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HomeMy WebLinkAboutWashington Initiative for Supported Employees (WISE), Amendment No. 2 - 072522 (3 0_3- r 1 1 7 ----lk 7ad Contract Amendment#24J: 24 cc , Between Wise And Jefferson County Public Health Developmental Disabilities Program WHEREAS, Wise(Subcontractor)and Jefferson County(County)entered into an agreement on October 15,2021 for Professional Services. To provide technical assistance,training and Consultating Services to the Jefferson County I/DD County Program;to Supported Employment and Community Inclusion and other Service Providers. WHEREAS,the parties desire to amend the terms of that agreement. IT IS AGREED BETWEEN BOTH PARTIES AS NAMED HEREIN AS FOLLOWS: A 1. The term of the above referenced agreement ends June 30,2022. 2. Subcontractor's contract will be increased by$1,100.00 in fundingfor services rendered ro during the term of June 15,2022 through June 30, 2022. Total compensation under this Agreement shall not exceed$16,100.00 without express written amendment signed by both parties. T 3. Subcontractor will provide the following services: a. A Training that will cover the basics of providing Community Inclusion services during the pandemic,with a focus on continuing to lead services back into community settings. Staff will learn how to create opportunities for participants to engage/volunteer in community-based activities and stay connected. Observation and exploration will be used to build and strengthen relationships between participants and local community members. b. A Document Training will guide the Community Inclusion Staff to uncover goals by utilizing existing services plans and case notes. Staff will be walking through current plans and applying SMART goals,case notes and next steps. 4. Subcontractor can access funding for the following: 5. Work performed between June 15, 2022 and the execution of this Agreement that is consistent with the provisions of this Agreement is hereby ratified. 6. All other terms and conditions of the agreement will remain the same. �4(,, ,.•- Dated this r day of , S ( ,2022 By: �� ( v Hei i Eisenhour, Chair Jefferson Board of County Commissioners By: C e Ce n. Cesilee Coulson, Executive Director Wise DD•21-050-A2 ATTEST: By: (kivj;' ..Carolyn Gallaw ,Clerk of the Boar APPROVED AS TO FORM ONLY: f By: , June 21, 2022 Philip C.Hunsucker, Date Chief Civil Deputy Prosecuting Attorney 4 _ 615 Sheridan Street �\ Port Townsend, WA 98368 0941/2_,,,ason www.JeffersonCountyPublicHealth.org Consent Agenda Public Healt JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark Mc Cauley, County Administrator FROM: Apple Martine, Public Health Director Anna McEnery, DD & BH Coordinator DATE: VIy (3-5, Do D-a-- SUBJECT: Agenda tem —Amendment #2 to the Professional Services Agreement—with Wise; to provide Training and Consultating Services to the Supported Employment and Community Inclusion Providers; who offer services to Individuals who experience an Intellectual/Developmental Disability in Jefferson County, Washington; October 15, 2021 —June 30, 2022; an additional $1,100.00 in funding, for a total of$16,100.00, for this agreement. STATEMENT OF ISSUE: Jefferson County Public Health, Developmental Disabilities Division, is requesting Board approval of Amendment #2 to the Professional Services Agreement with Wise. They will provide training and consultating to the Supported Employment and Community Inclusion Providers; who offer services to Individuals who experience an Intellectual/Developmental Disability in Jefferson County, Washington; October 15, 2021 —June 30, 2022; an additional $1,100.00 in funding for a total of$16,100.00, for this agreement. ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: Amendment #2 to the Professional Services Agreement with Wise; will fund the following; Training that will cover the basics of providing Community Inclusion services during the pandemic, with a focus on continuing to lead services back into community settings. Staff will learn how to create opportunities for participants to engage/volunteer in community-based activities and stay connected. Observation and exploration will be used to build and strengthen relationships between participants and local community members. A Document Training will guide the Community Inclusion Staff to uncover goals by utilizing existing services plans and case notes. Staff will be walking through current plans and applying SMART goals, case notes and next steps. Wise is a Sole Source Provider. FISCAL IMPACT/COST BENEFIT ANALYSIS : Funding for Amendment #2 to the Professional Services Agreement; is through the Developmental Disabilities Administration, (DDA), with DSHS; and is identified in the Intellectual/Developmental Disabilities County budget under Community Information and Education Services. 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 DD-21-050-A2 RECOMMENDATION: Jefferson County Public Health, the Intellectual/Developmental Disabilities Division, requests approval of Amendment #2 to the Professional Services Agreement with Wise. They will provide training and consultating to the Supported Employment and Community Inclusion Providers; who deliver services to People who experience an Intellectual/Developmental Disability in Jefferson County, Washington; October 15, 2021 —June 30, 2022; an additional $1,100.00 in funding for a total of$16,100.00, for this agreement. REVIEWED BY: 4-//e/7z,7--- Mark McCauley, dunty Administrator 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 CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: WISE(Washington Initiative for Supported Employment) Contract No: DD-21-050-A2 Contract For: Services for People who experience Intellectual/Developmental Disabilities Term: October 15, 2021-June 30, 2022 COUNTY DEPARTMENT: Jefferson County Public Health-DD Program Contact Person: Anna McEnery Contact Phone: 360-385-9410 Contact email: amcenery@co.jefferson.wa.us AMOUNT: Additional:$1,100 for a total of$16,100 PROCESS: Exempt from Bid Process Revenue: $1,1oo _ Cooperative Purchase Expenditure: Competitive Sealed Bid Matching Funds Required: _ Small Works Roster Sources(s) of Matching Funds _. Vendor List Bid Fund# PH fund#127 _ RFP or RFQ Munis Org/Obj HOD 670-12768067 _Other: APPROVAL STEPS: �, .. STEP 1:DEPARTMENT CERTIFIES CO► CEW , 3.55.080 AND CHAPTER 42.23 RCW. CE RTIFIED: ■ N/A: C ,,� June 15,2022 Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BE DEBA1j1ED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. "� // CERTIFIED: N/A: El June 15,2022 Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 6/22/2022. STEP 4:PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 6/21/2022. Contract amendment. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1 Contract Amendment#1 Between Wise And Jefferson County Public Health Developmental Disabilities Program WHEREAS, Wise(Subcontractor)and Jefferson County(County) entered into an agreement on October 15,2021 for Professional Services. To provide technical assistance,training and Consultating Services to the Jefferson County 1/DD County Program;to Supported Employment and Community Inclusion and other Service Providers. WHEREAS, the parties desire to amend the terms of that agreement. IT IS AGREED BETWEEN BOTH PARTIES AS NAMED HEREIN AS FOLLOWS: 1. The term of the above referenced agreement ends June 30,2022. 2. Subcontractor's contract will be increased by $5,000.00 in funding for services rendered during the term of May 15,2022 through June 30,2022.Total compensation under this Agreement shall not exceed$15,000.00 without express written amendment signed by both parties. 3. Subcontractor can access funding for the following: a. An Equity and Diversity Video Project that will result in the development a variety of stories that are approximately 30-min. maximum length. Wise will provide training and support so participating agencies can capture&create content related to employment and community inclusion. This content can be utilized for social media,training, employer outreach, and other avenues of promoting employment and inclusion statewide.Priority will be stories which feature Black, Indigenous, People of Color(BIPOC)and/or People with Intellectual/Developmental Disabilities who in live in rural or under-served communities. 4. Work performed between May 15, 2022 and the execution of this Agreement that is consistent with the provisions of this Agreement is hereby ratified. 5. All other terms and conditions of the agreement will remain the same. Dated this day of ,2022 By: Heidi Eisenhour,Chair Jefferson Board of County Commissioners By: Cam. aillAsM Sign Cesilee Coulson, Executive Director Wise Page 1 of 2 AD-21-050-AI PROFESSIONAL SERVICES AGREEMENT FOR Wise THIS PROFESIONAL SERVICES AGREEMENT("this Agreement")is entered into between the County of Jefferson,a municipal corporation("the County"),and Wise("the Contractor"),in consideration of the mutual benefits,terms, and conditions specified below. 1. Project Designation. The Contractor is retained by the County to perform the following Projects: To assist Jefferson County contracted Providers,by providing technical assistance and training in all aspects of Employment and Day Program Services,(these services may include Provider Evaluations& 1:1 Coaching). To work with the Jefferson County DD Program,to do the following: bring a two part series of trainings about social media and safety to the community;to collaborate with Clallam County on a First Responder Training;to look into the prospect of creating a School to Work, (S2W)and/or a Transition Program for Jefferson County;provide general support for the Community Summit. 2. Scope of Services. Contractor agrees to perform the services identified on Exhibit "A"attached hereto including the provision of all labor. 3. Time for Performance. This Agreement shall commence on October 15, 2021 and continue through June 30,2022. Work performed consistent with this Agreement during its term,put prior to the adoption of this Agreement, is hereby ratified. The Contractor shall perform all services pursuant to this Agreement as outlined on Exhibit"A". Time is of the essence in the performance of this Agreement. 4. Payment. The Contractor shall be paid by the County for completed work and for services rendered under this Agreement as follows: a. Payment for the work provided by Contractor shall be made as provided on Exhibit`B"attached hereto,provided that the total amount of payment to Contractor shall not exceed$10,000 without express written modification of the Agreement signed by the County. b. Invoices must be submitted by the 15th of the month for the previous month's expenses. Such invoices will be checked by the County, and upon approval thereof,payment will be made to the Contractor in the amount approved. Failure to submit timely invoices and reports pursuant to Exhibit"B"of the Agreement may result in a denial of reimbursement. Invoices not submitted within 60 days may be denied. c. Final payment of any balance due the Contractor of the total contract price earned will be made promptly upon its ascertainment and verification by the County after the completion of the work and submittal of reports under this Agreement and its acceptance by the County. Professional Services Agreement: WISE-2021-2022 Page 1 of 16 DD-21-050 caused by or resulting from the concurrent negligence of the Contractor and the County,its officers,officials,employees,agents and volunteers(and their marital communities)the Contractor's liability,including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW,solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance. Prior to commencing work,the Contractor shall obtain at its own cost and expense the following insurance coverage specified below and shall keep such coverage in force during the terms of the Agreement. a. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non-owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than $500,000 each occurrence with the County named as an additional insured in connection with the Contractor's performance of this Agreement. This insurance shall indicate on the certificate of insurance the following coverage: (a)Owned automobiles; (b)Hired automobiles; and, (c)Non-owned automobiles. b. Commercial General Liability Insurance in an amount not less than a single limit of one million dollars($1,000,000)per occurrence and an aggregate of not less than two(2)times the occurrence amount($2,000,000.00 minimum)for bodily injury,including death and property damage,unless a greater amount is specified in the contract specifications. The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: i. Broad Form Property Damage,with no employee exclusion; ii. Personal Injury Liability,including extended bodily injury; iii. Broad Form Contractual/Commercial Liability—including coverage for products and completed operations; iv. Premises—Operations Liability(M&C); v. Independent Contractors and subcontractors; vi. Blanket Contractual Liability. c. Professional Liability Insurance. The Contractor shall maintain professional liability insurance against legal liability arising out of activity related to the performance of this Agreement,on a form acceptable to Jefferson County Risk Management in the amounts of not less than$1,000,000 Each Claim and $2,000,000 Aggregate. The professional liability insurance policy should be on an"occurrence"form. If the professional liability policy is"claims made,"then an extended reporting periods coverage(tail coverage) shall be purchased for Professional Services Agreement: WISE-2021-2022 Page 3 of 16 retention,or the Contractor shall procure a bond guaranteeing payment of losses and related investigations,claim administration and defense expenses. 1. Any judgments for which the County may be liable,in excess of insured amounts required by this Agreement,or any portion thereof,may be withheld from payment due,or to become due,to the Contractor until the Contractor shall furnish additional security covering such judgment as may be determined by the County. m. Any coverage for third party liability claims provided to the County by a"Risk Pool"created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy of insurance the Contractor must provide in order to comply with this Agreement. n. The County may,upon the Contractor's failure to comply with all provisions of this Agreement relating to insurance,withhold payment or compensation that would otherwise be due to the Contractor. o. The Contractor's liability insurance provisions shall be primary and noncontributory with respect to any insurance or self-insurance programs covering the County,its elected and appointed officers, officials,employees,and agents. p. Any failure to comply with reporting provisions of the insurance policies shall not affect coverage provided to the County,its officers,officials,employees,or agents. q. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought,except with respect to the limits of the insurer's liability. r. The Contractor shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all the requirements stated herein. s. The insurance limits mandated for any insurance coverage required by this Agreement are not intended to be an indication of exposure nor are they limitations on indemnification. t. The Contractor shall maintain all required insurance policies in force from the time services commence until services are completed. Certificates, insurance policies,and endorsements expiring before completion of services shall be promptly replaced. All the insurance policies required by this Agreement shall provide that thirty(30)days prior to cancellation, suspension,reduction or material change in the policy,notice of same shall be given to the Jefferson County Public Health Contracts Manager by registered mail,return receipt requested. Professional Services Agreement: WISE-2021-2022 Page 5 of 16 12. Subcontracting Requirements. a. The Contractor is responsible for meeting all terms and conditions of this Agreement including standards of service,quality of materials and workmanship, costs,and schedules. Failure of a subcontractor to perform is no defense to a breach of this Agreement. The Contractor assumes responsibility for and all liability for the actions and quality of services performed by any subcontractor. b. Every subcontractor must agree in writing to follow every term of this Agreement. The Contractor must provide every subcontractor's written agreement to follow every term of this Agreement before the subcontractor can perform any services under this Agreement. The Public Health Director or their designee must approve any proposed subcontractors in writing. c. Any dispute arising between the Contractor and any subcontractors or between subcontractors must be resolved without involvement of any kind on the part of the County and without detrimental impact on the Contractor's performance required by this Agreement. 13. Covenant Against Contingent Fees. The Contractor warrants that he has not employed or retained any company or person,other than a bona fide employee working solely for the Contractor,to solicit or secure this Agreement,and that he has not paid or agreed to pay any company or person,other than a bona fide employee working solely for the Contractor, any fee, commission,percentage,brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty,the County shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration,or otherwise recover,the full amount of such fee,commission,percentage,brokerage fee,gift, or contingent fee. 14. Discrimination Prohibited. The Contractor,with regard to the work performed by it under this Agreement,will not discriminate on the grounds of race,color,national origin,religion,creed,age,gender,sexual orientation,material status, sex,or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 15.No Assignment. The Contractor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the County. Assignment does not include printing or other customary reimbursable expenses that may be provided in an agreement. 16.Non-Waiver. Waiver by the County of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 17. Termination. a. The County reserves the right to terminate this Agreement at any time by giving ten(10)days written notice to the Contractor. Professional Services Agreement: WISE-2021-2022 Page 7 of 16 pursuant to the terms of this Agreement shall be submitted in writing within 10 days to the County Risk Manager,whose decision in the matter shall be final,but shall be subject to judicial review. If either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this Agreement,each party in such action shall bear the cost of its own attorney's fees and court costs. Any legal action shall be initiated in the Superior Court of the State of Washington for Jefferson County. The parties agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The Contractor hereby consents to the personal jurisdiction of the Superior Court of the State of Washington for Jefferson County. 22. Section Headings. The headings of the sections of this Agreement are for convenience of reference only and are not intended to restrict,affect,or be of any weight in the interpretation or construction of the provisions of the sections or this Agreement. 23. Limits of Any Waiver of Default. No consent by either party to,or waiver of,a breach by either party,whether express or implied, shall constitute a consent to, waiver of, or excuse of any other,different,or subsequent breach by either party. 24.No Oral Waiver. No term or provision of this Agreement will be considered waived by either party, and no breach excused by either party,unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. Failure of a party to declare any breach or default immediately upon the occurrence thereof,or delay in taking any action in connection with,shall not waive such breach or default. 25. Severability. Provided it does not result in a material change in the terms of this Agreement,if any provision of this Agreement or the application of this Agreement to any person or circumstance shall be invalid,illegal,or unenforceable to any extent, the remainder of this Agreement and the application this Agreement shall not be affected and shall be enforceable to the fullest extent permitted by law. 26.Binding on Successors, Heirs and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest,heirs,and assigns. 27. No Assignment. The Contractor shall not sell, assign,or transfer any of rights obtained by this Agreement without the express written consent of the County. 28.No Third-party Beneficiaries. The parties do not intend,and nothing in this Agreement shall be construed to mean,that any provision in this Agreement is for the benefit of any person or entity who is not a party. 29. Signature in Counterparts. The parties agree that separate copies of this Agreement may be signed by each of the parties and this Agreement shall have the same force and effect as if all the parties had signed the original. 30. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. Professional Services Agreement: WISE-2021-2022 Page 9 of 16 undergo not less often than once every three(3)years another Jefferson County approved criminal history and background check; c. Ensure all employees,subcontractors,or volunteers are knowledgeable about the requirements of RCW 13.40.570 and of the new crimes included in RCW 9A.44, Sexual Offense; d. Sign the Contractor Requirements for Responding to Situation of Sexual Misconduct Form,and shall submit to Jefferson County with signed Agreement. DATED this day of ,20 (SIGNATURES FOLLOW ON THE NEXT PAGE) Professional Services Agreement: WISE-2021-2022 Page 11 of 16 EXHIBIT A Scope of Work Wise October 15,2021—June 30,2022 RESPONSIBILITIES: Public Health,as administrator of the Jefferson County DD Program Funds,and Wise agree that Wise will provide services to individuals as described in this Contract,further agrees to comply with the stipulations contained in: EXHIBIT A: Scope of Work: EXHIBIT B: Fee Schedule: and Wise as a contracted provider,agrees to: 1. Description of purpose and services to be provided: 2. Wise will support the following activities: a) Contractor will work with Jefferson County contracted Providers,to provide technical assistance and training in all aspects of Employment and Day Program Services,for participants currently receiving Individual Supported Employment or Community Inclusion Services. These services may include Provider Evaluations& 1:1 Coaching. b) Contractor will work with the Jefferson County DD Program to bring a two part series of Trainings on Social Media and Safety to the Community: i. #1 Staying Smart with Social Media ii. #2 Building Healthy relationships: In Person and Online c) Contractor will work with the Jefferson County DD Program to collaborate with Clallam County and other Counties on a First Responder Training. d) Contractor will work with the County, Self-Advocates, Students, School Districts, Providers,DDA,DVR and the Transition Network to look into the prospect of creating a School to Work,(S2W)and/or a Transition Program for Jefferson County. e) Contractor will work with the Jefferson County DD Program to provide general support for the Community Summit. 3. The Contractor will complete Developmental Disabilities background checks per WAC 388-06 Background/Criminal History Checks for all staff providing direct services to clients. 4. The Contractor will ensure all staff follow Developmental Disabilities Administration Policy 5.13 and Policy 6.08 regarding Mandatory Reporting and Incident Reporting Requirements for County Contracted service providers. Professional Services Agreement: WISE-2021-2022 Page 13 of 16 EXHIBIT B Fee Schedule 2021/2022 Wise October 15,2021—June 30,2022 Service Budget Contractor will work with Jefferson County contracted Hourly rate for Wise staff, Providers,to provide technical assistance and training in including admin fee 14% all aspects of Employment and Day Program Services,for participants currently receiving Individual Supported Employment or Community Inclusion Services. Hourly rate for Wise staff or subcontracted rates,including Provider Evaluation& 1:1 Coaching admin fee 14% Social Media Series: Hourly rate for Wise staff or #1 Staying Smart with Social Media subcontracted rates,including admin fee 14% #2 Building Healthy relationships:In Person and Online Hourly rate for Wise staff or First Responder Training w/Clallam County and other subcontracted rates, including counties admin fee of 14% Hourly rate for Wise staff or subcontracted rates,including Creating a School to Work,(S2W)Project admin fee 14% Community Summit General Support Flat Rate of$1,000 to$2,000 TOTAL BUDGET $10,000 Not to exceed$10,000 in completion of services for the duration of this contract without express written amendment signed by both parties. Professional Services Agreement: WISE-2021-2022 Page 15 of 16