Loading...
HomeMy WebLinkAbout120720_ca15615 Sheridan Street Port Townsend, WA 98368 eWn www.JeffersonCountyPublicHealth.org ve Public He� Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Vicki Kirkpatrick, Director Apple Martine, Community Health Director DATE: -�emAkr 7 1 do�b SUBJECT: Agenda Item — Contract Agreement with Public Health of King County for Breast Cervical & Colon Health Program Services; June 30, 2020 — June 29, 2021; $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, 2020 — June 29, 2021; $1,400 ANALYSIS/STRATEGIC GOALS/PRO'S and COWS: 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, 2020 — June 29, 2021; $1,400 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 Public Health � _ --- p�cc c�a.« 0 FEDERAL COMMUNITY Sesu e # sty SERVK= CONTRACT 5M CDIP This Conked is b@Mvw King Ceunty and the Conbwkw iderMW Wow. The County department ove *mV the wont to be pe kmwd in this Contract is the Depwtrmt of PubMc Hell M (PHSKC). m Ctw ty T7e& Heaam 818 ShVidM. Port Tawr"id, WA MM stratdaa 91 -M1322 OWMA000t G01rTAC1 e1Yw. ANWJ M Apple #Awtfw, and js8nsan.weAs Jwte 30, 2d)2t! Junto 29, =I i ;1,400.00 + iap�i i futdrip Or I�daMO@, MaOr��rq Ord. dlt Ai/ipArrd Anw int by "ft am andu r +�g htat U4 A M"9 Meant dw ANMOM ttlfltae mw cda 2740 iM slw = ,Ain 30 TO Asm 29 M OW oftod Aapaaor for aMIR Ta"O" and FEDERAL $1, W.W COUNTY: iti.00 STATE $O W SOM TIwCw*=WM WT axuoorsd @ vAW* y "for otassoaa arsrt on 1-0-1 . 76sfieftildkillaws III - P and w iiaagwralad oft coo*" M mbrsnea: EtJ I A A41wpe of World Enfrm s4k dqK EWt* C-Uwobs MnlpisM; EAU 04rdw Form, in d r d P�r�wMt. oo�rf�As. and aprosnwnl� ! _Air maiorwd, b be ir�ds, aM pa tm ood by Me IIW PMwIft- 90 WIN In M 0WONck WhM m one of Fart Term sd Coadkm Pm bfftd T"m ww Grndtiri t aid MOse#nd sad I Ir, each of raid. as @reds @ pMrt IN" *1 a4ohlur a @b@ , FW*Wm re, lira COOMI o► outer that Sher read and @pros to mn* wim #* Cor*vd rs* wrwtb as tlaa pHWX w eb b j PRE MIN Ate TMLE I t)11TE SK3NED < t' ' Z#UF7 JVZOIUMM- r . Tr AVMVVW a to Fam: OFFICE OF THE KING COUNTY PROSE— W N� ATTORNEY (Tins form In avab bie in atberrtate formats fur people ww Kh des upon request) 8s nn Y� Phi �- ri' ;wCkW, ChW CIO Do" Po8 or Jefferson Courdy P AdOrrleYs Mice tomey DocuSign Envelope ID: OAOBOOSE-C67C48B2-BC2F-DBA65COFB261 PART A. KING COUNTY TERMS AND CONDITIONS 1. Contract Term and TerTnination 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 Gable 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 2 DocuSign Envelope ID: OAOB006E-C67G48B2-BC2F-0BA65COFB261 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 shah 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 htta://www.asa.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 3 DowSign Envelope ID: OAOBOO6E-C67C-48B2-BC2F-DBA65COFB261 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 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. 5. 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. 4 DocuSign Envelope ID: OAOBOO6E-067C48B2-BC2F-DBA65COFB261 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 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. Compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAAI 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.kingeounty.gov/heafhservices/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: 1. 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 flied; 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. S. 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; DocuSign Envelope ID: OAOBOOSE-C67C-48B2-BC2F-DBA65COFB281 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 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 cant' 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 shah 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 6 DocuSign Envelope ID: OAOB006E-C67C-48B243C2FDBA65COFB261 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 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 fumish 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 httpJ/www.kingcounty.gov/healthservicesthealth/partnershipstcontracts; Contractors shall read and provide required insurance documentation prior to the signing of this Contract. 12. Asslanment/SubconUmd 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. 7 DocuSign Envebpe ID: OAOBOOSE-MC-48B243C2F43BA65COFB261 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, Eaual Employment Opportunity: Payment of a Living Wage 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 applicants 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.kingeounty.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:/twww.kingcounty.gov/operations/procurementtResouncestordinance-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 alkcation 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 8 DocuSign Envelope lD: OAOB006E-C67C48B2-BC2F-DBA85COF8261 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. Eouipment Purchase. Maintenance. and Ownership 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 Rights 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 ContractlWalver of Default 9 DocuSign Envelope ID: OAOBOOOE-C67C-48B2-BC2F-DBA65COFB261 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 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. Applieabie 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. 2& Electronic Processing 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://www.docusign.con-dcompgnvfterms-of-use. on-dcompgnv/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 10 DocuSign Envelope ID: OAOB006E-C67C-48B2-BC2F-DBA65COFB261 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 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 11 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- 11 Dom Sign Envelope ID: OAOB006E-C67G4862-BC2F-DBA6500FB261 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. 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. DocuSign Envelope ID: OAOB006E-C67C-488243C2F4DBA65COFB261 J. See § 75.331 Procurement of recovered materials. 13 DocuSign Envelope ID: OAOB006E-C67C4882-BC2F-DBA65COFB261 Exhibit A: Scope of Work 5676 CDIP JEFFERSON COUNTY PUBLIC HEALTH CLINICAL and CLIENT SUPPORT SERVICES June 30, 2020 through June 29, 2021 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 S 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 • Strong family history or other high risk *documentation is necessary 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 5676 CUP - Jefferson County Public Health Page 1 of 4 DocuSign Envelope ID: OAOB006E-067C-48B2-BC2F-DBA65COFB261 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 HispanictLatina • 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 PERFORMANCE REQUIREMENTS Clinical Services The Contractor will: • Make best efforts to comply and coordinate with BCCHP to meet ALL CDC and DOH Performance Indicators relevant to screenings provided. • Complete exam and reimbursement forms and, if applicable, diagnostic forms. Forms are available online at: hjW*//www.kingcou9bfgov/healthservicestheaith/chronicfbchn/downloads.asax • 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 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. 5676 CDIP - Jefferson County Public Heaifh Page 2 of 4 DocuSign Envelope ID: OAOB006E-C67C-4882-BC2F-DBA65COFB261 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 program reimbursement forms and, if applicable, diagnostic forms. Include U1390s or Health Insurance Claim Forms with reports attached. Program forms are available online at: http://www. kingcounty.gov/healthservices/health/chron ictbchg)/downioads.aspx • Make best efforts to submit reimbursement forms to BCCHP at Public Health within as • Certify that work performed under this contract does not duplicate any work charged against any other contract, subcontract, or other funding source. • Review BCCHP-generated invoices promptly and approve to BCCHP. • 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 B). 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. Please carefully review Exhibit B REIMBURSEMENT PROCEDURES BCCHP at Public Health will: • Pay for services provided within the corresponding contract period. • Send the current Fee Schedules for Breast and Cervical Cancer Screening and Diagnosis to the Contractor, as well as any subsequent revisions. Revisions will replace earlier versions. 5676 CDIP - Jefferson County Public Health Page 3 of 4 DocuSipn Envelope ID: OAOB006E-C67C 48B2-BC2F-DBA85COFB261 • 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 dWerenc es between service charges and BCCHP reimbursement. 5676 CDIP - JWenwn Cann► Public Heakh Pepe 4 of DocuSign Envelope ID: OAOB008E-MC4802-BC2F-DBA65COFB261 Exhibit B: Budget Jefferson County Public Health 615 Sheridan St Port Townsend, WA 98368 June 3u. zuzu - June Z9. zuzi BUDGET DETAIL I Initial Not to Exceed I Maximum Not to I Amount 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. ; Total i Services will be paid by 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. 5676 CDIP - Jefferson County Public Health DocuSign Envelope ID: OAOB006E-C67C48B2-SC2F-DBA65COFB261 Public Health Seattle K King County INVOICE Contract Number: 5676 CDIP Exhibit: C Contract Period of Performance: Jun 30, 2020-Jun 29, 2021 Jefferson County Public Health Jefferson County Public Health Port Townsend, WA 98368 Julia Danskin (360) 385-9420 idanskin co.iefferson.wa.us Submit signed hardcopy invoice to: Jodi Olson Breast Cervical & Colon Health Program Public Health - Seattle & King County 4015th Ave., Suite 1210 Seattle, WA 98104 Invoice for services rendered under this contract for the period of: King County AP Payment Information: JUL RELDS MUST BE COMPLETED FOR PROMPT PAYMENT PROCESSING 9ft Cm ty Account Purchase order e suppiier Dame JUi supper. 6649 supplier Pay Sibs ME Remit Address 615 S Invoke Date ftwoice Jt Amount to be Psld $0.0 Note to AP Pali Payment Type Print on Rernittance BCC Start End Date Date MM/DD/YY Jodi Ion St send,' WA9ti368 list* •) CHECK or. ACN ,206.263-8200 DPH Project Organization Expend Acct Task Award Acct CPA CFDA Amount 11234921 =207 1 531M 100 1 101562 1 ___ 17596947sl 93.898 $ - Breast Cervical & Colon Health Program irleoidng lnforlination: cAaft I Award I eudret I Previioushr Bilked Current I CumuWw Balance -Fed 11015621$ MW-00 S I s - 1 S 15 3L,4no.00 Total $ 1,400.00 $ - $ $ - $ 1,400.00 Amount Due L the underslgned, do hereby certify under the laws of the state of washingtonn penalty of penury, 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 cerofiation includes any attachments which serve as supporting documentation to this reimbursement request. Signed Date Julia Danskin Print Name PH Program Manager Approval Date Docuftn Envelope ID: OAOB006E-MC48B243C2F4DBA65COFB261 Exhibit D Order Form BCCHP Program Contract # 5676 CDIP F-1 Contractor: Jefferson County Public Health 615 Sheridan Port Townsend, WA 88368 Apple Martine amartine .j2ftrson.wa.us 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 Prior Not to Exceed Amount Total Increase or Decrease Amended Not to Exceed Amount Breast and Cervical Services: Annual exam with Clinical Breast $1400 $ $1400 Exam (CBE), problem -focused visit, Pap tests, HPV tests. Total reimbursable Contract $1400 $ $1400 Amount The total reimbursement shall not exceed the amount set forth in this Order Form ****************************************************************************** Prior Not Total Amended Not Funding Sources to Exceed Increase or to Exceed Effective Dates Amount Decrease Amount FEDERAL Federal Catalogue No. $1400 $ $1400 6130/20 — 6/29/21 93.898 TOTAL $1400 $ $1400 Public Health Signature Date Name 7/2020