Approve ILA with Tacoma-Pierce County Health Department to access online food worker class. BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-284
APPROVE INTERLOCAL AGREEMENT BETWEEN
TACOMA-PIERCE COUNTY HEALTH DEPARTMENT
AND LEWIS COUNTY TO ACCESS ONLINE FOOD
WORKER CLASS
WHEREAS, the Board of County Commissioners (BOCC), Lewis County,
Washington, has reviewed Agreement #1061-16-2026 between Lewis County and
Tacoma-Pierce County Health Department (TPCHD); and
WHEREAS, the agreement will provide Lewis County residents access to the
online food worker training and testing developed and implemented by TPCHD
from January 1, 2022, through December 31, 2026; and
WHEREAS, per WAC Chapter 246-217, TPCHD will receive $3 of the $10 fee for
each original or renewal food worker card provided online and $1 for each
replacement card issued to a resident of Lewis County and any out-of-state
resident who states he or she works in Lewis County with Lewis County retaining
the balance collected; 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 interlocal agreement
#1061-16-2026 between TPCHD and Lewis County from January 1, 2022, through
December 31, 2026 to access online food worker class is hereby approved and
the Director of Public Health & Social Services is authorized to sign the same.
DONE IN OPEN SESSION this 3rd day of August, 2021.
Page 1 of 2 Res. 21-284
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Eric Eisenberg Absent
By: Eric Eisenberg, Gary Stamper, Chair
Chief Civil Deputy Prosecuting Attorney
ATTEST: • S �9'• Lindsey R. Pollock, DVM
• C 's'`I•.
Q°P DOF Lfdsey R. Pollock, DVM, Vice Chair
:4 E
• 1g45•
:sap
•.,5, Sean D. Swope
Rieva Lester ._y.;.,.O>;..•.• p
Rieva Lester, Sean D. Swope, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 21-284
EXECUTIVE SUMMARY
for
2022-2026 Online Food Worker Cards Interlocal Agreement
Between
Tacoma-Pierce County Health Department (TPCHD) &
Lewis County Public Health & Social Services (LCPHSS)
Description
This agreement, # 1061-16-2026, allows Lewis County residents to access online food
worker training and testing and receive food worker cards from TPCHD as permitted
under Chapter 246-217 WAC.
This agreement is effective from 1/1/2022 through 12/31/2026. TPCHD will retain a
$3.00 per card fee as payment for the services from each online food worker card
issued to a resident of Lewis County and any out-of-state resident who states he or
she works in Lewis County. The balance of the monies collected under Chapter 246-
217 WAC shall be remitted to LCPHSS. Currently $10.00 is collected for each card
issued, so LCPHSS will receive $7.00 per card issued.
Recommendation
Approve resolution
Budget Impact
Fund: 190-622-656-000
Amount: estimated at $5,000 per year
Cover Letter
Send a signed copy to:
Donald Foreman
Project Manager
Tacoma-Pierce County Health Department
3629 South D Street
Tacoma, WA 98418
Phone: (253) 649-1707
Fax: (253) 649-1360
Email: dforeman@tpchd.org
DocuSign Envelope ID:73C7BB3E-3D15-4FF1-A9AC-79F6D74390F0
Interlocal Agreement#1061-16-2026
INTERLOCAL AGREEMENT
BETWEEN
TACOMA-PIERCE COUNTY HEALTH DEPARTMENT
And
LEWIS COUNTY PUBLIC HEALTH &SOCIAL SERVICES
This Interlocal Agreement is made and entered into by and between the Tacoma-Pierce County Health
Department, hereinafter referred to as DEPARTMENT, and LEWIS COUNTY PUBLIC HEALTH & SOCIAL
SERVICES hereinafter referred to as the Local Health Jurisdiction. The DEPARTMENT and the Local Health
Jurisdiction are collectively referred to as the"parties."
I. RECITALS
WHEREAS,the DEPARTMENT and the Local Health Jurisdiction are local health departments as provided for
under Chapters 70.05, 70.08, or 70.46 RCW, with authority under Chapter 246-217 WAC to issue food worker
cards; and
WHEREAS, it is the purpose of this Interlocal Agreement to provide for the funding and execution of services as
described in Addenda A and B, attached hereto and incorporated herein; and
WHEREAS,the parties have the authority to enter into this Agreement pursuant to RCW 39.34.080.
II. DEFINITIONS
As used herein,the following terms shall have the meanings set forth below:
A. Agreement means this Interlocal Agreement together with the attached Addenda, and any other
documents incorporated therein. Any oral representations or understandings not incorporated herein are
excluded. Attached hereto and made a part hereof for all purposes are the following:
Addendum Number of Pages Description
A 2 Scope of Work
B 1 Allocation of Fees
B. Department Representative means the individual or individuals designated and authorized by the
DEPARTMENT to receive notices and to act for it in all matters relating to this Agreement,or the designee
of such individual.
C. Local Health Jurisdiction's Representative means the individual designated and authorized by the
Local Health Jurisdiction to receive notices and to act for it in all matters relating to this Agreement,or
the designee of such individual.
D. Services means all work performed by the DEPARTMENT or the Local Health Jurisdiction pursuant
to and governed by this Agreement, including Addenda A and B.
III.TERM
The term of this Agreement shall be:January 1.2022 through December 31,2026, unless amended or terminated
earlier pursuant to the terms and conditions herein. Should this Agreement be signed after the term beginning
date stated herein, then it shall be retroactive and binding to that date.
IV. PAYMENT
Payment for the services described in Addendum A shall be provided as set forth in Addendum B,attached hereto
and incorporated by reference.
DocuSign Envelope ID:73C7BB3E-31115-4FF1-A9AC-79F6074390F0
Interlocal Agreement#1061-16-2026
V. HOLD HARMLESS
Except as otherwise provided herein, each party shall defend, protect,and hold harmless the other party, and its
appointed and elected officials, employees, and agents from and against all liability, loss, cost, damage and
expense, including but not limited to costs and attorney's fees, because of claims, suits and/or actions arising
from any negligent or intentional act or omission asserted or arising or alleged to have arisen directly or indirectly
out of or in consequence of the performance of this Agreement by that party's appointed or elected officials,
employees, and agents.
VI. RECORDS MAINTENANCE
The DEPARTMENT and the Local Health Jurisdiction shall each maintain books, records, documents, and
other materials, including but not limited to online data, that sufficiently and properly reflect all direct and indirect
costs expended by either party in the performance of the services described herein. These records shall be
subject to copying, inspection, review,or audit by personnel of either party, and other personnel duly authorized
by law. The DEPARTMENT shall retain all books, records, documents, online data, and other material relevant
to the services described in Addendum A, which materials shall be made available to the Local Health
Jurisdiction upon request.
VII.TERMINATION
Except as otherwise provided for herein, either party may terminate this Agreement by giving the other party at
least one hundred eighty(180)days written notice. If this Agreement is so terminated, each party shall be liable
only for performance in accordance with the terms stated herein for services rendered prior to the effective date
of termination.
VIII. CHANGE IN FUNDING
If the funding authorities of the DEPARTMENT (Federal, State, and local agencies)fail to appropriate funds to
enable the DEPARTMENT to continue payment as specified in this Agreement or if the Board of Health reduces
the budget of the DEPARTMENT or any program(s) and, as a result of the Board of Health's action, the
DEPARTMENT's Director of Health determines there are insufficient funds to continue payment as specified in
this Agreement,then the DEPARTMENT may modify or cancel this Agreement without penalty provided that the
Local Health Jurisdiction receives at least ninety(90)days prior written notice of lack of appropriated funds as
the reason for the modification or termination. Any modification of this Agreement shall be effective only upon
incorporation into a written amendment as set forth in Section XI.
IX.INTERPRETATION gI
In the event of an inconsistency found in the terms and conditions contained within this Agreement, unless
otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order:
• Applicable Federal and State Statutes and Regulations;
• Addenda A and B; and
• The provisions of this Agreement.
X. PERFORMANCE
The DEPARTMENT shall perform all services in accordance with all applicable professional standards and agrees !�
that it will use only qualified, competent personnel in the execution of these services.
Xl.AMENDMENTS
Either party may request changes to this Agreement. Proposed changes,which are mutually agreed upon, shall
be incorporated by written amendments to this Agreement. No changes to this Agreement are valid or binding on
either party unless first reduced to writing and signed by the Representatives of both parties.
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DocuSign Envelope ID:73C7BB3E-3D15-4FF1-A9AC-79F6D74390F0
Interlocal Agreement#1061-16-2026
XII. NON-DISCRIMINATION
Each party covenants that in providing the services described in Addendum A, no person shall be excluded from
participation therein, denied the benefits thereof,or otherwise be subjected to discrimination with respect thereto
on the grounds of marital status, presence of any sensory, mental, or physical handicap, unless based upon a
bona fide occupational qualification, race, creed, color, national origin, age, religion, gender, sexual orientation,
disabled veteran status or Vietnam Era Veteran status.
XIII. DISPUTES
This Agreement shall be administered and interpreted under the laws of the State of Washington. In the event
that a dispute arises in the interpretation or application of this Agreement, both parties are to proceed to good
faith negotiation to resolve said disputes. The parties may also agree in writing to mediation if negotiation is not
successful in resolving the dispute. However, in the event such disputes cannot be resolved, the dispute may be
appealed to the parties' Local Health Officer or his /her designee for resolution. In the event the Local Health
Officers are unable to resolve the dispute,either party may pursue relief in Superior Court. Jurisdiction of litigation
arising from this Agreement shall be in the State of Washington. Venue for all actions arising pursuant to this
Agreement shall lie within Pierce County, Washington.
XIV. SERVICES MANAGEMENT
The work described in Addendum A shall be performed under the coordination and cooperation of both party
representatives. Each party shall provide assistance and guidance to the other party as necessary for the
successful performance and goals of this Agreement.
XV.ALL WRITINGS CONTAINED HEREIN
This Interlocal Agreement contains all the terms and conditions acknowledged by both parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or
bind the parties hereto. This Agreement supersedes any prior written agreements between the parties relating to
the work described in Addendum A.
IN WITNESS THEREOF the parties hereto have executed this Agreement as of the date(s)set forth below.
Local Health Jurisdiction Authorized Signature DEPARTMENT Authorized Signature
2 J -C�e%f 0 bJ21
J.P. Anderson Date Nigel Tur Date
Director Division Director
Lewis County Public Health &Social Services ` j iJ /� "�/� f
Sc
360 NW North Street Christopher huler Date
Chehalis,WA 98532 Business Manager
(360)740-1231
Tacoma-Pierce County Health Department
3629 South D Street, MS 001
Tacoma,WA 98418
(253)649-1500
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DocuSign Envelope ID:73C7BB3E-3015-4FF1-A9AC-79F6074390F0
Interlocal Agreement#1061-16-2026
ADDENDUM A: SCOPE OF WORK AND SPECIFIC CONDITIONS
This Addendum A applies to Agreement #1061-34-2026 between The TACOMA-PIERCE COUNTY HEALTH
DEPARTMENT(DEPARTMENT)and LEWIS COUNTY PUBLIC HEALTH&SOCIAL SERVICES(Local Health
Jurisdiction). In addition to the terms and conditions set forth in the Agreement, the parties agree as follows.
1. Local Health Jurisdiction's Responsibilities:
1.1. Authorize the DEPARTMENT by means of this Agreement to act as the Local Health Jurisdiction's
"Designated Agent" and provide online food worker training, testing and card issuance to residents of
Lewis County and any out-of-state residents who state they work in Lewis County, as permitted under
Chapter 246-217 WAC.
1.2. Hold the DEPARTMENT harmless from any actual or purported loss of online food worker training,
testing and card issuance income during times of unavoidable lack of access to the DEPARTMENT's
training, testing and card issuance web site.
1.3. Maintain the security of the data originating from and contained in the online food worker card database.
This includes but is not limited to adhering to the standard practices for strong password generation and
user account management. The Local Health Jurisdiction shall not grant unauthorized parties access
to the confidential data originating from or contained in the online food worker card database.
2. The DEPARTMENT's Responsibilities:
2.1. Provide online food worker training, testing and card issuance services as a designated agent of the
Local Health Jurisdiction in accordance with the State of Washington's requirements under Chapter
246-217 WAC.
2.2. Ensure a good-faith effort to maintain a training,testing and card issuance web site that functions and is
accessible to residents of Lewis County and any out-of-state residents who state they work in Lewis
County.
2.3. Provide Local Health Jurisdiction with the location of a website to which residents of Lewis County
and any out-of-state residents who state they work in Lewis County may be directed for online training,
testing and card issuance.The DEPARTMENT may change the location of the website,but must provide
re-direction to a new site with a minimum of thirty(30)days advance notice to Local Health Jurisdiction.
2.4. Provide access to the software to print a food worker card with the Local Health Jurisdiction logo which
shall be valid throughout the State of Washington for a minimum period of two years from the date of
issuance.
2.5. Establish a secure online payment gateway and service that will permit online payment services via,
credit cards, including but not limited to Visa and MasterCard, as well as debit cards.
2.6. Provide and pay for an online maintenance agreement with an outside contractor to provide technical
support of the website and online programming of the online food worker card software.
2.7. Provide Local Health Jurisdiction with a written statement of income on a quarterly basis, or as
frequently as the parties may otherwise agree, or a link to an online report providing the same
information.
2.8. Provide support and service to Local Health Jurisdiction during regular DEPARTMENT hours of
operation to ensure Local Health Jurisdiction has the ability to respond to queries from residents of
Lewis County and any out-of-state residents who state they work in Lewis County.
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Interlocal Agreement#1061-16-2026
3. Public Records Requests.
3.1 The DEPARTMENT holds the records and data generated by the Food Workers Card software as the
Local Health Jurisdiction's designee. The DEPARTMENT will provide all such materials to the Local
Health Jurisdiction in response to any public record request the Local Health Jurisdiction may
receive relating to the Food Workers Card database.The Local Health Jurisdiction will be responsible
for releasing the records to the requester in accordance with Chapter 42.56 RCW and Chapter 44-14
WAC. When the Local Health Jurisdiction requests records, the Local Health Jurisdiction must
clearly describe the records that are being requested. The DEPARTMENT will notify the Local Health
Jurisdiction as to the number of days it will take to gather the responsive records. Any public records
requests received by the DEPARTMENT will be fulfilled by the DEPARTMENT. In the event the
DEPARTMENT receives a request for public records regarding the Local Health Jurisdiction's
records, the DEPARTMENT will notify the Local Health Jurisdiction of the request prior to releasing
the records.
4. Liaisons for the Agreement:
On behalf of the DEPARTMENT: Donald Foreman
Project Manager
Tacoma-Pierce County Health Department
3629 S D Street
Tacoma,WA 98418
Phone: (253)649-1707
Fax: (253)649-1360
Email: dforeman(a,tpchd.orq
On behalf of the Local Health Jurisdiction:
Meredith Jones
Senior Environmental Health Specialist
Lewis County Public Health&Social Services
360 NW North Street
Chehalis,WA 98532
Phone: (360)740-1231
Fax(360)740-1438
Email: Meredith.Jones .lewiscountvwa.gov
{
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DocuSign Envelope ID:73C7BB3E-31315-4FF1-A9AC-79F6D74390F0
Interlocal Agreement#1061-16-2026
ADDENDUM B: ALLOCATION OF FOOD WORKER CARD FEES
This Addendum B applies to Agreement #1061-16-2026 between The TACOMA-PIERCE COUNTY HEALTH
DEPARTMENT(DEPARTMENT)and LEWIS COUNTY PUBLIC HEALTH&SOCIAL SERVICES(Local Health
Jurisdiction). In addition to the terms and conditions set forth in the Agreement and Addendum A, the parties
agree as follows:
1. Fee Allocation and Method of Payment:
I
1.1. During the period January 1.2022 through December 31,2026,the DEPARTMENT will collect on behalf
of the Local Health Jurisdiction the maximum fee established under Chapter 246-217 WAC, as now
or hereafter amended.
1.2. The DEPARTMENT will retain a $3.00 per card fee as payment for the services described in this
Agreement from each online food worker card issued online to a resident of Lewis County and any out-
of-state resident who states he or she works in Lewis County and who enters the
www.foodworkercard.wa.gov testing website (or a successor site) by means of the Local Health
Jurisdiction's web link, the DEPARTMENT's web link, or any other approved link. The balance of the
monies collected under Chapter 246-217 WAC shall be remitted to the Local Health Jurisdiction in
accordance with the terms set forth below.
1.3. The DEPARTMENT may impose and retain a surcharge or equivalent assessment intended to recoup
any credit card processing fees. Such a surcharge or equivalent assessment will be paid directly by the
food worker(not by the Local Health Jurisdiction),and shall not be included in the fee allocations and
methods of payment described elsewhere in this section.
1.4. If the actual and indirect costs incurred by the DEPARTMENT to provide the services described in this
Agreement exceed $3.00 per card,the DEPARTMENT may, in its sole discretion, increase the amount
it retains as payment for services to offset the difference and the amount remitted to the Local Health
Jurisdiction will be reduced. Written notice of rate increases, if any, will be provided in writing ninety
(90)days in advance to the Local Health Jurisdiction.The Local Health Jurisdiction may terminate
this Agreement by giving (90)days written notice in the event of a rate increase.
1.5. The DEPARTMENT will retain a $1.00 per card fee for the services described in this Agreement from
each replacement food worker card issued online to a resident of Lewis County and any Lewis out-of-
state
resident who has lost his or her original food worker card; provided, he or she works in County,
purchases a replacement— food worker card without taking the online test, and enters the
www.foodworkercard.wa.gov testing website (or a successor site) by means of the Local Health
Jurisdiction's web link,the DEPARTMENT's web link, or any other approved link. The balance of the
monies collected under Chapter 246-217 WAC shall be remitted to the Local Health Jurisdiction in
accordance with the terms set forth below.
1.6. If a food worker from a Local Health Jurisdiction challenges the validity of a payment for an online food
worker card and the credit card company charges back or reverses the payment, the Local Health
Jurisdiction agrees to pay any fees and costs associated with the cost of the reversal. Currently these
fees are$25.00 per transaction in addition to the actual amount reversed.
1.7. The DEPARTMENT shall remit monies owed to the Local Health Jurisdiction on a quarterly basis,
together with a written statement of income received, or as frequently as the parties may otherwise
agree,or a link to an online report providing the same information.Said funds and the quarterly statement
shall be mailed to the Local Health Jurisdiction at the address stated below within 20 business days
of the end of the quarter.
1.8. At the written request of the Local Health Jurisdiction Representative the DEPARTMENT may enter
into agreements with institutions such as Department of Corrections to provide food worker cards for
residents of Lewis County that are not permitted internet access. The DEPARTMENT will retain
$10.00 per card fee for this service.
6
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Aug. 3, 2021
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approve Interlocal Agreement between Tacoma-Pierce County Health Department and Lewis
County to access online food worker class
Contact: Sandi Andrus Phone: 360-740-1148
Department: PHSS - Public Health & Social Services
Description:
Allows Lewis County residents to access online food worker training and testing and receive food
worker cards from Tacoma-Pierce County Health Department as permitted under Chapter 246-217
WAC.
Approvals: Publication Requirements:
Publications:
User Status
Erik Martin Pending
J.P. Anderson 31 Pending
PA's Office Pending
Tammy Martin Pending
Additional Copies: Cover Letter To:
Sandi Andrus, John Abplanalp, Meredith Donald Foreman, Project Manager
Jones, Grace Jimenez, Michelle Sauter, Jill Tacoma-Pierce County Health Department
Nielson, Sherri Dokken, Bryan Hall 3629 South D Street
Tacoma, WA 98418