HomeMy WebLinkAbout052819_ca14615 Sheridan Street
Port Townsend, SVA 98368
r www.JeffersonCountyPublicHealth.org
�IMT
I � Consent Agenda
February 12, 2019
JEFFERSON COUNTY
BOARD OF'COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Vicki Kirkpatrick, Public Health Director
Lisa McKenzie, Public Health Nurse
DATE: M 4 -0 9 2-0 1 q
SUBJECT: Agenda Item — Professional Services Agreement with Kitsap Public
Health District for Syringe Exchange Program; October 1, 2018 — June
30, 2019; $15,000
STATEMENT OF ISSUE:
Jefferson County Public Health requests Board approval of the Professional Services Agreement with Kitsap
Public Health District for a JCPH Syringe Exchange Program; October 1, 2018 — June 30, 2019; $15,000
ANALYSIS I STRATEGIC GOAL5
1.PRO'S an CON'S:
JCPH will focus on the following:
1) Establishing a referral system for syringe exchange clients to Jefferson Healthcare for primary care;
2) Work with Kitsap Public Health District (KPHD) to identify and reduce barriers for People Who Use
Drugs (PWUD) in accessing medication assisted therapy, completing HIV and Hepatitis C screening,
and accessing Hepatitis C treatment, and;
3) Reporting per KPHS's direction.
FISCAL IMPACT COST BENEFIT ANAL IS:
This contract agreement is fully funded by the Kitsap Public Health District through regional funding
provided by the State Department of Health.
RECOMMENDATION:
JCPH management request approval of the Professional Services Agreement with Kitsap Public Health
District for the Syringe Exchange Program; October 1, 2018 — June 30, 2019; $15,000
RE1 IEWED BY: .
...� iz`
Morle �nty Administrator---,"' Date
Cd
360-385-9400
360-385-9401 (f)
Water Quallim
941
KPHD 1661
Page 1 of 7
PROFESSIONAL SERVICES AGREEMENT
Between
KITSAP PUBLIC HEALTH DISTRICT
And
JEFFERSON COUNTY PUBLIC HEALTH
This Professional Services Agreement ("Agreement") is made and entered into between the Kitsap Public
Health District, a Health District organized pursuant to chapter 70.46 Revised Code of Washington and
Section 9.52 Kitsap County Code, hereinafter referred to as "District," and Jefferson County Public Health,
hereinafter referred to as "Subcontractor." The Parties mutually agree as follows:
I Period of Performance: October 1, 2018 and be completed no later than June 30, 2019, unless
terminated sooner or extended as provided for herein.
2. Pnrnose: The purpose of this Agreement is to establish a referral system for syringe exchange
clients to Jefferson Healthcare for primary care.
3.Qua li icationE/�il : Subcontractor will have the qualifications necessary to successfully
complete the objectives of this Agreement. Subcontractor hereby affirms that he/she is eligible to
work in the United States as set forth in the Immigration Reform and Control Act (IRCA).
4. Statement of Work and Bud et: Subcontractor shall furnish the necessary personnel, equipment
material, and / or services and otherwise do all things necessary for or incidental to the performance
of the work set forth in ATTACHMENT A, attached hereto and incorporated herein.
1. Subcontractor agrees to provide its own labor and materials. Unless otherwise provided for in
the Agreement, no material, labor or facilities will be furnished by the District.
2. Subcontractor will perform the work according to standard industry practice.
3. Subcontractor will confer with the District from time to time during the progress of the work.
Subcontractor will prepare and present status reports and other information that may be pertinent
and necessary, or as may be requested by the District.
5, C"omuenskAtiOn: The District agrees to pay Subcontractor $15,000 during the Agreement.
Compensation will be based on invoices submitted by Subcontractor itemizing a detailed description
of services performed per the agreed upon scope of work and budget (ATTACHMENT A).
Subcontractor will be paid only for work expressly authorized in the Agreement.
Payment will be made after funds from DOH have been approved and received.
6. Notices: Notices pursuant to this Agreement shall be sent to the designated District Program
Coordinator who is responsible for project coordination:
If to the District:
Kitsap Public Health District
Attn: Katie Eilers
345 6th Street, Suite 300
Bremerton, WA 98337
(360) 728-2224
Katie.eilers@kitsappublichealth.org
If to the Subcontractor:
Jefferson County Public Health
Attn: Vicki Kirkpatrick
615 Sheridan St, Port Townsend, WA
Port Townsend, WA 98368
(360) 385-9408
VKirkpatrick@co.jefferson.wa.us
KPHD 1861
Page 2 of 7
7. Billie ps: Billings to the District shall be submitted no more frequently than every 30 days and shall
be quarterly at a minimum. Billings shall be sent to:
Kitsap Public Health District
Accounts Payable
3456 th Street, Suite 300
Bremerton, WA 98337
(360) 728-2215
8. Mne1cendeiLK,`
aacit Subcontractor and its employees or agents who are engaged in the
performance of this Agreement shall continue to be employees or agents of Subcontractor and shall
not be considered to be employees or agents of the District for any purpose.
Assignment. Delegation, and Subcontract in Subcontractor will perform under the Agreement
using only its bona fide employees or agents, and the obligations and duties of Subcontractor under
the Agreement will not be assigned, delegated or subcontracted to any other person or firm without
the prior express written consent of the District.
10. Rights in Data: Unless otherwise provided, data which originates from this Agreement shall be
"works for hire" as defined by the U.S. Copyright act of 1976 and shall be owned by the District.
Data shall include, but not limited to, reports, documents, pamphlets, advertisements, books,
magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions.
Ownership includes the right to copyright, patent, register, and the ability to transfer these rights.
The District maintains all rights to the license to publish, translate, reproduce, modify, deliver,
dispose of the data, and to authorize others to do so.
11. Indemnification: Subcontractor shall defend, indemnify and hold the District, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses or suits
including attorney fees, arising out of or resulting from the acts, errors or omissions of Subcontractor
in performance of this Agreement, except for injuries and damages caused by the sole negligence of
the District. Solely for the purposes of this provision, Subcontractor waives its immunity under Title
51 (Industrial Insurance) of the Revised Code of Washington and acknowledges that this waiver was
mutually negotiated by the parties. This provision will survive the expiration or termination of this
Agreement.
12. Insurance: Subcontractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by Subcontractor, its agents, representatives, or
employees.
No Limitation. Subcontractor's maintenance of insurance as required by the Agreement shall not be
construed to limit the liability of the Subcontractor to the coverage provided by such insurance, or
otherwise limit the District's recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance
Subcontractor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
KPHD 1861
Page 3 of 7
form providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
2. (,binmercial General 1,lability insurance shall be written on ISO occurrence form CG 00 01
and shall cover liability arising from premises, operations, independent contractors and
personal injury and advertising injury. The District shall be named as an insured under the
Subcontractor's Commercial General Liability insurance policy with respect to the work
performed for the District.
3. workers' CqMperasation coverage as required by the Industrial Insurance laws of the state of
Washington.
4. professional UabiIit v insurance appropriate to the Subcontractor's profession. The
Subcontractor shall provide the District with proof of liability insurance or professional
errors and omissions coverage as appropriate.
B. Minimum Amounts of Insurance
Subcontractor shall maintain the following insurance limits:
1. At,itoniobile l lability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than $1,000,000
each occurrence, $2,000,000 general aggregate.
3. professional 1 ability; insurance shall be written with limits no less than $1,000,000 per claim
and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Professional Liability and Commercial General Liability insurance:
1. Subcontractor's insurance coverage shall be primary insurance as respect the District. Any
insurance, self-insurance, or insurance pool coverage maintained by the District shall be
excess of the Subcontractor's insurance and shall not contribute with it.
2. Subcontractor's insurance shall be endorsed to state that coverage shall not be cancelled by
either party, except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the District.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII.
E. Verification of Coverage
Subcontractor shall furnish the District with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of Subcontractor before commencement of the work.
13. Safe ururdin of lnl"orniatia p and Pr v c The use or disclosure by any party of any information
concerning a client obtained in providing service under this Agreement shall be subject to Chapter
42.56 RCW and Chapter 70.02 RCW, as well as any other applicable federal and state statutes and
regulations. Personal information collected, used or acquired in connection with this Agreement
shall be used solely for the purposes of this Agreement. Subcontractor agrees not to release, divulge,
KPHD 1861
Page 4 of 7
publish, transfer, sell or otherwise make known to unauthorized persons personal information
without the express written consent of the agency or as provided by law.
Subcontractor agrees to implement physical, electronic, and managerial safeguards to prevent
unauthorized access to personal information. Any unauthorized access or use of confidential
information must be reported to the District Privacy Officer at (360) 728-2262. The notification
must be made in the most expedient time possible (usually within 24 hours of discovery) and without
unreasonable delay, consistent with the legitimate needs of law enforcement, or any measures
necessary to determine the scope of the breach and restore the reasonable integrity of the data
system.
Subcontractor shall certify the return or destruction of all personal information upon expiration of
the Agreement.
14. C"Mone pliance with State and Federal Confidentiality Laws: Subcontractor shall not use or
disclose any protected health information (PHI) or personally identifiable information (PII) created
or shared under this Agreement for any purpose not directly connected with this Agreement or in any
manner that would constitute a violation of the Health Information Portability and Accountability
Act, commonly known as HIPAA, and any regulations enacted pursuant to its provisions. Any PHI
or PII collected, used, or acquired in connection with this Agreement shall be subject to Chapter
42.56 RCW and chapter 70.02 RCW, as well as any other applicable federal and state statutes and
regulations. Subcontractor agrees not to release, divulge, publish, transfer, sell, or otherwise make
known to unauthorized persons PHI or PII without the express written consent of the District. For
the purpose of this section, PII means information which can be used to distinguish or trace an
individual's identity, such as their name, social security number, biometric records, etc., alone, or
when combined with other personal or identifying information which is linked or linkable to a
specific individual, such as date and place of birth, or mother's maiden name, etc.
15. Statutory and Regulatory' ulatorCompliance; Subcontractor shall comply with all applicable federal,
state, and local laws, regulations, guidelines, and standards in the performance of this Agreement.
16. Records Maintenance: The Parties to this Agreement shall each maintain books, records,
documents, and other evidence which sufficiently and properly reflect all direct and indirect costs
expended by either party in the performance of the services described herein. These records shall be
subject to the inspection, review or audit by personnel of both parties, other personnel duly
authorized by either party, the Office of the State Auditor, and federal officials so authorized by law.
All books, records, documents, and other material relevant to this Agreement will be retained for six
(6) years after expiration and the Office of the State Auditor, federal auditors, and any persons duly
authorized by the parties shall have full access and the right to examine any of these materials during
this period.
If any litigation, claim or audit is started before the expiration of the six-year period, the records
shall be retained until all litigation, claims, or audit finding involving the records have been resolved.
Records and other documents, in any medium, furnished by one party to this Agreement to the other
party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party
will not disclose or make available this material to any third parties without first giving notice to the
furnishing party and giving that party a reasonable opportunity to respond. Each party will utilize
reasonable security procedures and protections to assure that records and documents provided by the
other party are not erroneously disclosed to third parties.
KPHD 1861
Page 5 of 7
17. Non -Discrimination: Subcontractor shall not discriminate against any employee or applicant for
employment because of race, color, sex, religion, national origin, creed, marital status, age, Vietnam
era or disabled veteran status, sexual preference, or the presence of any sensory mental or physical
handicap.
18. Waiver: A failure by either party to exercise its rights under this Agreement shall not preclude that
party from subsequent exercise of such rights and shall not constitute a waiver of any other rights
under this Agreement unless stated to be such in writing, signed by an authorized representative of
the party and attached to the original Agreement.
19. Assignment: The work to be provided under this Agreement and any claim arising thereunder, is
not assignable or delegable by either party in whole or in part without the express prior written
consent of the District, which consent shall not be unreasonably withheld.
20. "Ijan es in Work: In the event of any errors or omissions by Subcontractor in the performance of
any work required under the Agreement, Subcontractor will make all necessary corrections without
additional compensation. All work submitted by Subcontractor will be certified by Subcontractor
and checked by Subcontractor for errors and omissions. Subcontractor will continue to be
responsible for the accuracy of work even after the work is accepted by the District.
21. Amendment: This Agreement may be modified only by a written amendment executed by
authorized representatives of both parties.
22. Termination: This Agreement may be terminated by either party upon giving at least thirty (30)
days advance written notice to the other party. If this Agreement is so terminated, the Parties shall be
liable only for performance rendered or costs incurred in accordance with the terms of this
Agreement prior to the effective date of termination.
In the event of termination, Subcontractor shall settle all outstanding liabilities and all claims arising
out of such termination of orders, with the approval or ratification of the District to the extent the
District may require, which approval or ratification shall be final for all the purposes of this clause.
23. Governance: This Agreement is entered into pursuant to and under the authority granted by the
laws of the State of Washington and applicable federal laws. The provisions of this Agreement shall
be construed to conform to those laws.
24. Dispute Resolution: In the event that a dispute or conflict arises under the Agreement that the
Parties are unable to resolve with good faith efforts, they shall allow the dispute to be decided by a
Dispute Panel in the following manner: A Mediator shall be mutually appointed by both parties, and
each party shall appoint an additional member to the Dispute Panel. The Dispute Panel shall review
the facts, contract terms and applicable statutes and rules and make a determination of the dispute.
The determination of the Dispute Panel shall be final and binding on the Parties hereto. The Parties
shall equally share the costs, if any, for the services of the Dispute Panel.
25. Severability: If any provision of this Agreement or any provision of any document incorporated by
reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement
which can be given effect without the invalid provision, if such remainder conforms to the
requirements of applicable law and the fundamental purpose of this Agreement, and to this end the
provisions of this Agreement are declared to be severable.
KPHD 1861
Page 6 of 7
26. Choice of Law: The Agreement has been and shall be construed as having been made and delivered
within the State of Washington and it is agreed by each party hereto that the Agreement shall be
governed by the laws of the State of Washington, both as to its interpretation and performance. Any
action at law, suit in equity, or judicial proceeding arising out of the Agreement shall be instituted
and maintained only in any of the courts of competent jurisdiction in Kitsap County, Washington.
27. No Waiver: The Parties agree that the excuse or forgiveness of performance, or waiver of any
provisions of the Agreement, does not constitute a waiver of such provision or future performance,
or prejudice the right of the waiving party to enforce any of the provisions of the Agreement at a
later time.
28. Survival: Those provisions of the Agreement that by their sense and purpose should survive
expiration or termination of the Agreement shall so survive. Those provisions include, but are not
necessarily limited to the following: Indemnification, Termination, Disputes, Confidentiality,
Choice of Law, No Waiver, Records Inspection and Retention, and Severability.
29, Personnel Removal: Subcontractor agrees to remove immediately any of its subcontractors,
employees, agents, or representatives from assignment to perform services under the Agreement
upon receipt of a written request to do so from the District's contract representative or designee.
30. entire Agreernent: This Agreement constitutes the entire agreement between the parties regarding
its subject matter. Any oral or written representations not expressly incorporated in this Agreement
are specifically excluded.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date set forth below.
KITSAP PUB TH DISTRICT
By:,. .. .._....�
➢keit t Grellner, Administrator
Date:
Jefferson County Board of County Commissioners
By:
Name:
�l
Title:
Date:
p roved as torrn�
m ' - Date;
Philip C.Hunsucker, Chief Civil Deputy Prose utlna At orn y
Jefferson County Prosecuting Attorney's Office
KPHD 1861
Page 7 of 7
ATTACHMENT A
SCOPE OF WORK AND BUDGET
Deliverables
Jefferson Public Health will focus on the following:
1) Establishing a referral system for syringe exchange clients to Jefferson Healthcare for primary care;
2) Work with Kitsap Public Health District (KPHD) to identify and reduce barriers for People Who use
Drugs (PWUDs) in accessing medication assisted therapy, completing HIV and Hepatitis C
screening, and accessing Hepatitis C treatment, and;
3) Reporting per KPHD's direction.
Budget:
Due Date/Time
Payment
Task Name
Task Description,
Deliverables/Outcomes
Frame
Information/Amount*
Improving Drug
Establish working
Conduct outreach to local
10/l/18-
Salaries $8,336.60
User Health:
relationships with local
health care providers
6/30/19
Benefits $2,968.70
Reducing barriers
health care providers,
Supplies
to treatment for
idents and reduce
$0.00
chemical
barriers for PWUD in
Travel $0.00
dependency and
accessing MAT,
Equipment: $0.00
Hepatitis C -
HIV/HCV screening and
Jefferson Public
HCV treatment
Other $30.00
Health
Indirects $3,664.70
TOTAL. $15,000.00