MOU with Twin Transit to provide transportation services, COVID-19 mass vaccination events. BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-121
APPROVE A MEMORANDUM OF UNDERSTANDING
BETWEEN LEWIS COUNTY AND TWIN TRANSIT TO
PROVIDE TRANSPORTATION SERVICES FOR
ELIGIBLE LEWIS COUNTY RESIDENTS TO
COVID-19 MASS VACCINATION EVENTS
WHEREAS, the Board of County Commissioners (BOCC), Lewis County,
Washington, has reviewed the Memorandum of Understanding between Lewis
County and Twin Transit for the period of February 16, 2021, through March 31,
2021; and
WHEREAS, Twin Transit shall provide services to assist Lewis County with the
management of community drive-thru COVID-19 vaccination events; and
WHEREAS, compensation will be paid to Twin Transit which shall not exceed
$50,000; and
WHEREAS, it appears to be in the best public interest to authorize the execution
of said contract for Lewis County.
NOW THEREFORE BE IT RESOLVED that the Memorandum Of Understanding
between Twin Transit and Lewis County in the amount of $50,000 for February 16,
2021, through March 31, 2021, is hereby approved, and the Director of Public
Health & Social Services is authorized to sign the same.
DONE IN OPEN SESSION this 30th day of March, 2021.
Page 1 of 2 Res. 21-121
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
ATTEST: ••'c - "'.5•• Lindsey R. Pollock, DVM•Gnrdsey R. Pollock, DVM, Vice Chair
•�: E
SIN C f,.:
1g45 241:
•• o f.
Rieva Lester '•:rlti.` o?;.5.;:• Sean D. Swope
Rieva Lester, Sean D. Swope, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 21-121
Executive Summary
Memorandum of Understanding # TwinTransit2l
Between Twin Transit and
Lewis County Public Health & Social Services
Description
The purpose of the contract is to provide sign up services for COVID-19 mass vaccination clinics in
Lewis County, and provide transportation services for eligible Lewis County residents to COVID-19
mass vaccinations. These services are essential to help mitigate and reduce the spread of
COVID-19 in Lewis County.
Recommendation
Approve resolution
Budget Impact
Fund: 141 P6226 - COVIDVAC .
Amount: $ 50,000.00
These funds were not anticipated for the 2021 fiscal year
Duration: February 16, 2021 — March 31, 2021
Cover Letter:
Emailed to Joe Clark
Joe(a�twintransit.org
Submitted by: Michael Baum
360 NW North Street
Public Health & Social Services Chehalis WA 98532
LEWIS COUNTY
Memorandum of Understanding
Memorandum of Understanding#: TwinTransit2l
Memorandum of Understanding Name: Twin Transit Mobile Vaccination
This Memorandum of Understanding is entered into by and between Lewis County Public health
& Social Services, herein after referred to as County, and Twin Transit, herein after referred to as
Twin Transit.
Preamble
Purpose
The purpose of this Memorandum of Understanding("MOU") is to contract for Twin Transit,
under direction of the County:
• Plan, prepare, provide transportation and sign up for COVID-19 mass vaccination mobile
clinics for residents 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 TWINTRANSIT2I
WHEREAS, Lewis County has applied for and been approved to receive Department of Health
and Federal Emergency Management Agency funding to pay for provision of these services
by Twin Transit 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 Twin Transit's Services
Lewis and TWIN TRANSIT 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 TWIN TRANSIT unless otherwise
provided for in this MOU.
2. Accounting and Payment for Services
Payment to Lewis and TWIN TRANSIT 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 TWIN TRANSIT will not reimburse the other for any costs or
expenses incurred outside the performance of this MOU.
County and TWIN TRANSIT acknowledges that the entire compensation for this MOU is
specified in Exhibit B. TWIN TRANSIT 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 TWIN TRANSIT.
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
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MOU TWINTRANSIT21
to fulfill its obligations pursuant to this section and due in whole or in part to such failure a
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 FEMA Funding
TWIN TRANSIT acknowledges and understands this agreement is subject the overall project
approval for County of its application for DOH FEMA funding. In the event County is unable
to obtain CARES Act Funding, County,in its sole discretion, may terminate the MOU,in whole
or in part. TWIN TRANSIT shall be entitled to payment for actual work performed at unit
MOU prices for completed items of work. County shall make a reasonable, equitable
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MOU TWINTRANSIT2 I
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 at any time as a result of a denial of DOH FEMA 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
Page 4 of 13
MOU TWINTRANSIT21
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.
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 TWIN
TRANSIT 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.
Page 5 of 13
MOU TWINTRANSIT21
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.
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.
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MOU TWINTRANSIT21
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.
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
J.P. Anderson
ipanderson@levrisoctintwa.gov
360-740-2787
For the Contractor:
Joe Clark
Joe @,twintrans it.org
360-330-2072
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 TWIN TRANSIT, 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 TWIN TRANSIT.
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 TWIN TRANSIT,
or its MOU Representative.
Page 7 of 13
MOU TWINTRANSIT2I
IN WITNESS THEREOF, this executed on 15 day of March ,2021.
Accepted: Accepted:
LEWIS COUNTY TWIN TRANSIT
Public Health and Social Services
4n/t/L' AV,/ 74W ,r 0 /
J.P Anderson Joe Clark
Director LCPHSS Administrator TWIN TRANSIT
Dated: b. 12-11 Dated: 03/15/2021
APPROVED AS TO FORM:
JONATHAN MEYER
Prosecuting Attorney Agli■Zbh
mber Smith, WS A# 53121
Page 8 of 13
MOU TWINTRANSIT2I
Exhibit A: Statement of Work and Reporting Requirements
The purpose of this Statement of Work is to detail the work to be performed by TWIN TRANSIT
and the methods and content for reporting progress by TWIN TRANSIT in fulfilling all duties
encompassed in this MOU.
The term of this MOU shall commence on February 16, 2021 and terminate on March 31, 2021.
TWIN TRANSIT shall administer funds awarded hereunder,to support mass vaccination activities
related to mitigating and reducing the spread of COVID-19 within Lewis County. Activities shall
include, but not be limited to, the following:
Task T ask/Activity/Description Deliverables/Outcomes Reporting Requirement Due Date
Number
#1 Provide sign up services Create and implement a sign up 1. Submit With
for COVID-19 mass service for eligible groups documentation invoice
vaccination clinics in to obtain COVID-19 mass of staff hours by the
Lewis County vaccinations at Bird's Eye specific to 10`h of
run clinics budget line each
items. month
2. Submit number
of call lines and
number of calls
to those lines
3. Submit number
of persons
signed up for
specific clinics
#2 Provide transportation Create and implement 1. Submit With
services for eligible Lewis transportation services for documentation invoice
County residents to persons pre-scheduled to of staff hours by the
COVID-19 mass receive the COVID-19 mass specific to the 10th of
vaccinations vaccination at a Bird's Eye budget line each
run clinics items. month
2. Submit
documentation
of transportation
services
provided
including
number of
persons and
location
Page 9 of 13
MOU TWINTRANSIT2I
Exhibit B: Budget, Invoicing, and Payment
Lewis County shall pay an amount not to exceed $50,000 to TWIN TRANSIT within contract
window for work as described in Exhibit A, subject to conditions set forth in this Exhibit B:
Budget, Invoicing, and Payment.
1. Budget Detail
Description Amount
Hourly rate for up to four FTE call center
supports not to exceed$19.48 per hour $27,012
Hourly rate for up to five.5 FTE vaccine shuttle
drivers for a maximum of$25.00 per hour $7,653
Hourly rate for up to one FTE call center
supervisor not to exceed$23.98 per hour $8,314
One time supplies and services as needed to
create a mobile call center $4,011
Supplies as need to run a mobile call center not
to exceed $1,505 per month $3,010
Total not to exceed $50,000
2. Compensation
Payment to TWIN TRANSIT for services rendered under this MOU shall be as set forth in
Exhibit B. Services outside of the MOU term timeframe of February 16,2021 through March
31, 2021 are ineligible for reimbursement without an executed, mutually agreed upon
amendment. 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. TWIN TRANSIT 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. TWIN TRANSIT shall include this
last paragraph in any subcontracts.
Line-item adjustments to the budget must be requested in writing by TWIN TRANSIT to
County 5 business days prior to invoicing based on the requested adjustment(s). Lewis County
will notify TWIN TRANSIT of approval or denial prior to invoice period.
Lewis County may withhold reimbursement payment if TWIN TRANSIT fails to submit
required invoices and supportive documentation to Lewis County. TWIN TRANSIT's failure
to submit invoices as specified is grounds for the Lewis County to terminate the MOU as
provided herein.
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MOU TWINTRANSIT21
3. Invoice Timeframe
TWIN TRANSIT 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. TWIN TRANSIT 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. Ineligible Use of Funds
If any entity is billing any third party for any vaccination services or supplies, it disqualifies
them from participating and billing their cost to their Local Health Jurisdiction an or Lewis
County Public Health&Social Services.
6. Duplicate Payment
TWIN TRANSIT 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.
7. Audit
i. General Requirements:
TWIN TRANSIT is to procure audit services based on the following guidelines:
a. TWIN TRANSIT 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. TWIN TRANSIT is responsible for any audit exceptions incurred by its own
organization or that of its subcontractor. Lewis County reserves the right to recover
from TWIN TRANSIT all disallowed costs resulting from the audit.
c. As applicable, TWIN TRANSIT 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 findings and disallowed or questioned costs
shall be included with the audit report. TWIN TRANSIT 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. TWIN TRANSIT shall include the above audit requirements in any subcontracts.
iv. In all cases, TWIN TRANSIT's financial records must be available for review by Lewis
County.
8. 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
incurred after the end of the current fiscal period.No penalty or expense shall accrue to either
Party in the event this provision applies.
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MOU TWINTRANSIT2 1
9. 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.
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
financial 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.
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MOU TWINTRANSIT2I
Fidelity insurance secured pursuant to this paragraph shall name the Contractor as
beneficiary.
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 13 of 13
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: March 30, 2021
Suggested Wording for Agenda Item: Agenda Type: Deliberation
APPROVE A MEMORANDUM OF UNDERSTANDING TO PROVIDE TRANSPORTATION SERVICES FOR
ELIGIBLE LEWIS COUNTY RESIDENTS TO COVID-19 MASS VACCINATIONS BETWEEN LEWIS COUNTY
AND TWIN TRANSIT
Contact: Susan Caldwell Phone: 3607401224
Department: PHSS - Public Health & Social Services
Description:
The purpose of the contract is to provide sign up services for COVID-19 mass vaccination clinics in
Lewis County, and provide transportation services for eligible Lewis County residents to COVID-19
mass vaccinations. These services are essential to help mitigate and reduce the spread of
COVID-19 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, Stacey Loflin, Suzette Smith, Joe Clark Twin Transit Joe @twintransit.org
Grace Jimenez, Michelle Sauter, Michelle
Sabin, Jill Nielson, Lee Wlazlak, Meja Handlen