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HomeMy WebLinkAbout010515_ca02TO: FROM DATE: Consent A enda 615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org October 23, 2014 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST Board of County Commissioners Philip Morley, County Administrator Jean Baldwin, Director _ SUBJECT: genda Item — Contract Agreement between Port Gamble S'Klallam Tribe and Jefferson County Public Health; January 1, 2015 — December 3112016; $12,625.91 STATEMENT OF ISSUE: Jefferson County Public Health, Community Health, requests Board approval of the Contract Agreement with Port Gamble S'Klallam Tribe and Jefferson County Public Health; January 1, 2015 — December 31, 2016; $12,625.91. ANALYSIS /STRATEGIC GOALS /PRO'S and CON'S: This Agreement allows the Port Gamble S'Klallam Tribe to continue its participation in the evidence -based Nurse Family Partnership program under the umbrella of JCPH. This is the continuation of a 12 -year, regional partnership that allows JCPH to provide infrastructure support in the form of nursing supervision to the Port Gamble S'Klallam Tribe. This approach helps provide needed services to smaller communities not able to support evidence -based programs on their own. FISCAL IMPACT /COST BENEFIT ANALYSIS: The Contract Agreement is based on an annual fee for NFP nursing supervision for one NFP nurse. This Agreement also has provisions for travel and mileage at current GSA rates, and stipulations regarding extra services and or required purchases. RECOMMENDATION: JCPH management request approval of the Contract Agreement with Port Gamble S'Klallam Tribe and Jefferson County Public Health for NFP nurse supervision; January 1, 2015 — December 31, 2016; $12,625.91 REVI BY• -I / �Y Philip Morley, 06nty Aoministmtor Date Community Health Environmental Health Developmental Disabilities Water Quality 360 -385 -9400 360 -385 -9444 360- 385 -9401 (f) Always working for a safer and healthier community (f) 360- 379 -4487 CONTRACT AGREEMENT By and Between Port Gamble S'Klallam Tribe and Jefferson County Public Health For provision of one (1) Public Health Nurse for ;Nurse Family Partnership (NFP) Supervisor Role Section 1: PURPOSE: THIS AGREEMENT for Professional Services is entered into between Port Gamble S'Klallam Tribe, herein referred to as the "Tribe" and Jefferson County Public Health (JCPH), herein referred to as the "Contractor" to provide services as a Nurse Family Partnership Supervisor. Section 2: TERMS: This Agreement shall commence on January 1, 2015 and continue through December 31, 2016 unless terminated as provided herein. The agreement may be extended beyond December 31, 2016 upon mutual written consent of the Tribe and the Contractor. Section 3'. SCOPE OF AGREEMENT: Contractor will provide Public Health Nurse services for Nurse Family Partnership Supervisor Role. A. Contract Representatives: The Department and Contractor will each have a contract representative who will have responsibility to administer the contract for that party. A party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: Port Gamble S'Klallam Tribe Contract Representative Jolene George, Behavioral Health Services Director Children and Family Services 31912 Little Boston Road NE Kingston, WA 98346 (360) 279 -9674 Contractor's Contract Representative Jean Baldwin, Director Jefferson County Public Health 615 Sheridan St. Port Townsend, WA 98368 (360) 385 -9400 Section 4: COMPENSATION: Port Gamble agrees to provide the following: A. Pay Contractor an annual fee for regular supervision of $12,625.91 for services to Port Gamble S'KIallam Tribe for Nurse Family Partnership supervisory role, which maybe billed monthly at the rate of $1,052.16 or quarterly $3,156.48, whichever is agreed upon by the Tribe and the Contractor. Port Gamble S'Klallam Tribe - Jefferson County Public Health I B. In addition, Tribe will provide reimbursement for travel and mileage incurred in connection with provision of stated services at the current year's GSA reimbursement rate. The Tribe will be billed quarterly for travel and mileage. C. Any additional fees required by Nurse - Family Partnership for training will be split between Kitsap Public Health District, the Tribe, and the Contractor. D. In the case approved program supplies required by NFP are unavailable for direct purchase, Contractor will purchase supplies and bill the Tribe for incurred cost. E. The Tribe may request additional nursing supervisory hours at an hourly rate commensurate to Contractor's employee's hourly rate. In the case of emergency nursing supervisory needs, Tribe will be charged an hourly rate. F. Contractor records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the Department and state for a period of six (6) years after final payments. Copies shall be made available upon request. , Section 5: INDEMNIFICATION: The Contractor shall indemnify, defend and hold harmless the Tribe, its officers, agents, and employees from and against any and all claims, lawsuits, demands for money damages, losses or liability, or any portion thereof, including attorney's fees and costs arising from any injury to person or persons (including the death or injury of the Contractor or damage to personal property) if said injury or damage was caused by the negligent acts or omissions of the Contractor or its employees or representatives. Section 6: INSURANCE: The Contractor shall obtain and keep in force during the terms of this Agreement, or as otherwise required. A. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than $300,000 each occurrence. B. Professional Liability Insurance providing $2,000,000 per incident; $4,000,000 aggregate. C. The Contractor shall participate in the Worker's Compensation and Employer's Liability Insurance Program, as may be required by the State of Washington. D. Its membership in the Washington Counties Risk Pool. Port Gamble S'Klallam Tribe - Jefferson County Public Health 2 Section 7: CONFIDENTIALITY: All parties to this Agreement and their employees or representatives and their subcontractors and their employees will maintain the confidentiality of all information provided by JCPH or Port Gamble S'Klallam Tribe or acquired in performance of this Agreement as required by HIPAA and other privacy laws. This Contract, once executed by the parties, is and remains a Public Record subject to the provision of Ch. 42.56 RCW, the Public Records Act, Section 8: OWNERSHIP AND USE OF DOCUMENTS The Contractor acknowledges and agrees that any and all work product directly connected and/or associated with the services rendered hereunder, including but not limited to all documents, drawings, reports, and the like which the Contractor in the performance of the service hereunder, either solely and/or jointly with the Tribe shall be the sole and exclusive property of the Tribe. Other materials produced by the Contractor in connection with the services rendered under this agreement shall be the property of the Tribe whether the projects for which they are made are executed or not. Each party may, with no further permission required from the other party, publish to the web, disclose, distribute, reproduce, or otherwise copy or use, in whole or in part, such items produced during the course of the Project to the extent disclosure is allowed by HIPAA. Section 9: INDEPENDENCE Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. The Contractor shall not be entitled to any benefits accorded Tribe employees by virtue of the services provided under this agreement. The Tribe shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to employee. Section 10: REPORTING The Contractor will provide a monthly or quarterly report, whichever is agreed upon by the Tribe and the Contractor, to the Tribe for payment for services rendered. The report shall contain a brief summary of the work performed, relationship to the tasks identified in Exhibit A, and the total lines generated. Section 11: DISPUTE RESOLUTION The Parties agree to work cooperatively to accomplish all of the terms of this Agreement, however, acknowledge that there may be instances in which either the Tribe or the Contractor has not complied with the conditions of this Agreement or that clarification is necessary to interpret provisions of this Agreement. In such an instance, the Tribe and the Contractor shall attempt to resolve the matter through discussion. If unsuccessful, the Tribe and the Contractor agree to refer the matter to non - binding mediation. If the mediator cannot resolve the conflict or dispute, then the issue shall be brought before a Dispute Panel. The Dispute Panel shall review all issues, concerns, and conflicts with a goal to determine acceptable solutions for both Parties. The decisions of the Dispute Panel shall be final and binding on both Parties. Port Gamble S'Klallam Tribe - Jefferson County Public Health 3 Section 12: DISPUTE PANEL The Parties may voluntarily submit any contractual dispute to a dispute panel as follows: each party will appoint one member to the panel and those two members in turn will appoint a third member. The dispute panel will review the facts, contract provisions, and applicable law, and then decide the matter. This provision does not affect the right of either party to seek a legal recourse in a court of competent jurisdiction. Section 13: TERMINATION The Tribe and the Contractor reserves the right to terminate this contract in whole or in part, with 30 days notice. In the event of termination under this clause, the Tribe shall be liable for only payment for services rendered prior to the effective date of termination. Section 14: INTEGRATED AGREEMENT This Agreement together with attachments or addenda represents the entire and integrated agreement between the Tribe and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral between the parties. This agreement may be amended or modified only by a written instrument signed by both Tribe and Contractor. Section 15: PROGRAM MODEL ELEMENTS The Tribe and the Contractor understand and agree that Program implementation by Tribe and Contractor must be based on key parameters -Model Elements identified through research and refined based upon the Program's experience since 1997 and attached to this agreement as Exhibit B, Nurse- Family Partnership Model Elements. Section 16: PROPRIETRARY PROPERTY The Tribe and the Contractor understand and agree that Nurse - Family Partnership grants to the Tribe and the Contractor a non - exclusive limited right and license to use the Proprietary Property for the purpose of carrying out the obligations of the contract. Nurse- Family Partnership reserves the right to modify the Proprietary Property from time to time in accordance with the data, research, and current modalities of deliveries Program. Nurse - Family Partnership shall retain ownership and all the rights to any Proprietary Property, whether modified or not by the Tribe and /or the Contractor. In any event, all software, Nurse - Family Partnership Community and Efforts to Outcomes Website content, excluding the Tribes and Contractors data shall remain the sole property of Nurse - Family Partnership. Approved this day of f^ �r 1 Jeromy ulli Chair, Port Gamble S'Klallam Tribe John Austin, Chair Jefferson Board of County Commissioners Exhibit A Port Gamble S'Klallam Tribe - Jefferson County Public Health 4 2014. A,Dproved as form only k ersm Co. we David Alvarez, Chief Civil DPA Approved as to Form Statement of Work Model Elements implemented through facilitation by Nurse Supervisor — applies to all sites: Model element and JCPH jKPHD JPGST Nurse Home visitors # 1 2 3 1 Model Elements implemented through facilitation by Nurse Supervisor — applies to all sites: Model element and JCPH KPHD PGST description #10, Work with NHVs X X X to increase knowledge, practice, and individualization of NFP visit to visit guidelines with families across all domains. #11, Work with NHVs X X X to review and reflect on theoretical bases of NFP as related to clinical practice. #12, Work with NHVs X X X and team to maintain required number of clients. Includes caseload management, outreach, referrals and maintaining community relationships. #13, Nurse supervisor X X X provides supervision to 6 NHVs at this time, appropriate for .875FTE Nurse supervisor #14, Nurse supervisor provides: 1. Weekly 1:1 X In person weekly X In person at least X In person at least clinical 2x month 3x month & prn supervision meetings with Comm. Health worker 2. Case X at least 2 x month X at least 2 x month X at least 2 x month conferences 3. Team X at least 2 x month X at least 2 x month X at least 2 x month meetings 4. Field X at least 3x year I X at least 3x year X at least 3x year Port Gamble S'Klallam Tribe - Jefferson County Public Health 5 Supervision #15 Data is collected X X X and used to guide practice, assess and guide program implementation, inform clinical supervision, enhance program quality, and demonstrate program fidelity. #17, Regional CAB X X X convened and will meet at least 3x year #18, Nurse X X X supervisor will help support and facilitate regional communication to assure accurate data entry and implementation of program Other related program implementation areas: Port Gamble S'Klallam Tribe - Jefferson County Public Healtb 6 Other areas related to JCPH KPHD PGST program implementation NFP Tribal 0 0 Quarterly phone calls Community of or in- person meetings Practice with NFP Tribal Nurse consultant, quarterly Tribal COP calls or in- person meetings. Additional communication with NFP Nurse consultant as needed. Washington State X X X NFP Consortium: 1. Monthly calls with WA State Nurse consultant 2. Monthly calls with WA State Nurse supervisors 3. Quarterly meetings with WA State nurse supervisors 4. On -site visits with WA state nurse consultant at least once /year. Coordination of team X X X meetings, case conferences, and reflective supervision times based on regional composition, including associated travel. Thrive by Five X X 0 Funding: application, Monthly and quarterly reports. NFP required X X X Education and Port Gamble S'Klallam Tribe - Jefferson County Public Health 7 training, such as DANCE education and annual NFP National SVMOOSiL Port Gamble S'Klallam Tribe - Jefferson County Public Health 8