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HomeMy WebLinkAboutOlympic Educational Service District 114 (OESD 114) - 082916o y i R i��ff� NO CONTRACT BETWEEN O YMPIC EDUCATIONAL SERVICE DISTRICT 114 H START/ECEAP/EARLY HEAD START PROGRAMS (hereafter referred to as OESD 114) AND Jefferson County Public Health (hereafter referred to as Contractor) 615 Sheridan Port Townsend, WA 98368 (street address) (city - state - zip) This contract is for the purpose of providing Public Health Nurse Consultation services specific to infant and toddler health and safety to licensed childcare providers participating in the Departments of Early Learning's Regional Interdisciplinary Infant Toddler Childcare Consultation Services project. Parties agree to abide by the terms and conditions set out in the Provisions and Responsibilities, which are incorporated by this reference. GENERAL PROVISIONS Effective Dates This contract start date is August 15, 2016 or the date of execution by both parties (whichever is later) and remains in effect until June 30, 2017. Contract and Director Representatives OESD 114 and the Contractor will each have a Contract Representative and a Director Representative. A party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: Contract Representative for Contractor is: Julia Danskin, Public Health Manager, Jefferson County Public Health, 615 Sheridan, Port Townsend, WA 98368. Phone: (360) 385-9420. Director Representative for Contractor is: See Contract Representative above. Contract Representative for OESD 114 is: Regional Coalition Program Manager, 105 National Avenue N, Bremerton, WA 98312, Phone: (360) 478-6856. Director Representative for OESD 114 is: Kristen Sheridan, Director of Early Learning, 105 National Avenue N, Bremerton, WA 98312, Phone: (360) 405-5842, Fax (360) 405-5808. Billing and Payment The contract amount is not to exceed $600.00. (The hourly reimbursement rate is $80.00. The mileage reimbursement is $0.54 per mile.) Billing shall be done monthly with a final bill submitted by July 31, 2017. OESD 114 billing address is: Olympic ESD 114, Accounts Payable, 105 National Avenue N, Bremerton, WA 98312 or acctspayable@oesd.wednet.edu. The Contractor will be paid for all agreed upon expenses expressly authorized in the Contract. The Contractor will not be entitled to payment for any services that were perfonned prior to the effective date of the Contract or after its termination. Source of Funding Reimbursement for Head Start and Early Head Start is subject to funding from the Department of Health and Human Services (DHHS), Administration for Children and Families, Office of Head Start. Funding from DHHS may be reduced or suspended by DHHS. The Catalogue of Domestic Assistance (CFDA) number for federal funds is 93.600. ECEAP funds are state funds and not subject to federal requirements. The project funds include federal funds (CFDA 93.575) that are subject to funding from DHHS and state funds that are not subject to federal requirements. Use of Federal Funds The Contractor shall certify that no federal funds payable under this contract will be paid by or on behalf of the Contractor, to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, an officer or employee of Congress, or an employee of Member of Congress in connection with the awarding of a federal contract, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative contract. Independent Contractor The Contractor's services will be furnished by the Contractor as an independent contractor and not as an employee or agent of OESD 114. Termination Either party may terminate this Contract in whole or in part with 30 days written notice to the other party. In that event, the OESD 114 will pay the Contractor for all such costs incurred by the Contractor in performing the Contract up to the date of such notice, subject to the other provisions of the Contract. If funding for the underlying project is withdrawn, reduced or limited in any way after the Contract is signed, OESD 114 may summarily terminate the Contract. If for any reason, either party does not fulfill in a timely and proper manner its obligations under this Contract, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Contract may be tenninated immediately by written notice of the aggrieved party to the other. Amendments and Changes in Work In order to be effective, any contract renewal, amendment or modification must be in writing and signed by both parties. Work under an amendment or modification may not commence until the contract renewal, amendment or modification has been approved by OESD 114. Indemnification Each party agrees to hold harmless, defend and indemnify the other party and its elected and appointed officials, officers, employees and agents against all claims, losses, damages, suits and expenses, including reasonable attorneys' fees and costs, to the extent they arise out of, or result from, the negligence or willful misconduct of the indemnitor or its elected or appointed officials, officers, employees and agents in the performance of this Contract. The indemnitor's duty to defend and indemnify extends to claims by the elected or appointed officials, officers, employees or agents of the indemnitor or of any contractor or subcontractor of indemnitor. The indemnitor waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington solely for the purposes of this provision and acknowledges that this waiver was mutually negotiated. This provision will survive the termination of this Contract. Records Maintenance and Ownership The Contractor shall maintain and/or submit records as described in Contractor Responsibilities. OESD 114 shall retain ownership of all family and child records including attendance records, monitoring forms, lesson plans, individual learning plans, completed assessments and other reports. Equipment Ownership Title to equipment and supplies acquired under this Contract shall vest, upon acquisition, in the Contractor except for loaned equipment. Audits An annual audit shall be required for all public entities receiving program funds awarded under this Contract. The audit shall be conducted by the Office of State Auditor, or an independent Certified Public Accounting firm selected by the Contractor. The Contractor shall be responsible for any audit exceptions incurred by its own organization. Governance This Contract is governed by all applicable state or federal laws. The provisions of this Contract shall conform to those laws. In the event of an inconsistency in the tenns of this Contract, the inconsistency shall be resolved by giving precedence in the following order: a.. applicable state and federal statutes and rules; b. statement of Contractor and OESD 114 responsibilities; and c. any other provisions of the Contract. Assignment The Contractor will perform under the Contract using only its employees or agents. The obligations and duties of the Contractor under the Contract will not be assigned, delegated or subcontracted to any other person or firm without the prior written consent of OESD 114. Severability If any provision of this Contract shall be held invalid by a court, such invalidity shall not affect the other provisions of the Contract. If any provision of the Contract conflicts with any applicable law, the provision will be deemed inoperative to the extent it does not confirm to statutory requirements. All Writings Contained Herein This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. Disputes In the event that a dispute arises under this Contract, the Contract Representative for each party shall first attempt to resolve the dispute in the following manner: review the facts, contract terms and applicable statutes and rules and make a determination of the dispute. If a determination acceptable to both parties is not made, the dispute will be referred to the Director Representatives to resolve. If a detennination acceptable to both parties is not made, the Director Representatives shall mutually select an arbitrator to assist in seeking a determination. The arbitrator's detennination shall be final and binding on the parties hereto. Insurance The Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. The insurance coverage will be at least 2 million dollars per occurrence for commercial general liability and automobile liability. Above insurance will be primary to all other applicable coverage. The Contractor will provide OESD 114 with a certificate of insurance evidencing coverage and naming OESD 114 as an additional insured for commercial general liability insurance. Statutory and Regulatory Compliance The Contractor shall comply with all applicable federal, state, and local laws, ordinances, rules, regulations, guideline and standards applicable to any service provided pursuant to this Contract. Nondiscrimination The parties hereto shall not discriminate against anyone in providing services under this Contract on the grounds of race, color, sex, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans' statutes, or the presence of any sensory, mental or physical handicap. Americans with Disabilities Act OESD agrees to comply with all provisions of the Americans with Disabilities Act and all regulations interpreting or enforcing such act. Dry Free Workplace The Contractor will maintain a drug-free work place. Confidentiality The Contractor and its employees will maintain the confidentiality of all information provided by OESD 114 or acquired by the Contractor in performance of the Contract, except upon the prior written consent of OESD 114 or when disclosure is required or authorized by law or is required in the course of audit. The Contractor will promptly notify OESD 114 in the event the Contractor receives a demand or request for such information. Choice of Law, Jurisdiction and Venue Any action at law or other judicial proceeding arising out of the Contract will be instituted and maintained only in a court in Kitsap County, Washington. Notices Any notices will be in writing and delivered to the contract representative in person or by regular mail and will become effective upon the date of receipt. Appendix A The Certification Regarding Debarment, Suspension and Other Responsibility Matters -Primary Covered Transactions and Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions (to be supplied to lower tier participants) form is incorporated into this Contract. CONTRACTOR RESPONSIBILITIES Provide Nurse Consultation site visits in Jefferson County. Communicate with Educational Consultant prior to all site visits. Contact childcare provider within 7 days of receiving the site visit referral form. Complete site visit within 8 weeks of receiving the site visit referral fon-n. Provide OESD 114 Contract Representative and childcare provider a copy of the site visit form within 7 days of site visit. Help childcare provider identify/locate important health information to distribute to families. Provide information on or refer to other services offered by Jefferson County Public Health. Partner with Educational Consultant to ensure open communication and that all provided services are consistent. OESD 114 RESPONSIBILITIES 1. Educational Consultant will submit site visit referral form to the Public Health Nurse. 2. Partner with Public Health Nurse to ensure open communication and that all provided services are consistent. CONTRACTOR Who certifies that he/she is the person duly qualified and authorized to bind the Contractor so identified to the foregoing Contract. Signed this day day ofd �t•�` L�. 20 J' Contractor Signature CC Business name,'if different fro Check appropriate box: ❑ Individual/Sole Proprietor ❑ Corporation ❑ Partnership ❑ Limited Liability Company ❑ Other PIC E CATI� GreJ. Ly ch, S e Signed this da f OESD 114 USE ONLY ;=I�i- 15K ART T Hfa SERVICE DISTRICT 114 20� DATE DIVISIO EAD DATE APPENDIX A CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS — PRIMARY COVERED TRANSACTIONS By signing and submitting this contract, the contractor, defined as the primary participant in accordance with 45 CFR 76 certifies to the best of his or her knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for debannent, declared ineligible or voluntarily excluded from covered transaction by any Federal Department or agency; (b) Have not within a 3 -year period preceding this proposal been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction: violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property; (c) Are not presently or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) Have not within a 3 -year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. The inability of a person to provide the certification required above will not necessarily result in denial of participation in this Contract. If necessary, the prospective participant shall submit an explanation of why it cannot provide the certification. OESD and the Federal agency will determine whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. The prospective primary participant agrees that by submitting this proposal, it will include the clause entitled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided below without modification in all lower tier covered transactions. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER TIER COVERED TRANSACTIONS (TO BE SUPPLIED TO LOWER TIER PARTICIPANTS) By signing and submitting this lower tier proposal, the prospective lower tier participant, as defined in 45 CFR, Part 76, certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency. (b) Where the prospective lower tier participant is unable to certify to any of the above, such prospective participant shall attach an explanation to this proposal. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause entitled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCauntPub�cHealth.org onse Agen a July 28, 2016 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS TO: FROM: DATE: SUBJECT: AGENDA REQUEST Board of County Commissioners Philip Morley, County Administrator Vicki Kirkpatrick, Director Julia Danskin, Public Health II Z.00 ita Agenda Item — Olympic Educational Service District 114 (OESD 114) Infant Toddler Consultation Project; August 15, 2016-3une 30, 2017; $600.00 STATEMENT OF ISSUE: Jefferson County Public Health (JCPH) requests Board approval of the OESD 114 Infant Toddler Consultation Project; August 15, 2016 — June 30, 2017; $600.00 ANALYSIS/ STRATEGIC GOALS/PRO'S and CON'S: OESD 114 contracts JCPH to provide nurse consultation services specific to infant and toddler health and safety to licensed childcare by making site visits for the purpose of supporting childcare providers in communicating health services information within Jefferson County. FISCAL IMPACT/COST BENEFIT ANALYSIS: This contract provides $600.00 for consultation services. The source of funding, through OESD 114, is Head Start and Early Head Start funding, which comes from the Department of Health and Human Services. RECOMMENDATION: JCPH management request approval of OESD 114 Infant Toddler Consultation Project; August 15, 2016 — June 30, 2017; $600.00. Community Health Developmental Disabilities 360-385-9400 360-385-9401 (f) Date Always working for a safer and healthier community Environmental Health Water Quality 360-385-9444 (f) 360-379-4487 CONTRACT WITH: OESD 114 ( /q -7 615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org CONTRACT REVIEW FORM CONTRACT FOR: Infant Toddler Childcare Consultation Proiect N-16-601 JUL 2 9 2016 11IFFERSONrev TERM: August 15, 2016 - Jdne30® COUNTY DEPARTMENT: Jefferson County Public Health; rte, r s RIECE For More Information Contact: Julia Danskin Contact Phone #: X420; ' 201�i A�� RETURN TO: Denise Banker RETURN BY: ASAP JEFFERS' ,_ P R0BEt>JT,.NGA Int-, AMOUNT: Revenue: $600.00 Expenditure: Matching Funds Required: Source(s) of Matching Funds: Step 1 X APPROVED FORM Comments: REVIEW BY RISK Review by: Date Reviewed: PROCESS: ❑ Exempt from Bid Process ❑ Consultant Selection Process ❑ Cooperative Purchase ❑ Competitive Sealed Bid ❑ Small Work Roster ❑ Vendor List Bid ❑ RFP or RFQ El Other: JCPH to provide nurse consultation Returned for 7 (See Comments) Step 2: REVIEW BY PROSECUTING ATT Review by: / = Date Reviewed: APPROVED AS TO FORM Returned for revision (See Comments) Comm nts: (This form to stay with contract throughout the contract review process) 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