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HomeMy WebLinkAbout091712_ca02C:o~~s~nt A~ci>c~a Y4~~M ~~~~ ~~~~Es~~ +~[]T.J'NTY ~'~~c HEALT~I ?s~';~~ 6~ ~ Sheridan Stree# a Part Tawnsand q Washin~t~n c~ ~i3~i www.j~ffersssncou r~typublicr~ea rib. o rg I~ugust 3, 2012 ~~~'~~ ~~ ~~~~~ ~~~~M'~~5~~~~~~ A~EN''I3A REQUEST ~(}; Board o~ ~vu~n~ryr ~v!mr~issivners ~fiiiip ~vriey~ Cvu~+~y Ad~inistratnr FR~(]M: Jean Baldwin, Director SATE: ~-?, ~ ~ ~ ~-~, ~: ~ ~ P ~ t~j ~ ~. SUB~E~7': Agenda ~tefn - Professional) Services Agreement ~- Port Townsend School District, Birth -- 3 years; 3uly 1, ~~312 - Jane 30, 2D13, $~i,~~4. STATEMENT OF ISSUE: Jefferson County Public Health, Developmental Disabilities Division, is requesting Board approval of the Professional Services Agreement -Bart Townsend Schaal District, Birth -~ 3 years; July 1, 20.2 Jane 3g, 2g13; $6,8€4. ANAL.YSISISTRATEGIC G~ALSIFR~'S ~rtd Cfl'M'S: This agreement with Bart Townsend School District provides assessment, intervention, education, and. specialized therapy for infants and pre-school children who are suspected of having a developmental delay or disabi~iity. Bost Townsend School District will provide services for eligible children upon request by JCl'H, with compensation on a fee far service basis. Individualized Family Service Blans (IFSP's} will be developed by the district, in collaboration with the family and other providers, to meet the developmenta~i needs of each eligible infant or toddler while meeting the needs of the family related to enhancing the infant or toddler's development. tach IFSP contains parent ,planned priorities and outcomes for each child. Each contains goals and objectives as well as evaluative and documentary tools for intervention service and funding sources. FISCAL.. IMPACTI~t'}ST ~EMEFIT ANALYSIS: Funding for these services is provided through our contract with DSHS Division of Developmental Disabilities (DDD}. The agreement is a subcontract through DSNS DDD as part of the Child development program. The budget reflects revenge and expense for this vendor. COMMUNITY HEALTH PUBLIC HEALTH EfVVIRC?NMENTALHEAUH DEVEL(7F~MENTAL C~ISABII_I' F `, WATER QUALITY MAIN: (36Qy 3$5-9400 ArWAY5 9N0'RI(IHfa FOR A SAFER Ali MAIN: t3~pp 3$5-9444 FA?(: (360) 3$5-9401 HEALTHIER C'OMIIIIUNLTV FA?(: (360) 379-4487 C:~>r~ser~t ,hge~ada RECl7MME!NDA7I ~': JCPNi mara~gement request ap~rava! of tkre Professmonai Services Agreement -Port Townsend School District, Birth ~ 3 years; July ~, 2g12 -June 3g, 2g~:~; $0,864 REVIEW[} BY: ~~I~I~ i~ori~ey. 'C ~ Ad ~r16S~~'~t(3~ ante (Rowed to alh P~ab~ic Hea9th ~ar~agers} SUBC'QNTRA~T ~()R PRUIH ESST+ONA1=. SERVI~C`1E:5 Agreement Behveen JEF1l~ERS[31~T CC)L~TY PU)E3LTC HEALTH And PORT T(3W'1~IS11I~ID SCH[}DI~ DISTRICT This agreement is made and entered into 'between Jefferson County Public I~lealtYt (CC7tnJ1~1TY) asad Part `l`ownsend School' I=]strict (SY]~C=(731"I"ItACT[3R) for prawision flf educational and therape9stic services fdr Jefferson Coa.snty children? age birth to three years and their families. `The tersat of thus agreement is July' 1, 2QI2 through June 3Q, 2(}13. l~ifher party napon 6Q days written notice may terminate this contract. Termination of this Contract shall not constitute a breads. It is Agreed Between f3at}n Parties as ltiTamed Herein as Fallon s: A. PRt)FESSIC}NAL S~It~i'ICES Upan written request by C(3llN"I'Y Developmental Disabilities Coordinator ar a CC)t1NTY authorized Family Pesource Coordinator (FRC), professional services to be provided by 5U13CC)NTI~ACTC)R shall include: Multi-disciplinary Evalenation and Assessment of children age birth to 2 years ~ months of age that are suspected of having developmental delay or disability. °1`he evaluation tools and procedures selected will conform to WAC 275~27~02b requirements. Individualized Family Service Plat7s (lf`SP} developed in collabaratian with the farrtily and other providers. SUBCUNTItAC`I'C~R and flee fas~nsly will write the IFSP jointly on appro~~ed fnrsa~s. evaluation and dacumentatis~n of funding sources available for intervention services, both educational and therapeutic services will be specified in the IFSP. Potential i'trrtdis7g sources to be evals~~tted include private insurance, military health benefits, ?'vledicaid 1 healthy Options, C75P1, and other public r~r private sources. IFSP will cot~taitt parent planning prioritieslotstcomes arsd child outcomes. Specialil:ed Services {developmental, corrective, and other services} to assist infants and toddlers to achieve developmental goals as specifiied in floe INSP. which may include; occupational therapy', physical t3rerapy, speech-language therapy, at~d specialized insiructioni'eelucation. b. Specialised Services will be provided to the rnaximunrs extent appropriate in stattnral environments, including the home and conrsmunitti' settings ire which children without disabilities participate. Program manages~ne9~t. 1' 9'S t3 Cuntrsct 2C~ @ Z-2t19 3 Ili. Q)l#LIGATIUNS SI.TBC ()NTRACT'C]R shall fulfill the following obligations: SUBCC7NTRACTf3R shall comply with all state and federal requirements r-egarrlirrg the confidentiality of client rcccards. Client inforrnation is not disclosable to the public. Infortrratiarr acquired pursuant to RCW 71A.14.Q7Q requires a signed Release of Information or a signed Caatlr of Confidental'sty harm. 2. SUBCONTRACTC7R shall require, pursuant to RCW 43,43.830-845, any prospective employee, who will ar may }rave unsupervised acccess to a person with a developmental disability,. in the course of his ar her employment, or involverrrerrt with the business or organization, to lrave. a ~'aslringtorr State Patrol Criminal {'uV.S.P.) Background Check. SUBCC~NTRAC"TQR is required pursuant to RCW 74.15, that if any prospective employee, v<h« has not resided in 1~'ashrrgtan State during the last three years, and who will or may have unsr.rperv~ised access to a person evith a developmental disability, in the course of Iris ar her em~playment, or involvement ~~ith the business ar organiLation, must lrave a l~.B.l. 1-Fingerprint Clreck. This fingerprint check must occur before cmplpyment begins working. Sl_9BCUNTRACTC)R is required, with respect Crirrrinal Background Check every three years, 1=.8.1. Fingerprint Clreck must go through the IJSHS irr C3lyrnpia. to existing employees, to repeat the W.S,P. W.S. P. Criminal 'F3ackgrourrd Check arrd the Background Check Central d..Jrrit t)f`fice within SUBCC7NTRACTfl~R shall comply with the follaeving I~17U Policies: 3.01 C:lierrt Service Plans, S.Ol Criminal I-listory Background Checks and Safeguarding Personal Itric3rmation, 5.0? Necessary Supplerrrental Acsc~rrrrtrodation (NSA.), 5.03 Client Complaints, S.(15 I.inrited I~rrglislr Prat~ciency (1;F:P) Clients, 5.06 Client Rights, 5.13 Protectiarrs l~ro~tr Abusc, S.l~l Positive Behavior Support, 5.15 Ilse of Restrictive Procedures, 6.08 Mandatory Reporting Requiremcrrts far E:mployrnent and ~L3ay Program Services Providers, 6.I3 BrrrplaymerrtfUay Program Prc}vide~~ +Qualifications, 9.07 Human Immunodeficiency Virus {~-IIV) and Acquired Irnmunc. [)el~icienc~ 5yndrorne {AIDS), 12.U1 Incident Management, I3.04 DR1ty' Access Agreement anci the 199'? Count~• Catridel'ines. SL1E3C(3lgT~IiAC1'[3R shall have written policies regarding; sexual harassment and non- discrimination (said policies must guarantee ]rurtran.~civil rights), a persarr's right tc7 privacy. safeguarding personal information abuse of participants, agency medication procedure, respectful stafl~to-participant interactiarrs, (i.e.: including a person's right to be treated with dignity acrd respect and free of abuse}. Sf]BCCINTRACTC3R shall assure that participants in accardanr=e rvitl3 Nec~.ssary Supple~7iental Accorrrmodatian NSA}, Policy 5.D2, have bean informed of their rights, what scrviccs and benefits may be expected from the program, the prUgram's expcctatiorrs of~them, arrd if`rrecessary, shall assure that the participant's family, grrardi~tn or advocate is also informed. 5f3BCC+NTRAC'I`C~R shall have a grievance ps,~licy that: • negotiates conflicts acrd advises participants of grievance procedures, • is explained to participants and others irr accordance with tl~e NSA, I]L~D Prrlicy 5.0?, • prohibits retaliation for using the grievance process, • includes a. Harr retaliation statement, 9'~T~S~7 C'Qntratit 2Ui 2-2f31y • assure that advae;ates are available and e;ncaurages participants to bring advocates tea help raegatiate, includes a mediation pracess that proraaates the use of sanaeane ~wha is a€naffected by the otrtcnme if`canflicts, reraaai€a unresolved (a D~i}L7 Case Resat€rce ll~anager may be included as an alternatiti~e ~ptian} & includes a pracess far tracl4ing and reparting grieve€aces. SUBCC)NTRACTt)R s'laall obtain grad retain in the clients' files sig€aed proof of client's andlor family's revieww of all policies, provider expectation and receipt of infaratia€a about services and benefits to be provided by the pragrarn, The signed proof required 1}y this Section shall be rev°iewed and renewed with new documentation on nat. less than an arant€al basis. ]0. 5U13C~NTRACT+C]R wil9 encourage participa€at inwolvernent in policy de,welapraaerat. 1 1. SUBC{]NTR~CTCtR swill insure that potential conflicts of interest real ar apparent, will rant zarise. Such a conflict wwill arise when: The ertaplayee, of#icer ar agent, any race€aaber of isaamediate farraily, Guardian 1 decision raaa]tc:r, ar are organization ~•laicla ernplays, nr is about to enaplny, any of tlae above, has financial or atlaer interest in the clients}. 12. ~f SUBCC7N`l~R~,CT~R is found to ha4'e a substantiated finding a1' abuse, neglect, aba€adanlrrent or financial e?cploitation they shall comply ~witb the Failowwing Cl?S guideli€a~s:. ^ Upora receiving dacumerttatian of a substantiated finding of abuse, neglect, exploitation ar abandonrnertt franc Cl'S, the Regional 1L71}C3 office will send a copy of flee C'p5 subsea€atiation repast to the CUUNTY within one wnrking day. r Upon receiving dacurnentatiara of a substantiated finding of abuse, flee CC3L!NTY wwill send a letter to flee SU13Ct7NTRAC'TC)Rvithin one working day. 1, The contracted' provider is required to: a. ®ocurnent the steps the agency has taken to prated the vulnerable persan(s} inurrediately; and b. Submit a corrective action plan, if receded, to the CQ~JT~ITY within 1 ~ working days. The C4)fJNTY will resparad to the steps taken rrnd flee sr.€tTicieney of the proposed cnrr~ctiwe ae:tiosa plan within l©~vorking days. if the corrective action is not accepted the plan ~wil'1 be returned to the provider far corrcctic~n and a€a amended plan tiwill be required within ~ ~~orking, days. Unce accepted, the CC3Ul~1TY v<rill send the corrective ac.tian plan to Dl]i] for f€nal approval. l~taU Regional staff will respond as to plan sufficie;racy and r~ulaether Gray additia€aal infarnaation is needed within 14 ~a~•ar~king days. 1"lee I~egian will send a capy~ to Central tJttice;. 13. SI.JgCONT[tACTUR is required to rraaintain the fallaavi€ag raaininau€aa arganizata€aal capacity in order to meet flee perfarrraance standards set Earth ire this agreement. failure nr inability caf Sr.~BC~NTRACTC)R to meet any ar all of these: minimura~r cap<acit~• regrriremc.nts, as deter€aained salely° by CC)LdgTY, may fire; cause far terraainatian of this agreeraaent as proeiided herein. r'`S'SI] C'oit~racr ?{l3 ~-2U13 (a} C-ualifled Staff: Adequate., qualified staff with certification, skills and experience in evaleratian, teaching, tlaerapeartic services and suppcsrt c~F infants and saddlers vv'itla develfaprneratal disabilities. St.1I3C~NTRACTDR will provide CQ[J~IT'~ with inforraaatian regarding staff qualifications upon request. (b} P'erfarmance flan:. SUI3CQIrlTRACT~R has a written performance plan w°hicla describes its mission, program objectives, expected outcomes, laow and wvhen abjeciives twill be accarnplished; and that the ,plan is evaluated at least biennially and revised based ora lctual performance,. (c} Partici ants:. SUBC~JN'fRAC"1"RJR has a coraamitment to support integration of infants anti saddlers with developmental disabilities with others evho da root have a disabilit}° arad has involved ;Family members of infants grad toddlers evith developmental disabilities in policy der°elapment. (d} Partners" hips.: S[.1l3CCJt~1TRACsI`[3R has a history aFworking cooperatively with caraaraauraisr- based organizations including tither Agencies, Infant and Toddler Early lntcrverrtic>ra Pr€agram, ~(ITEIP}, the Lead agency Far ITI~1P, the Cor.mty I3D Program, the Division caf Developmental Disabilities and other School Districts. fie} h°inancial arad Program Management: Systems and personnel to: maintain accounting i°eccarcis that accurately reflect all prngrarn revenues and expetaditures; prepare monthly statenaenrs of activity (ADSA Reports}; maintain appropriate Client service retards and progress reports; and traelc key program. perfarraaancc indicators. 14, All sc.n°ices for' infants arad toddlers with developmental disabilities must be provided evith attention to their health and safety. SUf3Cf~I~1'I°RAC'I'C}R shall coraaply w°ith ail applicable federal, state and local tire, health and safety regulations. Staffing ratios and patterns are adegarate to maintain quality arad safety 15. SLIiiCOI~ITRACTO'ft will provide Claild Develaprnent Srvrr'ices (F3irtla to Three} Services: a} 'I"o the child and family ra a tirnely manner. (Services are considered timely if they Begin within ail day's of sloe start date ora the signed IItSP unless the IFSP docuraaents that the parent requested. a delay in sloe start of the services}. b} [ra conapliante with the natural environments criteria for lDl~A, Fart ~' arad 1~'ashington State's federally approved Early Interventiara Plara. c} That meet the highest entry' level rrvquirements in GVashington Stale fear p;arly Cntervention professionals, (training, experience arad expertise of staft~ and relate to the needs of sloe participants.. d) That conducts the evaluation teligibility}, assessment (child and family need) and the: lndividualieed Fara-riiy Service Plan (IFSP}within 45 days of receipt aFreferral. (Referral is defined as sloe date sloe family resarrrtes coordinator or lead agency received referral). e} That assist the family to enstrre the child Obtained an evaluation b}, a rxrultidiscipliraar~y team. f} Tlaat receives tram the part:nt, a written consent For all activities related to tlas: proaision oaf Carl} Inierventiora Services in sloe fianaily's native language ar otlaer~ mode oFcaraanaunitatian. g} That assure the l1~SP was reviewed every six months rvitla a new• plan written annually. h} That assures that progress toward the ch°:ld and family outcomes within tl7e IFSP are assessed on an ongoing basis and documernted at bast annually. i} That provides child and family outcomes within the tFSf' that. are functional and based on tl3e irldividuali~ed needs nf` the infant or toddt'er and the concerns and the priorities of t-ae family. Child. specific Autonrnes reflect the cl3ild's participation ire everyday routines and' activities. Farrrily specific outcomes address the capaoity of'the farrrily to entrance th~:ir child's development. j} Tn the maxirrrum extant appre~priate fnr the individual child, in naturally ncc:urring. environments and oce.urs in a setting other titan a natural environment only when early intervention cannot lac achieved satisfactorily fnr an infant or toddler in a natural environment. kj '~I"hat provide a Transition Plan fnr each ohild participating in the early intervention program was developed at least 4[l days prier to the child's third birthday. -fi. SUt3CC)tJTRACT(~lt shelf report any injury nr accident, which requires more Haan simple first aic-, and any extraordinary incident that requires intervention, f'srst to the L~Sf-lSfI3)~D Case Manager f«r the individual involved and then to tlrc Cnunt}F Coordinator. T-ris inc.ludcs scrims physical ar emotional hanrt nr potential harm. The utitial report may be done through documented telephone calls to the County Cnnrdinatnr. SUgCC)NTRACT'C?tt shall submit a w°ritten fnllnw~-up report w°itlain 1 ~ days to the Cnur~ty Coordinator. ~"he report to the County Coordinator r3~ay be submitted by emcii-, facsimile (t=AX} to (36(t) 3$S-9~d(}l nr by mail to Jefferson Cnrrnty Public l-lealtl7, bl5 Sheridan Street f'nrt ~"orvnse:nd, V~'A X8368. Serious and er~rergeaSt ine'sdents shall fee handled in accordance with l~S1-151CUt7l-) 1'nlicy 1?.~l traeident r"vlanagement. 1 ~'. rvL'ithin ~d~ days of the efl'eotive date of this agreement and at least semi-annually thereafter, SUgCi~N"fRr-1C~f`ClR will provide financial reports to COUNTY, iracludir~g all revenues and expenses generated by SUf3COT~ITRACT[~1~, in sufficient detail to demonstrate the uses nf` funds provided under this agreement. d8. For five years following the- end date of this agreement, SUI3CUN"f`RAC"1`fllR will mairatairr client records and bonl:s, records, documents, reports ar~d other evidence of accounting procedures grad practices which sufficiently artd properly reflect all direct and indirect expenditures of fur~cls provided under this agreement. Client records shall minimally irrclfrde statement of client goal's, documentation nf` training provided, training hours, routine grogress notes and biannual stirn4a~ary progress toward meeting client goals. 19. :Flake available fnr is~speetion, review or audit by County f~D Coordinator at all reasonable tunes; ail client recor€ls; as~d all documents, reports and other data applicable to this agree meet. I'l S6J C[anl€t~Ct 24312-?UE3 20. The COUIs1TY shall monitor services delivered and conduct at ].cast one an-situ visit with Slll3C[_)'1tiTRACTUR during the biennuisrr to assure compliance with tl~e lI)DD State Work C)rder. Z I . St~SCO~NTRACTDR agrees to assign to COUI~I'I"Y its lVledicaid I3i[ling Rights for services to clients eligible under Title XI~C programs. Written documentation shall be available to CDL.INTY on request. If SLIBCQN TRAC"I'[]R contracts directly with DSI~IS to provide covered services under Title XIX, C(1LiI`ITY agrees that funding intended far those clients shall be excluded From this agreement. 22. Ifthe Developmental Disabilities Program Coordinator tir~ds indications of potential nos~- compliisnce during the earitract: monitoring. proses-s or learns that the SL1I3Ct]i'~i~I`RAC'I'(3It is out of compliance with any of`t}~e terms or conditions of this contract, the following process will be pursued: ~a} Informal Notification: [nforrrral process wherein hire Cnunty° Coordinator alerts the SU13CC~IvITRACTC)R in w•ritir7g of the potential non-compliance and an agreeable solution is reached within five (5) days. (b) C)fticial Notification: !f the informal notifrcation does not result in resolution, the official notitication of passible non-compliance to establish a date, vvithi~n five (5) working days of~ notification, when represerytatives of the Count}° and tlae SLJt3CC7Isf~"RACTflIt s1'~a11 merit to discuss areas of contention and attempt to resolve tl7e issues. {c} Written Summary: Within Five (5) working days of such official notification the Cocrnty will provide the SLJf3CONTRACTC~+R a written sumrr~ary~ of the areas of r~on-compliance. by certified snail. 111otice shall be sent to the address identified in the Agreement. {d) Discussion: Within twenty (2II) days oftl~e date of'the written surnmary~, a discussion between C:aunty as~d Sl,JI3Cf)N"I"RACTOR sirall be condrscted to resolve. areas of non- compliance or potent%al rron-compliance. {e) Should the above procedures fail to resolve the compliance issue, tl~e parties wilt obtain the services of the Peninsula Dispute Resolution Center, or another agreed upon reseurce, grid shall share equally in any retainer fees or other costs of services. !f no agreement is reached, the mediator's decision in the matter vvil'I be binding, on all parties, except that ira no event will the Courmt}~ honor a financial determination that is greatrrr than the fitrtds allavved the scope of this Agreement. C. RE1<'MSURSI~IVIEIVTS For said services rendered under this agreement, CULI~i`I`Y shall reimburse SL1t3CDN I°RACYZ C)R os~ a unit rate basis, as folfovvs: )/ar, 9~lntervention S~rvic~s SL)F3COI~ITRACT`C3R ~~•ill be paid. per M~C3N'Tl-1LY Unit assigned Service Responsibilit}~~ of regular Pr~~gram Serv°ice prov=ided to eligible clients on aFee-for-service basis according to Attachs;sser~t i, )Fee Schedule. Reirnbursei~ient to SLJBCC7'~!"I'RACTC7R b}' C[~LJI~TY will. be tl~e net cryrz~urrt of the applicrxb~'e fee per ,4ttachr~aertt 1, less ct~zy crrrauirrrts receives] frrnr other ftracr'rrtg sr~urces frsr th€ servic•e pre~viclerl. Afl referrals ar requests for services under this agreerrrent will be in writing using a County Service r^srrthorisaton form, (CSA} agreed to and signed' l~}• tl}e parties. I'"9 Sri C:ar~rr~et Tf71? ?{31 i S>C.JBC+DNTRACTUit will bill CC]UNTY can a monthly basis, an or before the 5th day of`tlae rraontla, far units of service provided under this agreement during the preceding rraontla. SUI~CC7NTRACTpR will submit a Monthly Dl]I? Services Report ~AIaSAj form ftir its billings. At no time shall tlae invoices far reimbursement be submitted more tlaara bd3 calendar days fallowing the last day of tlae. mtanth for wh ch the ser~viCes were provided. 4, Ct7UNTY may°, at its option, withhold reimburseraaent for Gray month for w=hich required repcarts have root been received ar are neat accurate andlor complet+v. COUNTY may witlrhald reimbursernent fear aray service for wlaicla documentation that shows the CQUNTY as the second payer of last restart has snot been tarav'sded. The IhSp must clearly document fund'srag source per service for each service reimbursement requested. SU13CC3NTRACTC~It will provide documentation of County service rt:irrabursements along w~itla all other funding sources pursued by SiJl3CC~NT'ItAC"l"+DI: at the Brad ai' floe service percad r'aranually ar during site rnanitaring. l:Jocurnentatian will identify the funding saurce+(s}, cliecat name, service provided, date of sen~ice, amaunt~s) paid and amourat~s}denied. Total reimbursements for the fiscal year of 2(312-2[}I3 to Si~BCC3ltiITlZAC"1'(~lt by CUtJN"l'Y under this Contract shall not excr~d 56,864.44 ire completion of these services without express written arnendnaerat signed by loath parties to this flgreesnent. `flail fate! reirrrbursemerat includes. any araaendrnent within the lriscal year of 2[312-24] 3. D. MISC:FLL.~ANEC7LTS pursuant to WAC 275, pSI-IS ~ivisian ofDevelopmeratial Disabilities (17I7D} shall determine individual eligibility of persons far services delivered under this agreement. DDD shall notify CCttJ~1TY of persons authorized for services reimbursed under flail agreeraaent. C3nly persons referred to CtJCJNTY by° DIED shall tae eligible f[ar ser4~ices reimbursed under this agreement. "1"lre S@J13Ct7lVTRACTC?It shall neat sublet ar assign gray of the services covered by this AGRIEMCNT without the express written Consent of the CC]EJN"I'Y. Assignment does not irrClude printing or other customary reimbursable expenses that snag be provided ire an A+G~EENIENT.. Tlae SUBCC?NTItACTC31~'S relation to the C(]UN'1'Y shall be at all times as an iradeperaderat SCJBCC~NTRACTQR and any af'all employees of the Sl..1I3CC]NT~A.C'T'C3R or other persons engaged in the perfarmarace of any. work ar service required of the SLJI3C~NTRAC`f[}R rmder~ this AG1~.E1J'w9Fl~T shall be considered employees of the SUE3CC3N~l,l~ACTC)ft only and any elairras that may arise on behalf of or against said employees shall be the sole oblgatiara and responsibility of the 5Ul3CClN`I~RAC'rClli. The SUl3C~NTRAC`r~R shall neat sublet ar assign any caf`the services covered by this ~,~iftE1/1'vf~:NT without the express written ctansent raf the COU~i"I~Y. Assignn~e:nt does rent include printing or father custctm~ry reirnbursabl~ expenses that army be provided in an !~CrIZEI/MENT. The S[JBC~NTRAC~IF'~JF~ shall obtain and keep in force during floe terms of the A{~1Z~E.PviLN'f, or as otherwise required, the fcallawing irasurarrce with companies ar through sources apprcaved by the State Insurance Commissioner pursuant era RCW 4$:#~5: (a) Vsjorker's cornpensacican and rrrrrployer-'s liability insurance as required by the StErte rain '-~'asiaingtan. r'`I'Sr] C`ue3rr~et 2{.aP~-?li l3 (b) Commercial Automobile Liability car Business Use Insurance pravidirtb bodily injury ao~d property damage liability coverage fear all owned acid non-awned vehicles assigned' t© or used in the performance of the wart{ for a combined single lirttit oI` not less than $I,U(341,1~(}Q each occurrence with the C+DUNTY named as an additional insured in connection with the ~[.TBCQ~TR.A[:~I"CDR'S per-forrraance of the contr-act, (c} Cseneral Commercial Liability Insurance in an amount not less than a single limit of one million dollars {$I,4IUtl,a[3{I.fI[1} per occurrence and a af?fre~ate of not less theta ttis~o (2} times the occurrertce amount ($Z,440,~I7{].(~U minimum} fear bodily injury, includit}~ death and property damage, unless a greater amount is specified in the contract specifications. The insurance coverage shall catttain no limitafi'tons an the scope of the protection provided and include the following minimum ccaverage: {I} Broad Farm Property 1=larnage, with no employee exclusion; {2} Personal Injury Inability, including extended bodily injury; {3) Broad Farm ContractuallContmercia] Liability - including completed. operfttiotas; (4} Premises -Operations Liability (M&C), (5~ Independent Contractors and Subcantractc}rs (6} Blanket Ccantractual Liability. rill employees nr subcontractors of SUBCOI~TRAC~I~OR wl7o are required to be professiotaaily certified by the State in the performance of services under dais. agreemetat shall maintain professional liability insurance in the amount of not less tl~an one million dollars ($l,~(I[],flfli~}. In no case shall srrch professional liability to third parties be limited in gray ~vay, I'raof of StJBC01'~1TRACTOIZ's membership in a self=insatred risk pool for school districts pursuant to chapter 411.62 RCVV shall suffsce if the applicable liability limits of said liability pokey exceed those listed here.. It shall be tlae responsibility of the SUI3CC3N'I~RAC"1"OR to insure that any ~nld all persons engaged in the performance of any ti~~ark ar service recluirad of the SLIBCDItiITItt'i.CTt7R ut3der this AGRELMBN"f, shall comply with the same insurance requirert~tertts that SUI3COtiTRACTOR is regrired to meet. Failure on the part of the SUBCON~I`RACTOR to rnauytaitt the insurance as required shall constitute a material broach of contract upon ~~•hich the COUNTY may, after giving Five workini days taatice to the SUBCOI~C°I`RACTOR to correct the breach, immediately terminate the catatract or, at its discretion, prcaeure or renet~~ such insurance and pay any arad all premiums in rc>mlectian therewith, with any starts sa expended to be repaid to the COUN"l`Y ore demand, or at tlae scale discretion of the COUN"TY, off set against funds clue the SUBCOV`I-"R.ACTi)R (rant tlae COUNTY. rill cost for it7suranee s17a11 be considered incidental to and included irz the to}it contract prices and no additional paytrtent will be made. It}. Excepting the Workers Competasation insurance and any professional liability insurance secrtred by the S'UBCOIVTRAC~I`C}R, the COU'N"I`Y will be named on all certif"~catLS of insarrancc as an additional insured. "I~he Sl.]BCONTRACTOFt shall fttrnisli the C'OU?~I"I'Y with vcrifteatian of irsurance and eradorsetrtents required by this AGREEMENT. Tlie St~BCC3NTRACT{3R reserves the right to require complete, certified copies of all required insrrance policies at any time..All r~TSr] C:~nrract ?+J I2~?[?r3 insurance policies the SLJBCOI~ITRACTOR obtains pursuant to khis Agreement shall be pr'€mary to any insurance held by the COUNTY. 11. All insurance shall be obtained from an insurance corr€pany authorised to do business in the State of Washing on. The SUBCOItifTRACTOR shall submit a verification of insurance as outlined l~e;rei€t within ] 4 days of the execution of this AC',REf."v1f;N`f to the COUNTY. l2. The COUNTY will pay no progress payments under Section C until the SUI3CONTRACTC)R leas fully complied with this section. `1°his remedy is not exclusive; and tine CUUN`f`Y may take such other action as is available to them under other provisions of tl3is AGREBN1lNT, or otl~erv~ ise in lave. 13. Nothing in the farcgoing insurance requirements shall prevent the COUNTY,. at its option, born additionally requesting fleet the SLrf3CONTRACTOR deliver to the C.OL]"I~ITY an executed bond as security for the faithfiil performance of this contract and for payment of all obligations af'tl~e SUBCONTRACTOR. 14, "Glee SL]I3CONTRAC°I~OR shall comply with all federal, State, and local laws and ordinances applicable to the work to be done under this AC,RLI:MBNT. This AC1RLf,1viENT' shall be interpreted and construed in accord with the laws of the 'State:- of Waskrington and venue shall be in .lefferson COUN`T'Y, "-~'A. l5. The SUBCOfiITRACTOR, by signature to this Agreement, ce:rtifics that the SLJBC:C)NTRAC"T"C)TZ is not presently' debarred, suspended,. propost;d for debarment, declared ineligible, or volt€nt~rrily exclarded frarrs participating in this Agreement or any Agreement by any federal depart€~rer7t or agency. The SUl3C®INTRACTC3R also agrees to include the. abavr. requirement to all subcontracts into vvhicl7 it enters, 1 b. The SUE3CONTRACTOR shall i:rdemnify and held the Cf)L1N=CY, and their officers e€nployees, and agents ]armless fram anti shall process ar7d defend at its os~'n expense, including all costs, attorney fees ancf expenses relating Thereto, all claims, demo€~ds, or suits at law or equity arising i€} 4v~1-Sole ar ire park, direetfy ar iratlir~ctly, fram the SUBC[)lel"I"RAC"1'OR' raegliger~ce or bre~r~l~ of ar7y of its obligations under this AGRElultr}1N"l'; provided that nothing ~lterein shall require a SUBCONTRACTC)R to indemnify the COLa'NTY against and bald l~arrnless the C.OLJl~i"1~Y l'rc~rn claims, demands ar su'€ts based. solely open the conduct of the COUI~T'GY, their off`€cers, eml~la_yFzes and agents, and provided further that if the claims or suits are caused by ar result Barn the:. cont;urrent negligence of: {a} the SUBCOI~TRAC"I"OTt'S agents or employees; antf, (b) tltc COUNTY, its officers, employees and agents, This indemnity provision w~~ith respect to (1 } claims o€- suits based upon such regligence, andlor (Z} tl~e casts to the COUNTY of deTt'ndis~g srreh claims and suits, etc., shall be valid and enforceable only to the extend al' the St]T3C:ON"C'TiAC"f`C3R'S negligence ar the negligence of the SUBCONTRACTOR'S agents or employees. 17. Clai€rns against the COUNTY shall i€aclude, but not be limited to assertions that. the use and transfer of any software, book, doeumeni, report, f€lm, tape, or sound reproduction of material of any 4tir~d, delivered there render., constitutes an infringement of any copyright, patent, trademark, trade name, or atlrert~vsse results in an unfair trade practice ar an €€nlawful restraint of competition. 18. `The SL]BCONTRACTOR specifically assumes potential liability for actions brought ag<iir~st the COL]NTY by Sl]T3CONTRACTOR'S cmplayees, including all other persons engaged in the performa€rc.e of any work or service required of the SL]T3CC3N~T'Ia.AC:"1'OR ernder this AG1"tl;Blv1FN'T' and, solely for tl~e purpose of this indemnification rand defense, the SLs13CONTR.ACTOIt specifically waives a€~y imrnursity under the state indrsstrial irfisurance law, Tilde 51 RCW. ~l'l~e SL]BC+JI\l'T'I~.ACTf~R recognizes that this waiver was specifically entered i€rto pursuant to provisions of RCW ~.2~.T 1.5 and was subject of nruttral negatiatian. ~''! SE3 Contract 212-2[}13 lg. SLIBCQI~i~TRACT~tt shall not discriminate against any person presenting therrasc:lves for services based on race, religion, colas, sex., age ar national origin. 20. CC}[]NTY reserves the right to terminate this contract ire wvho9e or in part, without prior rvri#ten notice, in the event that expected or actual funding #i-om the Department of Soc.ia! and 1-lealth Services Division of I]evelopmental Disabilities is withdrawn, redzrced, or limited 'sn any way after the effective date of this agreement. in the event of termination under this clause, CC3L'~i~`Y steal l be liable only for payment far services rendered prior- to the effective date of termination. Z 9 , No portion of this contract may be assigned or subcontracted to any ether indiaidual, frrrrl, or entity without the express and prior written approval of CDUN~'Y. I1" t4~e County agrees in writing tl~zst a91 or a portion of this Contract may be subcontracted to a third-pas-ty~, then any contract or- agreement between the contractor and athird-party subcontractor must contain all provisions of this contract and the subcontractor must agree to be bound by ail terms and obligations found in this agreer~~er~t. Ailai'~ED THIS day of , ZOIZ. ley: _ John Austin, Chairman Jefferson County 73oard ofComrnissioners >3y: Port Townsend Sehaol District 5zrperi:ztendent ~y: _ . Clerlt ofthe Hoard ,~+,PPI~C}V ED AS T(~ FDRiVI ;~JI'~1;.Y: ~;. r ~' 1~, fey: ~~ Jefferson County Civil Deputy Pros ;c trng Attorney P"9`SD C:antract 2(312 X413 1 tl A'I'"I'AC~NTFNT 1 FEE SCIIEI)C.`I.,IF~ 1~ari~~ Intei-ven#cyn tinit of Service [7ne U1~6iT of CAIt1;Y INTIRVt~I~TIt?N Service is $143.~]{~. f7ne UNIT is deFnecl as nne MC?;U'I'I1 direct service ro one e1i~ib}e client. ~. ~Jne 1v1C31~T1'I of direct service is defined as a minirntsm of one (t) & a maxir~aum of three (3~ hours of IA1~LY 1N'I`~RVE?tIT''I~l'~ Services for one child. A maxiinus~n of Four +(4} UNITS of I=;Al~1;,Y INT~'FLV1/~ITI~3N Service may bc, billed c~rr a monthly basis. Nat to exceeel Sb,~364 in carrspletiar~ of services far tlhe ciaratian oI'the cantraet without express ~°ritten a~nenrlraent. r'"9;5~ C~antras:t 2tJ 12-2€~ f 3