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HomeMy WebLinkAbout081417_ca01615 Sheridan Street Port Townsend, WA 98368 �e3tst�re www.JeffersonCountyPublicHecigb)i�'v6t Agenda PukaliC HOJuly 19, 2017 51 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROWN: Vicki Kirkpatrick, Director Anna McEnery, Developmental Disabilities Coordinator DATE: SUB]ECT: Agenda Item — Professional Services Agreement with ACE -IT Employment & Transition Services, LLC; July 1, 2017 — August 31, 2017; $2,880.00 STATEMENT OF ISSUE: Jefferson County Public Health requests Board approval of the Professional Services Agreement with ACE -IT Employment & Transition Services, LLC, to provide Individual Supported Employment Services for up to five transition students; July 1, 2017 — August 31, 2017; $2,880.00 ANALYSIS STRATEGIC GOALS PRO'S and CON'S: This is a two month contract between JCPH and ACE -IT Employment & Transition Services, LLC, to provide employment services that are tailored to individual needs, interests and abilities of students with developmental disabilities. These are individualized services necessary to help students with developmental disabilities obtain and continue integrated employment in the general workforce at or above the state's minimum wage and promote career development. This contract funds an Employment Specialist to provide the following Individual Supported Employment Services for up to five transition students with developmental disabilities: intake, assessment, job marketing & development, job placement, worksite job training coaching/supports, development of natural supports and social skills, career growth identification, workplace accommodations, transportation solutions, employer and co-worker training consulates, follow -along, evaluation, and record keeping. FISCAL IMPACT COST BENEFIT ANALYSIS: This funding for this two month contract is from the Olympic Community Action Program. RECOMMENDATION: JCPH management request approval of the Professional Services Agreement with ACE -IT Employment & Transition Services, LLC; July 1, 2017 — August 31, 2017; $2,880.00 REV y BY• e7 I ip Morley, o ty Admini� stmt 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 ACE -IT Agreement 2017 Page 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN JEFFERSON COUNTY AND ACE -IT Employment & Transition Services, LLC This agreement is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County" and ACE -IT hereinafter referred to as "the Subcontractor" in consideration of the mutual benefits, terms, and conditions hereinafter specified. Section 1. I)csitna(ion The County, on behalf of the Jefferson County Public Health, the Developmental Disabilities Program, acting in compliance under the Contract with ACE -IT 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. Obllip-ations (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 71A.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) SUBCONTRACTOR shall have written policies regarding sexual harassment and non- discrimination (said policies must guarantee human/civil rights); regarding a person's right to privacy, regarding safeguarding personal information and abuse of participants; regarding agency medication procedure; regarding respectful staff -to -participant interactions (i.e.: including a person's right to be treated with dignity and respect free of abuse). (4) 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. (5) 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 ACE -IT AgreEment 2017 Page 2 • 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 (6) SUBCONTRACTOR shall assure 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 that employs or is about to employ any of the above has financial or other interest in the client(s). (7) SUBCONTRACTOR shall have adequate staffing ratios and patterns to maintain quality and safety. (8) All services for persons with developmental disabilities must be provided with attention to their health and safety. SUBCONTRACTOR shall comply with all applicable federal, state and local fire, health, and safety regulations. (9) Current emergency contact and medical information (medications, diet, allergies, etc.) needed during the hours of service is readily available for each participant. (10) The COUNTY and all SUBCONTRACTORS are mandated reporters under RCW 74.34.020(11). All parties must comply with reporting requirements described in RCW 74.34.035, 040 and Chapter 26.44 and must adhere to DDA Policy, 6.08 Mandatory Reporting Requirements for Employment and Day Program Service Providers. All service provider employees, contractors, and volunteers are mandatory reporters and must report every incident of observed, reported, or suspected abuse, improper use of restraint, neglect, self-neglect, personal or financial exploitation, abandonment and/or mistreatment of clients. (11) COUNTY, will promptly report to DSHS per DDA Policy 5.13, Protection from Abuse.- M. buse:M. indatory Reporting, if: (1) They have reasonable cause to believe that abandonment, abuse, financial exploitation or neglect (as defined in RCW 74.34.020) of a person who has a developmental disability (as defined in RCW 7IA. 10.020) has occurred, and, (2) If they have reason to suspect that sexual or physical assault of such a person has occurred, they shall also immediately report to the appropriate law enforcement agency. (12) SUBCONTRACTOR is required to maintain the following minimum organizational capacity in order to meet the performance standards set forth in this agreement. Failure or inability of SUBCONTRACTOR to meet any or all of these minimum capacity requirements, as determined solely by COUNTY, may be cause for termination of this agreement as provided herein. (a) Confidentiality: SUBCONTRACTOR shall protect and maintain all Confidential Information gained by reason of the Program Agreement against unauthorized use, access, disclosure, modification or loss. This duty requires the COUNTY to employ reasonable security measures, which includes restricting access to Confidential Information by: ACE -IT Agreement 2017 Page 3 (1) Allowing access to staff that have an authorized business requirement to view the Confidential Information. (2) Physically securing any computers, documents, or other media containing Confidential Information. (3) When transporting six (6) to one hundred forty nine (149) records containing Confidential Information outside a Secure Area do one or more of the following as appropriate: (a) Use a trusted System (b) Encrypt the Confidential Information, including (i) Email and/or email attachments (ii) Confidential information when it is stored on portable devices or media including but not limited to laptop computers and flash memory devices. (b; Send Paper docuEnents containing Confidential Information via Trusted System. (1) To the extent allowed by law, at the end of the Program Agreement term, or when no longer needed, the parties shall return Confidential Information or certify in writing the destruction of Confidential Information upon written request by the other party. (2) Paper documents with Confidential Information may be recycled through a contracted firm, provided the contract with the recycler specifies that the confidentiality of information will be protected and the information destroyed through the recycling process. Paper documents containing Confidential Information requiring special handling (e.g. protected health information) must be destroyed through shredding, pulping, or incineration. (3) The compromise or potential compromise of Confidential Information must be reported to the County Coordinator within one (1) business day of discovery for breaches of less than one hundred fifty (150) persons' protected data. The parties must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law. (c) Financial and Program Management: SUBCONTRACTOR will maintain an administrative/organizational structure that clearly defines responsibilities; systems and personnel to maintain accounting records that accurately reflect all program revenues and expenditures; prepare monthly statements of activity maintain appropriate client service records and progress reports; and track key program performance indicators. (d) Particilants: SUBCONTRACTOR has a commitment to support integration of individuals with developmental disabilities with people who are not disabled and has involved participants with developmental disabilities in policy development. (e) Partnerships: SUBCONTRACTOR has a history of working cooperatively with community-based organizations including Employers, other Agencies, the COUNTY DD Program, the Division of Vocational Rehabilitation (DVR), and the Schools. (f) Internal Control S sterns: SUBCONTRACTOR has sufficient policies and procedures for establishment and maintenance of adequate internal control systems. SUBCONTRACTOR will maintain written policy procedural manuals for information systems, personnel, and accounting/finance in sufficient detail such that operations can continue should staffing change or prolonged absences occur. (g) Qualified Staff. SUBCONTRACTOR will provide adequate, qualified staff with skills and experience in evaluation, training, supervision, counseling and support of adults with developmental disabilities who are earning wages, per the attached Statement of Work. SUBCONTRACTOR will assure that all direct service staff are trained, and that training is documented. SUBCONTRACTOR will provide COUNTY with information regarding staff qualifications upon request. ACE -IT Agret ment 2017 Page 4 Section 3. Terms This agreement shall commence on July 1, 2017 and continue through August 31, 2017 unless terminated as provided herein. The agreement may be extended beyond August 31, 2017 upon mutual consent of the County and the Subcontractor. Section 4. Scone of Agrceinent 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 billing as detailed in Section 10. Section 5. 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 $33.00 an hour for consulting and technical assistance. B. Payment for work not to exceed $2,880.00 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 July 1, 2017 and continue through August 31, 2017. 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. ACE -IT Agreement 2017 Page 5 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 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 6. ConivIiance 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 7. 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 8. 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 ACE -IT 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: ACE -IT Agreement 2017 Page 6 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. 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 .he 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 Co.:ntractor 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. I. 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 9: 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. ACE -IT Agreement 2017 Page 7 Section 10. 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 11, Assignments and Subcontraeti The Subcontractor may sublet or assign any of the services covered by this agreement but only with the express written consent of the County. Section 12. Billie The Subcontractor will provide electronic & hard copies of any reports and an original invoice for billing to the County as identified in Exhibit A. The monthly invoice (with an original signature), 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 13. 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: 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 14. This employment agreement may be modified at any time by written agreement of all parties ACE -IT Agreement 2017 Page 8 Section 15. Integrated Aureenient '['his 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 p€irties. This agreement may be amended only by written instrument signed by both County and Subcontractor. Approved this day of 2017. BOARD OF COUNTY COMMISSIONERS JEFFERSON COUNTY, WASHINGTON Kathleen Kler, Chairperson (Subcontractor) DATE ATTEST: Deputy/Clerk of the Board APPROVED AS TO FORM ONLY: By: �- C- Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney ACE -IT Agreement 2017 Page 9 EXHIBIT A STATEMENT OF WORK ACE -IT Employment & Transition Services, LLC Subcontractor will provide "Individual Supported Employment" Services, which are a part of an individual's pathway to competitive employment. II. PROGRAM DESCRIPTION A. Tasks 1. Provide employment services that are tailored to individual needs, interests, and abilities of students with developmental disabilities. These are individualized services necessary to help persons with developmental disabilities obtain and continue integrated employment in the general workforce at or above the state's minimum wage and promote career development. B. Requirements 1. Provide the following employment services; intake, assessment, job marketing & development, job placement, job replacement, worksite job training coaching/supports, development of natural supports and social skills, career growth identification, workplace accommodations, transportation solutions, employer and co-worker training consulates, follow -along, evaluation and record keeping for up to five transition students with developmental disabilities. 2. Meet with the DD Coordinator on a monthly basis. C. Reporting 1. Maintain case files to include case notes and reports (that incorporate weekly, monthly, and semi-annual goals) for each transition student. 2. Provide electronic copies of documentation/reports to transition students with developmental disabilities and their families, DDA Case Resource Managers, School Districts 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 The Subcontractor shall provide Services, as defined in Tasks, Section II.A above. 3. The Subcontractor will adhere to the Requirements, as defined in Tasks, Section II.B above. 4. The Subcontractor will adhere to the Reporting, as defined in Tasks, Section II.0 above. 5. The Subcontractor will adhere to Billing, as defined in Tasks, Section II.D above.