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,/'ON--.' Consent Agenda
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J'EF ERSON COUNTY
BOARD OF C UNTY COMMISSIONERS
TO: Board of Co nty Commissioners
Philip Morle ,County Administrator
FROM:
DATE:
----r-'
--1l~ N E 2 I LD I 0
SUBJECT: Agenda Item Professional Services Agreement - Concerned Citizens
for Birth - 3 ears Services, Amendment #1; October 1, 2009 - June
30, 2010; les $2,246 total $4,637.00
STATEMENT OF ISSUE:
Jefferson County Public Health, Developmen al Disabilities Division, is requesting Board approval of the
Professional Services Agreement - Concerne Citizens for Birth - 3 Years SelVices, Amendment #1;
October 1, 2009 - June 30, 2010; less $2,24 total $4,637.00.
ANALYSIS STRATEGIC GOALS PRO and CON'S:
Concerned Citizens will continue to provide ssessment; intervention, education and specialized therapy for
children birth to age three who are suspecte of having a developmental delay or disability. Concerned
Citizens develops Individualized Family Servi e Plans (IFSP's) designed to meet the needs of each eligible
infant or toddler while meeting the needs of the family related to enhancing the infant or toddler's
development. Each IFSP contains parent pi nned priorities and outcomes for each child. Each contains
.. goals and objectives as well as evaluative and documentation tools for intervention service and funding
sou rces.
FISCAL IMPACT COST BENEFIT AN LYSIS:
The agreement is funded through a contract with the DSHS Division of Developmental Disabilities. Total
compensation for amendment will not excee $4,637 .00.
COMMUNITY HEALTH
DEVELOPMENTAL DISABiliTIES
MAIN: (360) 385-9400
FAX: (360) 385-9401
P BLle HEALTH
ALW VS WORKING FOR A SAFER AND
HE LIHIER COMMUNITY
ENVIRONMENTAL HEALTH
WATER QUALITY
MAl N: (360) 385-9444
FAX: (360) 379-4487
Consent Agenda
RECOMMENDATION:
..~ JCPH management request approval of the P ofessional Services Agreement - Concerned Citizens for Birth
3 Years Services, Amendment #1; October 1 2009 - June 30, 2010; less $2,246 total $4,637.00.
REVIEWED BY:
~.ct?
Date
Con ract Amendment #1
A reement Between
Cone rned Citizens of Forks
And
Jeffers n County Public Health
Develop ental Disabilities Program
WHEREAS, .Concemed Citizens ( ontractor) and Jefferson County (County) entered into an
agreement on October 1 st 2009 for rofessional Services to be provided in connection with Early
Intervention Services for East Jeffe on County children age birth to three years and their
families.
1. The term of the above refere ced agreement is time limited and ends June 30,
2010.
WHEREAS, the parties desire to end the terms of that agreement.
IT IS AGREED BETWEEN DO H PARTIES AS NAMED HEREIN AS FOLLOWS:
2. The Subcontractor will cont. nue to provide for provision of Multi-disciplinary
Evaluation and Assessment f children age birth to 2 years 8 months,
Individualized Family Servi e Plans (IFSP) with parent planning
priorities/outcomes and chil outcomes, educational and therapeutic services for
Jefferson County children a e birth to three years and their families and
evaluation and documentati n of funding sources available for intervention
servIces.
3. Subcontractor shall receive 45.45 per Unit for Birth to Three Services. A Unit is
defined as a "HOUR" which is up to one (1) hour of Direct Service or Assigned
Service Responsibility provi ed in a service month.
4. The parties agree to a reduc ion of $2,246.00 in funding for services rendered
during the term of this contr ct amendment. Total compensation under this
Agreement shall not exceed $4,637.00 without express written amendment.
5. All other terms and conditio s of the agreement will remain the same.
Dated this
day of
, 2010
By:
David Sullivan, Chairman
Jefferson Board of County
By:
inda Middleton
Executive Director of Cone med Citizens of Forks
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PROFESSI NAL SERVICES AGREEMENT
Between
COUNTY PUBLIC HEALTH
And
C NCERNED CITIZENS
Birth to 3 Years
This agreement is made and entered into between Jefferson County Public Health (COUNTY)
and Concerned Citizens (SUBCON RACTOR) for provision of educational and therapeutic
services for Jefferson County childre age birth to three years and their families. The term of th is
agreement is October 1, 2009 throng June 30, 2010. Either party upon 60 days written notice
may terminate this contract. Tennina ion of this Contract shall not constitute a breach.
It is Agreed Between Both Parties as Named
Herein as Follows:
A. PROFESSIONAL SERVIC S
Upon written request by the COUN Y Developmental Disabilities Coordinator or a COUNTY
authorized Family Resource Coordnator (FRC), professional services to be provided by
SUBCONTRACTOR shall include:
1. Multi-disciplinary Evaluation an Assessment of children age birth to 2 years 8 months of
age that are suspected of having evelopmental delay or disability. The evaluation tools and
procedures selected will conform 0 WAC 275-27-026 requirements.
2. Individualized Family Service PI ns (IFSP) developed in collaboration with the family and
other providers. SUBCONTRAC OR and the family will write the IFSP jointly on approved
forms.
3 . Evaluation and documentation 0 funding sources available for intervention services, both
educational and therapeutic servi es will be specified in the IFSP. Potential funding sources
to be evaluated include private in urance, military health benefits, Medicaid / healthy options,
aSPI, and other public or private ources.
4. IFSP will contain parent planning priorities/outcomes and child outcomes.
5. Specialized Services (developm otal, corrective, and other services) to assist infants and
toddlers to achieve developmen al goals as specified in the IFSP include occupational
therapy, physical therapy, speech language therapy, and specialized instruction/education.
6. Program management.
B. OBLIGATIONS
SUBCONTRACTOR shall fulfill the ollowing obligations:
1. SUBCONTRACTOR shall com ly with all state and federal requirements regarding the
confidentiality of client record . Client information is not disclosable to _ the public.
Information acquired pursuant to RCW 71 A.14. 070 requires a signed Release of Information
or a signed Oath of Confidentiali Form.
Concerned Citizens B-3 2009-2010
Page I of 11
2. SUBCONTRACTOR shall r quire, pursuant to RCW 43.43.830-845, any prospective
employee, who will or may aye unsupervised access to a person with a developmental
disability, in the course of hi or her employment, or involvement with the business or
organization, to have a Washi gtOD State Patrol Criminal (W.S.P.) Background Check.
3. SUBCONTRACTOR is req ired pursuant to RCW 74.15, that if any prospective
employee, who has not reside in Washington State during the last three years, and who
will or may have unsupervise access to a person with a developmental disability, in the
course of his or her employm nt, or involvement with the business or organization, must
have a F.B.I. Fingerprint Ch ck. This fingerprint check must occur before employment
begins.. ·
4. SUBCONTRACTOR is req ired, with respect to existing employees, to repeat the
W.S.P. Criminal Background Check every three years. W.S. P. Criminal Background
Check and the F.B.I. Fingerp int Check must go through the Background Check Central
Unit Office within DSHS in 0 ympia.
5 . SUBCONTRACTOR shall c mply with all state and federal requirements under RCW
74.34, Abuse of Children, t e WACs: 275-27 Division of Developmental Disabilities
Services Rules; 296-24 Gen ral Safety & Health, 296-62 General Occupational Health
Standards; the DDD Poli ies: - 5.01 Criminal History Background Checks and
Safeguarding Personal Info atian, 5.03 Client Complaints, 5.05 Limited English
Proficiency (LEP) Clients, .06 Client Rights, 5.13 Protections From Abuse, 5.14
Positive Behavior Support, 5.1 5 Use of Restrictive Procedures, 6.13 Employment/Day
Program Provider Qualifica ions, 9.07 Human Immunodeficiency Virus (HIV) and
Acquired Immune Deficien y Syndrome (AIDS), 12.01 Incident Management and the
1992 County Guidelines.
6. If SUBCONTRACTOR is ound to have a substantiated finding of abuse, neglect,
abandonment or financial xploitation they shall comply with the following CPS
guidelines:
. Upon receiving docum ntation of a substantiated finding of abuse, neglect,
exploitation or abandon ent from CPS, the Regional DDD office will send a copy of
the CPS substantiation re art to the COUNTY within one working day.
. Upon receiving documen atian of a substantiated finding of abuse, the COUNTY will
send a letter to the SUBC NTRACTOR within one working day.
1 ) The contracted provi er is required to:
a. Document the st ps the agency has taken to protect the vulnerable
person( s ) . immed · ately; and
b. Submit a correcti e action plan, if needed, to the COUNTY within 10
working days.
2) The COUNTY will r spond to the steps taken and the sufficiency of the proposed
corrective action pIa within 10 working days. If the corrective action is not
accepted the plan wi 1 be returned to the provider for correction and an amended
plan will be required ithin 5 working days.
Con.cemed Citizens B-3 2009-20 I 0
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3) Once accepted, the C UNTY will send the corrective action plan to DDD for
final approval. DD Regional staff will respond as to plan sufficiency and
whether any addition 1 information is needed within 1 0 working days. The
Region will send a co y to Central Office.
7. SUBCONTRACTOR is requ red to maintain the following minimum organizational
capacity in order to meet the p rformance standards set forth in this agreement. Failure or
inability of SUBCONTRAC OR to meet any or all of these minimum capacity
requirements, as determined s lely by COUNTY, may be cause for termination of this
agreement as provided herein.
(a) Qualified Staff: Adequat, qualified staff with certification, skills and experience in
evaluation, teaching, ther peutic services and support of infants and toddlers with
developmental disabilitie. SUBCONTRACTOR will provide COUNTY with
information regarding staf. qualifications upon request.
(b) Performance Plan: SUBCONTRACTOR has a written performance plan which
describes its mission, p ogram objectives, expected outcomes, how and when
objectives will be accomp ished; and that the plan is evaluated at least biennially and
revised based on actual pe formance.
(c) Participants: SUBCON RACTOR has a commitment to support integration of
infants and toddlers with evelopmental disabilities with others who do not have a
disability and has inv lved family members of infants and toddlers with
developmental disabilities in policy development.
(d) Partnerships: SUBCON RACTOR has a history of working cooperatively with
community-based organiz tioDs including other Agencies, Infant and Toddler Early
Intervention Program, (IT IP), the Lead Agency for ITEIP, the County DD Program,
the Division of Developm otal Disabilities and other School Districts.
(e) Financial and Pro am M na ement: Systems and personnel to: maintain accounting
records that accurately refl ct all program revenues and expenditures; prepare monthly
statements of activity (AD A Reports); maintain appropriate Client service records and
progress reports; and track key program performance indicators.
8. All services for infants and to dIers with developmental disabilities must be provided with
attention to their health and sa ety. SUBCONTRACTOR shall comply with all applicable
federal, state and local fire, he Ith and safety regulations. Staffing ratios and patterns are
adequate to maintain quality ad safety.
9. The Agency shall report any i ~ury or accident, which requires more than simple first aid,
and any extraordinary incide t that requires intervention, first to the DSHS/DDD Case
Manager for the individual in olved. and then to the County Coordinator. This includes
serious physical or emotional h.rm or potential harm.
Concerned Citizens B.-3 2009-2010
Page 3 of 1 ]
1 ) The initial report may be done through documented telephone calls to the County
Coordinator.
2) The Agency shall sub it a written follow-up report within 1 0 days to the County
Coordinator. The rep rt to the County Coordinator may be submitted by email,
facsimile (FAX) to (3 0) 385-940 1 or by mail to Jefferson County Public Health,
615 Sheridan Street P Townsend, W A 98368.
3) Serious and emergent .ncidents shall be handled in accordance with DSHSfDDO
Policy 12.01 Incident anagement.
10. Within 30 days of the effectiv date of this agreement and at least semi-annually thereafter,
SUBCONTRACTOR will pro ide financial reports to COUNTY, including all revenues
and expenses generated by S BCONTRACTOR, in sufficient detail to demonstrate the
uses of funds provided under t is agreement.
11. Make available for inspectio , review or audit by COUNTY DO Coordinator at aU
reasonable times: all work site; all client records; records on productivity and client wages;
and all documents, reports an other data applicable to this agreement. The COUNTY
shall monitor services deli ered and conduct at least one on-site visit with
SUBCONTRACTOR during he period of the biennium to assure compliance with the
D D D State Wark Order.
12. AUDIT REQUIREMENTS. Independent Audits will be submitted annually to the
Jefferson County DD County oordinator in the following manner:
The SUBCONTRACTOR sh II acquire a financial audit by an independent auditing firm
to determine at a minimum th fiscal integrity of the financial transactions and reports of
the SUBCONTRACTOR. C pies of the audit and management letter shall be submitted
to the Jefferson COUNTY P hlic Health Department within 6 months of the end of the
SUBCONTRACTOR's fiscal ear.
The SUBCONTRACTO shall provide an independent audit of the entire
organization which:
(a) Is performed by an i dependent Certified Public Accountant, the Washington
State Auditor's Offi e, or another entity, by which the County and the
SUBCONTRACTOR mutually agree.
(b) Provides statements c nsistent with the guidelines of Reporting for Other Non-
Profit Organizations ICPA SOP 78-10, and is performed in accordance with
generally accepted a diting standards and with Federal Standards for Audit of
Governmental Organi ations, Programs, Activities, and Functions, and meeting
all requirements of 0 M Circular A-I33 or A-128, as applicable.
(c) The SUBCONTRAC OR shall submit one (1) copy of the audit and/or the
summary and the ma agement Jetter directly to the County immediately upon
completion. The au it must be accomplished by documentation indicating the
SUBCONTRACTOR's Board of Directors has reviewed the audit.
Concerned Citizens B-3 2009-2010.
Page 4 of 11
13. For five years following the en date of this agreement, SUBCONTRACTOR will maintain
client records and books, Tee rds, documents, reports and other evidence of accounting
procedures and practices whi h sufficiently and properly reflect all direct and indirect
expenditures of funds provid d under this agreement. Client records shall minimalJy
include statement of client gals, documentation of training provided, training hours,
routine progress notes and bia ual summary progress toward meeting client goals.
14. Make available for inspection, review or audit by County DD Coordinator at all reasonable
times: all client records; and all documents, reports and other data applicable to this
agreement.
15. SUBCONTRACTOR agrees t assign to COUNTY its Medicaid Billing Rights for
services to clients eligible und r Title XIX programs. Written documentation shall be
available to COUNTY on req est. If SUBCONTRACTOR contracts directly with DSHS
to provide covered services u der Title XIX, COUNTY agrees that funding intended for
those clients shall be excluded from this agreement.
16. If the Developmental Disabili ies Program Coordinator finds indications of potential non-
compliance during the contrac monitoring process or learns that the
SUBCONTRACTOR is out 0 compliance with any of the terms or conditions of this
contract, the following proces will be pursued:
(a) Informal Notification: InD rmal process wherein the County Coordinator alerts the
SUBCONTRACTOR in riting of the potential non-compliance and an agreeable
solution is reached within five (5) days.
(b) Official Notification: Ifth informal notification does not result in resolution, the
official notification of pas ible non-comp liance to estab lish a date, with in five (5)
working days of notificati n, when representatives of the County and the
SUBCONTRACTOR sha I meet to discuss areas of contention and attempt to resolve
the issues.
(c) Written Summary: Withi five (5) working days of such official notification the
County will provide the S BCONTRACTOR a written summary of the areas of non-
compliance by certified m it. Notice shall be sent to the address identified in the
Agreement.
(d) Discussion: Within twen (20) days of the date of the written summary, a discussion
between County and SUB ONTRACTOR shall be conducted to resolve areas of
non-compliance or potent al non-compliance.
(e) Should the above procedu es fail to resolve the compliance issue, the parties will
obtain the services of the eninsula Dispute Resolution Center, or another agreed
upon resource, and shall s are equally in any retainer fees or other costs of services.
Ifno agreement is reache , the mediator's decision in the matter will be binding on
all parties, except that in 0 event will the County honor a financial determination
that is greater than the nds allowed the scope of this Agreement.
Concerned Citizen~ B-3 2009-2010
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COUNTY shall fulfill the following 0 ligations:
1) All referrals or reques s for services under this agreement will be in writing using
a County Service Aut orization fonn, (CSA) agreed to and signed by the parties.
2) COUNTY will reimbu se SUBCONTRACTOR promptly for eligible services
provided under this ag eement, usually within 30 days of receipt of
SUB CONTRA CTa R'. month Iy statement of services.
3) COUNTY may, at its ption, withhold reimbursement for any month for which
required reports have ot been received or are not accurate and/or complete.
c. REIMBURSEMENTS..
For said services rendere under this agreement, COUNTY shall reimburse
SUBCONTRACTOR on a unit rate basis, as follows:
1. Early Intervention Services SU CONTRACTOR will be paid per HOURLY Unit assigned
Service Responsibility of regul r Program Service provided to eligible clients on a fee-for-
service basis according to Attachment 1, Fee Schedule. Reimbursement to
SUBCONTRACTOR by CO TY will be the net amount of the applicable fee per
Attachment 1, less any amo nts received from other funding sources for the service
provided.
2. All referrals or requests for se ices under this agreement will be in writing using a
County Service Authorization form, (CSA) agreed to and signed by the parties.
3. SUBCONTRACTOR will bill COUNTY on a monthly basis, on or before the 5th day of
the month, for units of service provided under this agreement during the preceding month.
SUBCONTRACTOR will sub it a Monthly DDD Services Report (ADSA) form for its
billings. At no time shall th invoices for reimbursement be submitted more than 60
calendar days following the las day of the month for which the services were provided.
4. COUNTY may, at its option, ithhold reimbursement for any month for which required
reports have not been received or are not accurate and/or complete.
5. COUNTY may withhold rei hursement fOf any service for which documentation that
shows the COUNTY as the s cond payer of last resort has not heen provided. The IFSP
must clearly document fund. ng source per service for each service reimbursement
requested. SUBCONTRAC OR will provide documentation of County service
reimbursements along with al other funding sources pursued by SUBCONTRACTOR at
the end of the service period /annually or during site monitoring. Documentation will
identify the funding source(s) client name, service provided, date of service, amount(s)
paid and amount(s) denied.
6. Total reimbursements for th fiscal year of 2009-2010 to SUBCONTRACTOR by
COUNTY under this contract shall not exceed $6,883.00 in completion of these services
without express written amend ent signed by both parties to this Agreement.
Concerned Citizens B-3 2009-2010
Page 6 of II
D. MISCELLANEOUS
1. Pursuant to WAC 275, DSHS ivision of Developmental Disabilities (ODD) shall
determine individual eligibility of persons for services delivered under this agreement.
DDD shall notify COUNTY 0 persons authorized for services reimbursed under this
agreement. Only persons refe ed to COUNTY by DDD shall be eligible for services
reimbursed under this agreeme 1. The SUBCONTRACTOR shall not sublet or assign any
of the services covered by this AGREEMENT without the express written consent of the
COUNTY. Assignment does ot include printing or other customary reimbursable
expenses that may be provide in an AGREEMENT.
2. The SUBCONTRACTOR'S r lation to the COUNTY shall be at all times as an
independent SUBCONTRAC OR and any of all employees of the SUBCONTRACTOR'
or other persons engaged in th performance of any work or service required of the
SUBCONTRACTOR under t is AGREEMENT shall be considered employees of the
SUBCONTRACTOR only an any claims that may arise on behalf of or against said
employees shall be the sole 0 ligation and responsibility of the SUBCONTRACTOR.
3. The SUBCONTRACTOR sha I not sublet or assign any of the services covered by this
AGREEMENT without the ex ress written consent of the COUNTY. Assignment does
not include printing or other c stomary reimbursable expenses that may be provided in an
AGREEMENT.
4. The SUBCONTRACTOR s all obtain and keep in force during the terms of the
AGREEMENT, or as othe ise required, the following insurance with companies or
through sources approved by teState Insurance Commissioner pursuant to RCW 48:05:
(a) Worker's compensati n and employer's liability insurance as required by the
State of Washington.
(b) Commercial Automo ile Liability or Business Use Insurance providing bodily
injury and property d mage liability .coverage for all owned and non-owned
vehicles assigned to 0 used in the performance of the work for a combined
single limit of not les than $1 ,000,000 each occurrence with the COUNTY
named as an addition I insured in connection with the SUBCONTRACTOR'S
performance of the co tract.
(c) General Commercial iability Insurance in an amount not less than a single limit
of one million dollars ($1,000,000.00) per occurrence and a aggregate of not less
than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily
injury, including deat and property damage, unless a greater amount is specified
in the contract specifi ations. The insurance coverage shall contain no
limitations on the sca e of the protection provided and include the following
minimum coverage:
(1) Broad Form roperty Damage, with no employee exclusion;
(2) Personal Iuju Liability, including extended bodily injury;
(3) Broad Foml Contractual/Commercial Liability - including completed
operations;
(4) Premises - 0 erations Liability (M&C);
(5) Independent Contractors and Subcontractors;
(6) Blanket Con ractual Liability.
Concerned Citizens B.3 2.009-20] 0
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5. All employees or subcontr tors of SUBCONTRACTOR who are required to be.
professionally certified by th State in the performance of services under this agreement
shall maintain professional Ii bility insurance in the amount of not less than one million
dollars ($1,000,000). In no case shall such professional liability to third parties be
limited in any way.
6. It shall be the responsibility of the SUBCONTRACTOR to insure that any and all
persons engaged in the perfo mance of any work or service required of the
SUBCONTRACTOR under t is AGREEMENT, shall comply with the same insurance
requirements that SUBCONT CTOR is required to meet.
7. Failure on the part of the S BCONTRACTOR to maintain the insurance as required
shall constitute a material bre ch of contract upon which the COUNTY may, after giving
five working days notice to t e SUBCONTRACTOR to correct the breach, immediately
tenninate the contract or, at i s discretion, procure or renew such insurance and pay any
and all premiums in connecti n therewith, with any sums so expended to be repaid to the
COUNTY on demand, or at t e sole discretion of the COUNTY, off set against funds due
the SUBCONTRACTOR fro the COUNTY.-
8. All cost for insurance shall b considered incidental to and included in the unit contract
prices and no additional paym ot will be made.
9. Excepting the Workers Com ensation insurance and any professional liability insurance
secured by the SUBCONT CTOR, the COUNTY will -be named on all certificates of
insurance as an additional ins red. The SUBCONTRACTOR shall furnish the COUNTY
with verification of insuranc and endorsements required by this AGREEMENT. The
SUBCONTRACTOR reserv s the right to require complete, certified copies of all
required insurance policies at any time.
to. All insurance shall be obtain d from an insurance company authorized to do business in
the State of Washington. he SUBCONTRACTOR shall submit a verification of
insurance as outlined herein ithin 14 days of the execution of this AGREEMENT to the
COUNTY.
11. The COUNTY will pay no progress payments under Section C until the
SUBCONTRACTOR has ful y complied with this section. This remedy is not exclusive;
and' the COUNTY may tak such other action as is available to them under other
provisions of this AGREEM NT, or otherwise in law.
12. Nothing in the foregoing i surance requirements shall prevent the COUNTY, at its
option, from additionally r questing that the SUBCONTRACTOR deliver to the
COUNTY an executed bond s security for the faithful performance of this contract and
for payment of all obligations of the SUBCONTRACTOR.
13. The SUBCONTRACTOR sh 11 comply with all Federal, State, and local laws and
ordinances applicable to the ark to be done under this AGREEMENT. This
AGREEMENT shall be iDte reted and construed in accord with the laws of the State of
Washington and venue shall e in Jefferson COUNTY, W A.
Concerned Citizens B-3 2009-20 I 0
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14. The SUBCONTRACTOR, y signature to this Agreement, certifies that the
SUBCONTRACTOR is not resently debarred, suspended, proposed for debarment,
declared ineligible, or volunta ily excluded from participating in this Agreement or any
Agreement by any Federal dep ment or agency. The SUBCONTRACTOR also agrees to
include the above requirement 0 all subcontracts into which it enters.
15. The SUBCONTRACTOR sh 11 indemnify and hold the COUNTY, and their officers
employees, and agents harml 5S from and shall process and defend at its own expense,
including all costs, attorney fe s and expenses relating thereto, all claims, demands, or suits
at law or equity arising i whole or in part, directly or indirectly, from the
SUBCONTRACTOR'S negli ence or breach of any of its obligations under this
AGREEMENT; provided tha nothing herein shall require a SUBCONTRACTOR to
indemnify the COUNTY again t and hold harmless the COUNTY from claims, demands or
suits based solely upon the co duct of the COUNTY, their officers, employees and agents,
and provided further that if th claims or suits are caused by or result from the concurrent
negligence of: (a) the S CONTRACTOR'S agents or employees; and, (b) the
COUNTY, its officers, emplo ees and agents, this indemnity provision with respect to (1)
claims or suits based upon s ch negligence, and/or (2) the costs to the COUNTY of
defending such claims and sui s, etc., shall be valid and enforceable only to the extend of
the SUBCONTRACTOR'S n gligence or the negligence of the SUBCONTRACTOR'S
agents or employees.
16. Claims against the COUNTY s all include, but not be limited to assertions that the use and
transfer of any software, book, document, report, film, tape, or sound reproduction of
material of any kind, delivered there under, constitutes an infringement of any copyright,
patent, trademark, trade name, r otherwise results in an unfair trade practice or an unlawful
restraint of competition.
17. The SUBCONTRACTOR spe ifically assumes potential liability for actions brought
against the COUNTY by SUB ONTRACTOR'S employees, including all other persons
engaged in the performance of any work or service required of the SUBCONTRACTOR
under this AGREEMENT and, solely for the purpose of this indemnification and defense,
the SUBCONTRACTOR spec fically waives any immunity under the state industrial
insurance law, Title 51 RCW. he SUBCONTRACTOR recognizes that this waiver was
specifically entered into pursu nt to provisions ofRCW 4.25.115 and was subject of mutual
negotiation.
18. SUBCONTRACTOR shall no discriminate against any person presenting themselves for
services based on race, religio , color, sex, age, or national origin.
19. COUNTY reserves the right to terminate this contract in whole or in part, without prior
written notice, in the event tha expected or actual funding from the Department of Social
and Health Services Division fDevelopmental Disabilities is withdrawn, reduced, .or
limited in any way after the ef ctive date of this agreement. In the event of termination
under this clause, COUNTY s all be liable only for payment for services rendered prior to
the effective date of tenninatio .
Concerned Citizens B-3 2009-2010
Page 9 of 11
20. No portion of this contract ma be assigned or subcontracted to any other individual, firm,
or entity without the express and prior written approval of COUNTY. If the County agrees
in writing that all or a portion 0 this Contract may be subcontracted to a third-party, then
any contract or agreement be een the contractor and a third-party subcontractor must
contain all provisions of this c ntract and the subcontractor must agree to be bound by all
terms and obligations found in his agreement.
By:
ADOPTED TillS ~ (1,. ~.> f~~y of ".)--Z/tn/e//.l~.,-,6-<_.A~_ , 2009.
By: -
By:
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Concerned Citizens B-3. 2009-2010
Page 1 0 of 11
ATTACHMENT 1
FEE SCHEDULE
GrOll Education/S
$45.45 per hour
Not to exceed $6,883 in completio of services for the duration of the contract
without express written amendm nt.
Concerned Citizens B.3 2009-2010
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