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Home My WebLink AboutCONSENT ILA re Health Officer coverage 615 Sheridan Street Port Townsend, WA 98368 (*etson www.JeffersonCountyPublicHealth.org Public HeeZA Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh D. Peters, County Administrator FROM: Apple Martine, Public Health Director Veronica Shaw, Public Health Deputy Director DATE: 4yr) I (O, 2 GZ-(- SUBJECT: Interlocal Agreement for Acting ("Deputy") Health Officer Coverage Between Clallam, Jefferson, and Thurston County Health Departments and Kitsap Public Health District; Effective upon authorization by the BOCC and ongoing; $0.00. STATEMENT OF ISSUE: Jefferson County Public Health, Administrative Division, requests Board approval of the Interlocal Agreement (ILA) that pertains to Local Health Officers (LHOs) for four WA jurisdictions who may be temporarily absent, incapacitated, or otherwise unable to fulfill duties. This pertains to temporary coverage that is needed to ensure continuity of public health functions during those periods. The agreement creates a mechanism for LHOs from one jurisdiction to serve temporarily as the acting LHO (Deputy Health Officer (DHO)) for another jurisdiction, with defined authority, limits, and notification requirements. ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: This ILA seeks to ensure uninterrupted public health leadership and decision-making during short-term LHO absences. It provides a lawful and standardized process (per RCW 70.05.080 and RCW 39.34.080) for appointing DHOs across jurisdictions. It clarifies duties, powers, supervisory control, and termination conditions for the DHOs so they can act with appropriate authority while protecting public health. The ILA limits routine coverage duration (generally _<2 weeks) and requires separate agreements for longer or unusually burdensome coverage. It preserves DHO discretion to decline or revoke coverage in situations that would exceed minimal expected commitments (e.g., emergencies) unless additional terms/compensation are agreed. Finally, the ILA requires timely notification to respective jurisdictions and formal appointment by the local board of health to validate acting-LHO status. Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 (f) 360-379-4487 360-385-9401 (f) Always working for a safer and healthier community AD-26-009 RECOMMENDATION: JCPH management requests approval of the Interlocal Agreement for Acting ("Deputy") Health Officer Coverage Between Clallam, Jefferson, and Thurston County Health Departments and Kitsap Public Health District; Effective upon authorization by the BOCC and ongoing; $0.00. REVIEWED BY: Oh° W,Ste.A0 Josh i. Peters, County Administrator Date Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 (f) 360-379-4487 Always working for a safer and healthier community CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Clallam, Kitsap&Thurston Counties Contract No: AD-26-009 Contract For: Health Officer Coverage Term: Upon execution -until terminated COUNTY DEPARTMENT: Jefferson County Public Health Contact Person: Apple Martine Contact Phone: X 443 Contact email: amartine@co.jefferson.wa.us AMOUNT: -0- PROCESS: Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s) of Matching Funds — Vendor List Bid Fund # RFP or RFQ Munis Org/Obj Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMP CE I 3. .i100 AND CHAPTER 42.23 RCW. CERTIFIED: [ N/A: / March 17, 2026 Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT B 4 EN DEBA D Y ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: N/A: pi] March 17,2026 Signature Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 3/18/2026. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 3/18/2026. signed by JBL on 3/18/26 STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL KPHD 2448 INTERLOCAL AGREEMENT FOR ACTING ("DEPUTY") HEALTH OFFICER COVERAGE BETWEEN CLALLAM,JEFFERSON and THURSTON PUBLIC HEALTH DEPARTMENTS AND KITSAP PUBLIC HEALTH DISTRICT This Agreement is made by and between Clallam County,Jefferson County,Thurston County, political subdivisions of the State of Washington, and Kitsap Public Health District ("District") pursuant to RCW 39.34.080. The parties are hereinafter referred to as Local Health Jurisdictions ("LHJs") or Local Health Jurisdiction ("LHJ"). WHEREAS, each LHJ has appointed a local health officer("LHO")to serve the LHJ. WHEREAS,there may be temporary periods of time when an LHO for any of the four LHJs may be absent, incapacitated,and/or unable to fulfill the responsibilities of the LHO, and it is imperative or desirable that some or all of the responsibilities of the LHO be fulfilled for the LHJ during these periods; and WHEREAS, in their sole discretion and per applicable guidelines and processes, the LHJs may agree to use the services of another LHJ's LHO to serve as acting LHO ("Deputy Health Officer" or"DHO")to fulfill the responsibilities of the LHO during a period of absence or incapacity. NOW,THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Appointment of LHOs. a. Authorization of LHO to provide coverage. The undersigned LHJs hereby authorize and agree that their LHOs may provide coverage for and may, on a temporary basis,fulfill the duties of any other LHOs on behalf of any party to this Agreement as specifically authorized by RCW 70.05.080 and as set forth herein. An LHJ receiving DHO coverage under this Agreement shall be referred to as the "Recipient LHJ." An LHJ providing DHO coverage under this Agreement shall be referred to as the "Providing LHJ." b. Appointment of LHO from other LHJ. By executing this Agreement, each signatory represents and warrants that they have authority to appoint an acting LHO as set forth in RCW 70.05.080. Through this agreement, each signatory is hereby authorizing the temporary appointment of LHOs from other LHJs to serve as DHO as stated herein. c. When an LHO determines that coverage is or may become necessary due to a period of brief absence, incapacity, and/or an inability to fulfill his or her responsibilities,the LHO may contact the LHO of any other LHJ to request coverage. d. An LHO may agree, but shall not be required to agree,to provide such coverage and act as DHO for another LHJ during the period of absence, incapacity, or inability to fulfill responsibilities. e. Both the LHO providing coverage ("DHO")and the LHO requesting coverage,shall notify their respective LHJs as soon as possible of the coverage arrangement. f. The local board of health or official responsible for appointing an acting health officer pursuant to RCW 70.05.080 must ensure that an appointment of the DHO to serve as acting LHO is in effect. One appointment may apply to multiple requests. g. The duration of a single request for coverage shall not exceed two weeks. If the Recipient LHJ needs coverage for a period of time that is greater than two weeks,the Recipient LHJ may enter into a separate agreement with a Providing LHJ. 1 JeffCo:AD-26-009 KPHD 2448 h. Each LHO providing coverage or acting as DHO for a Recipient LHJ under this Agreement shall have the same duties, powers, and authority as a regularly appointed LHO while serving as acting health officer and will exercise such duties, powers, and authority in accordance with applicable law and under the direction of the local board of health. Furthermore,the LHO providing coverage for a Recipient LHJ under this Agreement shall be under the supervision and control of the Recipient LHJ with respect to tasks, duties, actions, or omissions undertaken for that Recipient LHJ. i. Notwithstanding anything to the contrary herein,the DHO shall have the discretion to decline to take any action that the DHO is requested or directed to take, including, but not limited to, actions that, in the DHO's judgment, can be delayed until the return of the incumbent LHO without jeopardizing the public health or do not protect or promote the public health. j. The LHJs anticipate that the amount of time expected for coverage will be minimal. Unless otherwise agreed,the Providing LHJ will be responsible for compensating the DHO who is providing coverage. If the DHO determines that the requested coverage is more than minimal (i.e. public health emergency, measles outbreak, etc.),they may revoke consent to provide coverage unless the parties reach agreement as to additional compensation and/or other terms of coverage. k. The DHO's authority to serve as acting health officer will terminate upon the occurrence of any of the following events: (1)this Agreement expires or is terminated, (2)the DHO's appointment by the local board of health or official responsible for appointing the LHO expires or is terminated, (3) the incumbent LHO is no longer absent or incapacitated and is able to fulfill their responsibilities, (5) when the DHO revokes their consent,or(7) the specified duration of coverage expires. 2. Indemnification/Hold Harmless.The Recipient LHJ agrees to be responsible for the actions and omissions of any LHO providing DHO coverage, or any other services,to the Recipient LHJ under this Agreement.The Recipient [Hi will hold harmless, defend and indemnify any Providing LHJ, their elected and appointed officials, officers, employees and agents against all claims, losses, damages, suites and expenses,to the extent they arise out of, or result from, (1) an LHO's provision of coverage under this Agreement, and/or(2)the negligence or willful misconduct of the Recipient LHJ or its elected or appointed officials, officers, employees, and agents in performance of this Agreement. Each LHJ's duty to defend and indemnify extends to claims by the elected or appointed officials, officers, employees or agents of the indemnitor or of any contractor or subcontractor of indemnitor. Each LHJ waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington solely for the purposes of this provision and acknowledges that this waiver was mutually negotiated.This provision will survive the expiration or termination of this Contract. 3. Insurance. The Recipient LH1 will cover and be fully responsible for any industrial insurance accident or injury involving the DHO during the time the DHO is providing coverage pursuant to this Agreement. In addition, the Recipient [Hi must provide liability insurance coverage for the DHO that is equivalent to the coverage provided for the LHO. Proof of liability insurance shall be provided to the Providing [Hi in the form of a certificate of insurance. Each Party will name and maintain the other Parties as additional insureds on their insurance policies. In the alternative, either party to this agreement may fulfill the insurance obligations contained herein by maintaining membership in and coverage provided by a self-insurance or insurance pooling 2 KPHD 2448 program pursuant to Chapter 48.62 RCW. In this regard,the parties understand that the party to this agreement who is a member of such program is not able to name the other party as an "additional insured" under its coverage provided by the self-insurance program 4. Term.The term of this Agreement shall commence on 1/1/2026 and shall remain in effect for three calendar years, unless terminated earlier per the terms of this Agreement. The parties may extend the term of this Agreement by written mutual agreement. 5. Termination.Any Party may withdraw from the agreement at their sole discretion. Withdrawal shall be effective as provided in written notice from the withdrawing Party,though no earlier than upon receipt of written notice by mail or email, or within three days of the mailing of the notice, whichever occurs first. 6. Extent of Agreement/Modification.This Agreement,together with any attachments or addenda, represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, or agreements, either written or oral.This Agreement may be amended, modified, or added to only by written instrument properly signed by all parties. 7. Notices. Notices to the LHJ shall be sent to: The following mailing address: Yolanda Fong, Administrator Kitsap Public Health District 345 6`h Street, Suite 300 Bremerton, WA 98337 Or the following email address: KPHD.Administrator@kitsappublichealth.org The following mailing address: Kevin LoPiccolo, Director Clallam County Health & Human Services 111 E 3rd Street Port Angeles, WA 98362 Or the following email address: kevin.lopiccolo@clallamcountywa.gov The following mailing address: Apple Martine, Director Jefferson County Public Health 615 Sheridan Street Port Townsend, WA 98368 Or the following email address:ggilbert@co.jefferson.wa.us 3 KPHD 2448 The following mailing address: Jennifer Freiheit, Director Thurston County Public Health & Social Services 412 Lilly Rd NE Olympia, WA 98506 Or the following email address:Jennifer.freiheit@co.thurston.wa.us Receipt of any notice shall be deemed effective upon actual receipt or three (3) days after deposit of written notice in the U.S. mail with proper postage and address,whichever occurs first. 8. Property and Equipment. Upon termination or non-renewal of this agreement, all property purchased by each LHJ in furtherance of this agreement shall remain the property of the purchasing LHJ. All property shall be returned to its owner upon termination or non-renewal of this Agreement. 9. Filing. Each LHJ shall be responsible for complying with the requirements of RCW 39.34.040 with respect to this agreement. 10. Authority to Bind Parties and Enter Into Agreement.The undersigned represent that they have full authority to enter into this Agreement and to bind the parties for and on behalf of the legal entities set forth below. (SIGNATURES FOLLOW ON THE NEXT PAGE) 4 KPHD 2448 SIGNATURE PAGE Kitsap Public Health District Jefferson County Washington Board of County Commissioners By: By: Christine Rolfes, Board Chair Greg Brotherton,Chair Date: Approved as to form only: 03/18/2026 Clallam County Health&Human Services Date By: Jeremiah B. Luther Kevin LoPiccolo, Director Deputy Prosecuting Attorney Thurston County Public Health &Social Date: Services By: Jennifer Freiheit, Director Date: 5