HomeMy WebLinkAbout081919_ca02615 Sheridan Street
Port Townsend, WA 98368
�etnson www.JeffersonCountyPublicHealth.org
Consent Agenda
is Healt August 5, 2019
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Vicki Kirkpatrick, Director
DATE: Li) 19, :>0 1 C3
SUBJECT: Agenda Item — Contract Agreement with Public Health of King County
for Breast Cervical & Colon Health Program Services; June 30, 2019 —
June 29, 2020; $1,400
STATEMENT OF ISSUE:
Jefferson County Public Health, Community Health, requests Board approval of the Contract Agreement with
Public Health of King County for Breast Cervical & Colon Health Program Services; June 30, 2019 —
June 29, 2020; $1,400
ANALYSIS/ STRATEGIC GOALS/PRO'S and CON'S:
This is an ongoing agreement between Jefferson County and Public Health Seattle & King County to provide
Breast and Cervical Health Care (screening & referral services), to uninsured or underinsured women.
Services are available to eligible clients to pay for preventive services such as health exams, mammograms
and pap tests. This includes breast screening and annual exams for women age 40-64 with incomes at or
below 250% of Federal Poverty Level and mammography and breast diagnostics available to women below
300% of FPL. These services will also be available to women who may not be eligible for apple Health
(Medicaid). This contract provides for colon health services to certain counties that contract with Public
Health of Seattle & King County, Jefferson County is not one of those counties. JCPH will continue to do
outreach.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
The agreement provides $1,400 in State and Federal funding. No general fund dollars support this program.
RECOMMENDATION:
JCPH management request approval of the Contract Agreement with Public Health of King County for Breast
Cervical & Colon Health Program Services; June 30, 2019 — June 29, 2020; $1,400
REVIEWED BY:
Cd6nty Administrator
A*ComZity Health
Developmental Disabilities
360-385-9400
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Date
360-385-9401 (f) Always working for a safer and healthier community
Environmental Public Health
360-385-9444
(f) 360-379-4487
Approved as to Form: OFFICE OF THE KING COUNT Y VKQtiEW I INU A I I UKNtY
(This form is available in alternate formats for people with disabilities upon request.)
Approved s fonly:
C. g % '
Date:
hilip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney
Jefferson County Prosecuting Attorney's Office
Public Health PHSKC Contract #
FEDERAL COMMUNITY
Seattle & King County SERVICES CONTRACT 4507 CDIP
This Contract is between King County and the Contractor identified below. The County department
overseeing the work to be performed in this Contract is the Department of Public Health (PHSKC).
CONTRACTOR NAME CONTRACTOR FEDERAL TAX ID #
Jefferson County Public Health 91-6001322
CONTRACTOR ADDRESS CONTRACTOR CONTACT & EMAIL ADDRESS
615 Sheridan, Port Townsend, WA 98368 Julia Danskin; jdanskin@co.jefferson.wa.us
PHSKC DIVISION PROJECT TITLE
CDIP BCCHP Clinical Services
I CONTRACT START DATE CONTRACT END DATE INITIAL AUTHORIZED AMOUNT
Jun 30 2019 Jun 29 2020 $1,400.00
PHSKC may, upon availability of additional funding or at its discretion, increase or decrease the Authorized Amount by issuing an Order
Form such that the Total Authorized Amount does not exceed $2,800.00.
FUNDING DETAILS
Funding Source PHSKC Contract # Amount Effective Dates
HHS, CDC, Cancer Prevention and 2746 ODIR $2,800.00 Jun 30 2019 TO Jun 29 2020
Control Programs for State, Territorial
and Tribal Organizations CFDA 93.898
FUNDING SUMMARY
FEDERAL: $2,800.00 COUNTY: $0.00 STATE: $0.00 OTHER: $0.00
The Contractor is NOT considered a subrecipient for purposes of this Contract.
EXHIBITS. The following Exhibits are attached and are incorporated into this Contract by reference:
Exhibit A -Scope of Work; Exhibit B -Budget; Exhibit C -Invoice; Exhibit D -Order Form.
In consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the
parties hereto, the parties mutually agree that the Contractor shall provide services and comply with the requirements
set forth in this Contract, which consists of Part A -King County Terms and Conditions, Part B -Federal Terms and
Conditions, and attached exhibits, each of which are made a part hereof by reference above. Furthermore, the
Contractor certifies that it has read and agrees to comply with the Contract requirements on the PHSKC website
(hftp://www.kingcounty.gov/depts/health/partnerships/contracts.aspx), including EEO/Nondiscrimination, HIPAA,
Insurance, and Credentialing, as applicable.
CONTRACTOR SIGNATURE
PRINTED NAME AND TITLE
DATE SIGNED
Kate Dean, Chair
Jefferson Co. Board of Commissioners
PHSKC SIGNATURE
PRINTED NAME AND TITLE
DATE SIGNED
Approved as to Form: OFFICE OF THE KING COUNT Y VKQtiEW I INU A I I UKNtY
(This form is available in alternate formats for people with disabilities upon request.)
Approved s fonly:
C. g % '
Date:
hilip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney
Jefferson County Prosecuting Attorney's Office
PART A. KING COUNTY TERMS AND CONDITIONS
Contract Term and Termination
A. This Contract shall commence on the Contract Start Date and shall terminate on the Contract
End Date as specified on page 1 of this Contract, unless extended or terminated earlier,
pursuant to the terms and conditions of the Contract.
B. This Contract may be terminated by the County or the Contractor without cause, in whole or in
part, prior to the Contract End Date, by providing the other party thirty (30) days advance
written notice of the termination. The Contract may be suspended by the County without
cause, in whole or in part, prior to the date specified in Subsection 1.A. above, by providing
the Contractor thirty (30) days advance written notice of the suspension.
C. The County may terminate or suspend this Contract, in whole or in part, upon seven (7) days
advance written notice in the event: (1) the Contractor materially breaches any duty,
obligation, or service required pursuant to this Contract, or (2) the duties, obligations, or
services required herein become impossible, illegal, or not feasible. If the Contract is
terminated by the County pursuant to this Subsection 1.C. (1), the Contractor shall be liable
for damages, including any additional costs of procurement of similar services from another
source.
If the termination results from acts or omissions of the Contractor, including but not limited to
misappropriation, nonperformance of required services, or fiscal mismanagement, the
Contractor shall return to the County immediately any funds, misappropriated or unexpended,
which have been paid to the Contractor by the County.
D. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior
to the termination date set forth above in Subsection 1.A., the County may, upon written
notification to the Contractor, terminate or suspend this Contract in whole or in part.
If the Contract is terminated or suspended as provided in this Section: (1) the County will be
liable only for payment in accordance with the terms of this Contract for services rendered
prior to the effective date of termination or suspension; and (2) in the case of termination the
Contractor shall be released from any obligation to provide such further services pursuant to
the Contract ; and (3) in the case of suspension the Contractor shall be released from any
obligation to provide services during the period of suspension and until such time as the
County provides written authorization to resume services.
Funding or obligation under this Contract beyond the current appropriation year is conditional
upon appropriation by the County Council of sufficient funds to support the activities described
in the Contract. Should such appropriation not be approved, this Contract will terminate at the
close of the current appropriation year.
E. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or
law that either party may have in the event that the obligations, terms, and conditions set forth
in this Contract are breached by the other party.
2. Compensation and Method of Payment
A. The County shall reimburse the Contractor for satisfactory completion of the services and
requirements specified in this Contract, payable upon receipt and approval by the County of a
signed invoice in substantially the form of the attached Invoice Exhibit, which complies with
the rates set forth in the Budget Exhibit. The maximum amount payable under this Contract is
listed on page 1, subject to the amount approved by King County on an Order Form. The
Contractor shall not be reimbursed in excess of the amount listed on the Order Form. Such
Order Form will be substantially in the form of Exhibit D.
B. The Contractor shall submit an invoice and all accompanying reports as specified in the
attached exhibits not more than 15 working days after the close of each indicated reporting
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period. The County shall make payment to the Contractor not more than 30 days after a
complete and accurate invoice is received.
C. The Contractor shall submit its final invoice and all outstanding reports within 30 days of the
date this Contract terminates. If the Contractor's final invoice and reports are not submitted by
the day specified in this subsection, the County will be relieved of all liability for payment to the
Contractor of the amounts set forth in said invoice or any subsequent invoice.
D. If the signature date of this Contract occurs after the Start Date listed on page 1, the
Contractor may seek compensation for activities performed as of the Start Date, provided that
such activities and expenses are identified in the Scope of Work and Budget and that such
compensation is compliant with all other terms of this Contract.
E. When a budget is attached hereto as an exhibit, the Contractor shall apply the funds received
from the County under this Contract in accordance with said budget. The Contract may
contain separate budgets for separate program components. The Contractor shall request
prior approval from the County for an amendment to this Contract when the cumulative
amount of transfers among the budget categories is expected to exceed 10% of the Contract
amount in any Contract budget. Supporting documents necessary to explain fully the nature
and purpose of the amendment must accompany each request for an amendment.
Cumulative transfers between budget categories of 10% or less need not be incorporated by
written amendment; however, the County must be informed immediately in writing of each
such change.
F. Should, in the sole discretion of the County, the Contractor not timely expend funds allocated
under this Contract, the County may recapture and reprogram any such under -expenditures
unilaterally and without the need for further amendment of this Contract. The County may
unilaterally make changes to the funding source without the need for an amendment. The
Contractor shall be notified in writing of any changes in the fund source or the recapturing or
reprograming of under expenditures.
G. If travel costs are contained in the attached budget, reimbursement of Contractor travel,
lodging, and meal expenses are limited to the eligible costs based on the following rates and
criteria.
1. The mileage rate allowed by King County shall not exceed the current Internal
Revenue Service (IRS) rates per mile as allowed for business related travel. The IRS
mileage rate shall be paid for the operation, maintenance and depreciation of
individually owned vehicles for that time which the vehicle is used during work hours.
Parking shall be the actual cost. When rental vehicles are authorized, government
rates shall be requested. If the Contractor does not request government rates, the
Contractor shall be personally responsible for the difference. Please reference the
federal web site for current rates: http://www.gsa.gov.
2. Reimbursement for meals shall be limited to the per diem rates established by federal
travel requisitions for the host city in the Code of Federal Regulations, 41 CFR § 301,
App. A. Please reference http://www.gsa.gov for the current host city per diem rates.
3. Accommodation rates shall not exceed the federal lodging limit plus host city taxes.
The Contractor shall always request government rates.
4. Air travel shall be by coach class at the lowest possible price available at the time the
County requests a particular trip. In general, a trip is associated with a particular work
activity of limited duration and only one round-trip ticket, per person, shall be billed per
trip. Any air travel occurring as part of a federal grant must be in accordance with the
Fly America Act.
3. Internal Control and Accounting System
The Contractor shall establish and maintain a system of accounting and internal controls which
complies with generally accepted accounting principles promulgated by the Financial Accounting
3
Standards Board (FASB), the Governmental Accounting Standards Board (GASB), or both as is
applicable to the Contractor's form of incorporation.
4. Debarment and Suspension Certification
Entities that are debarred, suspended, or proposed for debarment by the U.S. Government are
excluded from receiving federal funds and contracting with the County. The Contractor, by signature
to this Contract, certifies that the Contractor is not presently debarred, suspended, or proposed for
debarment by any Federal department or agency. The Contractor also agrees that it will not enter
into a subcontract with a Contractor that is debarred, suspended, or proposed for debarment. The
Contractor agrees to notify King County in the event it, or a subcontractor, is debarred, suspended,
or proposed for debarment by any Federal department or agency.
6. Maintenance of Records/Evaluations and Inspections
A. The Contractor shall maintain accounts and records, including personnel, property, financial,
and programmatic records and other such records as may be deemed necessary by the
County to ensure proper accounting for all Contract funds and compliance with this Contract.
B. In accordance with the nondiscrimination and equal employment opportunity requirements set
forth in Section 13. below, the Contractor shall maintain the following:
1. Records of employment, employment advertisements, application forms, and other
pertinent data, records and information related to employment, applications for
employment or the administration or delivery of services or any other benefits under
this Contract; and
2. Records, including written quotes, bids, estimates or proposals submitted to the
Contractor by all businesses seeking to participate on this Contract, and any other
information necessary to document the actual use of and payments to subcontractors
and suppliers in this Contract, including employment records.
The County may visit the site of the work and the Contractor's office to review the foregoing
records. The Contractor shall provide every assistance requested by the County during such
visits and make the foregoing records available to the County for inspection and copying
upon request. The Contractor shall provide right of access to its facilities—including those of
any subcontractor assigned any portion of this Contract pursuant to Section 12—to the
County, the state, and/or federal agencies or officials at all reasonable times in order to
monitor and evaluate the services provided under this Contract. The County will give
advance notice to the Contractor in the case of fiscal audits to be conducted by the County.
The Contractor shall comply with all record keeping requirements set forth in any federal
rules, regulations or statutes included or referenced in the Contract documents. The
Contractor shall inform the County in writing of the location, if different from the Contractor
address listed on page one of this Contract, of the aforesaid books, records, documents, and
other evidence and shall notify the County in writing of any changes in location within ten (10)
working days of any such relocation.
C. The records listed in A and B above shall be maintained for a period of six (6) years after
termination of this Contract. The records and documents with respect to all matters covered
by this Contract shall be subject at all time to inspection, review, or audit by the County and/or
federal/state officials so authorized by law during the performance of this Contract and six (6)
years after termination hereof, unless a longer retention period is required by law.
D. Medical records shall be maintained and preserved by the Contractor in accordance with state
and federal medical records statutes, including but not limited to RCW 70.41.190, 70.02.160,
and standard medical records practice. If the Contractor ceases operations under this
Contract, the Contractor shall be responsible for the disposition and maintenance of such
medical records.
E. The Contractor agrees to cooperate with the County or its agent in the evaluation of the
Contractor's performance under this Contract and to make available all information
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reasonably required by any such evaluation process. The results and records of said
evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56.
F. The Contractor agrees that all information, records, and data collected in connection with this
Contract shall be protected from unauthorized disclosure in accordance with applicable state
and federal law.
6. Corn lianee with the Health Insurance Portability and Accountability Act of 1996 HIPAA
The Contractor shall not use protected health information created or shared under this Contract in
any manner that would constitute a violation of HIPAA and any regulations enacted pursuant to its
provisions. Contractor shall read and certify compliance with all HIPAA requirements at
http://www. kingcounty.gov/healthservices/health/partnerships/contracts
7. Audits
A. A Contractor, for-profit or non-profit that receives in excess of $100,000 in funds during its
fiscal year from the County, shall provide fiscal year audited financial statements
prepared by an independent Certified Public Accountant or Accounting Firm within nine
months subsequent to the close of the Contractor's fiscal year (if applicable, see Section
7.D.) and shall meet the following requirement, if applicable:
If the Contractor is a non-profit organization as defined in 2 CFR Part 200,
and expends a total of $750,000 or more in federal financial assistance and
has received federal financial assistance from any sources during its fiscal
year, then the Contractor shall meet the audit requirements as described in 2
CFR Part 200 Subpart F.
B. Non-profit Contractors who receive less than $100,000 from the County during their fiscal
year shall provide 1) IRS Form 990 within 30 days of its being filed; and 2) a full set of
annual financial statements.
C. For-profit Contractors who receive less than $100,000 from the County during their fiscal
year shall provide 1) income tax return within 30 days of its being filed; and 2) a full set of
annual financial statements.
D. A Contractor subject to the requirements in Section 7.A. may, in extraordinary
circumstances, request a waiver of audit requirements and, with the review and upon
approval of the County, substitute for the above requirements other forms of financial
reporting or fiscal representation certified by the Contractor's Board of Directors, provided
the Contractor meets the following criteria:
1. That financial reporting and any associated management letter show no
reportable conditions or internal control issues; and
2. There has been no turnover in key staff since the beginning of the period for
which the financial reporting was completed.
E. Additional audit or review requirements which may be imposed on the County will be passed
on to the Contractor and the Contractor will be required to comply with any such requirements.
8. Corrective Action
If the County determines that a breach of Contract has occurred, that is, the Contractor has failed to
comply with any terms or conditions of this Contract or the Contractor has failed to provide in any
manner the work or services agreed to herein, and if the County deems said breach to warrant
corrective action, the following sequential procedure will apply:
A. The County will notify the Contractor in writing of the nature of the breach;
The Contractor shall respond in writing within three (3) working days of its receipt of such
notification, which response shall indicate the steps being taken to correct the specified
deficiencies. The corrective action plan shall specify the proposed completion date for bringing
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the Contract into compliance, which date shall not be more than ten (10) days from the date of
the Contractor's response, unless the County, at its sole discretion, specifies in writing an
extension in the number of days to complete the corrective actions;
B. The County will notify the Contractor in writing of the County's determination as to the
sufficiency of the Contractor's corrective action plan. The determination of sufficiency of the
Contractor's corrective action plan shall be at the sole discretion of the County;
C. In the event that the Contractor does not respond within the appropriate time with a corrective
action plan, or the Contractor's corrective action plan is determined by the County to be
insufficient, the County may commence termination or suspension of this Contract in whole or
in part pursuant to Section 1.C.;
D. In addition, the County may withhold any payment owed the Contractor or prohibit the
Contractor from incurring additional obligations of funds until the County is satisfied that
corrective action has been taken or completed; and
E. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to
Section 1., Subsections B, C, D, and E.
9. Dispute Resolution
The parties shall use their best, good -faith efforts to cooperatively resolve disputes and problems that
arise in connection with this Contract. Both parties will make a good faith effort to continue without
delay to carry out their respective responsibilities under this Contract while attempting to resolve the
dispute under this section.
10. Hold Harmless and Indemnification
A. In providing services under this Contract, the Contractor is an independent contractor, and
neither it nor its officers, agents, or employees are employees of the County for any purpose.
The Contractor shall be responsible for all federal and/or state tax, industrial insurance, and
Social Security liability that may result from the performance of and compensation for these
services and shall make no claim of career service or civil service rights which may accrue to
a County employee under state or local law.
The County assumes no responsibility for the payment of any compensation, wages, benefits,
or taxes, by, or on behalf of the Contractor, its employees, and/or others by reason of this
Contract. The Contractor shall protect, indemnify, defend and save harmless the County, its
officers, agents, and employees from and against any and all claims, costs, and/or losses
whatsoever occurring or resulting from (1) the Contractor's failure to pay any such
compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of work,
services, materials, or supplies by Contractor employees or other suppliers in connection with
or support of the performance of this Contract.
B. The Contractor further agrees that it is financially responsible for and will repay the County all
indicated amounts following an audit exception which occurs due to the negligence, intentional
act, and/or failure, for any reason, to comply with the terms of this Contract by the Contractor,
its officers, employees, agents, and/or representatives. This duty to repay the County shall not
be diminished or extinguished by the prior termination of the Contract pursuant to the Term
and Termination section.
C. The Contractor shall protect, defend, indemnify, and save harmless the County, its officers,
employees, and agents from any and all costs, claims, judgments, and/or awards of damages,
arising out of, or in any way resulting from, the negligent acts or omissions of the Contractor,
its officers, employees, subcontractors and/or agents, in its performance and/or non-
performance of its obligations under this Contract. The Contractor agrees that its obligations
under this subparagraph extend to any claim, demand, and/or cause of action brought by, or
on behalf of, any of its employees or agents. For this purpose, the Contractor, by mutual
negotiation, hereby waives, as respects the County only, any immunity that would otherwise
be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In
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the event the County incurs any judgment, award, and/or cost arising therefrom including
attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs
shall be recoverable from the Contractor.
D. The County shall protect, defend, indemnify, and save harmless the Contractor, its officers,
employees, and agents from any and all costs, claims, judgments, and/or awards of damages,
arising out of, or in any way resulting from, the sole negligent acts or omissions of the County,
its officers, employees, and/or agents, in its performance and/or non-performance of its
obligations under this Contract. The County agrees that its obligations under this
subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf
of, any of its employees or agents. For this purpose, the County, by mutual negotiation,
hereby waives, as respects the Contractor only, any immunity that would otherwise be
available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the
event the Contractor incurs any judgment, award, and/or cost arising therefrom including
attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs
shall be recoverable from the County.
E. Claims shall include, but not be limited to, assertions that use or transfer of software, book,
document, report, film, tape, or sound reproduction or material of any kind, delivered
hereunder, constitutes an infringement of any copyright, patent, trademark, trade name,
and/or otherwise results in unfair trade practice.
F. Nothing contained within this provision shall affect and/or alter the application of any other
provision contained within this Contract.
G. The indemnification, protection, defense and save harmless obligations contained herein shall
survive the expiration, abandonment or termination of this Contract.
11. Insurance Requirements
By the date of execution of this Contract, the Contractor shall procure and maintain for the duration
of this Contract, insurance against claims for injuries to persons or damages to property which may
arise from, or in connection with, the performance of work hereunder by the Contractor, its agents,
representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by
the Contractor or subcontractor. The Contractor may furnish separate certificates of insurance and
policy endorsements for each subcontractor as evidence of compliance with the insurance
requirements of this Contract. The Contractor is responsible for ensuring compliance with all of the
insurance requirements stated herein. Failure by the Contractor, its agents, employees, officers,
subcontractor, providers, and/or provider subcontractor to comply with the insurance requirements
stated herein shall constitute a material breach of this Contract. Specific coverages and
requirements are at http://www.kingcounty.gov/healthservices/health/partnerships/contracts;
Contractors shall read and provide required insurance documentation prior to the signing of this
Contract.
12. Assignment/Subcontract
A. The Contractor shall not assign or subcontract any portion of this Contract or transfer or
assign any claim arising pursuant to this Contract without the written consent of the County.
Said consent must be sought in writing by the Contractor not less than fifteen (15) days prior
to the date of any proposed assignment.
B. "Subcontract" shall mean any contract between the Contractor and a subcontractor or
between subcontractors that is based on this Contract, Provided that the term "subcontract"
does not include the purchase of (1) support services not related to the subject matter of this
Contract, or (2) supplies.
C. The Contractor shall include King County Terms and Conditions sections 2.E., 2.G., 3, 4, 5, 6,
10.A., 10.B., 10.G., 12, 13, 14, 15, 16, 17, 23, 24, 27, the Federal Terms and Conditions
contained herein, and any other grant requirement, if attached, in every subcontract or
purchase agreement for services that relate to the subject matter of this Contract.
D. The Contractor agrees to include the following language verbatim in every subcontract for
services which relate to the subject matter of this Contract:
"Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers,
employees and agents from any and all costs, claims, judgments, and/or awards of damages
arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its
officers, employees, and/or agents in connection with or in support of this Contract.
Subcontractor expressly agrees and understands that King County is a third party beneficiary
to this Contract and shall have the right to bring an action against subcontractor to enforce the
provisions of this paragraph."
13. Nondiscrimination; Equal Employment Opportunity; Payment of a Living Wade
The Contractor shall comply with all applicable federal, state and local laws regarding
discrimination, including those set forth in this Section.
A. During performance of the Contract, the Contractor agrees that it will not discriminate against
any employee or applicant for employment because of the employee or applicant's sex, race,
color, marital status, national origin, religious affiliation, disability, sexual orientation, gender
identity or expression or age except by minimum age and retirement provisions, unless based
upon a bona fide occupational qualification. The Contractor will make equal employment
opportunity efforts to ensure that applicants and employees are treated, without regard to their
sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation,
gender identity or expression or age. Additional requirements are at
http://www.kingcounty.gov/healthservices/health/partnerships/contracts; Contractors shall
read and certify compliance.
B. Requirements of King County Living Wage Ordinance
In accordance with King County Ordinance 17909, as a condition of award for contracts
beginning on or after April 1, 2015, for services with an initial or amended value of $100,000
or more, the Contractor agrees that it shall pay and require all sub-awardees and
subcontractors to pay a living wage as described in the ordinance to employees for each hour
the employee performs a Measurable Amount of Work on this Contract. The requirements of
the ordinance, including payment schedules, are detailed at
http://www. kingcounty.gov/operations/procurement/Resources/ordinance-17909.aspx.
Violations of this requirement may result in disqualification of the Contractor from bidding on
or being awarded a County contract for up to two years; contractual remedies including, but
not limited to, liquidated damages and/or termination of the Contract; remedial action as set
forth in public rule; and other civil remedies and sanctions allowed by law. For purposes of this
Section, a "Measurable Amount of Work" is defined as a definitive allocation of an employee's
time that can be attributed to work performed under this Contract, but that is not less than a
total of one hour in any one week period.
14. Conflict of Interest
A. The Contractor agrees to comply with applicable provisions of K.C.C. 3.04. Failure to comply
with such requirements shall be a material breach of this Contract, and may result in
termination of this Contract pursuant to Section II and subject the Contractor to the remedies
stated therein, or otherwise available to the County at law or in equity.
B. The Contractor agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure
preferential treatment in its dealings with the County by offering any valuable consideration,
thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any
County official or employee. The Contractor acknowledges that if it is found to have violated
the prohibition found in this paragraph, its current contracts with the County will be cancelled
and it shall not be able to bid on any County contract for a period of two years.
C. The Contractor acknowledges that for one year after leaving County employment, a former
County employee may not have a financial or beneficial interest in a contract or grant that was
planned, authorized, or funded by a County action in which the former County employee
participated during County employment. Contractor shall identify at the time of offer current or
former County employees involved in the preparation of proposals or the anticipated
performance of Work if awarded the Contract. Failure to identify current or former County
employees involved in this transaction may result in the County's denying or terminating this
Contract. After Contract award, the Contractor is responsible for notifying the County's Project
Manager of current or former County employees who may become involved in the Contract
any time during the term of the Contract.
15. Equipment Purchase Maintenance and Ownershi
A. The Contractor agrees that any equipment purchased, in whole or in part, with Contract funds
at a cost of $5,000 per item or more, when the purchase of such equipment is reimbursable as
an Contract budget item, is upon its purchase or receipt the property of the County and/or
federal/state government. The Contractor shall be responsible for all such property, including
the proper care and maintenance of the equipment.
B. The Contractor shall ensure that all such equipment will be returned to the County or
federal/state government upon termination of this Contract unless otherwise agreed upon by
the parties.
16. Proprietary Right
The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or
article should result from the work described herein, all rights accruing from such material or article
shall be the sole property of the County. The County agrees to and does hereby grant to the
Contractor, irrevocable, nonexclusive, and royalty -free license to use, according to law, any material
or article and use any method that may be developed as part of the work under this Contract.
The foregoing products license shall not apply to existing training materials, consulting aids,
checklists, and other materials and documents of the Contractor which are modified for use in the
performance of this Contract.
The foregoing provisions of this section shall not apply to existing training materials, consulting aids,
checklists, and other materials and documents of the Contractor that are not modified for use in the
performance of this Contract.
17. Political Activity Prohibited
None of the funds, materials, property, or services provided directly or indirectly under this Contract
shall be used for any partisan political activity or to further the election or defeat of any candidate for
public office.
18. King County Recycled Product Procurement Policy
In accordance with King County Code 18.20, the Contractor shall use recycled paper, and both
sides of sheets of paper whenever practicable, when submitting proposals, reports, and invoices, if
paper copies are required.
19. Future Support
The County makes no commitment to support the services awarded for herein and assumes no
obligation for future support of the activity awarded herein except as expressly set forth in this
Contract.
20. Entire Contract/Waiver of Default
The parties agree that this Contract is the complete expression of the terms hereto and any oral or
written representations or understandings not incorporated herein are excluded. Both parties
recognize that time is of the essence in the performance of the provisions of this Contract. Waiver
of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of
any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach
E
and shall not be construed to be a modification of the terms of the Contract unless stated to be such
through written approval by the County, which shall be attached to the original Contract.
21. Amendments
Either party may request changes to this Contract. Proposed changes which are mutually agreed
upon shall be incorporated by written amendments to this Contract. Changes to the County's
agreement numbering system or fund source may be made unilaterally by the County and without
the need for amendment of this Contract. The Contractor shall be notified in writing of any changes
in the agreement number or fund source assigned by the County; provided, however, that the total
compensation allocated by the County through this Contract does not change.
22. Notices
Whenever this Contract provides for notice to be provided by one party to another, such notice shall
be in writing and directed to the chief executive office of the Contractor and the project
representative of the County department specified on page one of this Contract. Any time within
which a party must take some action shall be computed from the date that the notice is received by
said party.
23. Services Provided in Accordance with Law and Rule and Regulation
The Contractor and any subcontractor agree to abide by the laws of the state of Washington, rules
and regulations promulgated thereunder, and regulations of the state and federal governments, as
applicable, which control disposition of funds granted under this Contract, all of which are
incorporated herein by reference.
In the event that there is a conflict between any of the language contained in any exhibit or
attachment to this Contract, the language in the Contract shall have control over the language
contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the
contrary.
24. Applicable Law
This Contract shall be construed and interpreted in accordance with the laws of the State of
Washington. The venue for any action hereunder shall be in the Superior Court for King County,
Washington.
25. Electronic Processinq and Signatures
The parties agree that this Contract may be processed and signed electronically, which if done so,
will be subject to additional terms and conditions found at
https:/Iwww.docusign.com/company/terms-of-use.
The parties acknowledge that they have consulted with their respective attorneys and have had the
opportunity to review this Contract. Therefore, the parties expressly agree that this Contract shall
be given full force and effect according to each and all of its express terms and provisions and the
rule of construction that any ambiguities are to be resolved against the drafting party shall not be
employed in the interpretation of this Contract.
The parties executing this Contract electronically have authority to sign and bind its represented
party to this Contract.
26. Counterparts and Signatures by Fax or Email
This Contract may be executed in any number of counterparts, each of which shall constitute an
original, and all of which will together constitute this one Contract. Further, upon executing this
Contract, either party may deliver the signature page to the other by fax or email and that signature
shall have the same force and effect as if the Contract bearing the original signature was received
in person.
27. No Third Party Beneficiaries
10
Except for the parties to whom this Contract is assigned in compliance with the terms of this
Contract, there are no third party beneficiaries to this Contract, and this Contract shall not impart
any rights enforceable by any person or entity that is not a party hereto.
END OF COUNTY TERMS AND CONDITIONS
PART B. FEDERAL TERMS AND CONDITIONS
As applicable, the Contractor shall adhere to the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for HHS awards as codified in 45 CFR Part 75 effective
December 26, 2014, the HHS Grants Policy Statement, and the Contract Provisions below.
APPENDIX II TO 45 CFR 75—CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY
CONTRACTS UNDER FEDERAL AWARDS
In addition to other provisions required by the HHS agency or non -Federal entity, all contracts
made by the non -Federal entity under the Federal award must contain provisions covering the
following, as applicable.
A. Contracts for more than the simplified acquisition threshold currently set at $150,000, which
is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must
address administrative, contractual, or legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and penalties as appropriate.
B. All contracts in excess of $10,000 must address termination for cause and for convenience
by the non -Federal entity including the manner by which it will be effected and the basis for
settlement.
C. Equal Employment Opportunity. Except as otherwise provided under 41 CFR part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 CFR part 60-
1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance
with Executive Order 11246, as amended by Executive Order 11375, and implementing
regulations at 41 CFR part 60.
D. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities
must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and
3146-3148) as supplemented by Department of Labor regulations (29 CFR part 5). In
accordance with the statute, contractors must be required to pay wages to laborers and
mechanics at a rate not less than the prevailing wages specified in a wage determination made
by the Secretary of Labor. In addition, contractors must be required to pay wages not less than
once a week. The non -Federal entity must place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation. The decision to award a
contract or subcontract must be conditioned upon the acceptance of the wage determination.
The non -Federal entity must report all suspected or reported violations to the Federal awarding
agency. The contracts must also include a provision for compliance with the Copeland "Anti -
Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR
part 3). The Act provides that each contractor or subrecipient must be prohibited from inducing,
by any means, any person employed in the construction, completion, or repair of public work, to
give up any part of the compensation to which he or she is otherwise entitled. The non -Federal
entity must report all suspected or reported violations to the Federal awarding agency.
11
E. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
all contracts awarded by the non -Federal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.
3702 and 3704, as supplemented by Department of Labor regulations (29 CFR part 5). Under
40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the
standard work week is permissible provided that the worker is compensated at a rate of not less
than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the
work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to
the purchases of supplies or materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
F. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of "funding agreement" under 37 CFR 401.2 (a) and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
work under that "funding agreement," the recipient or subrecipient must comply with the
requirements of 37 CFR part 401 and any implementing regulations issued by the awarding
agency.
G. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000
must contain a provision that requires the non -Federal award to agree to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C.
7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
H. Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties listed on the government -wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR part
180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3
CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
I. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the non -Federal award.
J. See § 75.331 Procurement of recovered materials.
12
Exhibit A: Scope of Work 4507 CDIP
JEFFERSON COUNTY PUBLIC HEALTH
CLINICAL and CLIENT SUPPORT SERVICES
June 30, 2019 through June 29, 2020
BACKGROUND
The Breast, Cervical, and Colon Health Program (BCCHP) helps eligible clients get
screened for breast, cervical, and colorectal cancers, and connects clients with diagnostic
services and treatment when needed. The program serves clients with low incomes and
who lack health insurance coverage for cancer screening. BCCHP improves access to
services, especially for people who face extra barriers to getting health care.
PURPOSE
Jefferson County Public Health will enroll BCCHP eligible clients and provide
recommended cancer screening services. They will refer BCCHP enrolled clients with
abnormal cancer screening results to other BCCHP contracted providers for appropriate
follow-up services. They will also use outreach activities outlined below to recruit clients
for the BCCHP.
SERVICES
Enrollment Site:
Annual exam with Clinical Breast Exam (CBE)
Problem -focused visit
Pap tests
HPV tests
ELIGIBLE POPULATION
Women — all services;
Breast screening & annual exam
40-64, or
35-39, if being seen for breast
symptoms, or screening and
surveillance for increased risk clients
under 40* or
64+ if ineligible for Medicare
Priority for Mammography
Ages 50 or older, and last
mammogram > 2 years
Suspicious breast findings
Cervical"
If last pap normal & > 3 years or co -
testing (Pap normal and HPV
negative) > 5 years:
• 21-64
^As per USPSTF 2012 Cervical Cancer
Screening Guidelines. If not eligible for Pap
Test, pelvic exam paid only if done as part of
visit for breast screening/annual exam
® Strong family history or other
high risk
*documentation is necessary
At or below 250% of Federal Poverty Level (FPL)"
Uninsured or Underinsured (deductible over $500)
Ineligible for Apple Health (Medicaid)
Washington State Residents _
^mammography and breast diagnostics available to clients at or below 300% FPL
4507 CDIP - Jefferson County Public Health Page 1 of 4
PRIORITY POPULATIONS
Some populations have lower screening and/or higher morbidity or mortality rates.
• Have never or rarely received breast or cervical services
• Are ages 50 or older (breast services) or 40-49 (cervical services)
• Are new to BCCHP
• Are from a racial or ethnic minority population, including African American, Asian,
Pacific Islander, American Indian/Alaskan Native, and Hispanic/Latina
• Are lesbian, gay, bisexual, or transgender
• Have a disability (as defined by the client)
• Have a strong family history or other high risk, including ages 40-49 for breast services
PERFORMANCE REQUIREMENTS
Clinical Services
The Contractor will:
Make best efforts to coordinate with BCCHP to meet ALL CDC and DOH
Performance Indicators:
o Assist the client to complete the diagnostic work-up within 60 days of a
documented abnormal breast finding.
o Assist clients with abnormal breast screenings with complete follow-up
o Assist the client to start breast cancer treatment within 60 days of a
documented diagnosis of breast cancer or breast pre -cancer.
o Assist the client to start cervical cancer treatment within 90 days of a
documented diagnosis of cervical cancer or pre -cancer.
• Document attempts to contact each client for follow-up services per BCCHP protocol.
It is the contractor's responsibility to get clients in for timely follow-up.
• Review and follow instructions in the Contractor's Procedure Manual, available at:
http://www.kingcou nty.,qoy/hea Ithservices/hea Ith/ch roilic/bchp/downloads.A$PX
• Maintain HIPAA regulated confidentiality of all BCCHP client data and medical records.
• Provide effective, understandable, and respectful care to clients in their preferred
language. Make reasonable efforts to provide care that is compatible with clients'
cultural health beliefs and practices.
• Maintain documentation of current WA State licensure and/or certification for all health
care professionals who perform medical procedures under this contract. Present
documentation to BCCHP staff upon request.
• Send a representative to the annual BCCHP mandatory meeting and a minimum of two
other meetings and/or trainings as scheduled by the DOH or Public Health.
• Work with BCCHP staff to raise awareness about cancer screening and distribute
educational materials, when appropriate.
• Work with BCCHP to provide navigation support to clients with multiple barriers and
document as necessary
4507 CDIP - Jefferson County Public Health Page 2 of 4
Client Support Services at Jefferson
The contractor will:
1. Track BCCHP clients to make sure they receive timely follow-up after abnormal breast
or cervical cancer findings. Monitor clients until they receive a diagnosis.
2. Implement a re -screening reminder system for BCCHP clients.
3. Document scheduling for appropriate follow-up tests and return appointments.
4. Review and give test results to clients in a timely manner.
5. Document all findings and send to Public Health.
REIMBURSEMENT PROCESS:
The Contractor will:
• Complete exam and reimbursement forms and, if applicable, diagnostic forms. Forms
are available online at:
htt ://www.kin count . ovlhealthservices/health/chronic/bch ldownloads.as x
• Make best efforts to submit reimbursement forms to BCCHP at Public Health within 10
business days from the date of service.
• Accept the amounts for CPT -coded services listed on the current BCCHP Fee
Schedule.
• Certify that work to be performed under this contract does not duplicate any work to be
charged against any other contract, subcontract, or other funding source.
• Monitor funds spent and clients scheduled, to stay within the total budget.
• In the case of any overpayment, contact BCCHP staff before taking any action to
discuss how to correct the error.
BCCHP will not pay for services if we receive reimbursement forms later than 45 days from
the service date. We will evaluate exceptions on a case-by-case basis. We may impose
an earlier deadline to submit forms for June services, to achieve timely fiscal year-end
close out.
REIMBURSEMENT LIMITS:
Payment will not exceed the total budgeted contract_ amount (Exhibit
Exhibit B shows the "anticipated number of clients" (sometimes called "slots") that the
clinical funding may cover for each type of service. These are estimates based on
average historical costs per type of clinical service. Since costs may vary, these estimates
are only a guideline to show a possible mix of services that the Contractor could provide
with total available funds. Funds for breast and cervical services are not interchangeable
with funds for colon health services or outreach services. Please carefully review
Exhibit B
REIMBURSEMENT PROCEDURES
BCCHP at Public Health will:
• Pay for services provided within the corresponding contract period.
4607 CDIP - Jefferson County Public Health Page 3 of 4
• Send the current Fee Schedules for Breast and Cervical Cancer Screening and
Diagnosis and Colorectal Cancer Screening and Diagnosis to the Contractor, as well as
any subsequent revisions. Revisions will replace earlier versions.
Pay for CPT-coded services at rates listed on the Fee Schedule. When applicable,
payment will include facility fee costs, as described on the Fee Schedule. We
reimburse clinic services at "Professional non-facility office" rates.
• Pay for Client Support Services (case management) based on the BCCHP rate per
client enrolled and screened (Exhibit B).
• Monitor contracted funds.
• Generate monthly clinical services billing reports for the contractor, based on forms the
contractor submits. The reports will detail client names, dates of service, CPT codes,
and fees.
Create a monthly invoice from the billing reports and send to the Contractor to review
and approve.
• Pay the Contractor based on the approved invoice.
The Contractor will not bill BCCHP clients for any differences between service
charges and BCCHP reimbursement.
4507 CDIP - Jefferson County Public Health Page 4 of 4
Exhibit B: Budget
Jefferson County Public Health
615 Sheridan St
Port Townsend, WA 98368
June 30. 2019 - June 29. 2020
BUDGET DETAIL
Initial Not to Exceed
Amount
Maximum Not to
Exceed Amount
Breast and Cervical Health Services
Includes one or more of the following: annual
exam with Clinical Breast Exam (CBE),
problem -focused visit, Pap tests, HPV tests.
$ 1,400 00
$ 2,800.00
Total Funding
$ 1,400.00
$ 2,800.00
ervices will be paid y CPT code according to the rates listed on the most current Breast,
Cervical, and Colon Health Program Fee Schedule. The fee schedule changes annually on
July 1.
Anticipated Breast and Crevical Clients #s 1 4 8
BCHP Services average $ /client
4507 CDIP - Jefferson County Public Health
Public Health
Seattle & King County LQ'
INVOICE
Contract Number: 4507 CDIP
Exhibit: C
Contract Period of Performance: Jun 30, 2019 -Jun 29, 2020
Jefferson County Public Health
Jefferson County Public Health
Port Townsend, WA 98368
Julia Danskin
(360)385-9420
idanskinC)co.iefferson.wa-ii ,
ALL FIELDS MUST BE COMPLETED FOR PROMPT PAYMENT PROCESSING
King County Accounts Payable Information
Purchase Order #
Supplier Name JEFFERSON COUNTY
Supplier # 6649
Supplier Pay Site PUBLIC HEALTH
Remit Address 615 Sheridan St
Port Townsend, WA 98368
Invoice Date
Invoice #
Amount to be Paid $0.00
Note to AP Pay Immediately
Payment Type (Circle One) CHECK or ACH
Print on Remittance BCCHP
PH Prog. name/phone Jodi Olson, 206-263-8200
Submit signed hardcopy invoice to:
Jodi Olson
Breast Cervical & Colon Health Program
Public Health - Seattle & King County
4015th Ave., Suite 1110
Seattle, WA 98104 Start End
Date Date
Invoice for services rendered under
this contract for the period of:
MM/DD/YY
King County AP Payment Information:
DPH
Project Organization Expend Acct Task Award Acct CPA CFDA Amount
11234921 800107 1 53180 1 100 1 101562 1 1 59694781 93.898 1 $
Breast Cervical & Colon Health Program Invoicing Information:
Costs Award I Budget I Previously Billed Current Cumulative Balance
B&C -Fed 11015621 $ 1,400.00 $ Is $ $ 1,400.00
Total $ 1,400.00 $ $ $ $ 1,400.00
Amount Due
I, the undersigned, do hereby certify under the laws of the State of Washington penalty of perjury, that this is a true and correct claim for reimbursement services rendered. I
understand that any false claims, statements, documents, or concealment of material fact may be prosecuted under applicable Federal and State laws. This certification
includes any attachments which serve as supporting documentation to this reimbursement request.
Signed Date PH Program Manager Approval Date
Julia Danskin
Print Name
Exhibit D
Order Form
BCCHP Program
Contract # 4507 CDIP F-1
Contractor: Jefferson County Public Health
615 Sheridan
Port Townsend, WA 98368
Julia Danskin
,�tl�ryski�7 a?rn,�effer�c�n.w��.�es
Order Form Effective Date:
Public Health Seattle & King County hereby amends the not to exceed amount and authorizes the following not -to -
exceed amount for the services provided in the Scope of Work Exhibit under the above referenced contract at the
rates set forth in the Budget Exhibit:
Description
Breast and Cervical Services:
Annual exam with Clinical Breast
Exam (CBE), problem -focused
visit, Pap tests, HPV tests.
Total reimbursable Contract
Amniint
Prior Not to Total Increase or Amended Not to
Exceed Decrease Exceed Amount
Amount
$1400 $ $1400
$1400 $ $1400
The total reimbursement shall not exceed the amount set forth in this Order Form
******************************************************************************
Funding Sources
FEDERAL
Federal Catalogue No
93.898
TOTAL
Public Health Signature
Name
7/2019
Prior Not
to Exceed
Amount
$1400
$1400
Date
Total
Increase or
Decrease
$
Amended Not
to Exceed Effective Dates
$1400 6/30/19-6/29/20
$1400