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HomeMy WebLinkAbout001834 Original Contract CRY of Pa.N AmgWes, Record #00 18 3 4 Ibis Agrcemew (-%Tecn'cnf') is Mic h% and howeenTion- chwur wdc ot� and muNcipul corrstwa&" 01 th" Stw, d %vashogbm hackak" vAkA 0% and Q pAw Whoula Cimmund -towsj o( 6 C Inwahmed. to he madc and pokwnwd hp, We Ninics WW', the Panles Ar'"ce as 1. crnryqq, I 'o,jppj,� ttw tfic oj% thc scr%rcc',,, of CMISCA cnTkqc" 101 hw,,: the PJQI Vorm' to then ��Ilistl"mion (it'01c thc Ncop, M "tWk in 0, (W,nt wonav mowd ow bcmccn W' City ind 0h: Shc6o, and jyjwc ( GA! MOSKA k"w"" I" Me foti Mcma HV 1101 licW \NASIP( Number NITIFF0224M7. amcring Ac parkod A" !W% 1, 2022 trough June rA'ASPCA,'onvacCj, A00ch WkSPC (WIM is AL(3chcd I'IercL`A -'�S and incorpmated hercm 1, this relbrancic W, oronioor shLdl us, Ow 1QWS pa"kLj U"&j dis \pCW0WVL 10 [Mv%AV the 14M Ang"s POhICL' Departmom jVAPDj "ah at Vaq we McOw! 1101101 PrOlss"I" as dc"d " 7l.03 020(3,14 and associiwd NwT "S, "M IvrAwni bell rcWonsc InoWSSAWA (4q as , nowj� asj kqj 1<i Si'4,7� p�:r rnonth and vi-'L jo cxccut S259,nDMM mall gala- tdJV Js'JrC 111Cs°ik$d U"Al"! by this Agreemem AV NNW 11calth no, asim panKing Im MOrcenim Onicers wther m Ald ow in an on-CW Lajlicst� Phe idcaaddlt Pwfes!'imlal wan '11"o iqjc VCCjj J-C,"fjoj"'� belt or ighcr tra6wT cm mmind hc,��J�j sea ccs at WC LIACKM Of QL' POO Dcrarmioit. Nothin�- hn6ls flic Mcnial i KIM W&WOMFs WAPAQ, hod pwwl I Undin"', pro ido'd " [a this \,,vccmcnt shA IV UO/cd 10F dic swt'fir)av! art pro"-'rams 17r projicrl) credVii0aled and tra6-wd SU10 '1t 111c k)Hoa 6'g lC\ck, klindcr i�lc "1Xc1'J cundo"m 4 (jmjNwhw strphcd Nomwo HaAh PnOsswmd (MHP) 71 OWN% lit DO) NUIPs Odra" ail vocK k; mpolix! us CheW, is' JcUtc cri�i" or those cxpcnm&n; as KA A hei.pAncd awknIK, C) MllPs are required to develop "Care Plans' for every client that they anticipate having regular. ongnino contact with. or that thcy anticipate a non-Ml11' from their program vv i I I pro\,ide 1o11OW-up scrviccs to Contractor supplied Non-I✓II-11's Individuals not mcetin>; the definition of IN41111 as defined by RO 71.05.0?0(N) maN provide services to clients that are not in acute: crisis at the time of their interaction Under the lollowing circumstances: A) Uni ss licensed to do so. the non-MI1P does not provide client support that would require a license or° certification of any kind From the Washington State Department of` Ilealth. the Washin-001) State. healthcare Authority. or any other �,overning body with rcI)ulatory authority In NVashrnS_'ton Statc. B) New client contacts are limited to individuals that are not in a state of acute crisis or auitation. The non-MllP must immediately disengage il'it appears that the individual the\,' are interacting with may be escalating to a state of acute crisis or a.,itation. C) The non-MIII' has dOCUmentalion indicating that they have reviewed a clients "Care Plan prior to any interaction with an established client. U) The non-MI-11' must receive rcO.;ultrr supervision by a licensed MI-111. FI The non-MI-IP must immediately discnpage with a client that appears to be escalatin-, to a state ol` dCLIt: crisis irr al itation and follo\,v the additional steps outlined in that client's Cure Plan. F) Prior to providing services and no less than ycarly. the non-tMlIP must participate in training relevant to all ofthe [ollowing topics: I ) Interacting with and providing social services to individuals with mental health conditions. to include Substance Abuse Disorder. ?) flow to red and interpret Care Plans developed by program MIIPs for use with clients ofthe program. i) Program policies and standard operatino procedures. -I) Necessary and practical physical safety Precautions that must be taken when interacting with their clients. 5) Necessary and practical teCIMICILICS to avoid �.\,ork related vicarious trauma and bUl-11-01-11, 6) Please note that the training listed above is meant to represent a bare 1111111111LIllI standard to 4\hlch all non-VIIIII)s paid for LiSill" �A, PC funds 1111.1st adhere, Any position I'Linded, in any arnount. by this Aorcerilcrit shall: A) fie fully described in 8 �MAILCII POSMOTI I)CSCIAPtioll., B) Ile SLIh-jCCI, to ClCarIN' Written Performance Standards: and C) Receive an annual written O'LlILlation fl-on, an elliplovee of the Contractor In a supervisory role. Term.- This "Agreelilcrit is C11,cctl\:e imilledlaick and shall remain in force and CiTCCt Until June 30. 2023. -satioll: The City shall pay Contractor the amount not to exceed S64.755per month lOr each month during which the Contractor is It, full compliance with the scope of' work identified In paragraph I above. The amOLIIII shall he prorated Cot- each month %%Iilcli the Contractor is in partial compliance. In tine event. 101,11 PM-111ent to Contractor for work performed in paragraph I above shall not exceed 1$259.020-00. 4. Indcocrident SUI[ttls'l The relationship created by this Agreement is that ol' ei-npioN"ei-.!"Itldcpcllclellt contractor. Neither the Contractor. not- its employees. are employees of tile City and are. therefore. not entitled to the benefits provided by the ('ity to its employees. The Contractor is all independent contractor and has the aLIIhOrlt\` to control and direct the performance "ithin the Scope of services. The Contractor shall assume full responsibility for the payment of all federal. state, and local taxes or contributions imposed or reqUil-ed, including- but 1101 111111led 10. Unemployment insurance, social securltN, industrial insurance. and income tax. S. Indenind'icotion/I lold I Lin-nIcss: Contractorshall defend, indeninik and hold the City. its officers, officials. employees and volunteers harmless From any and all claims. injuries, damages. losses or SUILS including attorney Ices, arising 01,11 ol'or rcSLII[Illg from the acts. errors or omissions of the Contractor in pulormance ofthis Agreement. except lOr injuries and damages caused by the sole negligence of the Cite. 1 -111' -eci ci t 1­10��eVCI% should a court of corni)CI Oil Ij Ur I�d I c I I oil cictei tile that this Ain it I is C� subject to RCW 4.24.115. then. In the cvent of liability for damages arising out of bodily ng f-om (lie concurrentIlti irtjurr to persons or damages to property caused by or i-esu negligence of the Contractor and the ('Itv. Its officers, officials. employees. and Volunteers. the Contractor"s liabilit\.. including the duty and cost to deferid. herCLUider shall be only to the extent of the Contractor s ncL, lipence. It is furthcr specificalk and expressly understood that the Indemnification provided herein constitutes the Contractor's walver ot'immunity under Industrial Insurance, Title 5 1 RCW, solely for the purposes ofthis Indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination or this (Yreemcnt. 6. Insurance: a. Term: The Contractor shall procure and maintain for the duration of the Agrcement, insurance against claims for injuries to persons or damatle to property which may at-Ise from or in connection with the peribrinancc of the work hereunder by the Contractor. its agents. representatives. or employees. b. No LiniltatI011: The Contractor's maintenance of Insurance as required by the Agreement shall not be Construed to limit the liability of' the Contractor to the coverage provided by such Insurance. or otherwise limit the City's recourse to any remedy available at law or in equity. c, i'vIlmnlUrn Scope of Insurance: 'file Contractor shall obtain insurance of the types and coverage described bclow-. j\Ut011l0hile Liabilltv insurance covering all owned. non-owned. hired and leased vehicles. Covcraoe shall be as least as broad as Insurance Services Office (ISO) form CA 00 01. Cornmer6al O I cnei I-al IIab'ltN I.' ' 'nsurance shall be at least as broad as ISO I Occurrence form CG 00 01 and shall cover liability arising from premises. operations. stop-gap Independent contractors and personal Injury and advertising injury. The City shall be named as an additional insured under the Contractor's Commercial General liability insurance policy with respect to the work performed for the CII.y usim—, an additional Insured endorsement at least as broad as ISO CG 20 prkers' Compensation covci,aoe as required by the Industrial Insurance laws of the State of Washington. 4) Professio-n-al-Liability insurance appropriate to the Contractor's prolessioll, d. M1111MUIll A11101.111tS ofCovcragc: C_ I'lic Contractor shall maintain the LolJo«inh insurance limits: Automobile 1,1 d)IlItN, Hinsurance \xIth a minimum combined single hillit for bodily injury. and property dama"C of$1.000.000 per acci dent. Ident. 2) Coin merc"all General 1,1ability insurance shall be written with limits no less than $2.000,000 each occurrence. $2-000,000 general aggrcgatc. 3) Proficssional Liability insurance shall he written %pIth limits less than$2,000.000 per claim and bI00o,000 policy agurcuate limit, e. Other Insurance Provision: The Contractor's ALItO1110bile Liability and Commercial General Liability insurance policies are to contain (it- be endorsed to contain that the}, shall be primary insurance as respect the City. An\' insurance, self'-insurance. or sell' insured Pool Coverage maintained by the UO shall he CNCe.SS (11' the Contractor's insurance and shall not contribute with it, f. Acceptability, of Insurers: Insurance is to be placed with ITISUrei-S w\Jtll a Current A.M. liest rating of' not less than A:Vll. P. Verification ofCoveraoc: The Contractor shall furnish the City ,\]Lh ot-Winal certificates and a cop\ of the amendatory endorsements. including but not necessarily limited to the additional I IISUFCCI endorsement. evidericinu the insurance reqUirenicrits of the Agreement bel'orc commencement of the work. h. Notice of Cancellation: The Contractor shall provide the City with written notice of any policy cancellation within two business days of their receipt OfSLICII 1106U. I.. FaII111-C tO Maintain InSL -ance: Failure oil the part of the Contractor to maintain the Insurance as required shall constitute a material breach of contract. Up011 which the City may. after olving live business days' notice to the Contractor to correct the breach. Immediately terminate the contract or. at its discretion. procure or renew Such insurance and pay any and all premiums in connection therewith. with any sums so expended to be repaid to the City on dernand, or at the sole discretion of the City. offset against funds due the Contractor from the City. j. City Full Availahilitv ot-Contractor Limits: If the Contractor maintains higher insurance limits than the mim.munis shown above, the City shall be Insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether SLICII 111111ts maintained by the Contractor arc urcatcr than those required by this contract or %Nlicther anv certificate Of insurance furnished to the City eVICICIACCS limits of liabilliN lower than those maintained by the Contractor. ' The Contractor does not have, and shall not hold itselrout as haviriv authority to create _,. any contract or obligation that Is billdillg on the Cite. H. A. s--Sk Aty: I-lie Contractor shall not assign or transfer any interest in this Agrecnicrit or delegate any perf'orma,nCC Under tills Agreement. C), 1,"i ipl( yees of the, Conlr;ioor: All services to be performed by the Contractor herein shall only be performed by the Contractor and not by City employees or others unless by specific written consent of the Cite 10, %,Vago,� ill I lours LaNN, Coll Ij The Contractor shall comply %%'Ith all applicable provisions of the Fair labor Standards Act and any ()tile,- laws aftccling its employees. if any, and the rules and regulations iSSUcd [hereunder insotar as applicable to its employees and shall at all times indemnify. del'crid and save the City frec, clear and harmless. from and against any and all actions. claims, demands. expenses MSML! out of the Act or la",s and rules and regulations that are or may be P17011ILligated in COnjjUIlC1i0n llffeVith- I ILI LIH�.11 illi 4)y I lit OP i lit: Portuilltvi The parties shall conduct then- business in a manner which assures fair. equal and non- discriminatory treatment of all persons, without respect to race. creed, color, sex. Vietnam era veteran status. disabled veteran condition, physical or mental handicilp, or national origin, and, in particular: a. The parties will maintain open hiring and employment practices and will welcome applications for employment III all positions Troll qualified individuals who are members of the above stated minorities. b. 'I'lic parties will comply strictly with all reqUireniclits of applicable federal. state or local laws Or I-C1:11.11allons Issued pursuant thereto. relating to the establishment Of non-discriminatory requirements in hiring and employment practices and assuring the service of all patrons and CUSt011lers without discrimination with respect to the above-stated minority status. 12, Audit: Contractor shall maintain its records and am.)LIMS SO as to facilitate audItS Linder State Or Federal lav, and/or tile requirements of the WAS11C Contract. 13, Ceril ficatl0n: Contractor certifies, by signing this Agrcenient that neither it nor its principals arc presently disbarred, suspended. proposed for debarment. declared ineligible. or VOILintarllv excluded From participation in this transaction by any state or federal department or agency. 14, Coililict ol'11110-CA: Specific restrictions apply to the WASPC Contract in regard to CUT-rellt 01' lormer State employees PUI-SUUlt to RCW 42.5 2. Contractor must identify any person employed ill ariv. capacity by the State of%Vashington that worked on the Office ol'Crime Victims Advocacv program including but not limited to ('01-111LIlating, or dra -fting the -legislation, participating i i -ding grants, and in grant pt-OCUI-enlellt planning and CXCCLItI011. a,�%ai monitoring grants. during the 1-4-month period preceding the start date ol'this At,reenlent, Bv si-anim-, this Agreement, Contractor ccril les that will not and has 1101 used. federal ' - i I - attempting to appropriated funds to pay any person or organization 101- InfiLICIlCing or Influence an officcr or elllployvc of any avency, a mcnilier of Congress. officer or employee or Conuress, or all employee of a meniber of'Collg ,,'�rc in connection with obtaininu any Fcc Z� 'icral Grant. -rant or other award covered by 3 1 U.S.C. 1352. Contractor Must disclose any iobbying, with non-Federal l'unds that takes place in connection with obtaining any federal award, 16. TiIica_pVnw,-�hs Agr,e,en.i..e-n,t sha-11 ,be ,oxerned b,.. and construed in accordance with, the laws of the State of Washim ,ton. and in the event 01- dispute the venue of any litigation brought hereunder shall he Clallam ('OLlnt\' 17 Termination: Either party may terminate this Agreement at any t1111C. with or without cause. bN giving w,ratcri, notice to the other party ol'SLICII termination and SI)CCiNiffil the effective date. In SLICII event, Contractor shall be compensated. and City shall be liable. only Ior Pwilent of services already rendered under this Agreement prior to effective date oftel-Millitioll, 18. �L-peCkj_ I el-I"JIS J'I' '4LAILlISSs Becausethis AurcernentubJeCt to the terms and conditions or the NVASPC Contract, the following Special Terms and Conditions shall also apply to this Agreement: a. This Agreement specifically 111corporatcs. but is not 11111itcd b%, that section of,tile WASPC Contract entitled -SCl IFM)I-F A Statement ol'Work.- b. Attached hereto as l"'xhibit B and incorporated herein by this reference. is Contractor's budget for this pro'ect, specifically identifying the tasks and amount of funds to be spent by Contractor in performance of this Agreement. C. Contractor agrees to the 1101lowing, additional terms and conditions of the WASPC Contract: Acc-ess tip -JData: In compliance \A-1th RCW 39.26,190 (2). RC%V 36.28A.450 and federal rules. the Contractor must provide access to any data u,encrated Under this Contract to WASPC, the Joint Legislative Audit and RevlC\\; Committee, the State Auditor. and any other state or federal oflicials so authorized by law, rule. regulation. or agreement at no additional cost. This includes access to all Iril'ormation that supports the findings. conclusions. and recommendations or the Contractor's reports, including computer models and ni thodologv for those models. 2) � t�,t►,`lit: If Contractor is required by OMB Super Circular 2 CI�R 200.501 and 45 C11" 75.501 to have an audit of their financial statements. the ("Ontractor must submit the results of that audit to WASPC no later than 90 (nincty) calendar days after those results are delivered to the contractor b) their auditor. ) Contractor acknowlcdges that some of the material and information that may come into its posscs'Sion or know1c.,l e in connection ;yith this Contract or its performance may consist of ('orindcntiai information. Contractor agrees to hold ('ontidential Information in strictcst confidence and not to make use of Confidential Information for ally purpose other than the performance or this Contract. to release it only to authorized emPhYees or Subcontractors requiring such inGn-nabon For the purposes of carrying out this Contract. and not to release. divulge. publish. transfer. sell. disclose. or other\ ise make the information known to any other party wilhow 'ASPC's capress vyrittcn c(i3isent or as provided by lav- Contractor agrees to impieittt°rat physical. electronic, and managerial safeguards to pi'l yeill unauthorized access to Contidental Information. Contactor agrees to comp!}' with all confidentlaliq, regWrenlelty of 42 UST, section 37899 and 20 C.I .R. part 22 that line applicable to collection, use and revelation of Clata or information. Contractor further agrees. as a condition of grant approval. to submit a Privacy Certiticatc that is in accord with the requirements of 28 MR. Part 22 and, in particular, section 2223. �VASPC reserves the right to monitor, audil. or investi�-atc the use of Confidential hiformation collected, used. or acquired by Contractor through this Contract. Violation of this section by Contractor or its Subcontractors may result in termination of this Contract and demand For return ui' all ContiClcntial Information. monetary, daittages. or penalties. The obligations set AS in this section will survive complctiorl. cancellation. expiration. suspension. or termination of this ('ontract. 4) Pel� rnlcllt: fly signing this Contract. Contractor certifies Ilia( it is not presently debarred. suspended. proposed for debarment. declared incligihle, or voluntarily excluded in ally W'ashinn"ton State or Federal department or agcnQ From partcipatumg in transactions (dcharred). ('omtactor agrees to include the above requirement in any and all suhcnnt�aets into which it enters- and also agrees that it yvill not employ debarred individuals. Contractor must immediately notify WASK' it-. during the term of this Contract. Contractor becomes debarred. WASPC may immediately terminate this Contract by providing Contractor writtcn notice. if Contractor hecomcs debarred during tile term hereof. �) "No IIdiw:c iIIIII1 11101: Durin(y the performance of this Contract. the Contractor must comply vv rth all federal and state nondiscrimination laws, regulations and policies. including but Mitt limited to: Title VII of the Civil RiOlts Act. 42) U.S.C. §12101 et scq.: the Americans with Disabilities Act Of 1990 (AD.,\), 42 lr.S.C. §12101 et seq.. 23 CFR fart 15: and I itic 49.60 RCAV. Washington Law ,Agalnst Discrimination. In the event of Contractor's noncompliance or refusal to comply with any nondiscrimination la4v, regulation or police, this Contract mav be rescinded, canceled. or terminated in whole or in part, and Contractor ►na\ he declared ineligible for further contracts with WASPC. 6) Non- tlPpi�mtinr (`cP'tilication: No Grant funds will be used to supplant existing state. local. or other non-federal funding already in place to support current services. Violation of the non-supplanting requircl�lent can result in a range of penalties, including suspension of future funds under this grant. recotlpment ol` monies provided under this grant, and civil and/or criminal penalties. 7) W .A PC_I)Liblicit\,: The award of this Contract to Contractor is not in anv \vav an endorsement ol'Contractor or C'ontractor's Services by \VASPC and must not be so construed by Contractor in anv advertising or other publicity materials. Contractor aorees to submit to WASPC, all advertising, sales promotion. and other publicity materials relating to tills Contract or any Service furnished by Contractor in which WASK's name is mentioned. languaoae is used. or Internet links are provided l'ronl \vllich the connection of WASPUs name with Contractor's Services Illtt\, in W?\SP("s .judgment. he inferred or i111plltl�. Contractor further agrecs not to publish or use such advertising, marketing. sales promotion materials, publicity or the like through print. voice. the \\%cb. and other communication media in existence or hereinafter developed without the express written consent of W'ASPC prior to such use. 4) Records and Documents The Contractor must maintain honks. records, documents. magnetic media, receipts. invoices or tither evidence relating to this Contract and the performance of the services rendered. along %%Ilh accountin(' procedures and practices. all of which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contact. At no additional cost, tilese records. including materials generated under this Contract, are subject it all reasonable times to inspection. review%,. or audit by WAS11C, the Office of the State Auditor. and state and federal officials so authorized by lav\., rule. regulation. or agreement iSee 42 (;CSC I396a(a)(27)(I3): =42 USC I396a(a)(37)(B): 42 USC I396a(a)(a2(A): 42 CFR 431. Subpart Q: and 42 CFR 447.2021. The Contractor must retain such records for a period of sir (6) years after the date offinal payment under this Contract. if any litigation, claim or audit is started before the expiration of the six (6) Vicar periiad. the records must be retained until all litigation. claims, or audit finding's involving the records have been rCsolyed. (Y) Serviccy_tq Pcsqns_,_ with Proljl .ictwy: ]-he Contractor must certify that Limited English Proficiency persons have meaningful access ua the services under this pro`ararn(s). National ori-On discrimination includes discrimination on the basis of limited English proiiCiency (ITP), l o ensure compliance with Title Vl of the Sale Streets /\c.t. the Contractor is required to take reasonable steps to ensure that I.l:h persons have meaningful access to their programs. Meaningful access play entail proyidin:g lan(_uagr assistance services. including-, oral and written t•anslntion "Ten necessary. The US Department of Justice has issued g lidance for gmntccs to help them comply with TALC VI I'CgUil-CY 1CI1tS. hhe guidance document can he access on the interact at w\,Nvw.lcp.g ov. 10) " trlu %r►atl a liwt Neither Contractor, nor any Subcontractors. may enter Am subcontracts for any of the work contemplated under this Coramet without prior .Nritten approval of \-VASIT. \A ASPC' has stale discretion to determine whether or not to approve any such subcont'act. In no event will the existence ol' the subcontract operate to Muse or reduce the liability of Contactor to WASPC' for any breach in the perl'ormancc of C'on(ractor's dtltiCs. Contractor agrees that any proposed subcontracts must be provided to %V \SPC for rcyie\v no later than 10 (ten) husuaess days bclore such a subcontract's effective date. Contractor is responsible for cnsurin�z that all terms. conditions. assurances and certifications so t n•th in this Contract are includCd in ally subcontracts. if at any time clurinU the progress of the work \,VASI1C determines in its sole judgment that an) Subcontractor is inconlIMCrlt or undcsirahlC. \V \SPC wyill notify Contractor. and Contractor must take immediate steps to terminate the Subcontractor's involvement in the work, The rejection or approval by WASPC of any Subcontractor or the termination of a Subcontractor will not relieve Contractor of any of its responsibilities under the Contract. nor be the basis list additional charges to W'/\SPC'. \VASPC has no contactual oblina6ons to any Subcont oor or vendor under contract to the Contractor, Cont-actor is fully responsible for all contactual obligationm financial or ottae"Ose. to its Subumnamrs. 19. Untire A&'recrllellt: This A�,reement.� includinsI. its cxllihits. constitutes the CntirC Al_�UCCnlCnt, supersCdcs all prior written or oral understandings. and relay only be changed by a written amendment cxccuted by both parties. IN WITNESS M,!I the City and the Contactor havC exCcutcd this Agreement as orthe date oftile last si<g1nature �vrKen Mo". _ Olympic Peninsula Community Clinic 32! F. 5`h Street 819 F. Georgiana Street Port Angeles. WA 93862 Port Angeles. WA 98362 Date, f: r 1C2 APPI OVFD AS "!-O FORK' C' William 1.. (lov. Cit}' .. 1"\hiblt A WASN." Colm-'Icl hil(f.1C10!' ��Ull���`t