HomeMy WebLinkAbout2020.09.28 Council Remote Special Meeting PacketRemote Special Meeting
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
September 28, 2020
Page
1. REMOTE MEETING INSTRUCTIONS: Governor Inslee's Proclamation No.
20-28, made in response to the COVID-19 emergency, prohibits members of
the public from attending City meetings in-person but requires agencies to
provide options for the public to participate in remotely. To best comply, the
City asks all members of the public that would like to comment regarding
items on the agenda to fill out a form via the City’s website (www.pasco-
wa.gov/publiccomment) to obtain access information to comment. Requests to
comment in meetings must be received by 4:00 p.m. on the day of each meeting.
To listen to the meeting via phone, call (415) 655-052 and use access code
942.626.986.
City Council meetings are broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-
wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco.
2. CALL TO ORDER:
3. ROLL CALL:
(a) Pledge of Allegiance
4. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
3 - 36 (a) Interlocal Agreement with Benton-Franklin Health District - COVID-19
Testing Site
MOTION: I move to adopt Resolution No. 3993, approving the Interlocal
Agreement with Benton-Franklin Health District for the COVID-19 testing
site.
37 - 56 (b) Resolution - Professional Services Agreement with Columbia Safety
LLC for COVID-19 Testing Site
MOTION: I move to adopt Resolution No. 3994, approving the
Professional Services Agreement with Columbia Safety LLC for the
COVID-19 testing site.
5. ADJOURNMENT:
Page 1 of 56
Remote Special Meeting September 28, 2020
(a) (RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
(b)
This meeting is broadcast live on PSC-TV Channel 191 on
Spectrum/Charter Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the Clerk for
assistance.
Servicio de intérprete puede estar disponible con aviso. Por favor
avisa la Secretaria Municipal dos días antes para garantizar la
disponibilidad. (Spanish language interpreter service may be
provided upon request. Please provide two business day's notice to
the City Clerk to ensure availability.)
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AGENDA REPORT
FOR:City Council September 24, 2020
TO:Dave Zabell, City Manager Remote Special Meeting :
9/28/20
FROM:Bob Gear, Fire Chief
Fire Department
SUBJECT:Resolution - Interlocal Agreement with Benton-Franklin Health District -
COVID-19 Testing Site
I.REFERENCE(S):
Resolution
Interlocal Agreement
II.ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the Interlocal Agreement with Benton-Franklin Health
District for the COVID-19 testing site.
III.FISCAL IMPACT:
Expenditures are estimated at $1,093,000 (to be reimbursed 100% by Benton-Franklin
Health District with CARES funds)
IV.HISTORY AND FACTS BRIEF:
The COVID-19 pandemic has taken an emotional and financial toll on the citizens of
Pasco and surrounding communities.
A significant factor in slowing the spread of COVID-19 is the availability and access to
testing for symptomatic and asymptomatic individuals. When identified as a carrier,
contact tracing can reduce the replicated exposures substantially.
Several groups have provided drive-thru testing since mid-June in Benton and Franklin
counties. The Washington National Guard has operated two drive-thru test sites in the
community, one at the Toyota Center and one at the HAPO Center. The Toyota Center
site was shut down approximately a month ago and the unit was re-deployed elsewhere
in the state. The current site at the HAPO Center has been reduced to one lane
(originally three) and Benton-Franklin Health District (BFHD) anticipates re-
deployment of this resource in the near future.
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The BFHD was been allocated CARES funding for a testing site from the Washington
State Department of Health however, they lack available internal capacity to manage
such an operation by themselves. Other areas of the state, particularly Seattle and
surrounding King County, determined it necessary to establish their own drive-thru test
sites. respective their within staff fire agency by so done have They utilizing
communities. BFHD asked the Pasco Fire Department if, with the assistance of an
agency called Northwest Health Commons, it could provide a high throughput test site
in the Pasco community.
The Pasco Fire Department collaborated with BFHD and Northwest Health Commons
to develop and staff a high output testing site at the former New Horizons High School
site, which went live Thursday, September 24.
With the Interlocal Agreement, BFHD will provide reimbursement of costs incurred by
the City through CARES funding for site management and operations as well as
equipment and supplies.
As this was a time sensitive matter, City Council authorized the City Manager to
complete negotiations and execute an agreement with BFHD consistent with the terms
presented at the September 21 regular meeting. This action allowed staff to complete a
legal review and operation to proceed.
V.DISCUSSION:
City Council's authorization to complete the agreement enabled the testing site to open
on Thursday, September 24. On its first day of operation, 78 patients were tested and
staff expects this number to increase with operations being available on weekends.
Staff recommends approval of the Interlocal Agreement.
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Resolution – ILA for Benton-Franklin Health District for COVID-19 Testing Site - 1
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, RATIFYING THE INTERLOCAL AGREEMENT WITH
BENTON-FRANKLIN HEALTH DISTRICT FOR ESTABLISHING A COVID-
19 TESTING SITE.
WHEREAS, the City of Pasco, Washington and Benton-Franklin Health District identified
a need for greater access to COVID-19 testing in our community; and
WHEREAS, the City of Pasco, Washington desires to enter into this interlocal agreement
to receive reimbursement of funds expensed from Benton-Franklin Health District for the COVID-
19 testing site; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into an
agreement with Benton-Franklin Health District for a COVID-19 testing site through December
30, 2020, unless terminated in writing by either party consistent within termination provisions
within the interlocal agreement.
WHEREAS, on September 21, 2020, the City Council of the City of Pasco authorized the
City Manager to negotiate and execute an agreement with the Benton-Franklin Health District
consistent with the terms discussed at that Regular Meeting subject to ratification by Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. That the City Council of the City of Pasco ratifies and approves of the terms and
conditions of the Interlocal Agreement between the City of Pasco and Benton-Franklin Health
District, as attached hereto and incorporated herein as Exhibit A; and
PASSED by the City Council of the City of Pasco, Washington this 28th day of September,
2020.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
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jn
COMMUNITY SERVICES CONTRACTm"Between
V”-~””-=—*<-er-‘b BENTON-FRANKLINHEALTH DISTIRCT
CITY OF PASCO
This Community Services Contract,hereinafter referred to as the Contract,by and between Benton-Franklin
Health District (BFHD)and the City of Pasco (Contractor),and collectively known as the “Parties”is being
executed in accordance with the provisions of the lnterlocal Cooperation Act Chapter 39.34 RCW and for the
purpose of providing an emergency response to the Covid-19 pandemic through community testing and related
services as a counter measure against the pandemic.
EFFECTIVE DATE:SEPTEMBER 24,2020 -DECEMBER 30,2020
Benton-Franklin Health District Phone:(509)460-4200
7102 W.Okanogan Place Fax:(509)460-4590
Kennewick,WA 99336
TitleIResponsibllity Contact Name Phone Fax Email
Administratorlsignature Authority Jason Zaccaria 509-460-4567 509-460-4590 Jasonz@bfhd.wa.gov
Contracts Manager Bonnie Hall 509-460-4553 509-460-4590 Bonnieh@bfhd.wa.gov
EOC Incident Commander Rick Dawson 509-539-1791 509-460-4515 Rickd@bfhd.wa.gov
EOC Incident Commander Carla Prock 509-539-0874 509-460-4515 Carla bfhdwa.ov
Accountant —Accounts Payable Kyle Phillips 509-460-4580 509-460-4590 Ky|eQ_@bfhd.wa.gov
Contractor Contacts
City of Pasco -Fire Department Phone:(509)545-3426
1011 E.Ainsworth Ave.Fax:(509)543-5717
Pasco,WA 99301
Fax
Responsibility Contact Name Phone Email
Signature Authority —City Manager Dave Zabell 509-545-5404 zabe|ld@gasco-wa.gov
Fire Chief—Primary Contact Bob Gear Gearb asco-wa.ov
Site Command Craig Patterson 509-539-1976 Crai atterson charter.net
Whereas,the aforementioned Parties desire to enter into this agreement in accordance with the provisions of
lnterlocal Cooperation Act Chapter 39.34 RCW in which they intend to work together towards the goals and
objectives set forth;
And Whereas,the Parties are desirous to enter an understanding,thus setting out all necessary working
arrangements that both Parties agree shall be necessary to complete this partnership;
MISSION
The relationship under this agreement has been established with the following intended mission of
collaboration to provide testing and/or response efforts for Covid-19 to the citizens of Benton and Franklin
City of Pasco —Fire Department Contract 2020 i ..l.V |1
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counties with the purpose of protecting the health of the public,to support the Governor’sSafe StartWashingtonPlan,and to provide Covid-19testing as a counter measure against the pandemic.
PURPOSE AND SCOPE
The Parties intend for this Contract to provide the cornerstone and structure for the activities outlined in ExhibitBandanyfurtherbindingContractsoramendmentswhichmayberelatedtothispartnership.
and its employees or agents performing under this Contract are not employees or agents of the District.TheContractor,employees,or agents performing under this Contract willnot hold himself/herselfoutas,nor claimtobe,an of?cer or employee of the Districtby reason hereof,nor willthe Contractor,his or her employees,oragentmakeanyclaimtoright,privilege or benefit that would accrue to such officer or employee.
RESPONSIBILITIESOF THE PARTIES
The speci?c roles and responsibilities of each party are identi?ed below as a starting point,and it is recognizedthatthescopeofworkrelatedtothisagreementisaresponseefforttotheCovid-19pandemic and therefore a?uid situation.It is anticipated that the needs for the response effort could evolve or change rapidly andthereforeeachpartyiscommittedtoworkingcollaborativelytoful?ll the joint mission.As the need may arise,speci?c details of support to be furnished by each of the participants may be developed by amendment to thisContractorseparatelyfromthisagreementinaspeci?c,mutually acceptable manner subject to the availabilityoffundsandresources.The parties willwork together to identify appropriate time and press for
decommission.
It is the desire and wish of the Parties that this agreement allow the Parties to work together in such a mannerthatwouldpromoteagenuineatmosphereofcollaborationandalliancethroughmeansofthefollowing
individualservices:
BENTON-FRANKLINHEALTHDISTRICTagrees to provide the following services:
c Test site selection and securing appropriate Contracting documentationwith site owner
o Infectioncontrol protocols.initialinventory of PPE and establishment of a system for on-goinginventorymanagementofPPE
Long term procurement of supplies -—Ongoing Specimen Collection Kits,PPE
Local procurement of technology/tents/tables/suppliesto operate test site (as needed)Logistics support —as needed to support the IMT
Patient communication design including multi-lingual patient handouts and scripts that incorporatelanguageaccessibility
Provide signage
Ordering Physician unless otherwise provided by EMS Medical Command
Lab Courier Service as provided by agreement with Universityof Washington Lab
Set up noti?cation process I customer service for positive patients (consider Contract /partneringwithlocalagency)
-Provide access to Language line for on-site staff to support non-English speaking customers
CITYOF PASCO -FIRE DEPARTMENTagrees to provide the followingservices:
Facilitate on-site staff access to interpreters or Language line for non-English speaking customers
Local test site command (scheduling/dailyoperations)
Sub-Contractwith Columbia Safety to run daily test site operations
Ensure Local test site is supplied/organized to operation requirements
Monitorand maintain supplies to ensure adequate inventory of materials
Create and maintain a site plan including an agreed upon traf?c ?ow with local jurisdiction
City of Pasco -Fire Department Contract 2020 P 3 8 9 I 2
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-Supervise and assure safety for all personnel while onsite
-Monthly financial activity reports detailing expenditures for which reimbursement is requested
-Monthly labor reports to BFHD for direct payment (Fire Department name,employee name,date(s),
hours worked and any other documentation to assist DOH with validation of invoices to reimburse
Fire Department for operational labor support)
-Maintain additional financial backup documentation such as payroll and general ledger and provide
upon request
0 Other reporting as requested by DOH
-A positive patient experience
-Provide for the following services through an agreement with Columbia Safety LLC:
o Recruiting,hiring,onboarding,and continued HR support of Swabbers,Registered
Technician Leads,Registered Technicians,and Traf?c Safety Positions
TERM OF CONTRACT
The term of this Contract shall start on September 24,2020 and be in effect until December 30,2020 unless
extended or terminated by written mutual agreement of both Parties.
AUDIT REQUIREMENT
A non-Federal entity that expends $750,000 or more during the non-Federal entity's ?scal year in Federal
awards must have a single or program-specific audit conducted for that year in accordance with 2 CF R
200.501.If a single or program—specific audit is conducted for the funding of this agreement,Contractor shall
meet the audit requirements as described in 2 CFR Part 200 Subpart F.
FUNDING
The Source of funding for this contract comes from the Coronavirus Relief Fund under the CARES Act.This
funding has speci?c terms and conditions that must be met and are outlined in Exhibit A.Contractor must
meet and maintain compliance with these requirements.
COMPENSATION AND METHOD OF PAYMENT
The maximum consideration for this contract is $1,093 000.00.BFHD will reimburse the City of Pasco —Fire
Department for satisfactory completion of the services and requirements specified in this Contract,payable
upon receipt and approval of a signed invoice of actual allowable costs based on monthly invoices submitted
by City of Pasco to the Health District.Invoices shall be submitted by the 20th of the following month by email,
fax or mail to the BFHD Accountant listed on page 1 of this agreement.
Monthly invoices shall include agency name,employee name,dates,hours worked and any other
documentation to assist BFHD with validation of invoices to reimburse Fire Department for operational labor
support.City of Pasco -Fire Department to retain financial backup documentation such as payroll and general
ledger records,and sub-Contractor records and provide upon request.
Final Invoice is are due within 20 days of the end of the Contract.If?nal invoices and reports are not
submitted within 20 days of the close of the Contract,the Health District will be relieved of all liability for
payment to the City of Pasco —Fire Department of the amounts set forth in said invoice or any subsequent
invoice.
In-kind services are not reimbursable expenses under this agreement.
DEBARMENT AND SUSPENSION CERTIFICATON
This Contract is federally funded and comes from the Coronavirus Relief Funds.Entities that are debarred,
suspended,or proposed for debarment by the US Government are excluded from receiving federal funds.The
following acts by individuals or entities may result in permissive exclusions.This list is not all-inclusive.For a
complete list refer to section 1128A (b)of the Social Security Act:
City of Pasco —Fire Department Contract 2020 I ,,I [3
Page 8 of 56
License revocation or suspension
Fraud,kickbacksor other prohibited activities
Entities controlled by a sanctioned individual
Making false statements or misrepresentation of material
F199‘?
0 Background checks:Contractor will ensure that all staff working in activities funded by this Contract
have passed a Washington State Patrol background check upon hire and retain proof of such to be
made available to District upon request.
-System for Award Management (SAM)site registration:Contractor shall acquire a Statewide
Payee Number by registering at www.sam.gov .
o DUNS number:To comply with the Federal Funding Accountability and Transparency Act and be
eligible to perform the activities in this Statement of Work,Contractor agrees to register for and provide
the District with its DUNS number.
The Contractor,by signature of this agreement certifies that Contractor is not presently debarred,
suspended,proposed for debarment.declared ineligible,or voluntarily excluded by any Federal department
or agency from participating in transactions (debarred).The Contractor also agrees to notify the DistrictimmediatelybyprovidingwrittennoticeifContractorbecomesdebarredduringthetermofthisagreement.
INTERNALCONTROLS AND ACCOUNTINGSYSTEM
The Contractor shall establish and maintain a system of accounting and internal controls which complies with
generally accepted accounting principles in accordance with the Financial Accounting Standards Board
(FASB),the Governmental Accounting Standards Board (GASB)or both as applicable to the Contractors form
of incorporation.
ETHICS CERTIFICATION
Contractor certi?es that they are now and shall remain,in compliance under Chapter 42.52 RCW,Ethics in
Public Service,throughout the term of this Contract.
DATA USE,OWNERSHIP AND DISCLOSURE
Information provided to BFHD by Contractor will be used for all necessary public health efforts as outlined inWAC246-101.This will include sharing PHI as provided for by law for the purpose of protecting the health ofthepublicaswellascongregatedataforpublicdisclosuresincludingpublishingcasecounts.Any data,
records or ?les taken off site in the course of Contractor personnel activities are to be returned to BFHD upon
completion of task or upon termination of this agreement with BFHD,whichever event occurs first.
The Contractor agrees that all information,records,and data collected in connection with this Contract shall be
protected from unauthorized disclosure in accordance with applicable state and federal law.
MAINTENANCEOF RECORDSIEVALUATIONSAND INSPECTIONS
The Contractor will maintain accounts and records,including personnel,property,?nancial,and Contracts andothersuchrecordsasdeemednecessarytoensureproperaccountingforallContractfundsandcompliance
with this Contract.
Medical records shall be maintained and preserved by the Contractor in accordance with state and federalmedicalrecordsstatutes,included but not limitedto RCW 70.41.190,70.02.160,and standard medical records
practice.If the Contractor ceases operations under this Contract,the Contractor shall be responsible for the
disposition and maintenance of such medical records.
HIPAA AND HITECH COMPLIANCE
To the extent applicable to this Agreement,Contractor agrees to comply with the Health Information
Technology for Economic and Clinical Health Act of 2009 (“HITECH ACT"),the Administrative Simplification
City of Pasta —Fire Department Contract 2020 ,I 4
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provisions of the Health Insurance Portability and Accountability Act of 1996,as codi?ed at 42 USC §1320d
through d-8 ("HIPAA")and any current and future regulations promulgated under either the HITECH Act or
HIPAA including without limitationthe federal privacy regulations contained in 45 C.F.R.Parts 160 and 164
(the “Federal Privacy Regulations”),the federal security standards contained in 45 C.F.R.Parts 160,162 and
164 (the “Federal Security Regulations”)and the federal standards for electronictransactions,all as may be
amended from time to time,and all collectively referred to herein as “HIPAARequirements”.Contractor agrees
not to use or disclose any Protected Health lnforrnation (PHI)(as de?ned in 45 C.F.R.§164.501)or
Individually Identi?able Health Information(as de?ned in 42 USC §1320d),other than as permitted by HIPAA
Requirements and the terms of this Agreement.Contractor willand willcause their personnel to enter into any
further agreements as necessary to facilitate compliance with HIPAARequirements.
CORRECTIVEACTION
If BFHD determines that a breach of Contract has occurred,that is,the Contractor has failed to comply with
any terms or conditions of this Contract,or the Contractor has failed to provide in any manner the work or
services agreed to herein,and if BFHDdeems said breach to warrant corrective action,the following
sequential procedure willapply:
a.BFHDwill notify the Contractor in writing of the nature of the breach;
The Contractor shall respond in writing within three (3)working days of its receipt of such
noti?cation,which response shall indicate the steps being taken to correct the speci?ed
de?ciencies.The corrective action plan shall specify the proposed completion date for bringing
the Contract into compliance,which date shall not be more than ten (10)days from the date of
the Contractor's response,unless BFHDspeci?es in writing and extension of time.
b.BFHD will notify the Contractor in writing of their determination as to the sufficiency of the
Contractor's corrective action plan.
c.If the Contractor does not respond within the appropriate time with a corrective action plan,the
Contractors corrective action plan willbe determined by BFHDto be insufficient,and the Health
District may commence termination or suspension of this Contract as provided for herein.
d.In addition,BFHD may withholdany payment owed the Contractor or prohibit the Contractor from
incurring additional obligations of funds until BFHD is satis?ed that corrective action has been
taken or completed.
DISPUTE RESOLU11ON
The parties shall use their best efforts to cooperatively resolve disputes and problems that arise in connection
with this Contract.Both parties will make a good faith effort to continue without delay to cany out their
respective responsibilities under this Contract while attempting to resolve the dispute.
HOLD HARMLESS AND INDEMNIFICATION
a.In providing services under this Contract,the Contractor is an Independent Contractor,and neither it nor
its of?cers,agents,or employees are employees of BFHD for any purpose.The Contractor shall be
responsible for all federal and/or state tax,industrial insurance,and Social Security liabilitythat may result
from the performance of and compensation for these services and shall make no claim of career service
or civil service rights which may accrue to a BFHDemployee under state or local law.
BFHD assumes no responsibility for the payment of any compensation,wages,bene?ts,or taxes,by,or
on behalf of the Contractor,its employees,and/or others by reason of this Contract.The Contractor shall
protect,indemnify,defend and save harmless BFHD,its of?cers,agents,and employees from and
against any and all claims,costs,and/or losses whatsoever occurring or resulting from (1)the
Contractor's failure to pay any such compensation,wages,benefits,or taxes,andlor (2)the supplying to
City of Pasco —Fire Department Contract 2020 P a g e |5
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the Contractor of work,services,materials,or supplies by Contractor employees or suppliers inconnectionwithorsupportoftheperformanceofthisContract.
b.The Contractor further agrees that it is ?nancially responsible for and will repay BFHD all indicatedamountsfollowinganauditexceptionwhichoccursduetothenegligence,intentionalact,and/or failure,for any reason,to comply with the terms of this Contract by the Contractor,its of?cers,employees,agents,and/or representatives.This duty to repay BFHDshall not be diminishedor extinguished by the priorterminationoftheContractpursuanttotheTermsandTenninationsection.
c.The Contractor shall protect,defend,indemnify and save harmless BFHD,its officers,employees,andagentsfromanyandallcosts,claims,judgments,and/or awards of damages,arising out of,or in anywayresultingfrom,the negligent acts or omissions of the Contractor,its officers,employees,subcontractors and/or agents,in its perfonnance and/or non-perforrnance of its obligations under thisContract.The Contractor agrees,that its obligations under this subparagraph extend to any claim,demand,and/or cause of action brought by,oron behalf of,and of its employees or agents.For thispurpose,the Contractor,by mutual negotiation,hereby waives,as respects BFHD only,any immunitythatwouldothenlvisebeavailableagainstsuchclaimsundertheIndustrialInsuranceprovisionsofTitle51RCW.In the event BFHD incurs any judgement,award,and/or cost arising therefrom includingattorneys’fees to enforce the provisions of this article,all such fees,expenses,and costs shall berecoverablefromtheContractor.
d.BFHDshall protect,defend,indemnify,and save harmless the Contractor,its of?cers,employees,andagentsfromanyandallcosts,claims,judgements,and/or awards of damages,arising out of,or in anywayresultingfrom,the negligent acts or omissions of BFHD,its of?cers,employees,and/or agents,in itsperformanceand/or non-perfonnance of its obligations under this Contract.BFHD agrees that itsobligationsunderthissubparagraphextendtoanyclaim,demand,and/or cause of action brought by,oronbehalfof,any of its employees or agents.For this purpose,BFHD,by mutual negotiation,herebywaives,as respects the Contractor only,any immunitythat would otherwise be available against suchclaimsundertheIndustrialInsuranceprovisionsofTitle51RCW.In the event the Contractorincurs any
judgement,award,and/or cost arising therefrom includingattorneys’fees to enforce the provisions of thisarticle,all such fees,expenses,and costs shall be recoverable from BFHD.
e.Nothing contained within this provision shall affect and/or alter the application of any other provision
contained within this Contract.
f.The indemni?cation,protection,defense and save harmless obligations contained herein shall survivetheexpiration,abandonment or termination of this Contract.
INSURANCEREQUIREMENTS
Contractor shall procure and maintain for the duration of this Contract the followinginsurance coverage:
General LiabilityCoverage
General LiabilityInsurance,or Business LiabilityInsurance,including coverage for bodily injury,propertydamage,and Contractual liability,with thefollovvingminimum limits:Each 0ccurrence-$1,000,000;GeneralAggregate-$2,000,000.The policyshall includeliabilityarising out of premises,operations,independent
Contractors,products-completed operations,personal injury,advertising injury,and liabilityassumed under aninsuredContract.
Business Auto Liabilitylnsurance(BAL)
The Contractor shallmaintainaBusinessAutomobilePolicy on allvehicles used in the performance of work underthisContract,including vehicles hired by the ContractororownedbytheContractor's employees,volunteers orothers,withthe followingminimum limits:$1,000,000 per accident combined single limit.
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Professional LiabilityInsurance (PL)
The Contractor shall maintain Professional LiabilityInsurance or Errors &Omissionsinsurance,including
coverage for losses caused by errors and omissions,withthefollowing minimum limits:Each Occurrence -
$1 ,000,000;Aggregate -$2,000,000.
Worker’s Compensation
The Contractor shall comply with all applicable Worker's Compensation,occupationaIdisease,and
occupational health and safety laws and Regulations under Title51 RCWby the Contractor or its employees
under such laws and Regulations.
Employees and Volunteers
Insurance required ofthe Contractor underthe Contract shall include coveragefor the actsand omissions ofthe
Contractor's employees and volunteers.lnaddition,the Contractor shall ensure thatallemployees and volunteers
who use vehiclesto transport clients or deliver services have personal automobileinsurance and current driver's
licenses.
Separation of lnsureds
Allinsurance policies shallincludecoverageforcrossliabilityandcontaina "Separation of insureds"provision.
Insurers
The Contractor shall obtain insurance from insurance companies identi?ed asan admittedinsurer/carrierinthe
State ofWashington,witha Best's Reports‘rating of B++.Class VII,or better.Surplus Lines insurance companies
willhave a rating ofA-,Class VII,or better.
The Contractor's membership in the Washington Cities Insurance Authority,a self-insured,governmental risk
pool shall satisfy all conditions set forth in the Insurance section of this Agreement.
Evidence of Coverage
The Contractor shall submit to District documentation evidencing the insurance requirements of the
Contractor before commencement of the work.
LIMITATIONOF LIABILITY
BFHDand its local partners.including City of Pasco —Fire Department,are working together to develop and
implement a community testing site as a counter measure against the Covid-19 pandemic and is therefore
covered under the PREP Act attached hereto as Exhibit D which provides immunity to covered person for
certain activities as defined in the PREP Act and delineated in the PREP ACT declaration issued by the
Secretary of Health and Human Services.
ASSIGNMENTISUBCONTRACT
Contractor may not assign or transfer all or any portion of this Contract or any of its rights hereunder,or
delegate any of its duties hereunder without the prior written consent of the District.Any permitted assignment
willnot operate to relieve Contractor of any of its duties and obligations hereunder,or willsuch assignment
affect any remedies available to the District that may arise from any breach of the provisions of this Contract.
Contractor agrees to include the following language verbatim in every subcontract for services which relate to
the scope of work in this Contract:
“Subcontractor shall protect,defend,indemnify,and hold harmless Benton-FranklinHealth District
(BFHD),its of?cers,employees and agents from any and all costs,claims,judgements,and/or awards of
damages arising out of,or in any way resulting from the negligent act or omissions of subcontractor,its
officers,employees,and/or agents in connection with or in support of this Contract.
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Subcontractorexpressly agrees and understands that BFHDis a third party bene?ciary to this Contract andshallhavetherighttobringanactionagainstsubcontractortoenforcetheprovisionsofthisparagraph”.
NONDISCRIMINATION
Contractorshall not discriminateagainst anyone in providing services under this Agreement on the grounds ofrace,color,sexual orientation,gender identity.religion,national origin,creed.marital status,age,Vietnam eraordisabledveterans‘status,or the present of any sensory,mental or physical disability.
GENERALPROVISIONS
The Parties acknowledge and understand that they must be able to ful?lltheir responsibilities under thisContractinaccordancewiththeprovisionsofthelawandregulationsthatgoverntheiractivities.Nothing in theagreementisintendedtonegateorothenlviserenderineffectiveanysuchprovisionsoroperatingprocedures.The Parties assume full responsibility for their performance under the terms of this Contract.
If at any time either party is unable to performtheir duties or responsibilities under this Contract consistent withsuchparty's statutory and regulatory mandates,the affected party shall immediately provide written notice totheotherpartytoestablishadateforresolutionofthematter.
CHANGESOR MODIFICATIONS
The Districtmay,at any time,by written noti?cationto Contractor,make changes within the general scope oftheservicestobeperformedunderthisAgreement.Both parties shall execute a Contract amendmentre?ecting such change and an equitable adjustment of cost,period of performance or both willbe made ifrequiredbythechanges.
CONTRACTSUSPENSION
o For Investigation:In the event Contractor or any of its partners,employees,officers is investigated by
a local,county,state or federal agency for a matter which the Districtfeels may adversely affect the
delivery of services under this Contract,the Districtmay,without notice suspend the delivery of
services or disallow the person(s)involved in the allegation from providing services pending final
resolution of the investigation.
0 For Suspension of Funding and work:Because the Districtreceives both state and federal funds
occasionally the District'sfunding source may enact a Contract suspension due to sequestration.loss
of budget appropriation,or other causes.When this occurs,the Districtmay exercise its right to
suspend this Contract until the District'sfunding has resumed and approval to continue work has been
received.At that time,the Districtwillnotify the Contractor that they may resume work.Allnotice to
suspend or reinstate work will be in writing.Any expenses incurred during the suspension of this
Contract may not be reimbursed later unless it is speci?cally approved at the time the Contract is
reinstated.
TERMINATIONOF AGREEMENT
0 For Convenience:This Contract may be terminated by either party for convenience with 14 days
written notice.Ifthis Contract is so temiinated,the parties are only liable for performance rendered or
costs incurred in accordance with this Contract prior to the effectivedate of termination.
o By Mutual Agreement:This Contract may be terminated at any time by mutual agreement of both
parties.
-Termination for Default:In the event the Districtdetermines the Contractor has failed to comply with
the terms and conditionsof this Contract,the Districthasthe right to suspend orterrninate this Contract.
District shall notifythe Contractorin writingofthe need totake corrective action.lfcorrectiveaction is not
taken withinten (10)Business Days,this Contract may beterminated.Districtreserves the right to suspend
allor part of this Contract,withhold further payments,or prohibit the Contractorfromincurringadditional
obligations offundsduring investigation ofthealleged compliance breach and pending corrective action by
the Contractororadecision by the Districttoterminate this Contract.
City of Pasco -Fire Department Contract 2020 P 8 8 8 I 3
Page 13 of 56
o For Non-Allocation of Funds:The District's ability to make payments is contingent on the availability
of its various funding sources.In the event funding from state,federal,or other funding sources is
withdrawn,reduced,limitedor suspended during the course of this Contract,the District at its sole
discretion may elect to terminate this agreement in whole or in part or to renegotiate this Contract
subject to new funding limitations or conditions.
GOVERNINGLAW
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
SEVERABILITY
If any term or condition of this Contract is held invalid by any court,the reminder of this Contract remains valid
and in full force and effect.
ENTIRE AGREEMENT
This Contract contains all the terms and conditions agreed upon by the parties.No other understandings,oral
or otherwise,regarding the subject matter of this Contract shall be deemed to exist or to bind either of the
parties.
AMENDMENTS
Either party may request changes to this Contract.Proposed changes which are mutually agreed upon shall
be incorporated by written amendments to this Contract.
NOTICE
Any notice or communication required or permitted under this Contract shall be suf?ciently given if delivered in
person,by email,or certi?ed mail,return receipt requested to Contracts Manager with a copy to the District
Administratorat the addresses set forth on page one (1)of this Contract.
AUTHORIZATIONAND EXECUTION
This Agreement is executed in accordance with the authority of Chapter 39.34 RCW,the lnterlocal
Cooperation Act.The following information is given pursuant to the provisions of RCW 39.34.030:
(a)The duration of this Agreement shall be from September 24,2020 to December 30,2020.
(b)The purpose of this Agreement is stated under section “Purpose and Scope."
(c)Termination of this Agreement shall be as provided in Section “Termination of Agreement.”
(d)This Agreement shall be administered by the Benton-FranklinHealth District.
(e)Unless othenlvise speci?cally agreed by the parties in writing,all property,personal and real,
utilized by the parties hereto in the execution of this agreement shall remain the property of that
party initiallyowning it.
(f)Nothing in this Agreement shall preclude the City from contracting with another jurisdiction.
City of Pasco -Fire Department Contract 2020 P a g e |9
Page 14 of 56
By signature of this agreement.both parties agree to adhere to the terms and conditionsset forth hereinconditionedupon?nal approval of the City Council of the City of Pasco.
BENTON-FRANKLINHEALTH DISTRICT
QM»,mamaqizviao
Jaso Zaccaria —Administrator Date
City cl Pasco—Fire Department Contact 1020
CITY OF PASCO
.@a,——-/
Dave Zabell —te
ATTEST:
«Mp i/‘IQ
Debra C.Barham,City Clerk
APPROVED AS TO FOR;:
age I10
Page 15 of 56
Exhibit A
Coronavirus Relief Fund
Guidance for State,Territorial,Local,and Tribal Governments Updated Sept.2,20201
The purpose of this document is to provide guidance to recipients of the funding available under section
601(a)of the Social Security Act,as added by section 5001 of the Coronavirus Aid,Relief,and Economic
Security Act (“CARES Act”).The CARES Act established the Coronavirus Relief Fund (the “Fund”)and
appropriated $150 billionto the Fund.Under the CARES Act,the Fund is to be used to make payments for
speci?ed uses to States and certain local governments;the Districtof Columbia and U.S.Territories
(consisting of the Commonwealth of Puerto Rico,the United States Virgin Islands,Guam,American Samoa,
and the Commonwealth of the Northern Mariana Islands);and Tribal governments.
The CARES Act provides that payments from the Fund may only be used to cover costs that-
1.are necessary expenditures incurred due to the public health emergency with respect to the
Coronavirus Disease 2019 (COV|D—19);
2.were not accounted for in the budget most recently approved as of March 27,2020 (the date
of enactment of the CARES Act)for the State or government;and
3'were incurred during the period that begins on March 1,2020,and ends on December 30,
2020.2
The guidance that follows sets forth the Department of the Treasury's interpretation of these limitations on
the permissible use of Fund payments.
Necessary expenditures incurred due to the public health emergency
The requirement that expenditures be incurred “due to"the public health emergency means that
expenditures must be used for actions taken to respond to the public health emergency.These may include
expenditures incurred to allow the State,territorial,local,or Tribal government to respond directly to the
emergency,such as by addressing medical or public health needs,as well as expenditures incurred to
respond to second-order effects of the emergency,such as by providing economic support to those
suffering from employment or business interruptions due to COVID-19—relatedbusiness closures.
Funds may not be used to ?ll shortfalls in government revenue to cover expenditures that would not
otherwise qualify under the statute.Although a broad range of uses is allowed,revenue replacement is not
a permissible use of Fund payments.
The statute also specifies that expenditures using Fund payments must be “necessary.”The Department of
the Treasury understands this term broadly to mean that the expenditure is reasonably necessary for its
intended use in the reasonable judgment of the government officials responsible for spending Fund
payments.
1 On June 30,2020,the guidance provided under “Costs incurred during the period that begins on March 1,2020,and
ends on December 30.2020”was updated.On September 2,2020,the “Supplemental Guidance on Use of Funds to
Cover Payroll and Bene?ts of Public Employees"and “Supplemental Guidance on Use of Funds to Cover A
2 s added by section 5001 of the CARES Act.
Costs not accounted for in the budget most recently approved as of March 27,2020
The CARES Act also requires that payments be used only to cover costs that were not accounted for in the
budget most recently approved as of March 27,2020.A cost meets this requirement if either (a)the cost
cannot lawfully be funded using a line item,allotment,or allocation within that budget or (b)the cost is for a
substantially different use from any expected use of funds in such a line item,allotment,or allocation.
The “most recently approved”budget refers to the enacted budget for the relevant fiscal period for the
particular government,without taking into account subsequent supplemental appropriations enacted or other
City of Pasco-Fire Department Contract 2020 P a g e |11Page 16 of 56
budgetary adjustments made by that government in response to the COVID-19 public health emergency.A
cost is not considered to have been accounted for in a budget merely because it could be met using a
budgetary stabilization fund,rainy day fund,or similar reserve account.
Costs incurred during the period that begins on March 1,2020,and ends on December 30,2020
Finally,the CARES Act provides that payments from the Fund may only be used to cover costs that were
incurred during the period that begins on March 1,2020,and ends on December 30,2020 (the “covered
period").Putting this requirement together with the other provisions discussed above,section 601(d)may be
summarized as providing that a State,local,or tribal government may use payments from the Fund only to
cover previously unbudgeted costs of necessary expenditures incurred due to the COVID-19 public health
emergency during the covered period.
Initialguidance released on April 22,2020,provided that the cost of an expenditure is incurred when the
recipient has expended funds to cover the cost.Upon further consideration and informed by an
understanding of State,local.and tribal government practices,Treasury is clarifying that for a cost to be
considered to have been incurred,performance or delivery must occur during the covered period but
payment of funds need not be made during that time (though it is generally expected that this willtake place
within 90 days of a cost being incurred).For instance,in the case of a lease of equipment or other property,
irrespective of when payment occurs,the cost of a lease payment shall be considered to have been incurred
for the period of the lease that is withinthe covered period but not otherwise.Furthermore,in all cases it
must be necessary that performance or delivery take place during the covered period.Thus the cost of a
good or service received during the covered period willnot be considered eligible under section 601(d)if
there is no need for receipt until after the covered period has expired.
Goods delivered in the covered period need not be used during the covered period in all cases.For
example,the cost of a good that must be delivered in December in order to be available for use in January
could be covered using payments from the Fund.Additionally,the cost of goods purchased in bulk and
delivered during the covered period may be covered using payments from the Fund if a portion of the goods
is ordered for use in the covered period,the bulk purchase is consistent with the recipient's usual
procurement policies and practices,and it is impractical to track and record when the items were used.A
recipient may use payments from the Fund to purchase a durable good that is to be used during the current
period and in subsequent periods if the acquisition in the covered period was necessary due to the public
health emergency.
Given that it is not always possible to estimate with precision when a good or service will be needed,the
touchstone in assessing the determination of need for a good or service during the covered period will be
reasonableness at the time delivery or performance was sought,e.g.,the time of entry into a procurement
contract specifying a time for delivery.Similarly,in recognition of the likelihood of supply chain disruptions
and increased demand for certain goods and services during the COVID-19 public health emergency,if a
recipient enters into a contract requiring the delivery of goods or performance of services by December 30,
2020,the failure of a vendor to complete delivery or services by December 30,2020,
will not affect the ability of the recipient to use payments from the Fund to cover the cost of such goods or
services if the delay is due to circumstances beyond the recipient's control.
This guidance applies in a like manner to costs of subrecipient's.Thus,a grant or loan,for example,
provided by a recipient using payments from the Fund must be used by the Subrecipient only to purchase
(or reimburse a purchase of)goods or services for which receipt both is needed within the covered period
and occurs within the covered period.The direct recipient of payments from the Fund is ultimately
responsible for compliance with this limitationon use of payments from the Fund.
Nonexclusive examples of eligible expenditures
Eligible expenditures include,but are not limited to,payment for:
City of Pasco —Fire Department Contract 2020 P 8 8 E I 12
Page 17 of 56
1.Medical expenses such as:
COVID-19-related expenses of public hospitals,clinics,and similar facilities.
Expenses of establishing temporary public medical facilities and other measures to increase
COVID-19 treatment capacity,including related construction costs.
Costs of providing COVID-19 testing,including serological testing.
Emergency medical response expenses,including emergency medical transportation,related to
COVID-19.
Expenses for establishing and operating public telemedicine capabilities for COVID-19-
related treatment.
2.Public health expenses such as:
Expenses for communication and enforcement by State,territorial,local,and Tribal
governments of public health orders related to COVID-19.
Expenses for acquisition and distribution of medical and protective supplies,including sanitizing
products and personal protective equipment,for medical personnel,police officers,social
workers,child protection services,and child welfare of?cers,direct service providers for older
adults and individuals with disabilities in community settings,and other public health or safety
workers in connection with the COVID-19 public health emergency.
Expenses for disinfection of public areas and other facilities,e.g.,nursing homes,in response to
the COVID-19 public health emergency.
Expenses for technical assistance to local authorities or other entities on mitigation of
COVID-19-related threats to public health and safety.
Expenses for public safety measures undertaken in response to COVID-19.
Expenses for quarantining individuals.
3.Payroll expenses for public safety,public health,health care,human services,and similar
employees whose services are substantially dedicated to mitigating or responding to the COVlD-19
public health emergency.
4.Expenses of actions to facilitate compliance with COVID-19-related public health measures,such as:
Expenses for food delivery to residents,including,for example,senior citizens and other
vulnerable populations,to enable compliance with COVID-19 public health precautions.
Expenses to facilitate distance learning,including technological improvements,in connection with
school closings to enable compliance with COVID-19 precautions.
Expenses to improve telework capabilities for public employees to enable compliance with
COVID-19 public health precautions.
Expenses of providing paid sick and paid family and medical leave to public employees to
enable compliance with COVID-19 public health precautions.
COVID-19-related expenses of maintaining state prisons and county jails,including as relates to
sanitation and improvement of social distancing measures,to enable compliance with COVID-19
public health precautions.
Expenses for care for homeless populations provided to mitigate COVID-19 effects and
enable compliance with COVID-19 public health precautions.
5.Expenses associated with the provision of economic support in connection with the COVID-19
public health emergency,such as:
City of Pasco -Fire Department Contract 2020 Page I13Page 18 of 56
o Expenditures related to the provision of grants to small businesses to reimburse the costs of
business interruption caused by required closures.
o Expenditures related to a State,territorial,local,or Tribal government payroll support
program.
0 Unemployment insurance costs related to the COVID-19 public health emergency if such
costs will not be reimbursed by the federal government pursuant to the CARES Act or
othewvise.
6.Any other COVID-19-relatedexpenses reasonably necessary to the function of government that
satisfy the Fund's eligibilitycriteria.
Nonexclusive examples of ineligible expenditures3
The following is a list of examples of costs that would not be eligible expenditures of payments from the
Fund.
1-Expenses for the State share of Medicaid.‘
2.Damages covered by insurance.
3.Payroll or bene?ts expenses for employees whose work duties are not substantially dedicated to
mitigating or responding to the COVID-19 public health emergency.
3 In addition,pursuant to section 5001 (b)of the CARES Act,payments from the Fund may not be expended for an
elective abortion or on research in which a human embryo is destroyed,discarded,or knowingly subjected to risk of
injury or death.The prohibition on payment for abortions does not apply to an abortion if the pregnancy is the result of
an act of rape or incest;or in the case where a woman suffers from a physical disorder,physical injury,or physical
illness,including a life-endangering physical condition caused by or arising from the pregnancy itself,that would,as
certi?ed by a physician,place the woman in danger of death unless an abortion is performed.
Furthermore,no government which receives payments from the Fund may discriminate against a health care entity
on the basis that the entity does not provide,pay for,provide coverage of,or refer for abortions.
4 See 42 C.F.R.§433.51 and 45 C.F.R.§75.306.
4.Expenses that have been or will be reimbursed under any federal program,such as the
reimbursement by the federal government pursuant to the CARES Act of contributions by States to
State unemployment funds.
Reimbursement to donors for donated items or services.
Workforce bonuses other than hazard pay or overtime.
Severance pay.
Legal settlements.
?°."9‘."'
Supplemental Guidance on Use of Funds to Cover Payroll and Benefits of Public Employees
As discussed in the Guidance above,the CARES Act provides that payments from the Fund must be used
only to cover costs that were not accounted for in the budget most recently approved as of March 27,2020.
As reflected in the Guidance and FAQs,Treasury has not interpreted this provision to limiteligible costs to
those that are incremental increases above amounts previously budgeted.Rather,Treasury has interpreted
this provision to exclude items that were already covered for their original use (or a substantially similar use).
This guidance re?ects the intent behind the Fund,which was not to provide general ?scal assistance to state
governments but rather to assist them with COVID-19-related necessary expenditures.With respect to
personnel expenses,though the Fund was not intended to be used to cover government payroll expenses
generally,the Fund was intended to provide assistance to address increased expenses,such as the
expense of hiring new personnel as needed to assist with the government's response to the public health
City of Pasco -Fire Department Contract 2020 P 3 8 9 I 14
Page 19 of 56
emergency and to allow recipients facing budget pressures not to have to lay off or furlough employees who
would be needed to assist with that purpose.
Substantially different use
As stated in the Guidance above,Treasury considers the requirement that payments from the Fund be used
only to cover costs that were not accounted for in the budget most recently approved as of March 27,2020,
to be met if either (a)the cost cannot lawfully be funded using a line item,allotment,or allocation within that
budget or (b)the cost is for a substantially different use from any expected use of funds in such a line item,
allotment,or allocation.
Treasury has provided examples as to what would constitute a substantially different use.Treasury provided
(in FAQ A.3)that costs incurred for a substantially different use would include,for example,the costs of
redeploying educational support staff or faculty to develop online learning capabilities,such as through
providing infomiation technology support that is not part of the staff or faculty's ordinary responsibilities.
Substantially dedicated
Within this category of substantially different uses,as stated in the Guidance above,Treasury has included
payroll and benefits expenses for public safety,public health,health care,human services,and similar
employees whose services are substantially dedicated to mitigating or responding to the COVlD-19 public
health emergency.The full amount of payroll and bene?ts expenses of substantially dedicated employees
may be covered using payments from the Fund.Treasury has not developed a precise de?nition of what
“substantially dedicated”means given that there is not a precise way to de?ne this term
across different employment types.The relevant unit of government should maintain documentation of the
“substantially dedicated”conclusion with respect to its employees.
If an employee is not substantially dedicated to mitigating or responding to the COVID-19 public health
emergency,his or her payroll and bene?ts expenses may not be covered in full with payments from the
Fund.A portion of such expenses may be able to be covered,however,as discussed below.
Public health and public safety
In recognition of the particular importance of public health and public safety workers to State,local,and tribal
government responses to the public health emergency,Treasury has provided,as an administrative
accommodation,that a State,local,or tribal government may presume that public health and public safety
employees meet the substantially dedicated test,unless the chief executive (or equivalent)of the relevant
government determines that speci?c circumstances indicate otherwise.This means that,if this presumption
applies,work perfonned by such employees is considered to be a substantially different use than accounted
for in the most recently approved budget as of March 27,2020.All costs of such employees may be
covered using payments from the Fund for services provided during the period that begins on March 1,
2020,and ends on December 30,2020.
In response to questions regarding which employees are within the scope of this accommodation,Treasury
is supplementing this guidance to clarify that public safety employees would include police of?cers (including
state police of?cers),sheriffs and deputy sheriffs,?re?ghters,emergency medical responders,correctional
and detention of?cers,and those who directly support such employees such as dispatchers and supervisory
personnel.Public health employees would include employees involved in providing medical and other
health services to patients and supervisory personnel,including medical staff assigned to schools,prisons,
and other such institutions,and other support services essential for patient care (e.g.,laboratory
technicians)as well as employees of public health departments directly engaged in matters related to public
health and related supervisory personnel.
Not substantially dedicated
City of Pasco -Fire Department Contract 2020 P a g e |15Page 20 of 56
As provided in FAQ A.47,a State,local,or tribal government may also track time spent by employees
related to COVID-19and apply Fund payments on that basis but would need to do so consistently within
the relevant agency or department.This means,for example,that a government could cover payroll
expenses allocated on an hourly basis to employees’time dedicated to mitigating or responding to the
COVID-19 public health emergency.This result provides equitable treatment to governments that,for
example,instead of having a few employees who are substantially dedicated to the public health
emergency,have many employees who have a minority of their time dedicated to the public health
emergency.
Covered bene?ts
Payroll and benefits of a substantially dedicated employee may be covered using payments from the Fund
to the extent incurred between March 1 and December 30,2020.
Payroll includes certain hazard pay and overtime,but not workforce bonuses.As discussed in FAQ A.29,
hazard pay may be covered using payments from the Fund if it is provided for performing hazardous duty or
work involving physical hardship that in each case is related to COVID-19.This means that,whereas payroll
and bene?ts of an employee who is substantially dedicated to mitigating or responding to the COVID-19
public health emergency may generally be covered in full using payments from the Fund,hazard pay
speci?cally may only be covered to the extent it is related to COVID-19.For example,a recipient may use
payments from the Fund to cover hazard pay for a police of?cer coming in close
contact with members of the public to enforce public health or public safety orders,but across-the-board
hazard pay for all members of a police department regardless of their duties would not be able to be covered
with payments from the Fund.This position re?ects the statutory intent discussed above:the Fund was
intended to be used to help governments address the public health emergency both by providing funds for
incremental expenses (such as hazard pay related to COVID-19)and to allow governments not to have to
furlough or lay off employees needed to address the public health emergency but was not intended to
provide across-the-board budget support (as would be the case if hazard pay regardless of its relation to
COVID-19 or workforce bonuses were permitted to be covered using payments from the Fund).
Relatedly,both hazard pay and overtime pay for employees that are not substantially dedicated may only
be covered using the Fund if the hazard pay and overtime pay is for COVID-19-related duties.As discussed
above,governments may allocate payroll and bene?ts of such employees with respect to time worked on
COVID-19-related matters.
Covered bene?ts include,but are not limited to,the costs of all types of leave (vacation,family-related,
sick,military,bereavement,sabbatical,jury duty),employee insurance (health,life,dental,vision),
retirement (pensions,401(k)),unemployment bene?t plans (federal and state),workers compensation
insurance,and Federal Insurance Contributions Act (FICA)taxes (which includes Social Security and
Medicare taxes).
Supplemental Guidance on Use of Funds to Cover Administrative Costs
General
Payments from the Fund are not administered as part of a traditional grant program and the provisions of
the Uniform Guidance,2 C.F.R.Part 200,that are applicable to indirect costs do not apply.Recipients may
not apply their indirect costs rates to payments received from the Fund.
Recipients may,if they meet the conditions speci?ed in the guidance for tracking time consistently across a
department,use payments from the Fund to cover the portion of payroll and benefits of employees
corresponding to time spent on administrative work necessary due to the COVID-19 public health
emergency.(In other words,such costs would be eligible direct costs of the recipient).This includes,but is
City of Pasco -Fire Department Contract 2020 P 3 8 9 I 15
Page 21 of 56
not limited to,costs related to disbursing payments from the Fund and managing new grant programs
established using payments from the Fund.
As with any other costs to be covered using payments from the Fund,any such administrative costs must be
incurred by December 30,2020,with an exception for certain compliance costs as discussed below.
Furthermore,as discussed in the Guidance above,as with any other cost,an administrative cost that has
been or will be reimbursed under any federal program may not be covered with the Fund.For example,if an
administrative cost is already being covered as a direct or indirect cost pursuant to another federal grant,the
Fund may not be used to cover that cost.
Compliance costs related to the Fund
As previously stated in FAQ B.11,recipients are permitted to use payments from the Fund to cover the
expenses of an audit conducted under the Single Audit Act,subject to the limitations set forth in 2 C.F.R.
§200.425.Pursuant to that provision of the UniformGuidance,recipients and subrecipient’s subject to the
Single Audit Act may use payments from the Fund to cover a reasonably proportionate share of the costs
of audits attributable to the Fund.
To the extent a cost is incurred by December 30,2020,for an eligible use consistent with section 601 of the
Social Security Act and Treasury's guidance,a necessary administrative compliance expense that relates to
such underlying cost may be incurred after December 30,2020.Such an expense would include,for
example,expenses incurred to comply with the Single Audit Act and reporting and recordkeeping
requirements imposed by the Office of Inspector General.A recipient with such necessary administrative
expenses,such as an ongoing audit continuing past December 30,2020,that relates to Fund expenditures
incurred during the covered period,must report to the Treasury Of?ce of Inspector General by the quarter
ending September 2021 an estimate of the amount of such necessary
administrative expenses.
City of Pasco -Fire Department Contract 2020 .P a g e |17Page 22 of 56
'
Benton-Franklin Community Test Site —Term Sheet Exhibit B
'09.22.2020
Benton Franklin Health District:(Commons and DOH will support)
o Test site selection and securing appropriate contracting documentation with site owner
Infection control protocols,initial inventory of PPE and put in place a system for on-going inventory
management
Long terms procurement of supplies ---Ongoing Kits,PPE
Local procurement of technology/tents/tables/supplies to operate test site (as needed)
Logistics support
Patient communication design including mu|ti—|ingua|patient handouts and scripts that incorporate
language accessibility
o Provide signage and supplies to manage flow and redirect traffic (e.g.,pylons,barricades),and
support accessibility goals.Ordering Physician unless otherwise provided by EMS Medical Command
o Lab Courier Service (maybe bundled with reference lab contract)
o Set up notification process /customer service for positive patients (consider contractl partnering
with local agency)
-Facilitate on-site staff access to Language line for non-English speaking customers
Pasco Fire:(Commons,EOC and GCACH will support)
Local test site command (scheduling/daily operations)
Recruit Columbia Safety to run daily test site operations
Ensure Local test site is supplied/organized to operate
Timely requests to EOC for any supplies to ensure no gaps in materials
Site plan including an agreed upon traffic flow with local jurisdiction
Supervise and assure safety for all personnel while onsite
Monthly financial activity reports detailing expenditures for which reimbursement is requested
Monthly labor reports to BFHD for direct payment (Fire District name,employee name,date(s),
hours worked and any other documentation to assist DOH with validation of invoices to reimburse
Fire Districts for operational labor support)
o Maintain additional financial backup documentation such as payroll and general ledger and provide
upon request
o Other reporting as requested by DOH
-A positive patient experience
Greater Columbia ACH:(Pasco Fire and EOC willsupport)
0 Developing and implementing marketing strategy for test site.Partner with local community advocates,employers,leaders and county agencies to ensure
community is knowledgeable about test site.
Columbia Safety:(Pasco Fire to support)
-Recruiting,hiring,onboarding,and continued HR support of Swabbers,Registered Technician
Leads,Registered Technicians,and Traffic Positions
0 A positive patient experience
DOHIHCA:(EOC and Commons will support)
City of Pasco —Fire Department Contract 2020 ‘r i l 13
Page 23 of 56
o Funding for BFHD and Pasco Fire to set up and operate test sites
o Reference Lab and software selection/contracting with those suppliers
o Ongoing Kits,PPE as needed
SOLV Health:(Commons will support)
0 Provide technical software to support customer registration,sample collection,lab processing,and
result noti?cation (QR code)
0 Provide dry run and launch support to site team and staff
0 Work with UW Med Lab,Commons and site team to ensure quick resolution of any IT related
bugshssues
UW Med Lab:(Pasco Fire and BFHD will support)
Provide testing for all samples collected at site
Provide technical and work?ow feedback related to specimen collection errors
Provide courier services and pick-up on-site Thursday-Monday
Provide cardboard test tube containers to BFHD
Commons:(EOC and DOH willsupport)
Overall Program Management
Consumer marketing /demand generation for local site/registration website
Con?guration of registration software/timekeeping and related technology
Initialtraining and scheduling of personnel to administer tests.registration staff,traffic control,and
parking enforcement
o Establish on-site laboratory protocols and create touchpoints between CTS,site supervisors and
lab to ensure open communication and continuous improvement
-Support local Fire with initial set up,training and site operations
City of Pasco -Fire Department Contract 2020 P a g e I 19Page 24 of 56
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Page 25 of 56
o Funding for BFHDand Pasco Fire to set up and operate test sites
o Reference Lab and software selection/contracting with those suppliers
o Ongoing Kits,PPE as needed
SOLV Health:(Commons willsupport)
0 Provide technical software to support customer registration,sample collection,lab processing,and
result noti?cation (QR code)
0 Provide dry run and launch support to site team and staff
0 Work with UW Med Lab,Commons and site team to ensure quick resolution of any lT related
bugs/issues
UW Med Lab:(Pasco Fire and BFHD will support)
Provide testing for all samples collected at site
Provide technical and workflowfeedback related to specimen collection errors
Provide courier services and pick-up on-site Thursday-Monday
Provide cardboard test tube containers to BFHD
Commons:(EOC and DOH willsupport)
Overall Program Management
Consumer marketing I demand generation for local site/registration website
Con?guration of registration software/timekeeping and related technology
Initial training and scheduling of personnel to administer tests,registration staff,traf?c control,and
parking enforcement
o Establish on-site laboratory protocols and create touchpoints between CTS,site supervisors and
lab to ensure open communication and continuous improvement
o Support local Fire with initialset up,training and site operations
City of Pasco —Fire Department Contract 2020 P 3 8 6 I 19Page 26 of 56
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Page 27 of 56
,,mu l(';‘N...
3‘1 ExhibitD
5‘/DEPARTMENT OF HEALTH &HUMAN SERVICES Of?ce ofthe Secretary
%‘The General Counsel
“am Washington,n.c.20201
"Jan
ADVISORY OPINION oN THE PUBLIC READINESS AND EMERGENCY PREPAREDNESSACT AND
THE MARCH 10,2020 DECLARATION UNDER THE ACT
APRIL17,2020,As MODIFIED ON MAY 19,2020
Purpose of this Advisory Opinion
On March 10,2020,the Secretary of Health and Human Services (Secretary)issued a
Declaration under the Public Readiness and Emergency Preparedness Act (PREP Act),effective
February 4,2020,for certain medical products to be used against COVID—19.See85 Fed.Reg.15,198,
15,202 (March 17,2020);Tee a/:0 Pub.L.No.109-148,Public Health Service Act §319F—3,42 U.S.C.
§247d-6d and 42 U.S.C.§247d—6e.
We have received requests for advisory opinions,especiallyfrom those donating goods and
services,on whether various activities qualify for PREP Act immunity.The Office of the General
Counsel will make every effort to respond to each request.But we have limited resources,especially
in this time of national emergency.To minimize the need to request an advisory opinion,we issue
this omnibus advisory opinion that should address most questions and concerns about the scope of
PREP Act immunity during the Coronavirus disease 2019 (COVID—19)pandemic.
This advisory opinion sets forth the current views of the Office of the General Counsel.‘It
is not a final agency action or a ?nal order.Nor does it bind HHS or the federal courts.It does not
have the force or effect of law.
The PREP Act
PREP Act immunity applies to any “covered person”with respect to all “claims for loss”
caused by,arising out of,relatingto,or resultingfrom the “administration”or the “use”of a “covered
countermeasure”if a declaration has been issued with respect to that countermeasure.42 U.S.C.
§247d-6d(a)(1).\Ve often receive questions about whether a medical product is a covered
countermeasure,whether a person is a covered person,and whether a specificactivityquali?es as use
or administration of a covered countermeasure.
Therefore,this advisory opinion
0 provides a list of covered countermeasures subject to an Emergency
Use Authorization (EUA);:
'SeeAir Brake .Y}.r.,Im.11.Mirtela,357 F.3d 632,647-48 (6th Cir.2004)(holding that the Chief
Counsel of the National Highway Traffic Safety Administration had delegated authority to issue
advisory opinions to regulated entities in ful?llment of a congressionaldirective to promote regulatory
compliance);5 U.S.C.§301 (“The head of an executive department may prescribe regulations for
the government of his department,the conduct of its employees,[and]the distribution and
performance of its businesS[.]”).
2 fee Appendix A,https://www.fda.gov/media/136702/download Appendix B,
htrns:www.fda.gnv media/136832 download .
1
Page 28 of 56
0 advises that an entity or individual who complies with all other
requirements of the PREP Act and the conditions of the Secretary’s
declaration will not lose PREP Act irnmunity—even if the medical
product at issue is not a covered countermeasure—if that entity or
individual reasonably could have believed that the product was a
covered countermeasure;
0 advises that a person who complieswith all other requirementsof the
PREP Act and the conditions of the Secretary’sdeclaration will not
lose PREP Act irnmunity—even if the person at issue is not a covered
person—if the entity or individual reasonablycould have believed that
the person was a covered person;and
0 sets forth HHS’s view that covered persons should take,and
document,reasonable precautions under the current emergent
circumstances to facilitate the safe use or administration of covered
countermeasures and to make those documents publicly and easily
available.
If all requirementsof the PREP Act and the declaration are met,immunity covers claims for
loss soundingin tort or contract,as well as claims for loss relatingto compliancewith local,’state,or
federal laws,regulations,or other legal requirements.Immunity applies when a covered person
engages in activities related to an agreement or arrangement with the federal government,or when a
covered person acts according to an Authority Having Jurisdictionto respond to a declared
emergency.We interpret these two conditions broadlyto include (1)any arrangement with the federal
government,or (2)any activity that is part of an authorized emergency response at the federal,
regional,state,or local level.Such activities can be authorized through,among other things,guidance,
requests for assistance,agreements,or other arrangements.Because the Secretary issued a Public
Health Emergency declaration on January 31,2020,effective as of January 27,2020,the immunity
granted by the PREP Act under this declaration appliesregardlessof whether state or local authorities
have declared states of emergencies.
A few caveats about PREP Act immunity:First,PREP Act immunity is not absolute.For
example,the PREP Act does not provide immunity against federal enforcement actions brought by
the federal govemment—whethercivil,criminal,or administrative.Nor does the PREP Act provide
immunityagainstsuit and liabilityfor claimsunder federal law for equitablerelief.PREP Act immunity
(exempting preemption)is also limited to claims for personal injury or damage to property.Seconzl,
the PREP Act replacescertain damages claims that would normallybe brought in court with a no-
fault compensationsystem outlined at 42 C.F.R.pt.110.T/Jird,PREP Act immunity must be read in
light of the PREP Act’s broad,express—preemptionprovision.4
3 While PREP Act immunity does not expresslyextend to local laws,the Act expresslypreempts
any State and local law that “is different from,or is in con?ict with,any requirementapplicableunder
[the PREP Act].”42 U.S.C.§247d-6d(b)(8).
4 Under §247d-6d(b)(8)(A),(1)“no State or political subdivision of a State may establish,
enforce,or continue in effect with respect to a covered countermeasure any provision of law or legal
requirement that is different from,or it in corg?ictwitl),any requirementapplicableunder this section”
2
Page 29 of 56
COVCICCICOIIIIICIITICGSIJICS
The PREP Act authorizes the Secretary to issue a declaration to provide liabilityimmunity to
certain individuals and entities (covered persons)against any claim of loss caused by,arising out of,
relating to,or resulting from the manufacture,distribution,administration,or use of medical
countermeasures (covered countermeasures).Under the March 10,2020 declaration,covered
countermeasures are any
antiviral,any other drug,any biologic,any diagnostic,any other device,
or any vaccine,used to treat,diagnose,cure,prevent,or mitigate
COVID—19,or the transmission of SARS-CoV—2or a virus mutating
therefrom,or any device used in the administration of any such
product,and all components and constituent materials of any such
product.
85 Fed.Reg.15,193,15,202 (March 17,2020).
Any drug,device,or biologicalproduct that is approved,cleared,or licensed by the FDA and
is used to diagnose,mitigate,prevent,treat,cure,or limit the harm of COVID-19 is a covered
countermeasure.The Coronavirus Aid,Relief,and Economic Security (CARES)Act §3103,Pub.L.
No.116-136 (March 27,2020),amended the PREP Act to add respiratory protective devices to the
list of covered countermeasures so long as they are NIOSH approvedand determined by the Secretary
to be a priority for use during a public health emergency declared by the Secretary under section 319
of the Public Health Service Act.5 See 42 U.S.C.§§247d,247d-6d(i)(1)(D).Any drug,device,or
biologicalproduct authorized for emergency use with respect to COVID—19under an EUA,described
in Emergency Use Instructions (EUI)issued by the CDC,or being researched under certain
investigationalprovisions (i.e.,IND,IDE)to treat COVID—19is a covered countermeasure.See 21
C.F.R.pts.312 and 812.In addition,as noted above,the CARES Act amended the PREP Act to
include certain respiratory protective devices.These requirements apply equallyto products held in
the public and private sectors.
Covered countermeasures include,among other things,a “quali?ed pandemic or epidemic
product.”See42 U.S.C.§247d-6d(i)(1)(A).The term “quali?ed pandemicor epidemicproduct”
means
a drug biologicalproduct or device [as]de?ned ?n]the
Federal Food,Drug,and Cosmetic Act that is
(A)(i)a product manufactured,used,designed,developed,modi?ed,
licensed,or procured—(I)to diagnose,mitigate,prevent,treat,or
cure a pandemic or epidemic;or (II)to limit the harm such
pandemic or epidemicmight otherwisecause;
and (2)relates to,among other things,use or administration of the covered countermeasure.
(Emphasis added).
5 The Secretary issued an amendment to the Declaration effective March 27,2020 to address
this statutory change.85 Fed.Reg.21,012 (April15,2020).
3
Page 30 of 56
(ii)a product manufactured,used,designed,developed,modi?ed,
licensed,or procured to diagnose,mitigate,prevent,treat,or cure
a serious or life-threateningdisease or condition caused by a
product described in clause (i);or
a product or technologyintended to enhance the use or effect
of a drug,biologicalproduct,or device described in clause (i)or
(ii);and
(B)(i)approvedor cleared under chapterV of the Federal Food,Drug,
and Cosmetic Act [21 U.S.C.§351 et seq.]or licensedunder section
262 of this title;
(ii)the object of research for possible use as described by
subparagraph(A)and is the subject of an exemptionunder section
505(i)or 520(g)of the Federal Food,Drug,and Cosmetic Act [21
U.S.C.§§355(i),360j(g)];or
(iii)authorized for emergency use in accordance with section 564,
564A,or 564B of the Federal Food,Drug,and Cosmetic Act [21
U.S.C.§§360bbb—3,360bbb-3a,360bbb—3b].
42 U.S.C.§247d-6d(i)(7).
Thus,in order to meet the de?nition of a quali?edpandemicor epidemicproduct,a product
(1)must be used for COVID-19;and
(2)must be
(a)approved,licensed,or cleared by FDA;
(b)authorized under an EUA;
(c)described in an EUI;or
(d)used under either an Investigational New Drug (IND)
applicationor an InvestigationalDevice Exemption (IDE).6
The number of products used for COVID-19 that are approved,licensed,or cleared are too
numerous to list.But we have found that industry has often sought clarityregardingwhether certain
products,includingdiagnostictests and personalprotective equipment (PPE),are covered by EUAs.
Footnote 2,above,links to a list those products that are covered by EUAs.We hope that this list
proves helpful.HHS will use its best efforts to regularlyupdate that list,although there may be a lag
between the actual issuance of the EUA by FDA and the product’s appearance on the list.
Given the broad scope of PREP Act immunity,Congress did not intend to impose a strict-
liabilitystandard on covered persons for determiningwhether a productis a covered countermeasure.
Instead,we believe that a person or entity that otherwise meets the requirements for PREP Act
immunitywill not lose that immunity—even if the product is not a covered countermeasure—-if that
person or entity reasonablycould have believed that the product was a covered countermeasure.See,
e.g.,42 U.S.C.§247d-6d(a)(4)(B)(applyingthe “reasonab1y-could-have-believed”standard to predicate
"While certain information about products under an IND or IDE is con?dential commercial
information and not subject to disclosure,some information is available to the public on
clinicaltrialsgov.
Page 31 of 56
requirements for PREP Act immunity not involving the actual use and administration of covered
countermeasures).
For example,FDA has issued EUAs for certain COVID-19 tests and PPE.A covered person
purchases 500,000 tests or respirators that appear to be authorized under an EUA.The covered
person has taken reasonable steps—underthe current,emergent circumstances—to substantiate the
authenticityof the products.But it turns out that some or all of the products are counterfeit.Under
those circumstances,we believe that the person would be immune against a claim arising out of the
use of a counterfeit test or respirator.
Covered Person
The PREP Act provides immunity to a “covered person”for certain activities (e.g.,
manufacturing,distributing,using,or administering)involving a “covered countermeasure,”as
de?ned in the PREP Act and delineated in a PREP Act declaration issued by the Secretary.The term
“covered person,”
when used with respect to the administration or use of a covered
countermeasure,means—
(A)the United States;or
(B)a person or entity that is-—
(i)a manufacturer of such countermeasure;
(ii)a distributor of such countermeasure;
(iii)a program planner of such countenneasure;
(iv)a quali?ed person who prescribed,administered,or
dispensedsuch countermeasure;or
(v)an official,agent,or employee of a person or entity
described in clause (i),(ii),or (iv).
42 U.S.C.§247d-6d(i)(2).We have received questions about the meaning of “program planner”and
“quali?edperson.”
The term “program planner”means
a State or local government,includingan Indian tribe,a person
employed by the State or local government,or other person who
supervised or administered a program with respect to the
administration,dispensing,distribution,provision,or use of a security
countermeasure or a quali?ed pandemic or epidemic product,
includinga person who has established requirements,provided policy
guidance,or supplied technical or scienti?c advice or assistance or
provides a facility to administer or use a covered countermeasure in
accordance with [the Secretary’sdeclaration].
42 U.S.C.§247d-6d(i)(6).
Page 32 of 56
Under the Secretary’sdeclaration,“[A]private sector employeror community group or other
‘person’can be a program plannerwhen it carries out the described activities.”85 Fed.Reg.at 15,202.
The term “quali?ed person,”when used
with respect to the administration or use of a covered countermeasure,
means-—(A)a licensed health professionalor other individual who is
authorized to prescribe,administer,or dispensesuch countermeasures
under the law of the State in which the countermeasure was prescribed,
administered,or dispensed;or (B)a person within a category of
persons so identi?ed in a declaration by the Secretary.
42 U.S.C.§247d-6d(i)(8).
With respect to that second category,the Secretary,through Section V of his declaration,has
determined that quali?edpersons also include
[a]ny person authorized in accordance with the public health and
medical emergency response of the Authority Having Jurisdiction,as
described in Section VII below,to prescribe,administer,deliver,
distribute or dispense the Covered Countermeasures,and their
officials,agents,employees,contractors and volunteers,followinga
Declaration of an emergency[.]
85 Fed.Reg.at 15,202.
Therefore,an Authority Havingjurisdiction has broad powers to extend PREP Act immunity
to additional individuals as part of a public health and medical emergency response.The Authority
Having jurisdiction does so by authorizing “any person”to “prescribe,administer,deliver,distribute
or dispense the Covered Countermeasures.”Section VII of the declaration explains that “[t]he
AuthorityHavingjurisdictionmeans the publicagency or its delegatethat has legalresponsibilityand
authority for responding to an incident,based on politicalor geographical(e.g.,city,county,tribal,
state,or federal boundarylines)or functional (e.g.,law enforcement,public health)range or sphereof
authority.”Id.As the lead federal public-healthagency that has legal responsibilityand authority for
responding to the COVID-19 emergency,HHS is an Authority Having Jurisdiction,but it is not the
only Authority HavingJurisdictiontorespond to the COVID-19 emergency.
The followingis an exampleof a quali?edperson under Sections V and VII of the declaration.
In response to the COVID-19 emergency,the HHS Of?ce of the Assistant Secretary for Health
(OASH)issued guidancefor licensed pharmaciststo order and administer COVID-19 tests,including
serology tests,that the FDA has authorized.Such tests are covered countenneasures under the
declaration.Thus,under Sections V and VII of the declaration,such pharmacistsare covered persons.
Speci?cally,they are quali?edpersons,as they are acting in accordance with guidance from HHS—an
Authority Having Jurisdictiontorespond—following a declared emergency by the Secretary.The
pharmacistsare covered as quali?ed persons (and hence as covered persons)even if they may not be
Page 33 of 56
licensed or authorized by the State to prescribe the tests pursuant to §247d-6d(i)(8)(A)),because they
?t within the alternativede?nition of “quali?ed persons”pursuant to paragraph §247d-6d(1)(8)(B),as
provided by the Secretaryin the declaration.
As with covered countermeasures,an entity or person that otherwise meets the requirements
for PREP Act immunity will not lose that irnmunity—even if the entity or person is not a covered
person—if that entity or person reasonably could have believed,under the current,emergent
circumstances,that the person was a covered person.See,e.g.,42 U.S.C.§247d-6d(a)(4)(B).
For example,a pharmacyallows its licensed pharmaciststo order FDA—authorized,self-swab
COVID-19 tests pursuant to the OASH guidance.Notwithstandingthe pharmacy’s reasonable-
compliancemeasures to ensure current licensure,it turns out that one of the pharmacists had
inadvertentlyallowed his license to expire.Under those circumstances,the pharmacy would still be
immune against a lawsuit relatingto the COVID-19 test prescribedby that pharmacist.
Reasonable Precautions
Under the PREP Act,immunity is broad.As a general matter,a covered person is immune
from liabilityfor all claims for loss except for willful misconduct that proximately caused death or
serious 42 U.S.C.§247d-6d(c)(3).Suits allegingan exception to immunity for covered persons
can only be brought before a three-judgecourt in the United States District Court for the District of
Columbia.42 U.S.C.§247d-6d(e)(1),And to prevail,a plaintiff must establish,by clear and
convincingevidence,that the willful misconduct proximatelycaused death or serious 42 U.S.C.
§247d-6d(c)(3).
’
But even then,certain acts or omissions remain immune from suit.For example,under 42
U.S.C.§247d-6d(c)(4),
Notwithstandingany other provision of law,a program planner or
quali?ed person shall not have engagedin “willful misconduct”as a
matter of law where such program planner or quali?edperson acted
consistent with applicabledirections,guidelines,or recommendations
by the Secretary regarding the administration or use of a covered
countermeasure that is speci?ed in the declaration under subsection
(b),provided either the Secretary,or a State or local health authority,
was provided with notice of information regarding serious physical
injury or death from the administration or use of a covered
countermeasure that is material to the plaintiffs alleged loss within 7
days of the actual discovery of such information by such program
planner or quali?ed person.
And under 42 U.S.C.§247d-6d(c)(5),certain acts or omissions by a manufacturer or distributor and
“subject to regulationby this chapter or by the Federal Food,Drug,and Cosmetic Act [21 U.S.C.301
et seq.]”will not constitute willful misconduct if (1)“neither the Secretary nor the Attorney General
has initiated an enforcement action with respect to such act or omission”or (2)“such an enforcement
action has been initiated and the action has been terminated or ?nally resolved without a covered
remedy.”
Page 34 of 56
Nevertheless,HHS encourages all covered persons using or administering covered
countermeasures to document the reasonable precautions they have taken to safely use the covered
countermeasures.
For example,consider a distributor of medical products that sources PPE from a new supplier
abroad in a good-faith attempt to quicklydeliver PPE to American communities affected by COVID-
19.Among other things,that distributor assesses the supplier’s facility to confirm that the supplier
actually manufactures the PPE.The distributor also con?rms that the supplier has quality—control
processes in place.
Under those circumstances,the distributor may wish to make available to the purchaser
information about the reasonable efforts that the distributor had taken to safely use the covered
countermeasures.Purchasers such as hospitals would then be able to make more informed decisions
about how best to use the PPE.Overall,this would provide greater transparency in implementing the
PREP Act.
Compensation for Injuries
The PREP Act,like workers’compensation or the National Vaccine Injury Compensation
Program,substitutes a no—fault,speedy compensation system in place of expensive and uncertain
litigation.Those who have been seriously injured or died as the direct result of a covered
countermeasure administered or used under a declaration may seek compensation from the Covered
Countermeasures Process Fund.Requests for bene?ts must be made to the Health Resources and
Services Administration’s Countermeasures Injury Compensation Program (CICP).Compensation
for serious injuries may be available to eligiblercquesters under CICP.
A serious injury generallymeans a physical injury that warranted hospitalization (whether or
not the person was actuallyhospitalized)or that led to a signi?cant loss of function or disability.42
C.F.R.§110.3(z).CICP pays reasonable and necessary medical bene?ts.CICP also pays lost wages
to eligiblerecipients.Death bene?ts may also be available to certain survivors of eligibleindividuals
who died as a direct result of the administration or use ofa covered countermeasure.CICP is payer
of last resort.So benefits are reduced by the amounts payableby other public and private thi.rd»party
payers (such as health insurance and workers’compensation).The regulationsimplementingthe CICP
are at 42 C.F.R.pt.110.
Compensation for injuriesis more limited than the liabilityimmunity afforded under the PREP
Act.As described above,the PREP Act provides immunity for all claims for loss.But CICP will
provide compensation only for eligible claims of serious physical injury or death.CICP will not
compensate claims related to emotional injury,fear of injury,business losses,or other types of claims
for which immunity is provided.Information about this program can be found at
about indr:x.hIm|or by calling 855-266-2427.\\'\\\\'.lirsa.ov cic
Limitations
This Advisory Opinion may be supplemented or modified.It is intended to minimize the
need for individual advisory opinions.
Page 35 of 56
Persons seekingPREP Act immunity are responsiblefor determiningwhether their products
are covered countermeasures,whether a person or entity is a covered person,whether reasonable
precautions have been taken to facilitate the safe use of covered countermeasures,and in general,
whether immunity appliesto them and their activities.
Ra-barfP.Charraw
Robert P.Charrow
General Counsel
May 19,2020
Page 36 of 56
AGENDA REPORT
FOR:City Council September 24, 2020
TO:Dave Zabell, City Manager Remote Special Meeting :
9/28/20
FROM:Bob Gear, Fire Chief
Fire Department
SUBJECT:Resolution - Professional Services Agreement with Columbia Safety LLC for
COVID-19 Testing Site
I.REFERENCE(S):
Resolution
Professional Services Agreement
II.ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the Professional Services Agreement with Columbia
Safety LLC for the COVID-19 testing site.
III.FISCAL IMPACT:
$722,115 (to be reimbursed 100% by Benton-Franklin Health District with CARES
funds)
IV.HISTORY AND FACTS BRIEF:
City Council authorized the City Manager to complete negotiations and execute an
Interlocal Agreement with Benton-Franklin Health District (BFHD) and a professional
services agreement (PSA) Columbia Safety LLC consistent with the terms presented at
the September 21 regular meeting for a COVID-19 testing site as it was a time
sensitive matter.
The Interlocal Agreement with BFHD established the City of Pasco (City) as the
primary contractor and BFHD as the reimbursing agency for operational expenses as
well as supplier of personal protective equipment (PPE) and testing and sanitizing
supplies for the site.
The proposed PSA with Columbia Safety LLC creates a contractor (City)-
subcontractor (Columbia Safety LLC) relationship. As explained in the attached PSA,
Columbia Safety LLC will provide staffing, training, and qualification of medical
Page 37 of 56
personnel who will conduct the screening and testing services at the site. Through
performance metrics, the City will advise Columbia Safety LLC on necessary staffing
levels to ensure they are consistent with needs. By maintaining site management and
operation control the City will effectively implement cost-control measures.
V.DISCUSSION:
City Council's authorization to complete the agreement enabled the testing site to open
on Thursday, September 24. On its first day of operation, 78 patients were tested and
staff expects this number to increase with operations being available on weekends.
Staff recommends approval of the Professional Services Agreement.
Page 38 of 56
Resolution – Professional Services Agreement with Columbia Safety LLC for COVID -19 Testing Site 1
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO
RATIFYING THE EXECUTION OF THE PROFESSIONAL SERVICES
AGREEMENT WITH COLUMBIA SAFETY, LLC FOR THE COVID-19
TESTING SITE.
WHEREAS, the City of Pasco, Washington and Benton-Franklin Health District entered
into an Interlocal Agreement for the reimbursement of expenses for a COVID-19 community
testing site; and
WHEREAS, the City of Pasco, Washington will provide site command and assure safety
for all personnel onsite; and
WHEREAS, Columbia Safety, LLC will provide services for the registration, testing, and
medical exam processing for the COVID-19 testing site; and
WHEREAS, on September 21, 2020, the City Council of the City of Pasco authorized the
City Manager to negotiate and execute an agreement with Columbia Safety, LLC consistent with
the terms discussed at that Regular Meeting subject to ratification by Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. That the City Council of the City of Pasco ratifies and approves of the terms and
conditions of the Professional Services Agreement between the City of Pasco and Columbia
Safety, LLC, as attached hereto and incorporated herein as Exhibit A; and
PASSED by the City Council of the City of Pasco, Washington this 28th day of September,
2020.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
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PROFESSIONAL SERVICES AGREEMENT
Columbia Safety, LLC
THIS AGREEMENT is made and entered into between the City of Pasco, a Washington
Municipal Corporation, hereinafter referred to as “City”, and Columbia Safety, LLC, hereinafter
referred to as “Consultant,” on the 23rd day of September, 2020.
RECITALS
WHEREAS, the City desires to have certain services and/or tasks performed as set forth
below requiring specialized skills, training, equipment, and other supportive capabilities; and
WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills,
experience, equipment, and necessary capabilities, including: technical and professional expertise,
when required, to perform the services and/or tasks as set forth in this Agreement upon which the
City is relying.
NOW, THEREFORE, in consideration of the mutual covenants, and performances
contained herein, the parties agree as follows:
1. Scope of Services. The Consultant shall perform such services and accomplish such tasks,
including the furnishing of all labor, materials, facilities and equipment necessary for full
performance thereof, as identified and designated as Consultant’s Responsibilities
throughout this Agreement, and as more particularly described in Scope of Work detailed
in Exhibit A, attached hereto and incorporated herein (the “Project”).
2. Term. This Project shall begin on the execution date listed above and be completed by
September 30, 2022.
3. Compensation and Payment.
3.1 Payment for services described in the Scope of Work shall be made following the
performance of such services. Such payment shall be full compensation for work
performed or services rendered, and for all labor, materials, supplies, equipment,
and incidentals necessary to complete the Project.
3.2 No payment shall be made for any services rendered by the Consultant except for
services identified and set forth in this Agreement except as may be authorized by
a written supplemental agreement approved by the City.
3.3 The City shall pay the Consultant for work performed under this Agreement upon
bi-weekly submitted invoices detailing work performed and expenses for which
reimbursement is sought. The City shall approve all invoices before payment is
issued. Payment shall occur within fifteen (15) days of receipt and approval of an
invoice. With respect to the unpaid amount of any invoice not paid in full within
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fifteen (15) days of receipt, a penalty of six percent (6%) of the unpaid amount shall
accrue, increasing to eighteen percent (18%) for any amount remaining unpaid after
thirty (30) days from receipt.
3.4 The City shall pay the Consultant for all work performed and expenses incurred
under this Agreement, as follows.
☒ Hourly (Multiple Rate): Such rates as identified in Exhibit B, plus actual
expenses incurred as provided under this Agreement, but not to exceed a
total of $722,115.00 without the prior written authorization by the City.
4. Reports and Inspections.
4.1 The Consultant at such times and in such forms as the City may require, shall
furnish to the City such statements, records, studies, surveys, reports, data, and
information as the City may request pertaining to matters covered by this
Agreement.
4.2 The Consultant shall, at any time during normal business hours and as often as the
City or the Washington State Auditor may reasonably deem necessary, make
available for examination all of its records and data with respect to all matters
covered, directly or indirectly, by this Agreement and shall permit the City, or its
designated authorized representative to audit and inspect other data relating to all
matters covered by this Agreement. The City shall receive a copy of all audit
reports made by the agency or firm as to the Consultant’s activities. The City may,
at its discretion, conduct an audit at its expense, using its own or outside auditors,
of the Consultant’s activities which relate, directly or indirectly, to this Agreement.
Consultant shall be provided a copy of such reports.
4.3 The Consultant, during the term of this Agreement, shall obtain all permits and
registration documents necessary for the performance of its work and for the
execution of services at its own expense, and shall maintain its validity. Upon
request, the Consultant shall deliver to the City copies of these licenses, registration
documents, and permits or proof of their issuance or renewal.
4.4 Consultant shall maintain books, records and documents, which sufficiently and
properly reflect all direct and indirect costs related to the performance of this
Agreement, and shall maintain such accounting procedures and practices as may be
necessary to assure proper accounting of all funds paid pursuant to this Agreement.
These records shall be subject, at all reasonable times, to inspection, review, or
audit as provided above.
4.5 The Consultant shall retain all books, records, documents or other material relevant
to this Agreement for three (3) years after its expiration. Consultant agrees that the
City, or its designee, shall have full access and right to examine any of said
materials at all reasonable times during this period.
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5. Ownership and Use of Documents.
5.1 All research, tests, surveys, preliminary data, information, drawings and documents
made, collected, or prepared by the Consultant for performing the services subject
to this Agreement, as well as any final product, collectively referred to as “work
product,” shall be deemed as the exclusive property of the City, including copyright
as secured thereon. Consultant may not use them except in connection with the
performance of the services under this Agreement or with the prior written consent
of the City. Any prior copyrighted materials owned by the Consultant and utilized
in the performance of the services under this Agreement, or embedded in with the
materials, products and services provided thereunder, shall remain the property of
the Consultant subject to a license granted to the City for their continued use of the
products and services provided under this Agreement. Any work product used by
the Consultant in the performance of these services which it deems as
“confidential,” “proprietary,” or a “trade secret” shall be conspicuously designated
as such.
5.2 In the event of Consultant’s default, or in the event that this Agreement is
terminated prior to its completion, the work product of the Consultant, along with
a summary of the services performed to date of default or termination, shall become
the property of the City, and tender of the work product and summary shall be a
prerequisite to final payment under this Agreement. The summary of services
provided shall be prepared at no additional cost, if the Agreement is terminated
through default by the Consultant. If the Agreement is terminated through
convenience by the City, the City agrees to pay Consultant for the preparation of
the summary of services provided.
6. Public Records.
6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW
“Public Records Act.” All preliminary drafts or notes prepared or gathered by the
Consultant, and recommendations of the Consultant are exempt prior to the
acceptance by the City or public citation by the City in connection with City action.
6.2 If the Consultant becomes a custodian of public records of the City and request for
such records is received by the City, the Consultant shall respond to the request by
the City for such records within five (5) business days by either providing the
records, or by identifying in writing the additional time necessary to provide the
records with a description of the reasons why additional time is needed. Such
additional time shall not exceed twenty (20) business days unless extraordinary
good cause is shown.
6.3 In the event the City receives a public records request for protected work product
of the Consultant within its possession, the City shall, prior to the release of any
protected work product or as a result of a public records request or subpoena,
provide Consultant at least ten (10) business days prior written notice of the pending
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release and to reasonably cooperate with any legal action which may be initiated
by the Consultant to enjoin or otherwise prevent such release.
7. Independent Contractor Relationship.
7.1 The parties intend that an independent contractor relationship is created by this
Agreement. The City is interested primarily in the results to be achieved; subject
to the scope of services and the specific requirements of this Agreement, the
implementation of services will lie solely with the discretion of the Consultant. No
agent, employee, officer or representative of the Consultant shall be deemed to be
an employee, agent, officer, or representative of the City for any purpose, and the
employees of the Consultant are not entitled to any of the benefits or privileges the
City provides for its employees. The Consultant will be solely and entirely
responsible for its acts and for the acts of its agents, employees, officers,
subcontractors or representatives during the performance of this Agreement.
7.2 In the performance of the services provided in this Agreement, Consultant is an
independent contractor with full authority to control and direct the performance of
the details of the work, however, the results of the work contemplated herein must
meet the approval of the City and shall be subject to the City’s general rights of
inspection and review to secure the satisfactory completion thereof.
7.3 The Consultant shall comply with all State and Federal laws including, but not
limited to:
7.3.1 The definition requirements of RCW 50.04.140 (Employment Security).
7.3.2 RCW 51.08.195 (Industrial Insurance).
7.3.3 Obtain a City of Pasco business license.
7.4 The City may, at its sole discretion, require the Consultant to remove any employee,
agent or servant from employment on this Project who, in the City’s sole discretion,
may be detrimental to the City’s interest.
8. Indemnification.
8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers,
officials, employees, and volunteers harmless from any and all claims, injuries,
damages, losses or suits including attorney fees, arising out of or resulting from the
acts, errors or omissions of the Consultant in performance of this Agreement,
except for injuries and damages caused by the negligence or malfeasance of the
City.
8.2 However, should a court of competent jurisdiction determine that this Agreement
is subject to RCW 4.24.115, then, in the event of liability for damages arising out
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of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Consultant, and the City, its officers, officials,
employees, and volunteers, the Consultant’s liability, including the duty and cost
to defend, hereunder shall be only to the extent of the Consultant’s negligence. It is
further specifically and expressly understood that the indemnification provided
herein constitutes the Consultant’s waiver of immunity under Industrial Insurance,
Title 51 RCW, solely for purposes of this indemnification. This waiver has been
mutually negotiated by the parties. The provisions of this section shall survive the
expiration or termination of this Agreement.
8.3 No liability shall attach to the City by reason of entering into this Agreement except
as expressly provided herein.
8.4 This indemnification shall include damages, penalties and attorney fees sustained
as a result of Consultant’s delayed or failed performance of Section 1 (Scope of
Services) above.
8.5 Consultant agrees that the work performed under this agreement is subject to the
Contractor Agreement between the City of Pasco and the Benton-Franklin Health
District. As such, the Consultant will be a Subcontractor to that agreement, and the
Subcontractor shall protect, defend, indemnify, and hold harmless Benton-Franklin
Health District (BFHD), its officers, employees and agents from any and all costs,
claims, judgements, and/or awards of damages arising out of, or in any way
resulting from the negligent act or omissions of subcontractor, its officers,
employees, and/or agents in connection with or in support of this
Contract. Subcontractor expressly agrees and understands that BFHD is a third
party beneficiary to this Contract and shall have the right to bring an action against
subcontractor to enforce the provisions of this paragraph.
9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the Consultant, its
agents, representatives, employees, or subcontractors. The Consultant’s maintenance of
insurance as required by the Agreement shall not be construed to limit the liability of the
Consultant to the coverage provided by such insurance, or otherwise limit the City’s
recourse to any remedy available at law or in equity.
9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types and
coverage described below:
9.1.1 Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be at least as broad as Insurance Services
Office (ISO) form CA 00 01.
9.1.2 Commercial General Liability insurance shall be at least as broad as ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
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operations, stop-gap independent contractors and personal injury and
advertising injury. The City shall be named as an additional insured under
the Consultant’s Commercial General Liability insurance policy with
respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
9.1.3 Workers’ Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
9.1.4 Professional Liability insurance appropriate to the Consultant’s profession.
9.2 Minimum Amounts of Insurance. Consultant shall maintain the following
insurance limits:
9.2.1 Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
9.2.2 Commercial General Liability insurance shall be written with limits no less
than:
☒ $2,000,000 each occurrence; and
☒ $2,000,000 general aggregate;
9.2.3 Professional Liability insurance, with no pandemic exclusions, shall be
written with limits no less than:
☒ $2,000,000 per claim; and
☒ $2,000,000 policy aggregate limit;
9.3 Other Insurance Provision. The Consultant’s Automobile Liability, Professional
Liability, and Commercial General Liability insurance policies are to contain, or be
endorsed to contain that they shall be primary insurance as respect the City. Any
insurance, self-insurance, or self-insured pool coverage maintained by the City
shall be excess of the Consultant’s insurance and shall not contribute with it.
9.3.1 The Consultant’s insurance shall be endorsed to state that coverage shall not
be cancelled by either party, except after thirty (30) days prior written notice
by certified mail, return receipt requested, has been given to the City.
9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A: VII.
9.5 Verification of Coverage. Consultant shall furnish the City with original
certificates and a copy of the amendatory endorsements, including, but not
necessarily limited to, the additional insured endorsement, evidencing the insurance
requirements of the Agreement before commencement of the work.
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9.6 Notice of Cancellation. The Consultant shall provide the City with written notice
of any policy cancellation within two (2) business days of their receipt of such
notice.
9.7 City Full Availability of Consultant Limits. If the Consultant maintains higher
insurance limits than the minimums shown above, the City shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability
maintained by the Consultant, irrespective of whether such limits maintained by the
Consultant are greater than those required by this Agreement or whether any
certificate of insurance furnished to the City evidences limits of liability lower than
those maintained by the Consultant.
9.8 Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the
City may, after giving five (5) business days’ notice to the Consultant to correct the
breach, immediately terminate the Agreement or, at its discretion, procure or renew
such insurance and pay any and all premiums in connection therewith, with any
sums so expended to be repaid to the City on demand, or at the sole discretion of
the City, offset against funds due the Consultant from the City.
10. Nondiscrimination. In the performance of this Agreement, the Consultant will not
discriminate against any employee or applicant for employment on the grounds of race,
creed, color, national origin, sex, marital status, age or the presence of any sensory, mental
or physical handicap; provided that the prohibition against discrimination in employment
because of handicap shall not apply if the particular disability prevents the proper
performance of the particular worker involved. The Consultant shall ensure that applicants
are employed, and that employees are treated during employment in the performance of
this Agreement without discrimination because of their race, creed, color, national origin,
sex, marital status, age or the presence of any sensory, mental or physical handicap.
Consultant shall take such action with respect to this Agreement as may be required to
ensure full compliance with local, State and Federal laws prohibiting discrimination in
employment.
11. Covenant Against Contingent Fees. The Consultant warrants that it has not employed
nor retained any company, firm, or person, other than a bona fide employee working
exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid
or agreed to pay any company, person or firm, other than a bona fide employee working
exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, the City shall have the right to
terminate this Agreement.
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12. Assignment and Subcontracting.
12.1 The City has awarded this Agreement to the Consultant due to its unique
qualifications to perform these services. The Consultant shall not ass ign (or
subcontract other than as specifically identified in Exhibit A) its performance under
this Agreement or any portions of this Agreement without the prior written consent
of the City, which consent must be sought at least thirty (30) days prior to th e date
of any proposed assignment.
12.2 Any work or services assigned or subcontracted hereunder shall be subject to each
provision of this Agreement including Section 6, Public Records; Section 10,
Nondiscrimination; proper bidding procedures where applicable; and all local, State
and Federal statutes, ordinances and guidelines.
12.3 Any technical or professional service subcontract not listed in this Agreement, must
have prior written approval by the City.
13. Termination.
13.1 Termination for Convenience. Either party may terminate this Agreement for any
reason upon giving the other party no less than ten (10) business days written notice
in advance of the effective date of such termination.
13.2 Termination for Cause. If the Consultant fails to perform in the manner called for
in this Agreement, or if the Consultant fails to comply with any other provisions of
this Agreement and fails to correct such noncompliance within five (5) business
days of written notice thereof, the City may terminate this Agreement for cause.
Termination shall be effected by serving a notice of termination on the Consultant
setting forth the manner in which the Consultant is in default. The Consultant will
only be paid for services and expenses complying with the terms of this Agreement,
incurred prior to termination.
13.3 Termination for Late Payment. In the event that the City fails to make payment in
full of an invoice when due, the Consultant shall have the right, at its sole option,
upon ten (10) business days’ written notice (“Suspension Notice”) to the City to
suspend performance of the Project until payment in full has been received. The
Consultant may thereafter terminate this Agreement for cause in the event that the
unpaid amount of an invoice is not paid within five (5) days of the City’s receipt of
a Suspension Notice. Termination shall be effected by serving a notice of
termination on the City setting forth the manner in which the City is in default.
14. General Provisions.
14.1 For the purpose of this Agreement, time is of the essence.
14.2 Notice. Notice provided for in this Agreement shall be sent by:
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14.2.1 Personal service upon the Project Administrators; or
14.2.2 Certified mail to the physical address of the parties, or by electronic
transmission to the e-mail addresses designated for the parties below.
14.3 The Project Administrator for the purpose of this Agreement shall be:
14.3.1 For the City: Bob Gear, or his designee
525 N 3rd Ave
Pasco, WA 99301
(509) 528-1650
gearb@pasco-wa.gov
14.3.2 For the Consultant: Nathan Kennedy, or his designee (Haylie Warren)
418 N Kellogg St. Suite D
Kennewick, WA 99336
(509) 820-3883
Nathan@columbiasafety.net
Haylie@columbiasafety.net
15. Dispute Resolution.
15.1 This Agreement has been and shall be construed as having been made and entered
into and delivered within the State of Washington and it is agreed by each party
hereto that this Agreement shall be governed by the laws of the State of
Washington.
15.2 In the event of a dispute regarding the enforcement, breach, default, or
interpretation of this Agreement, the Project Administrators, or their designees,
shall first meet in a good faith effort to resolve such dispute. In the event the dispute
cannot be resolved by agreement of the parties, said dispute shall be resolved by
arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right
of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County,
Washington. The substantially prevailing party shall be entitled to its reasonable
attorney fees and costs as additional award and judgment against the other.
16. Nonwaiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other similar event or
other provision of this Agreement.
17. Integration. This Agreement between the parties consists in its entirety of this document
and any exhibits, schedules or attachments. Any modification of this Agreement or change
order affecting this Agreement shall be in writing and signed by both parties.
18. Authorization. By signature below, each party warrants that they are authorized and
empowered to execute this Agreement binding the City and the Consultant respectively.
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EXHIBIT A
SCOPE OF WORK
Screening and Testing Services
Pasco West CBC COVID Testing Site
1.0 INTRODUCTION
The World Health Organization (WHO) has declared the novel Coronavirus (COVID19 or COVID)
a worldwide pandemic. COVID19 has demonstrated the capability to spread rapidly, leading to significant
impacts on healthcare systems and causing societal disruption. The potential public health threat posed by
COVID19 is high, both globally and to the United States. To respond effectively to the COVID19 outbreak,
rapid detection of cases and contacts, appropriate clinical management and infection control, and
implementation of community mitigation efforts are critical.
To assure the early detection of persons infected with COVID19 in Washington State, the
Washington State Department of Health (DOH) is working with the Health Commons Project Service
Accelerator and Benton-Franklin Community Partners (which collectively comprise the “COVID
Community Test Site Organization”) to staff and operate multiple sites in the Columbia Basin area to test
anyone who has COVID symptoms, may have been exposed to COVID, or simply is concerned about their
COVID status.
Under contract to the City of Pasco in Washington State, Columbia Safety, LLC, hereinafter
referred to as “Consultant,” will recruit, train and provide healthcare personnel, including but not limited
to Registration Technicians, Clinical Swabbers, and Traffic Control to physically interact with test patients
and accompanying individuals at the Pasco CBC West COVID Testing Site (hereinafter, the “Testing
Site”).
2.0 SCOPE OF WORK
2.1. Organization.
2.1.1 Site management and operational control of all testing activities at the Testing Site will be
performed by the City of Pasco Fire Department (hereinafter, the “Fire Department”), a
member of the Benton-Franklin Community Partners and the larger COVID Community
Test Site Organization.
2.1.2 At the Testing Site, the Consultant’s staff leads (e.g., administrator, clinical swabber lead,
registration technician lead, traffic control) will report to and coordinate their on-site
activities with the Fire Department’s Operations Chief or his/her designee.
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Operations Chief
Pasco Fire Department
Swabber Lead
Consultant
RT Lead
Consultant
Traffic Control
Consultant
Registration Technicians
Consultant
Clinical Swabbers
Consultant
Administrator
Consultant
Figure 2.1 Organization Chart, Testing Site
2.1.3 The Consultant will have direction over their employees while on and off site. To include
meals, breaks, hiring, training and termination. The fire department will advise the
Consultant of number of staff needed per day on a weekly basis. Notification of a ny
changes will be seven (7) days in advance.
2.2. Personnel.
2.2.1 The Consultant will train, qualify and provide an appropriate number of personnel to
perform the following functions at the Testing Site.
2.2.1.1 Training Specialist, HR. This person will be available at the start of each day to
ensure the site is adequately staffed and check-in with the Operations Chief with a
list of on-site staff. He/she will be the Operations Chief’s main point-of-contact
for human resources concerns, including changes in staffing needs and resolution
of any issues with the Test Site leads and staff.
2.2.1.2 Clinical Swabber Lead. This person will be in direct on-site contact with the
Operations Chief. He/she will provide oversight of all clinical swabbers and ensure
they have the appropriate training for their roles. He/she will make sure positions
are covered during breaks and lunch periods, and all questions are answered. This
person will be the Operations Chief contact for any simple changes needed with
the clinical swabbers on-site during the work day.
2.2.1.3 Clinical Swabber. This person will report to the Clinical Swabber Lead. There will
be at least two Clinical Swabber for every lane of traffic. They will be responsible
for:
Patient care and comfort.
Wave patient forward to testing zone.
Open vial and place in holder on table. Give patient tissue.
Ask for phone number and confirm.
Open swab and assist in specimen collection.
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Place swab in vial and place vial in cooler. Highlighter on vial label if unable
to collect specimen for any reason.
Hand hygiene and new gloves.
2.2.1.4 Registration Technician (RT) Lead. This person will be in direct on-site contact
with the Operations Chief. He/she will provide oversight of all registration
technicians, and responsible for:
Mentoring staff in EPIC/OCHIN and workflow updates.
Troubleshooting the registration process, technology and questions.
Overseeing patient queues and ensuring patient entry completeness.
Reviewing testing roster.
Conducting training via Training Guides for any personnel NOT trained.
Coordinating with the Operations Chief to assign logins for EPIC/OCHIN and
troubleshooting technical issues.
2.2.1.5 Registration Technician (aka Customer Service Representatives). This person will
report to the RT Lead. There will be two registration technician per testing lane,
and one (1) floating registration technicians. They will be responsible for:
Welcoming patient and answering general questions.
Verifying patients’ identity and checking them in on the iPad if they had an
appointment. Signing them up if they did not have an appointment in the
system.
Check photo ID, ensure proper entry of the patient’s full name, date
of birth, phone number and home address.
Collect insurance information and reason for test.
Ask patient questions in EPIC application.
Prepare patient vial with barcode and patient handout.
If necessary, collecting identification and/or insurance card on clipboard.
Placing barcode on manifest.
Placing barcode with handwritten name and date of birth on vial. Scanning
barcode on vial into EPIC.
Monitoring walkie talkie for their lane team.
Preparing patient vial with barcode and patient handout.
Troubleshooting the registration process, technology and questions.
2.2.1.6 Registration Technicians (aka Greeters). This person will report to the RT Lead.
The Registration Technician Greeter will primarily:
Register walk-ups in EPIC/OCHIN on computer. Same process as normal RT
but in walk-up tent.
Once vial is labelled, walk patient to edge of lane 1 and place cone in front of
next arriving car to block lane.
Direct patient to Lane 1 swabber and give swabber the vial. For patients with
mobility issues or special needs, use walkie talkie to request swabber from
Lane 1 to walk-up tent.
Assist all other unregistered drive up patients (in either parking lot or idling in
Lane 1 by entering patient information into tablet.
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2.2.1.7 Traffic Control. This person will be in direct on-site contact with the Operations
Chief and will be primarily responsible for:
Managing the flow of traffic in off-street testing lanes.
Ensuring cars are moving safely.
Being the initial point of contact to answer questions at the point of entry to
the Testing Site.
2.2.2 The Operations Chief will determine the number of each type of Consultant personnel
needed to staff the Testing Site each day, and inform the Administrator of any changes at
least seven (7) business days in advance.
2.3. Training.
2.3.1 The Consultant will train and qualify all Testing Site staff in accordance with the COVID19
Training Guides provided by the Washington State Department of Health (DOH) and
approved by local Medical Program Director Dr. Hodges.
2.3.2 Whenever a practice deficiency by a Testing Site staff member is reported to the Operations
Chief, Training Specialist / HR or Lead, the Training Specialist / HR or Lead will
immediately provide corrective instruction to the affected staff member(s) before
permitting them to continue with testing activities. The Consultant will thereafter schedule
and conduct remedial training for the affected staff member(s).
2.4. Equipment.
2.4.1 Personal Protective Equipment (PPE) and Sanitizing Supplies. The Fire Department will
provide Consultant with all essential and necessary PPE and sanitizing supplies for staff
performing testing activities at the Testing Site, including but not limited to N95 masks /
KN95 masks, gloves, face shields, eye protection, gowns, hand sanitizer, sanitary wipes
and cleaning solutions.
2.4.2 Testing Equipment and Related Articles. The Fire Department will provide Consultant with
all essential and necessary testing equipment, including but not limited to swabs, vials,
IPAD, marker pens, highlighters, requisitions forms, computers, printer, and anything else
needed to adequate perform there job.
2.4.3 Traffic Control Equipment and Related Articles. The Fire Department will provide the
appropriate traffic control equipment and security personnel to assure the safety and
security of Testing Site staff and testing patients, including marked lanes, cones, in place
from the road to the site. Anything outside the site gates will be handled by Pasco Police
department.
2.4.4 Facilities. The Fire Department will provide bathroom facilities, break areas and parking
for staff performing and/or supporting testing activities at the Testing Site.
2.5. Work Performance.
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2.5.1 Testing Protocols and Activities. To provide safe and accurate testing provide by Benton
Franklin Health Department in conjunction with University of Washington Lab.
2.5.2 Test Site Operations. Current operations are scheduled for Thursday thru Monday from
8:30 am to 4:30 pm with meetings starting at 7:30 pm. This Schedule is subject to
change. Any change in schedule will need a seven (7) day notice to the Training
Specialist / HR.
2.5.3 Performance Metrics. The Fire Department will advise the Consultant within twenty-four
(24) Hours of any changes needed in performance of the Consultant. The Fire
Department will work with the Consultant to make the changes needed to be able to
perform the change under a reasonable time frame dependent on the scope of work that
needs to be changed.
2.6. Meetings.
2.6.1 The Consultant will attend and actively participate (on-site or remotely by telecon) in the
planning, status and performance review meetings conducted weekly or as otherwise
established by the City Fire Department. The intent of the meetings is to focus on the
following:
Review the progress of the testing activities and affirm that it addresses the Scope of
Work and supports the Project schedule;
Communicate and reinforce the City of Pasco’s expectations with respect to Scope of
Work, quality, and procedural requirements;
Identify any risks and issues either party is or should be aware of (e.g., impacts to
scope, schedule, costs, quality), and define risk mitigation and remediation plans, as
required;
Review performance of the Consultant.
2.7. Reports and Reviews.
2.7.1 The Consultant will submit a bi-weekly report to the Finance Section Chief that that
includes basic staffing information, and accumulated costs.
2.7.2 The Training Specialist / HR will have a management meeting on -site with the City Fire
Department at least once each business week to review and discuss the progress report and
the performance of the Consultant’s testing staff.
2.7.3 The Consultant will take immediate action to mitigate, remediate and/or correct any issues
and/or concerns identified by the City of Pasco, Fire Department, Operations Chief and/or
Administrator.
2.8. Compensation.
2.8.1 Contract Type. The Contract is time and materials (T&M) with a not-to-exceed (NTE)
ceiling.
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Professional Services Agreement – Columbia Safety, LLC
Pasco West CBC COVID Testing Site Page 16 of 17
2.8.2 Invoices. The Consultant will prepare and submit bi-weekly invoices to the City of Pasco
for work performed.
2.9. Interfaces.
2.9.1 Training Specialist / HR. The Training Specialist / HR chairs the Consultant’s Project
Team and manages the Project staff and activities for the Consultant. The Training
Specialist / HR for the Project is Haylie Warren.
2.9.2 Operations Chief. The Operations Chief manages the Testing Site and has operational
control over on-site testing activities. The Operations Chief is Pat Hendrickson.
2.9.3 Consultant’s Project Team. In addition to the Training Specialist / HR, the Consultant’s
Project Team includes but is not limited to Jaime Sanchez (Swabber Lead) and Kailee
Garrison (RT Lead).
2.10. Issues and Concerns.
2.10.1 The Consultant will immediately inform the Operations Chief if and when it is determined
that a problem is discovered that is not directly part of the Project’s scope and/or could
impact the Project’s scope, quality, schedule and/or cost.
2.10.2 The Consultant will take immediate action to mitigate, remediate and/or correct any issues
and/or concerns identified by the City of Pasco, Fire Department, Operations Chief and/or
Training Specialist / HR.
2.11. Modification.
2.11.1 Any modifications within the Project’s scope, schedule and/or cost, such as change in daily
staffing needs, can be directed by the Operations Chief.
2.11.2 Any modifications outside the Project’s scope, schedule and/or cost must be mutually
agreed upon by the Consultant and the City of Pasco, and authorized by a written
supplemental agreement approved by the City of Pasco before the change is implemented.
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Professional Services Agreement – Columbia Safety, LLC
Pasco West CBC COVID Testing Site Page 17 of 17
Exhibit B
Payment Rates and Projected # of Maximum Personnel
Job Title Employed By
# of
Personnel
Hourly
Rate
OT
Rate
Hours
Per Day
Estimated
Daily Cost
Scheduling/HR/Training Columbia Safety 1 $65.00 $97.50 4 $260.00
Swabber Lead Columbia Safety 1 $65.00 $97.50 10 $715.00
Swabbers Columbia Safety 7 $60.00 $90.00 8 $3,360.00
RT Lead Columbia Safety 1 $60.00 $90.00 10 $660.00
RT Civilian Columbia Safety 8 $55.00 $82.50 8 $3,520.00
Parking/Traffic Columbia Safety 1 $50.00 $75.00 8 $400.00
Daily Cost - $8,915.00
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