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Port Townsend, WA 98368
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Public �-IOCi A Consent Agenda
September 18, 2015
JEFFERSON COUNT"
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Jean Baldwin, Director
DATE: 0&_ , I ;�_ 1 20 ( 5
SUBJECT: Agenda Item — Professional Services Agreement — Port Townsend
School District, Birth — 3 years; September 18, 2015 — June 30, 2016;
$10,850
STATEMENT OF ISSUE:
Jefferson County Public Health, Developmental Disabilities Division, is requesting Board approval of the
Professional Services Agreement — Port Townsend School District, Birth — 3 years;. September 18, 2015 —
June 30, 2016; $10,850
ANALYSIS STRATEGIC GOALS PRO'S and CON'S:
This agreement with Port Townsend School District provides assessment, intervention, education, and
specialized therapy for infants and pre - school children who are suspected of having a developmental delay
or disability. Port Townsend School District will provide services for eligible children upon request by JCPH,
with compensation on a fee for service basis. Individualized Family Service Plans (IFSP's) will be developed
by the district, in collaboration with the family and other providers, 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 documentary tools for intervention service and
funding sources.
FISCAL IMPACT COST BENEFIT ANALYSIS:
Funding for these services is provided through our contract with DSHS Developmental Disabilities
Administration (DDA). The agreement is a subcontract through DSHS DDA as part of the Child development
program. The budget reflects revenue and expense for this vendor.
RECOMMENDATION:
JCPH management request approval of the Professional Services Agreement — Port Townsend School
District, Birth — 3 years; September 18, 2015 — June 30, 2016; $10,850
RE 7EW.ED BY:
P I Mole._ Admin:.
� istrato
lrve6airu.iatal Disabilities '—�'
360- 385 -9400
x
Date Environmental Health
360- 385 -9401 (f) Always working for a safer and healthier community
Water Quality
360 -385 -9444
(f) 360- 379 -4487
SUBCONTRACT FOR PROFESSIONAL SERVICES
Agreement Between
JEFFERSON COUNTY PUBLIC HEALTH
And
PORT TOWNSEND SCHOOL DISTRICT
This ;agreement is made and entered into between Jefferson C. "oarrrty Public Flealtlr (C'OI.fl' TY) and Port
Townsend School District (SUBCON "I'RACTOR) for provision of educational and therapQtrtic serviees li,)r.
Jefferson Country children age birth to three years and Ilieir f,1111ilies. "I "lre term of this :tgrectilent is
September 18, 2015 through June 30, 2016. 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 SUBCONTRACTOR shall
include:
1. 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. 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 lirmily and other
providers. SUBCONTRACTOR and the fa nily will write the IFSP Jointly on approved I*orms.
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 /Apple Health, 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 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.
PTSD Contract 2015 -2016
B. OBLIGATIONS
SUBCONTRACTOR shall fulfill the following obligations:
1) 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 71 A.14.070 requires a signed Release of Information or a signed Oath of
Confidentiality Form.
2) SUBCONTRACTOR is required provide background checks, pursuant to RCW 43.43.830 -845,
RCW 74.15.030, and Chapter 388 -06 WAC, which state that any prospective employee or volunteer
who will or may have unsupervised access to a vulnerable person with a developmental disability in
the course of his or her employment, or involvement with the business or organization, must have a
background /criminal history clearance before they have unsupervised access. The DSHS
Background Check Central Unit (BCCU) must be utilized to obtain background clearance.
3) If SUBCONTRACTOR reviews the application and elects to hire or retain an individual after
receiving notice that the applicant has a conviction for an offense that would disqualify the
applicant from having unsupervised access to vulnerable adults as defined in Chapter 74.34 RCW,
then DDA shall deny payment for any subsequent services rendered by the disqualified individual
provider.
4) SUBCONTRACTOR is required pursuant to RCW 74.15.030, that if any prospective employee who
has not resided in Washington Stale during the last three years, and who will or may have
unsupervised access to a vulnerable person with a developmental disability in the course of his or her
employincrit, or involvement with the business or organization, must have an F.B..I.1 ingerprint Check
before they have unsupervised access and belbre prospective employer begins working, The DSHS
Background Check Central Unit (BCCU) must be utilized to obtain background clearance.
5) SUBCONTRACTOR is required to repeat the btrcicgr °or;rrl(l /cr.itTaiaaal history clearance For all
employees or volunteers who will or may have unsupervised access to a vulnerable person with a
developmental disability in the course of his or her eniployanent, or involve"Ieut with the business or
organization, every three years. The DSHS Background Check Central Unit (13C. "CIJ) must be
utilized to obtain background clearance in accordaoace with .RCW 4141830 -845, RCW 74.15.030
and Chapter 388 -06 WAC.
6) SLIBCm(`.)N"I RACTOR shall comply, as mandated reporters under RCW 74.34.020 (11), with all state
moat federal requirements under RCW 74.34.035,„ .040 Abuse and neglect of'Vulnerable Adults; l C""v
26.44, Abuse of Children; the WACs: 275 -26 Division of Developmental Disabilities Services
Rules; 296 -24 General Safety & Health; 296 -62 General Occupational Health Standards; WACs:
388 -828 Developmental Disabilities Administration, (DDA) Assessment; 388 -845 Home and
Community Based Waivers; Definitions 0001; Criteria for HCBS Services 0030; Basic Waiver
Services 0200; Basic Plus Waiver Services 0210; Core Waiver Services 0215; Community
Protection Waiver Services 0220; 0600 -0610 Community Access Service; Supported Employment
Service 2100.
PTSD Contract 2015 -2016
7) SD mshui] comply with the following Disabilities Ajuioimbztuiou,
(DDA) Policies (hal mpyl- c 3.01 Client Service Plans; 101 Criminal History Background Checks
[N��Y
and Safeguarding Personal Information; 5�2 Smpyko�eoua| Ac000nnounuum ,_�~;
5.0 Client ~ Co���; 5.05 ]�� ��i� ��e���Cli�; 5.� ����� 5.l3
Protections ^Abum:; 5]4 Positive Behavior Smppmd;5.l5Ome#fKcabi#iioe Procedures; 6.08
Mandatory Requirements for Eou�| and Day Services Providers; 6.13
Enxd Reporting ' Prnvidor(�uai�' 0.O7 @uou�� homouod Virus (111-V)
aud' Acquired 'nouo— [efioicuuySyndrome /AlDS\; 12.01 Incident Management; 13.04DRVy
Access Agreement, and the 1992 County Guidelines.
8) 8� ��\ have written policies regarding; �u� harassment and non-
discrimination ' (oaid yoUoicu must guuruu1oc 11x111tim/ [vi| rights), o peramo"m right to phvmcY,
safeguarding personal
information abuse of participants, agency onedicmtimn procedure, respectful
uLuff-1o'yunioipuut interactions, (i.e.: including a person's right La be tuouhmd with digmi(/ and
respect and free ofubuuo).
0\ SUBCONTRACTOR ybul\ assure that participants in accordance with Necessary Supplemental
Accommodation /l�S/�)"poliuy�.02,buv�b��uiofhon�dofdb�irdgbto"vvbot services and benefits
(NSA), ftb �nz
may be expected fionothe yrogcuo�,the yrogruo�' u expectations o , and if necessary, obu\l
assure that the participant's tu/nUy, guardian or advocate is also informed.
|O) SUBCONTRACTOR shall have u grievance policy that:
• negotiates conflicts and advises participants of grievance procedures,
• is explained to participants and others in uoon/duuoc with the NSA, [)I)A Policy 5.02,
• prohibits retaliation for using the grievance pcooexo`
• includes unon-retaliation statement,
• 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 (aDI}ACase Resource Manager may he included as an u11oruu1ive
option) &
• includes uproueum for tracking and reporting gciovuuono.
\l) SUBCONTRACTOR shall obtain and retain in the olieoiu` files signed proof ofclient's and/or
' family's review ofall policies, provider expectation and receipt of information about services and
benefits to be provided by the program. The signed proof required by this section mbuU be
m:vicvvod and n000vved with new documentation oo not less than an annual huuio.
12) SUBCONTRACTOR will encourage participant involvement in policy development.
13) Has assurance that potential conflict of interest real or apparent, will not arise. Such u conflict will
'arise when: The employee, officer or agent, any member ofiromediate family, Guardian /decision
maker, or an organization which employs, or is about to employ, any of the above, has financial or
other interest io the c\ieoiia>.
PT8m Contract z0ls'2016
14) 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 DDA office will send a copy of the CPS substantiation
report to the COUNTY within one working day.
• 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 DDA for final approval.
DDA Regional stalfwill respond as to plan sul'1Clciency and whether any additional inlr`rrruation
is needed within 10 working days. The Region will send a copy to Central Office.
15) SUBC. ONTRAC:, I`OR is required to maintain the hallowing maainimum organizational capacity in order
to naect the perlaar-mance standards set forth in this agreement. Failure or inability of
SUBCON`I` AC,°I'01( to meet any or all of these nainirnuna capacity r.equiremcnls, as determined
solely by COUNTY, may be cause for termination of this agreement as provided herein.
(a) Q ualrrs��d ` u'i f: 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) Pcr Irar„Inance P1 iq': SUBCONTRACTOR has a written performances 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) tlrrtici4ants: SUBCONTRACTOR has a commitment to support integration of infants and
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) '.rrtrrcr lailrs: St.J11CONTRAC'l "OR hers as history of worki�ag cooperatively with cr:rnuaaanaity-
based organizalions irac uding other Agencies, Early Support for Infants and l oddlers (I S.! 1 "),
the Lead Agency for E"SIT, the County DD Program, the Developmental Disabilities
Administration and other School Districts.
PTSD Contract 2015 -2016
(e) Sya�uos d e) to: maintain records
that accurately � a1 program revenues and expenditures; prepare ciondiYy statc/uclits 01' octivity (AI)SA nnainlaill appropriate Clicmlservice records and progress reports; and
track key program performance indicators.
l6) ��\|services for infants and toddlers `vit6deveimpn�eotu|dimmbt|iheso�umtbmprovided with attention
' to their health and aafo�'. Sl]]�(�C>l�l[RAC1[>RLshall comply vvitbaUapplicable fed�aLm�teand
local fire, health and safety regulations. Staffing ratios and patterns are adequate to maintain quality
and safety.
17) SUBCONTRACTOR will provide Child Development Services (Birth to Three) Services:
� To the obUd�md��i�iuu timely mamoer. a�mms���6m�v��y��n
' within 3U days ofthe start date uu the signed [FSP unless the 0PSydmcunuonks that the parent
requested u delay iu the start of the aervicex .
h) In compliance with the natural environments criteria for IDEA, Part C and Washington
State's federally approved Early Intervention Plan.
c) That 000etthe 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 (e}igihdity)" uuaeynnoeut(child and �uuilyneed) and the
' Individualized Family Service Plan (lFSP) within 45 days of receipt ofreferral. (Referral is
defined as the dote the family resources coordinator orlead agency received ccternsD.
e) That assist the family to ensure the child obtained an evaluation by u multidisciplinary team.
fl That n:ooiveo from the parent, uvvd{teu consent for all activities related to the provision of
' Early Intervention Services in the family's native language or other mode ofcommunication.
g) That assure the lF89 was reviewed every six months with u new plan written annually.
b\ That assures that progress toward the child and buoui)y outcomes within the lF8P are assessed
ooun ongoing basis and documented u1 least annually.
U That provides child and family outuonueovvitbiothe IF99 that are functional and based on the
' individualized needs uf the infant or toddler and the concerns and the priorities of the family.
Child mpecifiunu$oonmem reflect the child's participation in everyday routines and activities.
Family mpecifiomolcornmu address the capacity mf the family to eobuucc theicobUd"u
development.
') To the maximum extent uypropdu1e for the individual child, in oo1uuu\ly 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.
W That provide a Transition Plan for each child participating in the early intervention program
was developed at least 90 days prior to the child's third birthday.
rT8o Contract 2015'20lo
18) SUBCONTRACTOR ohuU report any injury or accident, which requires more than simple first uidi
and any extraordinary incident that requires � iuterventiou. fiu%tothe [)S}{8/[DA Case Manager for
the individual involved and then to the County Coordinator. This includes mcdouu nhvniou\ or
emotional harm or potential harm.
The initial report may be done through documented calls to the County
2. oliu\gubnhmwritten follow-up report within ]O&iysomthe Cotility
Cmmrdimu1or. The report 0o the County Coordinator may be aubz it1md by email, flicsirni{e
(FAX)h3(360)3Q5-9401mrhwromi[to]cl`f`cnrS0gCunnc9I'ob\[c Health, 6}5 Sheridan Street
Port Townsend, WAg8308.
Serious and ernergmincidunts shall behandled in accordance with DSHS/DDAPolicy 12.01
Incident Management.
]9)�/hen requested, SDB��O{�1l�A(�J�)Il will provide financial reports to C@L��Tl�, including all
'1'evenueo and expenses generated by SULCONlRAG1'OR,iusufficient detail to demonstrate the
uxou of funds provided under this agreement.
20) For five years following the end date of this ugccenuon� SD&�C{}y�TR�^CT(}BL nvi|Y mnuiotaio client
' records and books, records, documents, repmdoaud other evidence of accounting pxnceduresand
practices which sufficiently and properly reflect all direct and indirect expenditures of funds provided
under this agreement. Client records shall minimally include statement ofclient gem\n,dmuuozeutoiioo
of training provided, training 11mucm,nuotiue progress notes and bimmuuu1 oumnromry progress toward
meeting client goals.
2l) Make available for inspection, review or audit 6v County D]� Coordinator ut all reasonable tizu�m� all ' client records; and all documents, reports and other data applicable to this agreement.
22) The COUNTY shall monitor services delivered and conduct at least one on-site visit with
SUBCONTRACTOR during the biennuim to assure compliance with the DDA State Work Order.
23\ 8[]DCOD�TR��CT()BL agrees to assign to COlJNIl, its Medicaid Billing Rights for services to
' clients eligible under Title XlXprograms. Written documentation shall he available to COUNTl!
on request, If SUBCONTIZACTOR coninicts directly with DSHS to provide co�ered services
under Title Xl}{, COUNTY agrees that ftindimg intended for those clients shall be excluded from
this agreement.
24) lf the [)ove\opnoontul Disabilities Program Coordinator finds indications of potential non-
' oonnp|iuuco during the contract n000bnriug process or }cucuu that the SUBCONTRACTOR iu not
of compliance with any of the terms or conditions of this contract, the following process will be
pursued:
����N�fi���:���pm�o����Omm��������
'' SUBCONTRACTOR iu writing nf the potential uou-000zy)iuuoe and au agreeable solution iu
reached within five (5) days.
(b) Official Notification: lf the bnfbro�n) undfiuodon does not rnau�bo o:ookdioo,the of�oia1
`'uotd5uu1ionofpooyihlcuou-000gpUu000toeutabUobudute,vvdbiufive(5)v/ockiogduyxof
notification, when representatives of the County and the SUBCONTRACTOR shall meet to
discuss areas of contention and attempt to resolve the iaa000.
PT90 Contract %0/5-20l0
(c) Written Summary: Within five (5) working days of such official notification the County will
provide the SUBCONTRACTOR a written suarrmary of the areas of no$)- 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. REIMBURSEMENTS
For said services rendered under this agreement, COUNTY shall reimburse SUBCONTRACTOR on
a unit rate basis, as follows:
(1) 1 rLy lnter°ygjtjsrrr ,Scrvi�Zc5 SL) C.ON "1RA(:°l "OR will be liid per MONTHLY Unit assigned
Service Responsibility of "regular Program Service provided to eligible clients on a fee -l:oa service
basis accoralirrg to Attachment 1, Fee ;Sehedule. 1(eimbursement to SUBCONTRACTOR by
COUNTY will be the net amount of the applicable fee per Attachment 1, less any amounts received
from other funding sources for the service provided.
(2) All referrals or rcquests for services under this agreement will be in writing using a County
Service Authorization form, (CSA) agreed to and sign d by the parties. A copy of the signed
CSA must be in the client's file.
(3) SUBCONTRACTOR will bill CO JNTY on a monthly basis, on or before the 5th clay of the month,
for units of,sery ice provided under this agreement during the preceding month. SUl; CO1' TIt ACTOR
will submit a Monthly DDA Services Report (ADSA) form for its billings.
(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 docuanenta Lion that shows the
COUNTY as the second payer of laast resort has not been provided. The 117aSI, rnust clearly docurarent
funding source per service for each service reimbursement requested.
(7) SLJB(_,ON TRACTOR will provide documentation of County service reiribursements along with
all other Rending sources pursued by SUBCONTRACTOR at the end ol'the set-vice 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.
PTSD Contract 2015 -2016
(8) Total reimbursements for the fiscal year of 2015 -2016 to SUBCONTRACTOR by COUNTY under
this contract shall not exceed $10,850.00 in completion of these services without express written
amendment signed by both parries to this Agreement. This total reimbursement includes any
amendment within the fiscal year of 2015 -2016.
MISCELLANEOUS
(1) Pursuant to WAC 275, DSHS Division of Developmental Disabilities (DDA) shall detennine
individual eligibility of persons for services delivered under this agreement. DDA shall notify
COUNTY of persons authorized for services reimbursed under this agreement. Only persons
referred to COUNTY by DDA shall be eligible for services reimbursed under this agreement. The
SU13CON "1`RACrTOR shalI not sublet or assign any of the services covered by this
AGR.E M ENT 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 SUBCO'NTIt.AC'FOR shall not sublet or assign any of the services covered by this
AGR] ENI bN'F 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
$1,000,000 each occurrence with the COUNTY named as an additional insured in
connection with the SUBCONTRACTOR'S performance of the contract.
(c) General Commercial Liability Insurance in an amount not less than a single limit of one
million dollars ($1,000,000.00) per occurrence and a aggregate of not less than two (2)
times the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death
and property damage, unless a greater amount is specified in the contract specifications.
The insurance coverage shall contain no limitations on the scope of the protection
provided and include the following minimum coverage:
(1) Broad Form Property Damage, with no employee exclusion;
(2) Personal Injury Liability, including extended bodily injury;
(3) Broad Form Contractual /Commercial Liability - including completed operations;
(4) Premises - Operations Liability (M &C);
PTSD Contract 2015 -2016
(5) Independent Contractors and
(0) Blanket Contractual Liability.
(5) All employees or subcontractors of SUBCONTRACTOR who are required to be professionally
certified � �e State � �e �� of services �� this shall ���
professional ' UahU�v insurance i' the amount of not less than one million dollars ($l,UOO,OOO). In
uo case shall such professional liability tn third parties he limited io any way.
(b) Proof of SDBC]NTRACT0R^membership in u self-insured risk pool for ooboo} districts
pursuant to chapter 48.h2RCW shall suffice if the applicable liability limits of said liability policy
exceed those listed here.
(7) It shall he the responsibility of the SUBCONTRACTOR to insure that any and all persons engaged
in the performance of any vock or service required of the SJBCON7RAC?OK umder this
/GR EMENT,mhu)\ comply with
the son/e iomumumce requirements that SUHC{]N1l�ACTOR
is required to meet.
(Q) Failure on the part of the SUBCONTRACTOR to ouiotuiu the insurance as required shall
constitute umaterial 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 orrenew such insurance and Pay any and all premiums in connection
dxorep/iib, with any mumuo so expended to be reputd to the COUNTY on demand, or at the sole
discretion of the COUNTY, off set against funds due the SUBCONTRACTOR from the COUNTY.
(9) All cost for insurance shall be considered incidental to and included in the unit contract pciueo and
no additional payment will hemade.
(|U) Excepting the Workers Compensation iuuuru000 and any pcoteauiouu) liability insurance oouun:d
` ' by the 8lJBC()N7RL}\CTO]I^ the COUNTY will he named on all uodifixotem of insurance as an
additional insured. The SUBCONTRACTOR obu|1 furnish the C{}lINIl, with verification of
insurance and endorsements required hy this AGREEMENT.
(11) All immumcou* obuJ\ be obtained from an inSUrmzceooupuuy umdzmr aed to do business in the State
of Washington. The 5[JBCONTIl/\CT{}B uba0 submit u verification of insurance aaoutlined
herein within l4 days of the execution uf this AGREEMENT to the COUNTY.
(12) The COUNTY will pay no progress puyouutu under Section C until the SUBCONTRACTOR has
fully complied with all insurance requirements listed bocciu. This remedy iu not exclusive; and the
COUNTY may take such other action as is available to 1boon under other ynnviuioou of this
AGREEMENT, or otherwise in law. The COUNTY may, upon the SUBCONTRACTOR'S failure
to comply with all poaYiuiouu of this contract relating to i000cunoe, withhold puyounut or
compensation that would otherwise be due to the SUBCONTRACTOR.
(13) Any coverage for third party liability c)uinoo provided to the COUNTY by u^liuk Pool" created
pursuant to Ch. 48' 62RCW shall houon'
uootributucy with respect to any policy of insurance, self-
insurance or joint self-insurance the 8JBC{NTUZACTOUz nnot prov id e to comply dub this
agreement.
PTSD Contract 2015-2016
(14) If the proof of insurance or certifiurt:c of coverage indicating the COUNTY is an "additional
insured" to a policy obtained by the SIMCON"f RACTOR. r -efers to an endorserrrent (by number or
name) but does not provide the full text of that endorsement, then it shall be the obligation of the
SUBCONTRACTOR 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.
(15) The COUNTY may, upon the SUBCONTRACTOR'S failure to comply with all provisions of this
contract relating to insurance, withhold payment or compensation that would otherwise be due to
the SUBCONTRACTOR.
(16) Nothing in the foregoing, insurance requirements shall prevent the COUNTY, at its option, fror-n
additionally requesting, drat the SUBCONTRACTOR deliver to the C0tJNTY an executed bond .
as security for the faithful performance of this contract and for payment of all obligations of the
SUBCONTRACTOR.
(17) 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.
(18) The SUBCONTRACTOR, by signature to this Agrreerncnt, certifies that the SUBCONTRACTOR
is not presently debarred, suspended, proposed for debarnient, declared ineligible, or voluntarily
excluded from partici1xiting in this Agreement or any Agreement by any Federal department or
agency. The SUBCONTI�A(..'TOR also agrees to include the above requirement to all srtbcontracts
into which it enters.
(19) The SUBCONTRACTOR 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, dem,,inds or suits at law or equity arising in
whole or in part, directly or indirectly, from the SUBCON'"fRACTOR'S negligence or breach of
any of its ol)ligations under this AGREEMENT; provided that nothing herein shall require a
SUBCONTRACTOR to indemnify the COUNTY against acrid hold harmless the COI1N 1 "Y from
claims, demands or suits based stalely capon the condawcl of the COUNTY, dicir 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 upoir such negligence, and/or (2) the costs to the CO(JN]"N' cal del "ending 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.
(20) Clairns 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.
(21) 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 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,
PTSD Contract 2015 -2016
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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.
(22) SUBCONTRACTOR shall not discriminate against any person presenting themselves for services
based on race, religion, color, sex, age or national origin.
(23) 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, Developmental Disabilities Administration 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.
(24) 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.
ADOPTED THIS day of 2015.
By: _.._
IT
David Sullivan, Chairman
Jefferson County Board of Commissioners
By: IT...
Port Townsend School Distri Superintendent
By: _.... ..._
Deputy /Clerk of the Board
AJITR Yl D AS TO ORM ONLY:
Jefferson COUNTY Prrosecut Attorney
PTSD Contract 2015 -2016
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FEE SCHEDULE
F"ariv hiterventioll ljnit of Service
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 (7) UNITS of EARLY INTERVENTION Service may be billed
on a monthly basis.
Not to exceed $10,850 in completion of services for the duration of the contract without
express written amendment.
PTSD Contract 2015 -2016
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