HomeMy WebLinkAbout092214_ca08Consent Agenda
JEFFERSON (2'OUNTY PUBLIC HEALTH
615 Sheridan Street o Port Townsend 0 Washington 0 98368
www.jeffersoncountypublichealth.org
August 21, 2014
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: lean Baldwin, Director
DATE:
SU13JECT: Agenda Item — Professional Services Agreement with Chimacum School
District for Birth to 3 Years Program; September 7, 2014 —
June 30, 2015; $7,750
STATEMENT OF ISSUE:
Jefferson County Public Health, Developmental Disabilities Division, requests Board approval of the
Professional Services Agreement with Chimacurn School District for Birth to 3 Years Program;
September 7, 2014 — June 30, 2015; $7,750
ANALXSIS STRATEGIC GOALS PRO'S and COWS:
This is the third year Chimacum School District has provided these services to their district families and
children age birth to three. This agreement provides for educational and therapeutic services for Chimacum
School district families andl their children age birth to three suspected of having a developmental delay or a
disability. Individualized education plans (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
toddler's 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.
FISCAL EFIT ANALYSIS:
This is a fee for service contract. The agreement is a subcontract through the Program Agreement with
DSHS Developmental Disabilities Administration as part of the Child Development Program. The budget
reflects revenue and expense for this vendor,
COMMUMTY HEALTH ENVIRONMENTAL HEALTH
DEVELOPMENTAL DVSABILITIES PUBLIC HEALTH WATER QUALITY
MAIN: (360) 385-9400 ALWAY1 WORKING IFOR A SAFER AND MAIN- (360) 385-9444
FAX: (360) 395-9401 HEALTHIER COMMUNITY FAX: (360) 379-4487
Consent Agenda
RECOMMEN—Q�ATIOW-
JCPH management request approval of the Professional Services Agreement with ChiMarUM School District
for Birth to 3 Years Program; September 7, 2014 — June 30, 2015; $7,750
REVIEWED BY:
Philip Morley, QOu'ty Adminis, tratpr
ME
SUBCONTRACT FOR PROFESSIONAL SERVICES
Agreement Between
,JEFFERSON COUNTY PUBLIC HEALTH
And
CHIMACUM SCHOOL DISTRICT
This agreement is made and entered into between Jefferson County Public Health (COUNTY) and
Chimacum. School District (SUBCONTRACTOR) for provision of educational and therapeutic services
for Jefferson County children age birth to three years and their families. The term of this agreement is
September 15, 2014 through June 30, 2015. 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
1°amily Resource Coordinator (FRC), professional services to be provided by SUBCONTRACTOR shall
include:
1, Multi-disciplinary Evaluation and Assessment of children age birth to 2 years 8 months of age
who are suspected of having developmental delay or disability. The 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 IFSP. 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 OLItC01-nes.
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 instruction /education.
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.
7. Program management.
CHIMACUM SCHOOL Dis'rRicr Contract 2014-2015
1
MEMEMMEMOMM
SUBCONTRACTOR shall fulfill the following obligations:
l) SUBCONTRACTOR shall comply with all state and federal the
confidentiality of client records. Client information i« not Uiyo|omahUeu»the public. }nthrnoa1k»o
acquired pursuant to RCW 71 A. 14,070 requires a signed Release of Information or a signed Oath
of Confidentiality Form.
2) SUBCONTRACTOR sbuU require, pursuant b>RC\V4343.030-845.any prospective employee
who will or may have unsupervised access Lum person with u developmental disability in the course
of his mz her employment, or involvement with the business or organization, tmhave mWmmhio@]ou
State Patrol Criouinu|(W.S.9.) Background Check.
3) SD io required pursuant toRC�/74.X5. that ifany employee who
' has not resided inWashington State during the last three years, and who will or may have
unsupervised access tmm person with a developmental disability in the ooumsoof his mrher
employment, or involvement with the business or organization, must have aF.&f.I. Fingerprint
Check, This fingerprint check must occur before employment begins working.
4) s whmpe o Neyede\�SJ\
' Criminal Background Check every three years. W.S.9.Criminal Background Check and the
F.B.I. Fingerprint Check must g* through the Background Check Central Unit Office within
i)SIl@ in Olympia.
5) SUBCONTRACTOR shall comply with the folKowiugD0IJ Policies: 3.01 Client Service Plans,
5.01 Criminal History Background Checks and Safeguarding Personal Information, 5.02
Necessary Supplemental /\ovornmmodu1iuu (N3/\), 5.03 Client Complaints, 5.05 Limited Kloglipb
Pnmficienoy(LEP) Clients, 5.06 Client Rights, 5.13 Protections From Abuse, 5.14 Positive
Behavior Support, 5.15 Use of Restrictive Procedures, 9.07 Human Immunodeficiency Virus
(0lV) and Acquired Immune Defiu]encySyndrome (AnD6), 13.01 Incident Management, 13.84
DRW Access Agreement and the lP42 County Guidelines.
6� S\JBCO�|TR/�C7UI�shall have p/d�eopol�k�regarding puxuu burumaemeotand non-
discrimination (said policies must guarantee hunnun/civU rights); upernon"« right to
safeguarding personal information abuse mf participants; agency medication ,o; respectful
' ' h1n�aoh � �ukx�i person's right respect and free of abuse).
s�dT�o-pa��/�ont nnm,`-.c.� n�mp��mu '`_— _=,
7) SUBCONTRACTOR shall assure that participants in accordance with Necessary Supplemental
Accommodation (NSA), Policy 5.02, have been informed of their rights; vvho]mcrvioomand
benefits may hm expected from the program; the program's expectations of them; and, iƒ
necessary, ehui\ assure that the participant's family, guardian, or advocate is also informed.
8) SUBCONTRACTOR shall have a grievance policy that:
~ negotiates conflicts and advises participants nf grievance
m
is explained to participant and others in accordance with the NSA, DI}D Policy 5.02
m
prohibits retaliation for using the grievance nrooemm
w
includes m non retaliation statement
m
assure that advocates are available and encourages participants k) bring advocates tohelp
negotiate
CBnMAC0YV SCHOOL DISTRICT Contract %Vn4-2Vl5
2
� includes umediation process that promotes the use of someone who is unaffected by the
outcome if conflicts remain unresolved (a DD,D[ase Resource Manager may be included as
an alternative option)
�
includes aprocess for tracking and reporting grievances.
g\ SUBCONTRACTOR shall ohtnkz and retain io the clients' files signed proof o[client's and/or
family's review of all policies, provider expectation, and receipt o[ information about services
and 'ncfita1oho provided hv the program. The signed proof required hv this section shall 6e
reviewed and renewed with new documentation on not less than an annual basis.
10) SUBCONTRACTOR will encourage participant invmlvuooentin policy development.
ll�H���mmue�� �ui�ofio����ora�o�n wiUo�mi�.Sm�w�m i�
' will arise when: The employee, oQficcrm, agent, any member o[ immediate family, cGuardian /
decision maker, or an organization p/biob employs, or in about tm employ any nfthe above has
Onmzuia\ or other interest in the client(s).
\2)0y SUBCONTRACTOR iw found to have u substantiated finding of abuse, neglect, abandonment
mr financial exploitation, theymhal}oomply 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.
�
Upon receiving docurnentation 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:
u Document the steps the agency has taken to protect the vulnerable
person(s) immediately; and
b. Submit a corrective action plan, J needed, to the COUNTY within lO
working days.
2. The COUNTY will respond to the steps taken and the sufficiency of the proposed corrective
action 9Kmm within U0 working days. D[ the corrective action is not accepted, the plan will be
n:twnlod 1u 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 toDK)D for final approval.
DDD Regional staff will ,cepmmd omtwplan sufficiency and whether any additional
information is needed within lOworking days. The Region will send a copy to Central
D0lcu.
13�) SUBCONTRACTOR is required to maintain the following muin|nmunn organizational capacity in
order tu meet the performance standards set forth in this agreement. Failure or inability of
SUBCONTRACTOR tnmneet any or all uf these minimum capacity requirements, madetermined
solely by COUNTY, may be cause for termination of this agreement as provided herein.
(x) Qualijed Staff., Adequate, qualified staff with certification, skills, and experience in evaluation,
teaching, therapeutic services and support of infants and toddlers with developmental
CIlMACUM SCHOOL, DISTRICT Contract zV14-2015
3
disabilities. SUBCONTRACTOR will provide COUNTY with information regarding staff
qualifications upon request.
N� 0J0 h4yuw��um��mo#�e�unwhk�d����i�
` ' ----��
mission, program objectives, expected u10 wmce, how and when objectives will be
accomplished; and that the plan is evaluated m1 least biennially and revised based ouactual
performance.
(c) SD!�C(�Y�Tf�ACTDKhas aoou�nmitrneottmmuppmdi integration ufintun�and
toddlers ' th developmental disabilities with others who do not have adisability and has
involved family members of infants and toddlers with developmental disabilities ill policy
development.
(d) : SDI�CONTR8CT0Tlhas uhimtory nfvvod«ingcooperatively v°k6 community-
based ' wrg/aiz41ionm including other Agencies, Infant and Toddler Early Intervention
Program, (%TElP)" the Lead Agency for lTELP, the County D1) Program, the Division of
Developmental Disabilities and other School 0gmiutm.
�} S d |�moio�iououou�iug �uonda
that ` ' accurately reflect all program revenues and expenditures; prepare monthly otaternentsof
activity (ADSA Reports); maintain appropriate Client service records and progress reports; and
track key pnngm/nu performance indicators.
14) All services for inCocUm and toddlers `pithdcvelupnlcutul disabilities rnu$1bc provided n/ith
' attention tntheir health and safety. SUBCONTRACTOR shall comply with all applicable federal,
state and |uoa| fio:^ health and safety regulations. Staffing ratios and patterns are adequate to
maintain quality and safety.
15) SUBCONTRACTOR will provide Child Development Services (Birth to Three) Services:
u) To the child and family in mtiouelYzouuner. (Services are considered timely if they begin
' within 3Adays of the start date on the signed iPSP unless the TFSP dooumocol$ that the parent
requested ode|uy in the start o[the services).
b) 1n compliance with the natural environments criteria for IDEA, Part C and Washington
State's federally approved Early Intervention Plan.
u) That meet the highest entry level requirements in Washington State for 2udy 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 need) and the
' Individualized Family Service Plan (OPSP)within 45 days of receipt nFreferral, (Referral is
defined as the date the family resources coordinator or lead agency received referral),
s1 That assist the family to ensure the child obtained an evaluation by uouu|tidimcip|ioory team.
f) That receives from the parent o�wri�en oummezt for all activities related to the provision of
- Early Intervention Services in the family's native | uu�om�uor other mode ufcommunication.
Q) That assure the lFSPvvow reviewed every six months with u new plan written annually.
CHIMAC0M SCHOOL DISTRICT Contract %0l4-2015
4
h) That assures that progress toward the child and family outcomes within the IF0P are assessed
oomm ongoing basis and documented o1 least annually.
i) That provides child and family uo�oomeuvvkhinthe lFSP that are functional and based oothe
' individualized needs nfthe infant nr toddler and the onocemma and the priorities nfthe family.
Child specific outcomes reflect the child's participation io everyday routines and activities.
Family specific outcomes address the capacity mf the family to enhance their child's
development.
�\ To the xmasinoumo 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 a Transition Plan for each child participating in the early intervention program
developed at least 9Udays prior k)the obiYd,m <bbd birthday.
16) SUBCONTRACTOR shall report any injury m«accdox,which requires more than simple first uk]
and any extraordinary incident that requires intervention, first to the DSHS/DDD Case Manager for
the individual involved and then tothe: County Coordinator. This iuc)mdma serious physical or
couo(ionu\ harm o, potential harm.
1. The initial report may be done through documented telephone calls to the County
Coordinator.
2. SUBCONTRACTOR shall submit awritten follow-up report within 10 days to the County
Coordinator. The report to the County Coordinator may be submitted by email, facsimile
(FA]{)to(300)385-940lorbv mail tn Jefferson County Public Health, d|5 Sheridan Street
port Townsend, W&9836B.
Serious and emergent incidents shall hc handled huaccordance with DSRS/DDDPolicy
12,01 Incident Management.
17) When requested, SUBCONTRACTOR will provide financial reports toCOUNTY, including all
6w� inywDlu{sn�do1u|todenuoombate|be
nom�oc�m��pmm�m�n��� , 0��U�|w��|u|� /
uses nf funds provided under this agreement.
18) For years following the end d�eof this ogceemmeo\,S{J��C()N?RLACT0TLp/i|\rnuintminclient
- records and books, records, dOCUrnents, reports and other evidence of accounting procedures and
practices which sufficiently and properly reflect all direct and indirect expenditures offunds
provided under this ufrommmont. Client records shall minimally include olatenocutmfclient goals,
documentation of training provided, training hours, n»u(iuc progress notes and biannual summary
progress toward meeting client goals.
h9l p�akeuvoiKuWufor ioap�tioo°review or audit bw County I�D(�nondinatnretoU reasonable du�eeall
� client records; and all docurnents, reports and other data applicable to this agreement.
20) The shall oaooi1mrservices delivered and conduct zt least one on-site visit p/irh
' SUBCONTRACTOR during the biennium 1u assure compliance with the DDD State Work Order,
CR|NIACUNI SCHOOL DISTRICT Contract 2014-2015
5
2 1) 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
on request. If SUBCONTRACTOR contracts directly with DSHS to provide covered services
under Title XIX, 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 Summary: 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 mediator's decision in the matter will be binding on all parties, except that in no event
will the County honor a financial determination that is greater than the funds allowed
the scope of this Agreement.
C. REIMBURSEMENT'S
For said services rendered under this agreement, COUNTY shall reimburse SUBCONTRACTOR
on a unit rate basis, as follows:
(1) Early Intervention Services SUBCONTRACTOR will be paid per MONTHLY Unit assigned
Service Responsibility of regular Program Service provided to eligible clients on a fee-for-service
basis according to Attachment 1, Fee Schedule., Reimbursement to SUBCONTRACTOR by
COUNTY will be the net amount of the applicable fte per Attachment 1, less any amounts
received fi-oni other funding 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 the parties. A copy of the signed CSA
must be in the client's file.
(3) SUBCONTRACTOR will bill COUNTY on a monthly basis, on or before the 5th day of the month,
for units of service provided under this agreement during the preceding month.
SUBCONTRACTOR will submit a Monthly DDD Services Report (ADSA) form for its billings.
CHIMACUM SCHOOL, DISTRICT Contract 2014-2015
6
(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, and amount(s) denied.
(8) Total reimbursements for the fiscal year of 2014 -2015 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 2014-2015.
MISCELLANEOUS
(1) Pursuant to WAC 275, DSHS 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 under 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
AGREEMENT 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) The SUBCONTRACTOR'S relation to the COUNTY shall be at all times as an 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 an
AGREEMENT,
(4) The SUBCONTRACTOR shall obtain and keep in force during the terms of the AGREEMENT,
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 damage liability coverage for all owned and non-owned vehicles assigned to or
used in the performance of the work for a combined single limit of not less than
CHIMACUM SCHOOL DISTRICT Contract 2014-2015
7
$lJ00,0UQ each occurrence with the COUNTY named om all additional insured in
connection with the SUBCONTRACTOR'S performance of the contract.
(c) Ge�rmlCpmme�i�LiohOi��oun�ce|nunxm��� not less �ana�a�e|imhofone
' million dollars ($I,000,O0O.00) per occurrence and m aggregate of not less than two (2)
times the occurrence unooumt($�2,0O0.00V.00 minimum) for bodily injury, including death
and property damage, unless a greater arnount is specified in the contract specifications.
The insurance coverage shall contain no limitations on the scope of the protection
provided and include the following mniubnumocoverage:
(l) }0rnud Form Property Damage, with om employee exclusion;
(2) Personal Injury Liability, including extended bodily injury;
(3) Broad Form Contractual/Cornmercial Liability - including completed operations;
(4) Premises - Operations Liability (M&C);
(5) independent Contractors and Subcontractors-,
(d) Blanket Contractual Liability.
(5) All employees or subcontractors of SUBCONTRACTOR who are required 1m\e professionally
certified by the State iothe performance nf services under this agreement shall maintain
professional )imbiYbw insurance in the amount nf not less than one million dollars ($|,O0O,00O). In
no case shall such professional liability to third parties be limited inany way.
(6) �ruufo[S0�}C(}NTKAJCT0K"mnncnmhezubipinameU�iooureddyk pool for school di�r�m
' pursuant 4862&�\�ahuUy�Oic�i��b�uppboa��\h�bi|hvlhnhmo[�o�||ksh|U�v
pu �uupu,/ . ", .� ~
policy exceed those listed here.
( ) U eboU be the responsibility mrtile SUBCONTRACTOR to insure that any and all persons
op�d�u�h� pudbmmuno�ufu��vvockorwcr���m:guir�dmf(�c ��under
s��-=-- ~~—~—^^~^~^~~~
this AGREEMENT, shall comply with the same insurance requirements that
SUBCONTRACTOR im required tomeet.
(K) Failure on tile part of the SUBCONTRACTOR to maintain the insurance as required shall
constitute aonctcrio| bxmuph of contract upon which tile COUNTY may, after giving five working
days notice to the SUBCONTRACTOR tmcorrect 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 en expended tube repaid tuUxoCOCqH7Ymudcnzund,mrut1b#ooVe
discretion of the COUNTY, offset against funds due the SUBCONTRACTOR frornthe
COUNTY.
(y) All cost for insurance shall be considered incidental to and included in the unit contract prices and
no additional payment will be made,
(l0) ngthe \�urker ComVenaudmminsurance and any iono}|iuhi)hybl�/ruoccsecured
` by the S08CON�AC7O��e[�N7Y�0bemum��aUo�i�oc�s��sumnce��
'dibon4| insured. The SUBCONTRACTOR shall furnish the COUNTY with vohfiou1iom of
insurance and endorsements required by this AGREEMENT. The SUBCONTRACTOR reserves
the right to require complete, certified copies nf all required insurance policies uT any time.
CHIMAC0&8 SCHOOL DISTRICT Contract 2014-2015
8
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.
(12) 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 Linder other provisions of this AGREEMENT, or otherwise in
law.
(13) 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,
(14) The SUBCONTRACTOR shall comply with all Federal, State, and local laws and ordinances
applicable to the work to be done under 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.
(15) 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.
(16) The SUBCONTRACTOR OR 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,
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 extent of the
SUBCONTRACTOR'S negligence or the negligence of the SUBCONTRACTOR'S agents or
employees.
(1 7) 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 Linder, constitutes an infringement of any copyright, patent, trademark,
trade name, or otherwise results in an unfair trade practice or an unlawful restraint of competition.
(1 8) Tile 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 under this
AGREEMENT 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
CHIMACUM SCII00L DISTRICT Contract 2014-2015
9
into pursuant to provisiOns of RCW 4,24-115 and was subject of mutual negotiation,
(19) SUBCONTF-ACTOR shall not discriminate against any person presenting themselves for services
based on race, religion, color, sex, age or national origin.
(20) 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 from 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.
(21) No portion of this contract may be assigned or subcontracted to any other individual, firm, or
entity without the expre ss 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.
ADOPTED TIME _ day of 2014.
By: John Austin, Chairman
Jefferson County Board of Commissioners
By: n4ac�uin �Jcho�olDist�rictSupkrint,
Chi curn School District Superintendent
By.
Deputy /Clerk of the Board
APPR IVED AS TO R M ONLY:
By:
J C Prosecuti 'Attorney
Jefferson CUNTY
DISTIZICI' Contract 2014-2015
C111MACUM SCH001' to
ATTACHMENT 1
]FEE SCHEDULE
Early Intervention Unit of Service
1. 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.
A maximum of five (5) UNITS of EARLY INTERVENTION Service may be
billed on a monthly basis,
Not to exceed 57,750 in completion of services for the duration of the contract without
express written amendment.
CHIMACUM SCHOOL DISTRICT Contract 2014-2015
11