HomeMy WebLinkAbout041414_ca05JEFFERSON CO�UNTY PUBLic HEALTH Consent Agena
d
615 Sheridan Street o Pori `Townsend o Washiington o 98 8
www.jeffers TicounitypLaIbillclhe�a�th,org
December 17, 2013
11:110
Ilion,
122:31411
'TO: Board of County Commissioners
Philip Morley,, County Administrator
FROM: Jean Baldwin, Director
DATE: 4 / /� /.�O/ �-
'"UBJECT: Agenda Item — Professional Services Agreement — Concerned Citizens
fM r the Birth — 3 Years Program; January 2, 2014 — June 30, 2014;
$7,750
STATEMENT OF ISS!JE:
Jefferson County Public Health, Developmental Disabilities Division, is requesting Board approval of the
Professional Services Agreement - Concerned Citizens for the Birth - 3 Years Program; January 2, 2014 -
June 30, 2014; $7,750
ANALYST SI STRATEGIC GOALSLPRO'S and COWS:
This agreement provides for educational and therapeutic services for South Jefferson County families and
their children age birth to three suspected of having a developmental delay or a disability. Individualized
education plains (IEP or IFSP's) are designed to meet the developmental needs of each eligible infant or
toddler while meeting the needs of the family related to enhancing the infant or toddlers development.
Each IFSP contains parent planned priorities and outcomes for each child. Each contains goals and
objectives as well as evaluative and documentation tools for intervention service and funding sources.
This contract was initially with Chimacum School District for Birth - 3 services. Since the early intervention
teacher is no longer teaching at the school that contract will be terminated and Concerned Citizens will be
providing direct services to children in South County.
FISCAL IMPACT COST BENEFIT ANALYSIS:
This is a fee for service contract. This agreement is a subcontract through the agreement with the DSHS
Developmental Disabilities Administration contract as part of the Child Development Program. The budget
reflects revenue and expense for the Birth - 3 years Program.
COMMUN111"Y KAM � ENVIRONMEWAL H1[ALTH
DEVELOPMEN rAil- MSAMLMES PUBLIC HEALTH WATER QUAUTY
MAK (360) 385-94010 ALWATS WORKOiNCp 1I0 lk A SAFER AND MAN: (360) 385-9444
FAX� �360) 385,9401 NEALTNIER COMMUNITY FAX: (360�, 379-4487
Consent A, nda
RECOMMENDATI
JCPH, management request approval of the Professional Services Agreement — Concerned Citizens for the
Birth — 3 Years Program; January 2, 2014 — June 30, 2014; $7,750
Istm—,county Admifflistrator DaR
(Routed to all Public Health Managers)
SUBCONTRACT FOR PROFESSIONAL SERVICES
Agreement Between
JEFFERSON COUNTY PUBLIC HEALTH
And
CONCERNED CITIZENS
Birth to 3 Years
This agreement is made and entered into between Jefferson County Public Health (COUNTY) and
Concerned Citizens (SUBCONTRACTOR) for provision of educational and therapeutic services for
Jefferson County children a, e birth to three years and their families, The term of this agreement is
January 2, 2014 through June 30, 2014. Either party upon 60 days written notice may terminate this
contract. Termination of this Contract shall not constitute a breach.
It is Agreed Between Both Parties as Named
Herein as Follows:
A, PROFESSIONAL SERVICES
Upon written request by COUNTY Developmental Disabilities Coordinator or a COUNTY authorized
Family Resource Coordinator (FRC), professional services to be provided by SUBCONTRAC'I"OR shall
include-
Multi-disciplinary Evaluation and Assessment of children age birth to 2 years 8 months of age
that are suspected of' having developmental delay or disability. 'rhe evaluation tools and
procedures, selected will conform to WAC 275-27-026 requirements.
2. Individualized Family Service Plans (IFSP) developed in collaboration with the family and other
providers, SUBCONTRACTOR and the family will write the IFSP jointly on approved forms,
3. Evaluation and documentation of funding sources available for intervention services, both
educational and therapeutic services will be specified in the IF'SP. Potential funding Sources to be
evaluated include private insurance, military health benefits, Medicaid / healthy options, OSPI,
and other public or private sources.
4. IFSP will contain parent planning priorities/outcomes and child outcomes.
5, Specialized Services (developmental, corrective, and other services) to assist infants and toddlers
to achieve developmental goals as specified in the IFSP, which may include, occupational
therapy, physical therapy, speech - language therapy, and specialized instructionJeducation.
6. Specialized Services will be provided to the maximum extent appropriate in natural
environments, including the home and community settings in which children without disabilities
participate.
Pro rare management.
Concerned Citizens 11-3
B. OBLI'GATIONS
SUBCONTRACTOR shall fulfill the following obligations:
SUBCONTRACTOR shall comply with all state and federal requirements regarding the
confidentiality of client records. Client information is not disclosable to the public. Information
acquired pursuant to RCW 7] A. 14,070 requires a signed Release of Information or a signed Oath
of Confidentiality Form,
2) SUBCONTRAcrOR shall require, pursuant to RCW 43,43,830-845, any prospective employee,
who will or may have unsupervised access to a person with a developmental disability, in the course
of his or her employment, or involvement with the business or organization, to have a Washington
State Patrol Criminal (W.S.P.) Background Check.
3) SUBCONTRACTOR is required pursuant to RCW 74.15, that if any prospective employee, who
has not resided in Washington State during the last three years, and who will or may have
unsupervised access to a person with a developmental disability, in the course of his or her
employment, or involvement with the business or organization, must have a F.B.I. Fingerprint
Check. "I'his fingerprint check must occur before employment begins working.
4) UBC
SONTRACTOR is required, with respect to existing employees, to repeat the W.S.P.
Criminal Background Check every three years. W.S. P. Criminal Background Check and the
F.B.I. Fingerprint Check must go through the Background Check Central Unit Office within
DSHS in Olympia.
5) SUBCONTRACTOR shall comply with the following DDD Policies: 3.01 Client Service Plans,
5,01 Criminal History Background Checks and Safeguarding Personal Information, 5.02
Necessary Supplemental Accommodation (NSA), 5.03 Client Complaints, 5.05 Limited English
Proficiency (LEP) Clients, 5.06 Client Rights, 5.13 Protections From Abuse, 5,14 Positive
Behavior Support, 5.15 Use of Restrictive Procedures, 6.08 Mandatory Reporting Requirements
for Employment and Day Program Services Providers, 6,13 Employment /Day Program Provider
Qualifications, 9.07 Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency
Syndrome (AIDS), 12,01 Incident Management, 13,04 DRW Access Agreement and the 1992
County Guidefines.
6) SUBCONTRACTOR shall have written policies regarding; sexual harassment and non-
discrimination (said policies must guarantee liumanIcivil rights), a person's right to privacy,
safeguarding personal information abuse of participants, agency medication procedure, respectful
staff-to-participant interactions, (i.e.: including a person's right to be treated with dignity and
respect and free of abuse).
7) SUBCONTRACTOR shall assure that participants in accordance with Necessary Supplemental
Accommodation (NSA), Policy 5.02, have been informed of their rights, what services and
benefits may be expected from the program, the program's expectations of them, and if necessary,
shall assure that the participant's family, guardian or advocate is also informed.
8) SUBCON'I'RACTOR shall have a grievance policy that:
• negotiates conflicts and advises participants of grievance procedures,
• is explained to participants and others in accordance with the NSA, DDD Policy 5.02,,
prohibits retaliation for using the grievance process,
includes a non retaliation statement,
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• assure that advocates are available and encourages participants to bring advocates to help
negotiate,
• includes a mediation process that promotes the use of someone who is unaffected by the
outcome if conflicts, remain unresolved (a DDD Case Resource Manager may be included as
an alternative option) &
• includes a process for tracking and reporting grievances.
9) SUBCONTRACTOR shall obtain and retain in the clients' files signed proof of client's and/or
family's review of all policies, provider expectation and receipt of information about services and
benefits to be provided by the program. The signed proof required by this section shall be
reviewed and renewed with new documentation on not less than an annual basis.
10) SUBCONTRACTOR will encourage participant involvement in policy development.
Has assurance that potential conflict of interest real or apparent, will not arise. Such a conflict
will arise when: The employee, officer or agent, any member of immediate family, Guardian /
decision maker, or an organization which employs, or is about to employ, any of the above, has
financial or other interest in the client(s).
12) if SUBCONTRACTOR is found to have a substantiated finding of abuse, neglect, abandonment
or financial exploitation they shall comply with the following CPS guidelines:
• Upon receiving documentation of a substantiated finding of abuse, neglect, exploitation or
abandonment from CPS, the Regional DDD office will send a copy of the CPS substantiation
report to the COUNTY within one working day.
0 Upon receiving documentation of a substantiated finding of abuse, the COUNTY will send a
letter to the SUBCONTRACTOR within one working day.
1. The contracted provider is required to:
a.
Document the steps the agency has taken to protect the vulnerable
person(s) immediately; and
b. Submit a corrective action plan, if needed, to the COUNTY within 10
working days.
2. The COUNTY will respond to the steps taken and the sufficiency of the proposed corrective
action plan within 10 working days. If the corrective action is not accepted the plan will be
returned to the provider for correction and an amended plan will be required within 5 working
days.
3. Once accepted, the COUNTY will send the corrective action plan to DDD for final approval.
DDD Regional staff will respond as to plan sufficiency and whether any additional
information is needed within 10 working days. The Region will send a copy to Central
Office.
13) SUBCONTRACTOR is required to maintain the following rninimum organizational capacity in
order to meet the performance standards set forth in this agreement. Failure or inability of
SUBCONT RACTOR to ineet any or all of these minimum capacity requirements, as determined
solely by COUN"I'Y, may be cause for tertnination of this agreement as provided herein.
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(a) Quq.I i fied_ Staff: Adequate, qualified staff with certification, skills and experience in evaluation,
teaching, therapeutic services and support of infants and toddlers with developmental
disabilities, SUBCONTRACTOR will provide COUNTY with information regarding staff
qualifications upon request.
(b) R-1 Cf0—r1!1—anq-e—P1A-1y. SUBCONTRACTOR has a written performance plan which describes its
mission, program objectives, expected outcomes, how and when objectives will be
accomplished; and that the plan is evaluated at least biennially and revised based on actual
performance.
(c) paq jpant� SUBCONTRACTOR has a commitment to support integration of infants and
jg� . _
toddlers with developmental disabilities with others who do not have a disability and has
involved family members of infants and toddlers with developmental disabilities in policy
development.
(d) Ratne—rshiMs: SUBCONTRACTOR has a history of working cooperatively with community-
based organizations including other Agencies, Infant and Toddler Early Intervention
Program, (ITEIP), the Lead Agency for ITEM, the County DD Program, the Division of
Developmental Disabilities and other School Districts,
(e) Eitiancial and Fir Man4gement: Systems and personnel to: maintain accounting records
that accurately reflect all program revenues and expenditures; prepare monthly statements of
activity (ADSA Reports); maintain appropriate Client service records and progress reports; and
track key program performance indicators.
14) All services for infants and toddlers with developmental disabilities must be provided with
attention to their health and safety. SUBCONTRAcrOR shall comply with all applicable federal,
state and local fire, health and safety regulations. Staffing ratios and patterns are adequate to
maintain quality and safety.
15) SUBCONTRACTOR will provide Child Development Services (Birth to `Three) Services:
a) To the child and family in a thnely manner. (Services are considered timely if they begin
within 30 days of the start date on the signed IFSP unless the IFSP documents that the parent
requested a delay in the start of the services).
b) In compliance with the natural environments criteria for IDEA, Part C and Washington
State's federally approved Early Intervention Plan.
c) That meet the highest entry level requirements in Washington State for Early Intervention
professionals, (training, experience and expertise of staff) and relate to the needs of the
participants.
d) That conducts the evaluation (eligibility), assessment (child and family needs) and the
Individualized Family Service Plan (IFSP) within 45 days of receipt of referral. (Referral is
defined as the date the family resources coordinator or lead agency received referral).
e) That assist the family to ensure the child obtained an evaluation by a multidisciplinary team.
f) That receives from the parent, a written consent for all activities related to the provision of
Early Intervention Services in the family's native language or other mode of communication.
g) That. assure the IFSP was reviewed every six months with a new plan written annually.
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h) That assures that progress toward the child and family outcomes within the IFSP are assessed
on an ongoing basis and documented at least annually,
i) That provides child and family outcomes within the IFSP that are functional and based on the
individualized needs of the infant or toddler and the concerns and the priorities of the family.
Child specific outcomes reflect the child's participation in everyday routines and activities.
Family specific outcomes address the capacity of the family to enhance their child's
development.
j) To the maximum extent appropriate for the individual child, in naturally occurring
environments and occurs in a setting other than a natural environment only when early
intervention cannot be achieved satisfactorily for an infant or toddler in a natural
environment.
k) That provide aTransition P'lan for each child participating in the early intervention prograrn
was developed at least 90 days prior to the child's third birthday.
16) SUBCONTRACTOR shall report any injury or accident, which requires more than simple first aid,
and any extraordinary incident that requires intervention, first to the DSHS/DDD Case Manager for
the individual involved and then to the County Coordinator. This includes serious physical or
emotional harm or potential harm.
The initial report may be done through documented telephone calls to the County
Coordinator.
SUBCONTRACTOR shall submit a written follow-up report within 1.0 days to the County
Coordinator. The report to the County Coordinator may be submitted by email, facsimile
(FAX) to (360) 1'85 -9401 or by mail to Jefferson County Public Health, 615 Sheridan Street
Port, Townsend, WA 98368.
Serious and emergent incidents shall be handled in accordance with DSHS/DDD Policy
12.01 Incident Management.
17) When requested, SUBCONTRACTOR will provide financial reports to COUNTY, including all
revenues and expenses generated by SUBCONTRACTOR, in sufficient detail to demonstrate the
uses of funds provided under this agreement.
18) For five years following the end date of this agreement, SUBCONTRACTOR will maintain client
records and books, records, documents, reports and other evidence of accounting procedures and
practices which sufficiently and properly reflect all direct and indirect expenditures of funds
provided under this agreement. Client records shall minimally include statement of client goals,
documentation of training provided, training hours, routine progress notes and biannual summary
progress toward meeting client goals.
19) Make available for inspection, review or audit by County DD Coordinator at all reasonable times:
all client records; and all documents, reports and other data applicable to this agreement.
20) The COUNTY shall monitor services delivered and conduct at least one on-site visit with
SUBCONTRACTOR during the biennuim to assure compliance with the DDID State Work Order.
21) SUBCONTRACTOR agrees to assign to COUNTY its Medicaid Billing Rights for services to
clients eligible under "Title XIX programs. Written documentation shall be available to COUNTY
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on request. If SUBCONTRACTOR contracts directly with DS14S to provide covered services
under Title XI X, COUNTY agrees that funding intended for those clients shall be excluded from
this agreement.
22) if the Developmental Disabilities Program Coordinator finds indications of potential non-
compliance during the contract monitoring process or learns that the SUBCONTRACTOR is out
of compliance with any of the terms or conditions of this contract, the following process will be
pursued:
(a) Informal Notification: Informal process wherein the County Coordinator alerts the
SUBCONTRACTOR in writing of the potential non-compliance and an agreeable solution is
reached within five (5) days.
(b) Official Notification: If the informal notification does not result in resolution, the official
notification of possible non-compliance to establish a date, within five (5) working days of
notification, when representatives of the County and the SUBCONTRACTOR shall meet to
discuss areas of contention and attempt to resolve the issues.
(c) Written Surnmary: Within five (5) working days of such official notification the County will
provide the SUBCONTRACTOR a written summary of the areas of non-compliance by
certified mail. Notice shall be sent to the address identified in the Agreement.
(d) Discussion. Within twenty (20) days of the date of the written summary, a discussion
between County and SUBCONTRACTOR shall be conducted to resolve areas of non-
compliance or potential non-compliance.
(e) Should the above procedures fail to resolve the compliance issue, the parties will obtain the
services of the Peninsula Dispute Resolution Center, or another agreed upon resource, and
shall share equally in any retainer fees or other costs of services. If no agreement is reached,
the rnediator's decision in the matter will be binding on all parties, exqept that in no event
will the County honor a financial determination that is greater than the funds allowed
the scope of this Agreement.
C. REIMBURSEMENTS
For said services rendered under this agreement, COUNTY shall reimburse SUBCONTRACTOR
on a unit rate basis, as follows:
Ilterven.tioll _Services SUBCONTRACTOR will be paid per MON14,11-Y Unit assigned
_L_
Service Responsibility of regular Program Service provided to eligible clients on a fee-for-service
basis according to Attachment 1, Fee Schedule. Reimbursement to SUBCON"MACTOR, by
COUNTY will be the net atnount ref the applicable fee per Attachment 1, less ally amounts
receivedfrom otherfunding sources for the service provided.
(2) All referrals or requests for services under this agreement will be in writing using a County
Service Authorization form, (CSA) agreed to and signed by tile parties. A copy of the signed
CSA must be in the client's file.
(3) SUBCONTRACTOR will bill COUNTY on a monthly basis, oil or before the 5th day of tile month,
for units of service provided under this agreement during the preceding month.
SUBCONTRACTOR will submit a Monthly DDT Services Report (ADSA) form for its billings.
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(4) COUNTY may, at its option, withhold reimbursement for any invoices older than 60 calendar
days, (following the last day of the month for which the services were provided).
(5) COUNTY may, at its option, withhold reimbursement for any month for which required reports
have not been received or are not accurate and/or complete.
(6) COUNTY may withhold reimbursement for any service for which documentation that shows the
COUNTY as the second payer of last resort has not been provided, The IFSP must clearly
document funding, source per service for each service reimbursement requested.
(7) SUBCONTRACTOR will provide documentation of County service reimbursements along with
all other funding sources pursued by SUBCONTRACTOR at the end of the service period
/annually or during site monitoring. Documentation will identify the funding source(s), client
name, service provided, date of service, amount(s) paid andamount(s) denied.
(8) Total reirribursements for the fiscal year of 2013-2014 to SUBCONTRACTOR by COUNTY under
this contract shall not exceed $7,750.00 in completion of these services without express written
amendment signed by both parties to this Agreement. This total reimbursement includes any
amendment within the fiscal year of 2013-2014.
D. MISCELLANEOUS
(1) Pursuant to WAC 275, DS14S Division of Developmental Disabilities (DDD) shall determine
individual eligibility of persons for services delivered under this agreement. DDD shall notify
COUNTY of persons authorized for services reimbursed tinder this agreement. Only persons
referred to COUNTY by DDD shall be eligible for services reimbursed under this agreement. The
SUBCONTRACTOR shall not sublet or assign any of the services covered by this
ACIREEMENT without the express written consent of the COUNTY. Assignment does not
include printing or other customary reimbursable expenses that may be provided in an
AGREEMENT.
(2) 'rhe SUBCONTRACTOR'S relation to the COUNTY shall be at all times as at) independent
SUBCONTRACTOR and any of all employees of the SUBCONTRACTOR or other persons
engaged in the performance of any work or service required of the SUBCONTRACTOR under
this AGREEMENT shall be considered employees of the SUBCONTRACTOR only and any
claims that may arise on behalf of or against said employees shall be the sole obligation and
responsibility of the SUBCONTRACTOR.
(3) The SUBCONTRACTOR shall not sublet or assign any of the services covered by this
AGREEMENT without the express written consent of the COUNTY. Assignment does not
include printing or other customary reimbursable expenses that may be provided in all
AGREEmF,NT.
(4) The SUBCONTRACTOR shall obtain and keep in force during the terms of the AGREEMEN"f,
or as otherwise required, the following insurance with companies or through sources approved
by the State Insurance Commissioner pursuant to RCW 48:05:
(a) Worker's compensation and employer's liability insurance as required by the State of
Washington.
(b) Commercial Automobile Liability or Business Use Insurance providing bodily injury and
property darnage liability coverage for all owned and non-owned vehicles assigned to or-
used in the performance of the work for a cornbined single lirnit of not less than
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$ 1,000,000 each occurrence with the COUNTY named as an additional insured i ll
connection with the SUBCONTRACTOR'S performance of the contract.
(c,) General Commercial Liability Insurance in an amount not less than a single firnit of one
million dollars ($1,000,000.00) per occurrence and a aggregate of not less than two (2)
times the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death
and property damage, unless a greater amount is specified in the contract specifications.
"file insurance coverage shall contain no limitations on the scope of the protection
provided and include the following minimum coverage:
(1) Broad Form Property Damage, with no employee exclusion;
(2) Personal Injury Liability, including extended bodily injury;
(3) Broad Form Contractual/Commercial Liability - including completed operations;
(4) Premises - Operations Liability (M&Q
(5) Independent Contractors and Subcontractors;
(6) Blanket Contractual Liability.
(5) All employees or subcontractors of SUBCONTRACTOR who are required to be professionally
certifited by the State in the performance of services tinder this agreement shall maintain
professional liability insurance in the amount of not less than one million dollars ($1,000,000).
In no case shall such professional liability to third parties be limited in any way.
(6) proof of SUBCONTRACTOR's membership in a self-insured risk pool for school districts
pursuant to chapter 48,62 RCW shall suffice if the applicable liability limits of said liability
policy exceed those listed here.
(7) Any insurance coverage for third party liability claims provided to the County by a "Risk Pool"
created pursuant to Ch, 48.62 RCW shall be non-contributory with respect to ally policy of
insurance the Consultant must provide in order to comply with this Agreement,,
(8) if the proof of insurance or certificate of coverage indicating the County is an "additional
insured" to a policy obtained by the Consultant refers to an endorsement (by number or name)
but does not provide the full text of that endorsement, then it shall be the obligation of the
Consultant to obtain the full text of that endorsement and forward that full text to the County
within 30 days of the execution of this Agreement.
(9) Insurance policies and additional named insured endorsements obtained for the
SUBCON'rRACTOR shall provide primary insurance coverage and also be non-contributory.
Any insurance, self-insured retention, deductible or risk retention maintained or participated in
by the County shall be excess and not contributory to such insurance policies. All
SUBCOWRACTOR'S liability insurance policies must be endorsed to show this primary
coverage.
(10) It is agreed by the parties that insurers shall have no right of recovery or subrogation against the
County (including its employees and other agents and agencies) it being the intention of the
parties that the insurance policies listed above shall protect both parties and be primary coverage
for any and all losses covered by the above - listed insurance policies. It is further agreed by the
parties that any and all deductibles made part of the above-listed insurance policies shall be
assumed by, paid for and at the risk of the Subcontractor,
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1) The County may, upon the Consultant's failure to comply with all provisions of this contract
relating to insurance, withhold payment or compensation that would otherwise be due to the
Consultant.
(12) It shall be the responsibility of the SUBCONTRACTOR to insure that any and all persons
engaged in the performance of any work or service required of the SUBCON"I'RACTOR under
this AGREEMENT, shall comply with the same insurance requirements that
SUBCONTRACTOR. is required to meet.
(13) Failure on the part of the SUBCONTRACTOR to maintain the insurance as required shall
constitute a material breach of contract upon which the COUNTY may, after giving five
working days notice to the SUBCONTRACTOR to correct the breach, immediately terminate
the contract or at its discretion, procure or renew such insurance and pay any and all premiums
in connection therewith, with any sums so expended to be repaid to the COUNTY on dernand, or
at the sole discretion of the COUNTY, off set against funds due the SUBS ONTRAc'rOR from
the COUNTY.
(14) All cost for insurance shall be considered incidental to and included in the unit contract prices
and no additional payment will be made.
(15) Excepting the Workers Compensation insurance and any professional liability insurance secured
by the SUBCONTRACTOR, the COUNTY will be named on all certificates of insurance as an
additional insured, The SUBCONTRACTOR shall furnish the COUNTY with verification of
insurance and endorsements required by this AGREEMENT. The SUBCONTRACTOR
reserves the right to require complete, certified copies of all required insurance policies at any
time.
(1() All insurance shall be obtained from an insurance company authorized to do business in the
State of Washington, The SUBCONTRACTOR shall submit a verification of insurance as
outlined herein within 14 days of the execution of this AGREEMENT to the COUNTY.
(17) The COUNTY will pay no progress payments under Section C until the SUBCONTRACTOR
has fully complied with this section. This remedy is not exclusive; and the COUNTY may take
such other action as is available to them under other provisions of this AGREEMENT, or
otherwise in law.
(18) Nothing in the foregoing insurance requirements shall prevent the COUNTY, at its option, from
additionally requesting that the SUBCONTRACTOR deliver to the COUNTY an executed bond
as security for the faithful performance of this contract and for payment of all obligations of the
SUBCONTRACTOR.
(19) The SUBCONTRACTOR shall comply with all Federal, State, and local laws and ordinances
applicable to the work to be done Linder this AGREEMENT. This AGREEMENT shall be
interpreted and construed in accord with the laws of the State of Washington and venue shall be
in Jefferson COUNTY, WA.
(20) The SUBCONTRACTOR, by signature to this Agreement, certifies that the SUBCONTRACTOR
is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participating in this Agreement or any Agreement by any Federal department or
agency. The SUBCONTRACTOR also agrees to include the above requirement to all subcontracts
into which it enters.
(21) The SUBCON'TRAC'FOR shall indemnify and hold the COUNTY, and their officers employees,
and agents harmless from and shall process and defend at its own expense, including all costs,
Concemed Citizens B-3
attorney fees and expenses relating thereto, all claims, demands, or suits at law or equity arising in
whole or in part, directly or indirectly, from the SUBCONTRACTOR'S negligence or breach of
any of its obligations under this AGREEMENT; provided that nothing herein shall require a
SUBCONTRACTOR to indemnify the COUNTY against and hold harmless the COUNTY from
claims, demands or suits based solely upon the conduct of the COUNTY, their officers, employees
and agents, and provided further that if the claims or suits are caused by or result from the
concurrent negligence of- (a) the SUBCONTRACTOR'S agents or employees; and, (b) the
COUNTY, its officers, employees and agents, this indemnity provision with respect to (1) claims
or suits based upon such negligence, and/or (2) the costs to the COUNTY of defending such
claims and suits, etc., shall be valid and enforceable only to the extend of the
SUBCONTRACTOR'S negligence or the negligence of the SUBCONTRACTOR'S agents or
employees.
(22) Claims against the COUNTY shall include, but not be limited to assertions that the use and transfer
of any software, book, document, report, film, tape, or sound reproduction of material of any kind,
delivered there under, constitutes an infringement of any copyright, patent, trademark, trade name,
or otherwise results in an unfair trade practice or an unlawful restraint of competition.
(23) The SUBCONTRACTOR specifically assumes potential liability for actions brought against the
COUNTY by SUBCONTRACTOR'S employees, including all other persons engaged in the
performance of any work or service required of the SUBCONTRACTOR Linder this
AGREEMFN"r and, solely for the purpose of this indemnification and defense, the
SUBCONTRACTOR specifically waives any immunity under the state industrial insurance law,
Title 51 RCW, The SUBCONTRACTOR recognizes that this waiver was specifically entered into
pursuant to provisions of RCW 4,24.115 and was subject of mutual negotiation.
(24) SLJBCONTRACTOR shall not discriminate against any person presenting themselves for services
based on race, religion, color, sex, age or national origin.
(25) COUNTY reserves the right to terminate this contract in whole or in part, without prior written
notice, in the event that expected or actual funding frorn the Department of Social and Health
Services Division of Developmental Disabilities is withdrawn, reduced, or limited in any way after
the effective date of this agreement, In the event of termination under this clause, COUNTY shall
be liable only for payment for services rendered prior to the effective date of termination.
(26) 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 COUNTY. If the County agrees in writing that
all or a portion of this Contract may be subcontracted to a third-party, then any contract or
agreement between the contractor and a third-party subcontractor must contain all provisions of
this contract and the Subcontractor must agree to be bound by all terms and obligations found in
this agreement.
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10
ADIDOPTED THIS _ day of 2014.
M
John Austin, Chairman
Jefferson County Board of Commissioners
By:
Linda nda. Middleton
?
Executive Director Concerned Citizens
By
Deputy Clerk of the Board
APP EDA�TOF RMONLY-
By:
Jefferson County Civil Deput y #rosecutin Attorney
Conco-ned Citizens 13-3 11
A71TACHMENT I
FEE SCHEDULE
Early, Intervention Unit of Service
I. One UNIT of EARLY INTERVENTION Service is $155-00. One
UNIT is defined as one MONTH direct service to one eligible client.
2, One MONTH of direct service is defined as a minimum of one (1) & a maximum of
three (3) hours of EARLY INTERVENTION Services for one child.
3 A maximum of nine (9) UNITS of EARLY INTERVEN'riON Service may be
billed for two months and a maximum of eight (8) UNITS of EARLY
INTERVIH,NTION Service may be billed for four months.
Nast to exceed $7,750 in completion of services for the duration of the contract without
express written amendment.
Concerned Citizens B-3
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