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Professional services contract for CJTA-funded treatment with Cascade Mental Health BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LEWIS COUNTY, WASHINGTON IN RE. Approve Professional Services Contract for CJTA ) Funded treatment between Cascade Mental Health ) and Lewis County ) Resolution No 19- '--1$ WHEREAS, the Board of County Commissioners (BOCC), Lewis County, Washington, has reviewed Contract #CO2-0061-19 between Lewis County and Cascade Mental Health for the period of July 1, 2019, through June 30 2020 AND WHEREAS, funding is available to perform Criminal Justice Treatment Account (CJTA) substance abuse treatment to individuals who are incarcerated in the Lewis County Jail in the amount of $54 000, AND WHEREAS, it appears to be in the best public interest to authorize the execution of said contract for Lewis County, NOW, THEREFORE BE IT RESOLVED that the Professional Services Contract for CJTA treatment between Cascade Mental Health and Lewis County in the amount of $54,000 from July 1, 2019 through June 30 2020 is hereby approved and the Director of Public Health & Social Services is authorized to sign the same DONE IN OPEN SESSION this :50 ` day of 2' 10&- �� , 2019 APPROVED AS TO FORM BOARD OF COUNTY COMMISSIONERS Jonath Meyer, Prosecuting Attorney 7 W , COUNTY, WASH GTON /41!_if 4/4 Ai( As______ By Cullen Gatten Robert C Jackson, Chair Deputy Prosecuting Attorney ialill--f ATTEST Gary Sta per, Vice Chair kI ,g�s 4a� l COUIVTk�o p`m-- ' � . ' �• Edna J Fund, C missioner kiGti/tbL ieva Lester, Clerk of t�1�',�oard °� �s�1 i in SINCE \ • 4'4 tO 1845 Iz• •�' ��1 c/. *• `- c.Afmis, �4e ® • 0N'slscGG•• 360 NW North Street Public Health & Social Services Chehalis WA 98532 1 LEWIS COUNTY {t'u;htugtorn 5 First County Professional Services Contract Contract# CO2—0061 - 19 Contract Name. Cascade Mental Health CJTA Preamble 1 Purpose This contract is entered into between Lewis County,hereinafter called County, and Cascade, hereinafter called Contractor, for the purpose of providing substance use assessments and treatment to individuals who are incarcerated in Lewis County Jail 2 Parties Each party to this contract shall have a contract representative empowered to enter into this contract on behalf of their party Each party may change its representative upon providing wntten notice to the other party The parties' Contract Representatives for this contract are For the County Contract Officer Alison Puckett (360) 740-1430 alison puckett a,lewiscountywa.gov For the Contractor Contract Representative Matt Patten (360) 330-9044 pattenmAcascadementalhealth.org 3 Authorization Only the Lewis County Board of County Commissioners, Director of Lewis County Public Health & Social Services, or its designated Contract Officer identified herein, shall have the expressed, implied, or apparent authority to alter, amend,modify, or waive any clause or condition of this contract. Furthermore, any alteration, JP Anderson, M S W Interim Director 0 360 740 1223 F 360 740 1438 TDD 360 740 1480 Rachel Wood, MD MPH Health Officer Professional Services Contract CO2-0061 19 July 2019-June 2020 amendment,modification, or waiver of any clause or condition of this contract is not effective or binding unless made in writing and signed by the Lewis County Board of County Commissioners, Director of Lewis County Public Health & Social Services, or its Contract Officer 4 Contract Term The term of this contract shall commence and terminate as stated in Exhibit A Statement of Work and Reporting Requirements attached hereto 5 Contractor Representation Contractor represents by signing this contract that it is qualified and possesses the necessary capabilities and sufficient skills, including technical and professional skills where required and has the necessary licenses and certifications to perform the services set forth in this contract 6 Mutually Negotiated County and Contractor acknowledge and by signing this contract agree that this contract has been mutually negotiated and agreed to by both parties Page 2 of 23 Professional Services Contract CO2-0061 19 July 2019 June 2020 Signatures The terms and conditions of this contract, including all attachments and subsequent amendments, constitute the entire and exclusive understanding between the parties Except as provided for in section 23 of this contract,no other understandings, writings, and communications, oral or otherwise,regarding the subject matter of this contract shall exist to bind the parties The parties signing below represent they have read and understand this contract, and have the authority to execute this contract NOTE. In accordance with Resolution 16-344, this contract is subject to approval by the Lewis County Board of County Commissioners if the total dollar value identified in Exhibit B equals or exceeds $40,000 in one calendar year The Lewis County Board of County Commissioners delegates contract approval authority to the Director of Lewis County Public Health& Social Services if the total dollar value identified in Exhibit B is less than $40,000 in any calendar year, subject to all provisions in Resolution 16-344 For the County Lewis County Public Health& Social Services 360 NW North Street Chehalis, WA 98532 �,�,[� County signature Z3 I Q64..N. �..---- JP Anderson, MSW Public Health& Social Services Interim Director Date q, ftk 1 o\ For the Contractor Cascade Mental Health 2428 W Reynolds Ave Centralia,WA 98531 . ,..v* Contractor signature Richard - 'de President and CEO, Cascade Mental Health Date f9 Approved as to Form Jonathan i" - er Attest .„,•••,,_ • co uN • Prosec ! Attorney ••aM1siy•• By. ii/► j/e4..........._) ' i SINCE : ame (Clerk of the Board) • Ig I o; (title) .: ‘1-,)\ 1845 I*• •. rrs ta ,• ••.•.. Page 3 of 23 Professional Services Contract CO2-0061 19 July 2019-June 2020 Table of Contents Preamble . . 1 1 Purpose 1 2 Parties 1 3 Authonzation 1 4 Contract Term 2 5 Contractor Representation 2 6 Mutually Negotiated 2 Signatures 3 General Terms and Conditions 6 1 Scope of Contractor's Services 6 2 Accounting and Payment for Contractor Services 6 3 Assignment and Subcontracting 6 4 Independent Contractor 6 5 No Guarantee of Employment 7 6. Taxes 7 7 Regulations and Requirements 8 8 Public Records Law 8 9 Nondiscnmination 8 10 Political Activity Prohibited 8 11 Right to Review 8 12 Modifications 9 13 Termination. 9 14 Termination for Default 9 15 Termination for Public Convenience . 9 16 Suspension of Performance and Resumption of Performance .10 17 Termination Procedures 10 18 Defense and Indemnity Agreement . .11 19 Insurance Coverage . . . . .. 11 20 Resolution of Conflicts . .. .. .. .11 21 Disputes, Venue and Choice of Law .. ... ... .....11 22 Records Maintenance 12 23 Contractor Commitments,Warranties and Representations ... ... .. .12 24 Recapture . .. . ... 12 Page 4 of 23 Professional Services Contract CO2-0061-19,July 2019-June 2020 25 Patent/Copynght Infringement . . . . 12 26 Ownership and Use of Items Produced 13 27 Confidentiality 13 28 Ethics/Conflicts of Interest .. . 13 29 Information System Secunty 14 30 Protection of Personal Information 14 31 Certification of Work 14 32 Contract Amendments 14 33 Notice 14 34 Debarment Certification 14 35 Severability 15 36 Conformance 15 37 Waiver 15 38 Survival 15 39 Entire Agreement 15 Special Terms and Conditions 16 S-1 Allowable Costs 16 S-2 Treatment of Assets 17 Exhibit A Statement of Work and Reporting Requirements 18 Exhibit B Budget, Invoicing, and Contractor Payment 19 1 Budget Detail 19 2 Compensation 19 3 Invoice Timeframe 19 4 Eligible Use of Funds 19 5 Duplicate Payment 19 6. Audit .19 7 Future Non-Allocation of Funds 20 8 Errors and Omissions Uncompensated .. .21 Exhibit C Insurance Coverage . . . ... .22 1 Commercial General Liability Insurance Policy ...22 2 Fidelity Insurance.... .. . . .. ....22 3 Industrial Insurance Waiver . . . . ...23 4 Volunteer Medical Protection.. .... . . . .. .... . . .. . ..... ... . .23 Page 5 of 23 Professionai Services Contract CO2-0061 19 July 2019 June 2020 General Terms and Conditions 1 Scope of Contractor's Services The Contractor agrees to provide to the County services, reports, and any material set forth in Exhibit A. Statement of Work and Reporting Requirements during the contract term No material, labor, or facilities will be furnished by the County unless otherwise provided for in this contract 2. Accounting and Payment for Contractor Services Payment to the Contractor for services rendered under this contract shall be as set forth in Exhibit B Budget, Invoicing and Contractor Payment attached hereto Unless specifically stated in Exhibit B or approved in writing in advance by the Contract Officer for this contract, the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract The Contractor acknowledges that the entire compensation for this contract is specified in Exhibit B and the Contractor is not entitled to any County benefits including, but not limited to, vacation pay,holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to Lewis County employees 3. Assignment and Subcontracting Unless otherwise provided for in this contract, no portion of this contract may be assigned or subcontracted to any other individual, form, or entity without the express and prior written approval of the Contract Officer Should the Contractor wish to subcontract, assign or delegate any or all of its rights or duties hereunder, it shall tender a detailed written request to the Contract Officer Unless the Contractor receives written authorization to subcontract, assign, or delegate within 30 days, its request shall be deemed to have been denied If the County approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts The County, in its sole discretion, in writing may (a) require the Contractor to amend its subcontracting procedures as they relate to this contract, (b)prohibit the Contractor from subcontracting with a particular person or entity, or (c)require the Contractor to rescind or amend a subcontract 4. Independent Contractor The Contractor's services shall be furnished by the Contractor as an independent Contractor and nothing herein shall be construed to create a relationship of agent, employee, or servant of the County The Contractor specifically has the right to direct and control Contractor's own activities m providing the agreed services in accordance with the specifications set out in this contract The Contractor shall have and maintain complete responsibility and control over all of its subcontractors, employees, agents, and representatives No subcontractor, Page 6 of 23 Professional Services Contract CO2-0061-19,July 2019-June 2020 employee, agent, or representative of the Contractor shall be or deem to be or act or purport to act as an employee, agent, or representative of the County The Contractor shall assume full responsibility for the payment of all payroll taxes, use, sales, income, or other form of taxes, fees, licenses, excises, or payments required by any city, county, state or federal legislation which is now or may during the term of this contract be enacted as to all employees, agents or representatives of the Contractor and as to all duties, activities, and requirements by the Contractor in performance of the work on this project The Contractor shall assume full responsibility for ensuring all staff members hired or subcontracted under this contract are eligible to work according to all applicable state and federal laws Background checks(RCW 43 43, WAC 388-877&388-877B) (1) The contractor shall ensure a criminal background check is conducted for all staff members, case managers, outreach staff members, etc Or volunteers who have unsupervised access to children, adolescents, and vulnerable adults, and persons who have developmental disabilities (2) When providing services to youth, the Contractor shall ensure that requirements of WAC 388-06-0170 are met 5 No Guarantee of Employment The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee an employment of the Contractor or any employee, agent or representative of the Contractor or any subcontractor,or any employee, agent or representative of any subcontractor by the County at the present time or in the futures 6. Taxes The Contractor understands and acknowledges that the County will not withhold federal or state income taxes Where required by state or federal law,the Contractor authorizes the County to make withholding for any taxes other than income taxes All compensation received by the Contractor will be reported to the Internal Revenue Service and Washington State Department of Revenue in accordance with federal and state regulations The Contractor is solely liable for any tax obligation arising from the Contractor's performance of this contract The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this contract. The County will pay sales and use taxes imposed on goods and services acquired hereunder as required by law. The Contractor shall pay all other taxes including,but not limited to, Business and Occupation Tax,taxes based on the Contractor's gross or net income,or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax Page 7 of 23 Professional Services Contract CO2-0061-19,July 2019-June 2020 7. Regulations and Requirements This contract shall be subject to all laws, rules, and regulations of the United States of America,the State of Washington, and political subdivisions of the State of Washington, and to any other provisions set forth in Special Terms and Conditions 8. Pubhc Records Law The Contractor shall assist the County in fulfilling all obligations of the County under the Washington Public Records Act (chapter 42 56 of the Revised Code of Washington) In the event that the Contractor fails to fulfill its obligations pursuant to this section and due in whole or in part to such failure a court of competent jurisdiction imposes a penalty upon the County for violation of the Public Records Act, Contractor shall indemnify the County for that penalty, as well as for all costs and attorney fees incurred by the County in the litigation giving rise to such a penalty The obligations created by this section shall survive the termination of this contract 9 Nondiscrimination The Contractor or any employee, agent or representative of the Contractor or any subcontractor shall not discriminate against any person in the performance of this contract in the performance of any of its obligations hereunder on the basis of race, color, creed, ethnicity,religion,national origin, age, sex,marital status, veteran or military status, sexual orientation or the presence of any disability Implementation of this provision shall be consistent with Section 49 60 400 of the Revised Code of Washington The Contractor must comply with the American with Disabilities Act of 1990, Public Law 101-336,including but not limited to protection to individuals with disabilities in the areas of employment,public accommodations, state and local government services, and telecommunications 10 Political Activity Prohibited None of the funds provided under this contract shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office or ballot measure However, no person engaged to perform such services pursuant to this contract shall be precluded from devoting income derived from such services to any lawful political activity, or to the support of a candidate for public office or of a ballot measure 11. Right to Review This contract is subject to review by any federal or state auditor The County or its designee shall have the right to review and monitor the financial and service components of this contract by whatever means are deemed expedient by the Contract Officer. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by County agents or employees,inspection of all records or other materials which the County deems pertinent to the contract and Page 8 of 23 Professional Services Contract CO2-0061-19,July 2019-June 2020 its performance, and any and all communications with or evaluations by service recipients under this contract 12. Modifications Either party may request changes in the contract Any and all agreed modifications shall be in writing, signed by each of the parties 13. Termination Either party may terminate this contract upon 30 days' prior written notification to the other party If this contract is so terminated, the parties shall be liable only for performance rendered or costs incurred m accordance with the terms of this contract prior to the effective date of termination 14. Termination for Default If the Contractor defaults by failing to perform any of the obligations of this contract or becomes insolvent, or is declared bankrupt or commits any act of bankruptcy or msolvency or makes an assignment for the benefit of creditors, the County may,by depositing written notice to the Contractor in the U S mail,postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere Any extra cost of damage to the County resulting from such default(s) shall be deducted from any money due or coming to the Contractor Any remaimng deficiency shall be payable to the County by the Contractor The Contractor shall bear any extra expenses incurred by the County m completing the work, as may be applicable under Exhibit A, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default If notice of termination for default has been issued and it is later determined for any reason that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof 15 Termination for Public Convenience The County may terminate the contract in whole or in part whenever the County determines, in its sole discretion,that such termination is in the interests of the County Whenever the contract is terminated in accordance with this paragraph,the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work The County shall make a reasonable, equitable adjustment in the contract price for partially completed items of work,but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work Termination of this contract by the County at any time during the term, whether for default or convenience, shall not constitute a breach of contract by the County Page 9 of 23 Professional Services Contract CO2-0061-19,July 2019-June 2020 16. Suspension of Performance and Resumption of Performance In the event of government closure, suspension or limitation of funding in any way after the effective date of this contract and prior to normal completion, the County may give notice to the Contractor to suspend performance as an alternative to termination The County may elect to give written notice to the Contractor to suspend performance when the County determines that there is a reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow performance to be resumed prior to the end date of this contract Notice may include notice by facsimile or email to the Contractor's Representative The Contractor shall suspend performance on the date stated in the written notice to suspend During the period of suspension of performance, each party may inform the other of any conditions that may reasonably affect the potential for resumption of performance Notice may be contingent upon the occurrence or non-occurrence of a future event, e.g the failure of the State of Washington to pass a budget by a date specified in the notice When the County determines that the funding insufficiency is resolved, the County may give the Contractor written notice to resume performance and a proposed date to resume performance Upon receipt of written notice to resume performance, the Contractor will give written notice to the County as to whether it can resume performance, and, if so,the date upon which it agrees to resume performance If the Contractor gives notice to the County that it cannot resume performance, the parties agree that the contract will be terminated retroactive to the original date of suspension of performance If the date the Contractor gives notice it can resume performance is not acceptable to the County,the parties agree to discuss an alternative acceptable date If an alternative date is not acceptable to the County, the parties agree that the contract will be terminated retroactive to the ongmal date of suspension of performance If the funding issue is not resolved, the County may terminate the contract under the "Termination for Convenience" clause 17 Termination Procedures After receipt of a notice of termination, except as otherwise directed by the County, the Contractor shall n Stop work under the contract on the date and to the extent specified in the notice, ii Place no further orders or subcontracts for materials, services, or facilities related to the contract; in Assign to the County all of the rights, title, and interest of the contractor under the orders and subcontracts so terminated, in which case the County has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt by the Contractor to settle such claims must have the prior written approval of the County;and iv Preserve and transfer any materials,contract deliverables and/or County property in the Contractor's possession as directed by the County. Page 10 of 23 Professional Services Contract CO2-0061 19 July 2019-June 2020 Contractor shall not place extraordinary orders or subcontracts in anticipation of receiving a notice of termination, so as to circumvent section 17 (ii) Upon termination, the County may withhold any amount due as the County reasonably determines is necessary to protect the County against potential loss or liability resulting from the termination The County shall pay any withheld amount to the Contractor if the county later determines that loss or liability will not occur The rights and remedies of the County under this section are in addition to any other rights and remedies provided under this contract or otherwise provided under law 18. Defense and Indenmity Agreement The Contractor shall defend, protect, and hold harmless the County or any officers or employees thereof, from and against all claims, suits, or action arising from any intentional or negligent act or omission of the Contractor or any employee, agent or representative of the Contractor or any subcontractor, while performing under the terms of this contract 19. Insurance Coverage The Contractor shall comply with all provisions described in Exhibit C. Insurance Coverage, attached hereto 20 Resolution of Conflicts In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order i Applicable federal and state statutes and regulations ii Special terms and conditions in Exhibits iv General terms and conditions v Any other provision of this contract whether incorporated by reference or otherwise 21 Disputes, Venue and Choice of Law The County and the Contractor agree that any disputes that arise under or relating to this contract that cannot be resolved to the satisfaction of both parties shall be submitted to mediation before either party starts litigation in any form An impartial third party acceptable to both the County and the Contractor will be appointed to mediate Should the parties be unable to agree upon a mediator, then the dispute shall be mediated through the Washington Arbitration and Mediation Service, at its Tacoma office, and in accordance with the WAMS mediation rules The County and the Contractor shall pay an equal percentage of the mediator's fees and expenses The Contractor may not use any funds received under this contract to pay mediator's Page 11 of 23 Professional Services Contract CO2-0061-19,July 2019-June 2020 fees and expenses The mediation shall be confidential in all respects, as allowed or required by law In the event that mediation does not resolve the dispute,the venue for any litigation arising under or relating to this contract shall be in the courts of the State of Washington in and for the County of Lewis This contract shall be governed by the laws of the State of Washington, excepting only the choice of law rules of the State of Washington 22 Records Maintenance The Contractor shall maintain all books,records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to, accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract Contractor shall retain such records for a period of seven(7)years following the date of final payment If any litigation, claim or audit is started before the expiration of the seven- (7) year period, the records shall be retained for a period of seven(7) years after all litigation, claims, or audit findings involving the records have been finally resolved 23. Contractor Commitments,Warranties and Representations Any written commitment received from the Contractor concerning this contract shall be binding on the Contractor,unless otherwise specifically provided herein with reference to this paragraph Failure of the Contractor to fulfill such a commitment shall render the Contractor liable for damages to the County A commitment includes,but is not limited to, any representation made prior to execution of this contract,whether or not incorporated elsewhere herein by reference, as to performance of services or equipment,process, Contractor's qualifications or experience, or options for future acquisition to remain in effect for a fixed penod or warranties 24 Recapture In the event that the Contractor fails to perform services specified in this contract in accordance with state laws, federal Iaws, and/or the provisions of this contract, the County reserves the right to recapture funds in an amount required to compensate the County for the noncompliance in addition to any other remedies available at law or in equity Repayment by the Contractor or refunds under this recapture provision shall occur within the timeframe specified by the County In the alternative,the County may recapture such funds from payments due under this contract 25 Patent/Copyright Infringement Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the County, to the extent such action is based on the claim that information, goods or documentation supplied by the Contractor infringes any patent or copyright. Contractor will pay all costs, penalties, fees, and damages Page 12 of 23 Professional Services Contract CO2-0061 19 July 2019 June 2020 attributable to any such claims that are finally awarded against the County in any action Such defense and payments are conditioned upon the following i That Contractor shall be notified promptly in writing by the County of any notice of such claim ii Contractor shall have the right,hereunder, at its option and expense,to obtain for the County the right to continue using the information in the event such claim of infringement is made, provided no reduction in performance or loss results to the County 26 Ownership and Use of Items Produced Material produced in the performance of the work under this contract shall be"works made for hire"as defined by section 201(b)the U S Copyright Act of 1976 and shall be owned by the County This material includes,but is not limited to,books, computer programs,plans, specifications, documents, films, pamphlets,reports, sound reproductions, studies, surveys, tapes, and/or training materials County ownership includes the right to copyright,patent,register, and the ability to transfer these rights All writings, programs, data,public records or other materials prepared by the Contractor or any employee, agent or representative of the Contractor or any subcontractor, in connection with the performance of this contract shall be for mutual use and shared between the Contractor and the County The County agrees that if it uses any materials prepared by the Contractor for purposes other than those intended by this contract, it does so at its sole risk and it agrees to hold the Contractor harmless therefore to the extent such use is agreed to m writing by the Contractor A copy of all or a portion of material produced shall be submitted to the County upon request or at the end of the contract using the hardware, software, or other method specified by the County at the time of such request 27 Confidentiality The Contractor or any employee, agent or representative of the Contractor or any subcontractor shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this contract, except upon prior written consent of the Lewis County Prosecuting Attorney or an order entered by a court after having acquired jurisdiction over the County Contractor shall immediately give County notice of any judicial proceeding seeking disclosure of such information Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to, settlements,judgments, setoffs, attorney's fees, and costs resulting from Contractor's breach of this provision 28 Ethics/Conflicts of Interest In performing under this contract, the Contractor shall assure compliance with the Ethics m Public Service Act(Chapter 42 52 Revised Code of Washington), and any other applicable state or federal law related to ethics or conflicts of interest. Page 13 of 23 Professional Services Contract CO2-0061 19 July 2019 June 2020 29 Information System Security The Contractor shall protect and maintain all confidential information gained by reason of this contract against unauthorized use, access, disclosure, modification or loss Personal and/or medical information collected, used or acquired in connection with this contract shall be used solely for the purposes of this contract 30 Protection of Personal Information The Contractor shall not use,publish, transfer, sell or otherwise disclose any confidential information gained by reason of this contract for any purpose that is not directly connected with the Contractor's performance of the services contemplated hereunder except as provided by law, received by the Contractor pursuant to section 8 of this contract or with the prior written consent of the individual or personal representative of the individual who is the subject of the personal information Upon request by the County or at the end of the contract term, or when no longer needed, the Contractor shall return the confidential information or certify in writing that the Contractor destroyed the information in a manner that cannot be reconstructed 31 Certification of Work All work submitted by the Contractor shall be certified by the Contractor and checked for errors and omissions The Contractor shall be responsible for the accuracy of the work, even if the work is accepted by the County 32 Contract Amendments No amendment,modification or renewal shall be made to this contract unless set forth in a written Contract Amendment, signed by both parties Work under a Contract Amendment shall not proceed until the County duly executes the Contract Amendment 33 Notice Except as set forth elsewhere in the contract, for all purposes under this contract, except service of process,notice shall be given by the Contractor to the Contract Officer, 360 NW North Street, Chehalis, WA 98532 Notice to the Contractor for all purposes under this contract will be given to the Contractor's address shown on the Signature Page attached hereto Notices and other commumcations anticipated by this contract, e.g a request to subcontract per section 3,may be hand-delivered by an agent of the party serving notice, delivered by courier(such as UPS or FedEx), or delivered by First Class Mail A notice or communication hand-delivered or delivered by courier shall be deemed to be served when it is left with an officer, agent, or employee of the party to whom notice is due A notice delivered by First Class Mail shall be deemed to be served three days(excluding Sundays and Postal Service holidays)after it is placed into a U S Postal Service collection box or left at a U S post office, providing postage has been fully prepaid 34 Debarment Certification The Contractor,by signature to this contract, certifies that the Contractor is not presently debarred, suspended,proposed for debarment, declared ineligible or Page 14 of 23 Professional Services Contract CO2-0061-19,July 2019-June 2020 voluntarily excluded from participating in this contract or any program agreement by any federal, state or local government or agency or by any special district The Contractor also agrees to include the above requirement in all subcontracts into which it enters 35. Severability If any term or condition of this contract or the application thereof to any person(s)or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application To this end, the terms and conditions of this contract are declared severable 36. Conformance If any provision of this contract violates any statute or rule of law of the state of Washington of the United States of America, it is considered modified to conform to that statute or rule of law 37. Waiver Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach No term or condition of this contract shall be held to be waived,modified or deleted except by an instrument, in writing, signed by the party granting such a waiver 38. Survival The terms and conditions contained in this contract will survive the completion, cancellation, termination or expiration of the contract 39. Entire Agreement Tlus written contract along with attached exhibits and the documents and terms incorporated herein by section 23 of this contract, represents the entire agreement between the parties Page 15 of 23 Professional Services Contract CO2-0061-19,July 2019-June 2020 Special Terms and Conditions S-1, Allowable Costs a Brief Intervention(any level, assessment not required), b Acute Withdrawal Management(ASAM Level 3 7WM), c Sub-Acute Withdrawal Management(ASAM Level 3 2WM), d Outpatient Treatment(ASAM Level 1), e Intensive Outpatient Treatment(ASAM Level 2 1), f Opioid Treatment Program (ASAM Level 1)• g Case Management(ASAM Level 1 2), h Intensive Inpatient Residential Treatment(ASAM Level 3 5), i Long-term Care Residential Treatment(ASAM Level 3 3), J Recovery House Residential Treatment(ASAM Level 3 1), k Assessment(to include Assessments done while in jail), 1 Interim Services, m Community Outreach, n. Involuntary Commitment Investigations and Treatment; o Room and Board(Residential Treatment Only), p Transportation, q Childcare Services, ✓ Urinalysis, s Recovery Support Services that may include a Employment services and job training, b Relapse prevention, c Family/marriage education, d Peer-to-peer services, mentonng and coaching, e Shelf-help and spiritual,religious support groups, f Housing support services (rent and/or deposits), g Life skills, h Education Training(e.g GED Assistance), and i Parent education and child development t Substance Use Disorder treatment in the Jail a CJTA funds may not supplement or supplant any currently funded programs that previously existed in a Jail environment b The contractor may not use more than 30%of their allocation for treatment in the Jail c If CJTA funds are utilized for these purposes, the Contractor must attempt to provide treatment with the following stipulations; i Identify and provide transition services to persons with substance use disorder, who meet the CJTA requirements as defined in RCW 71 24 580,to expedite and facilitate their return to the community; ii Continue treatment services with individuals who were engaged in community-based treatment prior to their incarceration,with the intent to complete the outpatient treatment episode, and Page 16 of 23 Professional Services Contract CO2-0061 19 July 2019 June 2020 in Initiate outpatient treatment services with individuals who will be released and transition into community-based treatment d The following treatment modalities may be provided through CJTA funding i Engaging individuals in SUD treatment, ii Screemng, assessing, and inducting individuals on MOUD, iii Referral to SUD services, iv Providing continuity of care, and v Planning for an individual's transition from Jail S-2 Treatment of Assets The Contractor shall take the following actions to secure the financial interest of the County in items purchased with funds awarded under this Contract The Contractor shall name the County as lien holder on certificates of title for motor vehicles ii A non-expendable personal property inventory report shall also be submitted to the County as required The County's interest in property purchased under this contract and prior contracts from the same funding source is automatically transferred forward to the next contract year at the close of this contract period The Contractor shall maintain records,perform mventones and maintain control systems to prevent loss,damage or theft of equipment, materials and supplies A Contractor which is a nonprofit organization shall keep property records in accordance with OMB Circular A-110, "Uniform Administrative Requirements for Grants and Agreements with Nonprofit Agencies," for all purchases funded by this contract Ili In the event of loss, destruction or damage to any property purchased under this contract,the Contractor shall notify the County and shall take all reasonable steps to protect that property from further damage Unless otherwise directed by the County,the Contractor shall surrender to the County all property purchased under this contract pnor to settlement upon completion,termination or cancellation of this contract iv The Contractor shall include these requirements in any subcontracts. Page 17 of 23 Professional Services Contract CO2-0061 19,July 2019 June 2020 Exhibit A: Statement of Work and Reporting Requirements The purpose of this Statement of Work is to detail the work to be performed by the Contractor and the methods and content for reporting progress by the Contractor in fulfilling all duties encompassed in this contract The term of this contract shall commence on 07/01/2019 and terminate on 06/30/2020 The Contractor shall administer funds awarded hereunder, to support a variety of activities, including providing substance use assessments and treatment to individuals who are incarcerated in Lewis County Jail Activities shall include,but not be limited to, the following Deliverables/Outcomes Deliverable= Task Task/Activity/Description product/document Number Service,project,product Outcome=service Reporting Requirement Due Date provided,project completion report _ 1 Substance Use Provide substance use • Total number of Monthly Assessments and treatment to individuals mdividuals served —by the Treatment who are incarcerated in • Total number of 10th of Lewis County Jail, encounters provided every including assessments, • Type of encounter month individual treatment,and being billed,broken group treatment down by participant • Name& demographic data of each participant with services billed to CJTA • Success stories or Quarterly narratives from with individuals receiving October, CJTA services(if January applicable) April and • Barriers to providing July services to the invoices Criminal Justice Population(if applicable) • Strategies to overcome the identified barriers(if applicable) • Training and Technical assistance needs Page 18 of 23 Professional Services Contract CO2-0061 19,July 2019-June 2020 Exhibit B. Budget, Invoicing, and Contractor Payment The County shall pay an amount not to exceed $54,000 to the Contractor for work as descnbed in Exhibit A, subject to conditions set forth in this Exhibit B Budget, Invoicing, and Contractor Payment 1 Budget Detail Administration $ 5,400 Substance use assessments and treatment in fail $ 48,600 TOTAL $ 54,000 2 Compensation Payment to the Contractor for services rendered under this contract shall be as set forth in Exhibit B Where Exhibit B requires payments by Lewis County, payment shall be made on a reimbursement basis, supported, unless otherwise provided in Exhibit B, by documentation of units of work actually performed (time sheets) and amounts earned, including where appropriate, the actual number of days worked each month, total number of hours for the month, and total dollar payment requested Costs allowable under this contract are actual expenditures according to an approved budget up to the maximum amount stated above The Contractor shall use federal cost principles specified in OMB Circular A-110"Cost Principles Applicable to Grants, Contracts and other Agreements"with non-profit organizations as applicable The Contractor shall include this last paragraph in any subcontracts The County may withhold reimbursement payment if the Contractor fails to submit required invoices and supportive documentation to the County The Contractor's failure to submit invoices as specified is grounds for the County to terminate the contract as provided herein 3 Invoice Timeframe The Contractor shall submit invoices to the County Contract Officer identified herein or to other such person identified by the County Contract Officer by the 10th of each month 4 Eligible Use of Funds Funding awarded under this contract may only be used for activities described in SS=1 Allowable Costs or in Exhibit A 5 Duplicate Payment The Contractor certifies that work to be performed under this contract does not duplicate any work to be charged against any other contract, subcontract or other source 6 Audit i General Requirements Page 19 of 23 Professional Services Contract CO2-0061 19 July 2019-June 2020 The Contractor is to procure audit services based on the following guidelines a. The Contractor shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractor also maintains auditable records b The Contractor is responsible for any audit exceptions incurred by its own organization or that of its subcontractor The County reserves the right to recover from the Contractor all disallowed costs resulting from the audit c As applicable, the Contractor shall be required to have an audit and must ensure all audits are performed in accordance with Generally Accepted Auditing Standards(GAAS), including,but not limited to,the Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General d Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report The Contractor must respond to County requests for information or corrective action concerning audit issues within thirty(30) days of the date of request ii State Fund Requirements Contractors expending$100,000 or more in total state funds m a fiscal year must have a financial audit as defined by Government Auditing Standards (The Revised Yellow Book) and according to Generally Accepted Auditing Standards (GAAS) The Schedule of State Financial Assistance must be included The schedule includes a Contractor agency name b State program name c BARS account number d County e County Contract number f Contract award amount including amendments (total Contract award) g Current year expenditures in If the Contractor is a state or local government entity, the Office of the State Auditor shall conduct the audit Audits of non-profit organizations are to be conducted by a certified public accountant selected by the Contractor iv The Contractor shall include the above audit requirements in any subcontracts v In all cases,the Contractor's financial records must be available for review by County 7 Future Non-Allocation of Funds If sufficient funds are not appropriated or allocated for payment under this contract for any future fiscal period,the County will not be obligated to make payments for services or amounts incurred after the end of the current fiscal period No penalty or expense shall accrue to the County in the event this provision applies Page 20 of 23 Professional Services Contract CO2-0061-19,July 2019-June 2020 8 Errors and Omissions Uncompensated In the event of any errors or omissions by the Contractor in the performance of any work required under this contract, the Contractor shall make any and all necessary corrections without additional compensation Page 21 of 23 Professional Services Contract CO2-0061 19,July 2019-June 2020 Exhibit C. Insurance Coverage The Contractor shall provide insurance coverage as set out in this Exhibit to protect the County should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the Contractor or subcontractor, or agents of either, while performing under the terms of this contract All required insurance shall be issued by an insurance company authorized to do business within the State of Washington The insurance shall name the County and tts agents, officers, and employees as additional insureds under the insurance policy All policies shall be primary to any other valid and collectable insurance The Contractor shall instruct the insurers to give the County thirty(30) calendar days advance notice of any insurance cancellation or modification The Contractor shall submit to the County within fifteen(15) calendar days of the Contract start date,proof of insurance identifying Lewis County as Primary,Non Contributory, additionally Insured, with endorsement(s) for additional insured as indicated below, which outlines the coverage and limits defined in this insurance section During the term of the Contract, the Contractor shall submit renewal certificates with endorsements not less than thirty(30) calendar days prior to expiration of each policy required under this section The Contractor shall provide insurance coverage that shall be maintained in full force and effect during the term of this Contract, as follows. 1 Commercial General Liability Insurance Policy Provide a Commercial General Liability Insurance Policy, including grant liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Contract activity but no less than $1,000,000 per occurrence Additionally,the Contractor is responsible for ensuring that any subcontractors provide adequate insurance coverage for the activities arising out of subcontracts 2 Fidelity Insurance Every officer, director, employee, or agent who is authorized to act on behalf of the Contractor for the purpose of receiving or depositing funds into program accounts or issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss i The amount of fidelity coverage secured pursuant to this Contract shall be $100,000 or the highest of planned reimbursement for the Contract period, whichever is greatest. Fidelity insurance secured pursuant to this paragraph shall name the Contractor as beneficiary ii Subcontractors that receive$10,000 or more per year in funding through this Contract shall secure fidelity insurance as noted above. Fidelity insurance secured Page 22 of 23 Professional Services Contract CO2-0061 19 July 2019 June 2020 by subcontractors pursuant to this paragraph shall name the Contractor as beneficiary 3. Industrial Insurance Waiver The Contractor shall comply with all applicable provisions of Title 51 Revised Code of Washington, Industrial Insurance If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, County may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund County may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by County under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services This provision does not waive any of L&I's rights to collect from the Contractor 4 Volunteer Medical Protection Contractor shall provide any volunteer who performs any duties related to or covered by this contract with coverage at no cost to the volunteer for immediate, short-term, and long-term medical care that substantially matches employee coverage as described in Title 51 Revised Code of Washington Page 23 of 23 Executive Summary Criminal Justice Treatment Account Funded Treatment and Recovery Support Services between Cascade Mental Health and Lewis County Public Health & Social Services Contract# CO2-0061-19 Description Lewis County Public Health & Social Services is contracting with Cascade Mental Health to provide substance use-related services for individuals who have engagement with the criminal justice system In Lewis County, the Washington Healthcare Authority's Criminal Justice Treatment Account pays for substance use treatment to individuals who are incarcerated in Lewis County Jail, including assessments, individual treatment and group treatment This contract pays for services for those who are not covered by Medicaid Recommendation Approve resolution Budget Impact Fund CJTA Funding Contract (Health Care Authority) IO4-(o 14 -000 -56 o,to-co Amount $54,000 The contract was anticipated for 2019-2020 7/t/1 9 - 6/ 8o/2O Please send copy to• Matt Patten Cascade Mental Health 2428 W Reynolds Ave Centralia, WA 98531 Submitted by. Alison Puckett BOCC AGENDA ITEMS � �‘ -- Resolution. BOCC Meeting Date. Sep 30, 2019 Suggested Wording for Agenda Item. Agenda Type Consent Approve Professional Services Contract for CJTA Funded treatment between Cascade Mental Health and Lewis County Contact JP Anderson Phone. 2787 Department Public Health and Social Services Action Needed Approve Resolution Description Lewis County PHSS contracts with Cascade Mental Health to provide substance use-related services for individuals who have engagement with the criminal justice system in Lewis County The Washington Healthcare Authority's Criminal Justice Treatment Account(CJTA) pays for substance use treatment to individuals who are incarcerated m the Lewis County Jail, including assessments, individual treatment, and group treatment This contract pays for services for those who are not covered by Medicaid #CO2-0061-19 Effective 7/1/19—6/30/20 Approvals. User Group Status ,� Anderson, JP Pendmg `3-ai'• Shepherd,Tawnt Pending Gatten, Cullen Pending C Cover LetterTo Matt Patten Cascade mental Health 2428 W Reynolds Ave Centralia,WA 98531 Additional Copies Sandi Andrus Alison Puckett Stacey Loftin Tawni Shepherd Suzette Smith