HomeMy WebLinkAbout2021.02.22 Council Special Meeting Packet
AGENDA
City Council Special Meeting
7:00 PM - Monday, February 22, 2021
GoToWebinar
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1. ACCESSING MEETING REMOTELY INSTRUCTIONS - The Pasco City
Council Special 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.
Call-in information to GoToWebinar for "listen-only" mode is:
(562) 247-8422 and use access code 465-398-545.
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
4. NEW BUSINESS
3 - 7 (a) *Resolution - Ratify Emergency Order Related to COVID-19
MOTION: I move to approve Resolution No.4036, ratifying
Emergency Order No. 2020-006.1, relating to conducting public
meetings.
8 - 22 (b) *Resolution - Washington State Department of Health
Interagency Agreement for COVID-19 Vaccination Site
Reimbursement
MOTION: I move to approve Resolution No. 4035, authorizing the
City Manager to sign and execute an Interagency Agreement
between the Washington State Department of Health Interagency
Agreement for COVID-19 Vaccination Site Expenses'
Reimbursements.
5. ADJOURNMENT
Page 1 of 22
6. ADDITIONAL NOTES
(a) (RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
(b) REMINDERS
This meeting is broadcast live on PSC-TV Channel 191 on
Charter/Spectrum 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.)
Page 2 of 22
AGENDA REPORT
FOR: City Council February 17, 2021
TO: Dave Zabell, City Manager City Council Special
Meeting: 2/22/21
FROM: Adam Lincoln, City Manager
Executive
SUBJECT: *Resolution - Ratify Emergency Order Related to COVID-19
I. REFERENCE(S):
Proposed Resolution for Ratification of Emergency Order No. 2020-006.1 -
Conducting Public Meetings
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No._____, ratifying Emergency Order
No. 2020-006.1, relating to conducting public meetings.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
On March 16, 2020, Mayor Saul Martinez proclaimed the existence of a civil
emergency pursuant to the Pasco Municipal Code (PMC) Section 2.55.010 due
to the COVID-19 emergency, which has caused a world-wide pandemic.
The purpose of emergency orders (EO) allows the City, including its
business, conduct to continue businesses members, community and to
ensuring that the safety of everyone is secured, while maintaining the needed
services for all.
EOs require ratification of the City Council by resolution.
V. DISCUSSION:
The EO before Council was first ratified in March 2020. On December 7, 2020,
Governor Inslee issued proclamation 20-28.14, enabling public agencies, at
Page 3 of 22
their option and, in addition to hosting remote meeting elements and all
guidelines and requirements prescribed within Proclamation, to include an in -
person meeting component. Subsequently, Governor Inslee introduced the
Healthy Washington - Roadmap to Recovery Plan on January 11, 2021, which
did not permit in-person public meetings until regions were in Phase 2, all
regions were rolled back to Phase 1.
On February 14, 2021, the South Central Region advanced to Phase 2.
Council discussed resuming in-person City Council and regulatory
boards/commission meetings at their February 16, 2021 meeting seeing the
move as favorable.
Staff recommends Council ratification through the approval of the resolution as
presented.
Page 4 of 22
Resolution – Ratifying Emergency Order No. 2020-006.1 – Conducting Public Meetings
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO RATIFYING THE EMERGENCY
ORDER NO. 2020-006.1 RELATING TO CONDUCTING PUBLIC MEETINGS.
WHEREAS, on March 16, 2020, Mayor Saul Martinez proclaimed the existence of a civil
emergency pursuant to PMC 2.55.010 due to the COVID-19 emergency, which has caused a
world-wide pandemic; and
WHEREAS, the purpose of the emergency order allows the City, including its businesses
and community members, to continue to conduct business, ensuring that the safety of everyone is
secured, while maintaining the needed services for all; and
WHEREAS, the Pasco Municipal Code Section 2.55.020 (2) states that any such
(emergency) orders shall, at the next regular or special meeting of the City Council, following the
date the orders are issued, be presented to the City Council for ratification and confirmation by
resolution of the City Council and if not so ratified and confirmed, shall be of no further effect.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PASCO, WASHINGTON:
Be It Resolved, that the City Council confirms and ratifies Emergency Order 2020-006.1
related to conducting public meetings as presented in EXHIBIT A, attached hereto, and
Be It Further Resolved, that this Resolution takes effect the date Emergency Order 2020-
006.1 was signed by the Mayor of Pasco, Washington.
PASSED by the City Council of the City of Pasco, Washington this 22nd day of February,
2021.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 5 of 22
OFFICE OF THE MAYOR (509) 545-3404 FAX (509) 545-3403
P.O. Box 293 525 North 3rd Ave. Pasco, WA 99301 www.pasco-wa.gov
Emergency Order No. 2020-006.1 1
Emergency Order No. 2020-006.1
Conducting Public Meetings
WHEREAS, on January 31, 2020, the United States Department of Public Health and
Human Services Secretary, Alex Azar declared a public emergency for the novel coronavirus
(COVID-19) beginning on January 27, 2020; and
WHEREAS, on February 29, 2020, Governor Jay Inslee signed Proclamation No. 20-05,
declaring a State of Emergency exists in all counties in the State of Washington due to the number
of confirmed cases of COVID-19 in the state and directed that plans and procedures of the
Washington State Comprehensive Emergency Management Plan be implemented; and
WHEREAS, beginning on March 11, 2020, the President of the United States, Donald J.
Trump, directed the Federal Government to take numerous emergency measures to address the
unprecedented nature of this public health crisis, including restrictions on all foreign travel outside
United States of America due to the number of confirmed cases of COVID-19 in the United States;
and
WHEREAS, on March 16, 2020, Mayor Saul Martinez proclaimed the existence of a civil
emergency pursuant to PMC 2.55.010; and
WHEREAS, on March 17, 2020, the Department of Public Health of Benton and Franklin
County announced the first local case of COVID-19; and
WHEREAS, as the COVID-19 emergency worsens, there is an increasing likelihood that
City residents will be exposed to the virus; and
WHEREAS, on March 23, 2020, Governor Jay Inslee signed Proclamation No. 20-25,
imposing a “Stay Home – Stay Healthy” Order throughout Washington State, prohibiting all
people in Washington State from leaving their homes or participating in social, spiritual, and
recreational gatherings of any kind, regardless of the number of participants, and all non-essential
businesses from conducting business until midnight on May 4, 2020; and
WHEREAS, on March 24, 2020, Governor Jay Inslee signed a Proclamation No. 20-28,
waving and suspending the portions of RCW 42.30 and RCW 42.56 that require in -person
meetings or contact during this time of social distancing; and
WHEREAS, on March 29, 2020, the President of the United States, Donald J. Trump,
extended the social distancing guidelines for another 30 days or through April 30, 2020; and
Page 6 of 22
Emergency Order No. 2020-006.1 2
WHEREAS, on December 7, 2020, Governor Jay Inslee issued Proclamation No. 20-
28.14, enabling public agencies, at their option and, in addition to hosting remote meeting elements
and all guidelines and requirements prescribed within Proclamation, to include an in-person
meeting component.
NOW, THEREFORE,
I, Saul Martinez, Mayor of the City of Pasco, ORDER under the emergency powers granted
to me under the Proclamation of Emergency, ratified by Resolution No. 3946, that:
1. The above recitals are true and correct in all respects.
2. The City Council and its boards and commissions meetings will continue to hold
their meetings remotely with meeting/webinar software that allows the public to
sign into the meeting by computer, tablet, smart phone or, at a minimum, attend
through a conference call-in process through their telephone.
3. The City Council meetings and workshops may include an in-person component as
prescribed in the Governor’s Proclamation 20-28.14 issued on December 7, 2020
and consistent with the Healthy Washington – Roadmap to Recovery plan dated
February 14, 2021, as amended.
4. The following City boards and commissions may include an in-person meeting
component as prescribed in the Governor’s Proclamation 20-28.14 issued on
December 7, 2020: Civil Service Commission, Code Enforcement Board, Hearing
Examiner, Planning Commission, and Public Facilities District.
5. The following City advisory boards and commissions will continue to conduct their
meetings remotely: Arts and Culture Commission, Historic Preservation
Commission, Inclusion, Diversity and Equity Commission, LEOFF Disability
Board, Firefighters’ Pension Board, and Park and Recreation Advisory Board.
6. This Order shall be in effect for the duration of the Proclamation requiring the
aforementioned temporary waiver and/or suspension of the portions of RCW 42.30
that require in-person meetings ordered by the Governor, as amended, unless
extended or terminated by separate written order.
DATED this 17th day of February 2021.
_________________________________
Saul Martinez, Mayor
Attest:
_________________________________
Debra Barham, CMC
City Clerk
Page 7 of 22
AGENDA REPORT
FOR: City Council February 17, 2021
TO: Dave Zabell, City Manager City Council Special
Meeting: 2/22/21
FROM: Bob Gear, Fire Chief
Fire Department
SUBJECT: *Resolution - Washington State Department of Health Interagency
Agreement for COVID-19 Vaccination Site Reimbursement
I. REFERENCE(S):
Proposed Resolution
Exhibit A - State of WA Dept of Health Interagency Agreement
Exhibit B - Initial Delegation of Authority
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: City the authorizing 4035, No. move approve to I Resolution
Interagency the Agreement an between and sign to execute Manager
Washington State Department of Health Interagency Agreement for COVID -19
Vaccination Site Expenses' Reimbursements.
III. FISCAL IMPACT:
Washington allow to necessary State agreement interagency The is
Department of Health (DOH) to reimburse the City for expenses related to
opening the COVID-19 Mass Vaccination site.
IV. HISTORY AND FACTS BRIEF:
dirInslee Governor Mass a open to DOH ected Washington the State
Vaccination site at the Benton County Fairgrounds by January 25, 2021. In
order to get the site up and operating, an effort by all the Tri -Cities and Benton
and Franklin County was required. There are personnel and supply costs
associated with starting the site and its continued operations, which to date,
have been covered by participating entities.
Knowing the complexity of this operation, the DOH asked if a local team could
be established to open and operate the site. As a community, the importance
of this site to restoring the economy and opening up was recognized and
Page 8 of 22
supported. An Incident Management Team, normally assigned to wildfires, was
assigned this mission by Delegation of Authority from the DOH. In order to
accomplish this task, personnel from many different agencies normally
assigned to the team were committed, as was upfront funding of costs such as
meals, tent rentals, generators, propane for heaters, etc.
V. DISCUSSION:
The DOH has been proactive about their responsibility to reimburse for those
costs, and to that end, has provided the proposed agreement, which provides
for the reimbursement of costs associated with the Mass Vaccination site. It is
in the best interest of the City to move forward with this agreement as rapidly
as possible, and allow the City Manager, without further delay, to sign the
agreement when received in a completed form.
Page 9 of 22
Resolution –COVID-19 Vaccination Site Agr. - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE, SIGN AND
EXECUTE AN INTERAGENCY AGREEMENT BETWEEN THE
WASHINGTON STATE DEPARTMENT OF HEALTH AND THE CITY OF
PASCO FOR COVID-19 VACCINATION SITE EXPENSES
REIMBURSEMENTS.
WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political
subdivisions to jointly exercise their powers, privileges, or authorities with other political
subdivisions of this state through the execution of an interlocal cooperative or interagency
agreement; and,
WHEREAS, on January 18, 2021, Washington State Governor Inslee directed the
Washington State Department of Health to open four mass vaccination sites across the State by
January 25, 2021; and
WHEREAS, the Washington State Department of Health asked the local Incident
Management Team, consisting of personnel from many agencies, to open the Benton County
Fairgrounds COVID-19 Vaccination Site, knowing that the upfront costs, paid for by the local
agencies, would be reimbursed by the State at a later date, pursuant to RCW 39.34.130 regarding
transactions with state agencies; and
WHEREAS, the City of Pasco has provided staff, equipment and other resources to open
and maintain the continued operation of the State’s COVID-19 Vaccination Site located at Benton
County Fairgrounds as described in the Initial Delegation of Authority, which is attached hereto
and incorporated herein by reference as Exhibit B; 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 the
interagency agreement to receive reimbursements for out-of-pocket expenditures related to the
Benton County Fairgrounds COVID-19 Vaccination Site with the Washington State Department
of Health.
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 approves the general terms and
conditions of the Interagency Agreement between the Washington State Department of Health and
the City of Pasco; a copy of which is attached hereto and incorporated herein by reference as
Exhibit A.
Page 10 of 22
Resolution –COVID-19 Vaccination Site Agr. - 2
Section 2. The City Manager of the City of Pasco, Washington, is hereby authorized,
empowered, and directed to negotiate the specific terms, including exhibits, and make substantive
changes, sign and execute said Agreement on behalf of the City of Pasco.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington this ___ day of _____,
2021.
_____________________________
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 11 of 22
DOH Contract XXXXX Page 1 of 7
Revision April 2020
CONTRACT NUMBER:
SUBRECIPIENT *
YES NO
FFATA FORM REQUIRED
YES NO
INTERAGENCY AGREEMENT
Between
STATE OF WASHINGTON
DEPARTMENT OF HEALTH
And
CITY OF PASCO
THIS AGREEMENT is made by and between the State of Washington Department of Health, hereinafter
referred to as DOH, and City of Pasco, hereinafter referred to as Contractor pursuant to the authority granted
by Chapter 39.34 RCW.
PURPOSE: Reimbursement for costs incurred related to the administration of the Benton/Franklin
Counties COVID-19 Vaccination Site located at the Benton County Fairgrounds in Kennewick,
Washington.
THEREFORE, IT IS MUTUALLY AGREED THAT: In consideration of the Contractor’s
administration of the COVID-19 Vaccination site, pursuant to this agreement, for Benton and Franklin
counties under control and authority of the Benton and Franklin County Health Department, a subsidiary
of the Washington State Department of Health, that the Contractor shall be reimbursed, pursuant to
39.34.130, for all reimbursable costs associated with running the Benton and Franklin Counties COVID -
19 Vaccination site located at the Benton County Fairgrounds at 1500 Oak Street, Kennewick, WA.
STATEMENT OF WORK AND BUDGET: The Contractor shall furnish the necessary personnel,
equipment, material and/or services and otherwise do all things necessary for or incidental to the
performance of the work set forth in Exhibit A, attached hereto and incorporated herein.
PERIOD OF PERFORMANCE: Subject to its other provisions, the period of performance of this
Agreement shall commence on and be completed on , unless terminated sooner as provided
herein. Any work done outside of the period of performance shall be provided at no cost to DOH.
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA): If checked
above, this Agreement is supported by federal funds that require compliance with the Federal Funding
Accountability and Transparency Act (FFATA or the Transparency Act). The purpose of the Transparency
Act is to make information available online so the public can see how federal funds are spent.
To comply with the act and be eligible to enter into this Agreement, your organization must have a Data
Universal Numbering System (DUNS®) number. A DUNS® number provides a method to verify data
about your organization. If you do not already have one, you may receive a DUNS® number free of charge
by contacting Dun and Bradstreet at www.dnb.com.
Information about your organization and this Agreement will be made available on
www.USASpending.gov by DOH as required by P.L. 109-282. DOH’s form, Federal Funding
Page 12 of 22
DOH Contract XXXXX Page 2 of 7
Revision April 2020
Accountability and Transparency Act Data Collection Form, is considered part of this Agreement and must
be completed and returned along with the Agreement.
PAYMENT: Compensation for the work provided in accordance with this Agreement has been established
under the terms of RCW 39.34.130. The parties have estimated that the cost of accomplishing the work
herein will not exceed $ in accordance with Exhibit A, attached hereto and incorporated herein.
Compensation incudes but is not limited to all taxes, fees, surcharges, etc. Payment will not exceed this
amount without a prior written amendment. DOH will authorize payment only upon satisfactory completion
and acceptance of deliverables and for allowable costs as outlined in the statement of work and/or budget.
Source of Funds:
Federal: State: Other: TOTAL:
Contractor agrees to comply with applicable rules and regulations associated with these funds.
BILLING PROCEDURE: Payment to the Contractor for approved and completed work will be made by
warrant or account transfer by DOH within 30 days of receipt of the invoice. Upon expiration of the
Agreement, any claim for payment not already made shall be submitted within 60 days after the expiration
date or the end of the fiscal year, whichever is earlier.
AGREEMENT ALTERATIONS AND AMENDMENTS: This Agreement may be amended by mutual
agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by
personnel authorized to bind each of the parties.
ASSIGNMENT: The work to be provided under this Agreement, and any claim arising thereunder, is not
assignable or delegable by either party in whole or in part, without the express prior written consent of the
other party, which consent shall not be unreasonably withheld.
CONFIDENTIALITY/SAFEGUARDING OF INFORMATION: The use or disclosure by any party of
any information concerning a client obtained in providing service under this Agreement shall be subject to
Chapter 42.56 RCW and Chapter 70.02 RCW, as well as any other applicable Federal and State statutes
and regulations.
Any unauthorized access or use of confidential information must be reported to the DOH IT Security Officer
at security@doh.wa.gov. The notification must be made in the most expedient time possible (usually within
one business day) and without unreasonable delay, consistent with the legitimate needs of law enforcement,
or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the
data system.
CONTRACT MANAGEMENT: The contract manager for each of the parties shall be responsible for and
shall be the contact person for all communications and billings regarding the performance of this agreement.
The Contract Manager for DOH is: The Contract Manager for the Contractor is:
Name: Name:
Office: Title: Fire Chief
Agency: Department of Health Agency: City of Pasco
Address: PO Box 4 Address:
Page 13 of 22
DOH Contract XXXXX Page 3 of 7
Revision April 2020
City, State,
Zip: Olympia, WA 98504-
City, State,
Zip:
Phone: ( ) Phone:
DISPUTES: In the event that a dispute arises under this Agreement, it shall be determined by a Dispute
Board in the following manner: Each party to this agreement shall appoint one member to the Dispute
Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a
determination of the dispute. The determination of the Dispute Board shall be final and binding on the
parties hereto. As an alternative to this process, either of the parties may request intervention by the
Governor, as provided by RCW 43.17.330, in which event the Governor's process will control.
GOVERNANCE: This Agreement is entered into pursuant to and under the authority granted by the laws
of the State of Washington and any applicable federal laws. The provisions of this Agreement shall be
construed to conform to those laws.
In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable
statute or rule, the inconsistency shall be resolved by giving precedence in the following order:
A. Federal statutes and regulations
B. State statutes and regulations
C. Agreement amendments
D. The Agreement (in this order)
1. Special Terms and Conditions (Exhibit C if used)
2. Primary document (document that includes the signature page)
3. Statement of Work (Exhibit A)
INDEPENDENT CAPACITY: The employees or agents of each party who are engaged in the
performance of this Agreement shall continue to be employees or agents of that party and shall not be
considered for any purpose to be employees or agents of the other party.
PRIVACY: Personal information collected, used or acquired in connection with this Agreement shall be
used solely for the purposes of this Agreement. Contractor and its subcontractors agree not to release,
divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information
without the express written consent of the agency or as provided by law. Contractor agrees to implement
physical, electronic and managerial safeguards to prevent unauthorized access to personal information.
DOH reserves the right to monitor, audit or investigate the use of personal information collected, used or
acquired by the Contractor through this Agreement. The monitoring, auditing, or investigating may include
but is not limited to "salting" by DOH. Contractor shall certify the return or destruction of all personal
information upon expiration of this Agreement. Salting is the act of placing a record containing unique but
false information in a database that can be used later to identify inappropriate disclosure of data contained
in the database.
Any breach of this provision may result in termination of the Agreement and the demand for return of all
personal information. The contractor agrees to indemnify and hold harmless DOH for any damages related
to the Contractor's unauthorized use of personal information.
RECORDS MAINTENANCE: The parties to this Agreement shall each maintain books, records,
documents and other evidence which sufficiently and properly reflect all direct and indirect costs expended
Page 14 of 22
DOH Contract XXXXX Page 4 of 7
Revision April 2020
by either party in the performance of the services described herein. These records shall be subject to
inspection, review or audit by personnel of both parties, other personnel duly authorized by either party,
the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents,
and other material relevant to this Agreement will be retained for six years after expiration and the Office
of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access
and the right to examine any of these materials during this period.
Records and other documents, in any medium, furnished by one party to this Agreement to the other party,
will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not
disclose or make available this material to any third parties without first giving notice to the furnishing
party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security
procedures and protections to assure that records and documents provided by the other party are not
erroneously disclosed to third parties.
RIGHTS IN DATA: Unless otherwise provided, data, which originates from this Agreement shall be
"works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by DOH. Data shall
include, but not be limited to, reports, documents, pamphlets, advertisements, books magazines, surveys,
studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to
copyright, patent, register, and the ability to transfer these rights.
SECURITY OF INFORMATION – Unless otherwise specifically authorized by the DOH IT Security
Officer, Contractor receiving confidential information under this contract assures that:
It is compliant with the applicable provisions of the Washington State Office of the Chief Information
Officer (OCIO) policy 141, Securing Information Technology Assets, available at:
https://ocio.wa.gov/policy/securing-information-technology-assets.
It will provide DOH copies of its IT security policies, practices and procedures upon the request of the
DOH Chief Information Security Officer.
DOH may at any time conduct an audit of the Contractor’s security practices and/or infrastructure to
assure compliance with the security requirements of this contract.
It has implemented physical, electronic and administrative safeguards that are consistent with OCIO
security standard 141.10 and ISB IT guidelines to prevent unauthorized access, use, modification or
disclosure of DOH Confidential Information in any form. This includes, but is not limited to, restricting
access to specifically authorized individuals and services through the use of:
o Documented access authorization and change control procedures;
o Card key systems that restrict, monitor and log access;
o Locked racks for the storage of servers that contain Confidential Information or use AES encryption
(key lengths of 256 bits or greater) to protect confidential data at rest, standard algorithms validated
by the National Institute of Standards and Technology (NIST) Cryptographic Algorithm Validation
Program (CMVP);
o Documented patch management practices that assure all network systems are running critical
security updates within 6 days of release when the exploit is in the wild, and within 30 days of
release for all others;
o Documented anti-virus strategies that assure all systems are running the most current anti-virus
signatures within 1 day of release;
o Complex passwords that are systematically enforced and password expiration not to exceed 120
days, dependent user authentication types as defined in OCIO security standards;
o Strong multi-factor authentication mechanisms that assure the identity of individuals who access
Confidential Information;
Page 15 of 22
DOH Contract XXXXX Page 5 of 7
Revision April 2020
o Account lock-out after 5 failed authentication attempts for a minimum of 15 minutes, or for
Confidential Information, until administrator reset;
o AES encryption (using key lengths 128 bits or greater) session for all data transmissions, standard
algorithms validated by NIST CMVP;
o Firewall rules and network address translation that isolate database servers from web servers and
public networks;
o Regular review of firewall rules and configurations to assure compliance with authorization and
change control procedures;
o Log management and intrusion detection/prevention systems;
o A documented and tested incident response plan
Any breach of this clause may result in termination of the contract and the demand for return of all personal
information.
SEVERABILITY: If any provision of this Agreement or any provision of any document incorporated by
reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which
can be given effect without the invalid provision, if such remainder conforms to the requirements of
applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this
Agreement are declared to be severable.
SUBCONTRACTING: Neither the Contractor, nor any subcontractors, shall enter into subcontracts for
any of the work contemplated under this agreement without prior written approval of DOH. In no event
shall the existence of the sub operate to release or reduce the liability of the Contractor to DOH for any
breach in the performance of the contractor’s duties. This clause does not include contracts of employment
between the contractor and personnel assigned to work under this Agreement.
Additionally, the Contractor is responsible for ensuring that all terms, conditions, assurances and
certifications set forth in this Agreement are carried forward to any subcontracts. Contractor and its
subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized
persons personal information without the express written consent of DOH or as provided by law.
If, at any time during the progress of the work, DOH determines in its sole judgment that any subcontractor
is incompetent, DOH shall notify the Contractor, and the Contractor shall take immediate steps to terminate
the subcontractor's involvement in the work. The rejection or approval by DOH of any subcontractor or
the termination of a subcontractor shall not relieve the Contractor of any of its responsibilities under the
Agreement, nor be the basis for additional charges to DOH.
SUSPENSION OF PERFORMANCE AND RESUMPTION OF PERFORMANCE: In the event
contract funding from State, Federal, or other sources is withdrawn, reduced, or limited in any way after
the effective date of this Agreement and prior to normal completion, DOH may give notice to Contractor
to suspend performance as an alternative to termination. DOH may elect to give written notice to Contractor
to suspend performance when DOH determines that there is a reasonable likelihood that the funding
insufficiency may be resolved in a timeframe that would allow performance to be resumed prior to the end
date of this Agreement. Notice may include notice by facsimile or email to Contractor’s representative.
Contractor shall suspend performance on the date stated in the written notice to suspend. During the period
of suspension of performance each party may inform the other of any conditions that may reasonably affect
the potential for resumption of performance.
When DOH determines that the funding insufficiency is resolved, DOH may give Contractor written notice
to resume performance and a proposed date to resume performance. Upon rece ipt of written notice to
resume performance, Contractor will give written notice to DOH as to whether it can resume performance,
Page 16 of 22
DOH Contract XXXXX Page 6 of 7
Revision April 2020
and, if so, the date upon which it agrees to resume performance. If Contractor gives notice to DOH that it
cannot resume performance, the parties agree that the Agreement will be terminated retroactive to the
original date of termination. If the date Contractor gives notice it can resume performance is not acceptable
to DOH, the parties agree to discuss an alternative acceptable date. If an alternative date is not acceptable
to DOH, the parties agree that the Agreement will be terminated retroactive to the original date of
termination.
TERMINATION: Either party may terminate this Agreement upon 30 days prior written notification to
the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered
or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination.
TERMINATION FOR CAUSE: If for any cause, either party does not fulfill in a timely and proper
manner its obligations under this Agreement, or if either party violates any of these terms and conditions,
the aggrieved party will give the other party written notice of such failure or violation. The responsible
party will be given the opportunity to correct the violation or failure within 15 working days. If the failure
or violation is not corrected, this Agreement may be terminated immediately by written notice of the
aggrieved party to the other.
WAIVER: A failure by either party to exercise its rights under this Agreement shall not preclude that party
from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this
Agreement unless stated to be such in a writing signed by an authorized representative of the party and
attached to the original Agreement.
ALL WRITINGS CONTAINED HEREIN: This Agreement contains all the terms and conditions agreed
upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this
Agreement shall be deemed to exist or to bind any of the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement.
This contract has been approved as to form by the attorney general.
CONTRACTOR SIGNATURE
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DATE
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PRINT OR TYPE NAME
TITLE
{{*Ttl_es_:signer1:title}}
DOH CONTRACTING OFFICER SIGNATURE
{{Sig_es_:signer2:signature}}
DATE
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Page 17 of 22
EXHIBIT A
STATEMENT OF WORK
DOH Contract Number XXXXX
DOH Contract XXXXX Page 7 of 7
Revision April 2020
Page 18 of 22
Delegation of Authority
COVID-19Mass Vaccination Site IncidentCommand
Initial Delegation —January 22,2021
The Washington State,Department of Health (WA DOH)delegates to the SoutheastWashingtonAllHazardType3incidentManagementTeam(SEWAIMT3)the authority toprovideIncidentCommandforthe2019NovelCoronavirus(COVID-19)Benton County publichealthmassvaccinationsiteforWADOH.This delegation of Authority agreement operatesundertheguidanceoftheAllHazardMasterMutualAidAgreementBetweenJurisdictions,Agencies,Non-GovernmentalGroups,and Private Industries Within Benton &FranklinCounties.
Assumptions
This delegation occurs with these assumptions:
0 This incident is very dynamic in nature with many unknowns
o A declared public health emergency exists-There is a very high likelihood of a surge of citizens seeking COVID-19vaccinationswithinBentonandFranklinCounties
o This incident will require a prolonged response with varying intensities as well as aprolongedrecoveryperiod.
c It is beneficial to provide on-the-job training opportunities in public health responsefunctionstolMTmemberstrainedinincidentmanagement
0 Due to the dynamic nature of this incident,there is a high likelihoodthat this DelegationofAuthoritywillrequiremultiplemodi?cations.
0 Management of this incident will follow the guidelines established in National IncidentManagementSystem(NIMS).
Definitions
LOCAL HEALTHOFFICER -Physician with the statutory responsibility to protect the health ofthecommunityandmanagehealthcareresourcesduringpublichealthemergencies.
WA DOH IMT INCIDENT COMMANDER—The person whom under the direct authority of theStateofWashingtonSecretaryofHealth,is responsible for all aspects of the DOH Public HealthresponsetoCOVID;including quickly developing incident objectives,managing all incident
operations,application of resources as well as responsibility for all persons involved.
INCIDENT MANAGEMENTTEAM—Southeast Washington All Hazard Type 3 Incident
Management Team (SEWAIMTS)members trained in Incident Command,providing incident
command structure,for the purpose of managing the mass vaccination point-of-distribution
operations in Kennewick,Washington.
Authorities and Responsibilities:
Local Health Officer
Responsible for and Authority to:
0 Issue Health Officer Directives and Orders
o Provide recommendations for health care providers and entities
Page 19 of 22
WA De artment of Health lMT Incident Commander
Responsible for:____.All aspects of the DOH Public Health response to COVID;including quickly developing
incident objectives,managing all incident operations,application of resources as well as
responsibility for all persons involved.
incident Management Team
Responsible for:
Providing for the safety of persons in Benton and Franklin County and all responders
assigned to the incident
Developing and maintaining communication with internal and external stakeholders as it
relates to the mass vaccination point of distribution operations
Providing an environment where all response agencies are respected,and valued for
their unique and important contributions to the mission
Managing the site operations in the most efficient and cost effective manner
commensurate with established standards and guidelines
Coordinate with the Washington State Department of Health,Benton-Franklin Health
District,Benton and Franklin County Emergency Operations/Coordination Centers,and
other partners
Authority to:
Manage the operations of the mass vaccination site within the framework of law
(Federal,State,and local);city and agency policies of the responding resources,and the
response plans of Benton-Franklin Health District and the Washington State Department
of Health
Establish an Incident Command for the Benton County COVID-19 Mass Vaccination
Site.
This Incident Command:
Sets the overall strategies and priorities for site operations
Obtains and allocates critical resources according to the response priorities
Ensures that the site is properly managed
Ensures that objectives are met
Ensures that strategies are followed
OOOOO
Requirements of the incident Management Team:
/s/Andrew M.Rose
Washington State Department of Health
Command Staff will include the Local Health Officer or her designee as a
Medical/Technical Advisor
Expenditures shall be run through the WA State Department of Health Finance Section
Chief (doh—fsc@doh.wa.gov)
Immediately notify the BFHD representative,or BFHD Safety Officer of any response
worker’s possible exposure,illness,injury,death,hospitalization,or sever disability.
Submit incident Action Plans to the Washington State DOH Incident Management Team
Planning Section Chief (doh-psc@doh.wa.gov),Benton-Franklin Health District Planning
Section Chief,and collaborating agencies.
1/22/2021
<date>
Andrew M.Rose —COVID-19 incident Commander
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é/
Southeast Washington All Hazard Type 3
Incident Management Team
Bob Gear -IC
\[2522!
01/23/2021
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lnitial lncident Management Commandand General Staff Team MembersOperationalPeriodStart1/25/21
IncidentCommander—IC
Bob Gear
Pasco Fire Department
Deputy lncident Commander-DIC
Mike Harris
FranklinCounty Fire Protection District#3
Safety Officer -SOF
Brenda Rodgers
RichlandFire Department
Public InformationOfficer -PIO
Ben Shearer
Pasco Fire Department
Operations Section Chief -OSC
Mike Barnett
KennewickFire Department
Planning Section Chief -PSC
David Winter
College Place Fire Department
Logistics Section Chief -LSC
Michael Hendricks
Pasco Fire Department
Finance Section Chief —FSC
Bob Thompson
Pasco Fire Department
Page 22 of 22