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HomeMy WebLinkAboutInterlocal between KCPHD and KVHKittitas County Review Form Grants &Contract Agreement Today's Date PA Camas Request #:10/10/2022 Fund/Department 116-Public Health Agenda Date: Contract/Grant Information Contract /Grant Agency:Interlocal Agreement between Kittitas County Public Health Department and Kittitas Valley Hospital .Period End Date:2 years from Date ofPeriodBeginDate:Date of Execution Execution Total Grant/Contract Amount:None Grant/Contract Number: Contract/Grant Summary: The Interlocal Agreement between KCPHD and KVH is established to promote efficiency in providing health services to the citizens of Kittitas County.The agreement allows KCPHD emergency storage of vaccine should the need arise at the health department because of power outage or storage failure. Recommendation for Board of Health Review on Department Head Signature:,Director Date: Kittitas County Prosecutor,Auditor,and Board of Health Review and Comment: APPROVED AS TO FORM: Signature of Prosecutor's Office Date Signature of Auditor's Office Date Verification the Contracting Agency is not Suspended/Disbarred: Agency is not suspended/disbarred Not Checked (reason) Grant/Contract Review Page 1 Financial Information Total Amount State Funds $Federal Funds $ Percentage County Funds Matching Funds $CFDA# In-Kind $ Explain Is Equipment being purchased?Who owns equipment? New Personnel being hired?Contact HR hiring --reporting requirements Future impacts or liability to Kittitas County: Budget Information Budget Amendment Needed?Yes O attach budget form No why not New Division Created? Revenue Code Expense Code Pass Through Information Agency to Pass Through Amount to Pass Through Expense Code: Sub-Contract Approved Date: Prosecutor Review Has the Prosecutor reviewed this agreement?Yes No County Departments Impacted Auditor Facilities Maintenance Information Services Human Resource Prosecutor Treasurer BOCC Approval Needed? Yes No O Staff Member Presenting: Assignment of Tracking Information Auditor's Office Human Resource Prosecutor's Office Who Signed the grant application Reviewer Date Grant/Contract Review Page 2 BOARD OF COUNTYCOMMISSIONERS COUNTYOF KITTITAS STATE OF WASHINGTON RESOLUTION NO.2022- RESOLUTIONTO AUTHORIZE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEENTHE KITTITAS COUNTYPUBLIC HEALTH DEPARTMENTAND KITTITAS VALLEY HEALTHCARE FOR EMERGENCYVACCINE STORAGE 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,one of the many ways KCPHD preserves and promotes health improvements is by providing vaccines to the public;and WHEREAS,those vaccines have specific storage requirements that could become compromised during certain events or circumstances and thus,a backup storage location is necessary;and WHEREAS,Kittitas Valley Healthcare (KVH)has the necessary storage capacity to serve as a backup storage location for KCPHD;and WHEREAS,the Parties desire to enter into an emergency vaccine storage agreement that is 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 Kittitas Valley Healthcare that is attached hereto,and incorporated herein by reference. DATED this day of ,2022,at Ellensburg,Washington. BOARD OF COUNTYCOMMISSIONERS KITTITASCOUNTY,WASHINGTON Chair Vice-Chair Commissioner ATTEST: Clerk of the Board INTERLOCALCOOPERATIVEAGREEMENT BETWEEN KITTITASCOUNTYPUBLIC HEALTH DEPARTMENT AND KITTITASVALLEY HEALTHCARE FOR EMERGENCYSTORAGEOF VACCINE THIS AGREEMENTis made and entered into by and between Kittitas County,through the Kittitas County Public Health Department ("KCPHD")and Kittitas Valley Healthcare ("KVH")pursuant to the authority granted by Chapter 39.34 RCW,INTERLOCAL COOPERATIONACT. ARTICLE I PURPOSE 1.01 PURPOSE.The purpose of this agreement is for the parties to promote efficiency in providing health services to the citizens of Kittitas County by KVH providing emergency storage of KCPHD's vaccine in the event of power or equipmentfailure at the KCPHD facility. ARTICLE II SERVICES BY KCPHD AND KVCH 2.01 Under the terms of this agreement,KCPHD agrees to provide the following services: A.In the event of an emergency due to concern of failure to maintain vaccine integrity due to power or equipment failure of KCPHD vaccine storage unit (s),KCPHD's Communicable Disease (CD)Supervisor,or acting Supervisor, shall: a.Notify KVH pharmacy of KCPHD need for emergency storage of KCPHD vaccine; b.Consult with KVH pharmacy manager for an agreed upon delivery time for KCPHD staff to transportvaccine to the KVH pharmacy; c.Label KCHPD vaccine "KCPHD"on each vaccine box for ease in identification of KCPHD vaccine within KVH medication storage unit; d.Assure transportof vaccine per KCPHD vaccine storage and handling protocols to ensure integrity of vaccine during transportto KVH; INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY PUBLIC HEALTH DEPARMENT AND KITTITAS VALLEY HEALTHCARE FOR EMERGENCY VACCINE STORAGE Page 1 of 8 e.Provide the KVH pharmacy manager with a detailed inventory report (vaccine name,lot number,and number of doses)of transported doses of KCPHD vaccine into the KVH vaccine storage unit(s); f.Provide the KVH pharmacy manager with temperaturelog sheets for recording daily freezer and refrigeration temperatures; g.Communicate daily to the KVH pharmacy manager on the current status of KCPHD storage unit(s)for anticipated date of vaccine return to KCPHD;and h.Consult with KVH pharmacy manager for an agreed upon access time for retrieval of daily vaccine needs at KCPHD. B.Annual training on proper vaccine storage.See Article V below. 2.02 Under the terms of this agreement,KVH agrees to provide the following services: A.Provide refrigeration and freezer storage for KCPHD's vaccine within the KVH pharmacy's temperaturemonitored medication refrigeration and freezer storage units.KVH shall ensure that KCPHD vaccine is stored in accordance with the manufacturer's specifications and the guidelines as outlined in the "Guidelines for Vaccine Storage and Handling"and the "Provider Guidelines for Receipt of Publicly Supplied Vaccine". B.Allow KCPHD access to the vaccine for retrieval of needed vaccine for daily use until KCPHD vaccine storage unit(s)meet qualifications for proper storage temperatures. C.At least twice a day,KVH will record temperaturesfor any freezers or refrigerators used to store KCPHD vaccine.KVH will provide temperature monitoring logs to KCPHD on at least a monthly basis. D.If temperaturesare either too warm or too cold per the above guidelines,KVH will immediatelyreport the storage incident to KCPHD as soon as possible and no more than one (1)working day of the storage incident. INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY PUBLIC HEALTH DEPARMENT AND KITTITAS VALLEY HEALTHCARE FOR EMERGENCY VACCINE STORAGE Page 2 of 8 ARTICLE III ADMINISTRATION 3.01 ADMINISTRATOR.The following individuals are designated as representatives of the respective parties.The representatives shall be responsible for administration of this Agreement and for coordinating and monitoring performance under this Agreement.In the event such representativesare changed,the party making the change shall notify the other party. A.The KCPHD representativeshall be: Kate Johnson,Communicable Disease Supervisor Kittitas County Public Health Department 507 N.Nanum Street,Suite 102 Ellensburg,WA 98926 Phone:(509)962-7515 Fax:(509)962-7581 E-Mail:kate.johnson@co.kittitas.wa.us B.The KVH representative shall be: Nasser Basmeh,Pharmacy Kittitas Valley Healthcare 603 S.Chestnut St. Ellensburg,WA 98926 Phone:(509)962-7420 E-Mail:nbasmeh@kvhealthcare.org Rhonda Holden,CNO Kittitas Valley Healthcare 603 S.Chestnut St. Ellensburg,WA 98926 Phone:(509)962-7320 E-Mail:rholden@kvhealthcare.org ARTICLE IV DURATIONAND RENEWAL OF AGREEMENT 4.01 DURATIONAND RENEWAL.This Agreementshall be effective when executed by both parties and will be renewed every 2 years or earlier if information needs to be updated. INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY PUBLIC HEALTH DEPARMENT AND KITTITAS VALLEY HEALTHCARE FOR EMERGENCY VACCINE STORAGE Page 3 of 8 ARTICLE V COMPENSATION 5.01 FINANCING.Each party will handle their own activities and utilize their own resources,including the expenditure of their own funds,in pursuing the objectives of this Agreement.No funds will be transferred,and no equipment will be purchased through this agreement.Nothing in this Agreement shall obligateeither KCPHD or KVH to obligate or transfer any funds.Specific work projects or activities that involve the transfer of funds,services,or property among KCPHD and other agencies will require execution of separate agreements and be contingent upon the availabilityof appropriated funds.Such activities must be independently authorized by appropriate authority.This Agreement does not provide such authority.Negotiation,execution,and administration of each such agreementmust comply with all applicablepolicies and procedures. ARTICLE VI PERFORMANCEOF AGREEMENT KCPHD and KVH hereby jointly agree to the following: 6.01 MAXIMUM STORAGETIME:Storage of KCPHD vaccine will not exceed 60-day duration per emergency event. 6.02 CONFIDENTIALITY, A.Definition."Confidential Information"means information that is exempt from disclosure to the public or unauthorized persons under either Chapter 42.56 RCW or other applicable state or federal laws,including but not limited to information which has been determined to be confidential by the Health Insurance Portability and Accountability Act (HIPAA).Confidential Information includes,but is not limited to,Personal Information and Individually identifiable Health Information. B.Use and Disclosure.Confidential Information collected,used or acquired in connection with this Agreementshall be used solely for the purposes of this Agreement.Both parties agree not to release,divulge,publish, transfer,sell or otherwise make known to unauthorized person(s) Confidential Information gained by reason of this Agreementwithoutthe express written consent of the other agency or as provided by law. INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY PUBLIC HEALTH DEPARMENT AND KITTITAS VALLEY HEALTHCARE FOR EMERGENCY VACCINE STORAGE Page 4 of 8 6.03 COMPLIANCE WITH ALL LAWS.Each party shall comply with all federal,state, and local laws,rules,regulations and ordinances applicable to the performance of this Agreement,including without limitation,all those pertaining to wages and hours,confidentiality,disabilities,and discrimination. 6.04 MAINTENANCEAND AUDIT OF RECORDS.Each party shall maintain books, records,documents and other materials relevantto its performance under this Agreement.These records shall be subjected to inspection,review and audit by either party or its designee,and the Washington State Auditor's Office.Each party shall retain all such books,records,documents and other materials for the applicable retention period under federal and Washington law. 6.05 TREATMENTOF ASSETS AND PROPERTY.No fixed assets or personal or real property will be jointly or cooperatively,acquired,held,used,or disposed of pursuant to this Agreement. 6.06 IMPROPER INFLUENCE.Each party agrees,warrants and represents that it did not and will not employ,retain or contract with any person or entity on a contingent compensation basis for the purpose of seeking,obtaining,maintaining or extending this Agreement.Each party agrees,warrants and represents that no gratuity whatsoeverhas been or will be offered or conferred with a view towards obtaining,maintaining or extending this Agreement. 6.07 CONFLICT OF INTEREST.The elected and appointed officials and employees of the parties shall not have any personal interest,direct or indirect,which gives rise to a conflict of interest. ARTICLE VII INDEMNIFICATION 7.01 INDEMNIFICATION.Each party agrees to be responsible and assume liability for its own wrongful and/or negligent acts or omissions or those of their officials, officers,agents,or employees to the fullest extent required by law,and further agrees to save,indemnify,defend,and hold the other party harmless from any such liability.It is further provided that no liability shall attach to the parties by reason of entering into this contract except as expressly provided herein. INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY PUBLIC HEALTH DEPARMENT AND KITTITAS VALLEY HEALTHCARE FOR EMERGENCY VACCINE STORAGE Page 5 of 8 ARTICLEVIII DISPUTES 8.01 TIME.Time is of the essence of this Agreement 8.02 GOVERNINGLAW AND VENUE.This Agreementshall be governed exclusivelyby the laws of the State of Washington.The Kittitas County Superior Court shall be the sole proper venue for any and all suits brought to enforce or interpret the provisions of this Agreement. 8.03 ATTORNEY'SFEES.If any legal action or other proceeding is brought for the enforcement of this Agreement,or because of an alleged dispute,breach, default,or misrepresentation in connection with any of the provisions of this Agreement,each party shall pay its own attorney's fees incurred in that action, arbitration or proceeding. 8.04 INCORPORATIONBY REFERENCE.The following items are hereby incorporated by reference into this Agreement: A.US Dept.of Health and Human Services:"Guidelines for Vaccine Storage and Handling" B.Washington State Department of Health Immunization Program:Provider Guidelines for Receipt of Publicly Supplied Vaccine ARTICLE IX TERMINATION 9.01 TERMINATION.Any party hereto may terminatethis Agreement upon thirty (30) days notice in writing either personally delivered or mailed postage-prepaid by certified mail,return receipt requested,to the party's last known address for the purposes of giving notice under this paragraph.If this Agreement is so terminated, the parties shall be liable only for performance rendered in accordance with the terms of this Agreementprior to the effective date of termination. ARTICLE X GENERALPROVISIONS INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY PUBLIC HEALTH DEPARMENT AND KITTITAS VALLEY HEALTHCARE FOR EMERGENCY VACCINE STORAGE Page 6 of 8 10.01 CHANGES,MODIFICATIONS,AMENDMENTSAND WAIVERS.This agreement can be reviewed and mutually amended in writing as needed by the board members of the participating parties.Any waiver of a term or condition of this Agreement shall apply only to the specific act,occurrence or omission and shall not constitute a waiver as to any other term or condition or future act,occurrence or omission.Waiver or breach of any term or condition of this Agreementshall not be considered a waiver of any prior or subsequentbreach. 10.02 ASSIGNMENT.Neither party may assign its rights or delegate its duties under this Agreement,whether by assignment,further,subcontract or other means.Any such attempted assignment or delegation shall be void and shall constitute a material breach of this Agreement. 10.03 SEVERABILITY.In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid,such invalidity shall not affect other terms,conditions or applications of this Agreementwhich can be given effect without the invalid term,condition,or application.To this end the terms and conditions of this Agreement are declared severable. 10.04 INDEPENDENTCAPACITY.The employeesor agents of each party who are engaged in the performance of this Agreementshall 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. 10.05 ENTIRE AGREEMENT.This Agreement contains all the terms and conditions agreed upon by the parties.All items incorporated herein by reference are attached.No other understandings,oral or otherwise,regarding the subject matter of this Agreementshall be deemed to exist or to bind any of the parties hereto. 10.06 FILING.Pursuant to RCW 39.34.040,This Agreementshall be filed with the Kittitas County Auditor or,alternatively,posted on the County's website. IN WITNESS WHEREOF,the parties have executed this Agreement this day of ,2022. INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY PUBLIC HEALTH DEPARMENT AND KITTITAS VALLEY HEALTHCARE FOR EMERGENCY VACCINE STORAGE Page 7 of 8 Kittitas Valley Healthcare Kittitas County Public Health,Director (Date )(Date ) Print Name of KVH Signatory Print Name INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY PUBLIC HEALTH DEPARMENT AND KITTITAS VALLEY HEALTHCARE FOR EMERGENCY VACCINE STORAGE Page 8 of 8