HomeMy WebLinkAbout111615_ca02�N
615 Sheridan Street
Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
NiC Consent Agenda
August 21, 2014
JEFFERSON COUNT"
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Jean Baldwin, Director
DATE: �l l 2 -
SUBJECT:
Agenda Item — Professional Services Agreement with Chimacum School
District for Birth to 3 Years Program; September 18, 2015 —
June 30, 2016; $4,650
STATEMENT OF ISSUE:
Jefferson County Public Health, Developmental Disabilities Division, requests Board approval of the
Professional Services Agreement with Chimacum School District for Birth to 3 Years Program;
September 18, 2015 — June 30, 2016; $4,650
ANALY"S SSTRAT'EGIC GOALS PRO'S and CON'S:
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 and 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 ineet 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 IMPACT COST BENEFIT 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.
RECOMMEND ITIOi :
JCPH management request approval of the Professional Services Agreement with Chimacum School District
for Birth to 3 Years Program; September18, 2015 — June 30, 2016; $4,650
RE ,I. W D BY
P Morle �, , unty Administrator Date
Community Health Environmental Health
Developmental Disabilities Water Quality
360-385-9400 360-389-9444
360-385-9401 (f) Always working for a safer and healthier community (f) 360-379-4487
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
(.1iiinacuiriSchool District (S (J BCONTRACTO R) for provision of educational and therapeutic services for
Jefferson County children age birth to three years and their Iamilies. The term of this agreement 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 I'ainily Service Plans (IFS11) developed in collaboration with thefiandly and other
providers. SUBCONTRAc'rOR and the fainily will write the I[,Slljointly on approved fornis.
1 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.
CHIMACUM SCHOOL DISTRICT 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 infon-nation 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, pjjj-,Iiant to RCW 43.43.830-845,
R.CW 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 State during the last three years, and who will or may have
unsupervised access to a vulnerable person with a devc1lopmental disability in the course of his or her
employment,, or hwolveinent with the business or organization, must have an F.B.I. Fingerprint Check
before they have unsuperviscd access and betbre prospective employer begins working. "I"he DSHS
Background Check Central Unit (BCCU) must be utilized to obtain background clearance.
5) SUBCONTRACTOR is required to repeat the background/criminal history clearance for all
employees or volunteers who will or may have tjjjsup(.�rvised access to a vulnerable person with a
developmental disability in the course of his or her employinent, or involvementwith the business or
organization, every three years. The DSHS Backgrotind Cheek Central Unit (BC (J) must be
utilized to obtain background clearance in accordance with RCW 43,43,830-845, RCW 74.15,030
and Chapter 388-06 WAC.
6) SUBCONTRACTOR shall comply, ,is mandated reporters under RCW 7434,020 (11), with all state,
and federal requirements under I�CW 7/4,34.035,.040 Abuse and neglect of Vulnerable Adults; RCW
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.
CHIMACUM SCHOOL DISTRICT Contract 2015-2016
7) SUBCONTRACTOR shall comply with the following Developmental Disabilities Administration,
(DDA) Policies that apply: 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 Guidelines.
8) SUBCONTRACTOR shall have written policies regarding; sexual harassment and non-
discrimination (said policies must guarantee human/civil 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).
9) SUBC:ONTRA(`TOIZ shall assure that participants in accordance witli Necessary Supplemental
Accommodation (NSA), Policy 5.02 have been irilormed 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.
l 0) SUBCONTRACTOR 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, DDA Policy 5.02,
• prohibits retaliation for using the grievance process,
• includes a non -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 (a DDA Case Resource Manager may be included as an alternative
option) &
• includes a process for tracking and reporting grievances.
11) 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.
12) SUBCONTRACTOR will encourage participant involvement in policy development.
13) 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).
CHIMACUM SCHOOL DISTRICT Contract 2015-2016
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 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.
15) SUBCONTRACTOR AC=°TOR is required to maiaataita the followinganitaimuan organi ittional capacity in order
to meet the performance standards set forth in this agreement:. I°aihrre or usability of
SUBC"ON'l""RihCTOR to meet any or all ofthese ininiinuni capacity requirements, as dclet•inilied
solely by COUNTY, may be cause for termination of this agreement as provided herein.
(a) G ataltfied Start. 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) Per ori-l'da,n e Pla�am;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) l'"_ ic,,l ants. 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) !Ltttnul�irilas: St.113CONTR. CTOR has a history of working cooperatively with community--
based otgataizations including, othe • Agencies, 1°;arly Support fbi— Infants and Todd'lcas (ES1T)
the Lead Agency for E' SIT, the C.ou�nty D Program, t:he Dove] opmental Disabilities
Administration and other School Districts.
CHIMACUM SCHOOL DISTRICT Contract 2015-2016
(e) F rnanekil andw.jlrogr a!ji MLana cij)u,ij' 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 perfonnance indicators.
16) All services for infants and toddlers witli developmental disabilities must be provided with attention
to their healt.hand safety. SUBCONTRAl;""1*�C:�R shall comply with all applicable Inderal, state and
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:
a) To the child and family in a timely 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 need) 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.
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 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.
CHIMACUM SCHOOL DISTRICT Contract 2015-2016
18) 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/DDA 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 10 days to the County
Coordinator. The report to the County Coordinator may be submitted by email, facsimile
(FAX) to (360) 385-9401 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/DDA Policy 12.01
Incident Management.
19) 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.
20) 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.
21) 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.
22) The COUNTY shall monitor services delivered and conduct at least one on-site visit with
SUBCONTRACTOR during the biennium to assure compliance with the DDA State Work Order.
23) 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.
24) 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.
CHIMACUM SCHOOL DISTRICT Contract 2015-2016
(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. REIMBURSEMENTS
For said services rendered under this agreement, COUNTY shall reimburse SUBCONTRACTOR on
a unit rate basis, as follows:
(1) I Ady111tervention Services SUBCONTRACTOR will be paid per MONTHLY Unit assigned
Service Responsibility of regular Progran Service provided to eligible clients on a fbe-foo -service
basis accordhig to Attachment 1, Fee Schedule. Reimbursement to SUBCON"I'R.AC"FOR by
COUNTY will be the net amount of the applicable fee per Attachment 1, less any amounts received
fi°om 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 Authori/ation 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 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 documentation that shows the
COUNTY as the second payer of last resort has not been provided. The Il^"SP n1USt 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 2015-2016 to SUBCONTRACTOR by COUNTY under
this contract shall not exceed $4,650.00 in completion of these services without express written
CHIMACUM SCHOOL DISTRICT Contract 2015-2016
amendment signed by both parties 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 determine
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
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
$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 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);
(5) Independent Contractors and Subcontractors;
(6) Blanket Contractual Liability.
CHIMACUM SCHOOL DISTRICT Contract 2015-2016
(5) All employees or subcontractors of SUBCONTRACTOR who are required to be professionally
certified by the State in the performance of services under 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) It shall be the responsibility of the SUBCONTRACTOR to insure that any and all persons engaged
in the perlaaranaace of any work or service required of the SUBCONTIZAC 1"OR under this
AGRIEMENT, shall comply with the saane insurance requirements that SUBCONTRACTOR
is required to meet.
(8) 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 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 prices and
no additional payment will be made.
(10) 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.
(11) 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 all insurance requirements listed herein. 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. 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.
(13) Any coverage for third party liability claims provided to the COUNTY by a "Risk Pool" created
pursuant too Ch. 48.62 RCW shall be non-contributory with respect to any policy of insurance, self-
insurance or joint sell insurance the SIMCONTR.ACTOR must provide to comply with this
agreement.
(14) If the proof of insurance or certificate of coverage indicating the COUNTY is an "additional
insured" to a policy obtained by the SUBCONTRACTOR rel'ers to an endow scinent (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.
CHIMACUM SCHOOL DISTRICT Contract 2015-2016
(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, 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.
(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 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.
(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, 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.
(20) 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.
(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,
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.
CHIMACUM SCHOOL DISTRICT Contract 2015-2016
10
(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.
, Chairman
Jefferson County Board of Commissioners
Chimacum Scho( District Superintendent
Deputy/Clerk of the Board
APPROVED AS TO FORM ONLY::
By.
Jefferson COUNTY T"roseci ig Att: `ney
CHIMACUM SCHOOL DISTRICT Contract 2015-2016
11
ATTACHMENT 1
FEE SCHEDULE
Earl Intervention Unit of Service
L 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 (3) UNITS of EARLY INTERVENTION Service may be billed
on a monthly basis.
Not to exceed $4,650 in completion of services for the duration of the contract without
express written amendment.
CHIMACUM SCHOOL DISTRICT Contract 2015-2016
12