RES #111323.2_Acting LHO AgreementBOH AGENDA ITEM SUMMARY (Revised 09-16-08)
AGENDA ITEM #_2_ RESOLUTION # 111323.2 BOH MEETING DATE: November 13, 2023
SUGGESTED WORDING FOR AGENDA ITEM: Notice x Consent Hearing
BRIEF REASON FOR BOH ACTION:
The Lewis County Board of Health (BOH) has an appointed Local Health Officer pursuant to RCW 70.05.050.____
However, there may be periods when the position of LHO for Lewis County is vacant or the incumbent LHO may be
absent or incapacitated and unable to fulfill the responsibilities of the LHO._________________________________
SUBMITTED BY: Meja Handlen PHONE: #1234 DATE SUBMITTED: 11/13/2023
CONTACT PERSON WHO WILL ATTEND BOH MEETING: Meja Handlen
TYPE OF ACTION NEEDED:
Approve Resolution Call for Bids/Proposals
Approve Ordinance (traffic or other) Bid Opening
Execute Contract/Agreement Notice for Public Hearing *(see publication requirements)
Other (please describe):
*PUBLICATION REQUIREMENTS: Notice emailed to Clerk Not applicable
Hearing Date: (Must be at least 10 days after 1st publication date) (2 weeks for routine budget, property disposal/ auction or vacations) Publish Date(s): (3 weeks for property lease)
Publications(s): EAST COUNTY JOURNAL CHRONICLE OTHER
ALL AGENDA ITEMS:
Department Director/Head: Accounting/Budget & Payroll Items Prosecuting Attorney Budget/Fiscal Director: Chief Accountant: HR Policy/Personnel Items Banking or Revenue Items HR Administrator Treasurer:
Fund: Department: Total Amount:
CLERK’S DISTRIBUTION OF SIGNED DOCUMENTS:
Send cover letter: Additional copies:
Kendra Garrison
Address of recipient: Meja Handlen
File Original Kendra Garrison
*APPROVALS
MUST BE
OBTAINED
SUBMITTING ITEM TO BOH
Approve an Interlocal Agreement for Acting Health Officer Coverage Between Washington State Department
of Health and Lewis County__________________________________________________________________
BEFORE THE BOARD OF HEALTH (BOH)
OF LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: Approve an Interlocal Agreement for Acting Health Officer Coverage Between Washington State
Department of Health and Lewis County
) ) )
)
Resolution No._111323.2___________
WHEREAS, the Lewis County Board of Health (BOH) is required to appoint a Local Health Officer
pursuant to RCW 70.05.050; and WHEREAS, Lewis County has an agreement in place that provides for an incumbent Local Health Officer (LHO) for Lewis County; and
WHEREAS, there may be periods when the position of LHO for Lewis County is vacant or the incumbent LHO may be absent or incapacitated and unable to fulfill the responsibilities of the LHO, and it is imperative that the responsibilities of the LHO that require timely public health action be fulfilled for the LHJ during these periods; and
WHEREAS, at its sole discretion and per its guidelines and process, Lewis County may agree to the appointment of a Department Regional Medical Officer (“RMO”) to serve as acting health officer for the LHJ to fulfill the responsibilities of the LHO during a vacancy or period of absence or incapacity; and
WHEREAS, the term of this Agreement shall commence on the date this agreement is executed by all parties and shall remain in effect indefinitely, unless terminated earlier per the terms of the Agreement; and
WHEREAS, it appears to be in the best public interest to authorize the execution of said
agreement. NOW THEREFORE BE IT RESOLVED that the Lewis County BOH hereby approves an Interlocal Agreement for Acting Health Officer Coverage Between Washington State Department
of Health and Lewis County; and authorizes the Director of Public Health & Social Services to
sign the same.
DONE IN OPEN SESSION this 13th day of November, 2023. APPROVED AS TO FORM: BOARD OF HEALTH Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
______________________________ ________________________________ By: Lindsey R. Pollock, DVM, Chair Deputy Prosecuting Attorney
ATTEST: Sean Swope, Vice Chair Kendra Garrison, Clerk of the BOH Scott J. Brummer, Member
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INTERLOCAL AGREEMENT FOR ACTING HEALTH OFFICER COVERAGE BETWEEN
WASHINGTON STATE DEPARTMENT OF HEALTH
AND _____________
Agreement made this ____ day of ___________ 20___ by and between Washington State Department
of Health (“Department”) and ______________ (“LHJ”) pursuant to RCW 39.34.080.
WHEREAS, there may be periods when the position of Local Health Officer (“LHO”) for the LHJ is vacant
or the incumbent LHO may be absent or incapacitated and unable to fulfill the responsibilities of the
LHO, and it is imperative that the responsibilities of the LHO that require timely public health action be
fulfilled for the LHJ during these periods; and
WHEREAS, in its sole discretion and per its guidelines and process, the Department may agree to the
appointment of a Department Regional Medical Officer (“RMO”) to serve as acting health officer for the
LHJ to fulfill the responsibilities of the LHO during a vacancy or period of absence or incapacity; and
WHEREAS, _____________, has been appointed to the position of RMO for ___________ Washington.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. Designation of Authority.
a. Pursuant to RCW 70.05.080, the RMO will serve as acting health officer for the LHJ as
requested by an authorized official for the LHJ, provided that:
i. The local board of health or official responsible for appointing the local health
officer has appointed the RMO to serve as acting health officer for the LHJ;
ii. The LHJ has complied with the Department’s guidelines and process for
requesting LHO coverage; and
iii. The Department approves the request for LHO coverage in writing.
b. The Department retains full authority and discretion to approve or deny a request for
acting health officer coverage.
c. The RMO shall have the same duties, powers and authority as a regularly appointed LHO
while serving as acting health officer and will exercise such duties, powers and authority
in accordance with applicable law and under the direction of the local board of health
or, if any, the LHJ’s administrative officer.
d. The RMO shall acknowledge their appointment as acting health officer. Notwithstanding
anything to the contrary herein, the RMO shall have the discretion to decline to take any
action that the RMO is requested or directed to take, including, but not limited to,
actions that, in the RMO’s judgment, can be delayed until the appointment of a
permanent LHO in the case of a vacancy or return of the incumbent LHO without
jeopardizing the public health or do not protect or promote the public health.
e. The RMO’s authority to serve as acting health officer will terminate upon the earliest of
the expiration of the term of this Agreement as provided in section 3, when a
permanent LHO is appointed in the case of a vacancy, when the incumbent LHO is no
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longer absent or incapacitated and is able to fulfill their responsibilities, or written
notification of termination as provided in section 4.
2. Indemnification / Hold Harmless/Insurance. The LHJ shall defend, indemnify, and hold harmless
the RMO and the Department and its officers, officials, employees, and volunteers from any and
all claims, injuries, damages, losses, or suits, including attorney fees, arising out of or in
connection with the performance of this Agreement, except for injuries and damages caused by
the willful and wanton negligence of the RMO or the Department or its officers, officials,
employees, or volunteers. The LHJ must provide liability insurance coverage for the RMO that is
equivalent to the coverage provided for the LHO.
3. Term. The term of this Agreement shall commence on the date this agreement is executed by all
parties and shall remain in effect until (INSERT DATE), unless terminated earlier per the terms of
this Agreement. The parties may extend the term of this Agreement by written mutual
agreement.
4. Termination. Either Party may terminate the agreement at their sole discretion. Termination
shall be effective upon receipt of written notice by mail or email, or within three days of the
mailing of the notice, whichever occurs first.
5. Extent of Agreement/Modification. This Agreement, together with any attachments or
addenda, represents the entire and integrated Agreement between the parties and supersedes
all prior negotiations, representations, or agreements, either written or oral. This Agreement
may be amended, modified, or added to only by written instrument properly signed by both
parties.
6. Notices.
Notices to the LHJ shall be sent to:
The following mailing address:
_______________________________
Or the following email address:
Notices to the Department shall be sent to:
The following mailing address:
Washington State Department of Health
1610 NE 150th St
Shoreline, WA 98155
Or the following email address:
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Receipt of any notice shall be deemed effective upon actual receipt or three (3) days after
deposit of written notice in the U.S. mail with proper postage and address, whichever occurs
first.
7. Property and Equipment. Upon termination or non-renewal of this agreement, all property
purchased by the LHJ in furtherance of this agreement shall remain the property of the LHJ and
all property purchased by the Department in furtherance of this agreement shall remain the
property of the Department. All property shall be returned to its owner upon termination or
non-renewal of this Agreement.
8. Filing. The LHJ shall be responsible for complying with the requirements of RCW 39.34.040 with
respect to this agreement.
9. Authority to Bind Parties and Enter Into Agreement. The undersigned represent that they have
full authority to enter into this Agreement and to bind the parties for and on behalf of the legal
entities set forth below.
(INSERT LHJ) Washington State Department of Health
_______________________________ _____________________________
Secretary of Health, or Designee
Date: __________________________ Date: ________________________