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HomeMy WebLinkAbout5433 Contract Number: 5433 Vendor: KITSAP COUNTY HUMAN SERVICES Subject: 1/lOth of lo Mental Health, Chemical Dependency and Therapeutic Courts Contract KC-206-14 Department: Police File Class: GS50-01-11 Rev. 3 General Begin Date: 9/1/2014 End Date: 6/30/2016 Review Date: 7/1/2016 Vault Date: Comments: KC-206-14A 6/8/15 4 ��� Revision 2000-09-02 KC-206-14A CFDA#:N/A CONTRACT AMENDMENT A This CONTRACT AMENDMENT is made and entered into between KITSAP COUNTY, a municipal corporation, with its principal offices at 614 Division Street, Port Orchard, Washington 98366, hereinafter "COUNTY", and , hereinafter the City of Bremerton "CONTRACTOR." In consideration of the mutual benefits and covenants contained herein, the parties agree that their Contract, numbered as Kitsap County Contract No.KC-206-14, and executed on October 27, 2014, shall be amended as follows: 1. Cover Page shall be amended to read as follows: Contract Term: September 1, 2014 —June 30, 2016 2. SECTION 1. EFFECTIVE DATE OF CONTRACT shall be amended to read as follows: The Contract will become effective on September 1, 2014 and terminate on June 30, 2016. In no event will the Contract become effective unless and until it is approved and executed by the Kitsap County Board of Commissioners. 3. ATTACHMENT B: STATEMENT OF WORK, is deleted in its entirety and replaced with the following language: Add: Item D: One, 24-hour Crisis Intervention Team Advanced Training. 4. If this Contract Amendment extends the expiration date of the Contract, then the Contractor shall provide an updated certificate of insurance evidencing that any required insurance coverages are in effect through the new contract expiration date. The Contractor shall submit the certificate of insurance to: Kitsap County Risk Management Division, 614 Division Street, MS-7, Port Orchard, WA 98366. 5. Except as expressly provided in this Contract Amendment, all other terms and conditions of the original Contract, and any subsequent amendments, addenda or modifications thereto, remain in full force and effect. � 11' `t This amendment shall be effective upon execution by the parties. DATED this�`�ay !4 , 2015. DATED this � day , 2015. CONTRACTOR KITSAP COUNTY BOARD OF � CITY OF BREMERTON COMMISSIONERS 4 Patty Len or ROBERT GEL R, Chair .. �.-� L� EDW RD E. WOL �E, Commissioner OF G��%��s ,.;, �. O.•�'�PTE���s� �}, � Q:� �;�'C ARLOTTE GAR IDO, Commissioner o : � :m ;�':� :•'c� � ATTEST: ��.,� ,,.;,� � . . ,. � , �` . ��� ��� 1 Dana Daniels, Clerk of the Board � Approved as to form by the Prosecuting Attorney's Office ;� . � ATTACHMENT B: STATEMENT OF WORK Law Enforcement Crisis Intervention Training Proiect Descrintion This project will provide funding to provide training to 324 commissioned law � enforcement officers in Kitsap County in Crisis Intervention/Triage. The training will take place between 9/1/14 —6/30/16. The training will consist of: (A) Eight, 8-hour classes of Crisis Intervention Training (1St responders). (B) Two, 40-hour Crisis Intervention Response Team training classes. (C) Four, 2-hour team meetings of the Crisis Intervention Response Team. (D) One, 24-hour Crisis Intervention team Advance Training. The goal of this project is to provide additional training to all law enforcement officers in crisis intervention and triage for the mentally ill. The training wiil provide additional training in communicating and de-escalating a subject in crisis with means other than physical or deadly force. The project will also add additional Crisis Intervention Response Officers with 40 hours of advanced training classes. The following law enforcement agencies in Kitsap County will participate in this project: • Bremerton Police Department (62 Commissioned personnel) • Kitsap County Sheriff's Office (114 Commissioned personnel) • Kitsap County Jail (83 Corrections Officers) • Port Orchard Police Department (24 Commissioned personnel) • Poulsbo Police Department (20 Commissioned personnel) • Bainbridge Island Police Department (21 Commissioned personnel) • Central Communications — CenCom (2 operators) The Contractor will be responsible for communicating with the other agencies involved in this project. The communication will be to structure the training and coordinate the instructors, times, dates and location of the training. The Project Budget Total for this project is found in Attachment C. The parties agree that the Contractor cannot control the attendance of the other agencies' personnel. Once the Contractor perForms its duties of structuring training and coordinating instructors and trainings, the County shall not withhold payment based on other agencies' lack of attendance. The Contractor shall, to the best of its ability, coordinate dates, times and locations to accommodate as many agency personnel as possible. ,,,�� � � Project� The project has been documented a proven success in other cities and counties in Washington State. This type of project has also been a success in other states. The most successful crisis intervention training and Crisis Intervention Officer Response Team concept emerged from Memphis, Tennessee. The Crisis Intervention Officer Response Team concept that emerged from Memphis has become the national standard for law enforcement response training for subjects in crisis due to mental health and or substance abuse issues. This project will utilize the Memphis Model to train law enforcement professionals to help to improve the service to the community and subjects in crisis and provide additional tools to law enforcement. Proiect Outcomes and Measurements T e outcome of this project is to provide every law enforcement officer in Kitsap County with training in crisis intervention and triage for subjects in crisis due to mental health issues, substance abuse or both and to train additional Crisis Intervention Officer Response Team members. The project training will help to decrease the physical conflicts and possible use of deadly force while trying to assist a subject in crisis due to mental illness by law enforcement officers. The county wide Crisis Intervention Officers will have scheduled meetings to discuss the outcome of contacts with subjects in crisis and different methods or learned themes that were applied to the situation. Each department will review the documented contacts with subjects in crisis due to mental illness and copies of the reports will be forwarded to the appropriate agency for review. Data collection, management, and analysis of data will be the responsibility of each individual agency once the training has been completed. The data on accomplishments of this project can be shared during regular scheduled public safety meetings and department head meetings. The City of Bremerton via its Police Department shall submit quarterly reports to the Department of Human Services detailing the progress on the training sessions and the number of law enforcement members that have completed training. Billina a�yment Contract payments to Contractor shall be requested using an invoice form, which is supplied by the County. Contractor invoices must be sent to the County by the fifteenth (15th) calendar day after the end of the month. The Contractor is authorized to receive payments in accordance with the cost reimbursable budget included under this contract. The Contractor will comply with the following standards as applicable. Reimbursement Request— Upon Completion of each month, the Contractor must provide to the County a written explanation of expenditures which are less than 90% of, or more than 115% of the year-to-date budgeted total. ,-� • � All payments to be made by the County under this contract shall be made to: City of Bremerton 1025 Burwell Street Bremerton, WA 98337 The contract shall not exceed the total amount indicated on the cover sheet of this contract and any other modifications hereof. Contract Number Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 5433 KITSAP COUNTY HUMAN SERVICES 1/lOth of lo Mental Health, Chemical Dependency and Therapeutic Courts Contract Police LEG 12-1 9/1/2014 8/31/2015 9/1/2015 Comments: C �,G'Y `V / "' t� /`�� AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Kitsap County Human Services 1/10` of 1% Mental Health, Chemical Dependency and Therapeutic Courts Contract ,�, r' Study Session Date: October 8, 2014 - COUNCIL MEETING Date: October 15, 2014 Department: Police Presenter: Pete Fisher Phone: (360) 473-5236 SUMMARY: Funding to provide training to commissioned personnel in Crisis Intervention and Triage. Training will aid law enforcement in contacting, evaluating, and assisting the large population of inentally ill which consists of all ages and genders. The proposal adds to the training of first responding law enforcement officers to help evaluate, deescalate, and obtain treatment services for subjects having mental and or substance abuse issues in the community. ATTACHMENTS: Agreement FISCAL IMPACTS (Include Budgeted Amount): Grant funding of $117,000 has been awarded to the City for this project and reimbursable at 100%. Training costs for 2014 is estimated at $40,000 and $77,000 for 2015. STUDY SESSION AGENDA: ❑ No Presentation ❑x Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑x General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the contract with Kitsap County Human Services in the amount of $117,000 and authorize the Mayor to finalize and execute the contract with substantially the same terms and conditions as presented upon acceptance of the grant funding. Further move to adjust the budget to recognize the additional revenue from Kitsap County Human Services to reimburse the City's costs for the project for 2014. COUNCIL ACTION: [�Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 KITSAP COUNTY HUMAN SERVICES 1/10 of 1% Mental Health, Chemical Dependency and Therapeutic Courts Contract Contract Number: KC-206-14 Contractor: City of Bremerton Amount: $117,700 Contract Term: Sept. 1, 2014 — Aug. 31, 2015 CFDA#: Not applicable Purpose: This project will provide funding to provide training to all 324 commissioned law enforcement officers in Kitsap County in Crisis Intervention/Triage. The training will take place between 9/1/14 — 8/31/15. The training will consist of eight eight-hour classes of Crisis Intervention Training (1 responders), finro 40-hour Crisis Intervention Response Team training classes, and four two-hour Crisis Intervention Response Team meetings. Funding will cover the cost of the instructors, facilitators, incidentals and overtime for the attending officers/deputies. This contract is made between the City of Bremerton (hereinafter "Contractor") and the Kitsap County Human Services Department (hereinafter the "County"). This notification of contract including all material incorporated by reference contains all terms and . conditions agreed to by the parties hereto. No other understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to. exist or to bind any of the parties hereto. The rights and obligations of the parties shall be subject to and governed by the terms and conditions contained herein and by the Statement of Work, General Agreement, Special Terms and Conditions, and the Budget. In the event of any inconsistency in this notification of contract including the items incorporated herein by reference, the inconsistency shall be resolved by giving precedence in the following order: (1) General Agreement; (2) Special Terms and Conditions; (3) Statement of Work; and (4) Budget. As evidenced by signatures hereon, the parties accept the terms and conditions of this contract. KC-206-City of Bremerton 9-9-14 KC-206-14 Dated this �— tlay of Dated this Z� day of ��, 2014. CONTRACTOR CITY OF BREMERTON Patty L t, ayor i O� �o�� ,\ � • / ' 1" ��. � �'� p E'o� s� ' .O O : -:�a . m � �.� , ��c� �� � �� ��P �cov��c , KITSAP COUNTY BOARD OF COMMISSIONERS N l� � ��t21=S�� ► Charlotte Garrido, Chair J � Robert Gelder, Commissioner Linda Streissguth, Commissioner ATTEST: Dana Dan els, Cler o e Boar Approved as to form by the Prosecuting Attorney's Office KC-206-City of Bremerton 9-9-14 1/10 OF 1% MENTAL HEALTI-I, CHEMICAL DEPENDENCY AOVD THERAPEUTIC COURTS CONTRACT GENERAL TERMS AND CONDITIONS SECTION 1. EFFECTIVE DATE OF CONTRACT The Contract will become effective on September 1, 2014 and terminate on August 31, 2015. In no event will the Contract become effective unless and until it is approved and executed by the Kitsap County Board of Commissioners. SECTION 2. SERVICES YO BE PROVIDED 2.1 A description of the services to be performed by the Contractor is set forth in Attachment B: Statement of Work, which is attached to the Contract. 2.2 The Contractor agrees to provide its own labor and materials. Unless otherwise provided for in the Contract, no material, labor or facilities will be furnished by the County. 2.3 2.4 The Contractor will perform the work specified in the Contract according to standard industry practice. The Contractor will complete its work in a timely manner and in accordance with the schedule agreed to by the parties. 2.5 The Contractor will confer with the County from time to time during the progress of the work. The Contractor will prepare and present status reports and other information that may be pertinent and necessary, or as may be requested by the County. SECTION 3. CONTRACT REPRESENTATIVES The County and the Contractor will each have a contract representative. A party may change its representative upon providing written notice to the other party. The parties' representatives are as follows. Contractor's Contract Representative Steven Strachan Bremerton Police Chief 1025 Burwell Street Bremerton, WA 98337 County's Contract Representative Doug Washburn, Director Kitsap County Dept. of Human Services 614 Division St., MS-23 Port Orchard, WA 98366-4676 KC-206-City of BremeAon 9-9-14 SECTIOIV 4. COMPENSATION 4.1 A description of the compensation to be paid to the Contractor is set forth in Attachment C: Budget Summary, which is attached to the Contract. 4.2 The total amount payable under the Contract by the County to the Contractor in no event will exceed $117,700. Any cost incurred by Contractor over and above the year-end sums set out in the budgets shall be at the Contractor's sole risk and expense. 4.3 Unless otherwise provided in the Contract, the Contractor may submit an invoice to the County once a month for payment of work actually completed to date. Contractor shall use the Human Services Department Contractor Invoice Form, available from the County. Subject to the other provisions of the Contract, the County generally will pay such an invoice within 30 days of receiving it. 4.4 The County will submit payments for work performed to; City of Bremerton 1025 Burwell Street Bremerton, WA 98337 4.5 The Contractor will be paid only for work expressly authorized in the Contract. 4.6 Payments shall not be construed as a waiver of the County's right to challenge the level of the Contractor's performance under this Contract and to seek appropriate legal remedies. 4.7 The Contractor will not be entitled to payment for any services that were performed prior to the effective date of the Contract or after its termination, unless a provision of the Contract expressly provides otherwise. 4.8 If the Contractor fails to perform any substantial obligation and the failure has not been cured within 10 days following notice from the County, the County may, in its sole discretion and upon written notice to the Contractor, withhold all monies due the Contractor, without penalty, until such failure to perform is cured. 4.9 The Contractor shall pay no wages in excess of the usual and accustomed wages for personnel of similar background, qualifications and experience. 4.10 The Contractor shall pay no more than reasonable market value for equipment and/or supplies. KC-206-City of Bremerton 9-9-14 SECTION 5. AMENDMENTS AND CHANGES IN WORK 5.1 In the event of any errors or omissions by the Contractor in the performance of any work required under the Contract, the Contractor will make all necessary corrections without additional compensation. All work submitted by the Contractor will be certified and checked by the Contractor for errors and omissions. The Contractor will continue to be responsible for the accuracy of work even after the work is accepted by the County. 5.2 In order to be effective, any contract renewal, amendment or modification must be in writing, be signed by both parties and be attached to the Contract. Work under a renewal, amendment or modification may not commence until the renewal, amendment or modification has been approved by the County and has become effective. 5.3 Either party may request that the Contract terms be renegotiated when circumstances, which were neither foreseen nor reasonably foreseeable by the parties at the time of contracting, arise during the period of performance of the Contract. Such circumstances must have a substantial and material impact upon the performance projected under this Contract and must be outside the control of either party. SECTION 6. HOLD HARMLESS AND INDEMNIFICATION Each party agrees to defend and indemnify the other party and its elected and appointed officials, officers, employees and agents against all claims, losses, damages, suits and expenses, including reasonable attorneys' fees and costs, to the extent they arise out of, or result from, the performance of the Contract by the indemnitor or its elected or appointed officials, officers, employees, volunteers, subcontractors and agents. The indemnitor's duty to defend and indemnify extends to claims by the elected or appointed officials, officers, employees, volunteers or agents of the indemnitor and by any contractor or subcontractor of indemnitor. The indemnitor waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington solely for the purposes of this provision and acknowledges that this waiver was mutually negotiated. This provision shall survive the expiration or termination of the Contract. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the parties, their officers, officials, employees, agents and volunteers, the at-fault party's liability hereunder shall be only to the extent of the at-fault party's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE PARTIES' WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shalf survive the expiration or termination of this Contract. KC-206-City of Bremerton 9-9-14 SECTION 7. INSURANCE 7.1 Workers' Compensation and Employer Liability. The Contractor will maintain workers' compensation insurance as required by Title 51, Revised Code of Washington, and will provide evidence of coverage to the Kitsap County Risk Management Division. If the Contract is for over $50,000, then the Contractor will also maintain employer liability coverage with a limit of not less than $1 million. Any additional workers' compensation requirements can be found in Attachment A, Special Terms and Conditions. 7.2 Commercial General Liability. The Contractor will maintain commercial general liability coverage for bodily injury, personal injury and property damage, subject to a limit of not less than $1 million per occurrence. The general aggregate limit will apply separately to the Contract and be no less than $2 million. The Contractor will provide commercial general liability coverage that does not exclude any activity to be performed in fulfillment of the Contract. Specialized forms specific to the industry of the Contractor will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard commercial general liability policy, including contractual liability coverage. 7.3 Automobile Liability. The Contractor will maintain automobile liability insurance as follows (check ONE of the following options): X Not Applicable. 7.4 Miscellaneous Insurance Provisions A. The Contractor's liability insurance provision will be primary with respect to any insurance or self-insurance programs covering the County, its elected and appointed officers, officials, employees and agents. B. The Contractor's commercial general liability insurance and automobile liability insurance (if applicable) will include the County, its officers, officials, employees and agents as additional insureds with respect to performance of services. � C. The Contractor's commercial general liability insurance and automobile liability insurance (if applicable) will contain no special limitations on the scope of protection afforded to the County as an additional insured. D. Any failure to comply with reporting provisions of the policies will not affect the coverage provided to the County, its officers, officials, employees or agents. E. The Contractor's insurance will apply separately to each insured against whom claim is made or suit is brought subject to the limits of the insurer's liability. KC-206-City of Bremertan 9-9-14 F. All coverage for subcontractors will be subject to all of the requirements stated in these provisions. G. The insurance limits mandated for any insurance coverage required by the Contract are not intended to be an indication of exposure, nor are they limitations on indemnification. H. The Contractor will maintain all required policies in force from the time services commence until services are completed. Certificates, policies and endorsements scheduled to expire before completion of services will be renewed before expiration. If the Contractor's liability coverage is written as claims-made-policy, then the Contractor must evidence the purchase of an extended-reporting period or "taiP' coverage for a three-year period after completion of the services. 7.5 Verification of Coverage and Acceptability of Insurers. A. The Contractor will place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no.less than A-VII, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re-insurers licensed in the State of Washington. B. The Contractor will furnish the County with properly executed certificates of insurance or a signed policy endorsement which will clearly evidence all insurance required in this Section before work under this Contract shall commence. The certificate will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract may not be canceled, or allowed to expire, except on prior written notice to the County. The Contractor is self-insured to $500,000; notice to the County shall be given according to Contractor's policy conditions. C. The Contractor will furnish the County with evidence that the additional- insured provision required above has been met. Acceptable forms of evidence are the endorsement pages of the policy showing the County as an additional insured, or a letter of self-insurance from a public entity risk pool which waives the requirement. D. Certificates of insurance will show the certificate holder as Kitsap County and indicate "care of' the appropriate County office or department. The address of the certificate holder will be shown as the current address of the appropriate County office or department. E. The Contractor is self-insured and will provide verification to the County. KC-206-City of Bremerton 9-9-14 F. Evidence of such insurance, as required above, shall be provided to the County at the following address: Risk Management Division Kitsap County Department of Administrative Services 614 Division Street, MS-7 Port Orchard, WA 98366 G. Written notice of cancellation or change will be mailed to the County Risk Management Division as provided above. H. The Contractor or its broker will provide a copy of all insurance policies specified in the Contract upon request of the Kitsap County Risk Manager. SECTION 8. TERMINATION 8.1 Either party may terminate the Contract in whole or in part upon ten (10) days written notice whenever the party determines, in its sole discretion, that such termination is in its best interest. In that event, the County will pay the Contractor for all costs incurred by the Contractor in performing the Contract up to the date of such notice, subject to the other provisions of the Contract. 8.2 If funding for the underlying project or matter is withdrawn, reduced or limited in any way after the Contract is signed or becomes effective, the County may summarily terminate the Contract nofinrithstanding any other termination provision in the Contract. Termination under this provision will be effective upon the date specified in the written notice of termination sent by the County to the Contractor, or upon receipt of the notice by Contractor, whichever is later. No costs incurred after the effective date of termination will be paid. 8.3 If the Contractor breaches any of its obligations under the Contract, and fails to cure the breach within 10 days of written notice to do so by the County, the County may terminate the Contract. In that event, the County will pay the Contractor only for the costs of services accepted by the County. SECTION 9. ASSIGNMENT, DELEGATION AND SUBCONTRACTING 9.1 Contractor is authorized to hire instructors and related personnel to perform the duties under this Contract. 9.2 The Contractor is responsible for subcontractor compliance with applicable terms and conditions of this Contract and all applicable laws. 9.3 The Contractor warrants that it has not paid, nor has it agreed to pay, any company, person, partnership or firm, other than a bona fide employee working exclusively for the Contractor, any fee, commission percentage, brokerage fee, gift or other consideration (i.e. "kickbacks") contingent upon or resulting from the award or making of the Contract. KC-206-City of Bremerton 9-9-14 SECTION 10. INDEPENDEIVT CONTRACTOR 10.1 The Contractor's services will be furnished by the Contractor as an independent contractor and not as an employee, agent or servant of the County. The Contractor will perform the services in strict accordance with the provisions of the Contract, but will be free from control or direction by the County over the performance of the services. 10.2 The Contractor warrants that it maintains a separate set of books or records that reflect all items of income and expenses of the business that the Contractor is conducting. 10.3 The Contractor acknowledges that the entire compensation for the Contract is set forth in the compensation provisions of the Contract and that 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; fringe benefits; or any other rights or privileges afforded to County employees or agents. 10.4 In the event that any of the Contractor's employees, agents, servants or subcontractors, carry on activities or conduct themselves in any manner which may either jeopardize the funding of this Contract or indicates that they are unfit to provide those services as set forth within, the Contractor shall be responsible for taking adequate measure to prevent said employee, agent or servant from performing or providing any such services. 10.5 The Contractor will hold harmless, indemnify and defend the County, its officers, officials, employees and agents from and against any loss or expense, including, but not limited to, settlements, judgments, set-offs, attorneys' fees or costs, incurred or suffered by reason of claims or demands arising in connection with the provisions of this Section. SECTION 11. COMPLIANCE WITH LAWS 11.1 The Contractor, its employees, assignees, delegates or subcontractors will not discriminate against any person in performance of any of its obligations under the Contract on the basis of race, color, creed, religion, national origin, age, sex, marital status, veteran status or the presence of disability. 11.2 The Contractor, its employees, assignees, delegates and subcontractors will comply with all applicable provisions of the Americans With Disabilities Act and all regulations interpreting and enforcing such act. 11.3 The Contractor and its subcontractors, employees, agents, assignees and representatives will comply with all applicable federal, state and local laws, rules and regulations in their performance under the Contract. KC-206-City of Bremerton 9-9-14 SECTION 12. DOCUMENTATION AND OWNERSHIP OF MATERIALS 12.1 The Contractor will maintain readily accessible records and documents sufficient to provide an audit trail needed by the County to identify the receipt and expenditure of funds under this Contract, and to keep on record all source documents such as time and payroll records, mileage reports, supplies and material receipts, purchased equipment receipts, and other receipts for goods and services. 12.2 An electronic copy of all word processing documents will be submitted to the County upon request or at the end of the job using the word processing program and version specified by the County. SECTION 13. PATENT/COPYRIGHT INFRINGEMENT The Contractor will hold harmless, indemnify and defend the County, its officers, officials, employees and agents, from and against any claimed action, cause or demand brought against the County, where such action is based on the claim that information supplied by the Contractor or subcontractor infringes any patent or copyright. The Contractor will be notified promptly in writing by the County of any notice of such claim. SECTION 14. DISPUTES Differences, disputes and disagreements between the Contractor and the County arising under or out of the Contract will be brought to the attention of the County at the earliest possible time so that the matter may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance or compensation due the Contractor will be decided by the County's contract representative or designee. All rulings, orders, instructions and decisions of the County's contract representative will be final and conclusive, subject to the right to pursue a judicial remedy pursuant to Section 16.2 below. SECTION 15. ATTORNEY'S FEES In any claim or lawsuit for damages arising from the parties' performance of this Contract, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the parties' right to indemnification under Section 6 of this Contract. SECTION 16. CHOICE OF LAW, JURISDICTION AND VENUE 16.1 The Contract will be construed as having been made and delivered within the State of Washington, and it is agreed by each party that the Contract will be governed by the laws of the State of Washington, both as to its interpretation and performance. 16.2 Any action at law, suit in equity or other judicial proceeding arising under or out of the Contract may be instituted and maintained only in a court of competent jurisdiction in Kitsap County, Washington. KC-206-City of Bremerton 9-9-14 � p SECTION 17. MISCELLANEOUS 17.1 Authority. The Contractor certifies that it has the legal authority to apply for the funds covered under this Contract. 17.2 No Waiver. The parties agree that the excuse or forgiveness of performance, or waiver of any provisions of the Contract, does not constitute a waiver of such provision or future performance, or prejudice the right of the waiving party to enforce any of the provisions of the Contract at a later time. 17.3 Remedies. All remedies provided for in this Contract will be construed as cumulative and will be in addition to any other remedies provided by law. 17.4 Tax Payments. The Contractor will pay all applicable federal, state and local taxes, fees (including licensing fees) and other amounts. 17.5 Conflict of Interest. The Contractor will avoid organizational conflicts of interest or the appearance of a conflict of interest in disbursing contract funds for any purpose and in the conduct of procurement activities. The Contractor will ensure that its subcontractors, employees, agents or representatives avoid conflicts of interest or the appearance of a conflict of interest in disbursing contract funds for any purpose and in the conduct of procurement activities. 17.6 Records Inspection and Retention. The County may, at reasonable times, inspect the books and records of the Contractor relating to the performance of the Contract. The Contractor will retain for audit purposes all Contract-related records for at least six years after termination of the Contract. 17.7 Publication. The Contractor will not publish any results of the works performed under this Contract without the advance written permission of the County. 17.8 County Review. The County may, at reasonable times, review and monitor the financial and service components of the program as established by the Contractor by whatever means are deemed expedient by the Board of County Commissioners, or its respective delegates. Such review may include, but is not limited to, with reasonable notice, on-site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Contract and its performance, except those deemed confidential by law. 17.9 Successors and Assigns. The County, to the extent permitted by law, and the Contractor each bind themselves, their partners, successors, executors, administrators and assigns to the other party to the Contract and to the partners, successors, administrators and assigns of such other party in respect to all covenants to the Contract. KC-206-City of Bremerton 9-9-14 � � 17.10 Severability. If a court of competent jurisdiction holds any provision of the Contract to be illegal, invalid or unenforceable, in whole or in part, the validity of the remaining provisions will not be affected and the parties' rights and obligations will be construed and enforced as if the Contract did not contain the particular provision held to be invalid. If any provision of the Contract conflicts with any statutory provision of the State of Washington, the provision will be deemed inoperative to the extent of the conflict or modified to conform to statutory requirements. 17.11 Attachments. The parties acknowledge that the following attachments, which are attached to this Contract, are expressly incorporated by this reference: Attachment A— Special Terms and Conditions Attachment B— Statement of Work Attachment C — Budget Summary Attachment D— Certification Regarding Debarment, Suspension, and Other Responsibility Matters In the event of an inconsistency between these General Terms and Conditions and the attachments, precedence shall be given in the following order: (1) General Terms and Conditions; (2) Statement of Work; (3) Budget Summary/Estimated Expenditures, (4) Certification Regarding Debarment, Suspension, and Other Responsibility Matters. 17.12 Whole Agreement. The parties acknowledge that the Contract is the complete expression of their agreement regarding the subject matter of the Contract. Any oral or written representations or understandings not incorporated in the Contract are specifically excluded. 17.13 Notices. Any notice will be effective if personally served upon the other party or if mailed by registered or certified mail, return receipt requested, to the addresses set out in the contract representatives provision of the Contract. Notice may also be given by facsimile with the original to follow by regular mail. Notice will be deemed to be given three days following the date of mailing, or immediately if personally served. For service by facsimile, service will be effective at the beginning of the next working day. KC-206-City of Bremerton 9-9-14 � 2 ATTACHIVIENT A: SPECIAL TERMS and CONDITIONS 1/10 of 1% Mental Health, Chemical Dependency and Therapeutic Courts roe The purpose of funding provided through this contract is to augment state and federal funding of inental health, chemical dependency and therapeutic court programs and services with the goal of preventing and reducing the impacts of disabling chemical dependency and mental illness by creating and investing in effective, data driven programs for a continuum of recovery-oriented systems of care per RCW 82.14.460. Funding must be used solely for the purpose of providing for the operation or delivery of chemical dependency or mental health treatment programs and services and for the operation or delivery of therapeutic court programs and services. No funding provided under this contract may be used to supplant existing funding for these programs. . ... •� .�. . �i�• The Contractor shall take the initiative to work with other systems to reduce fragmentation or duplication and to strengthen working relationships utilizing collective impact strategies. The Contractor will provide quarterly updates on collaborative efforts and outreach activities that will include issues mutually identified by the Contractor and respective systems that can be addressed through collective impact strategies. Examples of such systems include; criminal justice, corrections, juvenile rehabilitation, mental health, aging, veterans, child protection and welfare, adult protection and welfare, education, juvenile justice, housing, employment services, primary health care plans and other publicly-funded entities promoting substance abuse and mental health services. All agencies providing services to working age adults and youth shall establish a connection with the local WorkSource system to ensure people have access to employment training and placement services. Identification and Coordination of Available Funding S���r�ps The Contractor is required to identify and coordinate all available funding resources to pay for the mental health and chemical dependency services funded by this contract, including Federal (Medicaid and Affordable Care Act, etc.), State, local, private insurance and other private sources. The 1/10 of 1% funding should be utilized as a Payor of Last Resort. Contractor will provide a report by December 31 and June 30 each year funding is received under this grant detailing what other funding sources have been investigated, what the outcome was and what the future potential for alternative funding. KC-206-City of Bremerton 9-9-14 13 ;-.. -��-� Background Checks (RCW 43.43, WAC 388-877 & 388-877B) 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. Services and Activities to Ethnic Minorities and Diverse Populations. The Contractor shall: Ensure all services and activities provided by the Contractor under this Contract shall be designed and delivered in a manner sensitive to the needs of all ethnic minorities. Initiate actions to ensure or improve access, retention, and cultural relevance of treatment, prevention or other appropriate services, for ethnic minorities and other diverse populations in need of treatment and prevention services as identified in their needs assessment. Audit Reauirements If the Contractor is subject to OMB Circular A-133, the County shall require a copy of the completed Single Audit and ensure corrective action is taken for any audit finding, per A-133 requirements. KC-206-City of Bremerton 9-9-14 14 ATTACHMENT B: STATEMENT OF WORK Law Enforcement Crisis Intervention Training Project Descrintion This project will provide funding to provide training to 324 commissioned law enforcement officers in Kitsap County in Crisis Intervention/Triage. The training will take place befinreen 9/1/14 — 8/31/15. The training will consist of: (A) Eight eight-hour classes of Crisis Intervention Training (1S responders) (B) Two 40-hour Crisis Intervention Response Team training classes. (C) Four two-hour team meetings of the Crisis Intervention Response Team. The goal of this project is to provide additional training to all law enforcement officers in crisis intervention and triage for the mentally ill. The training will provide additional training in communicating and de-escalating a subject in crisis with means other than physical or deadly force. The project will also add additional Crisis Intervention Response Officers with 40 hours of advanced training classes. The following law enforcement agencies in Kitsap County will participate in this project: • Bremerton Police Department (62 Commissioned personnel) • Kitsap County Sheriff s Office (114 Commissioned personnel) • Kitsap County Jail (83 Corrections Officers) • Port Orchard Police Department (24 Commissioned personnel) • Poulsbo Police Department (20 Commissioned personnel) • Bainbridge Island Police Department (21 Commissioned personnel) • Central Communications — CenCom (2 operators) The Contractor will be responsible for communicating with the other agencies involved in this project. The communication will be to structure the training and coordinate the instructors, times, dates and location of the training. The Project Budget Total for this project is found in Attachment C. The parties agree that the Contractor cannot control the attendance of the other agencies' personnel. Once the Contractor performs its duties of structuring training and coordinating instructors and trainings, the County shall not withhold payment based on other agencies' lack of attendance. The Contractor shall, to the best of its ability, coordinate dates, times and locations to accommodate as many agency personnel as possible. KC-206-City of Bremerton 9-9-14 15 Project Desian The project.has been_documented a proven success in other cities and counties in Washington State. This type of project has also been a success in other states. The most successful crisis intervention training and Crisis Intervention Officer Response Team concept emerged from Memphis, Tennessee. The Crisis Intervention Officer Response Team concept that emerged from Memphis has become the national standard for law enforcement response training for subjects in crisis due to mental health and or substance abuss issues. This project will utilize the Memphis Model to train law enforcement professionals to help to improve the service to the community and subjects in crisis and provide additional tools to law enforcement. Project Outcomes and Measurements The outcome of this project is to provide every law enforcement officer in Kitsap County with training in crisis intervention and triage for subjects in crisis due to mental health issues, substance abuse or both and to train additional Crisis Intervention Officer Response Team members. The project training will help to decrease the physical conflicts and possible use of deadly force while trying to assist a subject in crisis due to mental illness by law enforcement officers. The county wide Crisis Intervention Officers will have scheduled meetings to discuss the outcome of contacts with subjects in crisis and different methods or learned themes that were applied to the situation. Each department will review the documented contacts with subjects in crisis due to mental illness and copies of the reports will be forwarded to the appropriate agency for review. Data collection, management, and analysis of data will be the responsibility of each individual agency once the training has been completed. The data on accomplishments of this project can be shared during regular scheduled public safety meetings and department head meetings. The City of Bremerton via its Police Department shall submit quarterly reports to the Department of Human Services detailing the progress on the training sessions and the number of law enforcement members that have completed training. Billing and Pav, ment Contract payments to Contractor shall be requested using an invoice form, which is supplied by the County. Contractor invoices must be sent to the County by the fifteenth (15th) calendar day after the end of the month. The Contractor is authorized to receive payments in accordance with the cost reimbursable budget included under this contract. The Contractor will comply with the following standards as applicable. Reimbursement Request — Upon Completion of each month, the Contractor must provide to the County a written explanation of expenditures which are less than 90% of, or more than 115% of the year-to-date budgeted total. KC-206-City of Bremerton 9-9-14 16 All payments to be made by the County under this contract shall be made to: City of Bremerton 1025 Burwell Street Bremerton, WA 98337 The contract shall not exceed the total amount indicated on the cover sheet of this contract and any other modifications hereof. KC-206-City of Bremerton 9-9-14 � 7 0 ATTACHMENT C: BUDGET SUMMARY Contract: KC-206-14 Time Period: September 1, 2014 — August 31, 2015 .... _. _ __. .- -- - .... . . ._ ... Agency Name: : City of Bremerton Department � ' Project Name: ' Crisis Intervention and Triage for Law Enforcement ' Agreement: $117,700 • Current Billing ; ' , , Contract Contract Current Life to Date Contract Line item Budget Billing Billed Balance Personnel Manager and Staff (Program Related 43,920.00 43,920.00 Fringe Benefits - _ Supplies & Equipment Equipment - _ Office Supplies � 3,200.00 3,200.00 Administration Advertising/Marketing - _ Audit/Accounting - _ Communication � - _ Feesand Taxes � - _ Indired Administrative Expenses - _ Insurance/Bonds� - _ LegalServices ' - _ Trai n i ng/Trave I: 70, 580.00 70,580.00 Transportation . - _ Ongoing Operations & Maintenance Janitorial Service' - _ Maintenance Contracts - _ Maintenance of Existing - _ Landscaping Repair of Equipment and Property - _ Utilities _ O& M Staff Salaries & Benefits - _ Other(Describe)�UA/Data MGT _ Other Debt Service _ Contract with KMHS - Other (Describe): Drug Testing - _ Software _ Program Incentives - _ Project budget total $ 117,700.00 $ - $ - $ 117,700.00 KC-206-City of Bremerton 9-9-14 18 ATTACHMENT D: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS Primary Covered Transactions 45 CFR 76 1. The prospective primary parkicipant certifies to the best of its knowledge and belief, that it and its principles: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connections with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charges by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1.b, of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participants are unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. This Certification is executed by the person(s) signing below who warrant they have authority to execute this Certification. CONTRACTOR: CITY OF BREMERTON � Name: Pa ent Title: Ma r DATE: 0 J� Z4/ KC-206-City of Bremerton 9-9-14 �g