HomeMy WebLinkAbout001834 Original Contract CRY of Pa.N AmgWes,
Record #00 18 3 4
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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