Loading...
HomeMy WebLinkAboutFully Executed ILABOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOL N NO.2026- RESOLUTION TO AUTHORIZEEXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY AND THE WASHTNGTON STATE DEPARTMENT OF HEALTH 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 witir the preservation, promotion, and improvement of health in the CountY; and WHEREAS, Addressing Tuberculosis by providing necessary medications in accordance with applicable medical and legal requirements aligns with obligations of KCPHD; and WHEREAS, the Washington State Department of Health operates a program through which Tgberculosii medication, u." provided to local health departments at no cost to the receiving entity, as detailed in the attached Interlocal Cooperation Agreement, which is incorporated herein by this reference; and WHEREAS, the Board of County Commissioners find that it is in the best interest of the County, and all its citizens to enter the Interlocal Agreement. NOW THEREFORE, BE IT RESOLVED that the Board of county commissioners of Kittitas County, Washington, authorizes execution of an Interlocal Agreement with the State of Washington Department of Health. DATED this 1(b day of t 2026, at Ellensburg, Washington' BOARD OF COTINTY COMMISSIONERS , WASHINGTON ABSENT C k Court$ Board Commissioner t II I HEALTH Warhl4*ten ttnis 0r9rr!F8nl oi CONTRACT NUMBER: cLH32635-0 SUBRECIPIENT * f,vus XNo INTERLOCAL AGREEMENT Between STATE OF'WASHINGTON DEPARTMENT OF HEALTH And Kittitas CountY Public Health THIS AGREEMENT is made by and between the state of washington Department of Health' hereinafter referred to as DOH, and Kittitai County Public Health, hereinafter referred to as LHJ pursuant to the authority granted by Chapter 39'34 RCW. pURpOSE: The purpose is to cover TB medications used to treat active TB disease in patients who are under- or uninsured or who lack prescription coverage and are not covered by Medicaid or Apple Health' THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK AND BUDGET: The LHJ 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 Exhibit A, attached hereto and incorporated herein. PERIOD OF PERFORMANCE: Subject to its other provisions, the period of performance of this Agreement shall commence on January l' 2026, and be completed on December 31' 2029' unless terminated sooner as provided herein. Any work done outside of the period of performance shall be provided at no cost to DOH. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA): If federal funds are included in this contract as indicated below, this contract requires compliance with the Federal Funding Accountability and Transparency Act (FFATA or the Transparency Act)' -The .purpose of the Transpirency Act is to make inforrnation available online so the public can see how federal funds are spent' To comply with the act and be eligible to enter into this contract, your organization must have a Unique Entity ldentifier (uEl) number. a ugt number provides a method to veris data about your organization' If you do not already have one, you may receive a UEI number free of charge by contacting System for Award Management (SAM) at SAM.GOV. Information about your organization and this contract will be made available on www.USASpending'gov by DOH as required bY P.L' 109-282. pAyMENT: Compensation for the work provided in accordance with this Agreement has been established under the terms of RCw 39.34.130. The parties have estimated that the cost of accomplishing the work herein will not exceed $0.00 in accordance with Exhibit A, attached hereto and incorporated herein' Compensation incudes but is not limited to all taxes, fees, surcharges, etc' Payment will not exceed this amount without a prior written amendment. DOH will authorize payment only upon satisfactory completion and acceptan.. of d"liu".ables and for allowable costs as outlined in the statement of work and/or budget' DOH Contract CLH32635-0 July 2025 Page I of9 INVOICES AND PAYMENT: LHJ will submit invoices to the DoH contract Manager for all amounts to be paid within 30 days of the month of service, orthe submission date of deliverables with an associated cost, as specified in the Statement of Work (SO!V). Refer to the SOW, Exhibit A, for invoice due dates on any budget/funOing p..ioO1ri ift"t..O during the contract period of performance' DOH must receive correct and complete F1NAL inuoi"", no later thin 45 days after the contract expiration date' Invoices must reference the contract number and provide detailed information as required. All invoices must be approved by DoH prior to puyrn"nt; upprouul will not be unreasonably withheid' DoH will authorize payment only upon satisfactory completion and acceptance of deliverabies and for allowable costs as outlined in the statement of work ano/ir budget. DoH will retum all incorrect or incomplete invoic_es and will not pay for services that occur outside thi period of performance. The LHJ will not invoice for services if they are entitled to payment, have been, or will be paid, by any other source for that service' DOH will issue payment within 30 days of receiving a correct and complete invoice and approving the deliverable(s). Late i*i"", will be puia ut the discretion of DoH and are contingent upon the availability of funds. Failure to submit a properly completed IRS form w-9 may result in delayed payments' AGREEMENT ALTERATIONS AND AMENDMENTS: This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by pirsonnel authorized to bind each ofthe parties' 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 pai, without the express prior written consent of the other party, whichlonsent shall not be unreasonably withheld' CONFIDENTIALITY/SAFEGUARDING OF INFORMATION: The use or disclosure by any party of any information conceming a client obtained in providing service-under this Agreement shall be sub-iect to Chapter 42.56 RCW and dhapter 70.02 RCW, as well ai any other applicable Federal and State statutes and regulations. Any unauthorized access or use of confidential information must be reported to the.DoH Chief Information Security Officer at securiry@doh.wa.gov. The notification must be made in the most expedient time possible (usually *itt in on!T*i*r, Jay) 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. CONTRACT MANAGEMENT: The contract manager for each of the parties shall be responsible for and shall be the contact person for all communications and-billings regarding the performance of this agreement' The Contract Manager for DOH is:The Contract Manager for the LHJ is: Name Justina Novak Name:Kate Johnson Office Disease Control and Health Statistics Email:kate.i ohnson(Dco .kittitas.wa.us Agency: Address: City, State, zip: Phone: Department of Health Kittitas County Public Health PO Box 4'7837 507 N. N anum Street, Suite 102 wA 98504-7837 Ellensburs. WA 98926 -2886 (260)236-372s DOH Contract CLH3263 5 -0 July 2025 Agency: Address: City, State, zip: Phone:s09-962-7634 Page 2 of9 DISPUTES: In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this agreement shall appoint one member to the Dispute Board. The members so appointed shalijointly appoint an additional member to the Dispute Board' The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. As an aliemative to this process, either of the parties may request intervention by the borr.rnor, as provided by RCW 43.1'7 336,in which event the Governor's process will control' GOVERNANCE: This Agreement is entered into pursuant to and under the authority granted by the laws of the State of Washingto"n und any applicable federal 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. Federal statutes and regulations B. State statutes and regulations C. Agreement amendments D. The Agreement (in this order) 1. erimary document (document that includes the signature page) 2. Statement of Work (Exhibit A) INDEPENDENT CAPACITY: The employees or agents of each party who are engaged in the performance of this Agreement shall continu. to b" "*ploy".t or agents of that party and shall not be considered for any purpose to be employees or agents ofthe other party. NONDISCRIMINATION: A. Nondiscrimination Requirement. During the term of this contract, LHJ, including any -.b.*t*"1"., ,hull *t discriminate on the bases enumerated at RCW49'60'530(3)' In addition, Contractor, including any subcontractor, shall give wriften notice of this nondiscrimination requirement to any labor organizations with which LHJ, or subcontractor' has a collective bargaining or other agreement' A. Oblisation to cooperate. LHJ, including any subcontractor, shall cooperate and comply with "rV W^fri"gton ,iat" ug.ncy investigation regarding any allegation that LHJ, including any suLcontractor, has eng-ag"d in diritimination prohibited by this Contract pursuant to RCW49.60.s30(3). B. Default. Notwithstanding any provision to the contrary, DOH may suspend LHJ, including any subcontractor, upon notice oi a failure to participate and cooperate with any state agency investigation inio alleged discrimination prohibited by this Contract' pursuant to RCW49.60.530(3). Any iuch suspension will rimain in place until DOH receives notification that LHJ, including any subcontractor, is cooperating with the investigating state agency' [n the event LHJ, or s"ubcontractor, is determined to have engaged in discrimination identified at RCW49.60.530(3), DOH may terminate this Contract in whole or in part, and LHJ' subcontractor, or both, may be ieferred for debarment as provided in RCW 39 '26'200 ' The LHJ or subcontractor may be giuen a reasonable time in which to cure this noncompliance, including implementing conditioni consistent with any court-ordered injunctive relief or settlement agreement. C. Remedies for Breach. Notwithstanding any provision to the, c-ontrary, in the event of Contract termination o, 5u.p.*ion for engagin[ in iiscrimination, LHJ, subcontractor, or both, shall be DOH Contract CLH3263 5 -0 July 2025 Page 3 of9 liable fbr contract damages as authorized by law including, but not limited to' any cost difference between the iriginal contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, which damages are distinct fiom any p.""fti* imposed under Chapter49.60, RCW' DOH shall havethe rightto deduct from any monies due io LHJ or subcontractor, or that thereafter become due' an amount for damages LHJ or subcontractor will owe DoH for default under this provision thereafter become Oue un amount for damages LHJ or subcontractor will owe DoH for default under this provision. pRIVACY: Personal information collected, used or acquired in connection with this Agreement shall be used solely for the purposes of this Agreement. LHJ and its subcontractors agree not to release' divulge' publish, transfer, sell oi otherwise malie known to unauthorized persons personal information without the express written consent of the agency or as provided by law' LHj agrees io implement physical' electronic und *unug".ial safeguards to prlvent unauthorized access to personal information' DOH reserves the right to monitor, audit or investigate the use of.personal information collected' used or acquired by the LHJ through this Agreement. ihe monitoring, audiiing, or investigatingmay include but is not limited to ,'salting,, Uy 6ou. LHJ shall certify the return or destruction of all personal information upon expiration of this Agreement. Salting is the act otptacing a record containing unique but false information in a database that can be used later to identify inapproprLte disclosure ofdata contained in the database' Any breach of this provision may result in termination of the Agreement and the demand for retum of all personal information. The LHJ ug..", to indemnify and hold harmless DOH for any damages related to the LHJ's unauthorized use of personal information' RECORDS MAINTENANCE: The parties to this Agreement shall each maintain books', records' documents and other evidence which suificientty and ptop""rty reflect all direct and indirect costs expended by either party in the performance of the-se*i".t d"t"tibed herein' These records shall be subject to inspection, review o,. uuJit uy 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 years after expirati.on and the office of the State Auditor, f-ederal auditors, and any persons duly authori zedby the parties shall have full access una ,n" right to examine any of these materials during this period' Records and other documents, in any medium, furnished by one party to this Agreementlo the other party, will remain the property of the furnishing party, unless ltherwise agreed' The receiving party will not disclose or make available this materiat to unyiitird parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond' Each party will utilize reasonable security procedures and protections to urrurL- that records and documents provided by the other party are not erroneously disclosed to third parties' RIGHTS IN DATA: Unless otherwise provided, data, which originates from this Agreement shall be ,,works for hire', as defined by the U.S. Copyrigni ect of 1976 and shall be owned by DOH' Data shall include, but not be limited to, reports, docurn"ni,, pamphlets, advertisements' books magazines' surveys' studies, computer programs, films, tapes, and/or iouni ,"ptoductions' Ownership includes the right to copytigftt, patent, rlgister, and the ability to transfer these rights' SECLRITY OF INFORMATION - Unless otherwise specifically authorized by the DOH Chief lnformation Security Officer, LHJ receiving confidential information under this contract assures that: . Encryption is selected and applied using industry, standard algorithms validated by the National Institute of Standards ana re"f,notogy -6wsr; Cryptographic Algorithm validation DOH Contract CLH32635-0 July 2025 Page 4 of 9 a Program against all information stored locallY and off-site. Information must be encrypted both in-transit and at rest and apPlied in such a way that it renders data unusable to anyone but authorized Personnel,and the confidential Process'encryption keY or other means to decipher the information is protected from unauthorized access It is compliant with the aPPl icable provisions of the Washington State Office of Washington Technology Solutions (WaTech) policy SEC-01 through SEC-13,Securing Information atrTechnology Assets, available at: ilssets. r It will provide DOH copies of its IT security policies, practices and procedures upon the ,.qu"ri of the DOH Chief Information Security Officer' . DOH may atany time conduct an audit of the LHJ's security practices and/or infrastructure to assure compliance with the security requirements of this contract. . It has implemented physical, electronic and administrative safeguards that are consistent with WaTech security standard SEC-01 through SEC-13 and ISB-IT guidelines to-prevent unauthorized u"L"rr, use, modification oidisclosure of DOH Confidentiallnformation in any form. This includes, but is not limited to, restricting access to specifically authorized individuals and services through the use of: o Documented access authorization and change control procedures; o Card key systems that restrict, monitor and log access; o Locked ruik, fo, the storage of servers that contain Confidential Information or use AES encryption (key lengths of 256 bits or greater) to protect confidentialdata at ."rt, .tuniurd algoriihms validated by the National Institute of Standards and Technology(NIST)CryptographicAlgorithmValidationProgram(CMVP); o Documefied'patch munug"rn"nt practices that assure all network systems are running "riticairl"urity updates,iitnin 6 days of release when the exploit is in the wild, and within 30 days of release for all others; o Documented anti-virus strategies that assure all systems are running the most current anti-virus signatures within 1 day of release; o Complex puiswords that are sysiematically enforced and password expiration not to exceed l2b days, dependent user authentiiation types as defined in WaTech security standards; o Strong multi-factor authentication mechanisms that assure the identity of individuals who access Conhdential Information; o Account lock-out after 5 failed authentication attempts for a minimum of 15 minutes, orforConfidentiallnformation,untiladministratorreset; oAESencryption(usingkeytengthsl28bitsorgreater)sessionforalldata transmissions, standard algorithms validated by MST CMVP; o Firewall rules and network address translation that isolate database servers from web servers and Public networks; o Regular."ui.* of firewall rules and configurations to assure compliance with authorization and change control procedures; oLogmanagementandintrusiondetectiorr/preventionSystems; o A documented and tested incident response plan Any breach of this clause may result in termination of the contract and the demand for return of all personal information. DOH Contract CLH3263 5 -0 July 2025 rI Page 5 of9 SEVERABILITY: If any provision of this Agreement or any-provision of any document incorporated by reference shall be held invalid, such invaliditylfratt not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remaindei 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' SUBCONTRACTING: Neither the LHJ, nor any subcontractors, shall enter into subcontracts for any of the work contemplated under this agreement without prior written approval of DoH' tn no event shall the existence of the sub operate to release or reduce tha liability of th-e LHJ to DOH for any breach in the performance of the LLiJ's duties. This clause does not include contracts of employment between the LHJ ind personnel assigned to work under this Agreement' Additionally, the LHJ is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this Agreement are canied forward to any subcontracts. LHJ and its subcontractors agree not to release, divulge, publish, transfer, sell or otheiwise make known to unauthorized persons personal information *itfrout the express written consent of DOH or as provided by law' lf, at anytime during the progress of the work, DoH determines in its sole judgment that any subcontractor is incompetent, DoH snait n-otitr, the Contractor, and the LHJ shall take immediate steps to terminale the subcontractor's involvement in the work. The rejection or appro-val by DOH 9f .uny subcontractor or the termination of a subcontractor shall not relieve tlie LHJ of any of its responsibilities under the Agreement, nor be the basis for additional charges to DOH' SUSPENSIONOFPERFORMANCEANDRESUMPTIONOFPERFORMANCE:INthcCVCNI contract funding from State, Federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of tni, egr."*eni and prior to normal completion, DOH may give notice to LHJ to suspend performance as an alternative to termination. DOH may elect to give written notice to LHJ to suspend performance when DoH determines that there is a reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow performance to be resumed prior to the end date of this Agreement. Notice may include notice by facsimile or email to Contractor's representative' LHJ shall suspend performance on the date stated inihe written notice to suspend' During the period of suspension of performance each party may inform the other of any conditions that may reasonably affect the potential for resumption of performance' When DoH determines that the funding insufficiency is resolved, DoH may give LHJ written notice to resume performance and a proposed date to resume performance' Upon receipt of written notice to resume performance, LHJ will give written notice to DOH as to whether it ian resume performance' and' if so' the date upon which it agies to resume performance. If LHJ gives notice to DOH that it cannot resume performance, the parties agree that the Agreement will be tJrminated retroactive to the original date of termination. If the date LIiJ gives notice ii can resume performance is not acceptable to DOH' the parties agree to discuss an alternativJacceptable date. If an alternative date is not acceptable to DoH, the parties agree that the Agreement will be terminated retroactive to the original date of termination' TERMINATION: Either party may terminate this Agreement upon 30 days prior written notification to the other party. If this Agreement is so terminated, the iarties shali be liable only for performance rendered or costs incurred in accordance with the terms orirris Agreement prior to the effective date of termination' 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 vlolates any of these terms and conditions' the aggrieved party will give the other party written notice of such failure or violation' The responsible party will be given the op-portunity to conect the violation or failure within l5 working days' If the failure DOH Contract CLH32635-0 July 2025 Page 6 of9 or violation is not conected, 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 subsequ"nt "*.r"ir" oi such'rights and shall iot constitute a waiver of any other rights under this Agreement unress statJlo be suchln a witinfsignedby an authorized representative of the parry and attached to the original Agreement' ALL WRTTTNGS CONTAINED HEREIN: This Agreement contains all the terms and conditions agreed upon by the parties. No other understandingt, "*io, otherwise, regarding the subject matter of this agr..ni.nt stratt Ue deemed to exist or to bind any of the parties hereto' INWITNESSWHEREOF,thepartieshaveexecutedthisAgreement. This contract has been approved as to form bY the attorneY general. DATE Jul 7 ,2026 LHJ SIGNATURE ',.;,1"a3,4"- TITLE Public Health Director PzuNT OR TYPE N AME DATE Ju\7,2026 DOH CONTRACTING OFFICER SIGNATURE 6ratt tla{steao{ DOH Contract CLH3263 5 -0 J:uJy 2025 Page 7 of9 EXHIBIT A STATEMENT OF WORK Washington State TB Program Kittitas CountY Public Health DOH Contract Number CLH32635-0 PERIOD OF AGREEMENT: This agreement will commence on January 1,2026, and-will be effective until December 31, 2029, or until the Farties give each other written notice to terminate the agreement' This medication program is ongoing. After the initial three-year period of performance, this agreement will be on a five-yea...ui.*/ren"*A .yi" bui updated/amended as needed based on DOH and/or Health Resources and Services Administration office of phurrnucy Affairs (HRSA) 3408 changing requirements. PURPOSE AND SCOPE: The intent of this agreement is to: . define responsibilities of Parties participating in the HRSA 3408 Pricing Program under the DOH TB Program entitY. . ensure appropriate use of state taxpayer funds used to acquire tuberculosis (TB) medications' o maintain compliance with HRSA requirements for the 3408 Pricing Program entities and those participating under DOH TB Program entity as part of grantee combined purchasing and distribution model for TB medications. . support compliance with HRSA 3408 requirements of covered entities' The scope of this agreement covers TB medications used to treat active TB disease in patients who are under- or uninsured or who lack prescription coverage and are not covered by Medicaid or Apple Health' HRSA entities, including LHJs, are expected to be the payer of last resort." o Case-by-case exceptions may be made for Latent TB Infection (LTBI) patients who are likely to progress to TB disease or as announced by DOH' Being the payer oflast resort, public health agencies (local, state, or federal) should use their funding only after all reisonable payment sources have been exhausted' DOH TB PROGRAM RESPONSIBILITIES: . provide without charge TB medications as listed on their current formulary to Local Health Jurisdictions (LHJs). The formulary is posted on SharePoint. o DOH will cover the cost of the medication, shipping, and pharmacy' I Annually provide information (example: CDC Notice of Award Number) needed for the LHJ to recertifywithHRSAasafederalgranteeentityinthe3408program. LOCAL HEALTH RESPONSIBILITIES: LOCAI HCAIth JUTiSdiCtiONS WiII: Maintain auditable records for the duration identified by required applicable records retention schedules*. These records to include but not limited to are: a separate medication inventory tracking system with records tied to patients receiving the a o medication. DOH Contract CLH3263 5 -0 Iuly 2025 Page 8 of9 STATEMENT OF WORK Washington State TB Program Kittitas CountY Public Health DOH Contract Number CLH32635-0 EXHIBIT A a o a medication log, tracking medication from order to patient receipt, disposal or return' (* for example: LHJ recordl retention schedule: public-health-records-retention-schedule'PDF See section 6) Store medications purchased using the 3408 discount separately from non-340B Program purchased TB medications, conduct regular annual intemal audits of inventory and patient-records to maintain HRSA standards aid compliance regarding diversion and patient eligibility. Participate in audits by DoH or HRSA of TB-related 3408 practices and provide access to records demonstrating compliance with HRSA 3408 regulations' a a . Notify DoH TB program of any medication loss or expiration including any breach of 3408 regulations according to DOH guidance' . Notify DoH TB program of changes regarding the LHJ's prescribing provider within l0 business daYs. o The prescribing provider must be either employed by or under contract with the LHJ' with documentation required to be readily accessible' . During HRSA annual 3408 registration, LHJ will complete annual recertification as a TB Grantee Entity in the HRSA online 3408 entity database' . Ensure HRSA entity roles of Authorizing Official and Primary Contact are current and accurate in the HRSA/OPA 3408 online entitv daltabase and that these individuals meet the HRSA requirements to fulfill these positions' r Ensure timely updates to any other information in the 3408 database, such as LHJ physical address or LHJ's name. r Ensure that no 3408 TB medications are given to patients Disburse 34 with Medicaid or Apple Health. o LHJs may use alternate TB medications provided by DoH such as those purchased using the MMCAP aiscount program or former CDC National Stockpile TB medications' rEnsurethatMedicaidisnotbilledforany3408TBmedications' DOH TB Program contact: JustinaNovak, justina.novak@doh'wa'gov or 360-810-0211' Signature: Email: dohcon.mgmt@doh.wa.gov DOH Contract CLH32635-0 July 2025 Page 9 of9