HomeMy WebLinkAboutDoc 397 - IGA - Health - High Desert ESDDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of September 4, 2013
DATE: August27,2013
FROM: Nancy Mooney, Contract Specialist, Deschutes County Health Services, 322-7516
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document #2013-397, Intergovernmental Agreement between the
High Desert Education Service District and Deschutes County Health Services, Public Health
Department.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
The High Desert Education Service District (District) is a regional support system that links school
districts in Central Oregon to state and national education resources. The District is a publicly
funded agency that collaborates with local school districts to provide high quality, cost-effective and
locally responsive educational services at a regional level. These services range from business,
legal and administrative support to school improvement efforts and special education programs.
The purpose of this Intergovernmental Agreement is to coordinate the District's efforts with County
staff and community members involved in a grant called, "Linking Actions for Unmet Needs in
Children's Health" (LAUNCH). District shall hire, train and supervise three individuals to work as
Family advocates through District's Family Access Network (FAN) program. A Family Advocate is
a service broker who links children and their families to critical social supports with the goal of
keeping children in school. The Family Advocates provide services at County's School Based
Health Centers (SBHC).
County will provide $168,518 for personnel costs and administrative supplies for the duration of
the agreement.
FISCAL IMPLICATIONS:
Maximum funding is $168,518.
RECOMMENDATION &ACTION REQUESTED:
Approval and signature of Document #2013-397, Intergovernmental Agreement between the High
Desert Education Service District and Deschutes County Health Services, Public Health Department is
requested.
ATTENDANCE: Kate Moore, Program Manager or Maggi Machala, Clinical Program Supervisor
DISTRIBUTION OF DOCUMENTS:
Executed documents to Nancy Mooney, Contract Specialist
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document. the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents. please submit this form
electronically to the Board Secretary.)
Please complete all sections above the Official Review line.
Date: I July 8, 2013 I
Department: I Health Services, Health Department
Contractor/Supplier/Consultant Name: I High Desert Education Services District I
Contractor Contact: I John Rexford, Superintendent I
Type of Document: Intergovernmental Agreement
Goods and/or Services: The High Desert Education Service District shall hire, train
and supervise three (3) individuals to work as family advocates through the Family
Access Network (FAN) program.
Background & History: The High Desert Education Service District (HDESD) is a
regional support system that links school districts in Central Oregon to state and
national education resources. HDESD is a publicly-funded agency that partners with
local school districts to provide high quality, cost-effective and locally responsive
educational services at a regional level. These services range from business, legal and
administrative support, school improvement efforts and special education programs.
The purpose of this IGA is to coordinate HDESD's efforts with County staff and
community members involved in a grant, "Linking Actions for Unmet Needs in
Children's Health" (LAUNCH). HDESD shall hire, train and supervise three individuals
to work as family advocates through HDESD's Family Access Network (FAN) program.
A Family Advocate is a service broker who links children and their families to critical
social supports with the goal of keeping children in school. The Family Advocates shall
provide services at County's School Based Health Centers (SBHC).
County will provide $168,518 for personnel costs and administrative supplies for the
duration of the agreement.
Agreement Starting Date: I October 1,2013\ Ending Date: I September 30,20141
Annual Value or Total Payment: I Maximum Compensation is $168,518.
Check all that apply:
D RFP, Solicitation or Bid Process
D Informal quotes «$150K)
7/8/2013
~ Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
Funding Source: (Included in current budget? ~ Yes D No
If No, has budget amendment been submitted? DYes D No
Is this a Grant Agreement providing revenue to the County? ~ Yes D No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant-funded position so that this will be noted in the offer letter: DYes D No
Contact information for the person responsible for grant compliance: I Kate Moore
Phone #: I 541-322-7422 I
Departmental Contact and Title: I Nancy Mooney, Contract Specialist
Phone #: I 541-322-7516 I
Department Director Approval: ~/ ---L.1-ri1~3__
s~e Date
Distribution of Document: Nancy Mooney, fax (541) 322-7565, Include complete
information if document is to be mailed.
Official Review:
County Signature Required (check one): 00 BOCC 0 Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. _____
Legal Review ~~ C~ Date e-I~--("5
Document Number :.20.:..1.:..::3::--3=9::....:.7~______
7/8/2013
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
INTERGOVERNMENTAL AGREEMENT
This Agreement, is made and entered into by and between Deschutes County, a political
subdivision of the State of Oregon, acting by and through the Deschutes County Health
Services Department, hereinafter referred to as "County," and High Desert Education
Services District, an Education Service District created pursuant to ORS 334.010, hereinafter
referred to as "District."
WHEREAS, County and District are authorized pursuant to ORS 190.003 through 190.110 to
enter into an intergovernmental agreement for the performance of any or all functions which
a party to the Agreement has the authority to perform; and
WHEREAS, both County and District find it beneficial to enter into this Agreement in order for
County to provide behavioral and public health services to children ages 0-8 in the District;
NOW, THEREFORE,
IT IS HEREBY AGREED by and between the parties for and in consideration of the mutual
promises and covenants contained herein, as follows:
1. Effective Date. This Agreement is effective October 1, 2013.
2. Duration. This Agreement terminates at 11 :59 p.m. on September 30, 2014, unless
sooner terminated in accordance with Paragraph 5 of this Agreement.
3. Services. District shall hire, train and supervise three (3) individuals to work as Family
Advocates through District's Family Access Network (FAN) program. The Family Advocate
placed at M.A. Lynch Elementary School must be Spanish-English bi-lingual. A Family
Advocate is a service broker who will link children and their families to critical social supports
with the goals of child wellness and/or keeping children in school. The Family Advocates
shall provide services at County's School Based Health Centers (SBHC) located at Ensworth
Elementary School, La Pine Elementary School and M.A. Lynch Elementary School. Family
Advocates will work with children in the target age range of zero (0) to eight (8) years of age,
connecting children and their families to the services they need. Family Advocates will
coordinate their efforts with County staff and community members involved with the Linking
Actions for Unmet Needs in Children'S Health (LAUNCH) Grant. The LAUNCH Grant is a
cooperative agreement funded by the Substance Abuse and Mental health Services
Administration (SAMSHA) and implemented by The Oregon Health Authority (OHA) and
Deschutes County Health Services.
4. Consideration. County will provide not more than $168,518 for personnel costs and the
cost of administrative supplies for the duration of the Agreement. County shall pay on a
1 of 4 -INTERGOVERNMENTAL AGREEMENT-PUBLIC HEALTH DIVISION -Doc# 2013-397 DC 2013·:3 97
the District is subject to the appropriation, continuation and sufficiency of local, state and
federal funds.
5. Termination. This Agreement may be terminated by either party upon thirty (30) days
written notice to the other party. Termination of this Agreement shall not affect any
obligations or liabilities accrued prior to such termination.
6. Delegation and Reports. District shall not delegate the responsibility for providing
services hereunder to any other individual or agency and shall provide County with periodic
reports at the frequency and with the information prescribed to be reported by County.
Personally identifiable health information about clients and Medicaid reCipients will be subject
to the transaction, security and privacy provisions of the Health Insurance Portability and
Accountability Act ("HIPAA") and the federal Family Educational Rights and Privacy Act
("FERPA''). District shall cooperate with County in the adoption of policies and procedures
for maintaining the privacy and security of records and for conducting transactions pursuant
to HIPAA requirements. District shall cooperate with County in protecting the privacy of
clients' "education records" as outlined by FERPA. "Education records" subject to FERPA
are records that are directly related to a student, immunization and other health records
maintained by a school district or individual school, including a school-operated health clinic.
The Agreement may be amended in writing in the future to incorporate additional
requirements related to compliance with HIPAA and/or FERPA.
7. Limitation. This Agreement is expressly subject to the provisions and requirements of
ORS ORS 2798.220 to 2798.230 and to the debt limitation of Oregon counties as set forth in
Article XI, Section 10, of the Oregon Constitution, and is contingent upon funds being
appropriated therefore. In the event sufficient funds are not appropriated for the payment of
consideration required to be paid under this Agreement, and if District or County has no
funds legally available from other sources, then either party may terminate this Agreement in
accordance with Paragraph 5 of this Agreement. Any provisions herein, which would conflict
with law, are deemed inoperative to that extent.
8. Non-Discrimination. Each party agrees that no person shall, on the grounds of race,
color, creed, national origin, sex, marital status, or age, suffer discrimination in the
performance of this agreement when employed by either party. Each party agrees to comply
with Title VI of the Civil Rights Act of 1964, with Section V of the Rehabilitation Act of 1973,
and with all applicable requirements of federal and state civil rights and rehabilitation
statutes, rules and regulations. Additionally, each party shall comply with the Americans with
Disabilities Act of 1990 (Pub. L. No. 101-336), "ADA", ORS 659.425, and all regulations and
administrative rules established pursuant to those laws. Space provided by District for
services to be provided by County under this Agreement shall comply with the ADA.
9. District An Agent of County. It is agreed by and between the parties that District is
carrying out a function on behalf of County, and County has discretion in which location
District delivers services under this Agreement.
10. Indemnity and Hold Harmless.
a. To the fullest extent authorized by law District shall defend, save, hold harmless
and indemnify the County and its officers, employees and agents from and against
2 of 4 -INTERGOVERNMENTAL AGREEMENT -PUBLIC HEALTH DIVISION -Doc# 2013-397
all claims, suits, actions, losses, damages, liabilities costs and expenses of any
nature resulting from or arising out of, or relating to the activities of District or its
officers, employees, contractors, or agents under this Contract, including without
limitation any claims that the work, the work product or any other tangible or
intangible items delivered to County by District that may be the subject of
protection under any state or federal intellectual property law or doctrine, or the
County's use thereof, infringes any patent, copyright, trade secret, trademark,
trade dress, mask work utility design or other proprietary right of any third party.
b. District shall have control of the defense and settlement of any claim that is subject
to section 10.a; however neither District nor any attorney engaged by District shall
defend the claim in the name of Deschutes County or any department or agency
thereof, nor purport to act as legal representative of the County or any of its
departments or agencies without first receiving from the County's legal counsel, in
a form and manner determined appropriate by the County's legal counsel, authority
to act as legal counsel for the County, nor shall District settle any claim on behalf
of the County without the approval of the County's legal counsel.
c. To the extent permitted by Article XI, Section 10, of the Oregon Constitution and
the Oregon Tort Claims Act, ORS 30.260 through 30.300, County shall defend,
save, hold harmless and indemnify District and its officers, employees and agents
from and against all claims, suits, actions, losses, damages, liabilities costs and
expenses of any nature resulting from or arising out of, or relating to the activities
of County or its officers, employees, contractors, or agents under this Contract.
11. Partnership. Neither party is, by virtue of this Agreement, a partner or joint venturer in
connection with activities carried out under this Agreement, and shall have no obligation
with respect to the other party's debts or any other liability or obligation of the other party
of whatever kind or nature except as set forth in Paragraph 11 of this Agreement.
12. Attorney Fees. In the event an action, lawsuit or proceeding, including appeal therefrom,
is brought for failure to fulfill or comply with any of the terms of this Agreement, each party
shall be responsible for their own attorney fees, expenses, costs and disbursements for
said action, lawsuit, proceeding or appeal.
13. No Waiver of Claims. The failure by either party to enforce any provision of this
Agreement shall not constitute a waiver by that party of that provision or of any other
provision or provisions of this Agreement.
14. No Third Party Beneficiaries. Only those parties specifically named in this Agreement are
entitled to enforce its provisions. Persons not so named, but who may nonetheless
receive services pursuant to this Agreement shall not be entitled to enforce the terms
hereof.
3 of 4 -INTERGOVERNMENTAL AGREEMENT -PUBLIC HEALTH DIVISION -Doc# 2013-397
15. Entire Agreement. This Agreement constitutes the entire Agreement between the parties
concerning the subject matter of this Agreement and supersedes any and all prior or
contemporaneous negotiations or agreements among the parties, if any, whether written
or oral, concerning the subject matter of this Agreement which is not fully expressed
herein. This Agreement may not be modified or amended except by writing signed by all
parties to this Agreement.
Dated this __of _____, 2013
DESCHUTES COUNTY BOARD OF
COUNTY COMMISSIONERS
ANTHONY DeBONE, Chair, County Commissioner
ALAN UNGER, Vice Chair, County Commissioner
TAMMY BANEY, County Commissioner
DATED this __day of ________• 2013.
SERVICE DISTRICT
4 of 4 -INTERGOVERNMENTAL AGREEMENT -PUBLIC HEALTH DIVISION -Doc# 2013-397
GL-AL Certificate Summary Certificate Page 1 of2
GENERAL UABIUTY and AUTO UABIUTY ADDITIONAL PARTICIPANT CERTIFICATE
AGENCY/AGENT -ISSUING CERTIFICATE Date: 6/17/2013 Print~
PayneWest Insurance-Madras
P.O. Box 680
Madras, OR 97741
Stacey Anderson
(541) 475-2249
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER
OTHER THAN THOSE PROVIDED IN THE COVERAGE DOCUMENTS.
THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE COVERAGE DOCUMENTS USTED
HEREIN. THIS CERTIFICATE DOES NOT CONSTmJE A CONTRACT
BETWEEN ANY OF THE FOLLOWING PARTIES: THE AGENCY, NAMED
PARTICIPANT, CERTIFICATE HOLDER AND/OR COMPANIES
AFFORDING COVERAGE.
NAMED PARTICIPANT/MEMBER -REQUESTING CERTIFICATE ORGANIZATIONS AFFORDING COVERAGE
High Desert E.S.D.
145 S.E. Salmon Avuenue, Suite a
Redmond, OR 97756-8427
Greg Munn
(541) 693-5616
Company A -Property Casualty Coverage for Education (PACE)
Company B -Genesis Insurance Company
COVERAGES
This Is to certify that Coverage Documents listed herein have been Issued to the Named Participant herein for the Coverage Period Indicated. Notwithstanding any
reqUirement, term or condition of any contract or other document with respect to which the certificate may be Issued or may pertain, the coverage afforded by the
Coverage Documents listed herein Is subject to all the terms, conditions and exduslOns of such Coverage Documents. Aggregate Umlts which are shown may have
been reduced by paid Oaims, Suits or Actions. The tlUes referenced under Type of Coverage are inserted solely for convenience of reference and shall not be deemed In
any way to limit or affect the provisions to which they relate.
OR/CO
lTR Type of Coverage Coverage
Document Effective Date EXpiration
Date Limits
A
B
General UabfUty
28P60191-1008 711/2013
7/1/2014
General Aggregate $20,000,000
X Commercial General Uability
Each Occurrence $10,000,000
X Public OOIdal!; Uability
X Employment PractICes Uability
X Occurence Form
EmplOyment Practices Deductible/SIR: $1,000
Wrongful Acts Deductible/SIR: $1,000
General Uablflty Deductible/SIR: $1,000
*$5,000 Minimum deductible for terminations If PACE or approved legal counsel Is not consulted
prior to an employment termination.
A
B
Automobile Liability
28P60191-1008 7/112013 7/1/2014
General Aggregate $20,000,000
X Scheduled Autos
each Occurrence $10,000,000
X Hired Autos II. Non-Owned Autos
X Oocurrence Form
X Oeductlbl<!/SIR: $1,000
Remarks: When required by an Insured Contract certificate holder Is an additional partldpant In respects to Healthy Families of the High Desert Services Program, but
only with respects to negligence dalrns for Bodily Injury, Property Damage or Personal Injury where the Named Participant Is deemed to have Uabllity. In no event shall
coverage extend to any party for any Oalm, Suit or ActIon, however or whenever asserted, arising out of the certificate holder's sole negligence or for any Claim, Suit
or ActIon which occurs prior to the executIOn of the contract or agreement.
*InformatlOn Is provided as of the date this certificate was generated and Issued and Is subject to change.
CertIfIcate Holder -Requesting certificate
Deschutes County Health Service
2577 NE Courtney Dr
Bend, OR 97701
CANCELLATION: Should any of the Coverage Documents herein be cancelled before the
expiration date thereof, PACE will endeavor to provide notice In accordance with the PACE
General Uability Coverage Document provisions. Failure to mail such notice shall Impose
no obligation or liability of any kind upon PACE, Its agents or representatives, or the Issuer
of this certificate.
Authorlzed i:presentatlvz ~j~:
Date: C, '1,113 Ni717a: ~~9-
'"'()
https://mhr.sdao.com/certs/cert2.asp?Policy=28P60191-1008&PGM=PACE&Year=renew... 6117/2013
GL-AL Certificate Summary Certificate Page 2of2
Applicable COverage Document Definitions:
The following definitions are provided solely for convenience of reference and shall not be deemed In any way to limit or affect the provisions to which
they relate, for complete details on the terms, conditions and excluSions of applicable Coverage Documents please refer to the PACE Uability Coverage
Document.
Pa rticipa nt means:
1. The Named Participant and each of the following while acting within the course and scope of their duties as such:
a. Members of the Board;
b. Executive Officers;
c. Employees;
d. Volunteers and Agents;
e. Registered Students whose course study Includes on-the-job training, but only while acting under directions and within the scope of their
activities performed while in training;
f. Student Organizations, Parent Teacher Organizations, Booster Clubs and Foundations under the jurisdiction and supervision of the governing
board; and
g. Any person, entity or any organization the Named Participant is required by an Insured Contract to Include as a Participant. This coverage will be
limited to the extent of coverage and Umlts of Liability required by the Insured Contract and will not Increase the limits stated in SECTION V.
UMITS OF UABIUTY or alter any of the terms of coverage stated In this Coverage Document. The Insured Contract must be effective and
executed prior to a covered Occurrence or Wrongful Act. In no event shall coverage under this Coverage Document extend to any party for any
Claim however or whenever asserted, arising out of such party's sole negligence. (1) The term "Additional Insured" if used in an Insured Contract
shall be understood to mean the same as Additional Participant.
2. With respect to:
Mobile Equipment or any Auto, any person is a Participant while driving such Auto or Mobile Equipment with a Named Participant's permisSion. Any
person, entity, or organization responsible for the conduct of such person is also a Participant, but only with respect to Bodily Injury or Property Damage
arising out of the operation of the Auto or Mobile Equipment. However, the owner or anyone else from whom a Named Participant hires or borrows an
Auto is a Participant only If that Auto is a trailer connected to an Auto a Named Participant owns. However, no person, entity, or organization Is a
Participant under this paragraph 2. with respect to:
a. Property Damage to property owned by a Named Participant or the employer of any person who is a Participant under this provision;
b. Any Auto a Named Participant hires or borrows from one of a Named Participant's Employees, volunteers or members of their households, if they
are the owner of such Auto, unless acting within the scope of their duties on a Named Participant's behalfi
c. Any Auto being used by a person employed in the bUSiness of selling, serviCing, repairing, or parking Autos unless they are a Named Participant's
Employees; or
d. The movement of property to or from an Auto e)(cept a Named Participant, a Named Participant's Employees, lessees or borrowers of such Auto,
and any employee of the lessees or borrowers.
Insured Contract means:
1. A legally enforceable contract that Includes one or all of the following:
a. A lease of premises as it relates to tort liabilities assumed by the Named Participant arising out of the lease, such assumption occurring in writing
prior to the date of Occurrence;
b. A sidetrack agreement;
c. Any easement or license agreement;
d. An obligation, as required by ordinance, to Indemnify a Public Body;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to the Named Participant's operations (including an Indemnification of a Public Body in
connection with work performed by or for a Public Body) under which the Named Participant assume the tort liability of another person or entity
to pay for Bodily Injury, Property Damage or Personal Injury to a third person or organization, proVided the Bodily Injury, Property Damage or
Personal Injury occurs subsequent to the execution of the contract or agreement; and
g. Contracts for services with Public Bodies.
2. An Insured Contract does not Include that part of any contract or agreement:
a. That Indemnifies an architect, engineer or surveyor acting as an Independent contractor for injury or Damages arising out of professional errors
or omissions;
b. That Indemnifies any person or organization for Damages by fire to premises rented or loaned to the Participant; and
c. That Involve the purchase or sale of real property or personal property.
https://mbr.sdao.com/certs/cert2.asp?Policy=28P60 191 ~1 008&PGM=PACE& Year=renew... 6/17/2013