HomeMy WebLinkAboutCONSENT re Psychological evals for juveniles Consent Agenda
Juvenile Services
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
To: Board of County Commissioners
From: Shannon Burns,Juvenile Court Administrator
Agenda Date: f ,
1 ,
Subject: Personal Service Agreement between Joseph Jensen, PhD, STOP and
Jefferson County Juvenile Services
STATEMENT OF ISSUE:
Agreement to provide evaluation and treatment services to a youth who are under the
jurisdiction of Juvenile Service and sentenced under the disposition alternative SSODA
(Special Sex Offender Alternative.) Our CJS Block Grant provides funds up to $16,415.00.
ANALYSIS:
This Agreement reflects our intent to use CJS Block Grant funds to support services for
youth sentenced to a SSODA conditions and treatment, not to exceed$16, 415.00 which is
included in our CJS Block Grant funding.
ALTERNATIVES:
N/A
FISCAL IMPACT:
Juvenile Services has ongoing funding in my budget through DCYF and the CJS Block
Grant for these services.
RECOMMENDATION:
That the Board approve the agreement and sign 3 originals.
Approved by:
/i//e''�' .� �►r
Mark McCaule V ountyAdministrator Da e
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Jefferson County and Joseph Jensen, PhD Contract No: 4-2025
Contract For: Psychological Evaluations and Sex Offender Treatment Term: 1, 2025-October 30, 2026
COUNTY DEPARTMENT: Juvenile and Family Court Services
Contact Person: Shannon Burns
Contact Phone: 360-385-9190
Contact email: sburns@co.jefferson.wa.us i1
\j PROCESS: —
AMOUNT: Not to exceed$16,415.00 — Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: $16,415.00 Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
Fund # RFP or RFQ
Munis Org/Obj JU52710-410121-JJSE Other: Sole Source
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES CO LIANCE WIT CC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: ■' N/A: ' 7z7 ZS
� 3
Signature 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: ri N/A: 9111J ' Cz?/) .3 27 2
Signature I Date
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
Electronically approved by Risk Management on 4/3/2025.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 4/3/2025.
Approved as to form. Made edit to BoCC signature lines. Date of contract
lists 2023 and needs to be updated.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
1
PROFESSIONAL SERVICES AGREEMENT
Between
Jefferson County Juvenile and Family Court Services
And
Joseph Jensen, PhD, SOTP
THIS AGREEMENT, made and entered into this 3 day of _-pii , 2025,
between the County of Jefferson, acting through the Jefferson County Commissioners and the
Department of Juvenile and Family Services and Thomas Sherry, Sole Proprietor. The period of
this Agreement shall be from April 1, 2025 through October December 31, 2028. In
consideration of the mutual benefits, terms and conditions specified below.
1. Project Designation. The Contractor will provide for the statutory level of assessment and
amenability for juvenile sex offenders sentenced under the Special Sex Offender
Disposition Alternative ("SSODA") option. The provider will conduct treatment
evaluations, develop recommendations and treatment plans for court-involved youth
sentenced under the SSODA deposition alternative. The contractor, if appropriate, will
provide individual, family, and/or group treatment, and report progress periodically to
designated juvenile probation staff. The provider will measure ongoing risk to the
community and testify in court as required relative to youth's success or failure.
2. Scope of Services.
a. Provide Counseling specific and treatment for youth sentenced under the SSODA
disposition alternative and under the jurisdiction of Jefferson County Juvenile and
Family Court.
b. Where group counseling is appropriate and available the contractor will provide
group sessions and/or individual and family sessions as needed. Frequency of
meetings, whether group or individual are offered, is up to the Contractor based on
the individual risk and need of the juvenile. The treatment will incorporate the
curriculum that is known to be best practices for sexually aggressive youth and be
designed using Cognitive Behavioral Treatment. The curriculum will address offense
clarification, boundaries, consent, triggers, victim empathy/restoration, and relapse
prevention as well as any other topics the treatment provider may deem necessary. To
insure clinical requirements to model fidelity, the therapist will:
• Apply and perform the concepts, precepts, and practices within the above scope per
their licensing requirements.
• Contractor agrees to maintain current licensing and certification with Chapter 246-
930 WAC.
• Provision of services will be culturally appropriate for the youth and families
served.
• Contractor agrees to provide for two (2) annual polygraph exams for each client in
treatment, as and if needed.
Professional Services Agreement/Thomas Sherry/2025
Page 1 of 13
c. Youth shall be under the jurisdiction of the Jefferson County Juvenile Court during
the intervention. To assist in this supervision, the Contractor must share all pertinent
information with the Jefferson County Juvenile Services Case Manager/Juvenile
Court Administrator(JCA). Pertinent information includes treatment progress such
as:
• Contractor agrees to submit written quarterly reports for each client, in a timely
fashion, to Jefferson County Juvenile Court, PO Box 1220, Port Townsend WA
98368. The reports shall reference treatment plan, dates of attendance, compliance
of respondent, treatment activities, and progress in treatment.
• Sessions will be at an agreed setting by the youth/family and therapist.
• Therapist will inform the Juvenile Court of the community resources the youth and
family may need.
• Therapist will share with the youth, caregivers and Juvenile Court Final Outcome
Measures.
d. Contractor shall notify and obtain written approval of the Juvenile Court
Administrator prior to any changes in subcontractors performing services pursuant to
this Agreement.
3. Time for Performance. This Agreement shall commence on April 1, 2025 and continue
through December 31, 2028. Work performed consistent with this Agreement during its
term, but prior to the adoption of this Agreement, is hereby ratified.
4. Payment. The Contractor shall be paid by the County for completed work and for
services rendered under this Agreement as follows:
a. The Contractor shall submit Invoice Voucher to Jefferson County Juvenile Services
no more than monthly for services provided.
b. The maximum annual amount of compensation paid under the Contract by the County
shall not exceed $16,415. The description for compensation for services is provided
in Attachment A: Compensation, which is incorporated herein by reference.
c. The County shall pay the Contractor upon acceptance of the Invoice
Voucher. The invoice shall describe and document the following:
(1) Date and time period of service(s) performed;
(2) Name of juvenile(s); and
(3) Description of work performed; individual or group session and phase of
treatment.
c. Payment shall be considered timely if made by The County within 30 days
after receipt of the properly completed invoice.
Professional Services Agreement/Thomas Sherry/2025
Page 2 of 13
d. The Contractor accepts The County's payment as sole and complete
payment for the services provided under this Agreement.
e. The County shall not reimburse the Contractor for authorized services not
provided to clients, or for services provided which are not authorized or
provided in accordance with Section 2. Statement of Work or Section 4. Payment.
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 related to this contract.
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.
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
Professional Services Agreement/Thomas Sherry/2025
Page 3 of 13
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. Insurance. Prior to commencing work, the Contractor shall obtain at its own cost and
expense the following insurance coverage specified below and shall keep such coverage
in force during the terms of the Agreement.
a. Commercial General Liability Insurance in an amount not less than a single limit
of one million dollars ($1,000,000) per occurrence and an aggregate of not less
than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily
injury, including death and property damage, unless a greater amount is specified
in the contract specifications. The insurance coverage shall contain no limitations
on the scope of the protection provided and include the following minimum
coverage:
i. Broad Form Property Damage, with no employee exclusion;
ii. Personal Injury Liability, including extended bodily injury;
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.
b. Professional Liability Insurance. The Contractor shall maintain professional
liability insurance against legal liability arising out of activity related to the
performance of this Agreement, on a form acceptable to Jefferson County Risk
Management in the amounts of not less than $1,000,000 Each Claim and
$2,000,000 Aggregate. The professional liability insurance policy should be on an
"occurrence" form. If the professional liability policy is "claims made," then an
extended reporting periods coverage (tail coverage) shall be purchased for three
(3) years after the end of this Agreement, at the Contractor's sole expense. The
Contractor agrees the Contractor's insurance obligation to provide professional
liability insurance shall survive the completion or termination of this Agreement
for a minimum period of three (3) years.
c. The County shall be named as an"additional named insured" under all insurance
policies required by this Agreement, except Professional Liability Insurance when
not allowed by the insurer.
d. Such insurance coverage shall be evidenced by one of the following methods: (a)
Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of
Credit from a qualified financial institution.
e. The Contractor shall furnish the County with properly executed certificates of
insurance that, at a minimum, shall include: (a) The limits of overage; (b) The
Professional Services Agreement/Thomas Sherry/2025
Page 4 of 13
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 Juvenile and Family Services PO Box 1220, Port Townsend,
WA 98368, and, (d) A statement that the insurance policy shall not be canceled or
allowed to expire except on thirty (30) days prior written notice to the County.
If the proof of insurance or certificate indicating the County is an "additional
insured" to a policy obtained by the Contractor refers to an endorsement (by
number or name) but does not provide the full text of that endorsement, then it
shall be the obligation of the Contractor to obtain the full text of that endorsement
and forward that full text to the County. Certificates of coverage as required by
this section shall be delivered to the County within fifteen (15) days of execution
of this Agreement.
f. Failure of the Contractor to take out or maintain any required insurance shall not
relieve the Contractor from any liability under the Agreement, nor shall the
insurance requirements be construed to conflict with or otherwise limit the
obligations concerning indemnification of the County.
g. The Contractor's insurers shall have no right of recovery or subrogation against
the County (including its employees and other agents and agencies), it being the
intention of the parties that the insurance policies, with the exception of
Professional Liability Insurance, so affected shall protect both parties and be
primary coverage for all losses covered by the above-described insurance.
h. Insurance companies issuing the policy or policies shall have no recourse against
the County (including its employees and other agents and agencies) for payment
of any premiums or for assessments under any form of policy.
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 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.
k. Insurance companies issuing the Contractor's insurance policy or policies shall
have no recourse against the County (including its employees and other agents
and agencies) for payment of any premiums or for assessments under any form of
insurance policy.
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
Professional Services Agreement/Thomas Sherry/2025
Page 5 of 13
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 insurance, withhold payment or compensation that
would otherwise be due to the Contractor.
o. The Contractor's liability insurance provisions shall be primary and
noncontributory with respect to any insurance or self-insurance programs
covering the County, its elected and appointed officers, officials, employees, and
agents.
p. Any failure to comply with reporting provisions of the insurance policies shall not
affect coverage provided to the County, its officers, officials, employees, or
agents.
q. The Contractor's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
r. The Contractor shall include all subcontractors as insured under its insurance
policies or shall furnish separate certificates and endorsements for each
subcontractor. All insurance provisions for subcontractors shall be subject to all
the requirements stated herein.
s. The insurance limits mandated for any insurance coverage required by this
Agreement are not intended to be an indication of exposure nor are they
limitations on indemnification.
t. The Contractor shall maintain all required insurance policies in force from the
time services commence until services are completed. Certificates, insurance
policies, and endorsements expiring before completion of services shall be
promptly replaced. All the insurance policies required by this Agreement shall
provide those thirty (30) days prior to cancellation, suspension, reduction or
material change in the policy, notice of same shall be given to the Jefferson
County Juvenile Services Director by registered mail, return receipt requested.
u. The County reserves the right to request additional insurance on an individual
basis for extra hazardous contracts and specific service agreements.
Professional Services Agreement/Thomas Sherry/2025
Page 6 of 13
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
breach of this Agreement. The Contractor assumes responsibility for and all
liability for the actions and quality of services performed by any subcontractor.
Professional Services Agreement/Thomas Sherry/2025
Page 7 of 13
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 Juvenile Services 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/Thomas Sherry/2025
Page 8of13
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 Juvenile and Family
Attn: Shannon Burns, Director
PO Box 1220
Port Townsend, WA 98368
Notices to Contractor shall be sent to the following address:
Joseph Jensen, PhD
Psychologist
3501 NW Lowell St#201
Silverdale, WA 98383
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
Professional Services Agreement/Thomas Sherry/2025
Page 9 of 13
the right of appeal from such decisions of the Superior Court in accordance with the laws
of the State of Washington.
The Contractor hereby consents to the personal jurisdiction of the Superior Court of the
State of Washington for Jefferson County.
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 Counterparts. The parties agree that separate copies of this Agreement may
be signed by each of the parties and this Agreement shall have the same force and effect
as if all the parties had signed the original.
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
Professional Services Agreement/Thomas Sherry/2025
Page 10 of 13
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.
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 subcontractors, or volunteers used by the Contractor
shall submit to a 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 youth 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;
DATED this day of , 2023.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Professional Services Agreement/Thomas Sherry/2025
Page 11 of 13
SIGNATURE PAGE
JEFFERSON COUNTY WASHINGTON
BOARD OF COUNTY COMMISSIONERS
Heidi Eisenhour, Chair
Name of Contractor(Please print) Heather Dudley-Nollette, Member
(Signature) Greg Brotherton, Member
Title
Date
Attest:
Carolyn Gallaway, Date
Clerk of the Board
Approved as t/orm Only:
'- for 04/03/2025
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
Professional Services Agreement/Thomas Sherry/2025
Page 12 of 13
Attachment A: Compensation
Payment to the Contractor shall be made at the following rates and amounts:
Assessments $1,275 each
Quarterly Report Preparation $100 per hour
Individual/Family Counseling $100 per hour
Group Counseling $45 per hour
Polygraph Exams (Historical) $250 each
Polygraph Exams (Annual) $150 each
Other services if requested by the Juvenile Department $150 per hour
Payment shall not exceed sixteen thousand, four hundred fifteen dollars ($16,415) annually
under this contract.
County will not make payment to the Contractor for treatment of a client for whom the
Contractor, partner, or an affiliate did the assessment unless the Juvenile Department
determines it is appropriate and has given prior approval. In no case will the County make
payment for treatment services initialed or provided prior to sentencing.
Payments shall be made by Jefferson County to Thomas Sherry, usually within thirty (30)
days of the receipt of the correctly completed documents requesting and supporting
demand for payment, subject to:
1. The availability of funds disbursed by the State of Washington, Department of Social
and Health Services; and/or
2. Failure of the Contractor to comply with the terms of this Contract shall give the
County the right to withhold payment under this Contract.
The Contractor shall submit monthly billings to the Jefferson County Juvenile Department
at PO Box 1220, Port Townsend, Washington (Attention: Sasha Coker), within fifteen (15)
days following the last day of the previous month. The County reserves the right to
withhold payment for any claim not submitted for payment within fifteen (15) days following
the termination of this Contract.
Professional Services Agreement/Thomas Sherry/2025
Page 13 of 13