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HomeMy WebLinkAbout062821_ca05 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners FROM: Mark McCauley,Interim County Administrator DATE: June 28,2021 RE: Request for Board of County Commissioners approval of a grant agreement with Jefferson Healthcare(JHC)for Covid-19 vaccination services STATEMENT OF ISSUE: Jefferson Healthcare performed magnificently during the Covid-19 pandemic,performing much needed testing and vaccination services.Unfortunately,the financial situation for JHC darkened because they didn't have full funding for the vaccination program. ANALYSIS: Reimbursing Jefferson Healthcare for a portion of their unreimbursed vaccination program is a worthy use of CARES Act funding received by the county.The county previously issued a letter of intent to reimburse Jefferson Healthcare for a portion of their unreimbursed cost.The attached grant agreement will authorize the payment of$350,000 to Jefferson Healthcare to help offset the cost of the their much-needed vaccination program. FISCAL IMPACT: This agreement will cost$350,000. Cost will be borne by the General Fund using CARES Act residual funds. RECOMMENDATION: That the Board of County Commissioners approve the attached grant agreement with Jefferson Healthcare. REVIEWED BY: l t /Ll Mark c a y, Interim ounty A i istrator ate GRANT AGREEMENT BETWEEN JEFFERSON COUNTY AND JEFFERSON COUNTY PUBLIC HOSPITAL DISTRICT NO. 2, DBA JEFFERSON HEALTHCARE, FOR UNREIMBURSED COVID-19 VACCINATION COSTS This Grant Agreement to Provide Emergency Assistance as a Result of the COVID-19 Pandemic ("Agreement") is dated as of the day of , 2021, by and between Jefferson County, a Washington political subdivision(County), and Jefferson Healthcare (Grantee). WHEREAS, on February 29, 2020, Governor Jay Inslee declared a State of Emergency in all Counties in Washington State to due to the public health emergency caused by the COVID-19 virus; and WHEREAS, on March 10, 2020, the Jefferson County Health Officer issued a Public Health Order to control and prevent the spread of the COVID-19 virus; and WHEREAS, on March 11, 2020, the World Health Organization declared the outbreak of COVID-19 to be a pandemic; and WHEREAS, on March 13, 2020, the President of the United States declared the COVID- 19 outbreak a national emergency; and WHEREAS, on March 16, 2020, the Jefferson County Board of Commissioners approved a Declaration of Emergency in Jefferson County due to the COVID-19 pandemic in Resolution 12-20, stating in part that "human life may be threatened and the local economy disrupted as a result of this unprecedented pandemic, and immediate extraordinary action must be taken to respond to this crisis and mitigate its impacts,"and further stating"Jefferson County is authorized to exercise such other actions authorized by state law during a state of emergency as may be necessary to combat this emergency;"and WHEREAS, on March 19, 2020, the Port Townsend City Council approved a Declaration of Emergency due to the COVID-19 pandemic. WHEREAS,on March 23,2020,Governor Jay Inslee signed Proclamation 20-25 declaring that a State of Emergency continues to exist in all Counties in Washington State due to COVID- 19; and that his prior proclamations are amended and superseded by a Proclamation to impose a Stay Home — Stay Healthy Order throughout Washington State, which prohibits all people in Washington State from leaving their homes or participating in social, spiritual and recreational gatherings of any kind regardless of the number of participants, and all non-essential businesses in Washington State from conducting business, within the limitations provided in Proclamation 20- 25; and WHEREAS, Proclamation 20-25 has been amended several times, most recently in Proclamation 20-25.7, issued on July 24,2020,which makes clear that Proclamation 20-25 remain in effect until rescinded, and requires people to wear face masks both while at work and while not at work; WHEREAS, as a result of the continued worldwide spread of COVID-19, its significant progression in Washington State, and the high risk it poses to our most vulnerable populations, GRANT AGREEMENT BETWEEN JEFFERSON COUNTY AND JEFFERSON COUNTY PUBLIC HOSPITAL DISTRICT NO. 2, DBA JEFFERSON HEALTHCARE, FOR UNREIMBURSED COVID-19 VACCINATION COSTS Governor Jay Inslee subsequently issued amendatory Proclamations 20-06 through 20-53, 20-55 through 20-67,20-69 through 20-71 and 20-74, and exercising his emergency powers under RCW 43.06.220 by prohibiting certain activities and waiving and suspending specified laws and regulations; and WHEREAS, Health professionals and epidemiological modeling experts advise that Washington is still in a state of COVID-19 outbreak; and WHEREAS, the COVID-19 pandemic is both a health emergency and a financial emergency, resulting in the worst global economic crisis since the Great Depression; and WHEREAS, as a result of the COVID-19 financial emergency, the largest economic stimulus legislation in American history, a $2 trillion package in Section 601(a) of the Social Security Act, as amended by Section 5001 of the Coronavirus Aid,Relief, and Economic Security Act, called the CARES Act,was signed into law on 27 March 2020; and WHEREAS, in May 2020, Governor Jay Inslee announced that the State of Washington would award $300 million of State's CARES Act CRF funding to reimburse local governments for eligible COVID-19 costs and economic support in connection with the COVID-19 public health emergency; and WHEREAS, on August 31, 2020, Governor Inslee announced that Washington State was awarding an additional $125 million of CARES Act CRF funding to local governments for the same purposes; and WHEREAS,the City of Port Townsend has been awarded up to $144,150 from the State's additional award, which the City intends to receive by submitting an invoice to the State for the City's prior eligible expenditures, thereby freeing up City general fund moneys which the City wishes to deploy to address the COVID-19 public health emergency; and WHEREAS, Jefferson County has been awarded $2,392,500 in CARES Act funds; and WHEREAS, spending local governments' funds to help the community respond to the COVID-19 emergency with emergency public health assistance and economic assistance is a fundamental purpose of government which also helps fulfill the public purposes articulated in the CARES Act and Coronavirus Relief Fund; and WHEREAS, the proposed uses will aid the economic recovery and public good of Jefferson County following the economic downturn caused by the COVID-19 pandemic. WHEREAS, the Grantee is a recognized public agency, public nonprofit entity or private 501(c)(3) non-profit organization in the State of Washington and is a provider of community assistance in one or more of the listed projects; and, 2 GRANT AGREEMENT BETWEEN JEFFERSON COUNTY AND JEFFERSON COUNTY PUBLIC HOSPITAL DISTRICT NO. 2, DBA JEFFERSON HEALTHCARE, FOR UNREIMBURSED COVID-19 VACCINATION COSTS WHEREAS, RCW 38.52.070(2) grants to counties in which a disaster occurs, the power to enter into contracts and incur obligations necessary to combat such disaster,protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster; and' WHEREAS, vaccinating citizens against the Covid-19 pandemic will save lives and help bring about an end to the pandemic, and WHEREAS, the economic support provided to Grantee pursuant to this Agreement is necessary and appropriate given the Grantee's critical role and access to services to community members due to the COVID-19 public health emergency proclamations and restrictions and such assistance represents an eligible use of county funds consistent with RCW 38.52.070(2). NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, and the terms and conditions set forth below, the parties agree as follows: 1. Effective Date and Term. The term of this Agreement shall commence on when last executed by the parties and remain in effect until June 30, 2021 except for submittal of any final invoices and the report referenced in Section 10, due July 31, 2021. The term may be extended by written instrument signed by both County and Grantee. This Agreement may be terminated by the County before the end of term pursuant to Section 5 of this Agreement.Eligible expenses incurred consistent with this Agreement starting October 1, 2020 or thereafter, but prior to its execution, are hereby ratified 2. Purpose of Agreement. This Agreement provides federal funding received by Jefferson County pursuant to the CARES Act of 2020 to Jefferson Healthcare, to partially offset the significant ongoing costs to Jefferson Healthcare of providing and conducting COVID-19 vaccinations of Jefferson County residents, where such vaccinations were not eligible for full reimbursement from any other funding source including private insurance, Medicare or Medicaid, the Federal Emergency Management Administration(FEMA)or any other federal or state funding provided to Jefferson Healthcare for COVID-19 testing. Funds provided under this Agreement may be used to help cover the costs of vaccinations not fully covered by other funding source(s) as stated in the previous sentence. 3. Funds. The County agrees to provide the Grantee a total sum not to exceed $350,000 pursuant to Attachment A-Grantee Budget and Scope of Work. 4. Grantee's Use of Grant Funds. The Grantee shall ensure that the any funds expended are necessary to the listed project are eligible in accordance with the terms of the grant, to include the grant Scope of Work. 5. Termination. The County may terminate this Agreement, for convenience or otherwise and for no consideration or damages, upon 10 days prior written notice to the Grantee. 6. Independent Contractor. Each party under this Agreement shall be for all purposes an independent contractor. Nothing contained herein will be deemed to create an association, a 3 GRANT AGREEMENT BETWEEN JEFFERSON COUNTY AND JEFFERSON COUNTY PUBLIC HOSPITAL DISTRICT NO. 2, DBA JEFFERSON HEALTHCARE, FOR UNREIMBURSED COVID-19 VACCINATION COSTS partnership, a joint venture, or a relationship of principal and agent, or employer and employee between the parties. The Grantee shall not be, or be deemed to be, or act or purport to act, as an employee, agent, or representative of the County for any purpose. 7. Indemnification.Grantee acknowledges that the designated project is the Grantee's own project,and not the County's. Except to the extent of the county's own negligence or willful misconduct. The Grantee agrees to, indemnify and hold the County, its officers, officials, employees, agents and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses including without limitation personal injury, bodily injury, sickness, disease,or death,or damage to or destruction of property,which are alleged or proven to be caused in whole or in part by an act or omission of the Grantee, its officers, directors, employees, and/or agents arising out of the Grantees' performance or failure to perform under this Agreement. The section shall survive the expiration or termination of this Agreement. 8. Compliance with Laws. Guidelines. The Grantee shall comply with all applicable federal, state, and local laws and all applicable requirements (including certifications and audits), in carrying out the designated project and in performance of this Agreement. 9. Reports. Grantee shall provide the County a final project report about its project on or before July 31, 2021. The report shall briefly describe the specific activities performed, identifying specific populations served, specific programs created or utilized and include any known or intended outcomes, results or community impacts. The section shall survive the expiration or termination of this Agreement. 10. Maintenance and Audit of Records. The Grantee shall maintain records, books, documents, and other materials relevant to its performance under this Agreement for a period of 6 years. These records shall be subject to inspection, review and audit by the County upon reasonable notice.If it is determined during the course of the audit that the Grantee was reimbursed for unallowable costs under this Agreement or any,the Grantee agrees to promptly reimburse the County for such payments upon request. 11. Notices. Any notice desired or required to be given hereunder shall be in writing, and shall be deemed received five(5)days after deposit with the U.S. Postal Service,postage fully prepaid, certified mail, return receipt requested, and addressed to the party to which it is intended at its last known address, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: Jefferson Healthcare Jennifer Wharton 834 Sheridan Street Port Townsend, WA 98368 jwhartonAeffersonhealthcare.org 360-385-2200 x2013 4 GRANT AGREEMENT BETWEEN JEFFERSON COUNTY AND JEFFERSON COUNTY PUBLIC HOSPITAL DISTRICT NO. 2, DBA JEFFERSON HEALTHCARE, FOR UNREIMBURSED COVID-19 VACCINATION COSTS Jefferson County Mark McCauley, Interim County Administrator Jefferson County Courthouse 1820 Jefferson Street Port Townsend, WA 98368 360-385-9100 MMcCauley@co.jefferson.wa.us 12. Improper Influence. Each party warrants that it did not and will not employ, retain, or contract with any person or entity on a contingent compensation basis for the purpose of seeking, obtaining, maintaining, or extending this Agreement. Each party agrees, warrants, and represents that no gratuity whatsoever has been or will offered or conferred with a view towards obtaining, maintaining, or extending this Agreement. 13. Conflict of Interest. The elected and appointed officials and employees of the parties shall not have any personal interest, direct or indirect, which gives rise to a conflict of interest. 14. Time. Time is of the essence in this Agreement. 15. Survival. The provisions of this Agreement that by their sense and purpose should survive expiration or termination of this Agreement shall so survive. Those provisions include without limitation Indemnification and Maintenance and Audit of Records. 16. Amendment. No amendment or modification to this Agreement will be effective except by written amendment executed by both parties in the same manner as the original Agreement. 17. Governing Law: Venue. This Agreement will be governed in all respects by the laws of Washington state, both as to interpretation and performance, without regard to conflicts of law or choice of law provisions. Any action arising out of or in connection with this Agreement may be instituted and maintained only in a court of competent jurisdiction in Jefferson County, Washington or as provided by RCW 36.01.050. 18. Non-Waiver. No failure on the part of the County to exercise, and no delay in exercising, any right hereunder shall operate as a wavier thereof; nor shall any single or partial exercise by the County of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedy available to the County at law or in equity. 19. Binding Effect.This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 20. Assignment. Neither party shall assign or transfer any of its interests in or obligations under this Agreement without the prior written consent of the other party. 5 GRANT AGREEMENT BETWEEN JEFFERSON COUNTY AND JEFFERSON COUNTY PUBLIC HOSPITAL DISTRICT NO. 2, DBA JEFFERSON HEALTHCARE, FOR UNREIMBURSED COVID-19 VACCINATION COSTS 21. Entire Agreement. This Agreement constitutes the entire agreement between the County and the Grantee for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the parties with respect to this Agreement. 22. No Third-Party Beneficiaries. Nothing herein shall or be deemed to create or confer any right, action, or benefit in, to, or on the part of any person or entity that is not a party to this Agreement. This provision shall not limit any obligation which either party has to the Washington State Department of Commerce of these grant funds, including the obligation to provide access to records and cooperate with audits as provided in this Agreement. 23. Severability.In the event that one or more provisions ofthis Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof,the remainder of this Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. 24. Counterparts. This Agreement may be executed in counterparts, any of which shall be deemed an original but all of which together shall constitute one and the same instrument. 25. Authorizations Each party warrants to the other party, that the person executing this Agreement on its behalf has the full power and authority to do so. 26. Public Records Act.Notwithstanding any provisions of this Agreement to the contrary, to the extent any record, including any electronic, audio, paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act,Chapter 42.56 RCW (as may be amended), the Grantee agrees to maintain all records constituting public records and to produce or assist the County in producing such records,within the time frames and parameters set forth in state law. The Grantee also agrees that upon receipt of any written public record request, Grantee shall, within two business days,notify the County by providing a copy of the request per the notice provisions of this Agreement. (SIGNATURES APPEAR ON THE NEXT PAGE) 6 IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the last date signed below. JEFFERSON COUNTY,WASHINGTON JEFFERSON HEALTHCARE BOARD OF COUNTY COMMISSIONERS By: By: Mike Glenn,Chief Executive Office Kate Dean, Chair DATE DATE Approved as to form only: June 23, 2021 Philip C.Hunsucker DATE Chief Civil Deputy Prosecuting Attorney 7 ATTACHMENT A GRANTEE BUDGET AND SCOPE OF WORK BUDGET The Board of Commissioners is directing up to$350,000 payable to Jefferson Healthcare("Grantee") for unreimbursed Covid-19 vaccination costs;These funds must be fully distributed by July 31,2021. The Grantee will be responsible for providing documentation and other proof of costs directly related to the approved project. Eligible Costs and Expenditures Supplies, services, equipment or other materials purchased to support the approved project: Funds are available to reimburse approved project related costs October 1, 2020 through June 30, 2021.The Grantee MAY NOT use the funding for the following activities: • Any expense that would not be considered an eligible business expense by IRS rules. • Political contributions. • Bonuses to owners or employees. • Charitable contributions. • Gifts or parties. • Draw or salary to owner that exceeded the amount that they were paid on a weekly or monthly basis for the same period in 2019. • Pay down or pay off debt by more than required in underlying debt instrument. Program Funding and Award Amount The County shall make$350,000 available to the Grantee.The Grantee will use funds to reimburse eligible costs and expenditures related to the approved project. Process Distribution These funds must be fully distributed by July 31, 2021. Reimbursement The funding will be provided via reimbursement to the Grantee once the Grantee provides a financial summary of the cost of the program. Reporting Grantee shall provide the County a final project report about its project on or before July 31,2021. The report shall briefly describe the specific activities performed, identifying specific populations 8 served,specific programs created or utilized and include any known or intended outcomes,results or community impacts. The Grantee shall maintain all documentation regarding the reimbursements through the contract period and for six (6) years then provide those materials to Jefferson County, upon request, electronically for future audit or other use. The Grantee acknowledges that funds received from the County are treated as taxable income, when applicable. 9 SCOPE OF WORK This Scope of Work describes the various elements of Jefferson Healthcare's Covid-19 vaccination program. Costs associated with these program elements are eligible for reimbursement under this grant agreement. Clinical Quality: • Physician leadership clinical guidance for alignment with Washington State Hospital Association (WSHA),the Washington State Department of Health(WADOH), the Centers for Disease Control and Prevention (CDC). • Physician leadership guidance for all clinical protocols and pathways for vaccine dosing and administration, nurse triage calls, and clinical oversite and competencies. Legal Compliance: • Legal counsel partnership with the WSHA, ensuring compliance of vaccine emergency use authorization Marketing: • Marketing vaccination clinics via various modes of communication • Maintenance of online appointment scheduling systems • Education to reduce vaccine hesitancy Community Outreach and Coordination: • Partner with Jefferson County Public Health and emergency management to align community services • Partner with Jefferson County Health Officer to organize collaboration with local pharmacies • Partner with Jefferson County Health Officer to organize collaboration with local school system and business for the administration of the vaccine. • Connect and engage minority groups to reduce vaccine hesitancy and mistrust • Provide interpretive services for scheduling and vaccine administration for all non- English speaking individuals Nurse Hotline: • Provide 7 days per week nursing assistance for any member of the community to address pre and post vaccine questions Clinical Informatics: • Continuously adjust an electronic health record (EHR) incident for scheduling, ordering, results notification, coding, and documentation. Vaccine Inventory: • Complete ordering, inventory, and mass vaccination WADOH weekly surveys • Order vaccine weekly and complete WADOH ordering assessment • Comply with all vaccine storage, administration timelines, and transfers requirements • Track inventory and minimize vaccine waste 10 Vaccine Preparation: • Scan and label vial, dilute and/or dose per clinical guidelines Vaccine Delivery: • Administer the vaccine in a drive thru and walkup setting and provide the appropriate post vaccine oversite Data and Reporting: • Collect, input, and upload data to the WIIS • Report adverse events via the VAERs system • Create and maintain reports in the electronic health system for reporting • Create and maintain a dashboard system for reporting and continuous assessment and process improvement Revenue Cycle: • Review charges, prepare and send billing statements, receive and process payment, and denial management 11