HomeMy WebLinkAboutExecuted PSA Between KCHD and KCHN Community Health WorkersKittitas County
Review Form
Grants & Contract Agreement
07/2 3
Today's Date
Fund/Department
11"6-Public Health bltf IwAgenda Date
Contract/Grant lnfor mation
Recommendation for BOCC Review on
Contr ct raG nt bPSA eAge twe nency itKitt as Co u a n dnty Kitti sta nCou H Itea hty N etwor kPeriod Begin Date: Ju ly I,2023 Period End Date: June 30 ,2024otTaGranntCorat/ct Amo u tn N ot ot ceCX ed 001s 00000
Grant/Contract N umber:
The contractor (Kittitas county) shall employ one or more community Health workers/promotoras desalud' who will work to decrease barriers to accessing covlD-1g vaccination for Kittitas county,s Latinxand spanish-speaking households' The position requiies courteous and cooperative interactions with a'department staff' county, state, and Federal agencies, .nJ ,h. public. rney witt be expected to provideassistance in other areas of Public Health ., n"ud.d. All employees work under the guidance ofloca l/state /f ederal / regu lations.
The 2023-2024 contract arso incorporates the foilowing changes:' ::::T:Yr'ffJ5:,.';il?"sement rate rrom .625 cents per mire to the current Kittitas county
o increase the KCHN administrative costs from L3yoto L6%,
Contract/G rant Summary:
Department Head Signature:Director Date:q ltt lz>
r's Offi
Signature of Auditor,
P ED
Signature of ros
, BOCC and Comment:Kittitas Co unty Prosecutor, Auditor
Date
-/c
Grant/Contract Review
Page 1
Verification the Contracti ng Agen cy is not Suspended/Disbarred:
Financial lnfo rmation
Bu lnform ation
Pass Thro nformationugh I
Prosecutor Revi EW
Cou nty Departments lmpacted
BOCC Ap rova I Needed?
Assignment of Tracki lnformation
suspen ded/d isba rredEAgency is not ot Checked (reason)IN
t - t q-r-sr)1\D'crr-v'aru.
TotalAm ount NTE S1OO,O0O State Funds S Federal Funds S s 100,000ePrcentaocugenFudsntyMatching Funds s cFDA#g3.268
ln-Kind g
lain
s E u mq ntep eb u rch asplng ?d
eN P re nson e b e n h re dg ?
Wh o o sn e u en ?tqpm
Contact HR hiri ng re utrementsFuture impacts or liability to Kittitas County:
Bud nAme d m Nent ee ed d ?
N D IV rsto Crn atee d ?
attach budget formYes I
Revenue Cod e
No D Why not
dgetedFunds alread ybu
Ll.J,'Expense Code 116.6123924s410L t/
nAge Ptocy SSa Th hroug
A mou nt to P ass hT uro gh
Expense CodeSub-Co ntract Approved Date:
H AS th e P rosec toru re diewe isth m eagree nt ?Yes No
Auditor's Office
dd,jslLt :-
Human Resource
Prosecutor,s Office
Auditor
F act it Mtes a nte n an cenrmfoatonServicesHuman Resourc eProsecutor
Treasu rer
Yes I NoI
Staff Mem ber presenting:
Grant/Co ntract Review
Page 2
Who Signed the grant application
Reviewer Date
Grant/Contract Review
Page 3
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made by and between Kiftitas County (hereinafter "the County')
and CONTRACTOR Kittitas County Health Network (hereinafter "Contractor"). The County
and Contractor agree as follows:
General conditions; Exhibit A (Scope of work); Exhibit B (Compensation);
Exhibit C (Proof of lnsurance)
copies of which are attached hereto and incorporated herein by this reference as fully as if
set forth herein.
The term of this Agreement shall commence on the 1st of July 2O23 for a period of
one year, unless terminated earlier in accordance with the terms provided herein. Both
parties will review the need for automatic no cost renewalfor an additional three (3) months
and indicate the mutual desire to renew in writing.
Contractor acknowledges and by signing this Agreement agrees that the
lndemniflcation provisions set forth in Paragraphs 7 (lndependent Contractor), g (Taxes),
15 (Defense and lndemnity Agreement), 21 (PatenUCopyright lnfringement) and 24
(Confidentiality), are totally and fully part of this Agreement and have been mutually
negotiated by the parties.
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Page 1 of 19
lN WTNESS W{EREOF, the parties have executed this Agreement this I5mday of frtM, zoz3. ' rYrvvrrrerrr rr
')
AppRovED:
BOARD OF COUNTY COMMISSIONERS
NTY, WASHI
S re of natory rman,Cory Wrig
P
Print of Signatory Wachsmith
ABSENT
Commissioner , Laura Osiadcz
Attest:
I
Contractor Mailing Address:
Kittitas County Health Network
110 W 6th Avenue pMB #393
Ellensburg, WA 98926
Project Contact:
Robin Read
Executive Director
Professional Services Agreement page
2of19
of rd
as to Form:
County's Address:
Kittitas County
205 West Sth Avenue, Suite 10g
Ellensburg, WA 98926
Project Contact:
Chelsey Loeffers
Public Health Director
Dep
sf?{L
GENERAL CONDITIONS
1. Scope of Contractor's Services:
Contractor agrees to provide to the County services and any materials set forth in the projectnarrative identified in Exhibit'A" during theAgreement period. No mate1al, labor, orfacilitieswill be furnished by the County, unles"s otheirvise prou'O"O for in the Agreement.
2. Performance of Work:
Contractor shall perform work in accordance with, and shall comply with, all of the provisionsof this Agreement. Allwork shallcomply with applicable cooes and ordinances.
3. Schedule of Performance:
Unless directed othenryise by the County, Contractor shall perform the work in accordancewith any schedules made a part of this Agreement.
4. Definitions:
4'1 "Additional lnsureds" mean_s the County, its successors and assigns, andthe respective directors, officers, employees, agents and representatives ofthe County and its successors and assigns.4'2 "Support" means the following: Contraitor's directors, officers, employees,agents and representatives; and sub-Contractors of any tier; the reipectivedireclors, officers, employees, agents and representatives'of these sub-Contractors of any tier; and any other person or entity acting under thedirection or control ol or on behalf ol Contractor or any Contractor,s sub-Contractors of any tier in connection with or incident to the performance of theWork or this Agreement.4'3 The "Work" means all of the duties listed in Exhibit A and the performance ofall other obligations, under this Agreement by Contractor or its Support.
I Acco.untifrg a]rd Pavment for Contractor Services:
Payment to the Contractor for services rendered under this Agreement shall be as set forthin Exhibit "8". Where Exhibit "B" requires payments by the Co-unty, payment ,n"1 U" basedupon billings, supported unless othenrvise provided in
'Exhibit
"8",
-by
documentation of unitsof work actually performed and amounts earned, including where appropriate, the actualnumber of days worked each month, total number of hours f6r the month,
"nO
irt" total dollarpayment requested- Unless specifically stated in Exhibit "8" or approved in writing inadvance by the Kittitas County Board of Commissioners, the County witt not reimburse theContractor for any costs or expenses incurred by the bontractor in performance of thisAgreement.
where required, the County shall, upon receipt of appropriate documentation, compensatethe Contractor, no more often than monthly,'through the Countv uoucf'tei system, for thecontractor's service pursuant to the fee sch-edue sit forth in Exhibit "8".
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6. Assionment and Subcontractinq:
No portion of this Agreement may be assigned or subcontracted to any other individual, firmor entity without the express and prior written approval of the county.
7. lndependent Contractor:
The Contractor's services shall be furnished by the Contractor as an independent Contractorand nothing herein contained shall be construed to create a relationship of employer-employee or master-servant, but all payments made hereunder and all services performedshall be made and performed pursuant to this Agreement by the Contractor as anindependent Contractor.
The Contractor acknowledges that the entire Gompensation for this Agreement is specifiedin Exhibit "8" and the Contractor is not entitled to any County benefrts including, but notlimited to: vacation pay, holiday pay, sick leave pay, medicai, dental, or other insurance
benefits, or any other rights or privileges afforded tb fittitas County employees.
Contractor will defend, indemnify and hold harmless the County, its Additional lnsureds,officers, agents or employees from any loss or expense, inciuding but not limited tosettlements, judgments, setoffs, attorneys' fees or costs incurred byieason of claims ordemands because of breach of the provisions of this paragraph.
8. No Guarantee of Emplovment:
The performance of all or part of this Agreement by the Contractor shall not operate to vestany employment rights whatsoever and shall not be deemed to guarantee any employment
of the Contractor or any employee of the Contractor or any sub-Contractor or any employeeof any sub-contractor by the county at the present time or in the future.
9. Taxes:
The Contractor understands and acknowledges that the County will not withhold Federal orState income taxes. \Mere required by State or Federal law, the Contractor authorizes theCounty to make withholding fol
"ny
taxes other than income taxes (i.e. Medicare). Allcompensation received by the Contractor will be reported to the lnternal Revenue Serviceat the end of the calendar year in accordance with ihe applicable IRS regulations. lt is theresponsibility of the Contractor to make the necessary estimated tax pay:ments throughoutthe year, if any, and the Contractor is solely liable for any tax obligation arising troil ttreContractor's performance of this Agreemeni. The Contrattor treredy agrees to-indemnifiTthe County against any demand to pay 1"*91 arising from the Contraclor's failure to pay
taxes on compensation earned pursuant to this Agreement.
The County will pay sales and use taxes imposed on goods or services acquired hereunderas required by law. The Contractor must pay all other taxes including, but not limited to:Business and occupation Tax, taxes based on the Contractor's grosl or net income, or
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Filr"Till:,J""+:": which the countv does not hord tire rhe county is exempt from
10. Requlations and Requirement:
This Agreement strailGEbJil-to all laws, rules and regulations of the United states ofAmerica' and state of washrngton, and political subdivisions of the siate or washington,and to any other provisions set-torilr herein or in the attached exhibits.
1 1. Riqht to Review:
This contract is subject to review by any Federal or state auditor. The county or its designeeshall have the right to review ani monitor the financr'at-anc service components of thisprogram by whatever means are deemed.expedienily il" county. sr"h ;J;w may occurwith or without notice, and may include, but is not timiteo !o, .o1-sit9 inspection by countyagents or employees' inspection of all records or other materials which itre county deemspertinent to the Agreemen| and its perfo.rman"u,
"nJ"nv "no all communications with orevaluation by service recipients und'er this Agreem"nt.-in" contractor shall preserve andmaintain all financial records and records riating io ilnu performance of work under thisAgreement for 6 years after contract termination,-and shall make them available for suchreview, within Kittitas county, State of washingio;, ,p- rlquest.
12 Modifiqations:
12-1 Either party may request changes in.the Agreement. Any and ail agreedmodifications shail be in writing,ligned nv u"".r, orthe parties.-'. - -'l
12'2 The County may, at any time, by written notice thereof to Contractor (,,ChangeNotice") makes. changes in t'he work *ifl.,in il.,u generar scope of thisAgreement, incruding, but not rimited t", i"l
'changes
in, revisions to,substitutions for, additions to or deretions it'"ny worr; tbl .-n"ngu, inschedule; and (c) acceleration, deceleration oisuspension of performance ofany Work.
12'3 lf any change in the work causes an increase or decrease on contractor,scost of, or the. time required for, performance-of the wor[,.
"n-uqritrneadjustment in the compensation to contractor and in the schedule for theperformance of the work shall be ruJ" to reriect such an increase ordecrease.
12'4 Notwithstanding any dispute or delay in arriving at a mutually acceptableequitable adjustment, contractor shallproceeo iniccordance wiirr att C6"ng"Notices. contractor must, within thirty (30) d"y; ;ft". receipt of any changeNotice that does not setforth
"ny "ccepiaoie adlusiment, submit to the countya written statement setting forilrany adjustmenl craimeo.
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12.5 lf any change results in a decrease in the Work performed, Contractor shallbe.entitled to compensation associated with changing the Work, such as
revising. design already completed, revising calculations already performed,
and revising documents.
13. Termination for Default:
lf the Contractor defaults by failing to perform any of the obligations of the Agreement orbecomes insolvent or is declared bankrupt or commits any aciof bankruptcy o-r insolvencyor makes an assignment for the benefit of creditors, the iounty may, by'depositing writtennotice to the Contractor in the U.S. mail, postage prepaid, terminate"tiie'Agreement, and atthe County's option, obtain performance of ltre work elsewhere. lf th; Agreement isterminated for default, the Contractor shall not be entitled to receive any furth5r paymentsunder the Agreement until all work called for has been fully performed.'Any efira cost ordamage to the County_ resulting from such default(s) shall be deducted from any money dueor coming due to the Contractor. The Contractor shall bear any extra expensei incurred bythe County in completing the work, and all damage sustained, or which may be sustainedby the County by reason of such default.
lf a notice of termination for default has been issued and it is later determined for any reasonthat the Contractor was not in default, the rights and obligations of the parties shall be thesame as if the notice of termination had been issued pursuant to the Termination for public
Convenience paragraph hereof.
14. Termination for Public Convenience:
The County may terminate the Agreement in whole or in part whenever the Countydetermines, in its sole discretion that such termination is in the best interests of the County.Whenever the Agreement is terminated in accordance with this paragraph,the Contractorshall be entitled to payment for actual work performed at unit contract-prices for completeditems of work. ln the event of such terminaiion, an equitable adjustment shall be made inthe compensation payable to Contractor.
An equitable adjustment in the contract price for partially completed items of work will bemade, but such adjustment shall not include provision for lbss of anticipated profit on deletedor uncompleted work. Termination of this Agreement by the County at any time during theterm, whether for default or convenience, shall not constitute a breach oi contract Oy ttreCounty.
15. Defense & lndemnitv Agreement:
The Contractor agrees to and shall defend, indemnify and hold harmless the County, itsAdditional lnsureds, appointed and elective officerq agents and employees, from andagainst all loss or expense_, including but not limited to jJdgments, settt'ements, attorney'sfees and costs by reason of any and all claims and demahdJupon the county, its Additionallnsureds, its elected or appointed officials, agents, or employees for damajes because of
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personal or bodily injury, including delth at any time resulting therefrom, sustained by anyperson or persons and on account of damage to property -inctuoing l"!r "t use thereof,whether such injury to persons or damage "to p;6",i; is due to the negligence of thecontractor, its sub-contiactors, its elected'offic"ir,
"rpioyees.or thejr agents, except onlysuch injury or damage as shall have been occasjgned ny tne.sote r"glig"i.; of the county,its Additionar rnsureds, appointed or erected ;ffi;;;,;gents, or emproyees. rt is furtherprovided that no liability shall attach to the corntv ov'*iron of entering into this contract,except as expressly provided herein.
1.6... lndustrial lnsurance Waiver:
with respect to the perrorrnarG of this Agreement and as to claims against the county, itsAdditional lnsureds, o-fce-rs, agents and-emplov."i,1rr" contractor expressly waives itsimmunity under Title 51 of the Revised code ot w"rr'ington, the lnou#aiinsurance Act,for injuries to its emplgygut and agrees tl'r"t1n" "flg;iii* to indemnify, defend and hotdharmless provided in this agreem6nt.exteld to anylaim nrought bt;;on o"nrr of anyemployee of the contractor' rnis waiver i" ruiuillfiegotiated by the parties to thisAgreement.
17.. Venue and Choice of Law:
ln the event that any litigatr'on should arise concerning the construction or interpretation ofany of the terms of this Agreement, the venue oi.r".n' action of litigation shall be in thesuperior court of the state of washington in and for the county of Kittitas. This Agreementshall be governed by the law of the Stite otWastringion.-
18. Withholdinq pavment:
ln the event the contractor has failed.to p.erform any obligation to be performed by thecontractor underthis Agreement within theiime set forlrr in tni" ngreemenlih;, the countymay' upon written notice, withhold all monies due anJ payable to contractor, withoutpenalty, until such failure to perform is cured or otherwise adjudicated.
19 i,uture Non-Allocafi s:
lf sufficient funds are not-ffi[rEted. or allocated for payment under this Agreement foranv future fiscat period,.the county wir not o" ooiig"i"itJ,"n;[;ffi.il[ilr r"*i.", o,.amounts incurred after the end of the current fiscil period. No penalty or expense shallaccrue to the County in the event this provision applies. -
20
The Contractor rep resents and warrants to th e County as follows:20.1 The Contractor is du ly incorporated, valid ly existing and in good standinunder the laws of gthe State of Wash ington , and has all requisite co rporatepower and authority to enter into a nd to perform its obligations u nder thisAgreement
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20.2
20.s
20.4
20.5
20.6
The contractor has the authority to execute this Agreement, to make therepresentations and warranties set forth in it and to perform the
obligations of the Contractor under this Agreement in accordance with itsterms.
This Agreement has been validly executed by an authorized
representative of the contractor and constitutes a valid and legally
binding and enforceable obligation of Contractor.
The contractor has or wiil obtain prior to the commencement date suchlicenses, permits and other authorizations from federal, state and othergovernmental authorities, as are necessary for the performance of its
obligations under this Agreement.
The contractor is not in vioration of any applicable law, ordinance orregulation the consequence of which will or may materially affectcontractor's ability to perform its obligations under this Agreement. Thecontractor is not subject to any ordeior judgment of any court, tribunal orgovernmental agency which materially and adverse$ a*ects its
operations or assets in the state of washington, or iis ability to perform
its obligations under this Agreement.
None of the representations or warranties in this Agreement, and none ofthe documents, statements, certificates or schedules furnished or to befurnished by contractor pursuant hereto or in connection with theperformance of the obligations contemplated under this Agreement,
contains or will contain any untrue statement of a materiaffact or omits orwill omit to state a material fact necessary to make the statements of fact
contained therein not misleading,
21. PatenUCopvright lnfringement:
Contractor will defen_d and indemnify the County from any claimed action, cause or demandbrought against the County; to the extent such bction is based on the claim that informationsupplied by the Contractor infringes any patent or copyright. The Contractor will pay thosecosts and damages attributable to any such claims itral are finally awarded against theCounty in any action. Such defense and payments are conditioned upon the folldwing:21'1 Contractor shall be notified promptly in writing by County of any notice of such
claim.
21-2 Contractor shall have the right, hereunder, at its option and expense, to obtainfor the poynty the right to continue using the information, in the event such
claim of infringement is made, provided no reduction in performance or loss
results to the County.
22. Disputes:
22.1 General
Differences between the Contractor and the County, arising under and byvirtue of the Agreement Documents shall be brought to the-attention of the
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County at the earliest possible time in order that such matters may be setledor other-appropriate action promptly taken. Except tor sucn ou.;ections as aremade of record in the manner hereinafter specified "nJ*tf,in the time limitsstated, the records, orders, instructions, and decisions of the Kittitas CountyCommissioners shall be finaland conclusive.
22.2 Notice of potentialClaims
The Contractor shall not be entitled to additional compensation whichotherwise may be payable, or to extension of time tor 1rl1n! ".t or failure toact !y the county, or (2).the_happening of any event'or o.lrir"n.", unressthe Corrtractor has given the county a tilrittun Notice of potential claim withinten (10) days of the commencement of the act, failure, or event giving rise tothe claim, and before final payment by the County. The written Notice ofPotential Claim shall set forth t-he r"aron, for which the Contractor believesadditional compensation or extension of time is due, the nature of the costinvolved, and insofar as possible, the amount of the potential .i"ir. Contractorshall keep full and complete daily records of the riork d;;ed, tabor andmaterial used, and all costs and additionaltime claimed to be additionat.
22.3" Detailed Ctaim
The Contractor shall not be entitled to claim any such additionalcompensation, or extension of time, unless within thirti (30) days of thecompletion of the portion of the work from which the claim
"ro"", and beforefinal payment by the County, the Contractor has given the County a detailedwritten statement of each element of cost or oth6r compensation requestedand of all elements of additional time required, and copies or any supportingdocuments evidencing the amount or extension of time claimed to be due.
23. Ownership of ltems produced:
All writings, programs, data, puutic records or other materials prepared by the Contractorand/or its consultants or sub-Contractors, in connection with p"*orr"n." oitt",i, Agreementshall be the sole and absolute property of the County.
24. Confidentialitv:
The Contractor, its employees, sub-Contractors, and their employees shall maintain theconfidentiality of all information provided by the'Counlytr acquired by the Contractor inperformance of this Agreement, except upon the prior wiitten consent of the Kittitas countyProsecuting Attorney or an order entered by a court atei naving acquireo jurisdiction overthe County. Contractor shall immediately give to itre county notice of any judicialproceedings seeking disclosure of such intorniation. Contractor ihall indemnifiT and holdharmless the County, its Additional lnsureds, officials, agents or employees from all loss orexpense, including, but not limited to settlements, judgirents, setoffs, attorneys,fees andcosts resulting from contractor's breach of this prouirio"n.
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To the extent that any information obtained by the Contractor is required to be shared withor provided to others by the terms of the Statement of the wor[, tNs piovision is notbreached by such acts.
25. Notice:
Except as set forth elsewhere in the Agreement, for all purposes under this Agreement,except service of process, notice shall. bl given by the contiactor to the oefartment headof the department for whom services are renoerea, and to the (ittit", countyCommissioners, 205 WsthAve, Suite 108, Ellensurrg, wn 98926. Notice to the contractorfor all purposes under this Agreement shall oe gj"ven to the address reflected on thesignature page' Notice may be given by delivery or Sv oupositing in the U.s. Mail, first class,postage prepaid.
26. Severabitity:
lf any term or condition of this Agreement..or the application thereof to any person(s) orcircumstances is held invalid, subh invalidity shall 'not affect other t"^r,'conditions orapplications which can be given effect withouithe invalid term, condition or application. Tothis end, the terms and conditions of this Agreement ai" olclared severable.
27
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Miscellaneous:
27 '1 The County's ,failure or delay to insist upon strict pedormance of any of theprovisions of this Agreement or to exercise any rights or remedies under thisAgreement shall not be construed as a waiver or relinquishment to any extentof its right to assert or rely upon any such provisions, rights or remedies in thator any other instance; rather the same shall be and remain in full force andeffect.
27'2 This Agreement embodies the entire Agreement between the County andcontractor, and supersedes any and a-lr prior agreements, regarding theWork. No change, amendment or modification of any ptouiriinr of thisAgreement shall be valid unless set forth in a written instrument sijneO by the_ party to be bound thereby.27'3 The rights and remedies of the County set forth in any provision of thisAgreement are in addition to and.do noi in any way limit"any other rights ofremedies afforded to the County by any other provisions of ir,i. ngo"ment,9V anV of Contractor,s Support or by law.27.4 The headings of sections and paragraphs of this Agreement are forconvenience of reference only and are not intendeJ to restrict, affect or beof any weight in the interpretation or construction of the provisions of suchsections or paragraphs.
28. Waiver:
Waiver of any breach or condition of this Agreement shall not be deemed a waiver of anyprior or subsequent breach. No terms or conditions of this Agreement shall be held to bewaived, modified or deleted except by an instrument, in writing,"signed uv 6e parties hereto.
29. Survival:
]!e nrgvlgions of paragraphs 7, g, 11,13,14,15,16,17,1g, 1g, 20,21,22,23,24,2g,30,31, and 32 shall survive, notwithstanding the termination or invalidity of tfri. Agreement forany reason.
30. No lscnmrn on:
30.1 The County is an equal opportunity employer.
30.2 Non"discrimination in Emplovment
ln the performance of thit Agreement, the contractor will notdiscriminate against any employee or applicant for employment on thegrounds of race, creed, color, nationai origin, sex, sexual orientation,marital status,.. age or the presence . of any- ,"nsory, mental orphysical handicap; provided that the prohibition agiinst discriminationin emproyment because of handicap shail not apily if the pirticuta,.disability prevents the proper perfoimance of the particular workerinvolved. The contractor shall ensure that applicants are employed,and that emproyees are treated during emproyment withoutdiscrimination because of their race, creed, color, nationalorigin, sex,sexual orientation, marital status, age or the presence of any ,"irory,mental or physical handicap. such action shall include, out not nelimited to: emproyment, upgrading, demotion or transfers, recruitment orrecruitment advertising, layoff or termination, rates of pay or otherforms of compensation, and programs for training in'ctuoing
- -
apprenticeships' The Contractor shall take such Jction witf, respect tothis Agreement as may be required to ensure full compliancl-'*itnlocal, state and federal laws prohibiting discrimination in
"mpfoym"nt.30.3 !,ondjscrimination in Services.
The Contractor will not discriminate against any recipient of any servicesor benefits provided for in this Agreement on tire grounds of race,creed, color, nationalorigin, sex, sexual orientation, marital status, age orthe presence of any sensory, mentar or physicar handicap €J
30,4 [ rny assignment and/or subcontracting has been authorized by thecounty, said assignment or subcontrait shall include ,ppropri"t"safeguards against discrimination, The Contractor shall iake such
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action as may be required to ensure full compliance with the
provisions in the immediately preceding paragraphs herein.
31. Prevailinq Waqe:
Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics
employed in the performance of any part of the Work in accordance with RCW 39.12
and the rules and regulations of the Department of Labor and lndustries. The schedule
of prevailing wages rates for the locality or localities of the Work is determined by the
lndustrial Statistician of the Department of Labor and lndustries. lt is the Contractor's
responsibility to verifl7 the applicable prevailing wage rate. lt is understood that the
Contractor is responsible for obtaining and completing all required government forms
and submitting same to the proper authorities.
Disputes regarding prevailing wage rates shall be referred for arbitration to the Director
of the Department of Labor and lndustries. The arbitration decision shall be final and
conclusive and binding on all parties involved in the dispute as provided for by RCW
39.12.060.
32. Debarment Certification :
The Contractor certifies that it:32J ls not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any Federal
department or agency.
32.2 Has not within a three-year period preceding the execution of this contract
with Kittitas County, been convicted of or had a civiljudgment rendered
against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public or private
agreement or transaction, violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, tax evasion, receiving
stolen property, making false claims, or obstruction of justice.
32.3 ls not presently indicted for or othenruise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of
the offenses enumerated in paragraph 32.2 of this section.
32.4 Has not within a three-year period preceding the preceding the execution
of this contract with Kittitas County had one or more public transactions
(Federal, State, or local) terminated for cause of default.
33. 9ackqround Checks: Contractor shall ensure that all employees and or volunteers
meet background check requirements pursuant to RCW 43.43.830-840.
34: Vehicles, Licenses, and lnsurance: County will not provide vehicles for Contractor's
use. Contractor shall ensure that all driver's performing any services under this contract
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[1flor,X?l^Hit'::JT":"" Driver,s License and ensure that insurance requirements
15service supporting non-congreg"teJl'teltu,ing must meet the requirements of theFederal Emergencv
{a5'3ofmJrt njengy 1reunl and shatt not extend beyond a 30-day duration per the Public Assistanie Piogram
"nJ
pori.v Guide (chapter 2: Vl.B.lo.bsheltering)' The county will be responsiblJfor r""LinJ i"cessary FEMA authorizationand non-congregate shertering extensions r. r"quir"J-ov r",..
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SCOPE OF WORK
The Contractor shall employ one or more Community Health Workers / promotoras desalud, who willwork to decrease barriers to accessing coVlD-1g vaccination for KittitasCounty's Latinx and. Spanish-.speaking households. tf,e position requires courteous andcooperative interacti.on with all department staff, County, State, and Federal agencies,
3n! lne general public, and will be expected to provide'assistance in other areas ofPublic Health as needed. All employees work under the guidance of local/state/federalregulations.
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Essential Functions:
a lmprove COVID-19 testi ng and vaccination access and uptake in local Latinx andSpanish-speaking communities by:e Building rela tionships with community leaders and organizations
ldentifying a nd implementing outreach strategies to reduce barriers to testing and
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vaccinationr lncreasing community COVID-1g knowledge
' Developing effective relationships with community members and communitypartners
' Assisting with care coordination services related to vaccine access and barrierreductionr Working in partnership with KCpHD staffr lncluding information on other recommended vaccinations, including influenzaand childhood immunization series.
OTHER FUNCTIONS:
Respond to Public Health relateda
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inquiries from the public as needed
Maintain confidentiality as descri bed in agency, federal, and state required policies
MINIMUM QUALIFICATI ONS:
This iob description.is a..summary of the primary functions and expectations for thisposition. Additionar duties may be assrgned ai required.
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Profi ciency in verbaland written Spanish
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lnsight and knowledge of cultural norms in local Latinx communities.
At least one (1) year of professional or volunteer health, social service, or relatedexperience.
Valid Washington State driver's license.
Professional Services Ag reement
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a A criminal history and background check will be performed on qualified
candidates. Convictions may preclude candidates from employment in certain
circumstances. Factors such as relativity to tfre position, age and time of the
offense, seriousness and nature of the violation, and rehabi-litation will be taken into
account.
REQUIRED KNOWLEDG E/SKILLS/A BILITIES:
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o Basic knowledge and experience with computers and Microsoft Office programs.
Ability to maintain coufteous and cooperative professional relationships with coworkers,
supervisors, other agencies, clie nts and customers, and the public
Ability to communicate clearly and effectively in verbal and written format.
Ability to maintain confidentiality, use good judgment and work independenly.
Ability to seek creative solutions and problem-solve.
Ability to manage stress effectively.
Be dedicated to advancing an agenda of equal rights and socialjustice for marginalized
individuals, especially through participation in advocacy.
Ability to be empathetic and maintain a positive attitude.
ONS:PREFERRED QUALIFICATI
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High school diploma or GED equivalent.
Community Health Worker certification.
Previous experience in health outreach and promotion.
Professional Seruices Agreement
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EXHIBIT "B"
COMPENSATION
As full compensation for satisfactory performance of the work, the Kittitas CoungPublic Health Department shall pay Contractor compensation not to exceed $100,000during the duration of this agreemeni.
contractor will invoice the county for costs related to the communig Health workerposition, including salary, benefits, mileage at .655 cents per mile, advertising, printing,supplies, and administrative costs not to exceed 160/o of all other costs.
Reimbursement P roced ures
a- contractor shall submit lnvoices once a month, which may be emailed toKatie Odiaga at katie.odiaga@co.kittitas.wa.us.
b' All invoice corrections must be submitted no later than sixty (60) days afterthe last day of the month in which th99e operating expenses occurred, exceptat the end of the fiscar year, when all invoices anl corr"ctions must besubmitted by the fifth (sth) working day of the month following the end of thefiscalyear.
c. The county agrees_to make payment for eligible expenses as approved bythe Kittitas County Public Health Departmenl with iounty warranis withinthirty (30) working days following receipt of contractor's claim forreimbursement; provided that no payment shallbe made in the month duringwhich expenses occurred unless otherwise approved by the department.
Professional Services Agreement
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EXHIBIT "C''
PROOF OF INSURANCE
The Contractor shall secure and maintain in effect at all times during performance of theWork such insurance as will protect Contractor, its Support and the Additional lnsuredsfrom all claims, losses, harm, costs, liabilities, damages and expenses arising out ofpersonal injury (including death) or property damage th-t may ,esuit from performance ofthe work or this Agreement, whether such perfoimance is by Contractor or any of its
Support.
All insurance shall be issued by companies admitted to do business in the State of
Washington and have a rating of A-, Class Vll or better in the most recenly published
edition of Best's Reports unless othenryise approved by the County. lf an insurer is not
admitted, all insurancg-nolicles and procedures for issuing the insurance policies must
comply with Chapter 48.1S RCW and 284-1b WAC.
The Contractor shall provide proof of insurance for:
X Commercial General Liabilitv lnsurance
Coverage limits not less than:. $1,000,000 per occurrence/$2M aggregate. Ceftificate Holder - Kittitas Countyo The cerlificate must name the county as additional insuredt Sixty (60) days written notice to the County of cancellation of the insurance
policy
X (if ANy use of vehicle in performance)
Automobile Liability for owned, non-owned, hired, and leased vehicles (MCS g0
endorsement and a CA 9946 endorsement must be attached if 'pollutants' are ta betranspofted). Coverage limits not less than:. $1,000,000 combined single limit
' Thirty (30) days written notice to the county of cancellation
of the insurance policy.
fi Workers' Comoensation
Workers'Compensation in amounts required by law
Professional Services Ag reement
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Additional C Ma Be
llStop Gap/Emptovers Liabilitv
Coverage limits not less than:. $1,000,000 each accident. $1,000,000 disease - policy limit. $1,000,000 disease - each employee' Thirty (30) days written notice to the county of cancellation
of the insurance policy.
E Professional Liability
The Contractor and/or its Subcontractor and/or its consultant providingprofessional.services shall provide evidence of Professionai ri"uiritv lnsurancecovering professionalerrors and omissions. Such policy must provi;; ih" followingminimum limits:. $1,000,000 per claim, $2,000,000 annual aggregate
' lf insurance is on a claims-made form, its retroactive date, and that of allsubsequent renewals, shall be no later than the effective date of thisAgreement.
f, eottution Liabitity
The Contractor shall provide a Pollution Liability policy, providing coverage forclaims involving bodily injury, prop.e{y.damage dntlucing'loss of ise ottangibleproperty that h.as notbeen physica.lly injured), cleanup costs, remediation, disposalor other handling of pollutants, inclubing costs and expenr"r ln.rired in theinvestigation, defense, or setilement of claims arising out of:
' contractor's operations rerated to this project; and/or
' Remediation, abatement, repair, maintenance or other work with lead-basedpaint or materials containing asbestos; and/ore Transportation of hazardous materials away from any site related to this project
Such Pollution Liability policy shall provide the following minimum coverage:I $ per claimr $ annual aggregate
I Prooertv Damaqe
The Contractor shall provide a policy that covers damage to Kittitas Countyfacilities, includ.ing buirdings, equipment, grounds, etc. suci poricy rt",.tt providethe following minimum coverage:r $ per occurrence
! Umbrella Coveraqe
Professional Services Agreement
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Umbrella policies shall provide coverage at least as broad as specified for
underlying coverages (CGL, Auto, Employer's Liability) and cover those insured in
the underlying policies, including additional insured.o Amount required for this Agreement: 95,000,000
Contractor shall furnish the County a Certificate of lnsurance to include the policy
Endorsements/Exclusions as evidence that policies providing insurance required by thii
Agreement are in full force and effect. Contractor hereby waives all rights of recolrse,
including any right to which another may be subrogated, against t<ittitas County foipersonal injury, including death, and property damage. Contractor's insurance poiicies
required above shall be primary insurance and shall be non-contributing with any
other insurance maintained by Kittitas County.
The Contractor shall assume full responsibility for all loss or damage from any cause
whatsoever to any tools, Contractor's employee-owned tools, machinery, equipment, or
motor vehicles owned or rented by the Contractor, or the Contractor's agenis, suppliers
or Contractors as well as to any temporary structures, scaffolding and pr6tective fences.
The Contractor shall have sole responsibility for ensuring the insurance coverage and
limits required are obtained by subcontractors.
NOTE: No contract shall form until and unless a copy of the Gertificate of
lnsurance with Endorsements/Exclusions, properly completed and in the amount
required, is attached hereto.
Failure of the Contractor to fully comply with the above insurance requirements during
the term of the Agreement shall be considered a material breach of contract and cauie
for immediate termination of the Agreement at the County's discretion. Alternatively, the
County may procure and maintain, at the Contractor's sole expense, insurance to the
extent deemed proper up to the amount of the required coverage(s). The County may
offset the cost of such insurance against payment due to the Coniractor under this
Agreement.
Professional Services Agreement
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