approved as to farm only:
r �
C !� November 1.2021
Philip C.Hunsucker DATE
Chief Civil Deputy Prosecuting Attormy
Believe In Recovery LLC. Contract 2020.2021 Page 12 of 13
I of I I I g 2021 3 `? 111%1
APPENDIX A—COMPLIANCE; AND RISK MONITORING FORM
This Compliance and Risk Monitoring Form shall be submitted along with every request for
reimbursement.
HCA CONTRACT NO:
DATE:
NAME OF SUBCONTRACTOR:
By signing below, I declare under penalty of perjury of the laws of the State of Washington and
the United States that the forgoing is true and correct. (Check the applicable boxes.)
DATE _ CERTIFICATION ITEM YES NO
SUBCONTRACTOR has not been suspended,debarred or
otherwise excluded from any federal or state contract
SUBCONTRACTOR is providing all written reports and
date re uired by the Agreement
SUBCONTRACTOR has provided any audit report
received by it from any government agency since the last
certification
SUBCONTRACTOR certifies that all of the deliverables
and other work required since the last certification have
been completed
All the work being billed for in the invoice actually has
been performed, including any timesheet or other backu
SUBCONTRACTOR agrees to submit to an audit within
_ 30 days of a request from the COUNTY or HCA
SUBCONTRACTOR has corrected any deficiencies
_ identified since the last certification
SUBCONTRACTOR SIGNATURE DATE
WRITTEN NAME OF PERSON SIGNING CERTIFICATION
APPROVED BY COUNTY:
COUNTY APPROVALS IGNATURE DATE
WRITTEN NAME OF PERSON APPROVING CERTIFICATION
Believe in Recovery LLC. Contract 2020-2021 Page 13 of 13