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HomeMy WebLinkAboutAble Opportunites, Inc. - 042715Able Opp rules, In ept r3 . j,) .' Page 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN JEFFERSON COUNTY AND Able Opportunities, Inc. This agreement is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County" and Able Opportunities, Inc. hereinafter referred to as "the Subcontractor" in consideration of the mutual benefits, terms, and conditions hereinafter specified. Section 1. Designation The County, on behalf of the Jefferson County Public Health, the Developmental Disabilities Program, acting in compliance under the Contract with Able Opportunities, hie. in agreement with the terms and conditions of the Statement of Work hereby contracts with the Subcontractor to perform duties as described in Exhibit A. Section 2. Obligations (1) SUBCONTRACTOR shall have written policies regarding; sexual harassment and non - discrimination (said policies must guarantee human/civil rights), 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). (2) 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. (3) SUBCONTRACTOR shall have a grievance policy that advises participants of grievance procedures and that the grievance policy is explained to participants and others in accordance with the NSA, DDD Policy 5.02. The grievance policy shall prohibit retaliation for using the grievance process and a non - retaliation statement shall be included in the grievance policy. The grievance policy must also include a mediation process that encourages the use of advocates, DDD Case Resource Managers & others who are unaffected by the outcome. (4) SUBCONTRACTOR shall assure 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). (5) SUBCONTRACTOR must have a Washington State Patrol Criminal (W.S.P.) Background Check and F.B.I Fingerprint Check; and is required to repeat the W.S.P. Criminal Background Check every three years. The W.S. Able opportunities, Inc. Agreement Page 2 Criminal Background Check and the F.B.I. Fingerprint Check must go through the Background Check Central Unit Office within DSHS in Olympia in accordance with RCW 43.43.830 -845 and RCW 74.15.030. Section 2. Terms This agreement shall commence on April 1, 2015 and continue through June 30, 2015 unless terminated as provided herein. The agreement may be extended beyond June 30, 2015 upon mutual consent of the County and the Subcontractor. Section 3. Scone of Agreement The Subcontractor agrees to perform the services, identified on Exhibit "A" A. The Subcontractor works for the Jefferson County Developmental Disabilities Program to support its goals and objectives. B. The specific duties of the Subcontractor are outlined in Exhibit A. C. The Subcontractor shall provide reporting detailed in Section 10. Section 4. Compensation The Subcontractor shall be paid by the County for completed work and for services rendered under this agreement as follows: A. Payment for the work provided by the Subcontractor shall not exceed $110 an hour for consulting and technical assistance. B. Payment for work not to exceed $4,500 in total, for the completion of this project without express written amendment signed by both parties to this Agreement. C. The Subcontractor may submit invoices to the County for work completed to date. The County will review such invoices, and upon approval thereof, payment will be made to the Subcontractor in the amount approved. D. The total compensation to the Subcontractor is limited to the terms of this Agreement, which commence on April 1, 2015 and ends June 30, 2015. E. The County will make final payment of any balance due the Subcontractor promptly upon its ascertainment and verification after the completion of the work under this agreement and its acceptance by the County. F. The Subcontractor records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the County and state for a period of six (6) years after final payments. Copies shall be made available upon request. G. Ownership and use of documents. The Subcontractor acknowledges and agrees that any and all work product directly connected and/or associated with the services rendered hereunder, including but not limited to all documents, drawings, specifications, writings, samples, reports, pictures and the like which the Subcontractor drafts, makes, conceives, develops in the performance of the service hereunder, either solely and/or jointly with the County shall be the sole and exclusive property of the County. The Subcontractor further acknowledges that such material shall be considered work for hire and the Subcontractor Able Opportunities, Inc. Agreement Page 3 acknowledges the County's sole and exclusive right to such copyright, patent, trademarks, trade names and other intellectual property right claims for said materials. Other materials produced by the Subcontractor in connection with the services rendered under this agreement shall be the property of the County whether the projects for which they are made are executed or not. The Subcontractor shall be permitted to retain copies, including reproducible copies, of drawings, writings, samples, reports, and specifications for information, reference, and use in connection with Subcontractor endeavors. The Subcontractor agrees not to publish, submit for publication, display or otherwise use said material for any reason whatsoever, without the express written consent of the County. Section 5. Compliance with laws The Subcontractor shall, in performing the services contemplated by this agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this agreement. Section 6. Indemnification The Subcontractor shall indemnify, defend and hold harmless the County, its officers, agents and employees, from and against any and all claims, lawsuits, demands for money damages, losses or liability, or any portion thereof, including attorney's fees and costs, arising from any injury to person or persons (including the death or injury of the Subcontractor or damage to personal property) if said injury or damage was caused by the negligent acts or omissions of the Subcontractor. Section 7. Insurance The Subcontractor shall obtain and keep in force during the terms of the Agreement, or as otherwise required. A. Commercial Automobile Liability Insurance is waived based on the fact that Able Opportunities Inc. does not own a fleet of vehicles that are titled in their name. B. General Liability (1) — with a minimum limit per occurrence of one million dollars ($1,000,000) and an aggregate of not less than two million dollars ($2,000,000) for bodily injury, death and property damage unless otherwise specified in the contract specifications. This insurance coverage shall contain no limitations on the scope of the protection provided and indicate on the certificate of insurance the following 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 (contractors only); 4. Premises— Operations Liability (M &C) 5. Independent Contractors and Subcontractors; and 6. Blanket Contractual Liability. (1) Note: The County shall be named as an additional insured party under this policy. Able Opportunities, Inc. Agreement Page 4 C. Professional Liability Insurance providing $2,000,000 per incident; $3,000,000 aggregate. Contractor shall name Jefferson County Public Health as additional insured. D. The Contractor shall participate in the Worker's Compensation and Employer's Liability Insurance Program as may be required by the State of Washington. E. 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 Contractor. F. Any 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 any policy the Contractor must provide to comply with this Agreement. G. If the proof of insurance or certificate indicating the County is an "additional insured" to a policy obtained by the Contractor 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 Contractor to obtain the full text of that endorsement and forward that full text to the County. H. The County may, upon the Contractor's failure to comply with all provisions of this contract relating to insurance, withhold payment or compensation that would otherwise be due to the Contractor. Subcontractor shall provide proof of insurance to the County in care of Developmental Disabilities County Coordinator at Jefferson County Public Health, Developmental Disabilities Program, 615 Sheridan St. Port Townsend, WA 98368 prior to commencing employment. Section 7: Confidentiality Contractor, its employees, subcontractors and their employees will maintain the confidentiality of all information provided by JCPH or acquired in performance of this Agreement as required by HIPAA and other privacy laws. This Contract, once executed by the parties, is and remains a Public Record subject to the provision of Ch. 42.56 RCW, the Public Records Act, Section 8. Independence The Subcontractor and the County agree that the Subcontractor is an independent Subcontractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. The Subcontractor shall not be entitled to any benefits accorded County employees by virtue of the services provided under this agreement. The County shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to employee. Section 9. Assignments and Subcontracfin2 The Subcontractor may sublet or assign any of the services covered by this agreement but only with the express written consent of the County. Able Opportunities, Inc. Agreement Page 5 Section 10. Reporting The Subcontractor will provide electronic & hard copies of any reports and an invoice for billing to the County as identified in Exhibit A. The monthly invoice along with a copy of the report shall be mailed to Jefferson County Public Health in care of the Developmental Disabilities County Coordinator, 615 Sheridan, Port Townsend WA 98368. Section 11. Termination A. The 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 any funding source is withdrawn, reduced, or limited in any way after the effective date of this agreement. In the event of termination under this clause, the County shall be liable for only payment for services rendered prior to the effective date of termination. B. This agreement may also be terminated as provided below: 1. With 14 days notice by the Board of County Commissioners for any Reason, or 2. With 14 days notice by the Board of County Commissioners for non- performance of the specific job duties in Exhibit A. 3. With 14 days notice by the Subcontractor by voluntary resignation. Modification Section 12. This employment agreement may be modified at any time by written agreement of all parties Section 13. Integrated Agreement This Agreement together with attachments or addenda represents the entire and integrated agreement between the County and the Subcontractor and supersedes all prior negotiations, representations, or agreements written or oral. Between the parties. This agreement may be amended only by written instrument signed by both County and Subcontractor. Able Opportunities, Inc. Agreement Page 6 Approved this day of 2015, BOARD OF COUNTY COMMISSI NERS JEFFERSON COUN I S�WASI 71 NN David Sullivan, Chairperson ATTEST: nz t/ Z/5-- Deputy/ClZrk of the Boar APPR VED A TO FOr ONLY: Lj By: a v} ! —)� ' Z �� Jefferson County Prosecuting Vtorney Date Able Opportunities, Inc. Agreement Page 7 WORK STATEMENT EXHIBIT A STATEMENT OF WORK Able Opportunities, Inc. Subcontractor will provide "Individualized Technical Assistance" or "ITA ": services are a part of an individual's pathway to individual employment. The service of ITA (in order to identify and address existing barriers to employment) will be in the form of technical assistance, assessment and consulting to individuals with developmental disabilities, their families, employment agencies and their staff, (when applicable) school districts and other interested parties. H. PROGRAM DESCRIPTION A. Tasks 1. The Subcontractor may provide consulting & technical assistance to individuals with developmental disabilities and their families, employment agencies and their staff, (when applicable) school districts and other interested parties. The technical assistance may include one to one training, behavioral analysis and a written behavioral support plan that supports a successful pathway to employment. B. Requirements 1. Provide individualized technical assistance to individuals with developmental disabilities and their families, employment agencies and their staff, (when applicable) school districts and other interested parties. 2. Meet or have a phone meeting with the DD Coordinator when applicable. C. Reporting 1. Provide electronic copies of documentation/reports to individuals with developmental disabilities and their families, employment agencies, DDA Case Resource Manager and the County Developmental Disabilities Coordinator. D. Billing 1. Provide electronic & hard copies of documentation/reports and a signed invoice for billing after work is completed. E. Performance Standards 1. The Subcontractor shall provide Services, as defined in Tasks, Section ILA above. 2. The Subcontractor will adhere to the Requirements, as defined in Tasks, Section II.B above. 3. The Subcontractor will adhere to the Reporting, as defined in Tasks, Section II.0 above. 4. The Subcontractor will adhere to Billing, as defined in Tasks, Section II.D above. 615 Sheridan Street Port Townsend, WA 98368 www. JeffersonCountyPublicHealth.org Health Consent Agenda March 30, 2015 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Jean Baldwin, Director Anna McE ry, Developmerital Disabilities Coordinator DATE: 2 ! s SUBJECT: Agenda Item — Professional Services Agreement between Able Opportunities, Inc. and Jefferson County Public Health (JCPH); April 1, 2015 — June 30, 2015; $4,500.00 STATEMENT OF ISSUE: Jefferson County Public Health, Community Health, requests Board approval of the Professional Services Agreement with Able Opportunities, Inc. and Jefferson County Public Health; April 1, 2015 — June 30, 2015; $4,500.00. ANALYSIS /STRATEGIC GOALS /PRO'S and CON'S: This Professional Services Agreement is funded by Department of Social and Health Services, Developmental Disabilities Administration contract. JCPH subcontracts with Able Opportunities, Inc., a sole source provider (rationale attached), to provide Individualized Technical Assistance (ITA) as an element of an individual's pathway to individual employment. ITA will identify and address existing barriers to employment and communication. Able Opportunities provides assessment, one -to -one training, behavioral analysis, and written support plans to individuals with developmental disabilities, their families, employment agencies and their staff, and, when applicable to school districts or other interested parties. All services are rendered in an effort to provide successful pathways to employment. FISCAL IMPACT /COST BENEFIT ANALYSIS: This contract agreement is fully funded by the DSHS, Developmental Disabilities Administration contract number 1769CS -63. RECOMMENDATION. JCPH management requests approval of Professional Services Agreement with Able Opportunities, Inc. and Jefferson County Public Health for individualized technical assistance; April 1, 2015 — June 30, 2015; $4,500.00. REVIEWED BY: J Philip Morley; ntyAdmm -ist ator Date Community Health Environmental Health Developmental Disabilities Water Quality 360 -385 -9400 360- 385 -9444 360- 385 -9401 (f) Always working for a safer and healthier community (f) 360- 379 -4487 615 Sheridan Street Port Townsend, WA 98368 www. JeffersonCountyPublicHealth.org Public Health TO: Philip Morley, County Administrator FROM: Anna Mc Enery, DO Coordinator DATE: March 30, 2015 SUBJECT: Professional Service Contract with Able Opportunities, Inc.-Sole Source Provider The Developmental Disabilities Program requests approval of Professional Services agreement in order for Jennifer White of Able Opportunities Inc. to provide Individualized Technical Assistance (ITA) to clients with developmental disabilities in Jefferson County as a sole source procurement under JCC 3.55.170 and Chapter 15 of the State Accounting Manual, (Olympia WA 2007 - 2008). This service of ITA will identify and address existing barriers to employment & communication in the form of technical assistance, one -on -one training, behavioral analysis, assessment and consulting to individuals with developmental disabilities, their families, employment agencies and their staff, (when applicable) school districts and other interested parties. Jennifer L. White has owned & operated Able Opportunities, Inc. since 1998; she is uniquely qualified as a sole source provider for the following reasons: Ms. White is the co- creator of the WIN (Work independence) Program, which has developed successful retention and recruitment models for businesses to hive people with developmental disabilities. She works with a broad range of people, specializing in communication, education, behavior support and vocational goals and programs for children and adults. As a member of Seattle's Deaf & Deaf Blind communities, she is skilled in providing support to people who are deaf, hard of hearing, and deaf - blind. Jennifer is uniquely qualified to offer services to people with developmental disabilities because, after a career as a Special Education Teacher, she has worked in the field of rehabilitation for over 26 years. Jennifer brings functional tools and exceptional services molded by decades of experience working in schools and adult service agencies, and a genuine belief in the value of diversity. ♦ 37 years working in schools and adult service agencies, collaborating with teams to provide optimal service and clear choices to individuals with disabilities. ♦ 26 years working with the Division of Vocational Rehabilitation ♦ 28 years playing and working in the Deaf and Deaf -Blind communities as Communication Specialist ♦ Fluent in American Sign Language ♦ Certified Community Rehab Professional and Independent Living Vendor for the Division of Vocational Rehabilitation, Developmental Disabilities Administration, Department of Services for the Blind, Labor & Industries ♦ Nationally accredited thru Community Accreditation for Rehab Facilities, (CARF) ♦ Positive vision and respect for all people, embracing our diversity and unique contributions Ms. White is the only provider of this type in our area and is uniquely qualified to provide this particular ITA service because of the degree to which her skills are extensive, specialized, and proven. Community Health Developmental Disabilities 360- 385 -9400 360- 385 -9401 (f) Always working for a safer and healthier community Environmental Health Water Quality 360 -385 -9444 (f) 360- 379 -4487 615 Sheridan Street AS �� Port Townsend, WA 98368 www.JeftersonCountyPublicHealth.org CONTRACT REVIEW FORM DDA 5 -55 CONTRACT WITH: Able Opportunities Inc. CONTRACT FOR: Individualized Technical Assistance TERM: April 1, 2015 —.Iune 3Q, 2035 COUNTY County Public Health For More Information Contact: Anna McEnery Contact Phone #: X410 RETURN TO: Denise Banker RETURN BY: ASAP AMOUNT: $4,500.00 Revenue: Expenditure: $4,500.00 Matching Funds Required: Source(s) of Matching Funds: Funding Source APPROVED FORM DSHS DDA 1769CS- 63 :VIEW BY RISK Review by: Date Reviewed: Step 2: REVIEW BY PRO, Review by: Date Reviewed: APPROVED AS TO FORM Comments: PROCESS: ❑ Exempt from Bid Process ❑ Consultant Selection Process ❑ Cooperative Purchase ❑ Competitive Sealed Bid ❑ Small Work Roster ❑ Vendor List Bid ❑ RFP or RFQ © Other: Sole Source Returned for revision for (This form to stay with contract throughout the contract review Community Health Developmental Disabilities 360- 385 -9400 360 -385 -9401 (f) Always working for a safer and healthier community Z(lJ V ,;D APR 16 21115 =cON COUNTY j -06 f OR,G ATTORNEY Environmental Health Water Quality 360 -385 -9444 (f) 360 -379 -4487