Approve an MOU with Valley View health Center, COVID-19 BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-196
APPROVING MOU BETWEEN VALLEY VIEW
HEALTH CENTER AND LEWIS COUNTY TO
PROVIDE TESTING STRIKE TEAMS AND
ADMINISTER COVID-19 VACCINES TO RESIDENTS
OF LEWIS COUNTY
WHEREAS, the Board of County Commissioners (BOCC), Lewis County,
Washington, has reviewed Memorandum of Understanding, #141P6226-
COVIDVAC, between Lewis County and Valley View Health Center; and
WHEREAS, funding is provided by Valley View Health Center in the amount of
$300,000.00 ; and
WHEREAS, funding will provide testing strike teams and administer COVID-19
vaccines to residents of Lewis County from January 21, 2021 through April 21,
2021; 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 MOU between Valley View Health
Center and Lewis County in the amount of $300,000 from January 21, 2021
through April 31, 2021 to provide testing strike teams and administer COVID-19
vaccines to residents of Lewis County is hereby approved and the Director of
Public Health & Social Services is authorized to sign the same.
DONE IN OPEN SESSION this 18th day of May, 2021.
Page 1 of 2 Res. 21-196
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: :y`°R_T 14 sy' Lindsey R. Pollock, DVM
4 ° Lindsey° R. Pollock, DVM, Vice Chair
S xl4CV,
W�. /,CO�„�n�',`o� Sean D. Swope
Rieva Lester '•syN ;, , • p
Rieva Lester, ""' Sean D. Swope, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 21-196
Executive Summary
Memorandum of Understanding #
Val IeyView_COVI D-19_2021
Between Valley View Health Center and
Lewis County Public Health & Social Services
Description
The purpose of this MOU is for Valley View Health Center to provide testing strike teams to
serve at County's request, and to administer COVID-19 vaccines to residents of Lewis
County. This MOU will be replacing MOU `Valley View Health Center, COVID-19' due to a
change in the source of funding for these services.
This contract will go into effect with a starting date of 1/21/2021. Due to grantor funding
guidelines the contract will abide by 90-day contracting windows with an initial end date of
4/21/2021 , and an amendment extending the contract to 7/20/2021 is also being
submitted. The contract will be further amended to extend the duration beyond 7/20/2021 if
services are still required for the health and safety of the residents of Lewis County, and
funding is still available.
Recommendation
Approve resolution
Budget Impact
Fund: 141P6226 - COVIDVAC
Budget: $300,000
These funds were anticipated for the 2021 Fiscal Year.
Duration
January 21 , 2020 through April 21, 2021.
Cover Letter
Gaelon Spradley
gsprad ley@vvhc.orq
Submitted by Michael Baum
360 NW North Street
r :c Public Health & Social Services Chehalh WA98532
i\LEWIS COUNTY)
Watt'rincton's Fitit County
Memorandum of Understanding
Memorandum of Understanding#: ValleyView_COVID-19_2 02 1
Memorandum of Understanding Name: Valley View COVID-19 2021
• Provide testing strike teams to serve at County's request
• Administer COVID-19 vaccines to residents of Lewis County
This Memorandum of Understanding is entered into by and between Lewis County Public
Health & Social Services, herein after referred to as County, and Valley View Health Center,
herein after referred to as VVHC.
Preamble
Purpose
The purpose of this Memorandum of Understanding("MOU") is to have VVHC,under the
direction of County:
• Provide testing strike teams to serve at County's request
• Administer COVID-19 vaccines to residents of Lewis County
It would be in the best interest of the Lewis County residents for County to enter into an MOU with
VVHC to provide these services upon receipt of funding.
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.
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WHEREAS,Lewis County has applied for and been approved to receive CARES Act 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 Valley View Health Center's Services
VVHC agrees 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 VVHC unless otherwise provided for in this MOU.
2. Accounting and Payment for Services
Payment to VVHC for supplies and services rendered under this MOU shall be as set forth in
Exhibit B:Budget,Invoicing and Payment attached hereto.Unless specifically stated in Exhibit
B or approved in writing in advance by the County Representative for this MOU, County and
VVHC will not reimburse the other for any costs or expenses incurred outside the performance
of this MOU.
County and VVHC acknowledge that the entire compensation for this MOU is specified in
Exhibit B and VVHC 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 MOU, no portion of this MOU may be assigned or
subcontracted to any other individual, firm, or entity without the express and prior written
approval of the County MOU Representative.
4. Administration
This Memorandum of Understanding does not create a separate entity.This MOU shall be jointly
administered by County and VVHC.
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
court of competent jurisdiction imposes a penalty upon the other Party for violation of the
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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 or
VVHC 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 denial of Funding
VVHC acknowledges and understands this agreement is subject the overall project approval
for County of its application for funding. In the event County is unable to obtain funding,
County, in its sole discretion, may terminate the MOU, in whole or in part. VVHC 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 anticipated profit on
deleted or uncompleted work. Termination of this MOU at any time as a result of a denial of
funding, shall not constitute a breach of MOU by County.
12. 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.
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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.
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. Defense and Indemnity MOU
Each Party(as the"Indemnifying 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 Indemnifying Party or any employee, agent
or representative of the Indemnifying Party,while performing under the terms of this MOU.
15. Insurance Coverage
VVHC shall comply with all provisions described in Exhibit C: Insurance Coverage, attached
hereto.
16. 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.
17. Disputes,Venue and Choice of Law
Both Parties agree that any disputes that arise under or relating to this MOU that cannot be
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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 County and VVHC
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.
18. 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.
19. 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.
20. 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.
21. Information System Security
VVHC shall protect and maintain all confidential information gained by reason of this contract
against unauthorized use, access, disclosure, modification or loss. Personal and/or medical
information collected,used or acquired in connection with this contract shall be used solely for
the purposes of this contract.
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22. Protection of Personal Information
VVHC shall not use,publish, transfer, sell or otherwise disclose any confidential information
gained by reason of this contract for any purpose that is not directly connected with the
Contractor's performance of the services contemplated hereunder except as provided by law,
received by VVHC pursuant to section 8 of this contract or with the prior written consent of the
individual or personal representative of the individual who is the subject of the personal
information.Upon request by the County or at the end of the contract term,or when no longer
needed, VVHC shall return the confidential information or certify in writing that VVHC
destroyed the information in a manner that cannot be reconstructed.
Nothing within this Section 22 shall preclude VVHC from maintaining appropriate
patient/client records and files in the ordinary course of VVHC's business, and such records
shall at all times be the responsibility of VVHC to maintain in accordance with state and federal
laws.
23. 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.
24. 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.
25. 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 a
Memorandum of Understanding Amendment shall not proceed until both Parties duly executes
the Memorandum of Understanding Amendment.
26. 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.
27. 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.
28. 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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29. Survival
The terms and conditions contained in this MOU will survive the completion, cancellation,
termination or expiration of the MOU.
30. 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.
31. 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 MOU are:
For the County:
J.P.Anderson
JP.Andersonwru,Lewi sCounty WA.gov
(360)740-2787
For VVHC:
Gaelon Spradley, Chief Executive Officer
GSpradley@vvhc.org
(360) 731-9897
32. 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 with respect to the rights and responsibilities of County. 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 the Valley View Health Center Chief Executive Officer, 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 VVHC. 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 Valley View Health Center Chief Executive Officer, or its MOU
Representative.
IN WITNESS THEREOF,this executed on 3rd day of May ,2021.
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Accepted: Accepted:
LEWIS COUNTY VALLEY VIEW HEALTH CENTER
Public Health and Social Services
ANL-,
J.P Anderson GaelonSrfradley
Director LCPHSS Chief Executive Officer,VVHC
s.�
Dated: 5 ' ) �,�� ` Dated: 5/3/2021
APPROVED AS TO FORM:
JONATHAN MEYER
Prosecuting Attorney
A hot „a rici-itai
ber Smith, SBA# 53121
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Exhibit A: Statement of Work and Reporting Requirements
The purpose of this Statement of Work is to detail the work to be performed by Valley View Health
Center and the methods and content for reporting progress by VVHC in fulfilling all duties
encompassed in this MOU.
The term of this MOU shall commence on January 21,2021 and terminate on April 21,2021.
VVHC shall administer funds awarded hereunder, to support a variety of activities and services to:
• Provide testing strike teams to serve at County's request
• Administer COVID-19 vaccines to residents of Lewis County
Activities shall include,but not be limited to,the following:
Task Task/Activity/ Reporting
Number Description Deliverables/Outcomes Requirement Due Date
1 Testing Strike Upon direction by the County: Use reporting Within
Team • Assemble skilled medical strike team forms provided 72 hours
• Report to testing site with sufficient by County of each
supplies and equipment to perform testing
anticipated number of tests event
• Perform testing
• Ensure specimens are correctly labeled and
submitted to lab for testing
• Ensure that County receives test results
• Enter encounter within Nextgen
• Collect medical insurance information for
patients and bill insurance for testing
whenever possible
Task/Activity/Descr Reporting
Task iption Deliverables/Outcomes Requirement Due Date
Number
2 Provide COVID-19 VVHC will create,plan and implement the Documentation of Bi-
vaccine administration of COVID-19 mass vaccination hours towards monthly,
consultation, clinics within Lewis County. specific project. with
coordination,and Must include what invoices
administration of staff
the COVID-19 (scribe/LPN/RN
vaccine to Lewis etc.)has provided
County residents. the service with
date,location and
time in quarter
hour increments.
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Exhibit B: Budget, Invoicing, and Payment
Lewis County shall pay an amount not to exceed $300,000 to Valley View Health Center
for work as described in Exhibit A, in subject to conditions set forth in this Exhibit B:
Budget, Invoicing, and Payment.
1. Budget Detail
Item Amount
Hourly rate for Provider(MD, DO,PA,ARNP, PharmD)— $110
*15min increments
Hourly rate for Nurse (LPN) *15min increments $70
Hourly rate for Nurse (RN) *15min increments $110
Hourly rate for Tech/DA/MA *15min increments $70
Hourly rate for Scribe/Receptionist *15min
increments $50
Hourly rate for Management(Specifically for work
related to mass vaccinations) *15 Min increments $90
_ Equipment at cost
Supplies at cost
Laboratory fee, per test $97
Insurance Coverage (as described under Exhibit C) at cost
Travel, per mile $0.56
Total not to Exceed $300,000.00
2. Compensation
Payment to VVHC 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 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. VVHC 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. VVHC
shall include this last paragraph in any subcontracts.
Line-item adjustments to the budget must be requested in writing by VVHC 45 days
prior to invoicing based on the requested adjustment(s). County will notify VVHC of
approval or denial prior to invoice period.
County may withhold reimbursement payment if VVHC fails to:
• Comply with reporting Exhibit A reporting requirements; or
• Submit required invoices and supportive documentation to Lewis County.
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VVHC's failure to submit invoices as specified is grounds for the County to terminate
the MOU as provided herein.
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3. Invoice Timeframe
VVHC shall submit invoices to the County MOU Representative identified herein or
to other such person identified by the County MOU Representative by the 10th of each
month.VVHC 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
VVHC 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:
VVHC is to procure audit services based on the following guidelines:
a VVHC shall maintain its records and accounts so as to facilitate the audit
requirement and shall ensure that any subcontractor also maintains auditable
records.
b. VVHC is responsible for any audit exceptions incurred by its own organization
or that of its subcontractor. County reserves the right to recover from VVHC
all disallowed costs resulting from the audit.
c. As applicable, VVHC 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. VVHC must respond
to 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 VVHC shall include the above audit requirements in any subcontracts.
iv. In all cases,VVHC's financial records must be available for review by 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 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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Exhibit C: Insurance Coverage
VVHC 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 VVHC or subcontractor,or agents of
either,while performing under the terms of this MOU.
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. VVHC shall instruct the
insurers to give the County thirty(30)calendar days advance notice of any insurance
cancellation or modification.
VVHC shall submit to the County within fifteen(15)calendar days of the MOU 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 MOU,VVHC shall submit renewal certificates with endorsements not less than
thirty(30) calendar days prior to expiration of each policy required under this section.
VVHC shall provide insurance coverage that shall be maintained in full force and effect
during the term of this MOU, 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 MOU activity but no less than$1,000,000 per occurrence.
Additionally,VVHC is responsible for ensuring that any subcontractors provide
adequate insurance coverage for the activities arising out of subcontracts.
2. Professional Liability
Provide a Professional Liability Insurance Policy written on an occurrence basis in
adequate quantity to protect against medical malpractice or errors and omissions
claims arising out of an MOU activity.
3. Automobile Liability
In the event that performance pursuant to this MOU involves the use of vehicles,
owned or operated by VVHC 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.
4. Fidelity Insurance
Every officer,director, employee,or agent who is authorized to act on behalf of
VVHC 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:
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i. The amount of fidelity coverage secured pursuant to this MOU shall be
$100,000 or the highest of planned reimbursement for the MOU period,
whichever is greatest. Fidelity insurance secured pursuant to this paragraph shall
name VVHC as beneficiary.
ii. Subcontractors that receive $10,000 or more per year in funding through this
MOU shall secure fidelity insurance as noted above. Fidelity insurance secured
by subcontractors pursuant to this paragraph shall name the Contractor as
beneficiary.
5. Business Property
VVHC shall provide business property insurance adequate to repair,replace, or
recreate any County-owned property in the possession of VVHC, or data,books,
computer programs,plans, specifications, documents, films,pamphlets,reports,
sound reproductions, studies, surveys, tapes,and/or training materials produced by
VVHC or any subcontractors in the performance of the work under this MOU.
6. Industrial Insurance Waiver
VVHC shall comply with all applicable provisions of Title 51 Revised Code of
Washington, Industrial Insurance. If VVHC 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 VVHC the full amount payable to the
Industrial Insurance Accident Fund. County may deduct the amount owed by VVHC
to the accident fund from the amount payable to VVHC by County under this MOU,
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 VVHC.
7. Volunteer Medical Protection
VVHC shall provide any volunteer who performs any duties related to or covered by
this MOU 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 15
BOCC AGENDA ITEM SUMMARY
Resolution: 21-196 BOCC Meeting Date: May 18, 2021
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approving MOU between Valley View health Center and Lewis County to provide testing strike
teams and administer COVID-19 vaccines to residents of Lewis County
Contact: Susan Caldwell Phone: 3603040519
Department: PHSS - Public Health & Social Services
Description:
Provide testing strike teams and administer COVID-19 vaccines to residents of Lewis County.
Approvals: Publication Requirements:
Publications:
User Status None
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, Email Gaelon Spradley: gspradley@vvhc.org
Grace Jimenez, Michelle Sauter, Michelle
Sabin, Jill Nielson, Lee Wlazlak, Susan
Caldwell