HomeMy WebLinkAboutTyler Technologies e V _ Consent Agenda
615 Sheridan Street
09ellason Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
Public Healt
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Pinky Feria Mingo,Director,Environmental Health and
Water Quality
DATE:
SUBJECT: Tyler Technologies—Consulting Contract for Digital Retail
Food Inspection Checklist
STATEMENT OF ISSUE:
Jefferson County Public Health is seeking approval to contract consulting services with Tyler
Technologies to recreate the State of Washington Department of Health(DOH)Food Establishment
Inspection Report form(attached). The DOH form is used as part of the inspection done at food
establishments semi-annually/annually. The proposed solution is to create an inspection custom field
layout for Food Service Inspection Case that emulates the attached Food Establishment Inspection Report
to be used with Tyler Technologies IG Inspect iPad application.
ANALYSIS/STRATEGIC GOALS:
Jefferson County launched the EPL Database in December of 2022,which will ultimately streamline
our processes by going digital. Creating a digital inspection form for the Retail Food Inspection
Checklist is a desired enhancement that will allow us to efficiently complete retail food inspections.
The digital inspection form will integrate with the EPL ilnspect app,enabling inspectors to enter
inspection data into iPads in the field and data to be transmitted directly into the EPL database.
FISCAL IMPACT:
Consultation cost are covered by the Foundational Public Health Services funds,through the
consolidated contracts with Department of Health.
RECOMMENDATION:
We recommend approving the contract with Tyler Technologies not to exceed$10,000 to develop a
proof of concept,estimated at$1,400 and for the final product Tyler estimates$7,700 for the final
product development.
REVIEWED-B c--
1 •
Mark Mc au eytounty Administr for Date
Community Health Environmental Public Health
Developmental Disabilities Water Quality
360-385-9400 360-385-9444
360-385-9401 (f) Always working for a safer and healthier community (f) 360-379-4487
EH-24-020
CONTRACT REVIEW FORM I Clear Form I
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Tyler Technologies, Inc. Contract No: EH-24-020
Contract For: Food Inspection Form consulting Term: 5/1/2024 - 6/30/2024
COUNTY DEPARTMENT: Environmental Health
Contact Person: Pinky Mingo
Contact Phone: 476
Contact email: pmingo@co.jefferson.wa.us
AMOUNT: not to exceed$10,000 PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: $10,000 Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s)of Matching Funds Vendor List Bid
Fund# 127 RFP or RFQ
Munis Org/Obj 12756210 Other:
APPROVAL STEPS:
STEP 1:CERTIFIED:DEPARTMENT CERTIFIES COMP �1 YE I� 5.080 AND CHAPTER 42.23 RCW.
r� May 1,2024
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY. C //� �`
CERTIFIED: N/A: n May 1,2024
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 5/2/2024.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 5/2/2024.
County standard PSA language
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
PROFESSIONAL SERVICES AGREEMENT FOR
TYLER TECHNOLOGIES,INC.—CONSULTATION
THIS PROFESSIONAL SERVICES AGREEMENT ("this Agreement") is entered into between
the County of Jefferson, a municipal corporation("the County"), and Tyler Technologies, Inc.
("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 Project: Proof of Concept and if accepted the Red-Blue Food Inspection
Form.
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 May 1, 2024 and
continue through June 30th, 2024. Work performed consistent with this Agreement
during its term, but 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 10th 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.
d. Consultant shall provide invoices and necessary backup documentation for all
services including timesheets and statements (specifying the services provided).
Any indirect charges require the submittal of an indirect cost methodology and
rate using 2 C.F.R. Part 255 and 2 C.F.R. Part 230.
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 1 of 17
EH-24-020
e. The Contractor's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the County and state for a period of
six(6)years after final payments. Copies shall be made available upon request.
5. Ownership and Use of Documents. All non-confidential or de-identified documents,
drawings, specifications, and other materials produced by the Contractor in
connection with the services rendered under this Agreement shall be the property of
the County whether the project for which they are made is executed or not. The
Contractor shall be permitted to retain copies, including reproducible copies, of
drawings and specifications for information,reference and use in connection with
Contractor's endeavors. Contractor shall not be held liable for reuse of documents or
modifications thereof, including electronic data,by County or its representatives for
any purpose other than the intent of this Agreement.
6. Compliance with Laws. Contractor shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this
Agreement.
7. Audit. An audit will be submitted to the County upon request. Upon request,
Contractor will submit the most recent financial audit within 30 days.
a. Upon request the County shall have the option of performing an onsite review of
all records, statements, and documentation.
b. If the County finds indications of potential non-compliance during the monitoring
process,the County shall notify Contractor within ten(10) days. County and
Contractor shall meet to discuss areas of contention in an attempt to resolve
issues.
c. Audit will provide statements consistent with the guidelines of Reporting for
Other Non-Profit Organizations AICPA SOP 78-10, and is performed in
accordance with generally accepted auditing standards and with Federal Standards
for Audit of Governmental Organizations, Programs, Activities and Functions,
and meeting all requirements of 2 C.F.R. Part 200, as applicable.
8. Indemnification. The Contractor shall defend, indemnify and hold the County, its
officers, officials, employees, agents and volunteers (and their marital communities)
harmless from any claims, injuries, damages, losses or suits, including attorney's fees,
arising out of or resulting from the acts, errors or omissions of the Contractor in
performance of this Agreement, except for injuries and damages caused by the sole
negligence of the County. Should a court of competent jurisdiction determine this
Agreement is subject to RCW 4.24.115 if liability for damages occurs arising out of
bodily injury to persons or damages to property 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, shall be only for the Contractor's
negligence. It is further specifically understood that the indemnification provided
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 2 of 17
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. 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
three (3)years after the end of this Agreement, at the Contractor's sole expense.
The Contractor agrees the Contractor's insurance obligation to provide
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 3 of 17
professional liability insurance shall survive the completion or termination of this
Agreement for a minimum period of three (3)years.
d. The County shall be named as an"additional named insured"under all insurance
policies required by this Agreement, except Professional Liability Insurance when
not allowed by the insurer.
e. Such insurance coverage shall be evidenced by one of the following methods:
(a) Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of
Credit from a qualified financial institution.
f. The Contractor shall furnish the County with properly executed certificates of
insurance that, at a minimum, shall include: (a) The limits of overage; (b) The
project name to which it applies; (c) The certificate holder as Jefferson County,
Washington and its elected officials, officers, and employees with the address of
Jefferson County Public Health 615 Sheridan Street, Port Townsend, WA 98368,
and, (d)A statement that the insurance policy shall not be canceled or allowed to
expire except on thirty(30) days prior written notice to the County. If the proof
of insurance or certificate indicating the County is an"additional insured"to a
policy obtained by the Contractor refers to an endorsement(by number or name)
but does not provide the full text of that endorsement,then it shall be the
obligation of the Contractor to obtain the full text of that endorsement and
forward that full text to the County. Certificates of coverage as required by this
section shall be delivered to the County within fifteen(15) days of execution of
this Agreement.
g. Failure of the Contractor to take out or maintain any required insurance shall not
relieve the Contractor from any liability under this Agreement, nor shall the
insurance requirements be construed to conflict with or otherwise limit the
obligations concerning indemnification of the County.
h. The Contractor's insurers shall have no right of recovery or subrogation against
the County (including its employees and other agents and agencies), it being the
intention of the parties that the insurance policies, with the exception of
Professional Liability Insurance, so affected shall protect both parties and be
primary coverage for all losses covered by the above described insurance.
i. Insurance companies issuing the policy or policies shall have no recourse against
the County(including its employees and other agents and agencies) for payment
of any premiums or for assessments under any form of policy.
j. All deductibles in the above described insurance policies shall be assumed by and
be at the sole risk of the Contractor.
k. Any deductibles or self-insured retention shall be declared to and approved by the
County prior to the approval of this Agreement by the County. At the option of
the County,the insurer shall reduce or eliminate deductibles or self-insured
Professional Services Agreement, JC PH, Version 3, PAO Approved 7/12/2021 Page 4 of 17
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, JCPH, Version 3, PAO Approved 7/12/2021 Page 5 of 17
u. The Contractor shall place insurance with insurers licensed to do business in the
State of Washington and having A.M. Best Company ratings of no less than A-,
with the exception that excess and umbrella coverage used to meet the
requirements for limits of liability or gaps in coverage need not be placed with
insurers or re-insurers licensed in the State of Washington.
v. The County reserves the right to request additional insurance on an individual
basis for extra hazardous contracts and specific service agreements.
10. Worker's Compensation(Industrial Insurance).
a. If and only if the Contractor employs any person(s) in the status of employee or
employees separate from or in addition to any equity owners, sole proprietor,
partners, owners or shareholders of the Contractor, the Contractor shall maintain
workers' compensation insurance at its own expense, as required by Title 51
RCW, for the term of this Agreement and shall provide evidence of coverage to
Jefferson County Public Health, upon request.
b. Worker's compensation insurance covering all employees with limits meeting all
applicable state and federal laws. This coverage shall include Employer's
Liability with limits meeting all applicable state and federal laws.
c. This coverage shall extend to any subcontractor that does not have their own
worker's compensation and employer's liability insurance.
d. The Contractor expressly waives by mutual negotiation all immunity and
limitations on liability,with respect to the County,under any industrial insurance
act, disability benefit act, or other employee benefit act of any jurisdiction which
would otherwise be applicable in the case of such claim.
e. If the County incurs any costs to enforce the provisions of this subsection, all cost
and fees shall be recoverable from the Contractor.
11. Independent Contractor. The Contractor and the County agree that the Contractor is
an independent contractor with respect to the services provided pursuant to this
Agreement. The Contractor specifically has the right to direct and control
Contractor's own activities, and the activities of its subcontractors, employees,
agents, and representatives, in providing the agreed services in accordance with the
specifications set out in this Agreement. Nothing in this Agreement shall be
considered to create the relationship of employer and employee between the parties.
Neither Contractor nor any employee of Contractor shall be entitled to any benefits
accorded County employees by virtue of the services provided under this Agreement,
including,but not limited to: retirement,vacation pay; holiday pay; sick leave pay;
medical, dental, or other insurance benefits; fringe benefits; or any other rights or
privileges afforded to Jefferson County employees. The County shall not be
responsible for withholding or otherwise deducting federal income tax or social
security or for contributing to the state industrial insurance program, otherwise
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 6 of 17
assuming the duties of an employer with respect to Contractor, or any employee of
Contractor.
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.
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 7 of 17
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.
b. In the event of the death of a member,partner, or officer of the Contractor, or any
of its supervisory personnel assigned to the project,the surviving members of the
Contractor hereby agree to complete the work under the terms of this Agreement,
if requested to do so by the County. This section shall not be a bar to
renegotiations of this Agreement between surviving members of the Contractor
and the County, if the County so chooses.
c. The County reserves the right to terminate this contract in whole or in part, with
10 days' notice, in the event that expected or actual funding from any funding
source is withdrawn, reduced, or limited in any way after the effective date of this
agreement. In the event of termination under this clause,the County shall be
liable for only payment for services rendered prior to the effective date of
termination.
18.Notices. All notices or other communications which any party desires or is required
to give shall be given in writing and shall be deemed to have been given if hand-
delivered, sent by facsimile, email, or mailed by depositing in the United States mail,
prepaid to the party at the address listed below or such other address as a party may
designate in writing from time to time. Notices to the County shall be sent to the
following address:
Jefferson County Public Health Department
615 Sheridan Street
Port Townsend, WA 98368
Notices to Contractor shall be sent to the following address:
Tyler Technologies, Inc.
One Tyler Drive
Yarmouth, ME 04096
19. Integrated Agreement. This Agreement together with attachments or addenda
represents the entire and integrated Agreement between the County and the
Contractor and supersedes all prior negotiations, representations, or agreements
written or oral. No representation or promise not expressly contained in this
Agreement has been made. This Agreement supersedes all prior or simultaneous
representations, discussions, negotiations, and agreements, whether written or oral, by
the County within the scope of this Agreement. The Contractor ratifies and adopts all
statements,representations, warranties, covenants, and agreements contained in its
proposal, and the supporting material submitted by the Contractor, accepts this
Agreement and agrees to all of the terms and conditions of this Agreement.
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 8 of 17
20. Modification of this Agreement. This Agreement may be amended only by written
instrument signed by both County and Contractor.
21. Disputes. The parties agree to use their best efforts to prevent and resolve disputes
before they escalate into claims or legal actions. Any disputed issue not resolved
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.
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 9 of 17
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.
31. Arms-Length Negotiations. The parties agree that this Agreement has been
negotiated at arms-length,with the assistance and advice of competent, independent
legal counsel.
32. Public Records Act. Notwithstanding the provisions of this Agreement to the
contrary,to the extent any record, including any electronic, audio,paper or other
media, is required to be kept or indexed as a public record in accordance with the
Washington Public Records Act, Chapter 42.56 RCW, as may hereafter be amended,
the Contractor agrees to maintain all records constituting public records and to
produce or assist the County in producing such records, within the time frames and
parameters set forth in state law. The Contractor further agrees that upon receipt of
any written public record request, Contractor shall, within two business days, notify
the County by providing a copy of the request per the notice provisions of this
Agreement.
33. Confidentiality. With respect to all information relating to County that is confidential
and clearly so designated, as required by the Health Insurance Portability and
Accountability Act(HIPAA) and any other applicable privacy laws, the Contractor
agrees to keep such information confidential. The Contractor shall not disclose,
transfer, or sell any such information to any party, except as provided by law or, in
the case of personal information, with the prior written consent of the person to whom
the personal information pertains. The Contractor shall maintain the confidentiality
of all personal information and other information gained by reason of this Agreement,
and shall return or certify the destruction of such information if requested in writing
by Jefferson County. This Agreement, once executed, will be a"public record"
subject to production to a third party if same is requested pursuant to• the Washington
Public Records Act, Chapter 42.56 RCW, as may hereafter be amended.
34. Criminal History/Background Check. Each of the Contractor's employees, the
employees of any of the Contractor's approved subcontractor, or volunteers used by
the Contractor shall submit to a Washington State Patrol fingerprint identity and
criminal history check before they are authorized to perform services for the Project.
The County agrees to bear all reasonable costs incurred in the performance of this
fingerprint identity and criminal history check. Contractors who may or will have
regular access or limited access to any juveniles shall also:
a. Require that each of the Contractor's employees, the employees of any of the
Contractor's approved subcontractor, or volunteers used by the Contractor
undergo not less often than once every three (3)years another Jefferson County
approved criminal history and background check;
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 10 of 17
b. 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;
c. Sign the Contractor Requirements for Responding to Situation of Sexual
Misconduct Form, and shall submit to Jefferson County with signed Agreement.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 11 of 17
SIGNATURE PAGE
JEFFERSON COUNTY WASHINGTON TYLER TECHNOLOGIES, INC.
Board of County Commissioners
Jefferson County, Washington
By: By:
Kate Dean, Chair Date Signature
By: Name:
Greg Brotherton, Commissioner Date
Title:
By: Date:
Heidi Eisenhour, Commissioner Date
SEAL:
ATTEST:
Carolyn Gallaway, Date
Clerk of the Board
Approved as to form only:
May 2, 2023
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 12 of 17
Exhibit A
Scope of Work
Tyler Technologies
Proof of Concept and Form Development
Jefferson County Public Health is seeking consulting services with Tyler Technologies to recreate the
State of Washington Department of Health(DOH)Food Establishment Inspection Report form
(attached). The DOH form is used as part of the inspection done at food establishments semi-
annually/annually. The proposed solution is to create an inspection custom field layout for Food
Service Inspection Case that emulates the attached Food Establishment Inspection Report to be used
with Tyler Technologies IG Inspect iPad application.
Tyler Technologies will provide Jefferson County with a proof of concept for recreating the State of
Washington Department of Health Retail Food Inspection Form(Red/Blue) form (Attachment 1) and
if the Proof of Concept is approved,develop the Retail Food Inspection Form. The proof of concept
shall:
❑ Complete entry screen and print example for three of the red high-risk factors and three of the
blue low risk factors so what we can see the sum of the scores is adding correctly. (Sum of
Red point boxes and sum of blue point boxes.
❑ Ensure ROW 17, shows the ability to choose a point value of 25 or 5, depending on how
egregious the violation is.
❑ Ensure the Red high-risk factor points with repeat box checked,the sum total is updated in
the"Repeat Red"box.
❑ Ensure Red high-risk factor points totals are updated in the Total Points, Red Points and
Repeat Red points.
❑ Ensure the Blue low-risk factor points totals are updated in the Total Points.
❑ Ensure the Red and blue points are totaled together and put in the"Total Points"box
❑ Ensure the name, address, city,establishment type,risk category, and phone are pre-
populated based on data in EPL
❑ Enforce start date and time. Don't allow entry of other boxes until start date and time are
entered.
❑ Capture signatures of the inspector and Person in Charge (PIC)
❑ Has the ability to insert free form comments
❑ Has the ability to be completed on an Ipad in the field with the data going into fields that are
created by Tyler. Please consider the below complexities of how EPL is currently configured:
o Data regarding"Pre-opening"and"Other"(Post-Opening) inspections is documented
in the Workflow on the FEP permit case.
o Data regarding"Routine","Illness Investigation", and"Complaint" inspections is
documented in the Recurring Inspection case which is linked to the parent FEP case.
o Data regarding"Temporary" inspections is documented in the Workflow on the TFS
case.
❑ I-pad form can be different than the paper form—maybe single columns so the check boxes
are larger
❑ Demonstrate that red and blue sections can be printed in font, size and shape as they are on
the form.
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 13 of 17
❑ Ultimately, we must have the form print exactly like the State form in order to have this
accepted.
❑ Print file directly into EPL file location for the particular inspection in pdf format
❑ Must be printable from the iPad using a portable printer
❑ Must be completed by June 30,2024
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 14 of 17
Attachment 1
Food Establishment Inspection Report Page of
FOR OFFICE USE ONLY-- a+.o*srar.r.t
�I�Health
r EMAIL
1
NAME OF ESTABLISHMENT ADDRESS OR LOCATION
Cm
MEALS SERVED B L D C 0 PURPOSE OF O Routine 0 Preoperational 0 Reinspection ESTABLISHMENT TYPE `RISK CATEGORY
i MEALS OBSERVED B L D C 0 INSPECTION 0 Illness Investigation ❑Temporary CI Complaint
❑Other:
DATE TIME IN ELAPSED TIME TOTAL POINTS RED POINTS REPEAT RED PHONE
RED HIGH RISK FACTORS- FOODEOF' - ''ISK FACTORS&INTERVENTIONS
High Risk Factors are improper practices or procedures identified as the most prevalent contributing factors of foodborne illness or injury.
Circles Indicate oomph nce status ON,OUT,WO,N/A)for each Hem.
IN=In Compliance OUT=Not In Compliance WO=Not Observed N/A=Not Applicable CDI=Corrected During Inspection R=Repeat Violation
% Cam•ierxe Status CDI R PTS % Can Hance Status CDI R PTS
Demonstnhmn•:A Kn Sedge
PIC present,demonstrates knowledge
1 IN OUT and performs duties to maintain AMC; ❑ ❑ 5 16 IN OUT N/A WO Proper cooling procedures 0 0 25
certified manager on staff unless exempt
2 IN OUT WA Food Worker Cards current for all food
workers'new food workers trained 13 ❑ 5 17 IN OUT N/A N/O Proper led holding temperatures 0 0 25
Employee Health (5 pis if 130°F to 134°F) (5)
Proper ill worker and conditional employee proper t d cooking time anemperature;
3 IN OUT practices;no ill workers present;proper 0 13 25 25 18 IN OUT N N/O er use of noncom and
enr cookin 0 ❑ 25
re•ortin,of illness Prof g
Preventing Contamination by Hands No room temperature storage;proper use of
19 IN OUT N/A N/O time as a control ❑ •❑ 25
4 IN OUT WO Hands washed as required ❑ ❑ 25 ir
20 IN OUT N/A N/O Proper reheating procedures for led holding 0 0 15
5 IN OUT WA N10 Proper barriers used to prevent bare hand a
❑ 25Proper cold holding temperatures 10
contact with ready-to-eat foods 21 IN OUT N/A _Aids if 42°F to 45°F) ❑ ❑ (5)
6 IN OUT Adequate handwashing facilities 13 1310 22 IN OUT N/A Accurate thermometer provided and used to ❑ ❑ 6
evaluate tem.-rature of TCS foods
Approved Source.Wholesome.Not Adulterated Consumer Advisory .
7 IN OUT Food obtained from approved source ❑ ❑ Proper consumer advisory
8 IN OUT Water supply,ice from approved source ❑ ❑ 15 23 IN OUT N/A undercooked foods posted for raw or CI 13 5
9 IN OUT N/A N/O Proper washing of fruits and vegetables 0 0 10 Hi.hl Susceptible Pc pulations
10 IN OUT Food in good condtion,safe,and 0 ❑ 10 Pasteurized foods used as required;prohibited
unadulterated;approved additives 24 IN OUT N/A foods not offered q ❑ 0 10
Proper disposition of returned unsafe,or
11 IN OUT contaminated food;proper date marking ❑ ❑ 10 Chemical
procedures for food at high risk for Listen.
Toxic 12 IN OUT N/A N/O Proper sheflstock ID;wild mushroom ID; ❑ ❑ 5 25 IN OUT used substances properly identified,storod, ❑ ❑ 10
•arasite destruction•rocedures for fish
Protection from Cross Contamination Confomi once with Approved Procedures
13 IN OUT N/A N/O Food contact surfaces cleaned and Compliance with valid permit;operating and risk
sanitized;no cross contamination 13 ❑ 15 26 IN OUT ❑ ❑ 10
control plans,and required written procedures
14 IN OUT N/A N/O Raw meats below or away from ready-to- ❑ ❑ 5 27 ,IN OUT WA Compliance with variance;specialized ❑ ❑ 10
eat food;species separated •rocesses'HACCP•Ian
15 IN OUT N/A WO Proper preparation of raw shell eggs 0 ❑ 5 Red Points
Ftl.UT IO,Pi RISK FACTORS—GOOD RETAIL PRACTICES
Low Risk Factors are•reventive measures to control the addition of•atho•ens,chemicals,and• -Ical ob ects Into foods.Circled•-Imo Indicate stems not In coin Hence.
Food Temper eture Control CDI R PTS Utensils and Equipment CDI R PTS
28 Food received at proper temperature ❑ 0 5 40 Food and nonfood surfaces properly used and constructed; ❑ ❑ 5
cleanable
29 Adequate equipment for temperature control CI ❑ 5 41 Werewasleng facilities properly installed maintained used; ❑ ❑ 5
sanitizer concentration;test strips available and used
30 Pro•_r thawin,methods used ❑ ❑ 3 42 Food-contact surfaces maintained,cleaned,sanitized 0 0 5
Food Identification 43 Nonfood-contact surfaces maintained end clean 0 0 3
31 Food•ro•erl labeled;•o•-r date markin• ❑ ❑ 6 Physical Facilities
Protection from Contamination AA Plumbing properly sized,instated,and maintained;proper 0 0 6
32 Insects,rodents,animals not present;entrance controlled ❑ ❑ 5
backflow devices,indrect drains,no cross-connections
Potential food contamination prevented during delivery, ❑ 0 5 45 Sewage,wastewater properly disposed ❑ ❑ 5
preparation,storage,display
34 Wiping cloths properly used,stored;sanitizer concentration (7 O 5 46 Toilet facilities properly constructed,supplied,cleaned 1 ❑ 3
35 Employee cleanliness and hygiene 0 0 3 47 Garbage,refuse properly disposed;facilities maintained 0 0 3
36 Proper eating,tasting,drinking,or tobacco use CI 0 3 48 Physical facilities properly installed,maintained,cleaned; ❑ ❑ 2
unnecessary persons excluded from establishment
Proper Use of Utensils 49 Adequate ventilation,lighting;designated areas used 0 0 2
37 In-use utensils properly stored 0 0 3 50 Postin of rmit;mobile establishment name easi visible 0 ❑ 2
38 Utensils,equipment,linens properly stored,used,handled ❑ ❑ 3 c •,
39 Single-use and single-service articles properly stored,used ❑ ❑ 3 Use the following blank lines to write comments.
Person In Charge Person In Charge
Si nature _ (Print Name) Date
egulatory Authority Regulatory Authority
Si nature (Pant Name) Follow-up Needed? Yes No
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 15 of 17
RestrictionslExclusion of III Food Workers TCS Foods
and Required Notification Time/Temperature Control for Safety Foods require time and temperature
Healthy food workers are important to prevent foodborne illness.Sick food control for safety.TCS Foods include:
workers are required to notify the PIC of illnesses that can spread to food. Animal Products
The PIC is required to exclude(prevent employees from working in the food • Meat,fish,poultry,seafood,eggs
establishment)or restrict(keep employees from handling unwrapped food, • Dairy products
utensils,or clean food service items)workers with the following conditions. Cooked Starches
PIC must exclude food employees with: • Cooked rice,beans,pasta,potatoes
• Symptoms including diarrhea,vomiting,or jaundice*. Workers with Fruits and Vegetables
diarrhea or vomiting may not retum to work until at least 24 hours after • Cooked vegetables
symptoms have stopped. • Tofu
• A diagnosed illness*from Salmonella,Shigella,Shiga toxin-producing • Sprouts(such as alfalfa or bean sprouts)
E.co/i,norovirus,or hepatitis A.Workers with diagnosed foodborne • Cut melons
illnesses or jaundice may not return to work until approved by the • Cut leafy greens
regulatory authority/local health officer. • Cut tomatoes
PIC must restrict food employees with: Internal Cooking Temperatures
• Infected, uncovered wounds 135°F • Plant foods for hot holding
• Persistent sneezing,coughing,or runny nose.
• Unpasteurized eggs
• Sore throat with fever(exclude if serving a highly susceptible population)
• Fish,except as listed below
• Exposure to an environment,food,or people with diagnosed foodbome
illnesses/outbreaks,if serving a highly susceptible population. 145°F for 15 seconds . Meat,except as listed below
PIC Notification to Regulatory Authority • Pork,except as listed below
"The PIC must notify the Regulatory Authority if a food worker has jaundice or • Commercially raised game animals,rabbits
a diagnosed illness that can be transmitted through food or if the food • Ground or comminuted meats or fish
establishment receives a foodbome illness complaint. 158°F<1 second • Injected or mechanically tenderized meats
instantaneous • Ratites(ostrich,rhea,emu)
Handwashing and Preventing Bare Hand Contact
Handwashing must take at least 20 seconds and include a 10-15 second • Eggs,not for immediate service
scrub,a thorough rinse,and a complete drying of the hands. • Poultry
Bare hand contact with ready-to-eat foods is prohibited. 165°F<1 second • Stuffed foods including:fish,meat,pasta,
Single-use gloves,tongs,utensils,or other approved methods must be used instantaneous poultry
when handling ready-to-eat foods. • Stuffing containing fish,meat,or poultry
• Wild game animals
Food Safety Training Requirement WAC 246-215-03400(2) Whole meat roasts;ham
All food workers must have a valid Washington FWC within 14 calendar Holding Temperatures 41°F or less;135°F or greater
days of hire.Copies must be available upon request.
New employees without valid FWCsmust be given food safety training before Cooling
beginning food handling duties.The training must be documented and kept Cool foods in shallow pans with a food depth of 2 inches or less,uncovered,
onsite. refrigerated at 41°F,and protected from contamination.
Initial FWCs are valid for 2 years and renewal cards are valid for 3 years. or
Cool foods from 135°F to 70°F within 2 hours andfinish cooling food to 41°F The FWC must be renewed within 60 days before the card expires.
within a total of 6 hours using the following MONITORED cooling options:
Active Managerial Control&Certified Food Protection Manager • Rapid cooling equipment
All Persons in Charge must maintain Active Managerial Control at all • Ice bath
times.Unless exempted,each food establishment must have access to a • Other methods that meet the time temperature criteria
Certified Food Protection Manager.A copy of the valid certificate must be
available upon request. Abbreviations
AMC Active Managerial Control
Imminent Health Hazards BHC Bare Hand Contact
Stopping Operation&Reporting FWC Food Worker Card
A food establishment must immediately stop operations and notify the PIC Person in Charge
Regulatory Authority if an imminent health hazard may exist due to: ROP Reduced Oxygen Packaging
• Foodborne illness outbreak TCS Time/Temperature Control for Safety
• Fire
• Flood References
• Loss of electricity Chapter 246-215 Washington Administrative Code(WAC)
• Lack of hot water or loss of water service Chapter 246-217 Washington Administrative Code(WAC)
• Sewage backup Chapter 69.06 Revised Code of Washington(RCW)
• Misuse of toxic or poisonous materials 2017 FDA Food Code
• Any circumstance that may endanger public health www.foodworkercard.wa.gov(Website for Food Worker Cards)
DOH 332-035A(Revised December 2021)
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 16 of 17
Exhibit B
Budget
Proof of Concept 1,400
Final Red/Blue Digital Form 7,700*
* Upon acceptance of
the Proof of Concept
Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 17 of 17