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HomeMy WebLinkAbout090919_ca03615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Veronica Shaw, Deputy Director DATE: 5k cl, -�c ( 9 Consent Agenda AUGUST 13, 2019 SUBJECT: Agenda Item — Professional Services Agreement between Jefferson County Public Health and the Chimacum School District for Human Growth and Development HIV/AIDS education; 9/1/2019 — 6/15/2020; $10,007.45 STATEMENT OF ISSUE: Jefferson County Public Health, Community Health, contracts with the Chimacum School District to provide Human Growth and Development HIV/AIDS education to students enrolled in the district to meet state regulations. The Professional Services contract agreement is for the 2019-2020 school year. This agreement commences on September 1, 2019 and continues through June 15, 2020, or until either party terminates the contract agreement. ANALYSIS/ STRATEGIC GOALS/PRO'S and CON'S: Jefferson County Public Health contracts with the Chimacum School Districts to provide Human Growth and Development and HIV/AIDS education to meet state regulations regarding student health. JCPH will provide age appropriate Human Growth and Development and HIV/AIDS education classes that meet the guidelines established by the Healthy Youth Act of 2007. Provisions for administration expenses are included in the contract language. The contract provides for the purchase of supplies and travel. The JCPH Staff will provide ongoing review and revision of the District's Human Growth and Development and HIV/AIDS Education Plan. FISCAL IMPACT/COST BENEFIT ANALYSIS: The district is charged $44.14 per hour for one public health educator not to exceed $10,007.45. RECOMMENDATION: JCPH management request approval of the Professional Services Agreement with Chimacum School District for Human Growth and Development HIV/AIDS education; September 1, 2019 — June 15, 2020; $10,007.45 REVIEWED BY: i Ip Morley, A s rator Date Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 (f) 360-379-4487 360-385-9401 (f) Always working for a safer and healthier community Chimacum School District 2019-2020 Human Growth and Development Contract Agreement By and Between Chimacum School District And Jefferson County Public Health Section 1: Purpose: THIS AGREEMENT for Professional Services is entered into between Jefferson County Public Health (JCPH), herein "County", and Chimacum School District (CSD), herein "District", for the purpose of providing services to meet state regulations. Section 2: Terms: THIS AGREEMENT shall commence on September 1, 2019 and continue through June 15, 2020. Section 3: Scope of Agreement: The County will provide Human Growth and Development for HIV/AIDS to meet state regulations regarding student health and as described in Exhibit A, attached hereto and incorporated herein. The County will provide age appropriate Human Growth and Development and HIV/AIDS education classes that meet the guidelines established by the Healthy Youth Act of 2007 and the "Guidelines for Sexual Health Information and Disease Prevention," developed by OSPI and Washington Department of Health in 2005. The schedule will be arranged between the Health Educator and the District's Building Administrator and/or other appropriate staff. Section 4: Agreement Representatives: The County and the District will each have agreement representatives who will have the responsibility to administer the agreement for that party. Representatives may be changed upon written notice. The parties' representatives are as follows: COUNTY Veronica Shaw, Deputy Director Jefferson County Public Health 615 Sheridan Street Port Townsend, WA 98368 360-385-9443 DISTRICT Rick Thompson, Superintendent Chimacum School District P.O. Box 278 Chimacum, WA 98325 Chimacum School District 2019-2020 Human Growth and Development Section 5: Compensation: The District will pay the County for agreed upon services not to exceed $10,007.45 for the duration of this agreement described in Exhibit A, Scope of Work. Additional educational hours may be added at the District's cost of $44.14 per hour, upon agreement of both parties herein. Due to the variability of scheduling classes, County will bill monthly $1,000.75 with an adjustment to last invoice in order to not exceed agreement amount. Section 6: Indemnification: The District shall indemnify and hold harmless the County, its officers, and employees, from and against all claims, losses or liability, or any portion thereof, including reasonable attorney's fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to the District's own employees, or damage to property occasioned by a negligent act, omission or failure of the District. The District shall be liable only to the extent of District's proportional negligence. The District specifically assumes potential liability for actions brought against the County by District's employees, including all other persons engaged in the performance of any work or service required of the District under this Agreement and, solely for the purpose of this indemnification and defense, the District specifically waives any immunity under the state industrial insurance law, Title 51 R.C.W. The District recognizes that this waiver was specifically entered into pursuant to provisions of R.C.W. 4.24.115 and was subject of mutual negotiation. Section 7: Insurance: 1. The District shall, at its own expense, obtain and continuously maintain the following insurance coverage. All insurers providing such insurance shall be licensed to do business in the State of Washington and admitted by the Washington State Insurance Commissioner. Coverage limits shall be the minimum limits identified in the Agreement, or the coverage limits provided or available under the policies maintained by the District without regard to the Agreement, whichever are greater OR the requirements of this subsection "a)" may be satisfied by the District upon the District providing to the County proof of its current membership in a governmental entity Risk Pool providing third party liability coverage or joint self-insurance to the District with liability limits equal or exceeding those listed here: i. General Commercial Liability - $1,000,000 Minimum, Each Occurrence $2,000,000 Minimum, Annual Aggregate Coverage shall include personal injury, bodily injury, property damage for Premises / Operations Liability, Products / Completed Operations, Personal / Advertising Injury, Contractual Liability, Independent Contractor Liability, and Stop Gap / Employer's Liability. Coverage shall not exclude or contain sub -limits less than the minimum limits required, Chimacum School District 2019-2020 Human Growth and Development unless approved in writing by the County. ii. Business Automobile Liability - $500,000 Minimum, Each Occurrence $500,000 Minimum, Annual Aggregate Coverage shall include liability for any and all owned, non -owned and hired motor vehicles. Coverage may be satisfied by way of endorsement to the General Commercial Liability. a.) Primary, Non-contributory Insurance: The District's insurance policies and any endorsements shall provide primary insurance coverage, and any third party liability coverage, self-insured retention, deductible or joint self-insurance provided to the County by its membership in a governmental entity Risk Pool shall be non-contributory and excess to such insurance policies. b.) Endorsements and Certificates of Insurance: The District shall, for each required insurance policy, provide a Certificate of Insurance, with endorsements attached, evidencing all required coverages, limits, deductibles, self-insured retentions and endorsements and which is conditioned upon the County receiving thirty (30) days prior written notice of reduction in coverages, cancellation, or non -renewal. Each Certificate of Insurance and all insurance notices shall be provided to the Clerk of the Jefferson County Board of County Commissioners, P.O. Box 1220, Port Townsend, WA 98368. c.) No Limitations on Liability: The insurance maintained under this Agreement shall not in any manner limit or qualify the liabilities or obligations of the District under this Agreement. All insurance policy deductibles and self-insured retentions for policies maintained under this Agreement shall be paid by the District. d.) Workers' Compensation: The District shall maintain Workers' Compensation coverage as required under the Washington State Industrial Insurance Act, RCW Title 51, for all District's employees, agents, and volunteers eligible for such coverage under the Industrial Insurance Act. Section 8: Confidentiality: All parties to this Agreement and their employees or representatives and their subcontractors and their employees will maintain the confidentiality of all information provided by the District and the County or acquired in performance of this Agreement as required by HIPPA and other privacy laws. This Agreement, once executed by the parties, is and remains a Public Record and is therefore subject to the provision of Ch. 42.56 RCW, the Public Records Act. Section 9: Ownership and Use of Documents: The parties herein agree they share no joint acquisition of property, and agree any and all documents, drawings, reports, and the like resultant from services rendered hereunder are the sole property of each party. Each party, with no further permission required from the other party, may publish, disclose, distribute, reproduce, or otherwise copy or use, in whole or in part, such items produced during the course of the Agreement to the extent disclosure is allowed by HIPPA and Section 8 of this Agreement. Chimacum School District 2019-2020 Human Growth and Development Section 10: Independence: Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. The County shall not be entitled to any benefits accorded the District employees by virtue of the services provided under this Agreement. The District shall not be responsible for withholding or otherwise deducting federal income tax, FICA or Medicare tax, or for contributing to the state industrial insurance program, or otherwise assuming the duties of an employer with respect to its employee. Furthermore, nothing herein shall create or be deemed to create any relationship of agency, joint venture, or partnership between either party to this Agreement. Neither shall either party have the power to bind or obligate the other in any manner except as expressly articulated in this Agreement. Section 11: The County will assure the professional preparation and training; will provide supervision of its professional staff; will complete background checks; will assure licensure; and will maintain proper liability insurance coverage on all its personnel performing duties. Section 12: Termination: Either party may terminate this Agreement for any reason upon at least sixty (60) days written notice; such notice shall not be effective until completion of said semester in which termination notice is asserted. Either party may terminate this Agreement at any time if the other party/parties default in any of its material obligations hereunder, but only if such defaults shall have continued for a period of ten (10) days after the receipt of written notice thereof from the other party/parties. Section 13: Discrimination: Neither party shall discriminate or permit discrimination against any person or group of persons on the basis of race, color, creed, national origin, age, gender, sexual orientation, or material status. Both parties shall comply with the Americans with Disabilities Act and all regulations interpreting or enforcing such Act. Section 14: Opening discussions for the 2020-2021 school year will begin in April of 2019. Section 15: Amendments: This Agreement may be amended by mutual written consent and signature of both named agreement Representatives. Section 16: Integrated Agreement: This Agreement together with attachments or addenda represents the entire and integrated agreement between the District and the County and supersedes all prior negotiations, representations, or agreements written or oral between said parties. Chimacum School District 2019-2020 Human Growth and Development Approved this 13 day of August, 2019. BOARD OF COUNTY COMMISSIONERS JEFFERSON COUNTY, WASHINGTON Kate Dean, Chair Jefferson County Board of County Commissioners Rick Thompson, Superintendent, Chimacum School District ATTEST: BY Carolyn Galloway, Deputy Clerk of the Board APP RO ED AS FO ONLY: By: Philip Hunsucker, Chief Civil Depu Pro ting Attorney Chimacum School District 2019-2020 Human Growth and Development Exhibit A Statement of Work set forth in this Agreement The County agrees to provide: Human Health and Development Classes, Health Education: Human Growth & Development and HIV/AIDS Education: Ongoing review and revision of the District's Human Growth and Development and HIV/AIDS Education Plan, and will participate in presentations and explanation of proposed revisions at a "Parents Night". In addition, additional Human Growth & Development and HIV/AIDS Education courses may be purchased by the District at a rate of $44.14 per hour. Sessions: • 5th Grade — six sessions on Human Growth and Development • 6th Grade — two sessions or one block period on HIV/AIDS • 7th Grade — two sessions or one block period on HIV/AIDS • 8th Grade — six sessions on Human Growth and Development • 9th Grade — six sessions on Human Growth and Development • Pi Program (5th, 8th. 9th) — six sessions on Human Growth and Development and HIV/AIDS Education • Pi Program (61h/7th) — two sessions on Human Growth and Development • Parent presentations Recommended Budget for this agreement: Salary & Benefits $ 7,945.20 Supplies 75.00 Travel 606.90 Subtotal $ 8,627.11 Indirect 1,380.34 Total $ 10,0007.45