HomeMy WebLinkAboutDoc 598 - High Desert ESD IGADeschutes 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 October 24, 2011
Please see directions for completing this document on the next page.
FROM: Nancy England. Contract Specialist. Deschutes County Health Services. 322-7516
TITLE OF AGENDA ITEM:
Consideration of Board Chair Signature of Document #2011-598. 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 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 to school improvement efforts and special education programs.
The purpose of this IGA is to coordinate District's efforts with County staff and community
members involved in a new grant. "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 shall provide services at County's School Based Health Centers
(SBHC).
County will provide $152,049 for personnel costs and $5,000 for the cost of administrative supplies
for the duration of the Agreement.
FISCAL IMPLICATIONS:
Maximum funding is $157,049.
RECOMMENDATION & ACTION REQUESTED:
Approval and signature of Document #2011-598, Intergovernmental Agreement between the High
Desert Education Service District and Deschutes County Health Services, Public Health Department is
requested.
ATTENDANCE: Nancy England, Contract Specialist
DISTRIBUTION OF DOCUMENTS:
Executed documents to Nancy England, Contract Specialist
I DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form Is required to be submitted with ALL contracta and other agreements, regardl..s 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
egenda, 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 tracldng 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 section. above the 0fflcIa1 Review line.
Date: I September 20,2011 I
Department: I Health Services, Health Department .1
Contractor/Supplier/Consultant Name: 1 High Desert Education Services District i
Contractor Contact: I Dennis Dempsey, Superintendent I
Type of Document: Intergovernmental Agreement
Goods and/or Services: 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.
Background & History: The High Desert Education Service District 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 to school improvement efforts
and special education programs.
The purpose of this IGA is to coordinate District's efforts with County staff and
community members involved in a new grant, "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 link 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 $152,049 for personnel costs and $5,000 for the cost of
administrative supplies for the duration of the Agreement.
Agreement Starting Date: I October 1,20111 Ending Date: 1 September 30, 201,z
Annual Value or Total Payment: I Maximum Compensation is $157,049 1
Check all that apply:o RFP I Solicitation or Bid Process o Informal quotes «$150K)
~ Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
9/20/2011
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: 0
Deadlines for reporting to the grantor: 0
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: IKate Moore
Phone #: I 541-322-7422 I
Departmental Contact and Title: I Nancy England, Contract Specialist
Phone #: I 541-322-7516 I
Department Director Approval: ~WPch&ttt /' Arh'vi& ~'yufv __q._u.~"___
Signature U Date
Distribution of Document: Nancy England, fax (541) 322-7565, Include complete
information if document is to be mailed.
Official Review:
County Signature Required (check one): ItJ BOCC 0 Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. )
Legal Review ~Nh r/\d Date (0 ~ (3-((
Document Number ::.20=-1_1~-5=9:::.;::8_________
I
For Recording Stamp Only
INTERGOVERNMENTAL AGREEMENT
This f1greement, is made and entered into by and between Deschutes County, a political
subdivision of the State of Oregon, 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."
WHER J AS, County and District are authorized pursuant to ORS 190.003 through 190 .110 to
enter i:nto an intergovernmental agreement for the performance of any or all functions which
a party to the Agreement has the authority to perform; and
I
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;
I
N0W' 1 HEREFORE,
IT IS HEREBY AGREED by and between the parties for and in consideration of the mutual
promi $es and covenants contained herein, as follows :
I
1 . E",ective Date. This Agreement is effective October 1, 2011.
2 . Duration . This Agreement terminates at 11 :59 p .m. on September 30, 2012, unless
soonelr terminated in accordance with Paragraph 5 of this Agreement.
3. Services. 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 link 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) 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 0 to 8 years old connecting children and their families to the services they
need. Family Advocates will coordinate their efforts with County staff and community
memb1ers 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 Ment ~1 health Services Administration (SAMSHA) and implemented by The Oregon Health
Authority (OHA) and Deschutes County Health Services .
4 . c bnSideratiOn . County will provide not more than $152,049 for personnel costs and
$5,000 for the cost of administrative supplies for the duration of the Agreement. County shall
pay on a quarterly basis in four equal payments of $39,262.25. Said consideration is the
complete compensation to District for services performed. This Agreement between the
1 of 4 -INTERGOVERNMENTAL AGREEMENT -PUBLIC HEALTH DIVISION -Doc# 2011-598
C-2
County and 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 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.
1O.lndemnity 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# 2011-598
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# 2011-598
------------------
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 are 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 , 2011
DESCHUTES COUNTY
Tammy Baney, Chair
Deschutes County Board of Commissioners
DATED this liday of ~,2011 .
HIGH DESERT EDUCATION SERVICE DISTRICT
4 of 4 -INTERGOVE.RNMENTAL AGREEMENT -PUBLIC HEALTH DIVISION -Doc# 20 I \-598
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE MEMORANDUM OF COVERAGE (Moe) BELOW. THiS CERTiFiCATE OF INSURANCE DOES NOT CONSTlTUTE A CONTRACT BETltJEEN THE
ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the MOC must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the MOC, certain coverage may
"nrl"r.,,,,,.,nt A statement the certificate holder in lieu of such =~=~~~
AUTOMOBILE LIABILITY
USIPO/Munich Re
PROPERTY
High Desert ESD
145 SE Salmon Ave, Suite B
Redmond, OR 97756
USIPO/Munich Re
Great American Insurance Company
Commonwealth Insurance Company
CRIME I PUBLIC EMPLOYEE DISHONESTY
USIPO/Munich Re
THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT VIITHSTANDING ANY REQUIREMENT,
TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT VIITH RESPECT TO WiICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE MOC DESCRIBED
HEREIN IS SUBJECT TOAll THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MOC. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
Regarding contract for Healthy Families of the High Desert services program; Deschutes County, its officers, agents, employees
and volunteers are named as Additional Insured regarding this contract only and are subject to coverage terms, conditions and
exclusions. Additional Insured endorsement is attached.
CANCELLA nON
SHOULD ANY OF THE ABOVE DESCRIBED COVERAGE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE W'lLL BE DELIVERED IN ACCORDANCE W'lTH THE PROVISIONS OF
THE
Deschutes County Health Services
2577 NE Courtney Drive
Bend, OR 97701
2533784
ADDITIONAL INSURED ENDORSEMENT
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE
FOLLOWING:
GENERAL LIABILITY COVERAGE PART
How Coverage is Changed
It is agreed that the interest of any Additional Insured is recognized as their
interests may appear, providing the certificate of insurance that this is
attached to has been issued and is on file with the Company.
Other terms:
All other terms of your Memorandum of Coverage remain the same.
www.saif.com
OREGON WORKERS COMPENSATION
CERTIFICATE OF INSURANCE
CERTIFICATE HOLDER:
DESCHUTES COUNTY HEALTH SERVICES
2577 NE COURTNEY DRIVE
BEND, OR 97701
The policy of insurance listed below has been issued to the insured named below for the
policy period indicated. The insurance afforded by the policy described herein is subject to
all the terms, exclusions and conditions of such policy.
POLICY NO. POLICY PERIOD ISSUE DATE
246652 07/01/2011 to 07/01/2012 10/14/2011
INSURED: BROKER OF RECORD:
HIGH DESERT EDUCATION SERVICE DISTRICT
145 SE SALMON SUITE A
REDMOND, OR 97756-8427
LIMITS OF LIABILITY:
Bodily Injury by Accident $500,000 each accident
Bodily Injury by Disease $500,000 each employee
Body Injury by Disease $500,000 policy limit
DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL ITEMS:
IMPORTANT:
The coverage described above is in effect as of the issue date of this certificate. It is subject to change
at any time in the future.
This certificate is issued as a matter of information only and confers no rights to the certificate
holder. This certificate does not amend, extend or alter the coverage afforded by the policies above.
President and CEO
400 High Street SE
Salem. OR 97312
P: 800,285.8525
F: 503,373,8020
Policy _Batch_CertlflcateOfinsurance