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202304021WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET -7.- 0n 2 Originating Department: Executive Office Division/Pro arn: (i.e.Dept Division and Program) Non -Departmental Contract or Grant Administrator: Tyler Schroeder, Deputy Executive Contractor's / Agency Name: Washington State University (Dr. Jennifer Schwartz) Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes 0 No Q Yes Q No 0 If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: Does contract require Council Approval? Yes 0 No E) If No, include WCC: 3.08.100 Already approved? Council Approved Date: (Exclusions see: Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes 0 No (j) If yes, grantor agency contract number(s): CFDA#: Is this contract grant funded? Yes 0 No (F) If yes, Whatcom County grant contract number(s): Is this contract the result of a RFP or Bid process? Contract Yes Q No Q If yes, RFP and Bid number(s): Cost Center: 345100 Is this agreement excluded from E-Verify? No 0 Yes (�) If no, include Attachment D Contractor Declaration form. If YES, indicate exclusion(s) below: 0 Professional services agreement for certified/licensed professional. El Goods and services provided due to an emergency 0 Contract work is for less than $100,000. ❑ Contract for Cormnercial off the shelf items (COTS). ❑ Contract work is for less than 120 days. ❑ Work related subcontract less than $25,000. ❑ Interlocal Agreement (between Governments). ❑ Public Works - Local Agency/Federally Funded FHWA. Contract Amount:(suin of original contract Council approval required for; all property leases, contracts or bid awards exceeding amount and any prior amendments): $40,000, and professional service contract amendments that have an increase greater $ 37,700 than $10,000 or 10% of contract amount, whichever is greater, except when: This Amendment Amount: 1. Exercising an option contained in a contract previously approved by the council. 2. Contract is for design, construction, r-o-w acquisition, prof services, or other $ capital costs approved by council in a capital budget appropriation ordinance. Total Amended Amount: 3. Bid or award is for supplies. 4. Equipment is included in Exhibit `B" of the Budget Ordinance. $ 37,700 5. Contract is for manufacturer's technical support and hardware maintenance of electronic systems and/or technical support and software maintenance from the Summary of Scope: developer of proprietary software currently used by Whatcom County. 'The contractor will perform an independent review of progress in addressing the 2017 Vera Institute of Justice report recommendations and strategies. Terra of Contract: 5/1/2023 - 9/30/2023 (5 months) Expiration Date: September 30, 2023 Contract Routing: 1. Prepared by: Cathy Halka Date: 3/14/2023 2. Attorney signoff: Karen Frakes (by email) Date: 3/29/2023 3. AS Finance reviewed: Andrew Tan (by email) Date: 3/31/2023 4. IT reviewed (if IT related): Date: 5. Contractor signed: Cathy Halka Date: 4/17/2023 6. Submitted to Exec.: Cathy Halka Date: 4/19/2023 7. Council approved (ifnecessary): Date: 8. Executive signed: le!f Date: Lt j Zbj r� Z3P 9. Original to Council: ✓ Date: . 1— Last edited 07/06/20 Whatcom County Contract No. CONTRACT FOR SERVICES Between Whatcom County and Washington State University (Dr. Jennifer Schwartz) Washington State University {Dr. Jennifer Schwartz} , hereinafter called Contractor and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 10 Exhibit A (Scope of Work), pp. may_ to 1i Exhibit B (Compensation), pp. 13 to 13 Exhibit C (Certificate of Insurance), Not applicable. Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 1 day of May , 20 23 , and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 30 day of September , 20 23 . The general purpose or objective of this Agreement is to: perform an independent review of progress in addressing the 2017 Vera institute of Justice report recommendations and_s_trateQies , as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed $ 37,700 . The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this ? day of 20 23 . Each signatory below to this Contract warrants that he/she is the authorized agent of the respective party; and that he/she has the authority to enter into the contract and to bind the party thereto. CONTRACTOR: Washington State University Digitally signed by Dan Nordquist Date: 2023.04.17 AVFIOVF. AUE14q58m53 -01'00' Printed name: N o r-cl q U i S-1- Tille:�U k, I I P 6, Qpp�e e.YUI, a*,-d- 0 ?'t M-� on's CONTRACTOR INFORMATION: Washington State University Office of Research Support and Operations PO Box 641060 Pullman, WA 99164-1060 orso(7a wsu.edu 509-335-9661 Washington State University Sponsored Programs Services Contract for Services Review of Progress on 2017 Vera Report Recommendations V. 2023-1(DocuSign) Page 1 Address: 240 French Administration Building PO Box 641025 Pullman, WA 99164-1025 sps(@wsu.edu Phone: (509) 335-2058 Fax: (509) 335-2071 Dr. Jennifer Schwartz Washington State University Department of Sociology PO Box 644020 Pullman, WA 99164 (509)335-2657 iennifer.schwartzawsmedu WHATCOM COUNTY: Recommended Approval! Zd , rc r DepaDireY Da Approved as to form: KayeA FmVes phone f CIk 4. ic[. Zo23 Prosecuting Attorney Date Approved: Accepted for Whatcom County: -� �lu By: a. l Satpal Singh Sidhu, W tcom County Executive Contract for Services Review of Progress on 2017 Vera Report Recommendations V. 2023-1(DocuSign) Page 2 GENERAL CONDITIONS Series 00-09: Provisions Related to Scope and Nature of Services 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: The duration of this Agreement may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than three years. 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, 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. 11.2 Termination for Reduction in Funding: In the event that funding from State, Federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: The County may terminate the Agreement 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 Agreement 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. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Contract for Services Review of Progress on 2017 Vera Report Recommendations V. 2023-1(DocuSign) Page 3 Series 20-29: Provisions Related to Consideration and Payments 20.1 Accou Ming and Pa ment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon a percentage complete along with written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 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 withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. 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 Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must 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. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 independent Contractor; Contract for Services Review of Progress on 2017 Vera Report Recommendations V. 2023-1(DocuSign) Page 4 In providing services under this Contract, the Contractor is an independent contractor, and neither it nor its officers, agents, or employees are employees of the County for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes, by, or on behalf of the Contractor, its employees, and/or others by reason of this Contract. 30.2 Assignment and Subcontracting: The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 30.3 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 any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.1 Ownership of Items Produced and Public Records Act: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or subcontractors, in connection with performance of this Agreement, shall be the property of the County and Contractor. If the Contractor creates any copyrightable materials or invents any patentable property, the Contractor may copyright or patent the same, but the County retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize other governments to use the same for state or local governmental purposes. Contractor further agrees to make research, notes, and other work products produced in the performance of this Agreement available to the County upon request. Ownership. Any and all data, writings, programs, public records, reports, analyses, documents, photographs, pamphlets, plans, specifications, surveys, films or any other materials created, prepared, produced, constructed, assembled, made, performed or otherwise produced by the Contractor or the Contractor's subcontractors or consultants for delivery to the County under this Contract shall be the property of the County and Contractor. Such property shall constitute "work made for hire" as defined by the U.S. Copyright Act of 1976, 17 U.S.C. § 101, and the ownership of the copyright and any other intellectual property rights in such property shall vest in the County and Contractor at the time of its creation. Ownership of the intellectual property includes the right to copyright, patent, and register, and the ability to transfer these rights. Material which the Contractor uses to perform this Contract but is not created, prepared, constructed, assembled, made, performed or otherwise produced for or paid for by the County is owned by the Contractor and is not "work made for hire" within the terms of this Agreement. Public Records Act. This Contract and all records associated with this Contract shall be available for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the "Act"). To the extent that public records then in the custody of the Contractor are needed for the County to respond to a request under the Act, as determined by the County, the Contractor agrees to make them promptly available to the County at no cost to the County. If the Contractor considers any portion of any record provided to the County under this Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, the Contractor shall clearly identify any specific information that it claims to be confidential or proprietary. If the County receives a request under the Act to inspect or copy the information so identified by the Contractor and the County determines that release of the information is required by the Act or otherwise appropriate, the County's sole obligations shall be to notify the Contractor (a) of the request and (b) of the date that such information will be released to the requester unless the Contractor obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the Contractor fails to timely obtain a court order enjoining disclosure, the County will release the requested information on the date specified. The County has, and by this section assumes, no obligation on behalf of the Contractor to claim any exemption from disclosure under the Act. The County shall not be liable to the Contractor for releasing records not clearly identified by the Contractor as confidential or proprietary. The County shall not be liable to the Contractor for any records that the County releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. The Contractor shall be liable to the requester for any and all fees, costs, penalties or damages imposed or alleged as a result of the Contractor's failure to provide adequate or timely records. This provision and the obligations it establishes shall remain in effect after the expiration of this contract. 31.2 PatenUCopvright Infringement. Nat Applicable. Contract for Services Review of Progress on 2017 Vera Report Recommendations V. 2023-1(DocuSign) Page 5 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the 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, attorneys' fees and costs resulting from Contractor's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. 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 Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Insurance. Not Applicable. 34.3 Mutual Indemnity. To the extent of its comparative liability, each Party agrees to indemnify, defend and hold the other Party, its elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which are alleged or proven to be caused by an act or omission, negligent or otherwise, of the Party, its elected and appointed officials, employees, agents or volunteers. A Party shall not be required to indemnify, defend, or hold the other Party harmless if the claim, damage, loss or expense for personal injury, for any bodily injury, sickness, disease or death or for any damage to or destruction of any property (including the loss of use resulting therefrom) is caused by the sole act or omission of the other Party. In the event of any concurrent act or omission of the Parties, negligent or otherwise, these indemnity provisions shall be valid and enforceable only to the extent of each Party's comparative liability. 35.1 Non-Discriminafion in Em to ent: Must be included in every contract as per Ord. 2021-016) The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation (including gender identity), age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation (including gender identity), age, marital status, disability, political affiliation, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation (including gender identity), disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Contract for Services Review of Progress on 2017 Vera Report Recommendations V, 2023-1(DocuSign) Page 6 35.2 Non -Discrimination in Client Services: (Must be included in every contract as per Ord. 2021-016) The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation (including gender identity), disability, or veteran status; or deny an individual or business any service or benefits under this Agreement unless otherwise allowed by applicable law; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this Agreement unless otherwise allowed by applicable law; or deny an individual or business an opportunity to participate in any program provided by this Agreement unless otherwise allowed by applicable law. 36.1 Waiver of Noncompetifion: Contractor irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the County, and contractor further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the County. 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement 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. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Tyler Schroeder, Deputy Executive Whatcom County Executive's Office 311 Grand Avenue, Suite 108 Bellingham, WA 98225 tschroed@co.whatcom.wa.us cc: thelms@co.whatcom.wa.us, chalka@co.whatcom.wa.us 37.2 Notice: Any notices or communications required or permitted to be given by this Contract must be (i) given in writing and (ii) personally delivered or mailed, by prepaid, certified mail or overnight courier, or transmitted by electronic mail transmission (including PDF), to the party to whom such notice or communication is directed, to the mailing address or regularly -monitored electronic mail address of such party as follows: Dr. Jennifer Schwartz Washington State University Department of Sociology PO Box 644020 Pullman, WA 99164 (509)335-2657 ie n n ife r.s ch wartzOwsu .ed u Washington State University Office of Research Support and Operations PO Box 641060 Pullman, WA 99164-1060 Contract for Services Review of Progress on 2017 Vera Report Recommendations V, 2023-1(DocuSign) Page 7 orscawswedu Phone: (509) 335-9661 Any such notice or communication shall be deemed to have been given on (i) the day such notice or communication is personally delivered, (ii) three (3) days after such notice or communication is mailed by prepaid certified or registered mail, (iii) one (1) working day after such notice or communication is sent by overnight courier, or (iv) the day such notice or communication is sent electronically, provided that the sender has received a confirmation of such electronic transmission. A party may, for purposes of this Agreement, change his, her or its address, email address or the person to whom a notice or other communication is marked to the attention of, by giving notice of such change to the other party pursuant to this Section. 37.3 If agreed by the parties, this Contract may be executed by Email transmission and PDF signature and Email transmission and PDF signature shall constitute an original for all purposes. 38.1 Certification of Public Works Contractor's Status under State Law: If applicable, Contractor certifies that it has fully met the responsibility criteria required of public works contractors under RCW 39.04.350 (1), which include: (a) having a certificate of registration in compliance with RCW 18.27; (b) having a current state unified business identifier number; (c) if applicable, having industrial insurance coverage for its employees working in Washington as required in Title 51 RCW, an employment security department number as required in Title 50 RCW, and a state excise tax registration number as required in Title 82 RCW; and (d) not being disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3). 38.2 Certification Regarding Federal Debarment, Sus ensign Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: If applicable, the Contractor further certifies, by executing this contract, that neither it nor its principles is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or Agency. The Contractor also agrees that it shall not knowingly enter into any lower tier covered transactions (a transaction between the Contractor and any other person) with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, and the Contractor agrees to include this clause titled "Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" without modification, in all lower tier covered transactions and in all solicitations for lower tier transactions. The "Excluded Parties List System in the System for Award Management (SAM) website is available to research this information at WWW.SAM.GOV. Contractor shall immediately notify Whatcom County if, during the term of this Contract, Contractor becomes debarred. 38.3 E-Verify: The E-Verify contractor program for Whatcom County applies to contracts of $100,000 or more and sub contracts for $25,000 or more if the primary contract is for $100,000 or more. If applicable, Contractor represents and warrants that it will, for at least the duration of this contract, register and participate in the status verification system for all newly hired employees. The term "employee" as used herein means any person that is hired to perform work for Whatcom County. As used herein, "status verification system" means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. Contractor/Seller agrees to maintain records of such compliance and, upon request of the County, to provide a copy of each such verification to the County. Contractor/Seller further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Washington. Contractor/Seller understands and agrees that any breach of these warranties may subject Contractor/Seller to the following: (a) termination of this Agreement and ineligibility for any Whatcom County contract for up to three (3) years, with notice of such cancellation/termination being made public. In the event of such termination/cancellation, Contractor/Seller would also be liable for any additional costs incurred by the County due to contract cancellation or loss of license or permit." Contractor will review and enroll in the E-Verify program through this website: www.uscis.gov Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either parry may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either parry, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments. Warranties and Representations: Contract for Services Review of Progress on 2017 Vera Report Recommendations V. 2023-1(DocuSign) Page 8 Any written commitment received from the Contractor concerning this Agreement shall be binding upon 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 Agreement, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. 41.1 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. 41.2 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 parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. C. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Other than claims for injunctive relief, temporary restraining order, or other provisional remedy to preserve the status quo or prevent irreparable harm, brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this Contract or otherwise, including issues of specific performance, shall be determined by arbitration in Bellingham, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this Agreement. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this Contract shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge but shall not have the power to award punitive damages. Each Party shall pay all their own costs, attorney fees and expenses of arbitration and the parties shall share equally in the Arbitrator's fees and costs. The decision of the arbitrator shall be final and binding and an order confirming the award orjudgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either parry made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Contract for Services Review of Progress on 2017 Vera Report Recommendations V. 2023-1(DocuSign) Page 9 Any arbitration proceeding commenced to enforce or interpret this Contract shall be brought within six years after the initial occurrence giving rise to the claim, dispute, or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute, or issue was continuing in nature. Claims, disputes, or issues arising more than six years prior to a written request or demand for arbitration issued under this Contract are not subject to arbitration. e. The parties may agree in writing signed by both parties that a claim or dispute maybe brought in Whatcom County Superior Court rather than mediation or arbitration. Unless otherwise specified herein, this Contract shall be governed by the laws of Whatcom County and the State of Washington. 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3, 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Contract for Services Review of Progress on 2017 Vera Report Recommendations V. 2023-1(DocuSign) Page 10 EXHIBIT "A" (SCOPE OF WORK) PROJECT: Progress Report on Whatcom County Response to 2017 Vera Report SCOPE: Perform independent review of progress in addressing the 2017 Vera Institute of Justice report recommendations and strategies. Identify accomplishments, remaining work, and best practices for moving forward on unaddressed recommendations. The 2017 Vera Report is available online at httpS:ftwww,whatcomcounty.uslDocumentCenter/View/31476/2-Final-Vera-Institute-of- Justice-Re ort 11-01-17-with-Introduction?bidld=. The Vera Report identifies five (5) recommendations and associated strategies, including the following: 1. Reduce unnecessary admissions to the jail. Strategy 1 (a): Remove select low-level offenses from the municipal codesCurtail the number of new and outstanding warrants for lower -level charges Strategy 1 (b): Expand the use of "book and release" practices, including from police stations Strategy 1 (c): Facilitate opportunities for individuals to pay off fines associated with previous moving violations. Strategy 1 (d): Pursue opportunities to coordinate care between county agencies for people with behavioral health needs who come into contact with the justice system, in order to prevent jail admissions. Strategy 1 (e): Establish a sobering center where law enforcement officers can bring people arrested on DUI and other charges related to substance use Strategy 1 (f): Equip law enforcement officers throughout the county with the tools needed to de-escalate and divert people experiencing behavioral health crises. Strategy 1 (g): Develop mechanisms to prevent jail admissions for technical violations of supervision in the community. 2. Curtail the number of new and outstanding warrants for lower -level charges Strategy 2 (a): Analyze warrant data to understand the scope of the problem and to target responses appropriately. Strategy 2 (b): Implement policies and practices that will reduce the number of bench warrants issued for FTAs. Strategy 2 (c): Increase opportunities for people to resolve outstanding warrants. 3. Create a pretrial release process that is individualized and based on data -driven risk assessment to reduce unnecessary pretrial detention. Strategy 3 (a): Ensure defense counsel is present at all bail determinations. Strategy 3 (b): Develop a policy for early and meaningful bail review. Strategy 3 (c): Implement a court date reminder system to allow for greater use of release on personal recognizance. Strategy 3 (d): Adopt and validate a data -driven pretrial risk assessment instrument Strategy 3 (e): Establish a regional pretrial services program to serve all Whatcom County courts. 4. Develop a caseflow management plan to reduce time to disposition and shorten people's length of stay in jail. Strategy 4 (a): Collaboratively, Whatcom County justice system agencies can develop a plan to ensure efficient and fair caseflow management Strategy 4 (b): Develop and track case processing performance measures. 5. Create oversight and accountability mechanisms to ensure successful and sustained jail population reduction. Strategy 5 (a): Reconvene a Law and Justice Council and institutionalize the Council with regular meetings, sufficient staffing, and research capacity. Strategy 5 (b): Report and publish data regularly to ensure transparency and accountability. Strategy 5 (c): Collect data regarding race, ethnicity, and gender at all system points Objective 1. Confirm accomplishments and progress relative to the five (5) Vera report recommendations and strategies. Task 1. Review staff -reported accomplishments in progress report and underlying documentation of accomplishments. (Policies/programs & practices: 5 recommendations, 20 strategies, up to 60 accomplishments and corresponding documentation) Task 2. Review challenges identified by staff in Progress report. (Up to 60 challenges) Task 3. Interview program leaders to accurately assess progress, challenges, gain context. (4-5 interviews, interview preparation/post- documentation) Task 4. Conduct independent data analysis on jail population trends in relation to county policy changes (Pre -meeting with data stewards, data transfer & security, data cleaning/reshaping, data analysis, results/visual presentation) [Jail data, and potentially police data, district court data]. Secure data storage will be provided for this project by the contractor. Task 5. Prepare report card/snapshot on progress/accomplishments vis a vis Vera report recommendations and strategies. Contract for Services Review of Progress on 2017 Vera Report Recommendations V. 2023-1(DocuSign) Page 11 Objective 2. Identify remaining challenges and work to be done. Task 1. Review self -reported challenges, independent data analysis, and 2017 Vera report to identify remaining and emergent challenges. Objective 3. Collate best practices for implementation including and since the 2017 Vera report. Task 1. Identify unaddressed best practices from 2017 Vera Report. Review unaddressed best practices, consulting current policy recommendations from expert organizations such as Vera, Deason Criminal Justice Reform Center, and others. Task 2. Conduct empirical literature reviews on best practices for addressing existing challenges and to learn of promising exemplars. Develop recommendations. Objective 4. Prepare and present a final report. Task 1. Prepare a report, no less than 10 and no longer than 30 pages including an Executive Summary, written for a general audience and provided in pdf format. Report will include an independent, qualitative and quantitative data -informed assessment of progress and accomplishments, remaining work, and best practices for moving forward on unaddressed recommendations. In addition to the report, an appendix will be provided to support information in the report as needed. Task 2. Visual presentation of report findings (2-4 total) to the Incarceration Prevention & Reduction Task Force and County Council. Presentations will be provided remotely. In person presentations may be provided if a mutually agreed upon date and time is determined. Should in person presentations be provided, mileage and expenses are to be reimbursed. Contract for Services Review of Progress on 2017 Vera Report Recommendations V. 2023-1(DocuSign) Page 12 EXHIBIT "B' (COMPENSATION) The following staff will contribute to this project: • Dr. Jennifer Schwartz, Project Lead • Dr. Jennifer Sherman • Graduate student • Graduate student assistants • Report designer The total budget for this project is not to exceed $37,700. The following is a list of tasks shows the budget for each task: Task Rate Estimated Cost Hours 1 Project lead, evaluation, and administration $200 100 $20,000 2 Interviews, consultation $200 20 $4,000 3 Data analysis, assistance with report writin $40 100 $4,000 4 Assistance with review of documents, $30 150 $4,500 literature review, policy briefs Graphic design for report card, report, $125 28 $3,500 5 presentations 6 Other Expenses applicable to Objectives 1 — 4 $1,700 a, Data storage/secure workspace b. Production cost, travel, other incidental TOTAL NOT TO EXCEED AMOUNT $37,700 The county agrees to compensate the contractor according to the tasks listed above. • Contractor may transfer funds between tasks listed above with county pre -approval and limited to no more than 10% change in each task. The contractor shall submit itemized invoices on a quarterly but no more than monthly basis in a format approved by the County, and as follows: Invoices should be submitted by the 25th of the month following the month of service. Billings will be based on tasks completed and reimbursable expenses up to and not exceeding the amounts shown above. A billing progress report of hours and rates for tasks completed will be provided as additional documentation with each invoice. Reimbursable expenses. ■ Mileage at per mile, meals and lodging reimbursements shall not exceed GSA approved rate for Bellingham area. • Copies of receipts are required for reimbursement of expenses other than mileage. Any work performed prior to the effective date of this contract or continuing after the completion date of the same unless otherwise agreed upon in writing, will be at the contractor's expense. Invoices are to be submitted to the Deputy Executive: Tyler Schroeder, Deputy Executive Whatcom County Executive Office 311 Grand Ave, Suite 108 Bellingham, WA 98225 Tsch rued Aco. whatco m. wa. us CC: thelms(&o.whafcom.wa.us: chalka&o.whatcom.wa.us Payment by the County will be considered timely if it is made within 30 days of the receipt and acceptance of billing information from the contractor. Contract for Services Review of Progress on 2017 Vera Report Recommendations V. 2023-1(DocuSign) Page 13 COUNTY COURTHOUSE 311 Grand Avenue, Suite #105 Bellingham, WA 98225-4038 (360)778-5010 TO: FROM: RE: DATE: MEMORANDUM Satpal Sidhu, County Executive Council Staff CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C. RECEIVED APR 19 2023 WHATCOl1A COUNTY EXECUTIVES OFFICE Contract with WSU for review of progress on the 2017 Vera Report April 17, 2023 Enclosed is a contract between Whatcom County and Washington State University for your review and signature. ■ Background and Purpose In 2017, The Incarceration Prevention and Reduction Task Force (IPRTF) received consultation services from the Vera Institute of Justice, nationally -renowned experts in criminal justice. The report findings have informed the work of the IPRTF. An independent review of our county and community's progress on addressing the recommendations and strategies of the Vera Report is needed. a Funding Amount and Source The funding amount for this contract is $37,700. Funding is available through the New Health, Safety & Justice Facility Fund. Encl.