HomeMy WebLinkAboutRes-2016-161BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUT[9N
NO. 2016----1-' =lP_' \~
RESOLUTION TO AUTHORIZE EXECUTION OF AN INTERLOCAL AGREEMENT
BETWEEN THE KITTITAS COUNTY PUBLIC HEALTH DEPARTMENT AND THE
TACOMA-PIERCE COUNTY HEALTH DEPARTMENT
WHEREAS, RCW 39.34, the Interlocal Cooperation Act, provides the capability for public
agencies to cooperate for mutual advantage; and
WHEREAS, Kittitas County, through the Kittitas County Public Health Department (KCPHD),
is charged with the preservation, promotion, and improvement of health in the
County; and
WHEREAS, the issuance of food workers cards is consistent with the KCPHD duty to improve
health in the County; and
WHEREAS, the Tacoma-Pierce County Health Department (TPCHD) has the Tacoma-Pierce
County Food Handlers on line system; and
WHEREAS, the Tacoma-Pierce County Food Handlers on line system provides online food
worker training, testing and card issuance services; and
WHEREAS, KCPHD desires to utilize the Tacoma-Pierce County Food Handlers on line system
to issue local food workers cards; and
WHEREAS, TPCHD is willing and able to provide access to this system; and
WHEREAS, KCPHD and TPCHD agree that access and utilization of the Tacoma-Pierce
County Food Handlers on line system should be delivered in the manner detailed
in this interlocal agreement, attached hereto and incorporated herein by reference.
NOW THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Kittitas
County, Washington, authorizes execution of an interlocal agreement with the
Tacoma-Pierce County Health Department that is attached hereto, and
incorporated herein by reference.
DATED this Lefh day of ~ber ,2016, at Ellensburg, Washington.
BOARD OF COUNTY COMMISSIONERS
~~INGTON
Vice-Chair
ABSENT
Commissioner
INTERLOCAL AGREEMENT
BETWEEN
Interlocal Agreement #1059-32-2021
TACOMA-PIERCE COUNTY HEALTH DEPARTMENT
And
COUNTY PUBLIC HEALTH DISTRICT
This Interlocal Agreement is made and entered into by and between the Tacoma-Pierce County Health
Department, hereinafter referred to as DEPARTMENT, and KITTITAS COUNTY PUBLIC HEALTH DISTRICT
hereinafter referred to as the Local Health Jurisdiction. The DEPARTMENT and the Local Health
Jurisdiction are collectively referred to as the "parties."
I. RECITALS
WHEREAS, the DEPARTMENT and the Local Health Jurisdiction are local health departments as provided
for under Chapters 70.05, 70.08, or 70.46 RCW, with authority under Chapter 246-217 WAC to issue food
worker cards; and
WHEREAS, it is the purpose of this Interlocal Agreement to provide for the funding and execution of services as
described in Addenda A and B, attached hereto and incorporated herein; and
WHEREAS, the parties have the authority to enter into this Agreement pursuant to RCW 39 .34.080.
11. DEFINITIONS
As used herein, the following terms shall have the meanings set forth below:
A. Agreement means this Interlocal Agreement together with the attached Addenda, and any other
documents incorporated therein . Any oral representations or understandings not incorporated herein
are excluded . Attached hereto and made a part hereof for all purposes are the following :
Addendum Number of Pages Description
A 2 Scope of Work
B 1 Allocation of Fees
B. Department Representative means the individual or individuals designated and authorized by the
DEPARTMENT to receive notices and to act for it in all matters relating to this Agreement, or the
designee of such individual.
C . Local Health Jurisdiction's Representative means the individual designated and authorized by the
Local Health Jurisdiction to receive notices and to act for it in all matters relating to this Agreement,
or the designee of such individual.
D. Services means all work performed by the DEPARTMENT or the Local Health Jurisdiction pursuant
to and governed by this Agreement , including Addenda A and B.
Ill. TERM
The term of this Agreement shall be: January 1; 2017 through December 31, 2021, unless amended or
terminated earlier pursuant to the terms and conditions herein. Should this Agreement be signed after the term
beginning date stated herein, then it shall be retroactive and binding to that date.
IV. PAYMENT
Payment for the services described in Addendum A shall be provided as set forth in Addendum B, attached
hereto and incorporated by reference .
Interlocal Agreement #1059 -32-2021
V. HOLD HARMLESS
Except as otherwise provided herein, each party shall defend, protect, and hold harmless the other party, and
its appointed and elected officials, employees , and agents from and against all liability, loss, cost, damage and
expense, including but not limited to costs and attorney's fees, because of claims, suits and/or actions arising
from any negligent or intentional act or omission asserted or arising or alleged to have arisen directly or
indirectly out of or in consequence of the performance of this Agreement by that party's appointed or elected
officials, employees, and agents .
VI. RECORDS MAINTENANCE
The DEPARTMENT and the Local Health Jurisdiction shall each maintain books, records , documents , and
other materials , including but not limited to online data, that 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 copying, inspection, review, or audit by personnel of either party, and other personnel duly authorized
by law. The DEPARTMENT shall retain all books, records, documents, online data, and other material relevant
to the services described in Addendum A , which materials shall be made available to the Local Health
Jurisdiction upon request.
VII. TERMINATION
Except as otherwise provided for herein, either party may terminate this Agreement by giving the other party at
least one hundred eighty (180) days written notice . If this Agreement is so terminated, each party shall be liable
only for performance in accordance with the terms stated herein for services rendered prior to the effective date
of termination .
VIII. CHANGE IN FUNDING
If the funding authorities of the DEPARTMENT (Federal, State, and local agencies) fail to appropriate funds to
enable the DEPARTMENT to continue payment as specified in this Agreement or if the Board of Health reduces
the budget of the DEPARTMENT or any program(s) and, as a result of the Board of Health's action, the
DEPARTMENT's Director of Health determines there are insufficient funds to continue payment as specified in
this Agreement, then the DEPARTMENT may modify or cancel this Agreement without penalty prov ided that
the Local Health Jurisdiction receives at least ninety (90) days prior written notice of lack of appropriated
funds as the reason for the modification or termination . Any modification of this Agreement shall be effective
only upon incorporation into a written amendment as set forth in Section XI.
IX. INTERPRETATION
In the event of an inconsistency found in the terms and conditions contained within this Agreement , unless
otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order:
• Applicable Federal and State Statutes and Regulations;
• Addenda A and B ; and
• The provisions of this Agreement.
X. PERFORMANCE
The DEPARTMENT shall perform all services in accordance with all applicable profeSSional standards and
agrees that it will use only qualified , competent personnel in the execution of these services .
XI. AMENDMENTS
Either party may request changes to this Agreement. Proposed changes, which are mutually agreed upon, shall
be incorporated by written amendments to this Agreement. No changes to this Agreement are valid or binding
on either party unless first reduced to writing and signed by the Representatives of both parties .
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Interlocal Agreement #1059-32-2021
XII. NON-DISCRIMINATION
Each party covenants that in providing the services described in Addendum A , no person shall be excluded
from participation therein, denied the benefits thereof, or otherwise be subjected to discrimination with respect
thereto on the grounds of marital status, presence of any sensory, mental, or physical handicap, unless based
upon a bona fide occupational qualification, race, creed, color, national origin, age , religion, gender, sexual
orientation, disabled veteran status or Vietnam Era Veteran status.
XIII. DISPUTES
This Agreement shall be administered and interpreted under the laws of the State of Washington . In the event
that a dispute arises in the interpretation or application of this Agreement, both parties are to proceed to good
faith negotiation to resolve said disputes. The parties may also agree in writing to mediation if negotiation is not
successful in resolving the dispute. However, in the event such disputes cannot be resolved, the dispute may
be appealed to the parties ' Local Health Officer or his Iher designee for resolution . In the event the Local Health
Officers are unable to resolve the dispute, either party may pursue relief in Superior Court. Jurisdiction of
litigation arising from this Agreement shall be in the State of Washington . Venue for all actions arising pursuant
to this Agreement shall lie within Pierce County, Washington .
XIV. SERVICES MANAGEMENT
The work described in Addendum A shall be performed under the coordination and cooperation of both party
representatives. Each party shall provide assistance and guidance to the other party as necessary for the
successful performance and goals of this Agreement.
XV. ALL WRITINGS CONTAINED HEREIN
This Interlocal Agreement contains all the terms and conditions acknowledged by both parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or
bind the parties hereto . This Agreement supersedes any prior written agreements between the parties relating
to the work described in Addendum A.
IN WITNESS THEREOF the parties hereto have executed th is Agreement as of the date(s) set forth below.
Kittitas County Health Department
507 N Nanum Street Suite 102
Ellensburg, WA 98926
Phone : 509-962-7515
Fax: 509-962-7581
, ~or i zed Signature
Christopher Schuler
Business Manager
Tacoma-Pierce County Health Department
3629 South D Street, MS 001
Tacoma, WA 98418
(253) 798-2899
Date
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Interlocal Agreement #1059-32-2021
ADDENDUM A: SCOPE OF WORK AND SPECIFIC CONDITJONS
This Addendum A applies to Agreement #1059-32-2021 between The TACOMA-PIERCE COUNTY HEALTH
DEPARTMENT (DEPARTMENT) and KITTITAS COUNTY PUBLIC HEALTH DISTRICT (Local Health
Jurisdiction). In addition to the terms and conditions set forth in the Agreement, the parties agree as follows.
1. Local Health Jurisdiction 's ResponslbilitJes:
1.1. Authorize the DEPARTMENT by means of this Agreement to act as the Local Health Jurisdiction's
"Designated Agent" and provide online food worker training, testing and card issuance to residents of
KITTITAS County and any out-at-state residents who state they work in KITTITAS County, as
permitted under Chapter 246-217 WAC.
1.2. Hold the DEPARTMENT harmless from any actual or purported loss of online food worker training,
testing and card issuance income during times of unavoidable lack of access to the DEPARTMENT's
training, testing and card issuance web site .
1.3. Maintain the security of the data originating from and contained in the online food worker card
database. This includes but is not limited to adhering to the standard practices for strong password
generation and user account management. The Local Health Jurisdiction shall not grant
unauthorized parties access to the confidential data originating from or contained in the online food
worker card database .
2 . The DEPARTMENT's Responsibilities:
2.1. Provide online food worker training, testing and card issuance services as a designated agent of the
Local Health Jurisdiction in accordance with the State of Washington's requirements under Chapter
246-217 WAC.
2.2. Ensure a good-faith effort to maintain a training, testing and card issuance web site that functions and
is accessible to residents of KITTITAS County and any out-of-state residents who state they work in
KITTIT AS County.
2.3. Provide Local Health Jurisdiction with the location of a website to which residents of KITTITAS
County and any out-of-state residents who state they work in KITTIT AS County may be directed for
online training, testing and card issuance. The DEPARTMENT may change the location of the website,
but must provide re-direction to a new site with a minimum of thirty (30) days advance notice to Local
Health Jurisdiction.
2.4. Provide access to the software to print a food worker card with the Local Health Jurisdiction logo
which shall be valid throughout the State of Washington for a minimum period of two years from the
date of issuance.
2.5. Establish a secure online payment gateway and service that will permit online payment services via,
credit cards, including but not limited to Visa and MasterCard, as well as debit cards.
2.6. Provide and pay for an online maintenance agreement with an outside contractor to provide technical
support of the website and online programming of the on line food worker card software.
2.7. Provide Local Health Jurisdiction with a written statement of income on a quarterly basis, or as
frequently as the parties may otherwise agree, or a link to an online report providing the same
information.
2.8. Provide support and service to Local Health Jurisdiction during regular DEPARTMENT hours of
operation to ensure Local Health Jurisdiction has the ability to respond to queries from residents of
KITTITAS County and any out-of-state residents who state they work in KITTITAS County.
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Interlocal Agreement #1059-32-2021
3. Pu blic Records Requ ests .
3.1 The DEPARTMENT holds the records and data generated by the Food Workers Card software as the
Local Health Jurisdiction's designee . The DEPARTMENT will provide all such materials to the
Local Health Jurisdiction in response to any public record request the Local Health Jurisdiction
may receive relating to the Food Workers Card database. The Local Health Jurisdiction will be
responsible for releasing the records to the requester in accordance with Chapter 42 .56 RCW and
Chapter 44-14 WAC . When the Local Health Jurisdiction requests records , the Local Health
Jurisdiction must clearly describe the records that are being requested . The DEPARTMENT will
notify the Local Health Jurisdiction as to the number of days it will take to gather the responsive
records . Any public records requests received by the DEPARTMENT will be fulfilled by the
DEPARTMENT. In the event the DEPARTMENT receives a request for public records regarding the
Local Health Jurisdiction's records, the DEPARTMENT will notify the Local Health Jurisdiction of
the request prior to releasing the records .
4 . Liaiso ns fo r the Agree m ent:
On behalf of the DEPARTMENT: Donald Foreman
Environmental Health Specialist III
Tacoma-Pierce County Health Department
3629 S D Street
Tacoma , WA 98418
Phone : (253) 798-3515
Fax : (253) 798-6539
Email :dforeman@tpchd.org
On behalf of the Local Health Jurisdiction :
Candi Blackford
Administrative Supervisor
Kittitas County Health Department
507 N Nanum Street Suite 102
Ellensburg , WA 98926
Telephone: 509-962-7515
Fax : 509-962-7581
Email : candi.blackford@co .kittitas .wa .us
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Interlocal Agreement #1059-32-2021
ADDENDUM B: ALLOCATION OF FOOD WORKER CARD FEES
This Addendum B applies to Agreement #1059-32-2021 between The TACOMA-PIERCE COUNTY HEALTH
DEPARTMENT (DEPARTMENT) and KITTITAS COUNTY PUBLIC HEALTH DISTRICT (Local Health
Jurisdiction). In addition to the terms and conditions set forth in the Agreement and Addendum A, the parties
agree as follows :
1. Fe e Allocation an d Method of Paymen t :
1.1. During the period Janu ary 1. 20 17 throu gh December 31 . 2021, the DEPARTMENT will collect on
behalf of the Local Health Jurisdiction the maximum fee established under Chapter 246-217 WAC,
as now or hereafter amended.
1.2. The DEPARTMENT will retain a $3.00 per card fee as payment for the services described in this
Agreement from each online food worker card issued online to a resident of KITTITAS County and any
out-of-state resident who states he or she works in KITTIT AS County and who enters the
www.foodworkercard.wa.gov testing website (or a successor site) by means of the Local Health
Jurisdiction's web link, the DEPARTMENT's web link, or any other approved link. The balance of the
monies collected under Chapter 246-217 WAC shall be remitted to the Local Health Jurisdiction in
accordance with the terms set forth below.
1.3. The DEPARTMENT may impose and retain a surcharge or equivalent assessment intended to recoup
any credit card processing fees . Such a surcharge or equivalent assessment will be paid directly by
the food worker (not by the Local Health Jurisdiction), and shall not be included in the fee allocations
and methods of payment described elsewhere in this section.
1.4. If the actual and indirect costs incurred by the DEPARTMENT to provide the services described in this
Agreement exceed $3.00 per card, the DEPARTMENT may, in its sole discretion , increase the amount
it retains as payment for services to offset the difference and the amount remitted to the Local Health
Jurisdiction will be reduced . Written notice of rate increases, if any , will be provided in writing ninety
(90) days in advance to the Local Health Jurisdiction.
1.5. The DEPARTMENT will retain a $1 .00 per card fee for the services described in this Agreement from
each replacement food worker card issued online to a resident of KITTIT AS County and any out-of-
state resident who has lost his or her original food worker card; provided , he or she works in KITTITAS
County, purchases a replacement food worker card without taking the online test, and enters the
www.foodhandlerscard.com testing website (or a successor site) by means of the Local Health
Jurisdiction's web link, the DEPARTMENT's web link, or any other approved link. The balance of the
monies collected under Chapter 246-217 WAC shall be remitted to the Local Health Jurisdiction in
accordance with the terms set forth below.
1.6 . If a food worker from a Local Health Jurisdiction challenges the valid ity of a payment for an online
food worker card and the credit card company charges back or reverses the payment , the Local
Health Jurisdiction agrees to pay any fees and costs associated with the cost of the reversal.
Currently these fees are $25.00 per transaction in addition to the actual amount reversed.
1.7. The DEPARTMENT shall remit monies owed to the Local Health Jurisdiction on a quarterly basis,
together with a written statement of income received, or as frequently as the parties may otherwise
agree, or a link to an online report providing the same information. Said funds and the quarterly
statement shall be mailed to the Local Health Jurisdiction at the address stated below within 20
business days of the end of the quarter.
1.8 . At the written request of the Local Health Jurisdiction Representative the DEPARTMENT may enter
into agreements with institutions such as Department of Corrections to provide food worker cards for
residents of Kittitas County that are not permitted internet access . The DEPARTMENT will retain
$10 .00 per card fee for this service .
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Interlocal Agreement #1059-32-2021
2. Remittance Address: DEPARTMENT will remit payment to the address stated below:
Kittitas County Health Department
507 N Nanum Street Suite 102
Ellensburg, WA 98926
3. Accounting Information:
3.1. Source of Funding: N/A
3.2. DEPARTMENT Program Number: 1059-Food Safety
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