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HomeMy WebLinkAbout121718_ca12�ej�v�son Public Healt 615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org Consent Agenda December 3, 2018 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Vicki Kirkpatrick, Director DATE: C ju M'fy 18� SUBJECT: Agenda Item — Interlocal Agreement with Jefferson Healthcare — School Based Health Center (SBHC) Services; September 1, 2018 — August 31, 2019; $42,106 STATEMENT OF ISSUE: Jefferson County Public Health is requesting Board approval of the Interlocal Agreement with JHC for School Based Health Center Services; September 1, 2018 — August 31, 2019; $42,106 ANALYSIS/ STRATEGIC GOALS/PRO'S and CON'S: This agreement is to contribute financial support to the school-based health clinics at Port Townsend High School and Chimacum High School that are delivering health services to adolescent residents of Jefferson County. FISCAL IMPACT/COST BENEFIT ANALYSIS: This is included in our 2018 adopted budget and 2019 proposed budget. RECOMMENDATION: JCPH management request approval of the Interlocal Agreement with JHC for School Based Health Center Services; September 1, 2018 — August 31, 2019; $42,106 REVIEWED BY: Community Health Developmental Disabilities 360-385-9400 360-385-9401 (f) Date Always working for a safer and healthier community Environmental Public Health 360-385-9444 (f) 360-379-4487 INTERLOCAL AGREEMENT FOR SCHOOL-BASED HEALTH CLINIC SERVICES This Interlocal Agreement (the "Agreement") is made and entered into by and between Jefferson County Public Hospital District No. 2, a political subdivision under the laws of the State of Washington (the "District"), and Jefferson County, a political subdivision under the laws of the State of Washington ("Jefferson County"), (collectively, t he "Parties"). WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington ("RCW") provides for interlocal cooperation between governmental agencies; and WHEREAS, pursuant to RCW 39.34.080, a public agency may contract with another public agency to perform any governmental service, activity, or undertaking which each public agency is authorized to perform by law, provided that the contract shall be approved by the governing body of each Party to the contract and the contract sets forth fully the purposes, powers, rights, objectives and responsibilities of the contracting Parties; and WHEREAS, it is in the best interest of the citizens of the Parties' respective jurisdictions that the Parties cooperate to promote lifelong wellness and increase access to high-quality, comprehensive health services and education in a safe, nurturing on -campus environment that serves the unique needs of adolescents.; and WHEREAS, the County, by and through its Jefferson County Public Health department, maintains and operates school-based health clinics at Port Townsend High School and Chimacum High School that are delivering health services to adolescent residents of Jefferson County; and WHEREAS, the District desires to continue contributing financial support for the limited purpose of enabling the County to operate school-based health clinics, which clinics shall be under the sole control and operation of the County; NOW, THEREFORE, in consideration of the premises and the mutual covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto covenant and agree as follows: 1. Purpose. The purpose of this Agreement is to comply with Chapter 39.34 RCW and to authorize the Parties to cooperate to support and increase school-based health clinic services in two (2) public high schools, namely Port Townsend High School and Chimacum High School, both located in Jefferson County, Washington. 2. Term. This Agreement shall commence on September 1, 2018 (the "Commencement Date") and shall remain in effect through August 31, 2019 or until terminated by either party pursuant to Paragraph 7. Any work completed in compliance with this contract between September 1, 2018 and the time this contract is fully executed is hereby ratified. 3. Manner of Financial 5u ort. a. The District will provide to the County a total amount not to exceed forty-two thousand one hundred six dollars ($42,106) per twelve-month period beginning September 1, 2018, to be paid in equal monthly installments. Such funds will be used solely to support operations of school-based clinics maintained and operated by the County. b. The County shall submit a monthly invoice to the District requesting payment for the prior month's installment. The District shall make each payment payable to Jefferson County and shall deliver payments due no later than thirty (30) days following receipt of a timely invoice. c. The County shall be solely and fully responsible for owning, operating, managing, hiring, staffing, insuring, setting policies and procedures for, and complying with all applicable federal, state and local laws and regulations reW.ed to, the school-based health clinics. No person utilizing the services of the school-based health clinics will be considered a patient of the District or its employees or agents. The District shall have no responsibility or authority at any time to direct or control the provision of any services by any party at the school-based health clinics. d. Other than the financial contribution described in _pa�h 2.a., the District shall have no obligation or liability whatsoever for the school-based clinics. 4. No Separate Legal Entity or Relationship. This Agreement shall not be construed to create or authorize any separate legal entity or joint venture of any kind to conduct the undertakings in this Agreement. The Parties hereto are and shall remain independent of each other. 5. Filing with the Jefferson County Auditor. An executed copy of this Interlocal Agreement shall be filed as required by RCW 39.34.040 prior to this Agreement becoming effective. 6. Risk Allocation, Including Hold Harmless and Indemnit . a. The County shall indemnify, defend and hold harmless the District, its commissioners, officers, agents, and employees from and against any and all claims, lawsuits, demands for money damages, losses, expenses, or liability, or any portion thereof, including attorney's fees and costs, arising out of or related to the County's performance or failure to perform its responsibilities under this Agreement, including from any injury to any person or persons (including death or injury to any person or entity or damage to property) if said injury is alleged or proven to have been caused in whole or in part by the negligent or willful acts or omissions of the County or its employees, officers, agents, representatives and/or affiliates. b. Neither Party assumes responsibility to any other party for the consequences of any act or omission of any person or entity not a Party to this Agreement. C. The County shall obtain and keep in force at all times during the Term of this Agreement, and as otherwise required: i. 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 County's duties and responsibilities under 2 this Agreement, for a combined single limit of not less than $300,000 each occurrence; and ii. Professional Liability insurance covering the school-based health clinics and applicable staff that provides not less than $2,000,000 per incident, $4,000,000 aggregate; and iii. Membership in the Washington Counties Risk Pool; and iv. The County shall participate in the Worker's Compensation and Employer's Liability Insurance program as may be required by the State of Washington. d. The provisions of this Paragraph 6 shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. Ternninatiom This Agreement may be terminated at any time by either Party for any reason, with or without cause, upon thirty (30) days'advance notice. Notice under this paragraph must be in writing to be effective. In the event of termination Linder this clause, the Contractor shall be liable for only payment for services rendered prior to the effective date of termination. 8. Compliance with Laws. Each Party accepts responsibility for its own compliance with federal, state, or local laws and regulations. 9. Governing Law. This Agreement shall be governed by and construed according to the laws of the state of Washington. Venue for any dispute related to this Agreement shall be in Jefferson County, Washington. 10. Administrators. The administrators of this Agreement are: a. County: Director of Jefferson County Public Health Jefferson County 615 Sheridan Street Port Townsend, WA 98368 Phone: (360) 385-9400 b. District: Chief Executive Officer Jefferson Healthcare 834 Sheridan Street Port Townsend, WA 98368 Phone: (360) 385-2200 11. Section Headings, The headings of the sections of this Agreement are for convenience of reference only and are not intended to restrict, affect, or be of any weight in the interpretation or construction of the provisions of the sections or this Agreement. 3 12. Limits of Any Waiver of Default. No consent by elther Party to, or waiver of, a breach by either Party, whether express or implied, shall constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either Party. No term or provision of this Interlocal Agreement will be considered waived by either Party, and no breach excused by either Party, untess such waiver or consent is in writing signed on behalf of the Party against whom the waiver is asserted. Failure by a Party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. 13. Severability. Provided it does not result in a material change in the terms of this Agreement, if any provision of this Agreement or the application of this Agreement to any person or circumstance shall be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application this Agreement shall not be affected and shall be enforceable to the fullest extent permitted by law. 14. No Assignment. Sale or Transfer. No Party may sell, transfer, or assign any rights or benefits under this Agreement without the written approval of all the Parties. 15. No Third -Party, Beneficiaries. The Parties do not intend, and nothing in this Agreement shall be construed to mean, that any provision in this Agreement is for the benefit of any person or entity who is not a Party. 16. Modification of Agreement. This Agreement may be amended or supplemented only by a writing that is signed by duly authorized representatives of all the Parties. 17. Signature in Counterparts. The Parties agree that separate copies of this Agreement may be signed by each of the Parties and this Agreement shall have the same force and effect as if all the Parties had signed the original. 18. Arms -Length Negotiations. The Parties agree that this Agreement has been negotiated at arms -length, with the assistance and advice of competent, independent legal counsel. 19. Entire Agreement. The Parties agree that: a. This Agreement contains all the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. b. No representation or promise not expressly contained in this Agreement has been made. C. They are not entering into this Agreement based on any inducement, promise or representation, expressed or implied, which is not expressly contained in this Agreement. d. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, within the scope of this Agreement. (SIGNATURES FOLLOW ON NEXT PAGE) rd FORTHE DISTRICT: z?,f -- Jill BL ler, Chair, Board of Commissioners Date APPROVED AS TO FORM ONLY: n L. French, Chief Legal Officer t� �a Date FOR THE COUNTY: David Sullivan, Chair, Board of County Commissioners, Jefferson County Date APPROVED AS TO FORM ONLY: Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney Date 5 ATTEST Carolyn Galloway Deputy Clerk of the Board Date