Agreement with Bird’s Eye Medical to provide COVID-19 vaccine consultation, coordination and administration. BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-031
APPROVE AGREEMENT BETWEEN LEWIS COUNTY
AND BIRD'S EYE MEDICAL TO PROVIDE COVID-19
VACCINE CONSULTATION, COORDINATION, AND
ADMINISTRATION
WHEREAS, the Board of County Commissioners (BOCC), Lewis County,
Washington, has reviewed Agreement #Birdseyemedical_COVID with Bird's Eye
Medical; and
WHEREAS, funding from the Department of Health COVID-19 in the amount of
$100,000 is provided for the period of December 1, 2020, through June 30, 2021;
and
WHEREAS, funds will be used to provide COVID-19 vaccine consultation,
coordination, and administration for persons residing in Lewis County; and
WHEREAS, it appears to be in the best public interest to authorize the execution
of said contract.
NOW THEREFORE BE IT RESOLVED that Agreement #Birdseyemedical_COVID
between Lewis County and Bird's Eye Medical to provide COVID-19 vaccine
consultation, coordination, and administration in the amount of $100,000 from
December 1, 2020, through June 30, 2021, is hereby approved and the Director of
Public Health & Social Services is authorized to sign the same.
DONE IN OPEN SESSION this 25th day of January, 2021.
Page 1 of 2 Res. 21-031
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Amber Smith Gary Stamper
By: Amber Smith, Gary Stamper, Chair
Deputy Prosecuting Attorney
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ATTEST: •' ° = Lindsey R. Pollock, DVM
SOPRDOFS2k•
Ldsey R. Pollock, DVM, Vice Chair
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''`Y) Sean D. Swope
Rieva Lester ••'•:�J.�T���.,•
Rieva Lester, Sean D. Swope, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 21-031
Executive Summary
County Program # BirdsEyeMedical_COVID
Between Bird's Eye Medical and
Lewis County Public Health & Social Services
Description
With the emergence of COVID-19 vaccines, the delivery and dispensing to our community
members is a public health priority. The purpose of the MOU is to provide funding from
The Department of Health COVID-19, to prevent, prepare for, and respond to the
coronavirus pandemic among individuals residing in Lewis County. Bird's Eye Medical will
provide COVID-19 vaccine consultation, coordination, and administration for persons
residing in Lewis County.
Recommendation
Approve resolution
Budget Impact
Fund: 141 P6229 DOH COVIDBTV
Amount: $ 100,000.00
These funds were anticipated for the 2021 fiscal year
Duration: December 1, 2020-June 3V, 2021
Cover Letter:
Emailed to Patrick Hastings
Patrickbirdseyemedical.com
Submitted by: Meja Handlen
360 NW North Street
Public Health & Social Services Chehalis WA 98531
LEWIS COUNTY/
Memorandum of Understanding
Memorandum of Understanding#: Birdseyemedical_COVID
Memorandum of Understanding Name: Bird's Eye Medical COVID-19
This Memorandum of Understanding is entered into by and between Lewis County Public health
& Social Services, herein after referred to as County, and Bird's Eye Medical, herein after
referred to as Bird's Eye.
Preamble
Purpose
The purpose of this Memorandum of Understanding ("MOU") is to contract for Bird's Eye,
under direction of the County:
• Provide COVID-19 vaccine consultation, coordination, and administration for persons
residing in Lewis County as it would be in the best interest of the citizens within the respective
jurisdictions to enter into an MOU to provide services.
Recitals
WHEREAS, COVID-19, a respiratory disease that can result in serious illness or death, is caused
by the SARS-CoV-2 virus, which is a new strain of coronavirus that had not been previously
identified in humans and can easily spread from person to person; and
WHEREAS, on January 31, 2020, the United States Department of Health and Human Services
Secretary Alex Azar declared a public health emergency for COVID-19, beginning January
27, 2020; and
WHEREAS,on February 29,2020,Washington Governor Jay Inslee declared a state of emergency
in response to the continued and growing threat presented by COVID-19; and
WHEREAS, on March 13, 2020, the Lewis County Board of County Commissioners declared a
present emergency which necessitates activation of the Lewis County Comprehensive
Emergency Management Plan(CEMP)and utilization of emergency powers granted pursuant
to RCW 36.40.180 and RCW 38.52.070(2); and
WHEREAS, it is in the best interest if Lewis County to work with local organizations and
businesses to coordinate acquiring necessary supplies for prevention,detection,treatment,and
eradication of COVID-19.
MOU BIRD'S EYE2020
WHEREAS, Lewis County has applied for and been approved to receive DOH funding to pay for
provision of these services by VVHC in order to protect and restore the public health of Lewis
County.
WHEREAS,the parties agree to proceed as outlined herein and enter into the herein Memorandum
of Understanding as a voluntary and mutually beneficial understanding.
Witnesseth
NOW THEREFORE, in consideration of the mutual benefits and covenants hereafter contained,
the parties agree hereto as follows:
General Terms and Conditions
1. Scope of BIRD'S EYE's Services
Lewis and BIRD'S EYE agree to provide services, reports, and any material set forth in
Exhibit A: Statement of Work and Reporting Requirements during the MOU term. No
material, labor, or facilities will be furnished by Lewis or BIRD'S EYE unless otherwise
provided for in this MOU.
2. Accounting and Payment for Services
Payment to Lewis and BIRD'S EYE for services rendered under this MOU shall be as set
forth in Exhibit B: Budget, Invoicing and Contractor Payment attached hereto. Unless
specifically stated in Exhibit B or approved in writing in advance by the MOU Representative
for this MOU, Lewis and BIRD'S EYE will not reimburse the other for any costs or expenses
incurred outside the performance of this MOU.
County and BIRD'S EYE acknowledges that the entire compensation for this MOU is
specified in Exhibit B. BIRD'S EYE is not entitled to any County benefits including, but not
limited to, vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance
benefits, or any other rights or privileges afforded to County employees outside of their
respective entitlements and obligations.
3. Assignment and Subcontracting
Unless otherwise provided for in this contract, no portion of this MOU may be assigned or
subcontracted to any other individual, form, or entity without the express and prior written
approval of the MOU Representative.
4. Administration
This Memorandum of Understanding does not create a separate entity. This MOU shall be
jointly administered by Lewis County and BIRD'S EYE.
5. Regulations and Requirements
This MOU shall be subject to all laws,rules,and regulations of the United States of America,
the State of Washington, and political subdivisions of the State of Washington, and to any
other provisions set forth in Special Terms and Conditions.
6. Public Records Law
Each Party will fulfill their independent obligations, separately,under the Washington Public
Records Act(chapter 42.56 of the Revised Code of Washington). In the event one Party fails
to fulfill its obligations pursuant to this section and due in whole or in part to such failure a
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MOU BIRD'S EYE2020
court of competent jurisdiction imposes a penalty upon the other Party for violation of the
Public Records Act,the failing Party shall indemnify the other for that penalty, as well as for
all costs and attorney fees incurred by the other Party in the litigation giving rise to such a
penalty. The obligations created by this section shall survive the termination of this MOU.
7. Political Activity Prohibited
None of the funds provided under this MOU shall be used for any partisan political activity,
or to further the election or defeat of any candidate for public office or ballot measure.
However, no person engaged to perform such services pursuant to this MOU shall be
precluded from devoting income derived from such services to any lawful political activity,
or to the support of a candidate for public office or of a ballot measure.
8. Right to Review
This MOU is subject to review by any federal or state auditor. The Parties or their designees
shall have the right to review and monitor the financial and service components of this MOU
by whatever means are deemed expedient by the MOU Representative. Such review may
occur with or without notice and may include, but is not limited to, on-site inspection by
County agents or employees, inspection of all records or other materials which the Parties
deem pertinent to the MOU and its performance, and any and all communications with or
evaluations by service recipients under this MOU.
9. Modifications
Either party may request changes in the MOU. Any and all agreed modifications shall be in
writing, signed by each of the parties.
10. Termination
Either Party may terminate this MOU upon 30 days' prior written notification to the other
Party. If this MOU is so terminated,the Parties shall be liable only for performance rendered
or costs incurred in accordance with the terms of this MOU prior to the effective date of
termination.
11. Termination for Public Convenience
Either Party may terminate the MOU, in whole or in part, whenever the terminating Party
determines, in its sole discretion that such termination is in the interests of the terminating
Party. Whenever the MOU is terminated in accordance with this paragraph, the non-
terminating Party shall be entitled to payment for actual work performed at unit MOU prices
for completed items of work. The terminating Party shall make a reasonable, equitable
adjustment in the MOU price for partially completed items of work,but such adjustment shall
not include provision for loss of anticipated profit on deleted or uncompleted work.
Termination of this MOU by Party at any time during the term for convenience, shall not
constitute a breach of MOU by the terminating Party.
12.Termination for denial of DOH Funding
VVHC acknowledges and understands this agreement is subject the overall project approval
for County of its application for DOH funding. In the event County is unable to obtain DOH
Funding, County, in its sole discretion,may terminate the MOU, in whole or in part. BIRD'S
EYE shall be entitled to payment for actual work performed at unit MOU prices for completed
items of work. County shall make a reasonable, equitable adjustment in the MOU price for
partially completed items of work,but such adjustment shall not include provision for loss of
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MOU BIRD'S EYE2020
anticipated profit on deleted or uncompleted work.Termination of this MOU at any time as a
result of a denial of DOH funding, shall not constitute a breach of MOU by County.
13. Suspension of Performance and Resumption of Performance
In the event of government closure, suspension,or limitation of funding in any way after the
effective date of this MOU and prior to normal completion, Parties may give notice to the
other Party to suspend performance as an alternative to termination. Parties may elect to give
written notice to the other Party to suspend performance when the Party determines 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 MOU.Notice may include
notice by facsimile or email to the MOU's Representative. The Parties shall suspend
performance on the date stated in the 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.Notice may be contingent upon
the occurrence or non-occurrence of a future event;e.g. the failure of the State of Washington
to pass a budget by a date specified in the notice.
When the Parties determine that the funding insufficiency is resolved, the Parties may give
written notice to resume performance and a proposed date to resume performance. Upon
receipt of written notice to resume performance, the Parties will give written notice to the
other as to whether it can resume performance, and, if so, the date upon which it agrees to
resume performance. If Parties give notice that they cannot resume performance, the Parties
agree that the MOU will be terminated retroactive to the original date of suspension of
performance.
If the funding issue is not resolved, the Parties may terminate the MOU under the
"Termination for Convenience"clause.
14. Suspension of Performance and Resumption of Performance
In the event of government closure, suspension or limitation of funding in any way after the
effective date of this MOU and prior to normal completion, Parties may give notice to the
other Party to suspend performance as an alternative to termination. Parties may elect to give
written notice to the other Party to suspend performance when the Party determines 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 MOU.Notice may include
notice by facsimile or email to the MOU's Representative. The Parties shall suspend
performance on the date stated in the 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.Notice may be contingent upon
the occurrence or non-occurrence of a future event;e.g. the failure of the State of Washington
to pass a budget by a date specified in the notice.
When the Parties determine that the funding insufficiency is resolved, the Parties may give
written notice to resume performance and a proposed date to resume performance. Upon
receipt of written notice to resume performance, the Parties will give written notice to the
other as to whether it can resume performance, and, if so, the date upon which it agrees to
resume performance. If Parties give notice that they cannot resume performance, the Parties
agree that the MOU will be terminated retroactive to the original date of suspension of
performance.
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MOU BIRD'S EYE2020
If the funding issue is not resolved, the Parties may terminate the MOU under the
"Termination for Convenience" clause.
15. Defense and Indemnity MOU
Either Party shall defend, protect, and hold harmless the other Party or any officers or
employees thereof, from and against all claims,suits,or action arising from any intentional or
negligent act or omission of the other Party or any employee, agent or representative of the
other Party or any subcontractor,while performing under the terms of this MOU.
16. Insurance Coverage
The Contractor shall comply with all provisions described in Exhibit C: Insurance Coverage,
attached hereto.
17. Resolution of Conflicts
In the event of an inconsistency in this MOU, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order:
i. Applicable federal and state statutes and regulations
ii. Special terms and conditions
iii. Exhibits
iv.General terms and conditions
v. Any other provision of this MOU whether incorporated by reference or otherwise.
18. Disputes, Venue and Choice of Law
Both Parties agree that any disputes that arise under or relating to this MOU that cannot be
resolved to the satisfaction of both parties shall be submitted to mediation before either party
starts litigation in any form.An impartial third party acceptable to both the Lewis and BIRD'S
EYE will be appointed to mediate. Should the parties be unable to agree upon a mediator,then
the dispute shall be mediated through the Washington Arbitration and Mediation Service, at
its Tacoma office, and in accordance with the WAMS mediation rules. Each Party shall pay
an equal percentage of the mediator's fees and expenses. Either Party may not use any funds
received under this MOU to pay mediator's fees and expenses. The mediation shall be
confidential in all respects,as allowed or required by law.
In the event that mediation does not resolve the dispute, the venue for any litigation arising
under or relating to this MOU shall be in the courts of the State of Washington. This MOU
shall be governed by the laws of the State of Washington, excepting only the choice of law
rules of the State of Washington.
19. Records Maintenance
Each Party shall maintain all books, records, documents, data and other evidence relating to
this MOU and performance of the services described herein, including but not limited to,
accounting procedures and practices which sufficiently and properly reflect all direct and
indirect costs of any nature expended in the performance of this MOU. Both Parties shall
retain such records for a period of seven(7)years following the date of final payment.
If any litigation, claim or audit is started before the expiration of the seven- (7) year period,
the records shall be retained for a period of seven(7)years after all litigation,claims,or audit
findings involving the records have been finally resolved.
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MOU BIRD'S EYE2020
20. Recapture
In the event a Party fails to perform services specified in this MOU in accordance with state
laws, federal laws, and/or the provisions of this MOU, the other Party reserves the right to
recapture funds in an amount required to compensate the other Party for the noncompliance
in addition to any other remedies available at law or in equity. Repayment by the failing Party
or refunds under this recapture provision shall occur within the timeframe specified by the
other Party. In the alternative, the other Party may recapture such funds from payments due
under this MOU.
21. Confidentiality
Both Parties or any employee,agent or representative of the Parties or any subcontractor shall
maintain the confidentiality of all information provided or acquired by the Parties in
performance of this MOU, except upon prior written consent of the Attorneys for each Party
or an order entered by a court after having acquired jurisdiction over the Parties. Each Party
shall indemnify and hold harmless the other Party, its officials, agents or employees from all
loss or expense,including,but not limited to,settlements,judgments, setoffs,attorney's fees,
and costs resulting from a Party's breach of this provision.
22. Ethics/Conflicts of Interest
In performing under this MOU,both Parties will assure compliance with the Ethics in Public
Service Act(Chapter 42.52 Revised Code of Washington), and any other applicable state or
federal law related to ethics or conflicts of interest.
23. Information System Security
Both Parties shall protect and maintain all confidential information gained by reason of this
MOU against unauthorized use, access, disclosure, modification or loss. Personal and/or
medical information collected, used or acquired in connection with this MOU shall be used
solely for the purposes of this MOU.
24. MOU Amendments
No amendment, modification or renewal shall be made to this MOU unless set forth in a
written Memorandum of Understanding Amendment, signed by both parties. Work under an
Memorandum of Understanding Amendment shall not proceed until both Parties duly
executes the Memorandum of Understanding Amendment.
25. Severability
If any term or condition of this MOU or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition or application. To
this end,the terms and conditions of this MOU are declared severable.
26. Conformance
If any provision of this MOU violates any statute or rule of law of the state of Washington or
of the United States of America, it is considered modified to conform to that statute or rule of
law.
27. Waiver
Waiver of any breach or condition of this MOU shall not be deemed a waiver of any prior or
subsequent breach.No term or condition of this MOU shall be held to be waived,modified or
deleted except by an instrument, in writing, signed by the party granting such a waiver.
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MOU BIRD'S EYE2020
28. Survival
The terms and conditions contained in this MOU will survive the completion, cancellation,
termination or expiration of the MOU.
29. Entire MOU
This written MOU along with attached exhibits and the documents and terms incorporated
herein by section 23 of this MOU,represents the entire MOU between the parties.
30. Parties
Each party to this MOU shall have an MOU representative. Each party may change its
representative upon providing written notice to the other party. The parties' MOU
representatives for this contract are:
For the County: Contract Officer
Meja Handlen
Meja.handlenalewiscountywa.gov
360-740-1234
For the Contractor:
Patrick Hastings, Business Manager, Bird's Eye Medical
patrick(abirdseyemedical.com,
206-739-2491
31. Authorization
Only the Lewis County Board of County Commissioners, Director of Lewis County Public
Health&Social Services, or its designated MOU Representative identified herein, shall have
the expressed, implied, or apparent authority to alter, amend, modify, or waive any clause or
condition of this MOU. Furthermore, any alteration, amendment, modification, or waiver of
any clause or condition of this MOU is not effective or binding unless made in writing and
signed by the Lewis County Board of County Commissioners, Director of Lewis.County
Public Health& Social Services,or its MOU Representative.
Only BIRD'S EYE, or its designated MOU Representative identified herein, shall have the
expressed, implied, or apparent authority to alter, amend, modify, or waive any clause or
condition of this MOU with respect to the rights and responsibilities of BIRD'S EYE.
Furthermore, any alteration, amendment, modification, or waiver of any clause or condition
of this MOU is not effective or binding unless made in writing and signed BIRD'S EYE, or
its MOU Representative.
IN WITNESS THEREOF,this executed on 5 day of >30a(
Accepted: Accepted:
Page 7 of 14
MOU BIRD'S EYE2020
J.P Anderson V✓
' -9a.k16 c,x- was 4-iti 51- t
Director LCPHSS Z.u.S Q,SS may,a3 a,,. c ::,J j t e��a l
Dated: \` ' I, �i Dated: .S.°'^ , 2(
APPROVED AS TO FORM:
JONATHAN MEYER
Prosecuting Attorney
• & .iAi i&A.
• mber Smith, SBA#53121
Page 8 of 14
MOU BIRD'S EYE2020
Exhibit A: Statement of Work and Reporting Requirements
The purpose of this Statement of Work is to detail the work to be performed by BIRD'S EYE
and the methods and content for reporting progress by BIRD'S EYE in fulfilling all duties
encompassed in this MOU.
The term of this MOU shall commence on 12/01/2020 and terminate on 12/31/2021.
BIRD'S EYE shall administer funds awarded hereunder, to support a variety of activities,
including Provide COVID-19 vaccine consultation, coordination, and administration for Lewis
County residents. Activities shall include, but not be limited to, the following:
Task Task/Activity/Description Deliverables/Outcomes Reporting Requirement Due Date
Number
#1 Provide COVID-19 Provide direct and Documentation of Bi-
vaccine consultation, technical assistance in hours towards monthly
coordination,and the planning and specific project.
administration for Lewis administration of Must include what
County residents. COVID-19 vaccine Bird Eye staff
within Lewis County. (scribe/LPN/RN
ext.)has provided
the service with
date, location and
time in quarter hour
increments.
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MOU BIRD'S EYE2020
Exhibit B: Budget, Invoicing, and Payment
Lewis County shall pay an amount not to exceed $100,000 to BIRD'S EYE for work as described
in Exhibit A, subject to conditions set forth in this Exhibit B: Budget, Invoicing, and Payment.
1. Budget Detail
Administration of COVID-19 Planning and technical
Description vaccine hourly rate assistance hourly rate
N/A
Scribe $50
$60
MA(MA-R, MA-C) $60
$75
LPN $75
$95
RN $95
$135
MPH. MBA. or related field N/A
$150
PA, NP $95*
$200
DNP+MPH $95*
$250
Physician $95*
N/A
Supplies Cost plus 10%
Mileage between sites in IRS Standard
Lewis County IRS Standard
Total not to exceed $100,000
* Physicians,Physician Assistants,Nurse Practitioners or other's with higher medical training
administering vaccines as part of this contract will be paid at the RN rate, unless serving in a technical
oversight role, in which case they will be paid according to the technical assistance hourly rate.
2. Compensation
Payment to BIRD'S EYE for services rendered under this MOU shall be as set forth in Exhibit
B. Where Exhibit B requires payments by Lewis County, payment shall be made on a
reimbursement basis, supported,unless otherwise provided in Exhibit B,by documentation of
units of work actually performed (time sheets) and amounts earned, including where
appropriate, the actual number of days worked each month, total number of hours for the
month, and total dollar payment requested.
Costs allowable under this MOU are actual expenditures according to an approved budget up
to the maximum amount stated above. BIRD'S EYE shall use federal cost principles specified
in OMB Circular A-110 "Cost Principles Applicable to Grants, Contracts and other
Agreements"with non-profit organizations as applicable. BIRD'S EYE shall include this last
paragraph in any subcontracts.
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MOU BIRD'S EYE2020
Line-item adjustments to the budget must be requested in writing by BIRD'S EYE County 45
days prior to invoicing based on the requested adjustment(s). Lewis County will notify
BIRD'S EYE of approval or denial prior to invoice period.
Lewis County may withhold reimbursement payment if BIRD'S EYE fails to submit required
invoices and supportive documentation to Lewis County. BIRD'S EYE's failure to submit
invoices as specified is grounds for the Lewis County to terminate the MOU as provided
herein.
3. Invoice Timeframe
BIRD'S EYE shall submit invoices to the Lewis County MOU Representative identified
herein or to other such person identified by the Lewis County MOU Representative by the
10th of each month. BIRD'S EYE shall submit a copy of their internal line-item budget
tracking with their invoice for services.
4. Eligible Use of Funds
Funding awarded under this MOU may only be used for activities described in Exhibit A.
5. Duplicate Payment
BIRD'S EYE certifies that work to be performed under this MOU does not duplicate any work
to be charged against any other Lewis County MOU, subcontract or funding from any other
source.
6. Audit
i. General Requirements:
BIRD'S EYE is to procure audit services based on the following guidelines:
a. BIRD'S EYE County shall maintain its records and accounts so as to facilitate the
audit requirement and shall ensure that any subcontractor also maintains auditable
records.
b. BIRD'S EYE is responsible for any audit exceptions incurred by its own organization
or that of its subcontractor. Lewis County reserves the right to recover from BIRD'S
EYE all disallowed costs resulting from the audit.
c. As applicable, BIRD'S EYE shall be required to have an audit and must ensure all
audits are performed in accordance with Generally Accepted Auditing Standards
(GAAS); including, but not limited to, the Government Auditing Standards (the
Revised Yellow Book)developed by the Comptroller General.
d. Responses to any unresolved management fmdings and disallowed or questioned costs
shall be included with the audit report. BIRD'S EYE must respond to Lewis County
requests for information or corrective action concerning audit issues within thirty(30)
days of the date of request.
ii. The Office of the State Auditor shall conduct the audit.
iii. BIRD'S EYE shall include the above audit requirements in any subcontracts.
iv. In all cases, BIRD'S EYE's financial records must be available for review by Lewis
County.
7. Future Non-Allocation of Funds
If sufficient funds are not appropriated or allocated for payment under this MOU for any future
fiscal period, neither Party will be obligated to make payments for services or amounts
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MOU BIRD'S EYE2020
incurred after the end of the current fiscal period.No penalty or expense shall accrue to either
Party in the event this provision applies.
8. Errors and Omissions Uncompensated
In the event of any errors or omissions by the Parties in the performance of any work required
under this MOU, the Parties shall make any and all necessary corrections without additional
compensation.
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MOU BIRD'S EYE2020
Exhibit C: Insurance Coverage
The Contractor shall provide insurance coverage as set out in this Exhibit to protect the County
should there be any claims,suits,actions,costs,damages or expenses arising from any loss, or
negligent or intentional act or omission of the Contractor or subcontractor, or agents of either,
while performing under the terms of this contract.
All required insurance shall be issued by an insurance company authorized to do business within
the State of Washington. The insurance shall name the County and its agents, officers, and
employees as additional insureds under the insurance policy. All policies shall be primary to any
other valid and collectable insurance. The Contractor shall instruct the insurers to give the
County thirty(30)calendar days advance notice of any insurance cancellation or modification.
The Contractor shall submit to the County within fifteen(15)calendar days of the Contract start
date,proof of insurance identifying Lewis County as Primary,Non Contributory,additionally
Insured,with endorsement(s) for additional insured as indicated below,which outlines the
coverage and limits defined in this insurance section. During the term of the Contract,the
Contractor shall submit renewal certificates with endorsements not less than thirty(30)calendar
days prior to expiration of each policy required under this section.
The Contractor shall provide insurance coverage that shall be maintained in full force and effect
during the term of this Contract,as follows:
1. Commercial General Liability Insurance Policy
Provide a Commercial General Liability Insurance Policy, including grant liability, written
on an occurrence basis, in adequate quantity to protect against legal liability arising out of
Contract activity but no less than $1,000,000 per occurrence. Additionally,the Contractor is
responsible for ensuring that any subcontractors provide adequate insurance coverage for the
activities arising out of subcontracts.
2. Automobile Liability
In the event that performance pursuant to this Contract involves the use of vehicles, owned
or operated by the Contractor or its subcontractor, automobile liability insurance shall be
required. The minimum limit for automobile liability is$1,000,000 per occurrence,using a
Combined Single Limit for bodily injury and property damage.
3. Fidelity Insurance
Every officer,director, employee, or agent who is authorized to act on behalf of the
Contractor for the purpose of receiving or depositing funds into program accounts or issuing
fmancial documents, checks,or other instruments of payment for program costs shall be
insured to provide protection against loss:
i. The amount of fidelity coverage secured pursuant to this Contract shall be$100,000 or
the highest of planned reimbursement for the Contract period, whichever is greatest.
Fidelity insurance secured pursuant to this paragraph shall name the Contractor as
beneficiary.
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MOU BIRD'S EYE2020
ii. Subcontractors that receive $10,000 or more per year in funding through this Contract
shall secure fidelity insurance as noted above. Fidelity insurance secured by
subcontractors pursuant to this paragraph shall name the Contractor as beneficiary.
4. Business Property
The Contractor shall provide business property insurance adequate to repair,replace, or
recreate any County-owned property in the possession of the Contractor, or data,books,
computer programs,plans, specifications,documents, films,pamphlets, reports, sound
reproductions, studies, surveys,tapes, and/or training materials produced by the Contractor
or any subcontractors in the performance of the work under this contract.
5. Industrial Insurance Waiver
The Contractor shall comply with all applicable provisions of Title 51 Revised Code of
Washington, Industrial Insurance. If the Contractor fails to provide industrial insurance
coverage or fails to pay premiums or penalties on behalf of its employees as may be required
by law,County may collect from the Contractor the full amount payable to the Industrial
Insurance Accident Fund. County may deduct the amount owed by the Contractor to the
accident fund from the amount payable to the Contractor by County under this Contract,and
transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of
Insurance Services. This provision does not waive any of L&I's rights to collect from the
Contractor.
6. Volunteer Medical Protection
Contractor shall provide any volunteer who performs any duties related to or covered by this
contract with coverage at no cost to the volunteer for immediate, short-term, and long-term
medical care that substantially matches employee coverage as described in Title 51 Revised
Code of Washington.
Page 14 of 14
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Jan. 25, 2021
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approve Agreement between Lewis County and Bird's Eye Medical to provide COVID-19 vaccine
consultation, coordination, and administration
Contact: Sandi Andrus Phone: 740-1148
Department: PHSS - Public Health & Social Services
Description:
With the emergence of COVID-19 vaccines, the delivery and dispensing to our community
members is a public health priority. The purpose of the MOU is to provide funding from The
Department of Health COVID-19, to prevent, prepare for, and respond to the coronavirus pandemic
among individuals residing in Lewis County. Bird's Eye Medical will provide COVID-19 vaccine
consultation, coordination, and administration for persons residing in Lewis County.
Approvals: Publication Requirements:
Publications:
User Status
Erik Martin Pending
J.P. Anderson Pending
PA's Office Pending
Tammy Martin Pending
Additional Copies: Cover Letter To:
Sandi Andrus, Meja Handlen, Stacey Loflin, Email to Patrick Hastings:
Suzette Smith, Kaity Nissell, Grace Jimenez, Patrick @birdseyemedical.com
Michelle Sauter, Michelle Sabin, Jill Nielson