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Home My WebLink About101512_ca01"~ JEFFERSON COUNTY PUBLIC HEALTH ~= ' `~_ ;~ 615 Sheridan Street ~ Port Townsend o Washington o 98368 www.jeffe rsoncou ntypu blichea Ith. org JEFFERSON COUNTY BOARD OF COUNTY COMMISSIC AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Jean Baldwin, Director DATE: U ~~_+~~~~?.r t ~ ~-.~? I <~ September 20, 2012 SUBJECT: Agenda Item -Professional Services Agreement with the ARC of Kitsap and Jefferson Counties; September 1, 2012 -June 1, 2013; $3,500 STATEMENT OF ISSUE: Jefferson County Public Health, Developmental Disabilities Division, requests Board approval of Professional Services Agreement evith the ARC of Kitsap and Jefferson Counties; September 1, 2012 -June 1, 2013; 53,500 ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: The Subcontractor will create five newsletters focusing on emotional support and information regarding developmental disabilities or special needs. The newsletters will also focus on community resources, legislative education, and advocacy for people with disabilities and parents of children/adults with disabilities. These newsletters will be sent to persons with developmental disabilities and their families, to individuals working in this field and to those who are interested in the field of developmental disabilities. FISCAL IMPACT/COST BENEFIT ANALYSIS: This professional services agreement is covered in the DDD through DSHS. The budget reflects revenue and expense for this vendor. RECOMMENDATION: JCPH management request approval of the Professional Services Agreement with the ARC of Kitsap and Jefferson Counties; September 1, 2012 -June 1, 2013; $3,500 REVIEWED BY: 9/s~.~i~ 'Philip Morley,-County Administrator Date COMMUNITY HEALTH PUBLIC HEALTH ENVIRONMENTAL HEALTH D£VELO?MENTAL DISABILITIES WATER QUALITY MAIN: (360) 385-9400 ALWAYS WORKIX(i FOR A SAFER AND MAIN: (350} 385-9444 FA%: )360) 385-9401 HEALTHIER COMMUNITY FAX: (360} 37~-4487 '~___ 'JEFFERSON COUNTY PUBLIC HEALTH ` - 015 Sheridan Street • Port Townsend • LVasMngicn • 98368 www.jeffersoncountypublichealth.org September 20, 2012 Anna McEnery, Developmental Disabilities Program Coordinator, manages several contracts where the vendors are a sole source provider. One of them is with the ARC of Kitsap and Jefferson Counties. This contract is awarded without competition, because the ARC has the professional & technical expertise, the knowledge & ability of such a unique nature that the ARC is clearly and justifiably the only practical source to provide the service for the following reasons: • They have a 10+ year history of providing quality educational and informational resources to children tivith delays/disabilities and their families, with professional staff & quality personnel; • They would not have a learning curve with respect to the client base in Jefferson County that other firms would have, and said learning curve for another firm might work to the detriment of our county's eligible citizens; • They provide services to a small client base here in Jefferson County at below- market rates, thus saving the state money; In sum, the ARC of Kitsap and Jefferson Counties, is a sole source provider with respect to the services it provides to DD persons residing in Jefferson County. GEVEIOPMENTAL~DISABILITIES PUBLIC HEALTH ENVIRONMATEROUA'JTY MAIN. (360) 385-9400 ar'.va~rs woasivc roa : iA.rR ,tipu MAiN: (360; 385-9444 FAX: (360) 385-9401 HEALTHIER COMMUNITY FAX: (360; 379-4487 YILOFF.SSIOVAL tit;ltl'ICFS :1GKFEDiFrT 13LT11' Ia:~i JF.FFEKSO\ COtiNTY .A\ ll AKC OF KI"Tti:1P & ,iF.FFEI25U1\ CUC~nTIF.S Phis agreement is entered inut helwecn the Cowin of Jefferson, a municipal corporation. hercinatter referred to as "the County" and the AKC of Kitsap ~~ Jefferson Counties hercinaticr referred to as "Ihe Subcontractor" in consideration of the mutual benefits. ternts, and conditions hereinafter specified. Section 1. Desi~natinn the County, on behalf of the Jefferson County Public I lealth. the Uevclopu+cntal Disabilities Program, acting in compliance under the Convact ~+ith the •1RC of Kitsap & Jefferson Camties in agreement with the terms and condition. of the Statement of \i~ork hercbv contracn with the Subconn•acter to perform duties a described in Gzhibil :\, Sccuon _'. 'Terms This agrocmem shall commence un September I, 2012 and continue through June 1. 2G f 3 unless tcrrninated as provided heroin. The agreement may he cstcndcd beyond June I. 2U f i tgtrnt mutual consent of the County and the Subcontractor. Section 3. Scoue of ACrecmrnl The Subamtractur agrees to perform the services, identitied on L•'zhibit "A" A. The Subcontractor world fix the Jeff rson Ci+unty De+clopmental Disabilities Program to support its goals and ul?jcctives. P. fhc specific duties ofthc Subcontractor are outlinca in i zhibit :1. C. The Subcontracux shall provide reporting detailed in Section 10. Sectiim 4. Compensation fhc Subcontractor shalt be paid by the County for completed wor'I: and for services rendered under this a~~rccment as follows: ,q. Payment for the work provided by the Subcontractor shall not exceed a total of S3,`OO.OU in the completion of this projeet without express written antcndntcm signed by both parties to this :1~~reement. f3 The Subcontractor may submit iuvtrices to the Counh ti7r work completed k: date. l'hc County will review such imoiccs, and upon approval thereof payment will he mane le the tiuba>utrac[or in the amount approved. G, Tl+c ton+i compensation to the Subcontractor is limited w the tcrrns of this :lgrecment. which comnrcncc on September 1.'_012 ama ends July 1. 2013. D 7 he Cotmty will make f final payment of any balance due the Subcontractor promptly upon iG ascertains?ent and verification after the completion of the work under this arecntent and fits acceptance by Ilic County. \R( of hitaap S J<fl'trsun Couulie~ E. fhc Subcontractor records and accounts penaining to this agreement are to be kept available tier inspection by representatives of the County and state for a period of siz (G) year's after linal payments. Copies shall be made available upon request. (~, OWnerlhip aI?d tli2 of docUnten[s. I ne SUb~anTCBeIVr al'KnO,a'IeageS area ag+ECs that any and all work product directly connected and or associated with the service: rendered hereunder, including but not limited to all documents, drawings. spccitiauions, writings, samples- reports, pictures abd the like which the Subcontractor drafts, makes. conceives, tlcvulops in rile perfonnancc of the service hereunt+-er, either solely ar,dror iointly with the County .hail be d?c sole and 2SCi451\'~ pl: ;?:.1"I : UI 1112 h141; IC. I h2 SUbCOntTeclt,r 11 n':1iCl :ll Sa O,\;CiIgC5 [hilt .~I~ !~, I„ u. lial si'. ll. I>r cnns.dct2xl \\or~ for hire and the S[IL ur '•.,,:,r trademarks, Iradc names; znd other intellectual properly right claims lur said materials. Other materials produced by the Subamtractor in connection with the services rendered under this agreement ,hail be the properly of the (:.aunty whether thr. projects for which they are made arc exccutal or not. 1 he Subcomractor shall be permitted to retain copies, including reproducible copies, of drawings, writings, samples, reports, and spccitications for information, rcterence- and use in connection with Subcontractor endeavors. Tha Subcanlrtcurr agrees not to publish, submit for publication, display or otherwise use said material for any reason whatsoever. without [he express written consent of the County. Section ~. C'ompliance with laws The Suba~nlrac0.u sha11, in performing the scr'ices contemplated by this agrcentent, fsith(ully ob+ervr and comply with all federal, state, and local ht,as. ordinances and regulatians, applicable lu the ;crvices to be rendered under this agreemem. Sectiol? G. Indemnification 1'he Subcontractor shall indenmii~, defend and hold harmless the County. its nfiicers. agents and employees. Irom and a;~ainst any and all claims, lawsuits.. demands fe: mono} damages, losses or liability. or any portion thereat, including attorney's fees and cods, arising from vp' igjurv to person or persons (including [1?e death or injury of-the Subcontractor or damage to personal property) if said injure or damage was caused by the negligent acts or omission, of the Subcontractor. Sectian +. Insurance I he Subcontractor shall obtain and keep in force during the terms of the Agreement. or as othervis2 rrp?iretl. A. Commercial ;\u!amahile Liability Insurance providing bodily injury and property' damaec liability c<;nverge for all owned ani! non owned ,ehiclcs assiened to a' used in the perform:mcc of the work for a comhined single limn of oat Icas than ~pD,000 each occurrcnec_ Subcontractor shrill provide proof of insurance io the Count} in care of Developmental Disabiiitics County' Coordinator at Jefferson Cetut[y Public Hcalll!, Developmental Disabilities Program, Gl `- Sheri:lar. St. Port To\ansend, W.A 9R3fiR prior to commencing emplvymcm. A Iii of lutcap S .Iefklaoll Cmrntics Section 8. Independence T'he Subcontractor and the t-ounh agree that the Subconvactor is an independent Subcontractor +vith respect to the services provided pursuam to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and emolu_vee between the parties hereto. The Subcontractor shall not he entitled to any bend ils accorded County employees by virtue of the services provided under this agrccntcnt. 1 he County shall not be responsible for withholding or otherwise deducting fcclcral income tax or social security i,r liir contributing lu the state industrial insurance program. otherwise assumim., the. duties of an employer with reepect to employee. Secliun 9. 4ssignments and Subcontracting the Subcontractor ma+ wblet a' assign any of the service, coverod L•y this a;;rcement but only with the express written consent of the Cnunn. Section 10. Reporting The Subcontractor will provide electronic & hard copies of the newsleucr and an invoice for hillint*, to the County as identitied in Exhibit A. The monlhl~ invoice alone with a copy of the ne++sletter shall be mailal to Jefferson County Public Health in care of the Developmental Uisabilitics County Coordinator. G1 i Sheridan, Port "I'o+vnst nd, b1';\ 98268. Swoon I :. Termination :\. 1 he County reserves the right to terminate this contract in +vhole or in part, without prior written notice, in the event that expected ur actual funding from any funding sourer is withdrawn, reduced, ur limited in any way atier the ettective date of this agreement. In the event of termination under this clause. the County shall be liable Ibr only payment fur services rendered prior to the of fcctiwe date of tcnnination. R. phis agreement may also be tcnninatcd as provided below: I. \I`ith 14 days notice by the Board of County Commissioners for any Reason. ur ~. AVith I ~1 days nutico by the Board of Cocuity Conunissioners #or non- performance ufthe specificjub duties hi Fahibit :A. 3. With 14 days notice by the Subcontractor by voluntary resignation. ~lodilication Section i ^_. This ernploy'mcut agreement may be modified at any time by written agreement of all pa rt i e, Section 13. Inte~~rated :1grcement This r\reement together with attachments or addenda represents the entire and integrale<t agreement between the County and the Subcontractor and supersedes all prig negotiations, representations, or a~'rcements w'rittcn or oral between the parties. This am:err.ait mad be amended only by written instrument signed by both County and ti:;ha~ntractor +KC ~d Fn.ap S Acfli•rtim Cunu Ues '~PProved this _ day of . ^_012. BOARD OF COO~TY C0~IMISSIO\ERS Jf_•.PPERSO~ CUI;~~'f5'. WASHIAGTON John Au,tin.~Chairperson~ (Subcontractor) D-~rnySe~ o?B~l>/~-- ~rrrs r. Clerk of the [ioard APPR L•U AS 7'(~ FC) ONLy': C~ I2 ~' I Z ~,: ~a~ _ 1 .lefferson County Civil Deputy Prose mg Attorney :\RC ul I~il c.:p S.leflerwn Cuunlia F.XIIII3ITA STATE\II:VT OF ~VUIt}: ARC OP KITSAY & JI F'F'ERSO\ C'OliVT1ES I. 1+1`OItK STATE~~IEV"I' "fhc Subcontractor shall crcatz ncwslztters that will locus on emotional suppcrK and information regarding t{cvelopmzntal disabilities or special needs as well as community resources. fo: us on Ic<~i,lativc cducauun and advocacy for pci±plz with disabilities and parents ofchildrzn;'aJults with disabilities. II. PRO(yR,~lv1 DRSCRIF"PION A. 'I'usls I. Subcontractor shall create up to five I `) newsletters; four (4) newsletters will focus on emotional support and inlixmatiou rzga+diu~ dcveli~pntcntal disabiGtics rr special reeds as well as community resourczs for parents of childrenlackdt with disabilities and one (I ) newslztter will focus on legislative zducation anil advocacy for parents ofchildren/adultswith disabilities. I3. lteq uirements I. Subcontractor will crza[e the P2P newsletters in September and November of 2(112, .I:nur:n, March and MaV of 201:. The rate will hz S?00 per newsletter. Ya_vmcnl includes printim~ antl mailing costs. 2. Nteet or have a phone meeting with the DI) Coordinator on a quarterly basis. C. Reporting I. Provide electronic ~l harxl a:pies of the newsletter and an invoice for billing. p, Performance Standards 1. The Subcontractor shall provide Services. These services, as dztincd in Tasks Section IL:\ above. ? 'fhz Subcontractor will adhere to the Rzquirements. 'These requirements as defined iu Section ll. fI above. 3. The Subcontractor will adhere to the Reporting. Reporting a, delinod in Section TLC above. 4, The Subcontractor shall provide a bill fur services with invoice and dcx:umenuuion. :ARf' ul F:ilc:p it ldin'>on CounGr~