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HomeMy WebLinkAboutAgreements/Contracts - Superior CourtK20-025 .)-+ PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into by Grant County, a political subdivision of the State of Washington, hereinafter referred to as the "County," and Ellen Goodman, hereinafter referred to as the "Contractor," for the purpose of completing the Adult Drug Court Discretionary Grant and of consultation. RECITALS: WHEREAS, the County is in the process of developing an adult felony drug court program and services for nonviolent, criminally involved persons with substance -use disorders, including those related to opioid substance -use disorders; and WHEREAS, the County must submit a grant application to the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP) and the Bureau of Justice Assistance (BJA) in order to access federal funding to develop and implement drug court services that effectively integrate evidence -based substance use disorder treatment, mandatory drug testing, sanctions and incentives, and transitional services in a judicially supervised court setting with jurisdiction over the program while integrating the National Association of Drug Court Professionals Adult Drug Court Standards; and WHEREAS, the grant application filing period normally commences in the month of February and can be open anywhere from sixty to ninety days; and WHEREAS, knowledge, expertise, and experience with federal drug court grant application and submission process is required; NOW, THEREFORE, the parties have entered into this Agreement to secure the Contractor's services under the terms and conditions set forth herein. 1. Statement of Purpose: This Agreement has been entered into in order to describe the arrangement between the County and the Contractor in which the Contractor will provide grant writing and technical assistance in order to submit an application to the BJA Adult Drug Court Discretionary Grant Program meeting all grant application requirements. The grant application filing period for BJA Adult Drug Court Discretionary Grant Program is expected to begin in February of 2020. The Contractor will provide services so that the County can submit a grant application for the BJA Adult Drug Court Discretionary Grant Program meeting all grant application requirements once the 2020 grant application filing period commences. 2. Relationship of the Parties: The parties intend that an independent Contractor relationship will be created by this Agreement. The County is interested only in the results to be achieved; the implementation of services will lie solely with the Contractor. However, the results of the work contemplated must meet the approval of the County and shall be subject to the County's general rights of inspection and review to secure the satisfactory completion thereof. No agent, employee, servant, or representative of Contractor shall be deemed to be an employee, agent, servant, or representative of the County for any purpose, and the employees of the Contractor are not entitled to any of the benefits the County provides for County employees. Contractor will be solely and Professional Services Agreement re Adult Drug Court Discretionary Grant Page 2 of 5 entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors, or otherwise during the performance of the Agreement. Term: This contract shall commence upon its complete execution and shall terminate April 30, 2020. (In the event the 2020 grant application filing period for the BJA Adult Drug Court Discretionary Grant Program begins later than March 1, 2010, then this contract shall terminate once the County has submitted its 2020 grant application.) The parties may elect to terminate this Agreement sooner by giving written notice of termination to the other party. Said termination shall be effective 14 days from the date of receipt of said written notice. 4. Obligations of County: The County agrees and promises to: 4.1 Dedicate appropriate County staff time and resources (including but not limited to Social Service Program staff, Superior Court staff, Prosecuting Attorney Office staff, and Office of Public Defense staff) to ensure Contractor has the information needed to facilitate technical assistance and to write and assemble all documents and data required by the grant application process. 4.2 Make County staff available at times and in sufficient frequency, as is agreed to by parties. 4.3 Pay a flat fee of $10,000 for these services, which include data gathering, phone consultations, and provision of all information and all related documents, materials and supplies necessary to write and submit the Adult Drug Court Discretionary Grant prior to April 30, 2020, or as soon as the 2020 grant application filing period opens if said period opens after February 1, 2020. In addition to the flat fee of $10,000 for these services, Grant County agrees to pay expenses related to travel for in-person meetings (based on applicable GSA FY rates) to include mileage, lodging, parking, and meals at per diem rates for Washington. Expenses are not to exceed $4,500.00. Expenses will be reimbursed by Grant County within thirty (30) days upon receipt of an itemized, monthly statement. 4.4 The County shall operate in compliance with all state and federal regulations. 5. Obligation of Contractor: The Contractor agrees and promises: 5.1 Availability. The Contractor will perform all work on the activities described above between the date this agreement is executed and April 30, 2020. (In the event the grant application filing period opens after February 1, 2020, the Contractor will continue to provide necessary services through the date the 2020 grant application is filed.) 5.2 Billing. The Contractor shall invoice the County monthly for services performed and expenses incurred under this agreement. Professional Services Agreement re Adult Drug Court Discretionary Grant Page 3 of 5 5.3 The Contractor shall carry at her own expense the following insurance coverage to the extent described below: 5.3.1 Automobile insurance covering bodily injury and property damage activities of the Contractor arising out of or, in connection with Work performed under this Agreement in an amount not less than $1,000,000 combined single limit for each accident. 5.3.2 The Contractor shall procure policies for all insurance required by this section for a period of not less than one year and shall provide the County (on or before the date this Agreement commences) with a certificate of insurance as satisfactory evidence that the premiums have been paid and that such insurance policy is in effect. The County shall be carried as a named insured on each insurance policy required by this section. 5.3.3 Upon demand by the County, the Contractor shall provide a complete copy of all policies for insurance required by this Agreement. This requirement is supplementary to, but does not replace the requirement in this Agreement to provide the County with certificates of insurance as satisfactory evidence that the premiums have been paid and that such insurance policy is in effect. 5.4 Participate in the completion of Washington State Patrol Background Check. 5.5 Scope of Work on the Adult Drug Court Discretionary Grant: Task: The Contractor shall provide technical grant writing services; facilitate meetings with the Grant County Adult Drug Court Planning Committee, the Drug Court Team and Grant County Social Services for the purposes of writing and submitting the BJA Adult Drug Court Discretionary Grant. The Contractor shall convene meetings with County staff to review the status and development of the grant application. Meetings shall be scheduled as frequently as mutually deemed necessary by Contractor and County staff. Contractor and County staff shall work collaboratively with Administrative Office of the Courts in the grant application process. Services shall include consultation, technical assistance, data collection and the written development of the Adult Drug Court Discretionary grant application, and all other documents in the format required by the grant application guidelines. The Contractor shall deliver the completed grant application ready for submission prior to April 30, 2020. Professional Services Agreement re Adult Drug Court Discretionary Grant Page 4 of 5 6. Compliance with Law: The Contractor, in performance of this contract, agrees to comply with all applicable federal, state and local laws or ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in this Agreement to assure quality of services. The Contractor specifically agrees to pay any applicable taxes which may become due on account of this Agreement. 7. Indemnification/Hold Harmless: All services to be rendered or performed under this contract will be performed or rendered entirely at the contractor's own risk and the Contractor expressly agrees to indemnify and hold harmless the County, and all of its officers, agents, employees, volunteers, or otherwise, from any and all liability, loss, or damage that they may suffer as a result of claims, demands actions, or damages to any and all persons or property, costs, or judgments against the County, which result from, arise out of, or are in any way connected with the services to be performed by the Contractor under this contract. The Contractor agrees that all Contractor indemnification obligations shall survive the termination, completion, or expiration of this contract. 8. Assignment or Subcontracting: The Contractor shall not subcontract or assign this Agreement or any portion thereof without the prior written consent of the County. 9. Modification: This Agreement may be modified or amended only by a writing duly authorized and executed by all parties. Any such amendment shall be attached to and incorporated into this Agreement. This modification amendment shall include annual extensions of the termination date, as agreed by the parties. 10. Notice: Notice provided for in this agreement shall be sent by certified mail to the addresses of the parties as designated below. Ellen Goodman 1711 Camden Park Drive SW Olympia, WA 98512 Grant County Board of Commissioners PO Box 37 Ephrata, WA 98823 11. Attorney Fees and Costs: If any legal proceeding is brought for the enforcement of this Agreement, or because of a dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover from the other party, in addition to any other relief to which such party may be entitle, reasonable attorney's fees and other costs incurred in that action or proceeding. 12. Jurisdiction and Venue: The laws of the State of Washington govern this Agreement. In the event of a lawsuit by Contractor against the County involving this Agreement, venue shall be proper only in Grant County, Washington. In the event of a lawsuit by the County against the Contractor involving this Agreement, venue shall be proper only as provided in RCW 36.01.050. 13. Severability: It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is held by the courts to be illegal, the validity of the remaining provisions shall not be affected, and the rights and obligation of the parties shall be construed and enforced as if Professional Services Agreement re Adult Drug Court Discretionary Grant Page 5 of 5 the Agreement did not contain the particular provisions held to be invalid. If it should appear that any provision thereof is in conflict with the federal law, rule or regulation or statutory provision of the State of Washington, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform to such statutory provision. 14. Entire Contract: The parties agree that this contract is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. DATED this day of r , 2020 CONTRACTOR Ellen Goodman 1711 Camden Park Drive SW Olympia, WA 98512 DateCommissioner