HomeMy WebLinkAbout090820_ca12<V 615 Sheridan Street
Port Townsend, WA 98368
4ffehson www.JeffersonCountyPublicHealth.org
Consent Agenda
Puhli(-_ Hwilt July 8, 2020
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Vicki Kirkpatrick, Public Health Director
Apple Martine, Community Health Director
DATE:
SUBJECT: Agenda Item — Professional Services Agreement with Olympic Peninsula
Health Services PS for Syringe Exchange Program, Nurse Care Manager;
July 1, 2020 — June 30, 2021; $14,640
STATEMENT OF ISSUE:
Jefferson County Public Health requests Board approval of the Professional Services Agreement with Olympic
Peninsula Health Services PS for the Syringe Exchange Program, Nurse Care Manager; July 1, 2020 — June 30,
2021 $14,640
ANALYSIS/STRATEGIC GOALS/PRO'S and COWS:
This agreement is for a Nurse Care Manager to engage people utilizing the JCPH syringe exchange program
(SEP) and who use opioids, and to 1) provide education about medication assisted treatment (MAT), 2) screen
clients for desire for treatment for opioid use disorder (OUD) including MAT, 3) facilitate warm hand-off
referrals for treatment of substance use disorder including MAT and mental health services, 4) assist clients
with obtaining medical coverage if uninsured, and 5) collect data for reporting to OPHS.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
This contract agreement is fully funded by the Olympic Peninsula Health Services PS.
RECOMMENDATION:
JCPH management request approval of the Professional Services Agreement with Olympic Peninsula Health
Services PS for the Syringe Exchange Program, Nurse Care Manager; July 1, 2020 — June 30, 2021; $14,640
REVIEIA/ W BY:
f� y
Philip M for Date
Community Health Environmental Public Health
Developmental Disabilities 360-385-9444
360-385-9400 (f) 360-379-4487
360-385-9401 (f) Always working for a safer and healthier community
Olympic Peninsula
Health Services ,
SERVICES AGREEMENT
THIS AGREEMENT is between Olympic Peninsula Health Services PS, (hereinafter
referred to as "OPHS"), and the Jefferson County Public Health Syringe Exchange
Program, with its principal place of business in Port Townsend, Washington
(hereinafter referred to as "SEP"). In consideration of the rights and obligations herein
set forth, the parties do hereby agree as follows:
1. Description of Services. SEP shall render the following services with a nurse care
manager:
A. Screen all clients for treatment with medication -assisted treatment (MAT)
B. Provide education about MAT to all clients
C. Facilitate warm hand-off referrals for treatment with MAT OPHS
D. Facilitate warm hand-off referrals for mental health services to OPHS
E. Assist clients with obtaining medical coverage if uninsured
F. Collect data and report to OPHS monthly by providing the following:
1. How many clients served including new and follow ups
2. How many clients were referred to OPHS for MAT
3. What type of education was provided to each client
4. What hurdles identified that are preventing clients from receiving
services from OPHS and how they were addressed
5. How many clients were referred to OPHS for mental health treatment
6. How much time was spent educating each client about MAT services
7. Provide hours open each week, reported monthly
2. Compensation. OPHS will pay SEP a total of $ 14,640.00 dollars for services
rendered pursuant to Section 1. This will be given in 12 monthly payments of
$1,220.00. OPHS will have no obligation to pay SEP for any costs beyond the amount
specified in this Article.
3. Term. The period of performance of this Agreement will be from July 1, 2020 until
June 30, 2021, unless terminated earlier as hereinafter provided during or at the end of
that time.
4. Alternative Dispute Resolution. In the event of any controversy or claim arising out of
or relating to any provision of this Agreement or the breach thereof, the parties shall try
to settle those conflicts amicably between themselves. Within five business days of
receiving written notice from a party that a dispute exists, the parties shall meet and
negotiate in good faith for a period not to exceed one business day to resolve such
dispute. If good faith negotiation between the representatives does not result in
resolution, each party shall nominate one representative, having a position not less
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than vice president or his/her designee, to participate in additional good faith
negotiations ("High Level Negotiations") within ten business days after
the first negotiation. If within thirty (30) days of the start of such High -Level
Negotiations there is no resolution of the dispute, the parties shall each submit a
written statement within five (5) business days to a third party mediator utilizing the
services of the Washington Chancery Court for voluntary mediation of technology,
licensing, and contract issues. The parties and the mediator shall meet within five (5)
business days of the written submission for a non -binding mediation session. The cost
of mediation shall be shared equally by the parties. Should the parties not resolve their
issues by mediation within one hundred twenty (120) days of initiation of the mediation
process, the dispute shall be subject to arbitration. All disputes arising in connection
with this Agreement shall be finally settled under the Rules of the American Arbitration
Association by three (3) arbitrators appointed in accordance with said Rules. All
documents and correspondence in relation to those disputes shall be drafted in English
and the arbitration shall be conducted in English. The arbitrators to be appointed shall
have a good working knowledge of the English language. The place of arbitration shall
be Jefferson County, Washington, USA. The arbitration award shall be final, binding
and not subject to appeal and shall be enforceable in any court of competent
jurisdiction. The party in whose favor the arbitration award is rendered shall be entitled
to recover the cost and expenses of the arbitration panel. However, the parties own
internal management time and costs (including the costs of the in-house counsel) and
the costs of outside lawyers shall be borne by each party.
5. Termination. Either party may terminate this Agreement upon thirty (30) days prior
written notice to the other party.
6. Limitation of Damages. Even if advised of the possibility of such damages, in no
event shall OPHS be liable for (a) personal injury or property damages or (b) lost profits,
work stoppage, lost data, or any other special, indirect, or consequential damages of
any kind.
7. Limitation of Remedies. In the event of SEP's breach or failure to perform any
obligation under this Agreement, SEP's entire liability and OPHS's exclusive remedy
shall be, at OPHS option, return of the monetary consideration paid to SEP under this
Agreement.
8. Indemnification. OPHS and SEP are separate and independent entities, and neither
is the agent of the other. Subject to the limitations of damages and remedies set forth
in this Agreement, OPHS and SEP hereby each agree to indemnify and hold the other
party and their personnel free and harmless from any and all loss, cost, damage, claim,
action, or liability on account of the death of or injury to any person or persons or
damage to or destruction of any property resulting from or growing out of any alleged
negligence on the part of the indemnifying party or their personnel in the
implementation of this Agreement.
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9. Publications. OPHS shall have the right to publish the data gathered, if any,
analytical methods, and results and conclusions. No less than 30 calendar days prior
to the publication of any such information, OPHS shall notify SEP, in writing, of OPHS
intention to publish and shall deliver to SEP a copy of the information to be published.
SEP shall have the right, exercisable within 30 calendar days of its receipt of OPHS
notice of intent to publish, to object to the publication of information owned by OPHS.
SEP may so object only on the grounds that the intended publication discloses (A)
information for which SEP has and can claim confidentiality. In the event SEP duly
makes such an objection, OPHS and SEP Principal Investigator shall enter into good
faith negotiations with a view towards agreeing upon the portion of the objectionable
information that may be published by OPHS.
10. Amendment. No modification of this Agreement will be effective unless signed by
authorized representatives of both parties.
11. Assignability. This Agreement is personal to the parties and may not be assigned or
otherwise transferred, in whole or in part, voluntarily, involuntarily, or by operation of
law, by either party without the prior written consent of the other party. Any assignment
attempted to be made in violation of this Agreement shall be void.
12. Force Majeure. Neither party shall be liable to the other for any delays,
suspensions, damages, or failure to perform any of the obligations under this
Agreement due to, caused by, or occasioned by reason of Force Majeure. Force
Majeure shall mean any circumstance or event beyond the reasonable control and
foresight of the party unable to perform and which could not have been prevented or
avoided by the exercise of due diligence, prudence, or the adoption of reasonable
precautions. During an event of Force Majeure the parties' duty to
perform obligations shall be suspended.
13. Governing Law and Consent to Jurisdiction. The construction, validity,
performance, and enforcement of this Agreement shall be governed by the laws of the
State of Washington (without giving effect to its conflicts of laws principles). OPHS
hereby submits to the jurisdiction of the federal and state courts of the State of
Washington with respect to any proceeding arising out of or relating to this Agreement
or any transaction in connection herewith. OPHS hereby consents to the service of
process by the mailing to SEP of copies thereof by certified mail to the address of SEP
as it appears on the books and records of OPHS, such service to be effective ten (10)
days after the mailing. SEP hereby waives irrevocably (i) any objection to the
jurisdiction of any such court which it might otherwise be entitled to assert in any
proceeding arising out of or relating to this Agreement or any transaction in connection
therewith; and (ii) any defense of sovereign immunity or other immunity from suit or
enforcement, whether before or after judgment.
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14. Notices. Each notice, request, or demand given or required to be given pursuant to
this Agreement shall be in writing and shall be deemed sufficiently given if deposited in
the United States mail, first class, postage prepaid, and addressed to the intended
recipient or to such other address as may be specified in writing by the parties.
15. Breach and Attorneys' Fees. In the event SEP fails to perform any of its duties
under this Agreement, SEP shall reimburse OPHS for all costs and expenses (including
reasonable attorneys' fees, court costs, and costs of investigation) to enforce this
Agreement, regardless of whether a suit or action has been commenced or concluded.
16. Interpretation. The parties acknowledge that each party has reviewed and revised,
and has been given the opportunity to have counsel review and revise, this Agreement
and that the normal rule of construction to the effect that any ambiguities are to be
resolved against the dragint party shall not be employed in the interpretation of this
agreement or any amendments or exhibits thereto.
17. Entire Agreement. This Agreement and attachments represent the entire Agreement
between the parties with respect to the subject matter hereof and supersedes all prior
agreements and understandings of the parties as to such subject matter. IN WITNESS
WHEREOF, the parties have entered into this agreement. The signatories hereto
warrant and represent that they have the competent authority to enter into this
obligation of this agreement.
Olympic Peninsu�Heh Services PS
By'
Name: Annie iloni
President
Date: 07/02/2020
Jefferson County Public Health Syringe Exchange Program
By:
Name: Chair
Jefferson County Board of County Commissioners
Date:
Attest:
By: Carolyn Gallaway, Deputy Clerk of the Board
Approved as t form only:
By:l� �� / i 1012o Za
Phillip Hunsucker, Chief Civi Deputy Prosecuting Attorney
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