HomeMy WebLinkAboutFully Executed InterlocalBOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION
No. 2026- t ?8
RESOLUTION TO AUTHORIZE EXECUTION OF AN INTERLOCAL AGRE,EMENT
BETWEEN KITTITAS COUNTY 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' providing food worker training, testing and card issuance services aligns with
obligations of KCPHD; and
WHEREAS' the Tacoma-Pierce County Public Health Department has the skill-set, programs,
and capacity to provide food service handler cards as detailed in the Agreement
that is attached hereto and hereby incorporated 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 Tacoma-Pierce
County Health Department.
DATED this 4t\day of 2026, at Ellensburg, Washington.
BOARD OF CO CO ONERS
C GTON
c0l
7
SIAL
\N
the
Commissioner
Ag reeme nt # 1 061 -42-2031
AGREEMENT
BETWEEN
TACOMA-PIERGE COUNTY HEALTH DEPARTMENT
AND
KITTITAS COUNTY PUBLIC HEALTH DEPARTMENT
This Agreement is made and entered into by and b9ryeT theJacoma-Pierce Gounty Health Department,
hErCiNAftEr rcfErrEd tO AS DEPARTMENT, ANd KITTITAS COUNTY PUBLIC HEALTH DEPARTMENT
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, iO.oA, o|. 70.46 RCW with authori$ under Chapter 246-217 WAC to issue food worker
cards; and
wHEREAS, it is the purpose of this 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'
II. DEFINITIONS
As used herein, the following terms shall have the meanings set forth below:
A. Agreement means this Agreement together with the attached Addenda, and any other documents
incorporated therein. Any Jral represen-iations or understandings not incorporated herein are excluded'
Attached hereto and made a part hereof for all purposes are the following:
Addendum of Pages Description
A
B
2
1
Scope of Work
Allocation of Fees
B.
c
D
Department Representafiye 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.
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.
Seryices means all work performed by the DEPARTMENT or the Local Health Jurisdiction pursuant
to and governed by this Agreement, including Addenda A and B'
III. TERM
The term of this Agreement shall be. January 1,2027 through December 31,2031, unless amended or terminated
earlier pursuant to the terms and conditioni herein. Snould 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.
Ag reement #1 061 -42-203 1
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 negligeni or intentional act or omission asserted or arising or alleged to have arisen directly or indirectly
out of oi in ionsequence of the performance of this Agreement by that party's appointed or elected officials,
employees, and agents.
VI. RECORDS MAINTENANCi
The DEPARTMENT and the Local Health Jurisdiction shall each maintain books, records, documents, and
other matqrials, 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 copyingj inspection, ieview, or audit by personnel of either party, and other personnel duly authorized
by l-aw. The DEPARTMENT shall retain all books, records, documents, online data, and other material relevant
to tne 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 eiEjnty 1t 80) days written notice. lf 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
tf 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
DEPARiMENT'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 provided 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 Xl.
IX. INTERPRETATION
ln 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 Federaland State Statutes and Regulations;
. Addenda A and B; and
. The provisions of this Agreement.
X. PERFORMANGE: OWNERSHIP OF WORK
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.
The DEPARTMENT owns all right, title, and interest in any materials or data, including but not limited to food
worker card software, produced br created by the DEPARTMENT in the performance of its responsibilities under
this Agreement.
2
Ag reement #1 061 -42-2031
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.
XII. NON-DISCRIMINATION
Each party covenants that in providing the Services and othenruise performing under this Agreement, 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 race, creed, color, national origin, families with children, sex,
marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any
sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a
disability.
xilr. ptsPUTEs
This Agreement shall be administered and interpreted under the laws of the State of Washington. ln 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 /her designee for resolution. ln 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 Agreement contains allthe 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.
lN WITNESS THEREOF the parties hereto have executed this Agreement as of the date(s) set forth below.
Local Health Jurisdiction Authorized Signature DEPARTMENT Authorized Signature
J'au7*"6*0810712026 08t0712026
Chelsey Loeffers
Director
Kittitas County Public Health Department
507 N Nanum #102
Ellensburg, WA 98926
(509) 962-7515
Date Chantell Harmon Reed
Director of Public Health
Date
Tacoma-Pierce County Health Department
3629 South D Street, MS 001
Tacoma, WA 98418
(253) 64e-1 500
3
Ag reement #1 061 -42-2031
ADDENDUM A: SCOPE OF WORK AND SPECIFIC CONDITIONS
This Addendum A applies to Agreement #1061-42-2031 between the TACOMA-PIERCE COUNTY HEALTH
DEPARTMENT (DEPARTMENT) and KITTITAS COUNTY PUBLIC HEALTH DEPARTMENT (Local Health
Jurisdiction). ln addition to the terms and conditions set forth in the Agreement, the parties agree as follows.
1. Local Health Jurisdiction's Responsibilities:
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 Countylnd any out-of-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 Kittitas
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 Kittitas 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 online 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.
4
Ag reement #1 061 -42-203 1
3. Public Records Requests.
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 tie 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. ln the event the
OepnnfnngNT 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. Liaisons for the Aqreement:
On behalf of the DEPARTMENT:Donald Foreman, REHS
Project Manager
Tacoma-Pierce County Health Department
3629 S D Street
Tacoma, WA 98418
Phone: (253)649-1707
Fax: (253) 649-1 360
Email : dforeman@tpchd. orq
On behalf of the Local Health Jurisdiction
Candi Blackford
Chief Administrator
Kittitas Coun$ Public Health Department
507 N Nanum Street, Suite 102
Ellensburg, WA 98926
Phone: (509) 962-7515
Fax (509) 962-7581
Email : candi. blackford@co. kittitas.wa. us
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY
5
Ag reement #1 061 -42-203 1
ADDENDUM B: ALLOCATION OF FOOD WORKER GARD FEES
This Addendum B applies to Agreement #1061-42-2031 between the TACOMA'PIERCE COUNTY HEALTH
DEpARTMENT (DEFARTMENi) and KtTTtTAs couNTY PUBLIG HEALTH DEPARTMENT (Local Health
Jurisdiction). ln addition to the ierms and conditions set forth in the Agreement and Addendum A, the parties
agree as follows:
1. Fee Allocation and Method of Pavment:
1 .
,l . During the period January 1 ,2027 through December 31 , 2031, the DEPARTMENT will collect on behalf
of thJlocal Health Jurisdiction the mlximum fee established under Chapter 246'217 WAC, as now
or hereafter amended.
1.2. The DEPARTMENT will retain a $3.50 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 Kittitas 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, tFe DEPARTMENT's web link, or any other approved link. The balance of the
monies collected underChapter246-217 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 (noi Uy the L6cat Health Jurisdiction), and shall not be included in the fee allocations and
methods of payment described elsewhere in this section.
1.4. lf the actual and indirect costs incurred by the DEPARTMENT to provide the services described in this
Agreement exceed $3.50 per card, the OEpIRfUgNT may, in its sole discretion, increase the amount
it ietains as payment for services to offset the difference and the amount remitted to the Local Health
Jurisdiction witt Oe reduced. Written notice of rate increases, if any, will be provided in writing ninety
(90) days in advance to the Local Health Jurisdiction.
1.5. TheDEPARTMENTwill retaina$l.00percardfeefortheservicesdescribedinthisAgreementfrom
each replacement food worker card issued online to a resident of Kittitas 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.foodworkercard.wa.gov testing website (or a successor site) by means of the Local Health
Jurisdiction's web link, t6e DEPARTMENT's web link, or any other approved link. The balance of the
monies coltected under Chapter 246-217 WAC shall be remitted to the Local Health Jurisdiction in
accordance with the terms set forth below.
1 .6. lf a food worker from a Local Health Jurisdiction challenges the validity 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 iosts 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
ag-ree, or a link to an online report providing the same information. Said funds will be deposited by ACH
payment 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.
6
Agreement #1 061 42-2031
2 Accountinolnformation:
3.1. Source of Funding: N/A
3.2. DEPARTMENT Program Number: 1061 - Online Food Card
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY
7
Created:
By
Status:
Transaction lD:
2026-08-07
Marquis Bradford (mbradford@lpchd.org)
Signed
cBJCHBCAABAArnhld4uKha-4/VuhXwEhrycS9OwOlUex
FinalAudit RePort 2026-08-07
"Kittitas 2027- 2031 FWC Agreement" History
fl Document created by Marquis Bradford (mbradford@tpchd'org)
2026-08-07 - 9:26:29 PM GMT
B Document emailed to Nathan Mosley (nmosley@tpchd'org) for approval
2026-08-07 - 9:28:06 PM GMT
fi Emailviewed by Nathan Mosley (nmosley@tpchd'org)
2026-08-07 - 9:36:09 PM GMT
ds Document approved by Nathan Mosley (nmosley@tpchd'org)
Approval Date: 2026-0&07 - 9:38:01 PM GMT - Time Source: server
El Document emai led to chelsey. loeffers@co. kittitas.ws. us for si gnature
2026-08-07 - 9:38:03 PM GMT
E6 Email sent to chelsey.loeffers@co.kittitas.ws.us bounced and could not be delivered
2026-08-07 - 9:38:17 PM GMT
8, Document emailed to Chelsey Loeffers (chelsey.loeffers@co.kittitas.wa'us) for signature
2026-08-07 - 9:40:50 PM GMT
fi Email viewed by Chelsey Loeffers (chelsey. loeffers@co. kittitas.wa. us)
2026-08-07 - 9:55:05 PM GMT
de Document e-signed by Chelsey Loeffers (chelsey.loeffers@co'kittitas.wa.us)
signature Date: 2026-08-07 - 9:55:41 PM GMT - Time source: server - signature Appearance Selected: IMAGE
B Document emailed to creed@tpchd.org for signature
2026-08-07 - 9:55:43 PM GMT
Kittitas 2027- 2031 FWC Agreement
@ nooue Acrobat sign
E Marquis Bradford (mbradford@tpchd.org) added alternate signer Chelsey Loeffers
(chelsey.loeffers@co.kittitas.wa-us). The original signer chelsey.loeffers@co.kittitas.ws.us can still sign
2026-08-07 - 9:40:50 PM GMT
Ea Email sent to chelsey.loeffers@co.kittitas.ws.us bounced and could not be delivered
2026-08-07 - 9:55:47 PM GMT
e Emailviewed bY creed@tPchd.org
2026-08-07 - 1O:15:54 PM GMT
6le Signer creed@tpchd.org entered name at signing as Chantell Harmon Reed
2026-08-07 - 10:16:32 PM GMT
46 Document e-signed by Chantell Harmon Reed (creed@tpchd'org)
signature Date: 2026-08-07 - '10:16:34 PM GMT - Time Source: server - signature Appearance selected: TYPE
O Agreement comPleted.
2026-08-07 - 10:'16:34 PM GMT
@ noou" Acrobat sign