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HomeMy WebLinkAboutDOH-KCPHD JPR Regulation of Water Systems in KC FinalToday's Date 12/17/2103 Fund/Department 116 -Public Health Kittitas County Review Form Grants & Contract Agreement Agenda Date J •rr •,iYs•ur-is Contract/Grant Information Contract /Grant Agency: Joint Plan of Responsibility- Interagency Agreement between State of Washington Department of Health and Kittitas County Public Health Department- regulation of water systems in Kittitas County. Period Begin Date: Upon execution Period End Date: 12/31/2018 unless terminated by either party Total Grant/Contract Amount: None Grant/Contract Number: Contract/Grant Summary: The agreement is to provide for a joint plan of responsibility which delineates the responsibilities of DOH and KCPHD with respect to the regulation of water systems in Kittitas County. DOH and KCPHD agree to carry out this joint plan of responsibility as set forth in the agreement. Recommendation for Board of Health and Board of Health Review on Department Head Signature. Administrator Date: Kittitas County Prosecutor, Auditor, and Board of Health Review and Comment: APPROVED AS TO FORM: Signatu Financial Information Total Amount $ State Funds $ Federal Funds $ Grant/Contract Review Page 1 Percentage County Funds Matching Funds In -Kind $ Is Equipment being purchased? Who owns equipment? New Personnel being hired? Contact HR hiring —rep Future impacts or liability to Kittitas County: Budget Information Budget Amendment Needed? New Division Created? Revenue Code Yes ❑ attach budget form Pass Through Information Agency to Pass Through Amount to Pass Through $ Sub -Contract Approved Date: CFDA# uirements No ❑ Why not I Prosecutor Review Has the Prosecutor reviewed this agreement? Yes ❑ No ❑ County Departments Impacted Auditor Facilities Maintenance Information Services Human Resource Prosecutor Treasurer Submitted Signature: Date: Department: Assignment of Tracking Information Auditor's Office Human Resource Prosecutor's Office Who Signed the grant application Reviewer Date Grant/Contract Review Page 2 Full Delegation of Responsibility to Implement Chapter 246-291 WAC To the Local Health Jurisdiction DOH Contract N19411 Page 1 WR�I�aKStdr tkyarlmcr2 d :NY Health CONTRACT NUMBER SUBRECIPIENT N19411 DYES ®NO JOINT PLAN OF RESPONSIBILITY INTERAGENCY AGREEMENT Between STATE OF WASHINGTON DEPARTMENT OF HEALTH and KITTITAS COUNTY PUBLIC HEALTH DEPARTMENT THIS AGREEMENT is made and entered into by and between the DEPARTMENT OF HEALTH (DOH) and the Kittitas County Health Department (KCPHD). THE PURPOSE OF THIS AGREEMENT is to provide for a joint plan of responsibility which delineates the responsibilities of DOH and KCPHD with respect to the regulation of water systems in Kittitas County pursuant to Chapters 70.119A and 70.116 RCW and Chapter 246-291 WAC. The intent is to transfer primary responsibility to enforce Chapter 246-291 WAC to KCPHD in conformance with WAC 246-291-030(1)(b). This Agreement supersedes and replaces all prior Interagency Agreements between DOH and KCPHD regarding the regulation of water systems. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF RESPONSIBILITIES KCPHD and DOH agree to carry out this joint plan of responsibility as set forth in Exhibit A, General and Shared Responsibilities, and Exhibit B, Agency Responsibility for Program Function; attached hereto and incorporated herein. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on the date last executed and shall terminate on December 31, 2018 unless terminated sooner as provided herein. COSTS Unless otherwise specified within the Agreement, any and all expenses incurred by the parties to this Agreement are the sole responsibility of the incurring party. 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 other party, which consent shall not be unreasonably withheld. DOH Contract N19411 Page 2 AGREEMENT MANAGEMENT The program manager for each of the parties shall be responsible for and shall be the contact person for all communications regarding the performance of this Agreement. Either party may change its contact person by giving written notice to the other party. The Contact Person for DOH is: Danielle J Russell Office of Drinking Water 16201 E Indiana Suite 1500 Spokane Valley WA 99216 (509) 329-2136 AGREEMENT ALTERATIONS AND AMENDMENTS The Contact Person for KCPHD is Holly Duncan Kittitas County Public Health Department 507 N Nanum Street Ellensburg WA 98926 (509) 962-7515 This Agreement may be amended by mutual agreement of the parties. Amendment to the Agreement may be required as a result of statutory and regulatory changes, including, but not limited to, amendments to the Group B Rules (Chapter 246-291 WAC). Amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. DISPUTES In the event that a dispute arises under this Agreement, it shall be resolved at the lowest possible management level. If resolution is not achieved, it shall be determined in the following manner: The Director of the Office of Drinking Water at DOH shall meet with the Director of the KCPHD at the local health jurisdiction to try and resolve the dispute. Failing a resolution at the management level, the Secretary of DOH shall appoint a member to a Dispute Resolution Board and the local health jurisdiction administrator shall appoint a member to the Dispute Resolution Board. The Secretary of DOH and the local health jurisdiction administrator shall jointly appoint a member to the Dispute Resolution Board. The Dispute Resolution Board shall evaluate and resolve the dispute. The determination of the Dispute Resolution Board shall be final and binding on the parties hereto. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws and local laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. applicable state and federal laws and regulations; b. applicable local laws, c. statement of work; and d. any other provisions of the Agreement, including materials incorporated by reference. HOLD HARMLESS The KCPHD shall defend, protect and hold harmless the state of Washington, the department, or any employees thereof, from and against all claims, suits or action arising from any intentional or negligent act or omission of KCPHD or subcontractors, or agents of either, while performing under the terms of this Agreement. Claims shall include, but not be limited to, assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, or otherwise results in an unfair trade practice. DOH shall defend, protect and hold harmless KCPHD, or any employees thereof, from and against all claims, suits or action arising from any intentional or negligent act or omission of the DOH or subcontractors, or agents of either, while performing under the terms of this Agreement. Claims shall include, but not be limited to, assertions that the use or transfer of any software, book, document, report, DOH Contract N19411 Page 3 film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, or otherwise results in an unfair trade practice. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. PRIVACY/SAFEGUARDING OF INFORMATION "Personal information" means information identifiable to any person, including but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. "Personal information" includes information protected from disclosure under chapters 42.56, 70.02, 70.24, and 71.05 RCW, but does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. Neither KCPHD nor DOH shall use or disclose Personal Information in any manner that would constitute a violation of federal or Washington State law. The parties agree to comply with all applicable federal and state laws and regulations, as currently enacted or revised, regarding data security and electronic data interchange of all Personal Information. KCPHD and DOH shall protect Personal Information collected, used, or acquired in connection with this Agreement against unauthorized use, disclosure, modification or loss, and shall use it solely for the purposes of accomplishing the services set forth in this Agreement. Both parties agree to implement physical, electronic, and managerial policies, procedures, and safeguards to prevent unauthorized access, use, or disclosure the information in any form. RECORDS MAINTENANCE KCPHD and DOH agree each will maintain books, records, documents and other supporting evidence that provides verification that they have performed their portion of the work as described in the Statement of Work. These records will be open to inspection and/or review by authorized individuals of KCPHD or DOH, individuals authorized by KCPHD or DOH, the Office of the State Auditor, and federal officials, as authorized by law. All the books, records, documents, and other material relevant to this agreement will be retained for the periods established by the State Archives Office and/or the records retention periods established by each agency, whichever is longer. Records and other documents, in any medium, furnished by one of us to the other, will remain the property of the entity furnishing the information, unless we agree otherwise. KCPHD and DOH will each utilize reasonable security procedures and protections to assure that all information under this agreement is protected from erroneous disclosure to third parties. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall become invalid as a result of statutory or regulatory amendment or be held invalid by a court of general jurisdiction, such invalidity shall not affect 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. TERMINATION Either party may terminate this Agreement upon 30 days prior written notification to the other party. _.....::...:........�.� DOH Contract N19411 Page 4 TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the pther party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If the failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. 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 a writing signed by an authorized representative of the party and attached to the original Agreement. ALL WRITINGS CONTAINED HEREIN This Agreement, its attachments and all incorporations, contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement: State of Washington Deepartment of Health (DOH) I B nc�Cv�..`1lure rtle: gIntracts Officer Date: C 1 1 APPROVED AS TO CONTENT ONLY. By: tit!e: Director, Office of Drinking Water Date: APPROVED AS TO FORM ONLY: Janis Snoey Assistant Attorney General Kittitas County Public Health Department By: -I c, to, & Title: Aa K4, 1W fat. Date: :A- l �S / DOH Contract N19411 Page 5 EXHIBIT A General and Shared Responsibilities GENERAL - 1 . ENERAL: 1. DOH will fulfill any agency responsibility under chapter 246-291 WAC and chapter 246-290 WAC that this JPR does not specifically assign to KCPHD. 2. Responsibilities and authorities delegated to KCPHD in this JPR are limited to the scope of chapter 246- 291 WAC and chapter 246-290 WAC. 3. KCPHD is primarily responsible for administrating Chapter 246-291 WAC within its jurisdiction. Exhibit B indicates allocation of specific tasks. The party assigned a function shall perform that function on a day to day basis; the other party may provide advice or assistance as resources allow; provided that nothing herein shall preclude either party from taking primary responsibility for a function by mutual agreement or where an emergency exists or when the assigned party is unable to act effectively. 4. Both parties may participate in developing an informal summary of interagency responsibilities that are outside the scope of this JPR, including but not limited to that portion of local Group B regulations, if any, which are outside the scope of chapter 246-291 WAC. If developed, such an informal summary does not amend and is not incorporated in this JPR. 5. KCPHD may revise existing or adopt new regulations for the regulation of Group B water systems that alter the scope of this agreement or result in its termination. KCPHD shall inform DOH within 30 days if a new or revised local Group B drinking water ordinance is adopted. SHARED RESPONSIBILITI 1. Six months prior to the termination date, DOH and KCPHD will meet to evaluate the implementation of this JPR with the objective of determining the scope of a new or renewed JPR. 2. Both parties shall transmit to the other copies of any written policies and correspondence relevant to the subject matter of this JPR. 3. Both DOH and KCPHD will work together to ensure that there is effective communications when dealing with drinking water emergencies, security incidents and health risk situations related to water systems in KCPHD. DOH Contract N19411 Page 6 EXHIBIT B Agency Responsibility for Program Function GROUP B PROGRAM FUNCTIONS Assignment of (Within the Scope of chapter 246-291 WAC) Responsibility Develop and implement a local Group B design approval fee schedule. KCPHD may charge fees ;onsistent with their adopted fee schedule in order to defray Group B program expenses incurred in maintaining a Group B drinking water program to the extent authorized under RCW 70 05.060 and RCW 70 05.070. Administer a Group B public water system program to the extent authorized by this JPR. Provide the applicant/purveyor with technical assistance on Group B approval requirements and design standards. (Review and approve all design submittals for new or expanding Group B water systems intending to :serve nine or fewer dwelling units, ensuring compliance with each design approval requirement in chapter 246-291 WAC. Conduct well site inspections for new Group B sources. (Review hydrogeologic evaluation of all potential GWI sources and determine whether the proposed :source is GWI in accordance with DOH GWI program guidance. Share written communications with DOH. This includes, but is not limited to, providing DOH with copies KCPHD )f the following within 30 days of approving the design submittal for a new or expanding Group B water system: a. Approval letter with the name of the system, maximum number of connections to be served, the location of the system, and number of dwelling units and number of non-residential connections approved; b. Well log; c. Completed notice to title information; d. Completed water facility inventory (WFI) form, e. Hydrogeologic evaluation of potential GWI source (if applicable); f. Satisfactory coliform bacteria analysis lab report(s), satisfactory inorganic chemical analysis lab, and any other water quality information as may have been required for approval of the source(s). Issue and lift health advisories, including boil water/bottled water notices, for Group B public water systems. Inform DOH of all health advisories when issued and rescinded. Ensure compliance with all ongoing requirements in chapter 246-291 WAC (such as WAC 246-291-250, -300, and -360) for all Group B public water systems. iReview and approve all design submittals for public water systems serving ten or more dwelling units. Share written communications with KCPHD. This includes, but is not limited to, providing KCPHD with copies of the following within 30 days of approving a new or expanding Group B water system: a. Approval letter with the name of the system, maximum number of connections to be served, the location of the system, and number of dwelling units and number of non-residential connections approved; DOH b. Well log; c. Completed notice to title information; and d. Completed water facility inventory (WFI) form (Provide periodic training for KCPHD staff, and provide technical assistance to KCPHD staff as requested and as DOH resources permit. iVlaintain Group B Design Guidelines, the Group B Design Workbook, and the Group B Resource Web DOH Contract N19411 Page 7 E=nter initial water facilities inventory (WFI) information into DOH's drinking water data system for each iew and expanding Group B water system approved by KCPHD after KCPHD submits the completed NFI to DOH. r WFI information for existing Group B water systems that serve ten or more dwelling units for HD submits a completed WFI to DOH. J�Request annual WFI updates from all public water systems approved to serve 10 or more dwelling units. I]I] IDOH will share with KCPHD any change in classification (Group A systems becoming Group B systems :)r vice versa) based on its annual review. nter Group B water quality lab reports which include a valid public water system identification number. GROUP A PROGRAM FUNCTIONS Assignment of (Within the Scope of chapter 246-290 WAC) Responsibility sanitary surveys of Group A water systems in conformance with the KCPHD -DOH Consolidated [--onduct ntract KCPHD Conduct well site inspections of new and expanding Group A well supplies in conformance with the KCPHD -DOH Consolidated Contract KCPHD Participate in epidemiological investigations of suspected or known water bome illness. DOH & KCPHD DOH Contract N19411 Page 8