HomeMy WebLinkAboutITEM IV-AAGENDA BILL APPROVAL FORM
* SASH IIG'Ti
Agenda Subject: Acceptance of King County Contract partially funding Date: February 8, 2010
the Olympic Leadership Academy
Department: Parks, Arts and Attachments: Resolution 4568 and Budget Impact: Recreation Kin Count Contract D39943D
Administrative Recommendation:
Adopt Resolution No. 4568
Background Summary:
King County Contract D39943D, a Safe Communities Grant, is a renewal of an agreement between the
Seattle-King County Department of Public Health and the City of Auburn for the Olympic Leadership
Academy (OLA) program at Olympic Middle School. The program, now in its 6t" year, has been funded in
part by this grant for the past three years. The grand is for $50,000 and is offered in partnership with the
Auburn School District. The program serves 50-60 students each day with the express intent to provide
youth -predominately Latino youth who are at high risk of academic failure - a supportive school
environment that helps them achieve academic and personal success measured by improvements in
school performance, attendance, and a decrease in disciplinary action for delinquent activities. A supervised recreational opportunity and an academic component are the two primary parts
of the
program each day.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&0
❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ®Municipal Serv. ❑ Finance ❑ Parks
❑ Human Services ®Planning & CD ❑ Fire ❑ Planning
❑ Park Board ❑Public Works ❑ Legal ❑ Police
❑ Planning Comm. ❑ Other Museum Board ❑Public Works ❑ Human Resources ❑ Information Services
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing I l Referred to Until I l
Tabled Until I I
Councilmember: Norman Staff: Faber Meetin Date: Item Number:
rr~Y
t 4 ~ i ri' rr ~ :'r }1 •~K SAY J l ~ ~ I i y a fir' ti i f.. ~ ~ .i f ~ Sr 'r9 .AS ~1
RESOLUTION NO. 4568
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING ACCEPTANCE OF A
KING COUNTY GRANT IN THE AMOUNT OF $50,000 IN SUPPORT
OFTHE OLYMPIC LEADERSHIP ACADEMYPRQGRAM.
WHEREAS, King County is the manager of Safe Communities Grant program
supporting partnerships with local communities; and
WHEREAS, King County desires to have certain services performed by the
Contractor as described in this Contract, attached hereto, designated as Exhibit "A", and
incorporated by reference in this Resolution; and
WHEREAS, the City of Auburn is a public agency with an afterschool program
intent on providing at-risk youth a supportive school environment that gives them an
opportunity to improve their chances of academic and personal success; and
WHEREAS, the program is now in it's sixth successful year and provides service
to 50 - 60 youth daily;
NOW, THEREFORE, THE CITY COUNCIL OF AUBURN, WASHINGTON,
HEREBY RESOLVES THAT:
Section 1. The Mayor is authorized to enter into a contract with King County to
accept the Safe Communities Grant funds.
Section 2. Any funding assistance received shall be used for implementation
of the project referenced above.
Section 3. This resolution shall take effect and be in full force upon passage
and signatures hereon.
Resolution 4568
February 8, 2010 Page 1 of 2
SIGNED and DATED this day of March, 2009.
CITY OF AUBURN
PETER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Resolution 4568
February 8, 2010 Page 2 of 2
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CONTRACT # D39S43D EXHIBIT A-~
EXHIBIT A
PROJECT STATEMENT OF WORK, DESCRIPTION, & REQUIREMENTS
Safe Communities
Olympic Leadership Academy
City of Auburn Parks, Art and Recreation Department
Contract Period 1!1!10 - ~ 2!31!14
I. STATEMENT OF WORK
The Agency shall provide a youth leadership project in accordance with the terms and
conditions described herewith. The total amount of reimbursement pursuant to this
Exhibit shall not exceed $SD,OOD far the period of January 1, 201D through December 31,
2010.
II. PROGRAM DESCRIPTION
Safe Community programs are community collaborations based on proven and best
practice programs designed to prevent recidivism or entry into the juvenile justice system.
Services are multi-faceted and targeted to meet the specific needs of individual youth, .
and are designed to build on the assets and strengths of youth to maximize their social and academic success in the transition from adolescence to early adulthood.
A. GQAL
The goal of Safe Communities programs is to mobilize all elements of the
community to work together for community safety and for opportunities for youth.
The program will assist communities in providing positive options and role models
for youth and in reducing youth crime, violence and involvement in the Juvenile
Justice System.
B. aUTGQMES
Youth participating in the Qlympic Leadership Academy ~aLA} will experience the following outcomes:
1. At feast l5°/° of youth participating in the project will experience reduced rates
of recidivism andlor avoid contact with the juvenile justice system.
2. At least 75% of youth participating in the project will decrease their risk-taking
behavior
3. At least 70°/° of regular project participants will increase their participation in
schaol and extra-curricular activities
4. At least 45% of regular project participants will meet or surpass State
standards set for the students grade level in both reading and mathematics
5. At least 25°/° of project participants' parents will participate in the OLA program
activities andlor school activities and events.
6. At least 54°/° of regular project participants will incur fewer disciplinary actions
at school.
SG APAR
CONTRACT # D39943D
EXH1BlT A-2
C. OUTCOME LINKAGE TO COMMUNITIES COUNT 2008 REPORT
For the contract period of January 1, 201 D through December 31, 2010 the
Agency shall demonstrate a linkage between service outcomes listed above, and
at least two of the 38 social and health indicators listed in the Communities Count
2008 Report. Such linkage is sought to connect contracted Agency outcomes to a
clear, common, and measurable set of communitywdefined social and health
indicators.
The Agency's contracted service outcomes shall impact the following Communities
Count 2008 Social and Health Indicators as listed below. .
1. Academic Achievement
Youth participating in the project will increase their school attendance and
academic achievement. The agency will collect and monitor grades and attendance records as part of their data collection process.
2. ParentlGuardian Involvement in Childs Learning
Parents of project participants will increase their involvement in their child's
learning through increased involvement in school and OLA activities. Data will
be tracked through parent attendance at school and OLA activities.
D. OUTPUTS
1. 25 "at-risk" middle school youth receive 1 hour of academic skills building, 4
days a week.
2. 25 "at-risk" middle school youth receive 1 hour of youth development activities, 4 days a week.
3. Parents of children enrolled in the OLAwill have access to volunteer
opportunities within the OLA including tutoring, leading activities and
preparation of culturally relevant snacks.
4. Parents will have access to the project family advocate for referrals to family
support services
5. Minimum Service Level
This Program shall serve a minimum of 25 youth each month for the months of
January-June and October-December. This is an unduplicated count. For the
months of July, August and September project staff shall be engaged in
planning and evaluation activities. During this time no youth will be served.
E. ACTIVITIES
1. Academic skills-building that reinforces what is learned in the class and utilizes curriculum adopted by the Auburn School District.
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CONTRACT # D399~3D EXHIBIT A-3
Youth development activities that focus on socialization skills, youth
development and cultural enrichment along with observances and celebrations
of cultural customs, historical events, music and holidays.
3. Conduct pre- and post-tests of participant knowledge and behavior.
4. Coordination with parents of volunteer opportunities within the ALA,
5. Referrals of OLA Parents to collateral contacts in the community for family
support services including food and clothing, ESL classes, parenting education
and assistance, and peer support groups. 6. Maintain partnerships with other community-based organizations for referrals
and service coordination.
Gather outcome evaluation data on project participants.
F, RESOURCES
1, Project Staff
■ .25 FT Project Director
■ .6 FTE Family Advocate
■ 3.1 FTE Para Educators
■ 3.1 FTE Recreational Aids
2. Partners
■ Auburn School District ■ Olympic Middle Schaol
■ Centro De Amistad Latino
3. Funding
■ King County Children and Family Commission
■ Auburn School District
■ City of Auburn
■ 21 S~ Century Schools
g „ s Requirement a c ~ n u n , , ,
At a minimum the Agency shall secure a 35% match for the total cost of the
program. This match shall be from a funding source outside of King County
funders. Failure to comply with this requirement will result in termination of the
contract. In-kind contributions are not considered a cash match unless
negotiated with the County.
I11. COMPENSATION AND METHOD OF PAYMENT
The Agency shall be reimbursed monthly for 1112 of the total amount specified in Section
I. Ilvork Statement, of this Exhibit for the contract period subject to the following
conditions:
A, If the Agency provides at least 90% of the required monthly Minimum Service Level
specified in Section II.D.5, the County shall reimburse the Agency 19D°/° of the
routine monthly reimbursement amount specif es above.
B. If for any given month the Agency provides less than 90°/° of the required monthly
performance standard specified above, the County will pay the routine monthly
reimbursement amount less the below 90%,
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EXHIBIT A-4
C. At the end of each calendar quarter, if the Agency meets or exceeds 90% of the required contract cumulative service level, the County shall reimburse the Agency
the maximum allowable Year to Date reimbursement for that quarter.
1V. REPORTING, MONITORING, EVALUATION AND CULTURAL COMPETENCY
REQUIREMENTS
The Agency will maintain and make available to the County documentation
demonstrating accomplishments of all contractual requirements. Such documentation
may include, but is not limited to the following: } servicesltrainingslactivities provided,
~2} date of servicesltrainingslactivities, ~3} # of hours, ~4} names of participants, ~5}
evaluation of services by participants, ~6} service logs, and announcements.
A. Monthly Reports
The Agency shall send monthly invoices Exhibit B} within 10 working days after the end of each calendar month.
In the event the agency does not meet the monthly reporting requirements or the
reports are not accurate andlor complete, the following process will be observed in
the event that the County withholds reimbursement pursuant to this provision:
The County will notify the Agency within ~0 working days upon receipt of
the monthly reporting requirements verbally and in writing of the errors
andlor omissions in reporting and of the specific corrective action the
Agency must take. The County will return the reports to the Agency for
correction.
2. The County may withhold reimbursement due to the Agency for the month for which the reporting requirements have not been met.
3. When the Agency has taken the required corrective action, the County shall
pay all withheld funds according to the County's routine schedule.
B. Mid-Year Report
The Mid-Year Report shall be included with the June, 20~ 0 monthly report. The
Report shall address the following.
~ . Monthly Invoice
2. Narrative report addressing the extent to which the Goals, Outcomes,
Outcome Linkage to Communities Count 2008, Outputs, and Activities
Section II} are being achieved to date.
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CONTRACT # D39943D EXHIBIT A-5
C. Final Pragram Report
The Agency shall submit a Final Program Report which will be included with the
final December, 2010 invoice, The Final Program Report shall include the
following information:
1. Monthly Invoice
2. Narrative report addressing the extent to which the Goals, Outcomes,
Outcome Linkage to Communities Count 2008, Outputs, and Activities
Section III are being achieved to date.
D. Monitoring Requirements
The Agency shall cooperate with a scheduled site visit conducted to determine
contract compliance and program assessment. Additional site visits far follow-up
orverification of reports may be made.
E. Evaluation
The Agency shall cooperate with the County or designee, in designing and conducting an evaluation of the program. The Agency shall cooperate with the
County or designee in an evaluation assessment for the program during 2010.
F. Cultural Competency
Agency staff shall participate with the County or designee in the development and
implementation of cultural competency guidelines.
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CONTRACT # D39943D
Exhibit B
Invoice
Sate Communities
Olympic Leadership Academy
City of Auburn Parks, Art and Recreation Department
910 9t" Street S E
Auburn, vvA 98002
Contract Period 111110-12131110
TO: Seattle-King County Department of Public Health
King County Children and Family Commission
Attn: Jim Ott
401 5~" Avenue, Suite 130D
Seattle, v11A 98104
In performance of a signed contract, !certify the following services have been provided
for the period through ,
and request reimbursement for the amount indicated below.
Printed Name Signature Date
Program Current Accumulated Balance Expenditure item Bud et Ex enditure Ex enditure
g p p
Olympic
Leadership $50,000.00
Academ
Total $50,000.00
FOR HEALTH DEPARTMENT USE ONLY
Suffix Pro'ect Ex ense Acct Bud et Current Expense to be Year to Date ~ p g Paid Paid
A 80~ ~IH00140 53~ 80 $50,0OO.OD
Approved:
Children and Family Commission Program Manager Date
•
u 1C ~
5eatt~e & King County
King County Contract No. D39943D .
` Federal Taxpayer I D No.
This form is available in al#ernate formats for people with disabilities upon request.
KING COUNTY CONTRACT FOR SERVICES WITH OTHER GOVERNMENT, INSTITUTION,
OR J U RISDICTION 2010
Department Seattle-King County Dept. of Public Health a.k.a.
Division Public Health ~ Seattle & King County}IODIR
Contractor Cit of Auburn Parks, Art and Recreation De artment Pro'ecfi Title OI m is Leadership Academ
Contract Amount $50,DD0.o0- Fift Thousand Dollars and Zero Cents
Contract Period Stan date: 01/01/2010 End date:1213112010
THIS CONTRACT is entered into by KING COUNTY the "County"}, and Cit of Auburn Parks Ark and
Recreation Department the "Contractor"}, whose address is 910 9th Street SE, Auburn, WA 98002.
WHEREAS, the County has been advised that the following are the current funding sources, funding levels and effective dates:
' FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES
COUNTY $50,DDD.00 1/1/2010 to 12/31/2010
and
WHEREAS, the County desires to have certain services performed by the Contractor as described in this
Contract, and as authorized by the 2010 Annual Budget.
NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned,
to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows:
I. Incorporation of Exhibits
The Contractor shall provide services and comply with the requirements set forth in the following
attached exhibits, which are incorporated herein by reference:
A. Program Exhibits and Requirements
Exhibit A: Project Statement of Work, Description and Requirements
Exhibit B: Invoice
Exhibit C: Certificate of Insurance and Additional Insured Endorsement
II. Term and Termination
A. This Contract shall commence on 0110112010, and shall terminate on 1213112010, unless extended
ar terminated earlier, pursuant to the terms and conditions of the Contract.
B. This Contract may be terminated bythe either party without cause, in whole or in part, priorto fihe
date specified in Subsection 11.A, above, by providing the other party thirky X30} days advance
written notice of the termination.
C. The County may terminate this Contract, in whole or in part, upon seven days advance written
notice in the event: ~1 }the Contractor materially breaches any duty, obligafiion, or service required
SKCDPH-Agency BP:1 of 14
pursuant to this Contract, or ~2}the duties, obligations, or services required herein become
impossible, illegal, or not feasible.
if the Contract is terminated by the County pursuant to this Subsection I I.C. ~1 the Contractor
shall be liable for damages, including any additional costs of procurement of similar services from
another source.
If the termination results from acts yr omissions ofthe Contractor, including but not limited to
misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor
shall return to the County immediately any funds, misappropriated or unexpended, which have
been paid to the Contractor by the County.
D. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to
the termination date set forth above in Subsection II.A., the County may, upon written notification
to the Contractor, terminate this Contract in whole or in part.
If the Contract is terminated as provided in this Subsection: €1 }the County will be liable only for
payment in accordance with the terms of this Contract for services rendered prior to the effective
date of termination; and ~2~ the Contractor shall be released from any obligation to provide such
further services pursuant to the Contract as are affected by the termination.
Funding or obligation under this Contract beyond the current appropriation year is conditional upon
appropriation by the County Council of sufficient funds to support the activities described in the
Contract. Should such appropriation not be approved, this Contract will terminate at the close of the current appropriation year.
E. The Contractor may terminate this Contract upon seven days written notice, should the County commit any material breach of this Contract.
F. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law
that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party.
III. Compensa#ion and Method of Payment
A. The County shall reimburse the Contractorfor satisfactory completion of the services and
requirements specified in this Contract, payable in the following manner:
Upon receipt and approval of a signed invoice asset forth in Exhibit B that complies with the
budget in Exhibit A.
B. The Contractor shall submit an invoice and all accompanying reports as specified in the attached
exhibits not more than 60 working days after the close of each indicated reporting period. The
County will initiate authorization far payment after approval of corrected invoices and reports. The
County shall make payment to the Contractor not more than 30 days after a complete and
accurate invoice is received.
C. The Contractor shall submit its final invoice and all outstanding reports within 90 days of the date
this Contract terminates. If the Contractor's final invoice and reports are not submitted by the day
specified in this subsection, the County will be relieved of all liability for payment tv the Contractor of the amounts set forth in said invoice or any subsequent invoice.
D. V11hen a budget is attached hereto as an exhibit, the Contractor shall apply the funds received from the County under this Contract in accordance with said budget. The contract may
contain
separate budgets for separate program components. The Contractor shall request prior approval
from the County for an amendment to this Contract when the cumulative amount of transfers
among the budget categories is expected to exceed 10% of the Contract amount in any Contract
budget. Supporting documents necessary to explain fully the nature and purpose of the
amendment must accompany each request for an amendment.
E. If trove! costs are contained in the attached budget, reimbursement of Contractor travel, lodging,
and meal expenses are limified to the eligible costs based on the following rates and criteria.
SKCDPH-Agency BP:2 of 14
1. The mileage rate allowed by King County shall not exceed the current Internal Revenue
Service SIRS} rates per mile as allowed for business related travel. The IRS mileage rate
shall be paid for the operation, maintenance and depreciation of individually owned vehicles
for that time which the vehicle is used during work hours. Parking shall be the actual cost.
When rental vehicles are authorized, government rates shall be requested. If the Contractor
does not request government rates, the Contractor shall be personally responsible far the
difference. Please reference the federal web site for current rates: http:llwww.gsa.gov.
2. Reimbursement for meals shall be limited to the per diem rates established by federal travel
requisitions for the host city in the Code of Federal Regulations, 41 CFR § 3a1, App.A.
3. Accommodation rates shall not exceed the federal lodging limit plus host city taxes. The
Contractor shall always request government rates.
4. Air travel shall be by coach class at the lowest possible price available at the time the
County requests a particular trip. In general, a trip is associated with a particular work activity
of limited duration and only one round-trip ticket, per person, shall be billed per trip.
IV. Internal Control and Accountin S stem
The Contractor shall establish and maintain a system of accounting and internal controls which
complies with applicable, generally accepted accounting principles, and governmental accounting
and financial reporting standards.
V. Debarment an_d__Suspension Certification
Agencies receiving federal funds that are debarred, suspended, or proposed for debarment are
excluded from contracting with the County. The Contractor, by signature to this Contract, certifies
that the Contractor is not presently debarred, suspended, ar proposed for debarment by any
Federal department or agency. The Contractor also agrees that it will not enter into a subcontract
with a contractorthat is debarred, suspended, or proposed for debarment. The Contractor agrees
to notify King County in the event it, or a subcontractor, is debarred, suspended, yr proposed for
debarment by any Federal department or agency. For mare information on suspension and debarment, see Federal Acquisition Regulation 9.4.
VI. Maintenance of RecordslEvaluations and Ins ections
A. The Contractor shall maintain accounts and records, including personnel, property, financial, and
programmatic records and other such records as may be deemed necessary by the County to
ensure proper accounting for all Contract funds and compliance with this Contrac#. .
B. In accordance with the nondiscrimination and equal employment opportunity requirements set forth
in Section XIV. below, the Contractor shall maintain the following:
~ . Records of employment, employment advertisements, application forms, and other pertinent
data, records and information related to employment, applications for employment or the
administration or delivery of services or any other benefits under this Contract; and
2. Records, including written quotes, bids, estimates or proposals submitted to the Contractor
by all businesses seeking to participate on this Contract, and any other information
necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records.
The County may visit, at any mutually agreeable time, the site of the work and the Contractor's
office to review the foregoing records. The Contractor shall provide every assistance requested by the County during such visits. In all other respects, the Contractor shall make the
foregoing
records available to the County for inspection and copying upon request. If this Contract involves
federal funds, the Contractor shall comply with all record keeping requirements set forth in any
federal rules, regulations or statutes included or referenced in the contract documents.
C. Except as provided in Section VII ofthis Contract, the records listed in A and B above shall be
maintained for a period of six ~6} years after termination hereof unless permission to destroy them
SKCDPH-Agency BP:3 of 14
r'
is granted by the Office ofthe Archivist in accordance with Revised Code of Washington ~RCW}
Chapter 40.14,
D. Medical records shall be maintained and preserved by the Contractor in accordance with state and
federal medical records statutes, including but not limited to RCW 70.41.190,10.D2.160, and
standard medical records practice. Ifthe Contractor ceases operations under this Contract, the
Contractor shall be responsible for the disposition and maintenance of such medical records.
E. The Contractor shall provide right of access to its facilities---including those of any subcontractor
assigned any portion of this Contract pursuant to Section XIII to the Caunty, the state, andlor
federal agencies or officials at all reasonable times in order to monitor and evaluate the services
provided under this Contract. The County will give advance notice to the Contractor in the case of
fiscal audits to be conducted by the County.
F. The records and documents with respect to all matters covered by this Contract shall be subject at
all time to inspection, review, or audit by the County andlor federallstate officials so authorized by
law during the performance of this Contract and six ~6} years after termination hereof, unless a longer retention period is required bylaw.
G. The Cantractor agrees to cooperate with the County or its agent in the evaluation of the Contractor's performance underthis Contract and to make available all information reasonably
required by any such evaluation process. The results and records of said evaluations shall be
maintained and disclosed in accordance with RCW Chapter 42.56.
H. The Contractor agrees that all information, records, and data collected in connection with this
Contract shall be protected from unauthorized disclosure in accordance with applicable state and
federal law.
Vll. Com fiance with the Health insurance Porfabiiit Accountabilit Act of 1996 HIPAA
Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45 Code of Federal Regulations CFR} Parts 164 and 164.
A. ~bli ations and Activities of the Contractor
1. The Contractor agrees not to use or disclose protected health information other than as
permitted or required by this Contract, HIPAA and the Health Information Technology for
Economic and Clinical Health Act HITECH}, The Contractor shall use and disclose
protected health information only if such use or disclosure, respectively, is in compliance with each applicable requirement of 45 CFR ~ 164.504~e}.The Contractor is directly
responsible for full compliance with the privacy provisions of HIPAA and HITECH that apply
to business associates.
2. The Contractor agrees to implement administrative, physical, and technical safeguards that
reasonably and appropriately protect the confidentiality, integrity, and availability of the
protected health information that it creates, receives, maintains, or transmits on behalf of the
County as required by 45 GFR, Part 164, Subpart C. The Cantractor is directly responsible
for compliance with the security provisions of HIPAA and HITECH that apply to business
associates, including sections 164.308,164.310,164.312, and 164.316 of title 45 CFR.
3. Within two ~2} business days of the discovery of a breach as defined at 45 CFR ~ 164.402
the Contractor shall notify the County of any breach of unsecured protected health
information. The notification shall include the identification Of each individual whose unsecured protected health information has been, or is reasonably believed by the
Contractor to have been, accessed, acquired, or disclosed during such breach; a brief
description of what happened, including the date of the breach and the date of the discovery
of the breach, if known; a description of the types of unsecured protected health information
that were involved in the breach such as whether full name, social security number, date of
birth, home address, account number, diagnosis, disability code, or other types of
information were involved}; any steps individuals should take to protect themselves from
SKCDPH-Agency BP:4 of 14
potential harm resulting from the breach; a brief description of what the Contractor is doing
to investigate the breach, to mitigate harm to individuals, and to protect against any further
breaches; the contact procedures of the Contractor for individuals to ask questions or learn
additional information, which shall include a toll free number, an a-mail address, Vveb site, or
postal address; and any other information required to be provided to the individual by the
County pursuant to 45 CFR ~ ~ 64.404, as amended. A breach shall be treated as discovered in accordance with the terms of 45 CFR ~ ~ 64.410. The information shall be updated
promptly and provided to the County as requested by the County.
4. The Contractor agrees to mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of protected health information by the Contractor
in
violation of the requirements of this Contract or the law.
5. The Contractor agrees to report in writing all unauthorized or otherv~rise improper disclosures of protected health information or security incident to the County within two days
of the
Contractor knowledge of such event.
6. The Contractor agrees to ensure that any agent, including a subcontractor, to whom it provides protected health information received from, or created or received by the Contractor
on behalf of the County, agrees to the same restrictions and conditions that apply through
this Contract to the Contractor with respect to such information,
1. The Contractor agrees to make available protected health information in accordance with 45
CFR ~ ~ 64.524.
8. The Contractor agrees to make available protected health information far amendment and
incorporate any amendments to protected health information in accordance with 45 CFR ~
164.526.
9. The Contractor agrees to make internal practices, books, and records, including policies and
procedures and protected health information, relating to the use and disclosure of protected
health information received from, or created or received by the Contractor on behalf of King
County, available to the Secretary, in a reasonable time and mannerfor purposes of the
Secretary determining King County's compliance with HIPAA, HiTECH or this Contract.
10. The Contractor agrees to make available the information required to provide an accounting
of disclosures in accordance with 45 CFR X164.528. Should an individual make a request to
the County for an accounting of disclosures of his ar her protected health information
pursuant to 45 CFR ~ 164.528, Contractor agrees to promptly provide an accounting, as specified under 42 U.S.C. § 1?935~c}~1}and 45 CFR X164.528, of disclosures of protected
health information that have been made by the Contractor acting on behalf of the County.
The accounting shall be provided by the Contractor to the County or to the individual, as
directed by th e County.
B. Permitted Uses and Disclosures b Business Associate
The Contractor may use or disclose protected health information to perform functions, activities, or
services far, or on behalf of, King County as specified in this Contract, provided that such use or
disclosure would not violate HiPAA if done by King County or the minimum necessary policies and
procedures of King County.
C. Effect of Termination
1. Except as provided in paragraph C.2. of this Section, upon termination of this Contract, for any reason, the Contractor shall return or destroy all protected health information received
from the County, or created or received by the Contractor on behalf of the County. This
provision shall apply to protected health information that is in the possession of
subcontractors or agents of the Contractor. The Contractor shall retain no copies of the
protected health information.
SKCDPH-Agency BP:S of 14
2. In the event the Contractor determines that returning or destroying the protected health
information is infeasible, the Contractor shall provide to King County notification of the
conditions that make return or destruction infeasible. Upon notification that return or
destructive of protected health information is infeasible, the Contractor shall extend the protections of the Contract to such protected health information and limit further uses and
disclosure of such protected health information to those purposes that make the return or
destruction infeasible, for so long as the Contractor maintains such protected health
information.
D. Reimbursement far Costs Incurred Due to Breach
Contractor shall reimburse the County, without limitation, for all casts of investigation, dispute resolution, notification of individuals, the media, and the government, and expenses
incurred in responding to any audits or other investigation relating to or arising out of a
breach of unsecured protected health information by the Contractor.
VIII. Audits
A. If the Contractor or subcontractor is a municipal entity or other government institution or
jurisdiction, or is anon-profit organization as defined in OMB Circular A-~ 33, and expends a total of $500,000 or more in federal financial assistance and has received federal financial
assistance
from the County during its fiscal year, then the Contractor or subcontractor shall meet the
respective A-~ 33 requirements described in subsections VIII.B. and VIII.C.
B. If the Contractor is anon-profit organization, it shall have an independent audit conducted of its
financial statement and condition, which shall comply with the requirements of GAAS generally
accepted auditing standards}; GAO's Standards for Audits of Governmental Organizations,
Programs, Activities, and Functions; and OMB Circular A-~ 33, as amended, and as applicable.
The Contractor shall provide a copy of the audit report to each County division providing financial
assistance to the Contractor no later than six ~0}months subsequent to the end of the Contractor's fiscal year. The Contractor shall provide to the County its response and corrective
action plan for
all findings and reportable conditions contained in its audit. When reference is made in its audit to
a "Management Letter" or other correspondence made by the auditor, the Contractor shall provide
copies of those communications and the Contractor's response and corrective action plan.
Submittal of these documents shall constitute compliance with subsection VIII.A.
C. If the Contractor is a municipal entity or other government institution or jurisdiction, it shall submit
to the Gounty a copy of its annual report of examinationlaudit, conducted by the vVashington State
Auditor, within thirty X30} days of receipt, which submittal shall constitute compliance with
subsection VII1.A.
D. if the Contractor, for-profit ornon-profit, receives in excess of 00,000 in funds during its fiscal
yearfrom the County, it shat! provide a fiscal yearfinancial statement prepared by an independent
Certified Public Accountant or Accounting Firm within six ~6} months subsequent to the close of the Contractor's fiscal year.
E. Additional audit or review requirements which may be imposed on the County will be passed onto
the Contractor and the Contractor will be required to comply with any such requirements.
IX. Corrective Action
If the County determines that a breach of contract has occurred, that is, the Contractor has failed
to comply with any terms or conditions of this Contractor the Contractor has failed to provide in
any manner the work or services agreed to herein, and if the County deems said breach to warrant
corrective action, the following sequential procedure will apply:
A. The County will notify the Contractor in writing of the nature of the breach;
The Contractor shall respond in writing within three ~3} working days of its receipt of such
notification, which response shall indicate the steps being taken to correct the specified
deficiencies. The corrective action plan shall specify the proposed completion date for bringing the
SKCDPH-Agency BP.6 of ~4
Contract into compliance, which date shall not be more than ten 0} days from the date of the
Contractor's response, unless the County, at its sole discretion, specifies in writing an extension in
the number of days to complete the corrective actions;
B. The County will notify the Contractor in writing of the County's determination as to the sufficiency
of the Contractor's corrective action plan. The determination of sufficiency of the Contractor's
corrective action plan shall be at the sole discretion of the County;
C. In the event that the Contractor does not respond within the appropriate time with a corrective
actian plan, or the Contractor's corrective action plan is determined by the County to be
insufficient, the County may commence termination of this Contract in whole or in part pursuant to
Section II.C.;
D. In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor
from incurring additional obligations of funds until the County is satisfied that corrective action has
been taken or completed; and
E. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to
Section II. Subsections B, C, D, and E.
X, Dis ute Resolution
A. The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems
that arise in connection with this Contract. Both parties will make a goad faith effort to continue
without delay to carry out their respective responsibilities under this Contract while attempting to
resolve the dispute under this section.
B. If a dispute arises between the parties that cannot be resolved by direct negotiation, the dispute
shall be submitted to a dispute board for anon-binding determination. Each party shall timely
appoint one member to the dispute board. Those members shall jointly appoint an additional
member. Any costs of the dispute board shall be split evenly between the two parties. The dispute
board shall timely review the facts, Contract terms and applicable law and rules, and make its determination. Provided that each party and the dispute board act in a timely manner, the
parties
agree not to seek legal or equitable relief in the courts until the dispute board renders its
determination. Thereafter, either party may seek legal or equitable relief in the courts.
Xl. Hold Harmless and Indemnification
A. In providing services under this Contract, the Contractor is an independent Contractor, and neither
it nor its officers, agents, employees, or subcontractors are employees of the County for any purpose. The Contractor shall be responsible for all federal andlor state tax, industrial
insurance,
and Social Security liability that may result from the performance of and compensation for these
services and shall make no claim of career service or civil service rights which may accrue to a
County employee under state or local law.
The County assumes no responsibility for the payment of any compensation, wages, benefits, or
taxes by, or on behalf of the Contractor, its employees, subcontractors andlor others by reason of
this Contract. The Contractor shall protect, indemnify, and save harmless the County, its officers,
agents, and employees from and against any and all claims, casts, andlor losses whatsoever
occurring or resulting from ~1} the Contractor's failure to pay any such compensation, wages, benefits, or taxes, andlor ~2} the supplying to the Contractor of work, services, materials,
or
supplies by Contractor employees or other suppliers in connection with or suppork of the
performance ofthis Contract.
B. The Contractor further agrees that it is financially responsible for and will repay the County all
indicated amounts following an audit exception which occurs due to the negligence, intentional act,
andlor failure, for any reason, tv comply with the terms of this Contract by the Contractor, its
officers, employees, agents, or subcontractors. This duty to repay the County shall not be
diminished or extinguished by the prior termination of the Contract pursuant to the Duration of
Contractorthe Termination section,
SKCDPH-Agency BP:7 of 14
C, The Contractor shall defend, indemnify, and hold harmless the County, its officers, employees, and
agents from any and all costs, claims, judgments, andlor awards of damages, arising out of, or in
any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees,
subcontractors andlor agents in its performance ornon-performance of its obligations under this
Contract In the event the County incurs any judgment, award, andlor cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses,
and costs
shall be recoverable from the Contractor.
D. The County shall defend, indemnify, and hold harmless the Contractor, its officers, employees, and
agents from any and alt costs, claims, judgments, andlor awards of damages, arise out of, or in
any way result from, the negligent acts Dr omissions ofthe County, its afficers, employees, or
agents in its performance ornon-performance of its obligations under this Contract. In the event
the Contractor incurs any judgment, award, andlor cost arising therefrom including attorneys' fees
to enforce the provisions of this article, all such fees, expenses, and costs shalt be recoverable
from the County.
E. Nothing contained within this provision shall affect andlor alter the application of any other
provision contained within this Contract.
F. The indemnification, protection, defense and save harmless obligations contained herein shall
survive the expiration, abandonment or termination of this Agreement.
XII. Insurance Requirements
A. By the date of execution of this Cantract, the Contractor shall procure and maintain for the duration
of this Contract, insurance against claims for injuries to persons or damages to property which may
arise from, or in connection with, the performance of work hereunder by the Contractor, its agents,
representatives, employees, andlor subcontractors. The costs of such insurance shall be paid by
the Contractor or subcontractor. The Contractor may furnish separate certificates of insurance and
policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. The Contractor is responsible for ensuring compliance with all
of
the insurance requirements stated herein. Failure by the Contractor, its agents, employees,
officers, subcontractors, providers, andlor provider subcontractors tv comply with the insurance
requirements stated herein shall constitute a material breach of this Contract.
B. Minimum Sco a and Limits of Insurance
By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor under this Contract. The Contractor
shall assess its own risks and, if it deems appropriate andlor prudent, maintain greater limits
andlor broader coverage.
Coverage shall be at least as broad as:
1. Commercial General Liability:
lnsurance Services Office form number ECG OD D1 current edition or its equivalent} covering
CC3MMERCIAL GENERAL LIABILITY.
Minimum Limit: ~ 000 000 combined single limit per occurrence by bodily injury,
personal injury, and property damage, and forthose policies with aggregate limits, a
2 000 000 aggregate limit.
2. Professional Liability:
Professional Liability, Errors, and Omissions coverage. In the event that services delivered
pursuant to this Contract either directly or indirectly involve or require professional services,
Professional Liability, Errors, and Omissions coverage shall be provided.
Minimum Limit: ~ 000 000 per claim and in the aggregate.
3. Automobile Liability:
SKCDPH-Agency BP:B of 14
i
In the event that services delivered pursuant to this Contract require the use of a vehicle or
involve the transportation of clients by Contractor personnel in Contractor-owned vehicles or
non-owned vehicles, the Contractor shall provide evidence of the appropriate automobile
coverage.
Insurance Services office form number ACA o4 01 current edition or its equivalent} covering
BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the appropriate coverage provided
by symbols 8, or 9.
Minimum Limit: 1 000 000 combined single limit per accident for bodily injury and
property damage.
4. Workers' Compensation;
Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable federal or
"other States" state law.
Minimum Limit: Statutory requirements of the state of residency.
5. Stop GaplEmployers Liability:
Coverage shall be at least as broad as the protection provided by the Workers'
Compensation policy Part 2 Employers Liability} or, in states with monopolistic state funds,
the protection provided by the "Stop Gap" endorsement to the general liability policy.
Minimum Limit: 1 000 000
C. Deductibles and Self Insured Retentions
Any deductibles orself-insured retentions must be declared to, and approved by, the County. The
deductible andlor self insured retention of the policies shall not apply to the Contractor's liability to
the County and shall be the sole responsibility of the Contractor.
D. Other Insurance Provisions
The insurance policies required in this Con#ract are to contain, or be endorsed to contain, the
following provisions:
1. Liabilit Policies Exce t Workers Cam ensation and ProfessionallErrorsanl Omissions
a. The County, its officers, officials, employees, and agents are to be covered as
additional insureds as respects liability arising out of activities performed by or on
behalf of the Contractor in connection with this Contract. ECG 201011/8 or its
equivalent}
b. The Contractor's insurance coverage shall be primary insurance as respects the
County, its officers, officials, employees, and agents. Any insurance andlor self
insurance maintained by the County, its offices, officials, employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in any way.
c. The Contractor's insurance shall apply separately to each insured against whom claim is made andlor lawsuit is brought, except with respect to the limits of the insurer's
liability.
2, All Policies
a. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits,
except by the reduction of the applicable aggregate limit by claims paid, until after
forty-five X45}days prior written notice has been given to the County.
b. Each insurance policy shall be written on an "occurrence" farm; except that insurance
on a "claims made" form may be acceptable with prior County approval.
SKCDPH-Agency BP:9 of 14
If coverage is approved and purchased on a "claims made'' basis, the Contractor
warrants continuation of coverage, either through policy renewals or the purchase of
an extended discovery period, if such extended coverage is available, for not less than
three ~3~ years from the date of Contract termination, andlor conversion from a "claims
made" form to an "occurrence" coverage form.
E. Acceptability of Insurers
Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests'
rating of no less than A: VIII, or, if not rated with Bests, with minimum surpluses the equivalent of
Bests' surplus size VIII.
Professional Liability, Errors, and emissions insurance may be placed with insurers with a Bests'
rating of B+VII. Any exception must be approved by King County.
If, at any time, the foregoing policies shall fail to meet the above minimum requirements the
Contractor shall, upon notice to that effect from the County, promptly obtain a new policy, and shall
submit the same to the County, with appropriate certificates and endorsements, for approval.
F. Verification of Covera
The Contractor shall furnish the County certificates of insurance and endorsements required by
this Contract. Such certificates and endorsements, and renewals thereof, shall be attached as
exhibits to the Contract. The certificates and endorsements for each insurance policy are to be
signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and
endorsements for each insurance policy are to be on forms approved by the County prior to the
commencement of activities associated with the Contract. The County reserves the right to require complete, certified copies of all required insurance policies at any time.
C. Municipal or State Contractor Provisions
If the Contractor is a Municipal Corporation or a Contractor of the State of Washington and is self
insured for any of the above insurance requirements, a certification of self insurance shall be
attached hereto and be incorporated by reference and shall constitute compliance with this
Section.
H. Insurance for Subcontractors
If the Contractor subcontracts any portion of this Contract pursuant to Section XIII, the Contractor
shall include all subcontractors as insureds under its policies or shall require separate certificates
of insurance and policy endorsements from each subcontractor. Insurance coverages provided by
subcontractors as evidence of compliance with the insurance requirements of this Contract shall be subject to all of the requirements stated herein.
I. All Coverages and Requirements
Nothing contained within these insurance requirements shall be deemed to limit the scope,
application andlor limits vfthe coverage afforded by said policies, which coverage wilt apply to
each insured to the full extent provided by the terms and conditions of the policy~s~. Nothing
contained within this provision shall affect andlor alter the application of any other provision contained within this Contract.
XIII. AssignmentlSubcon~ractin
A. The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign
any claim arising pursuant to this Contract without the written consent of the County. Said consent
must be sought in writing by the Contractor not less than fifteen ~15~ days prior to the date of any proposed assignment.
B. "Subcontract" shall mean any agreement between the Contractor and a subcontractor or between
subcontractors that is based on this Contract, rop vided that the term "subcontract" does not
SKCDPH-Agency BP:1 D of 14
include the purchase of ~1 }support services not related to the subject matter of this Contract, or ~2}
supplies.
C. The Contractor shall include Sections III.D., IV, V, VI, VII, VIII, XI, XII, XIV, XV, XXI, and XXV, in every subcontract or purchase agreement for services that relate to the subject
matter of this
Contract.
D. The Contractor agrees to include the following language verbatim in every subcontract, provider
agreement, or purchase agreement for services which relate to the subject matter ofthis Contract:
"Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, andlar awards of damages
arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its
officers, employees, andlor agents in connection with or in support ofthis Contract. Subcontractor
expressly agrees and understands that King Caunty is a third party beneficiary to this Contract and
shall have the right to bring an action against subcontractor to enforce the provisions of this
paragraph."
XIV. Nondiscrimination
The Contractor shall amply with all applicable federal, state and local laws regarding discrimination.
XV. Nond„5crimination in Subcontracting Practices
A. [n accordance with the provisions of Washington Initiative 200, no County Minority and Women
Business ~MIWBE} utilization requirements shall apply to this Contract. No minimum level of M1V118E subcontractor participation or purchase from M1WBE certified vendors is required and
no
preference will be given by the County to a bidder or proposer for their MIWBE utilization or
M1vvBE status. The completion of Caunty MIWBE forms which may be included in the Contract
documents is not required. Provided, however, that any affirmative action requirements set forth in
any federal regulations or statutes included or referenced in the Contract documents will continue
to apply.
B. During the term of this Contract, the Contractor shall not create barriers to open and fair
opportunities for MIVVBEs to participate in all County contracts and to obtain or compete for
contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers, the Contractor
shall
not discriminate against any person on the basis of race, color, creed, religion, sex, age,
nationality, marital status, sexual orientation or the presence of any disability in an otherwise
qualified disabled person.
C. The Contractor shall maintain, until at least 12 months after completion of all work under this
Contract, records and information necessary to document its level of utilization of MIV11BEs and
other businesses as subcontractors and suppliers in this Contract and in its overall public and
private business activities. The Contractor shall also maintain, until 12 months after completion of
ail work under this Contract, all written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate in this Contract. The Contractor shall
make
such documents available to the Countyfor inspection and copying upon request. If this Contract
involves federal funds, Contractor shall comply with all record keeping requirements set forth in
any federal rules, regulations or statutes included or referenced in the Contract documents.
D. King County encourages the Contractor to utilize small businesses, including Minority-owned and
Women-owned Business Enterprises ~"M1v11BEs"} in County contracts. The Washington State
Office of Minority and Women's Business Enterprises ~aMWBE} can provide a list of certified
MIIlVBEs. Contact aMWBE office at X360} 753-9693 or on-line through the web site at
www.wsdot.wa.govlomwbel.
E. Any violation of the mandatory requirements of the provisions of this Section shall be a material
breach of Contract for which the Contractor may be subject to damages and sanctions provided for
by Contract and by applicable law.
SKCDPH-Agency BP:11 of 14
XVI. Conflict of Interest
A. The Contractor agrees to comply with the provisions of KCC Chapter 3.04. Failure to comply with
any requirement of KCC Chapter 3.04 shall be a material breach of this Contract, and may result in
termination of this Contract pursuant to Section II and subject the Contractor to the remedies
stated therein, or otherwise available to the County at law or in equity.
B. The Contractor agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure
preferential treatment in its dealings with the County by offering any valuable consideration, thing
of value or gift, whether in the form of services, loan, thing or promise, in any form to any county
official or employee. The Contractor acknowledges that if it is found to have violated the
prohibition found in this paragraph, its current contracts with the county will be cancelled and it
shall not be able to bid on any county contract for a period of two years.
C. The Contractor acknowledges that for one year after leaving County employment, a former county
employee may not have a financial or beneficial interest in a contract or grant that was planned, authorized, or funded by a county action in which the former county employee participated
during
county employment. Contractor shall identify at the time of offer current or former County
employees involved in the preparation of proposals or the anticipated performance of Work if
awarded the Contract. Failure to identify current or former County employees involved in this
transaction may result in the County's denying or terminating this Contract. After Contract award,
the Contractor is responsible for notifying the County's Project Manager of current or former
County employees who may become involved in the Contract any time during the term of the Contract.
XVII. E ui ment Purchase Maintenance and ~wnershi
A. The Contractor agrees that any equipment purchased, in whole or in part, with Contract funds at a
cost of $5,000 per item or more, when the purchase of such equipment is reimbursable as a
Contract budget item, is upon its purchase or receipt the property afthe County andlar
federallstate government.
B. The Contractor shall be responsible for all such property, including the proper care and
maintenance of the equipment.
C. The Contractor shall ensure that all such equipment will be returned to the County orfederallstate
government upon termination of this Contract unless otherwise agreed upon by the parties.
D. The County will provide property tags so Gontractor can mark property. The Contractor shall admit
County staffto the Contractor's premises forthe purpose of confirming property has been marked
with County property tags. The Contractor shall establish and maintain inventory records and
transaction documents purchase requisitions, packing slips, invoices, receipts of equipment purchased with Contract funds.
XVIII. Pro rietar R~ i,~ghts
The parties to this Contract hereby mutually agree that if any patentable or copyrightabie material or
article should result from the work described herein, all rights accruing from such material or article shall
be the sole property of the party that produces such material or article. lfany patentable or copyrightable material or article should result from the work described herein and is jointly
produced by
both parties, all rights accruing from such material or article shall be owned in accordance with US
Patent Law. Each party agrees to and does hereby grant to the other party, irrevocable, nonexclusive,
and royalty-free license to use, according to law, any material or article and use any method that may be
developed as part of the work under this Contract.
The foregoing products license shall not apply to existing training materials, consulting aids, checklists,
and other materials and documents of the Contractor which are modified for use in the performance of
this Contract.
SKCDPH-Agency BP:12 of ~4
The foregoing provisions ofthis section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractorthat are not modified
for use in the
performance ofthis Contract.
XIX. Political Activit Prohibited
None ofthe funds, materials, property, or services provided directly or indirectly underthis Contract shall
be used for any partisan political activity or to further the election or defeat of any candidate for public
office.
XX. Kin Count Rec cled Product Procurement Polic
In accordance with King County Code 10.16, the Contractor shall use recycled paper for the production
of all printed and photocopied documents related to the fulfillment ofthis Contract. In addition, the
Contractor shall use both sides of paper sheets for copying and printing and shall use
recycledlrecyclable products wherever practical in the fulfillment ofthis Contract.
XXI. Future Support
The County makes no commitment to support the services contracted for herein and assumes no
obligation forfuture support of the activity contracted herein except as expressly set forth in this
Contract.
XXII. Entire CantractlyVaiver of Default
The parties agree that this Contract is the complete expression of the terms hereto and any oral or
written representations orunderstandings not incorporated herein are excluded. Both parties recognize
that time is of the essence in the performance of the provisions of this Contract. Waiver of any default
shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the
Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be
construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract.
XXIII. Contract Amendments
Either party may request changes to this Contract. Proposed changes which are mutually agreed upon
shall be incorporated by written amendments to this Contract.
xxly. Notices
Whenever this Contract provides for notice to be provided by one party to another, such notice shall be
in writing and directed to the chief executive office of the Contractor and the project representative of the
County department specified on page one of this Contract. Any time within which a party must take some
action shall be computed from the date that the no#ice is received by said party.
XXV. Services Provided in Accordance with Law and Rule and Re ulation
The Contractor and any subcontractor agree to abide by the laws ofthe state of Washington, rules and
regulations promulgated thereunder, and regulations of the state and federal governments, as
applicable, which control disposition of funds granted under this Contract, all of which are incorporated
herein by reference.
In the event that there is a conflict between any of the language contained in any exhibit or attachment to
this Contract, the language in the Contract shall have control over the language contained in the exhibit
or the attachment, unless the parties affirmatively agree in writing to the contrary,
SKCDPH-Agency BP:13 of 14
XXVI.Applicable Law
This contract shall be construed and interpreted in accordance with the laws of the State of Washington.
The venue for any action hereunder shall be in the Superior Court for King County, Washington.
IN WITNESS HEREOF, the parties hereby agree to the terms and conditions of this Contract:
City of Auburn Parks, Art and
KING COUNTY Recreation Department
FOR King County Executive Signature
Date NAME Please type or print
Date
Approved as to Form:
OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY
PHSKC Contract # D39943D ~ Qlympic Leadership Academy
SKCDPH~Agency BP:14 of 14
SC AFAR
CONTRACT # D39943D EXHIBIT A-~
EXHIBIT A
PROJECT STATEMENT OF WORK, DESCRIPTION, & REQUIREMENTS
Safe Communities
Olympic Leadership Academy
City ofi Auburn Parks, Art and Recreation Department
Contract Period 111114 ~ 1 X131114
I. STATEMENT OF WORK
The Agency shall provide a youth leadership project in accordance with the terms and
conditions described herewith. The total amount of reimbursement pursuant to this
Exhibit shall not exceed $50,000 for the period of January 1, 2010 through December 31,
2010.
11. PROGRAM DESCRIPTION
Safe Community programs are community collaborations based on proven and best
practice programs designed to prevent recidivism or entry into the juvenile justice system.
Services are multi-faceted and targeted to meet the specific needs of individual youth,
and are designed to build on the assets and strengths of youth to maximize their social
and academic success in the transition from adolescence to early adulthood.
A. GOAL
The goal of Safe Communities programs is to mobilize all elements of the
community to work together for community safety and for opportunities for youth.
The program will assist communities in providing positive options and role models
for youth and in reducing youth crime, violence and involvement in the Juvenile
Justice System.
B. OUTCUMES
Youth participating in the Olympic Leadership Academy ~OLA~ will experience the
following outcomes:
1. At least l5°l0 of youth participating in the project will experience reduced rates
of recidivism andlor avoid contact with the juvenile justice system.
2. At least ?5% of youth participating in the project will decrease their risk-taking .
behavior
3. At least 70% of regular project participants will increase their participation in
school and extra-curricular activities
4. At least 45°h of regular project participants ~ will meet or surpass State
standards setforthe students grade level in both reading and mathematics
5. At least 25% of project participants' parents will participate in the OLA program
activities andlor school activities and events.
6. At least 50°/~ of regular project participants will incur fewer disciplinary actions
at school.
H
SC
APAR CDNTRACT # D39943D .
EXH1BiT Awl
C. QUTCQME LINKAGE TQ GQMMUNITIES CQUNT 2008 REPORT
For the contract period of January 1, 2010 through December 31, 2010 the
Agency shall demonstrate a linkage between service outcomes listed above, and
at least two of the 38 social and health indicators listed in the Communities Gount
2008 Report. Such linkage is sought to connect contracted Agency outcomes to a
clear, common, and measurable set of community-defined social and health
indicators.
The Agency's contracted service outcomes shall impact the following Communities
Count 2008 Social and Health Indicators as listed below:
1. Academic Achievement .
Youth participating in the project will increase their school attendance and
academic achievement. The agency will collect and monitor grades and
attendance records as part of their data collection process.
2. ParentlGuardian Involvement in Childs Learning
Parents of project participants will increase their involvement in their child's
learning through increased involvement in school and QLA activities. Data will
be tracked through parent attendance at school and QLA activities.
D. OUTPUTS
1. 25 "atMrisk"middle school youth receive 1 hour of academic skills building, 4
days a week.
2. 25 "at-risk" middle school youth receive 1 hour of youth development activities,
4 days a week,
3. Parents of children enrolled in the aLAwill have access to volunteer opportunities within the ALA including tutoring, leading activities and
preparation of culturally relevant snacks.
4. Parents will have access to the project family advocate for referrals to family
support services
5. Minimum Service Level
This Program shall serve a minimum of 25 youth each month for the months of
January-June and actober-December. This is an unduplicated count. For the
months of July, August and September project staff shall be engaged in
planning and evaluation activities. During this time no youth will be served.
E. ACTIVITIES
1. Academic skills-building that reinforces what is learned in the class and utilizes
curriculum adopted by the Auburn School District.
SC
APAR
CONTRACT # D39943D EXHIBIT A-3
2. Youth development activities that focus on socialization skills, youth
development and cultural enrichment along with observances and celebrations
of cultural customs, historical events, music and holidays.
3. Conduct pre- and post-tests of participant knowledge and behavior.
4. Coordination with parents of volunteer opportunities within the aLA.
5. Referrals of GLA Parents to collateral contacts in the community for family
support services including food and clothing, ESL classes, parenting education
and assistance, and peer support groups.
6. Maintain partnerships with other community-based organizations for referrals and service coordination.
Gather outcome evaluation data on project participants.
F, RESGURCES
1. Project Staff
■ .25 FT Project Director
■ .6 FTE Family Advocate
■ 3.1 FTE Para Educators
■ 3.1 FTE Recreational Aids
2. Partners
■ Auburn School District
■ Olympic Middle School ■ Centro De Amistad Latina
3. Funding
■ King County Children and Family Commission
■ Auburn School District
■ City of Auburn
■ 21St Century Schools
atc in Funds Re u,,,,, - . g q ,,~rement
At a minimum the Agency shall secure a 35°/° match for the total cost of the
program. This match shall be from a funding source outside of King County
funders. Failure to comply with this requirement will result in termination of the
contract. In-kind contributions are not considered a cash match unless
negotiated with the County,
III. COMPENSATION AND METHOD OF PAYMENT
The Agency shall be reimbursed monthly for 1112 of the total amount specified in Section
I. Work Statement, of this Exhibit for the contract period subject to the following
conditions:
A. If the Agency provides at least 90°/° of the required monthly Minimum Service Level
specified in Section II. D.5, the County shall reimburse the Agency 100°/° of the
routine monthly reimbursement amount specifies above.
B. If for any given month the Agency provides less than 90% of the required monthly
performance standard specified above, the County will pay the routine monthly
reimbursement amount less the % below 90%.
SC
APAR CONTRACT # D39943D
EXHIBIT A-~
C. At the end of each calendar quarter, if the Agency meets or exceeds 9D°/o of the
required contract cumulative service level, the County shall reimburse the Agency
the maximum allowable Year to Date reimbursement for that quarter.
IV. REPORTING, MONITORING, EVALUATION AND CULTURAL COMPETENCY
REQUIREMENTS
The Agency will maintain and make available to the County documentation
demonstrating accomplishments of all contractual requirements. Such documentation
may include, but is not limited to the following: ~1 } servicesltrainingslactivities provided,
~2} date of servicesltrainingslactivities, ~3} # of hours, ~4} names of participants, ~5}
evaluation of services by participants, ~6} service fogs, and announcements.
A. Monthly Reports
The Agency shall send monthly invoices Exhibit B} within 10 working days after
the end of each calendar month.
In the event the agency does not meet the monthly reporting requirements or the
reports are not accurate andlor complete, the following process will be observed in
the event that the County withholds reimbursement pursuant to this provision:
1. The County will notify the Agency within 10 working days upon receipt of
the monthly reporting requirements verbally and in writing of the errors
andlor omissions in reporting and of the specific corrective action the
Agency must take. The County will return the reports to the Agency for
correction.
2. The County may withhold reimbursement due to the Agency for the month
for which the reporting requirements have not been met.
3. When the Agency has taken the required corrective action, the County shall
pay all withheld funds according to the County's routine schedule.
B. Mid-Year Report
The Mid~Year Report shall be included with the June, 2g1 a monthly report. The
Report shall address the following:
1. Monthly Invoice
2. .Narrative repork addressing the extent to which the Goals, Outcomes,
Cutcame Linkage to Communities Count 2008, Outputs, and Activities
~Sectivn II} are being achieved tv date,
SC
AFAR
CDNTRACT # D39943D EXHIBIT A-5
C. Final Program Report
The Agency shall submit a Final Program Report which will be included with the
final December, 2010} invoice, The Final Program Report shall include the
following information:
Monthly Invoice
2. Narrative report addressing the e~ctent to which the Goals, Outcomes,
Outcome Linkage to Communities Count 2008, Outputs, and Activities
Section 11}are being achieved to date.
D. Monitoring Requirements
The Agency shall cooperate with a scheduled site visit conducted to determine
contract compliance and program assessment. Additional site visits for follow-up
or verification of reports may be made.
E. Evaluation
The Agency shall cooperate with the County or designee, in designing and
conducting an evaluation of the program. The Agency shall cooperate with the County or designee in an evaluation assessment for the program during 2410.
F. Cultural Competency
Agency staff shall participate with the County or designee in the development and
implementation of cultural competency guidelines.
5C AFAR
CONTRACT # D39943D
Exhibit B
Invoice
Safe Communities
Olympic Leadership Academy
City of Auburn Parks, Art and Recreation Department
914 9t" Street S E
Auburn, WA 98DD2
Contract Period 11111 D~12131110
TD: Seattle~King County Department of Public Health
King County Children and Family Commission
Attn : Jim Ott
4D1 5~" Avenue, Suite 13D0
Seattle, vIJA 9S1 D4
In performance of a signed contract, I certify the following services have been provided
for the period through ,
and request reimbursement forthe amount indicated below.
Printed Name Signature Date
Program Current Accumulated Balance Expenditure Item Bud et Ex enditure Ex enditure
g p p
Olympic
Leadership $50,000.00
Academ
Total $SD,DDD.Do
FUR HEALTH DEPARTMENT USE ONLY
Suffix Pro'ect Expense Acct Budget Current Expense to be Year to Date
~ Paid Paid
A 80~ 51H00~ 40 53~ SD $50,ODD.DD
Approved:
Children and Family Commission Program Manager Date