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HomeMy WebLinkAboutTacoma-Pierce County Health Department - 010917Interlocal Agreement #1059-07-2021 �1 , ccINTERLOCAL AGREEMENT BETWEEN TACOMA -PIERCE COUNTY HEALTH DEPARTMENT And JEFFERSON 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 JEFFFERSON COUNTY PUBLIC HEALTH 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. II. 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. III. 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 #1059-07-2021 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 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 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. Interlocal Agreement #1059-07-2021 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 /her 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 this Agreement as of the date(s) set forth below. Local Health Jurisdiction Authorized Signature PrEPAR Kathleen Kier T� Frank Chair, Board of County Commissioners ivision Jefferson County Public Health 615 Sheridan Street Port Townsend, WA 98368 (360) 385-9400 Christopher Schuler Business Manager Signature /_16? -1 �, Date t / Tacoma -Pierce County Health Department 3629 South D Street, MS 001 Tacoma, WA 98418 (253) 798-2899 51-2o 17 Date Interlocal Agreement #1059-07-2021 ADDENDUM A: SCOPE OF WORK AND SPECIFIC CONDITIONS This Addendum A applies to Agreement #1059-07-2021 between The TACOMA -PIERCE COUNTY HEALTH DEPARTMENT (DEPARTMENT) and JEFFERSON COUNTY PUBLIC HEALTH (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 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 Jefferson County and any out-of-state residents who state they work in Jefferson 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 Jefferson County and any out-of-state residents who state they work in Jefferson County. 2.3. Provide Local Health Jurisdiction with the location of a website to which residents of Jefferson County and any out-of-state residents who state they work in Jefferson 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 Jefferson County and any out-of-state residents who state they work in Jefferson County. Interlocal Agreement #1059-07-2021 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 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. Liaisons for the Agreement: 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 EmailAforeman(a�tpchd.org On behalf of the Local Health Jurisdiction: (Y)I (hae I aatOsOn Director of Environmental Health and Water Quality Jefferson County Public Health 615 Sheridan Street Port Townsend, WA 98368 Phone: (360) 385-9411 Fax (360) 379-4487 Email: jkeefer(a)co.iefferson.wa.us Interlocal Agreement #1059-07-2021 ADDENDUM B: ALLOCATION OF FOOD WORKER CARD FEES This Addendum B applies to Agreement #1059-07-2021 between The TACOMA -PIERCE COUNTY HEALTH DEPARTMENT (DEPARTMENT) and JEFFERSON COUNTY PUBLIC HEALTH (Local Health Jurisdiction). In addition to the terms and conditions set forth in the Agreement and Addendum A, the parties agree as follows: 1. Fee Allocation and Method of Payment: 1.1. During the period January 1, 2017 through 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 Jefferson County and any out-of-state resident who states he or she works in Jefferson 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 Jefferson County and any out-of- state resident who has lost his or her original food worker card; provided, he or she works in Jefferson 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 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 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. Interlocal Agreement #1059-07-2021 2. Remittance Address: DEPARTMENT will remit payment to the address stated below: Jefferson County Public Health Attn: V. Shaw 615 Sheridan Street Port Townsend, WA 98368 Phone: (360) 385-9400 3. Accounting Information: 3.1. Source of Funding: N/A 3.2. DEPARTMENT Program Number: 1059 -Food Safety 615 Sheridan Street Port Townsend, WA 98368 �eehson www.JeffersonCountyPublicHealth.org Public He6alth Consent Agenda November 21, 2016 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Michael Dawson, Interim Environmental Health Director DATE: SUBJECT: Agenda Item — Interlocal Agreement with Tacoma -Pierce County Health Department for on-line food worker training, testing & card issuance; January 1, 2017 — December 31, 2021; $7.00 per card issued STATEMENT OF ISSUE: Jefferson County Public is requesting Board approval of the Interlocal Agreement with Tacoma -Pierce County Health Department for on-line food worker training, testing & card issuance; January 1, 2017 — December 31, 2021; $7.00 per card issued ANALYSIS/ STRATEGIC GOALS/PRO'S and CON'S: This is an on-going contract that allows for a cost effective and convenient option for Jefferson County residents, in the food industry, to receive the food worker training they need. We started contracting in 2011 with Tacoma -Pierce County Health Department (TPCHD). TPCHD purchased a food worker computer program and uses it to train, test and issue food worker cards online to Tacoma -Pierce County residents. They contract with several other counties to provide this online training to their residents. Contracting with TPCHD to provide online training enables Jefferson County residents, working in the food industry, the ability, and flexibility of obtaining needed food worker training and testing. This is also cost effective for JCPH by reducing the number of site classes by more than half and allowing the food inspector more time to spend on food establishment inspections. TPCHD provides and maintains the online training website and provides access to the software to print a food worker cards with the local health jurisdiction logo, valid throughout the State of Washington. FISCAL IMPACT/COST BENEFIT ANALYSIS: TPCHD will pay JCPH the proceeds, as set by the State of Washington ($10.00) less a $3.00 per card fee they collect from online food worker cards issued to Jefferson County residents. TPCHD will also pay JCPH the proceeds, as set by the State of Washington ($10.00) less a $1.00 per card fee for each replacement card issued online to a Jefferson County resident who lost their original food worker card. Community Health Environmental Health Developmental Disabilities Water Quality 360-385-9400 360-385-9444 360-385-9401 (f) Always working for a safer and healthier community (f) 360-379-4487 615 Sheridan Street Port Townsend, WA 98368 Mon, www.JeffersonCountyPublicHealth.org A Public Healt RECOMMENDATION: JCPH management requests approval of the Interlocal Agreement with Tacoma -Pierce County Health Department for on-line food worker training, testing & card issuance; January 1, 2017 — December 31, 2021; $7.00 per card issued orley, Co*Nf Administrator Date Community Health Developmental Disabilities 360-385-9400 360-385-9401 (f) Always working for a safer and healthier community Environmental Health Water Quality 360-385-9444 (f) 360-379-4487 Public Hea /� - Z -z-3 615 Sheridan Street Port Townsend, WA 98368 www.Jefferson�CountyPublicHeallth.org E I V EEVI.' EH -16-63 CONTRACT REVIEW FORM NOV 23 2016 CONTRACT WITH: Tacoma -Pierce County Health Department JEFFERSON OOUNTY CONTRACT FOR: On-line food worker training, testing, and TERM: January 1, 2017 — December 31, 2021 issuance of card COUNTY DEPARTMENT: Jefferson County Public Health For More Information Contact: Michael Dawson Contact Phone #: X9301 RETURN TO: Jenny Matter RETURN BY: ASAP AMOUNT: Revenue: $7.00 per food worker card issued Expenditure: _ Matching Funds Required: Source(s) of Matching Funds: PROCESS: ❑x Exempt from Bid Process ❑ Consultant Selection Process ❑ Cooperative Purchase ❑ Competitive Sealed Bid ❑ Small Work Roster ❑ Vendor List Bid ❑ RFP or RFQ ❑ Other Step 1: REVIEW BY RISK MA T Review by: 1214 Date Reviewed: ❑ APPROVED FORM Returned for revision (See Comments) Comments: Step 2: ' REVIEW BY PROSECUTING A Review by: Date Reviewed: NE' APPROVED AS TO FORM L- Returned!for Comm nts: ;zC, (k ision (See Comments) (This flz� tay with contract throughout the contract review process) Communit Health P )o " l(C � / , `� � &�p0 on -&&,6. Y Environmental Health Developmental Disabilities Water Quality 360-385-9400 360-385-9444 360-385-9401 (f) Always working for a safer and healthier c6&rnunity (f) 360-379-4487 Jenny Matter From: Michael Dawson Sent: Tuesday, December 27, 2016 9:18 AM To: Jenny Matter Subject: FW: Food card ILA w/ Tacoma Pierce Co FYI Michael Dawson Interim Environmental Health and Water Quality Director Jefferson County Environmental Health 615 Sheridan Street Port Townsend WA 98368 (360) 385-9444 ext 301 (360) 531-2862 cell mdawson0co.iefferson.wa.us www.ieffersoncountypublichealth.org CONFIDLNTIALI'LY NOTICE: E: `Ihis e-mail message, including an%, attachments, is for the sole use of the intended recipient(s) and may contain confidential and privile,,ed information. Any unauthorized review, use, disclosure, or distribution is prohibited. if yogi are not the intended recipient, please contact the sender In reply e-mail and destroy all copies of the original message. PUBLIC RECORDS ACT NOTICE: All e-mail sent to this address has been received by the Jefferson County e. -mail systern and is therefore subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the Countv must release this e-mail and its contents to any person who asks to obtain a copy (or for inspection) of this e-mail unless it is exempt from di closure. under state law, including RCW 42.56. From: Michael Haas Sent: Friday, December 23, 2016 4:30 PM To: Philip Morley <pmorley@co.jefferson.wa.us>; Michael Dawson <mdawson@co.jefferson.wa.us> Cc: Julie Shannon <JShannon@co.jefferson.wa.us>; Cammy Brown <CBrown@co.jefferson.wa.us> Subject: RE: Food card ILA w/ Tacoma Pierce Co I've signed off so it should be to you by Tuesday morning. I'll be out next week (but available by phone and probably coming in at night) so if you don't have a stack of some 20 or so contracts by noon Tuesday, please call Cammy. Michael E. Haas Jefferson County Prosecuting Attorney Proticcuto _s_Qftfc.e P.O. Pox 1.220, Port'Cownsentl, WA 98368 Ph: 360-385-9180 Fax: 360-385-0073 All e-mailsent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state taw found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy (or for inspection) of this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws. From: Philip Morley Sent: Friday, December 23, 2016 4:13 PM To: Michael Dawson <mdawson@co.iefferson.wa.us>; Michael Haas <MHaas@co.iefferson.wa.us> Cc: Julie Shannon <JShannon@co.jefferson.waus> Subject: RE: Food card ILA w/ Tacoma Pierce Co Michael & Michael, thank you both for looking into the issue I had raised on the Appendix A section 1.2 hold harmless provision. Based on your research and analysis, I am now satisfied that we can accept the language as proposed. Philip Philip Morley Jefferson County Administrator pmorley@co.iefferson.wa.us (360) 385-9100 x-383 This is a reminder that all email to or from this email address may be subject to the Public Records Act contained in RCW 42.56. Additionally, all email to and from the county is captured and archived by Information Services. From: Michael Dawson Sent: Friday, December 23, 2016 3:56 PM To: Philip Morley <pmorley co.jefferson.wa.us> Subject: FW: Food card ILA w/ Tacoma Pierce Co I talked with Tacoma -Pierce about the section 1.2 on page 6 of the Food Handlers Card ILA that you had questions about. Here is the response I got. Let me know if this answers your questions and if you need anything else from me regarding reviewing this contract. I would like to get it on the soonest possible agenda in January since the old agreement expires at the end of this month. Thanks! Michael Dawson Interim Environmental Health and Water Quality Director Jefferson County Environmental Health 615 Sheridan Street Port Townsend WA 98368 (360) 385-9444 ext 301 (360) 531-2862 cell mdawson@co.iefferson.wa..us www.'e� ffersoncountypublichealth.org CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sunder by reply e-mail and destroy all copies of the original message. PUPI...IC RECORDS ACT NOTICE: All e-mail sent to this address has been received by the. iefferson County e-mail system and is therefore subject to the Public Records Act, a state. law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy (or for inspection) of this e-mail unless it is exempt frorn disclosure under state law, including RCW 42.56. From: Donald Foreman [mailto:DForeman@tpchd.org] Sent: Tuesday, December 20, 2016 10:01 AM To: Michael Dawson <mdawson@co.iefferson.wa.us> Cc: Ingrid Payne <IPayne @tpchd.or > Subject: RE: Food card ILA w/ Tacoma Pierce Co Michael, That section is the "legalese" that says Jefferson Health promises not to ask Pierce for money if the system goes down. For instance, if the system went down for a week and Jefferson did not issue as many cards that quarter. The quarterly check would be smaller. This language says you would "hold Tacoma Pierce harmless" and no ask us to pay for any lost revenue while the system is down. Please note you only pay a percentage of online transactions we process on your behalf. When the system is down neither Jefferson or Tacoma -Pierce receives any funds. Donald Foreman, REHS Environmental Health Specialist III Tacoma -Pierce County Health Department 3629 S D ST Tacoma, WA 98418 (253) 798-3515 dforeman@tpchd.org Michael Haas From: Michael Haas Sent: Friday, December 23, 2016 3:08 PM To: Philip Morley Cc: Vicki Kirkpatrick Subject: Interlocal Agmt No. 1059-07-2021 between our Health Dept and Tacoma -Pierce County Health Dept (TPCHD) re: Food Handler training/permit Philip, I saw your comment about Sec. 1.2 of Appendix A of the interlocal agreement. This section contains a "hold harmless" provision in the event the TCPHD website crashes and they are not able to process education/training/food handler permits. I may be mistaken but I do not view this as a hostile provision. My interpretation of this section is that in the event TCPHD's website crashes, there will be no revenue stream for TCPHD or us while the system is down. By belief is that they do not want to be out of pocket any money to Jefferson County for any "lost opportunities" related to sales that would have otherwise occurred if the system were functional. Based on that interpretation I'm going to sign off as to form. Michael - Michael E. Haas ' Jefferson County Prosecuting Attorney Jefferson County Prosecutor's Office P.O. Box 1220, Port Townsend, WA 98368 Ph: 360-385-9180 Fax: 360-385-0073 All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy (or for inspection) of this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws. Philip Morley From: Philip Morley Sent: Monday, December 05, 2016 4:50 PM To: Michael Dawson Subject: RE: Food card ILA w/ Tacoma Pierce Co Mike, I am reviewing the ILA for food cards w/ Tacoa-Pierce Co Health Dept. Section 1.2 of Addendum A says we will hold Tacoma Pierce harmless from any actual or purported loss of online income during times of unavoidable lack of access to Pierce's web site. So if no one can access them to do the training, we pay them for income they didn't receive, and for services they never provided? Perhaps it means something else — if so, please let me know, and please propose clarifying language to 1.2 of Addendum A. Thanks Mike! Philip Philip Morley Jefferson County Administrator pmorley@co.iefferson.wa.us (360) 385-9100 x-383 This is a reminder that all email to or from this email address may be subject to the Public Records Act contained in RCW 42.56. Additionally, all email to and from the county is captured and archived by Information Services.