Tacoma‐Pierce County Board of Health

Regular Meeting Agenda 3629 South D Street, Tacoma, WA 98418 January 20, 2021 Board of Health Clerk, (253) 798‐2899 3 ‐ 5 p.m. Board Members Remote Attendance Only Keith Blocker Dial in: 253 215 8782 Marty Campbell Meeting ID: 992 6138 9468 Bruce Dammeier William Hirota, MD Passcode: 575390 Patricia Johnson Dave Morell Catherine Ushka I. CALL TO ORDER Derek Young

II. ROLL CALL

III. ELECTION OF BOARD OF HEALTH (BOH) OFFICERS  Motion for 2021 BOH Chair  Motion for 2021 BOH Vice Chair

IV. COMMENTS BY THE PUBLIC The Board will consider written and oral public comments. Submit written comments any time prior to when a Board of Health meeting adjourns at [email protected]. Written comments we receive prior to noon on the date of a Board of Health meeting will go to Board members before the meeting.

For the duration of the declared public health emergency, make oral comments when you join the meeting by phone with the number, meeting ID, and passcode at the top of the agenda. Press *9 to raise your hand and signal you wish to make a comment. You will be announced by your name or the last four digits of your phone number.

Comments unrelated to specific agenda items have a two‐minute limit per person. The Chair has the authority to change the time limits as deemed necessary.

All written and oral comments will become part of the meeting record.

V. COVID‐19: Update [Anthony L‐T Chen, Director of Health] [Nigel Turner, Incident Commander] [Kayla Scrivner, Public Health Nurse]

VI. CONSENT AGENDA 1. Approval of the meeting minutes for November 4, and November 18, 2020; December 2, and December 16, 2020.

2. Resolution No. 2021‐4683 – Authorization to contract with Puget Sound Educational Service District, in the amount of $110,400 to provide Positive Steps/youth truancy reduction services, for the period of January 1, 2021 through December 31, 2021.

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Tacoma‐Pierce County Board of Health

VII. REGULAR AGENDA

1. Finance Advisory Committee – Board of Health considers and selects members for the Finance Advisory Committee. [Christopher Schuler, Finance and Operations Director] Board Chair calls for public comment

2. Resolution No. 2021‐4682 – Authorization to enter into an agreement with Pierce County in the amount of $460,000.00 to provide security guard services and security monitoring for the period of February 1, 2021 through December 31, 2022. [Christopher Schuler, Finance and Operations Director] Board Chair calls for public comment

VIII. COMMENTS BY DIRECTOR OF HEALTH [Anthony L‐T Chen, Director of Health]

1. Permit Fees During COVID‐19 Our Customer Service Approach [Donald Foreman, Project Manager]

2. Board of Health 2020 Year in Review [Cindan Gizzi, Deputy Director] [Pat Darden, Board of Health Clerk]

IX. COMMENTS BY BOARD OF HEALTH MEMBERS

X. EXECUTIVE SESSION

XI. ADJOURNMENT

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Tacoma‐Pierce County Board of Health

Regular Meeting Minutes 3629 South D Street, Tacoma, WA 98418 November 4, 2020 Board of Health Clerk, (253) 798‐2899 3‐5 p.m.

Remote Attendance Only Dial in: 253‐215‐8782 Meeting ID: 947 1999 7476 Passcode: 096820

COMMENTS BY THE PUBLIC Proclamation 20‐28 temporarily prohibits in‐person contacts with the public that are required by the Open Public Meetings Act (OPMA) (RCW 42.30) and the Public Records Act (PRA) (RCW 42.56), suspending some statutory language that would require such contacts. It is effective from March 24, 2020 until midnight, April 23, 2020, unless extended beyond that date.

Call to Order Chair Ushka called the November 4, 2020 Tacoma‐Pierce County Board of Health Regular meeting to order at 3:04 p.m.

Roll Call Board of Health Members Present: Catherine Ushka, Derek Young, Bruce Dammeier arrived at 3:24 p.m., William Hirota, Patricia Johnson, Doug Richardson, Keith Blocker arrived at 3:28 p.m. Alt. Board Member Robert Baggett, Alt. Board Member Marty Campbell, Alt. Board Member Ken Farmer. Board of Health Members Excused: Dave Morell

Chair Ushka welcomed new Deputy Director Nicole Franklin and thanked health department staff for their efforts on making sure the public has the opportunity to make oral public comment.

Comments by the Public (not related to a specific agenda item) The Board will consider written and oral public comments. Submit written comments any time prior to when a Board of Health meeting adjourns at [email protected]. Written comments we receive prior to noon on the date of a Board of Health meeting will go to Board members before the meeting.

For the duration of the declared public health emergency, make oral comments when you join the meeting by phone with the number, meeting ID, and passcode at the top of the agenda. Press *9 to raise your hand and signal you wish to make a comment. Our Public Comment Facilitator will identify you by the last four digits of your phone number and unmute you when it is your turn to speak.

All written and oral comments will become part of the meeting record.

Lorelei Hamlin of McChord made public comment on COVID‐19 and school closures.

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Tacoma‐Pierce County Board of Health

COVID‐19 Update

Anthony L‐T Chen, Director of Health; Nigel Turner, Communicable Disease Control Division Director; Stephanie Dunkel, Communicable Disease Control Assistant Division Director; Morgan Black, Communicable Disease Control Program Manager and Ingrid Payne, Assessment, Planning & Development, Project Manager advised Board Members on COVID‐19 disease trends, school engagement and planning, CARES Act budget, and data team work.

Mr. Turner updated Board Members on COVID‐19 disease trend data in Pierce County. He provided a schools’ update, advised on remote learning recommendations, school outbreaks, testing and case counts. Discussion ensued around testing in schools and partnering with school districts on access to testing.

Discussion followed on data and the increase in case numbers and how quickly data is returned. Mr. Turner advised they monitor the turnaround time from getting symptoms to testing and testing to the reports coming to them to make sure there is not a hold up.

Stephanie Dunkel and Morgan Black advised Board members on several CARES Act funding proposals: Increased testing for schools, pharmacy assistance, Washington State Hospital Association marketing, and marketing campaign for increased COVID‐19 testing.

Ingrid Payne advised Board members on the work and systems used by the data entry team. Ms. Payne informed Board members on the work the team is doing with care packages for those who are isolating or quarantining.

The team provides data and contact information to the warehouse and to the couriers delivering the packages. Discussion followed on systems use ‐ Department of Health Sara Alert and Crest. The team is transitioning to a new system. They are now in the testing phase.

Discussion ensued around monthly small group meetings, talking to school board members, reconciliation of data and public comment. Board members discussed CARES Act funding, preparedness for potential surge and flu season. Discussion followed on allocated money for first responder childcare contingencies.

Board members discussed flu vaccines, higher waves of cases as people move in doors and critical mass and surge planning. Mr. Turner advised they are monitoring and ready to implement. He encouraged folks to get their flu shot.

Consent Agenda

Approval of the meeting minutes for October 7 and October 21, 2020. Chair Ushka read the title into the record. Vice Chair Young moved to adopt the Consent Agenda. Seconded by Board Member Johnson.

Resolution No. 2020‐4660 – Authorization to contract with McGavick Graves for general counsel in the amount of $125,000; Summit Law for counsel related to labor law in the amount of $50,000; for the period of January 1, 2021 through December 31, 2021.

Resolution No. 2020‐4661 – Authorization to contract on an as needed basis with Stephen Causseaux, McCarthy & Causseaux, P.S. as Primary Hearing Examiner, in the amount of $20,000 for the period of January 1, 2021 through December 31, 2021.

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Tacoma‐Pierce County Board of Health

Resolution No. 2020‐4662 – Authorization to establish operational and purchasing agreements with Chuckal’s for $159,000 for office supplies and furniture, Complete Office Solutions for $115,000 for office supplies and furniture, City of Tacoma Fleet Services for $60,000, City of Tacoma Public Utilities for $150,000, Pierce County for $75,000 for records archiving, Sonitrol Security, Inc. for $55,000 for security monitoring services, and US Bank for $300,000 for travel and purchase cards, for the period of January 1, 2021 to December 31, 2021.

Resolution No. 2020‐4663 – Authorization to expend up to $250,000 with Dell Marketing L.P. for information technology and computer equipment; up to $200,000 with Verizon Wireless for cell phones and usage; up to $100,000 with CDW Government for software and IT equipment; and up to $150,000 with SHI International Corp. for Enterprise Software for the period of January 1, 2021 through December 31, 2021. And authorization to renew software maintenance agreement with Tyler Technologies in the amount of $70,000 for support and maintenance of the Department’s financial and human resources software (New World ERP) for the period June 1, 2021 through May 31, 2022.

Vice Chair moved to adopt the Consent Agenda. Seconded by Board Member Johnson. The motion passed unanimously on a voice vote.

Regular Agenda

Resolution No. 2020‐4664 – Adoption of the 2021‐2022 Collective Bargaining Agreement, the 2021‐2022 Salary Schedule, and the 2021‐2022 Job Classification Listing. The Clerk read the title into the record. Board Member Johnson moved to adopt the resolution. Seconded by Vice Chair Young.

Colleen Kilduff, Human Resource and Risk Manager presented on this resolution.

The motion passed unanimously on a voice vote.

Resolution No. 2020‐4665 – Authorization to contract with Vidyatech, LLC in the amount of $200,000 per year for 5 years to support and make improvements to the online food worker card class. The Clerk read the title into the record. Board Member Johnson moved to adopt the resolution. Seconded by Vice Chair Young.

Donald Foreman, Communicable Disease Control, Project Manager, Food & Community Safety presented on this resolution.

The motion passed unanimously on a voice vote.

Resolution No. 2020‐4666 ‐ Authorization to amend contract with McGavick Graves, P.S. in the amount of $65,000 from $210,000 for a total of $275,000 for general legal counsel; for the period of January 1, 2020 through December 31, 2020. The Clerk read the title into the record. Board Member Johnson moved to adopt the resolution. Seconded by Vice Chair Young.

Christopher Schuler, Finance and Operations Director presented on this resolution.

The motion passed unanimously on a voice vote.

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Tacoma‐Pierce County Board of Health

COMMENTS BY DIRECTOR OF HEALTH [Anthony L‐T Chen, Director of Health]

Welcome our new Deputy Director Dr. Chen welcomed Nicole Franklin as the new Deputy Director of Health. Ms. Franklin has a long history of operational leadership with a proven focus on equity to help organizations move into the future.

Behavioral Health support for White River Community of Focus Dr. Chen advised that last year, a subgroup in the White River Partnership met with Councilmember Morell to discuss the importance of and need for behavioral health services which led to a $10,000 allocation from CM Morell to the White River School District for mental health support. Thank you, Councilmember Morell.

Racism and Resilience Action Response Team Dr. Chen advised that the Health Department’s Racism and Resilience Action Response Team continues work to move our agency’s racial equity work forward.

Last month Dr. Chen reported that he and Racism and Resilience Action Response team members interviewed virtually with representatives from National Association of County and City Health Officials (NACCHO) and George Washington University to be part of their Resilience Catalyst in Public Health initiative. He announced the team was selected to participate in the 2020 Cohort. A three‐year project, helping local health departments work across sectors to drive initiatives to address racial equity.

Flu season is upon us Dr. Chen advised this flu season it is more important than ever to get a flu shot. He shared that like COVID‐19, the flu is a serious respiratory illness. Last season, the flu killed 13 people in Pierce County, including two children. Forty‐two Pierce County residents died from the flu during the 2018‐2019 season. This influenza season will be unlike any other because COVID‐19 will be in circulation, too.

Permitting, Inspection and Enforcement Enterprise System

Laurel Jellison, Permitting Technology Program Manager advised Board members on EnvisionConnect. She shared background information on where and how the system is used. Ms. Jellison discussed values, vendor criteria and shared a current list of other health departments using EnvisionConnect/Accela. She advised they frequently collaborate between health departments.

COMMENTS BY BOARD OF HEALTH MEMBERS

Chair Ushka welcomed new deputy director Nicole Franklin. Chair Ushka shared her appreciation for everybody at the Board of Health that worked to get us both on Zoom and have a way to take public comment.

Alternate Board Member Farmer advised that earlier in the presentation Stephanie Dunkel mentioned several CARES Act proposals that had been submitted by the health department. Ms. Dunkel noted that the large schools testing of other at‐risk populations had been approved. Alternate Farmer advised that he wanted to make everyone aware that the County Executive approved the rest of the proposals as well.

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Tacoma‐Pierce County Board of Health

Vice Chair Young addressed the media attention to schools particularly with respect to the Peninsula Schools District in‐class for kindergarten and first grade and looking at going back due to increased case counts. He talked about a series of confusing communications.

Vice Chair Young advised he wanted to reassure folks that the Department is moving as quickly it can. The little bit of confusion made it seem as though not everyone is on the same page. That is not the case. Vice Chair Young shared his appreciation for the hard work going into this and for the schools and what they are trying to do to get our kids back into class.

Executive Session

There was no Executive Session

Adjournment

The meeting adjourned at 4:37 p.m.

ATTEST:

______Patricia Darden Chair Catherine Ushka Clerk, Board of Health Chair, Board of Health

January 20, 2021 Date Signed

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Tacoma‐Pierce County Board of Health

Study Session Minutes 3629 South D Street, Tacoma, WA 98418 November 18, 2020 Board of Health Clerk, (253) 798‐2899 3 ‐5 p.m.

Remote Attendance Only Dial in: 253‐215‐8782 Passcode: 694494 Meeting ID: 947 0865 4643

Call to Order Chair Ushka called the meeting to order at 3:02 p.m.

Members Present: Catherine Ushka, Derek Young arrived at 4 p.m., William Hirota, Patricia Johnson, Keith Blocker, Alternate Ken Farmer. Members Excused: Bruce Dammeier, Dave Morell, Douglas Richardson.

Also, present: Anthony L‐T Chen, Director of Health; Cindan Gizzi, Deputy Director; Nigel Turner, Communicable Disease Control Division Director; Morgan Black, Project Manager, Communicable Disease Control; Stephanie Dunkel, Communicable Disease Control Assistant Division Director; Christopher Schuler, Finance and Operations Director; Lisa McVay, Budget Finance Coordinator; Victor Rodriguez, Program Manager; Marcy Boulet, Community Liaison/Communities of Focus; Sebrena Chambers, Strengthening Families Division Director; Jessica Gehle, Environmental Health, Division Director; Guest Susan Peganelli, Key Peninsula Communities of Focus.

Proclamation 20‐28 temporarily prohibits in‐person contacts with the public that are required by the Open Public Meetings Act (OPMA) (RCW 42.30) and the Public Records Act (PRA) (RCW 42.56), suspending some statutory language that would require such contacts. It is effective from March 24, 2020 until midnight, April 23, 2020, unless extended beyond that date.

COVID‐19 Update

Anthony Chen, Director of Health; Nigel Turner, Communicable Disease Control Division Director; Morgan Black, Project Manager, Communicable Disease Control and Dale Phelps, COVID‐19 Communications Lead updated Board Members on disease trends, media campaigns and provided a CARES Act update.

Mr. Turner reviewed the Health Department’s COVID‐19 case count dashboard. He advised Board members on 14‐day case rates, levels of hospitalizations and their capacity to care for potential surges. Mr. Turner discussed case investigations, responding to outbreaks and testing.

Morgan Black advised on CARES Act funding and approved funding proposals for: Increased COVID‐19 testing, Pharmacy assistance, Washington Hospitality Association marketing and Marketing campaign for increased COVID‐19 testing. These minutes are not verbatim. Page 1 of 3

Tacoma‐Pierce County Board of Health

Discussion followed on December’s pending deadline for funding, what are we going to lose and what we can continue to anticipate in terms of resources moving forward. Discussion ensued around the differences in state responses and county responses to the pandemic. Discussion took place on how we are using data to make difficult decisions, death rate metrics and planning beyond December 31, 2020.

2020‐2021 Mid‐biennium Budget Amendment

Lisa McVay, Budget Finance Coordinator advised Board Members on COVID‐19 impacts and response, amendment summary, Healthy Resilient Children and Youth program, revenue and expenditure categories, restructured funding changes and division details. Each division director reported on their division’s budget and adjustments.

Health Equity Action Network/Communities of Focus: Community Voices

Victor Rodriguez, Equity Program Manager and Marcy Boulet, Communities of Focus Coordinator presented on Tacoma‐Pierce County Equity Action Network and Communities of Focus. A platform for the community to address short‐term and long‐term impacts resulting from COVID‐19, cocreate plans and commit to action that move us closer to a healthier and more equitable Pierce County approach.

Mr. Rodriguez advised on their strategies: reduce the disproportionate burden of COVID‐19 among populations at increased risk for infection, severe illness, death, and negative social and economic impacts; address the underlying inequities that drive disproportionate burden of COVID‐19. Chair Ushka commented on Tacoma Refugee Choir and their video using a song about helping everybody get through COVID.

Mr. Rodriguez shared information on COVID‐19 listening sessions, key takeaways, what they heard from Latinx and Pacific Islander communities and Mt. Tahoma High School students and Pacific Islander Youth.

Marcy Boulet advised on Communities of Focus (COF) approach, leveraging impacts in 2019‐2020 and COF strategies that improve our COVID‐19 response. Board Members heard from Susan Peganelli, Key Peninsula Communities of Focus.

Ms. Peganelli talked about leveraging funds, building trust through the listening sessions and an appreciation for a Zoom premium license provided by Communities of Focus to Key Peninsula Council to be used amongst various organizations. Ms. Boulet acknowledged the area Rotary Clubs for purchasing Zoom license for all six Communities of Focus. Chair Ushka shared her appreciation for the opportunity to connect with

Restroom remodel

Christopher Schuler, Finance and Operations Director advised Board Members on next steps for long‐term facilities investments at the Health Department. He shared completed improvement projects and the final design restroom plan. Construction is set to begin the first quarter of 2021.

Executive Session

There was no Executive Session.

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Tacoma‐Pierce County Board of Health

Board Members Comments

Chair Ushka advised she is seeking at least one Board member to participate on a committee to evaluate the performance of a public employee pursuant to RCW 42.30.110(1)(g). The committee is comprised of the Chair, Vice Chair and at least one other Board member. Board members Keith Blocker and Patricia Johnson volunteered to participate on the committee.

The meeting adjourned at 4:42 p.m.

ATTEST:

______Patricia Darden Catherine Ushka Clerk, Board of Health Chair, Board of Health

January 20, 2021 Date Signed

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Tacoma‐Pierce County Board of Health

Regular Meeting Minutes 3629 South D Street, Tacoma, WA 98418 December 2, 2020 Board of Health Clerk, (253) 798‐2899 3‐5 p.m.

Remote Attendance Only Dial in: 253‐215‐8782 Meeting ID: 984‐7588‐1196 Passcode: 381338

Call to Order Chair Ushka called the December 2, 2020 Tacoma‐Pierce County Board of Health Regular meeting to order at 3:04 p.m.

Roll Call Board of Health Members Present: Catherine Ushka, Derek Young, Bruce Dammeier, William Hirota arrived at 3:07 p.m., Patricia Johnson, Dave Morell, Keith Blocker, Alt. Board Member Campbell, Alt. Board Member Ken Farmer. Board of Health Members Excused: Douglas Richardson

For the duration of the declared public health emergency, make oral comments when you join the meeting by phone with the number, meeting ID, and passcode at the top of the agenda. Press *9 to raise your hand and signal you wish to make a comment. Our Public Comment Facilitator will identify you by the last four digits of your phone number and unmute you when it is your turn to speak.

All written and oral comments will become part of the meeting record.

Recognize departing board members

Anthony Chen, Director of Health acknowledged and thanked Board Member Douglas Richardson for his time on the Board of Health from January 18, 2017 through December 31, 2020.

COVID‐19 Update

Anthony L‐T Chen, Director of Health; Nigel Turner, Communicable Disease Control Division Director; Stephanie Dunkel, Communicable Disease Control Assistant Division Director; Morgan Black, Communicable Disease Control Program Manager advised Board Members on COVID‐19 disease trends, school engagement and planning, CARES Act budget, and data team work.

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Tacoma‐Pierce County Board of Health

Mr. Turner updated Board Members on COVID‐19 disease trend data in Pierce County. He provided them with a schools’ update, advised on remote learning recommendations, school outbreaks, testing and case counts. Discussion ensued around testing in schools and partnering with school districts on access to testing.

Board Member Dammeier advised on mobile testing sites in Pierce County specifically targeting underrepresented or communities disproportionally affected by COVID. He advised Pierce County to set up mobile testing in the Eatonville community. Testing is offered every Saturday. Mobile testing tested approximately 25,000 people tested in November over up to a 1,000 per day right now and 58,000 since July. November was just under half of what Pierce County did for the previous 4‐ or 5‐months big uptick in demand.

Discussion followed on the increase in case numbers and data. Further discussion ensued around how quickly data is returned. Mr. Turner advised they monitor the turnaround time from getting symptoms to testing and testing to the reports coming to them to make sure there is not a hold up.

Consent Agenda

Resolution No. 2020‐4667 – Authorization to expend $75,276 with Admiral Insurance Company for general and professional liability insurance and $94,332 with Cities Insurance Association of Washington for property, auto, public official and employment practices liability, and an additional combined $51,313 for excess liability, travel accident, cyber, crime/employee theft, and earthquake insurance with the following agencies: Landmark American, Life insurance Company of New York, Beazley, Travelers Insurance and Lloyds of London for the period January 1, 2021 through December 31, 2021.

Resolution No. 2020‐4668 – Authorization to amend contract with Summit Law for counsel related to labor law in the amount of $30,000; for the period of January 1, 2020 through December 31, 2020.

Resolution No. 2020‐4669 – Authorization to establish operational and purchasing agreement with Pitney Bowes, Inc. for $75,000 for postage and equipment lease, for the period of January 1, 2021 to December 31, 2021.

Resolution No. 2020‐4670 – Authorization to contract with SMS Cleaning, Inc., for $130,000, to provide janitorial services for the period of January 1, 2021 through December 31, 2021.

Resolution No. 2020‐4672 – Authorization to renew contracts for Treatment Services in 2021. SpecGx LLC $125,000, Dr. Chelsea Crabtree $140,000, Regional Toxicology Services $70,000.

Resolution No. 2020‐4673 – Authorization to adopt Tacoma‐Pierce County Health Department’s 2021 Fee Schedule, effective 12:01 a.m. January 1, 2021.

Resolution No. 2020‐4674 – Authorization to contract with Korean Women’s Association for $80,000 to provide SBIRT training, implementation, and referral to treatment services during the period of November 2, 2020 – June 30, 2021.

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Tacoma‐Pierce County Board of Health

Resolution No. 2020‐4675 – Authorization to contract with MultiCare for $102,000 to provide mobile immunization services during the period of January 1, 2021 – December 31, 2020.

Resolution No. 2020‐4676 – Authorization to contract with CHI Franciscan Medical Group for $60,000 to provide tuberculosis services for suspected and confirmed TB cases, during the period of January 1, 2021 – December 31, 2021.

Resolution No. 2020‐4677 – Authorization to increase the purchase order with Dell Marketing L.P for information technology and computer equipment from $500,000 to $750,000 for the period of January 1, 2020 through December 31, 2020.

Resolution No. 2020‐4679 – Authorization to extend the current contract with Accela, Inc. by an amount of $330,460, to continue the License and Support Agreement for enterprise data management services for the Health Department, for the period of January 1, 2021 to December 31, 2022.

Board Member Morell moved to adopt the Consent Agenda. Seconded by Board Member Johnson. The motion passed unanimously on a voice vote.

Regular Agenda

Resolution No. 2020‐4671 – Authorization to contract with Express Services, Inc., in the amount of $3,000,000; and BizTek People, Inc. in the amount of $1,000,000 to address additional staffing needs and to help prevent and control the spread of the novel coronavirus COVID‐19 in Pierce County for the period of January 1, 2021 through December 31, 2021. The Clerk read the title into the record. Board Member Johnson moved to adopt the resolution. Seconded by Board Member Johnson.

Colleen Kilduff, Human Resource and Risk Manager presented.

There was no public comment. The motion passed unanimously on a voice vote.

Resolution No. 2020‐4678 – Authorization to increase the aggregate 2020‐2021 biennial budget by $15,762,600, from the beginning budget of $79,842,620 to $95,605,220 and increase total FTE by 20.79 from 300.59 to 321.38 FTE. The Clerk read the title into the record. Board Member Johnson moved to adopt the resolution. Seconded by Board Member Johnson.

Christopher Schuler, Finance and Operations Director presented.

There was no public comment. The motion passed unanimously on a voice vote.

Resolution No. 2020‐4681 ‐ Authorization to contract with Triple P America for $1,388,204.00 to provide Positive Parenting training and resources to low‐income families in Pierce County, for the period of January 1, 2020 to December 31, 2020. The Clerk read the title into the record. Board Member Johnson moved to adopt the resolution. Seconded by Board Member Johnson.

Sebrena Chambers, Strengthening Families Division Director presented.

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Tacoma‐Pierce County Board of Health

There was no public comment. The motion passed unanimously on a voice vote.

COMMENTS BY DIRECTOR OF HEALTH [Anthony L‐T Chen, Director of Health]

As a small government agency, we are nimble and agile Dr. Chen advised we are exceeding the performance of other health departments in terms of our contact tracing efforts. We continue to onboard contact tracing staff and bring on more people as we need it.

He advised we are the only health department with school testing pilot. The testing pilot is one effort we innovated to protect students and get them back in schools. We are seeing 75‐80% participation.

Dr. Chen advised Board members that the health depart is working with an unprecedented number of partners through Equity Action Network to help get information and resources into communities most disproportionately affected by COVID‐19. The health department has activated many volunteer groups, including the Pierce County Medical Reserve Corps. to help with planning and immunization efforts, including for the upcoming COVID‐19 vaccine.

Dr. Chen advised that now more than ever, neutral public health is essential. We are a neutral voice and have avoided politization in messaging and public campaigns. We pay attention to other critical public health issues. Even in the pandemic, we passed a resolution to dismantle racism.

The health department is a nimble and agile public health agency. We quickly move into action and ensure response. Dr. Chen shared his appreciation for staff and their tireless work, commitment, and passion.

Emergency Use Authorization for vaccines in the works Dr. Chen advised Board members Pfizer and Moderna both requested Emergency Use Authorization for their vaccines. The Advisory Committee on Immunization Practices met Dec. 1 to hold an emergency vote on a recommendation for prioritization. WA DOH is waiting for this to finalize the prioritization and allocation framework we will use. We should see it published this week.

Current timelines estimate the Pfizer vaccine (ultracold) will arrive the third week of December and the Moderna vaccine (frozen) the fourth week of December. WA DOH estimates will receive about 400,000 doses statewide of these two kinds of vaccine before the end of the year.

The vaccine will roll out in three phases as more supply becomes available. Right now, our focus is on Phase 1, which has three subphases. Phase 1a’s objective is protect those at highest risk of exposure to suspected or confirmed COVID‐19 patients, maintain a functioning health system, and protect highly vulnerable populations.

This group will likely include people who work in healthcare with regular exposure, first responders, and residents in nursing homes and other long‐term care facilities. We are coordinating with our healthcare systems, community health centers, and EMS partners in Pierce County and regionally.

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Tacoma‐Pierce County Board of Health

CARES‐funded COVID‐19 staff with us through March Dr. Chen advised Board members temporary staff from Express and Biztech temporary hires—who charge their time to the COVID response can continue to do so through March 30, 2021. We do not have more details on a long‐term funding source for 2021 efforts beyond March but hope to learn more in the next few weeks.

Cindan Is New Deputy Director Dr. Chen advised Board members effective Nov. 13, Cindan Gizzi is Deputy Director of Health at Tacoma‐Pierce County Health Department. She replaced Nicole Franklin, who left to become IT director in the King County Prosecutor’s office. Nicole’s last day was Nov. 13.

New phone system goes live Dr. Chen shared with Board members the health department completed the transition to new phone system last week with no major issues. Staff are now able to answer Department phones remotely. He advised that the health department’s main Department phone numbers will forward for a period of time.

The Department updated its website with all the new phone numbers. The Department moved to an email to fax system that allows staff to send and receive faxes remotely.

Flu activity remains low Dr. Chen advised Board members flu activity in Pierce County remains low as of Nov. 14, which was the end of our most recent surveillance period. So far this season, Pierce County has had no flu deaths. He shared that the health department regularly post flu activity updates in its blog.

The flu shot is your best protection against the flu, and it will help keep more ill people out of our hospitals that are helping people affected by COVID‐19. Dr. Chen encouraged people who have symptoms to get a test to find out if they have the flu or COVID.

He shared they have seen great participation at the free drive thru flu clinics they are doing in partnership with MultiCare, Mary Bridge Children’s Hospital, Pierce County Medical Reserve Corps and Pacific Lutheran University.

The last drive‐thru clinic is tomorrow (Dec. 3) and the last homeless shelter clinic is Dec. 9. Contact your provider or visit www.tpchd.org/flu for locations and dates of our free flu clinics and other resources.

Chair Ushka asked Dr. Chen to share the COVID‐19 vaccination priority list for disbursement with the Board when he receives it, so everyone is on the same page and working from the same document. Chair Ushka thanked the health department and Pierce County for securing freezers for the vaccines.

She welcomed Cindan Gizzi into her new role as Deputy Director. Chair Ushka celebrated the team that rolled out the Department’s new phone system. Board Member Hirota thanked Ms. Gizzi for taking on the role of Deputy Director.

COMMENTS BY BOARD OF HEALTH MEMBERS

Chair Ushka shared her appreciation for TPCHD to stay politically neutral during the pandemic. She talked about the many things that staff have been able to meet the need in front of them. She clarified that as Chair she is grateful the TPCHD hard work throughout the pandemic every day.

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Tacoma‐Pierce County Board of Health

Executive Session

There was no Executive Session

Adjournment

The meeting adjourned at 4:58 p.m.

ATTEST:

______Patricia Darden Chair Clerk, Board of Health Chair, Board of Health

January 20, 2021 Date Signed

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Tacoma‐Pierce County Board of Health

Study Session Minutes 3629 South D Street, Tacoma, WA 98418 December 16, 2020 Board of Health Clerk, (253) 798‐2899 3 ‐5 p.m.

Remote Attendance Only Dial in: 253‐215‐8782 Passcode: 575390 Meeting ID: 992 6138 9468

Call to Order Chair Ushka called the meeting to order at 3:01 p.m.

Chair Ushka urged Board members to leave politics outside but bring their values and ideas with them when they come to the table. She shared her gratefulness for Board member participation over the last year. Chair Ushka conveyed the need to focus on getting through this pandemic and vaccine deployment. She advised it is important to stand together at this table for public health.

Board Member Morell shared his gratitude for Chair Ushka’s comments and her sincerity. He expressed his appreciation for civility at last night’s Pierce County Council meeting where council members heard Proposal No. 2020‐ 136s, Terminating TPCBH Interlocal. Board member Morell commented on the work Board members have to do, representing constituents and making that voice known.

Board Member Johnson shared thankfulness for being in a non‐partisan position as a mayor and as a council member. She conveyed her appreciation for the civility of last night’s Pierce County Council meeting.

Members Present: Catherine Ushka, Derek Young, William Hirota, Patricia Johnson, Keith Blocker arrived at 3:23 p.m., Bruce Dammeier arrived at 3:29 p.m., Dave Morell, Douglas Richardson, Alternate Board Member Ken Farmer. Members Excused:

Also, present: Anthony L‐T Chen, Director of Health; Cindan Gizzi, Deputy Director; Stephanie Dunkel, Communicable Disease Control Assistant Division Director; Benjii Bittle, Business Development Manager; Karen Meyer, Community Health Improvement Plan Coordinator; Jax Hermer, Communicable Disease Control, Public Health Nurse Consultant; Guest: Jahmad Canley of Potential Unleashed Consulting.

These minutes are not verbatim. Page 1 of 3

Tacoma‐Pierce County Board of Health

Content experts described the work and vision for each initiative. Board members heard from Victor Rodriguez, Health Equity Manger, Sebrena Chambers, Incident Commander for Racism Resiliency Action Response Team; Jessica Gehle Environmental Health Division Director; Elizabeth Allen, Behavioral Health Policy Coordinator.

Board members shared their feedback and comments. Mr. Bittle shared next steps: Final approval January 2021; Operationalize the plan: Goals, Measures and Values.

COVID‐19 Vaccine: Close the equity gap

Jax Hermer, DNP, RN updated Board members on COVID‐19 Vaccine distribution, consideration for vaccine promotion, community engagement and vaccine candidates. Ms. Hermer discussed distribution timelines, vaccine allocation and equity. She advised those at highest exposure risk will get the vaccine first.

Ms. Hermer shared that we are in Phase 1a. She described who will receive the vaccine first: High risk workers in healthcare settings, high risk first responders, long‐term care residents and staff. Ms. Hermer advised next would be critical care workers at high risk of exposure at work, people with multiple underlying health conditions and people over 65 years.

Discussion followed around building confidence in communities heavily burdened by COVID‐19. Ms. Hermer responded to questions regarding the timeline of getting vaccine to the broader population. She advised Department of Health is releasing an app that will track what phase a person is in for distribution of the vaccine.

Discussion ensued around allergies, will we vaccine annually, will COVID come back in a different strain. Ms. Hermer explained we will learn more over time.

Executive Session

Chair Ushka announced the Board will enter into Executive Session to discuss performance of a public employee pursuant to RCW 42.30.110(1)(g) to last 20 minutes. Executive session began at 5:04 p.m. The Chair extended Executive Session 30 minutes. Executive Session ended at 5:56 p.m. Legal Counsel was not present.

Board Members Comments

Chair Ushka encouraged continued messaging on masking and staying safe.

The meeting adjourned at 5:59 p.m.

ATTEST:

______Patricia Darden Catherine Ushka Clerk, Board of Health Chair, Board of Health

January 20, 2021 Date Signed

Special Meeting/Study Session Minutes –12/16/2020 Page 3 of 3

Tacoma‐Pierce County Board of Health

RESOLUTION NO. 2021‐4682

BE IT RESOLVED BY THE TACOMA‐PIERCE COUNTY BOARD OF HEALTH, that Tacoma‐Pierce County Health Department is authorized

 Authorization to enter into an agreement with Pierce County in the amount of $460,000.00 to provide security guard services and security monitoring for the period of February 1, 2021 through December 31, 2022.

______

Chair, Board of Health

January 20, 2021 Date of Adoption

ATTEST:

______Patricia Darden Clerk, Board of Health

01/20/2021‐ Resolution 2021‐4682 Page 1 of 1

Board of Health Action Request

REGULAR AGENDA Resolution No. 2021‐4682

Requesting Division Presenter Phone Number Christopher Schuler, Finance & Administrative Services (253) 649‐1515 Operations Director

Preparation of an Agenda Request/Resolution for the Board of Health meeting. Date: January 20, 2021

Request Summary Authorization to enter into an agreement with Pierce County in the amount of $460,000.00 to provide security guard services and security monitoring for the period of February 1, 2021 through December 31, 2022.

Background Information / Comments

Health Lens Analysis Tool Note: Health Lens Analysis Tool must be completed and uploaded to the BOH Resolution documents library. Recommended Board of Health Action Approve Resolution No. 2021‐4682

List all materials attached as backup information for the request. Security 2021‐2022 Agreement Pierce County – Securitas contract Note: All documents listed above must be uploaded to the BOH Resolution documents library. Finance Information/Additional Revenue Grantor / Contractor:

Source of Revenue Additional Expenditure Federal: Various $460,000.00 State: Account Pierce County: Number(s) City of Tacoma: Other: Total: $460,000.00 Total: $0.00 Program Business Support Services ‐ Operations Name Strengthening Families ‐ Treatment Services

Program / Division Director Approval Business Support Services Approval Director of Health Approval

Tacoma-Pierce County Board of Health www.tpchd.org Board of Health Action Request Rev. 05/14 3629 South D Street, MS 1001, Tacoma, WA 98418 Page 1 of 1 (253) 798-2899 (p) ▪ (253) 798-7627 (f)

Health in All Policies Health Lens Analysis Tool

Name of Proposed Policy or Decision 2021‐2022 Security Services Contract

Health Lens Analysis Questions 1. What is this proposal trying to accomplish?

 Provide physical security services and security monitoring systems to reduce and mitigate security and safety risks.  Reduce costs associated with providing security services.

2. Which groups of people will be most affected by this proposal?

Positively affected: Health Department employees, visitors, clients. Security guards through employment. Security company employees and owners. Pierce County security management staff.

Negatively affected:

3. Which groups of people who may be affected have you consulted when developing the proposal? Who have you not consulted that might be affected?

Consulted with: Health Department employees and management. Pierce County staff. Pierce County leadership. Security companies.

Have not consulted with: Visitors and clients.

4. How would this proposal improve or impair the social conditions of the community?

Allows the Health Department to provide more robust and consistent security services to better serve our employees and visitors. Opportunity to further improve providing a welcoming environment and have security personnel reflect our community and visitors.

5. How would this proposal improve or impair the economic conditions of the community?

Negligible change. Savings related to contract changes not anticipated to negatively impact employment in Pierce County.

Date of Policy Review (11/13/2020) Page 1 of 2

Health in All Policies Health Lens Analysis Tool

6. How would this proposal improve or impair the environmental conditions of the community? Negligible change

7. What are some possible unintended negative health effects of this proposal?

Unknown

8. What actions do we need to take to ensure this proposal supports health in Pierce County? Whom might you need to work with to accomplish these actions? Unknown

9. What actions will be taken to strengthen this proposal’s support of health in Pierce County?

No change (please explain:) We are continuing services with those provided through Pierce County Facilities Management.

Remove the following from the proposal:

Amend the following in the proposal:

Add the following to the proposal:

Date of Policy Review (11/13/2020) Page 2 of 2

Agreement for Security Services-Pierce County Facilities and Tacoma-Pierce County Health Department

Pierce County Facilities Management/Security and Tacoma-Pierce County Health Department Agreement

This Agreement is made on February 1, 2021 by and between Pierce County Security Management, 1102 Broadway, Suite 302, Tacoma, Washington, 98402, hereinafter "PCSM" and Tacoma-Pierce County Health Department, 3629 South D Street, Tacoma, Washington, 98418, hereinafter "TPCHD".

WHEREAS, PCSM enhances the delivery of county services by providing physical security programs and systems designed to reduce vulnerabilities and mitigate security risks; and

WHEREAS, PCSM has agreed to provide security services for TPCHD’s facility located at 3629 South D Street, Tacoma, Washington and TPCHD has agreed to purchase said services; now, therefore, the parties agree as follows:

TERM The term of this Agreement shall be from February 1, 2021 through December 31, 2022 unless terminated sooner in accordance with the terms of this Agreement (the "Term"). TPCHD reserves the right to renew this Agreement, for up to two (2) additional one-year terms, based upon available funding and satisfactory performance.

PURPOSE The purpose of this Agreement is to set forth the terms and conditions whereby PCSM, through a contracted guard service company, shall provide security guard services and a mobile security presence to enhance the security and safety of those using TPCHD’s facility at 3629 South D Street, Tacoma, WA.

OBLIGATIONS OF THE PARTIES

PCSM shall perform the following obligations:

Provide mobile security rounds through a contracted guard service. Provide fixed post security as established in Addendum A. Provide patrol rounds striving for hourly checks, 24 hours a day, 7 days a week. Each patrol round shall include a dedicated drive through of the entire campus and established properties, attention to isolated areas, areas with dim lighting and the TPCHD buildings and surrounding parking area. Efforts to coordinate presence during shift change will be emphasized. Engage in suspicious activities and vehicle encounters. Criminal activity will be immediately referred to the appropriate law enforcement agency. Data compilation and activity review will be conducted by PCSM Manager and provided to the TPCHD designated representative. TPCHD employees can directly contact the mobile patrol unit and any of the fixed security officers for response, made available by cellphone or through the SOC as it pertains to any suspicious behavior, concerns or requests for escort to vehicles. This shall be conducted through 253-798-8899 direct contact. Mobile security will be dispatched and respond to engage in the requested services.

1 Pierce County/Tacoma-Pierce County Health Department Agreement Agreement for Security Services-Pierce County Facilities and Tacoma-Pierce County Health Department

TPCHD shall perform the following obligations:

Provide timely payment for services rendered as agreed upon. Provide PCSM with a point of contact for contract review, discussion and data exchange. Ensure employees understand the nature and scope of the security services that PCSM will provide to TPCHD employees. Emergency Contact roster for emergency event notification

CONFIDENTIALITY Subject to sub-clause (2) below, each party shall treat all information received or obtained as a result of entering into or performing this Agreement as strictly confidential.

Each party may disclose information which would otherwise be confidential if and to the extent:

i. Required by the law of any relevant jurisdiction; ii. The information has come into the public domain through no fault of that party; or iii. The other party has given prior written approval to the disclosure, provided that any such information disclosed shall be disclosed only after consultation with and notice to the other party.

RELATION OF THE PARTIES The nature of relationship between PCSM and TPCHD is that of a Pierce County entity providing security support as an independent contractor to TPCHD.

CONSIDERATION This Agreement is being made in consideration of the following:

Health Department Fixed Posts: 0700-1100 Monday thru Friday 1100-1900 Monday thru Friday 1200-1700 Monday thru Friday

85 billable hours per week

Clinic Operations Fixed Posts: 0400-1200 Monday thru Friday 0500-1300 Monday thru Friday

80 billable hours per week

1305 Building Support: 0745-1700 Monday thru Saturday

64.75 billable hours per week

BILL RATE FOR FIXED POST: January 1, 2021 Bill rate is $23.57 an hour

2 Pierce County/Tacoma-Pierce County Health Department Agreement Agreement for Security Services-Pierce County Facilities and Tacoma-Pierce County Health Department

July 1, 2021 Bill rate is $24.07 January 1, 2022 Bill rate is $24.57 July 1, 2022 Bill rate is $25.07

Mobile Patrol Hours: 24/7 Rate: 1 check every hour after hours of all premises/ $210.00 per week Alarm Monitoring transition: Rate: Actual one-time expense to be agreed by both parties Alarm Monitoring: Rate: $55/month Estimated Monthly Expense: $55

Other security services as agreed upon by both parties and attached as an amendment to this agreement.

REPRESENTATIONS AND WARRANTIES Each party to this Agreement represents and warrants to the other party that he/she/it:

a) Has full power, authority and legal right to execute and perform this Agreement. b) Has taken all necessary legal and corporate action to authorize the execution and performance of this Agreement. c) This Agreement constitutes the legal, valid and binding obligations of such party in accordance with its terms; and d) Shall act in good faith to give effect to the intent of this Agreement and to take such other action as may be necessary or convenient to consummate the purpose and subject matter of this Agreement.

TERMINATION After the security services have been provided for 90 days, the parties agree to meet to review and assess the services provided and all relevant data. Immediately following the 90-day assessment period, either party can terminate the Agreement with 60 days’ notice or extend the asessment period for an additional 90-days.

At all times, either party may terminate its performance under this Agreement upon the default of the other party.

If sufficient funds are not appropriated or allocated for payment under this contract for any future fiscal period, TPCHD will not be obligated to make payments for services or amounts incurred after the end of the current fiscal period and the Agreement shall terminate. No penalty or expense shall accrue to TPCHD in the event this provision applies. TPCHD shall provide a minimum of 90-days’ notice if this provision applies.

Any termination of this Agreement shall not absolve the Parties from the obligation to observe the confidentiality measures and other restraints as set out herein.

HOLD HARMLESS PCSM agrees to defend, indemnify and hold harmless TPCHD, its appointed and elected officials, officers, directors, employees, and agents from and against any and all liabilities, losses, claims, obligations,

3 Pierce County/Tacoma-Pierce County Health Department Agreement Agreement for Security Services-Pierce County Facilities and Tacoma-Pierce County Health Department

demands, costs, damages and expenses, including attorney's fees (collectively, a “Claim”) arising out of or in any way related to PCSM’s performance of this Agreement, to the extent caused by the negligent acts or omissions of PCSM , its subcontractors, agents, successors and assignees, or anyone directly or indirectly employed by PCSM or anyone for whose acts PCSM supervises or controls (each a “Contractor Party”), regardless of whether or not such Claim is caused in part by TPCHD. Where a Claim arises from the concurrent fault of the parties to the Agreement, PCSM’s obligations under this Section shall only apply to extent of the respective fault of PCSM and Contractor Parties. This duty to defend, indemnify and hold harmless shall apply regardless of whether a Claim is brought pursuant to the Industrial Insurance Act, RCW Title 51, or otherwise, and PCSM waives any immunity whatsoever with respect to its duty to defend, indemnify and hold harmless. This duty to defend, indemnify and hold harmless shall apply regardless of whether this Agreement is executed after PCSM begins the security services and shall extend to claims arising after this Agreement is terminated. PCSM shall use legal counsel reasonably acceptable to TPCHD in defense of Claims within PCSM’s defense obligations.

INSURANCE

PCSM shall maintain, at its own expense, during the duration of this Agreement, all insurance identified below. All insurance required below shall be secured with insurance companies having an A.M. Best’s rating of not less than A-VII.

1) Commercial General Liability Insurance, using Insurance Service Office form CG0001 or the equivalent, with minimum limits of no less than $1,000,000 each occurrence, $2,000,000 general aggregate, including, but not limited to, bodily injury, including death, and damage to property, premises and operations, products and completed operations (for the entire period of the applicable statutes of limitation); independent contractors; blanket contractual; personal injury and advertising injury.

2) Commercial Automobile Liability Insurance, with minimum limits of no less than $1,000,000 each accident, with coverage applying to all owned automobiles, hired and non-owned.

3) Workers’ Compensation Insurance as required by Washington State law.

4) Employer’s Liability with limits not less than $1,000,000 each employee, $1,000,000 each occurrence, $1,000,000 annual aggregate.

B. PCSM’s Commercial General Liability Insurance policy and Comprehensive Automobile Liability Insurance policy shall name TPCHD as an additional insured on a primary and non-contributory basis and the insurers shall be required to waive all rights of subrogation against TPCHD and its officers, directors, employees, and agents. PCSM shall provide TPCHD, by endorsement or policy provision, at least thirty (30) days’ written notice prior to any cancellation, non-renewal, or material change; provided that only ten (10) days’ notice is required prior to cancellation for premium non-payment.

C. Promptly following demand by TPCHD, PCSM shall provide to TPCHD acceptable certificates of insurance evidencing coverage required according to this Agreement prior to commencement of Services.

D. TPCHD shall have no obligation to report occurrences unless a claim is filed with the Director of Health.

4 Pierce County/Tacoma-Pierce County Health Department Agreement Agreement for Security Services-Pierce County Facilities and Tacoma-Pierce County Health Department

E. Self-Insurance

1) In the event PCSM has a self-insurance program, PCSM’s responsibilities to TPCHD are not waived. PCSM will be responsible for defending and indemnifying and holding TPCHD harmless from any and all Claims in the same manner as would be required and provided by an insurance company under this section. The intent of this clause is to provide "Additional Insured" coverage to TPCHD in the same manner as would have been provided by an insurance policy.

2) Evidence of PCSM’s self-funded/self-insurance program will be provided to TPCHD, including name, address and phone number of a claim manager, along with the name and description of the self-funded/self- insurance plan.

F. PCSM shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein

ASSIGNMENT PCSM may not assign its interest in this Agreement without TPCHD’s prior consent.

REMEDIES ON DEFAULT In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any material provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 60 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.

FORCE MAJEURE If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party is unable to carry out its obligations, gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lockouts, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

ARBITRATION Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom

5 Pierce County/Tacoma-Pierce County Health Department Agreement Agreement for Security Services-Pierce County Facilities and Tacoma-Pierce County Health Department

shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement. Each party shall be responsible for payment of their own attorney's fees and costs.

NONDISCRIMINATION Each party covenants that in providing the services and otherwise performing under this Agreement, no person shall be excluded from participation therein, denied the benefits thereof, or otherwise be subjected to discrimination with respect thereto on the grounds of race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.

NOTICE Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the person and address listed below or to such other person or address as one party may have furnished to the other in writing. The notice shall be deemed received when delivered or signed for, or on the third day after mailing if not signed for.

For TPCHD: For PCSM:

Christopher Schuler, Business Manager Karl Imlig, Pierce County Facilities Director 29 South D Street, MS1004 1102 Broadway, Suite 302 Tacoma, WA 98418-6813 Tacoma, WA 98402 Phone: (253) 649-1515 ______Fax: (253) 649-1393 ______

ENTIRE AGREEMENT This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement, and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.

AMENDMENT This Agreement may be modified or amended if the amendment is made in writing and signed by both parties.

SEVERABILITY If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is

6 Pierce County/Tacoma-Pierce County Health Department Agreement Agreement for Security Services-Pierce County Facilities and Tacoma-Pierce County Health Department

invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

WAIVER OF CONTRACTUAL RIGHTS The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the state of Washington.

SIGNATORIES This Agreement shall be signed on behalf of Pierce County Security Management by Karl Imlig, Facilities and on behalf of Tacoma-Pierce County Health Department by Christopher Schuler, Business Manager and effective as of the date first written above.

Pierce County Facilities Management:

Signature: ______Date: ______Karl Imlig, Director

Tacoma-Pierce County Health Department:

Signature: ______Date: ______Christopher Schuler, Business Manager

7 Pierce County/Tacoma-Pierce County Health Department Agreement Tacoma‐Pierce County Board of Health

RESOLUTION NO. 2021‐4683

BE IT RESOLVED BY THE TACOMA‐PIERCE COUNTY BOARD OF HEALTH, that Tacoma‐Pierce County Health Department is authorized

 Authorization to contract with Puget Sound Educational Service District, in the amount of $110,400 to provide Positive Steps/youth truancy reduction services, for the period of January 1, 2021 through December 31, 2021

______

Chair, Board of Health

January 20, 2021 Date of Adoption

ATTEST:

______Patricia Darden Clerk, Board of Health

01/20/2021‐ Resolution 2021‐4683 Page 1 of 1

Board of Health Action Request

REGULAR AGENDA Resolution No. 2021‐4683

Requesting Division Presenter Phone Number Strengthening Families Sebrena Chambers, Division Director 253‐649‐1613

Preparation of an Agenda Request/Resolution for the Board of Health meeting. Date: January 6, 2021

Request Summary Authorization to contract with Puget Sound Educational Service District, in the amount of $110,400 to provide Positive Steps/youth truancy reduction services, for the period of January 1, 2021 through December 31, 2021

Background Information / Comments

Approved for Consent Agenda on October 14, 2020

Recommended Board of Health Action Approve Resolution No. 2014‐xxxx

List all materials attached as backup information for the request.

2021 Contract for services.

Note: All documents listed above must be uploaded to the BOH Resolution documents library. Finance Information/Additional Revenue Grantor / Contractor: Puget Sound Educational Service District

Source of Revenue Additional Expenditure Federal: 103‐556‐1103‐72 $110,400.00 State: Account Pierce County: Number(s) City of Tacoma: $110,400.00 Other: Total: $110,400.00 Total: $110,400.00 Program Community Health Name

Program / Division Director Approval Business Support Services Approval Director of Health Approval

Tacoma-Pierce County Board of Health www.tpchd.org Board of Health Action Request Rev. 05/14 3629 South D Street, MS 1001, Tacoma, WA 98418 Page 1 of 1 (253) 798-2899 (p) ▪ (253) 798-7627 (f)

Health in All Policies Health Lens Analysis Tool

Name of Proposed Policy or Decision Positive Steps Program—Truancy prevention program serving at‐risk students and their families. (Puget Sound Educational Services District provides these services through an annual contract.)

Health Lens Analysis Questions 1. What is this proposal trying to accomplish?

Intervention services for students in the Tacoma School District who have been identified as truant and at risk for dropping out of school. This is an existing program.

2. Which groups of people will be most affected by this proposal?

Positively affected: Students and their families residing in the Tacoma School District.

Negatively affected: None identified.

3. Which groups of people who may be affected have you consulted when developing the proposal? Who have you not consulted that might be affected?

Consulted with: Educational and behavioral health providers consult on individual cases and overall program reach. Families and students provide ongoing feedback on services and outcomes of interventions. PSESD staff participate and consult with school truancy board.

Have not consulted with: There is future opportunity to consult with additional community collaborations. There are a number of new groups developing to youth and family needs in Tacoma.

4. How would this proposal improve or impair the social conditions of the community?

We know retaining youth in school/education leads to stronger social connections for youth and family. This program through building links between families, youth and schools develops networks of services to enhance family functioning. Services are provided in the home, school or community of the family and child. Additionally, services providers develop reach and relationships with other providers.

Date of Policy Review (xx/xx/2017) Page 1 of 2

Health in All Policies Health Lens Analysis Tool

5. How would this proposal improve or impair the economic conditions of the community?

Improved educational attainment. A high school diploma is associated with greater economic opportunity and improved health outcomes including longevity. School and social engagement reduce factors associated with criminal and risk‐taking behaviors.

6. How would this proposal improve or impair the environmental conditions of the community? None identified.

7. What are some possible unintended negative health effects of this proposal?

None identified

8. What actions do we need to take to ensure this proposal supports health in Pierce County? Whom might you need to work with to accomplish these actions? Ensure Positive Steps Puget Sound Education Services District staff are aware of ongoing and new efforts for increasing social connections for communities including Tacoma. Continue to connect staff with TPCHD Health Promotion Coordinators (including Eastside Family Support lead) in our Communities of Focus work in Tacoma.

9. What actions will be taken to strengthen this proposal’s support of health in Pierce County?

No change (please explain:)

Remove the following from the proposal:

Amend the following in the proposal:

Add the following to the Contract funds may be used to send one Positive Steps staff to proposal: Parent Project facilitator training. This would backfill support capacity for parents of children with serious behavioral concerns (runaway, domestic violence, criminal behavior, suicide, self‐harm).

Date of Policy Review (xx/xx/2017) Page 2 of 2

Contract for Services, # 2021-00000025

CONTRACT FOR SERVICES

This Contract for Services, #2021-00000025, is hereby made by and between the Tacoma-Pierce County Health Department (“Department”), and Puget Sound ESD #121 (“Contractor”).

I. DEFINITIONS

As used herein, the following terms shall have the meanings set forth below:

A. Contract means this Contract for Services together with the below-identified attachments, each of which is incorporated in this Contract for Services by this reference.

Addendum Page Description A 10 Contractor Services B 11 Reimbursement C 13 Business Associate Agreement

B. Services means all work performed by Contractor for Department pursuant to and governed by this Contract.

C. Records means all documents arising out of or related in any way to the Services, including, without limitation, any paper, correspondence, note, report, tape, plan, book, photo, film, video, sound recording, machine-readable material and data file in the possession or under the control of Contractor, its employees, agents, successors, or assigns.

D. Confidential Information means all non-public information that Department designates as being confidential, or that which under the circumstances ought to, in good faith, be treated as confidential.

II. TERM

The term of this Contract shall begin January 1, 2021 and end December 31, 2021, unless terminated earlier pursuant to its terms and conditions. Should this Contract be signed after the term beginning date stated herein, then it shall be retroactive and binding to that date. Department reserves the right to renew this Contract on the same terms, for up to four (4) additional one-year terms, based upon available funding and satisfactory performance.

III. PAYMENT

The DEPARTMENT shall pay the maximum sum of $110,400 for the services provided by the CONTRACTOR as set forth in Addendum A. The payment for the services provided shall be made as set forth in Addendum B, attached hereto and incorporated by reference.

1 Puget Sound ESD #121

Contract Terms & Conditions (Rev 10/1/2017 BLG/kew)

Original Contract for Services, # 2021-00000025

IV. HOLD HARMLESS

Contractor agrees to defend, indemnify and hold harmless Department, its appointed and elected officials, officers, directors, employees, and agents from and against any and all liabilities, losses, claims, obligations, demands, costs, damages and expenses, including attorney's fees (collectively, a “Claim”) arising out of or in any way related to Contractor’s performance of this Contract, to the extent caused by the negligent acts or omissions of Contractor, its subcontractors, agents, successors and assignees, or anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor supervise or control (each a “Contractor Party”), regardless of whether or not such Claim is caused in part by Department. Where a Claim arises from the concurrent fault of the parties to the Contract, Contractor’s obligations under this Section shall only apply to extent of the respective fault of Contractor and Contractor Parties. This duty to defend, indemnify and hold harmless shall apply regardless of whether a Claim is brought pursuant to the Industrial Insurance Act, RCW Title 51, or otherwise, and Contractor waives any immunity whatsoever with respect to its duty to defend, indemnify and hold harmless. This duty to defend, indemnify and hold harmless shall apply regardless of whether this Contract is executed after Contractor begins the Services and shall extend to claims arising after this Contract is terminated. Contractor shall use legal counsel reasonably acceptable to Department in defense of Claims within Contractor’s defense obligations.

V. INSURANCE

A. Contractor shall maintain, at its own expense, during the duration of this Contract, all insurance identified below. All insurance required below shall be secured with insurance companies having an A.M. Best’s rating of not less than A-VII.

2) Commercial Automobile Liability Insurance, with minimum limits of no less than $1,000,000 each accident, with coverage applying to all owned automobiles, hired and non-owned.

3) Professional Liability or Errors, and Omissions Insurance, where Services delivered pursuant to this Contract either directly or indirectly involve or require providing professional services ("professional services" for the purposes of this Contract, shall mean physician, psychologist, engineering, or other licensed or certified profession), with limits not less than $1,000,000 each claims, $1,000,000 aggregate.

4) Workers’ Compensation Insurance as required by Washington State law.

5) Employer’s Liability with limits not less than $1,000,000 each employee, $1,000,000 each occurrence, $1,000,000 annual aggregate.

B. Contractor’s Commercial General Liability Insurance policy and Comprehensive Automobile Liability Insurance policy shall name Department as an additional insured on a primary and non-contributory basis and the insurers shall be required to waive all rights of subrogation against Department and its officers, directors, employees, and agents. The Commercial General Liability insurance shall include Department as additional insured for both ongoing and completed operations using Insurance Services Office form CG2010904-13) and CG 2037(04-13) or the equivalent. Contractor shall provide Department, by endorsement or policy provision, at least thirty (30) days’ written notice prior to any cancellation, non-renewal, or material change; provided that only ten (10) days’ notice is required prior to cancellation for premium non-payment.

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C. Promptly following demand by Department, Contractor shall provide to Department acceptable certificates of insurance evidencing coverage required according to this Contract prior to commencement of Services and at any other time requested by Department.

D. Department shall have no obligation to report occurrences unless a claim is filed with the Director of Health.

F. Self-Insurance

1) In the event CONTRACTOR has a self-insurance program, CONTRACTOR's responsibilities to DEPARTMENT are not waived. CONTRACTOR will be responsible for defending and indemnifying and holding DEPARTMENT harmless from any and all Claims in the same manner as would be required and provided by an insurance company under this section. The intent of this clause is to provide "Additional Insured" coverage to DEPARTMENT in the same manner as would have been provided by an insurance policy.

2) Evidence of CONTRACTOR's self-funded/self-insurance program will be provided to DEPARTMENT, including name, address and phone number of a claim manager, along with the name and description of the self-funded/self-insurance plan.

3) CONTRACTOR will also provide a Certificate of Insurance listing all excess layers of liability coverage, limits and SIR's or deductibles.

VI. RECORDS, CONFIDENTIALITY, AND OWNERSHIP OF WORK FOR HIRE

A. Contractor shall maintain and preserve, for the time period described in Section VI (B) below, all Records despite any document retention policy to the contrary. Department, its attorneys, agents, and authorized representatives shall have the right, during the time period described in Section VI (B) below, to examine and copy all Records and shall have open access to Records for any purpose, including, but not limited to, the purpose of audit, inspection, and reproduction.

B. The time period, for purposes of Section VI (A), shall end eight (8) years after the final payment, or final settlement under this Contract, or final resolution of any disputed matter arising out of the Contract, whichever occurs later.

C. Contractor shall provide Department with prompt access to Records and agrees to ensure to the extent possible the cooperation of its agents and employees to aid Department in the collection of such information and Records as Department may require in complying with applicable state and federal laws, including, without limitation, data breach notification requirements. Department shall give reasonable notice to the Contractor to gain access to Records.

D. Contractor shall not submit to any agency or third party any data, Records, reports, summaries, analyses, documents, other materials, or Records developed by Contractor in connection with the Services without first affording Department reasonable opportunity (to be not less than ten [10] business days) to review and approve the release of such material.

E. All Records except medical and client treatment records or records otherwise exempt by law, shall be considered to be public records and maintained in accordance with applicable laws. Medical client treatment records of all kinds shall be considered confidential. Contractor agrees to notify Department immediately if there is a breach of security of any system maintained by Contractor that includes personal information (as defined in RCW 19.255.010) acquired in connection with Contractor’s performance of Services under this Contract.

All Records, including pre-contract documents (such as bid documents), supplied by Contractor shall be considered to be public records. Contractor acknowledges that Department is a public entity subject to the Public Records Act, Chapter 42.56 RCW. Contractor further acknowledges that

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Records submitted to Department may be subject to release to a third party. If Contractor believes that any Records should be confidential (such as trade secret or other proprietary data) Contractor must mark such Records accordingly. If Department receives a request for Records which would include Records marked by Contractor as confidential, Department may, at its sole option, contact and notify Contractor of the request. If Contractor desires to prevent release of the Record, it shall be Contractor’s sole responsibility to obtain a court order enjoining the release. Nothing in this section shall be deemed to impose any duties, obligations, or liability upon Department for the release of Records regardless of whether they are marked confidential.

F. All rights, title, and interest in anything produced in the performance of this Contract, including, without limitation, all inventions, works of authorship, designs, know-how, ideas, Work, and information, shall pass to Department when payment is made pursuant to the Contract.

G. Contractor shall warrant that all titles pass to Department free from claims, liens, special interests, or encumbrances.

H. Should Department order or commission, pursuant to this Contract, the creation of an original work or works by Contractor for use as one or more of the following (“Work”), the parties agree that the Work shall be conserved a “work made for hire” as defined by 17 U.S.C. § 201(b): as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas.

1) In the event the Work is for any reason determined not to be a work made for hire, Contractor does hereby assign to Department all exclusive right, title and interest to the Work, including all copyrights in the Work. Contractor hereby irrevocably designates and appoints Department as its agent and attorney-in-fact, coupled with an interest, to act for and on Contractor’s behalf to execute and file any document and to do all other lawfully permitted acts to further the foregoing with the same legal force and effect as if executed by Contractor.

2) Contractor warrants that the Work will not infringe upon any existing copyright, and that Contractor will indemnify, defend, and hold Department harmless against any claim, demand, action or recovery, including attorney fees and costs, against Department by reason of any violation of proprietary or copyright law arising out of or in connection with the Work.

VII. DEFAULT OR BREACH OF CONTRACT

A. Any of the following events constitutes a default under this Contract:

1) Contractor’s failure to comply with the terms and conditions of this Contract or to substantiate compliance;

2) Contractor’s ineffective, improper, or illegal use of Contract funds;

3) Contractor’s provision of materials, information, reports, or documentation which is incomplete, misleading, incorrect, or false, either knowingly or inadvertently;

4) Contractor’s failure to provide the Services in a timely and reasonable manner;

5) Any illegal act on the part of Contractor; and

6) Any failure to resolve, in a timely fashion, audit findings associated with this Contract.

B. None of Department’s rights or remedies hereunder are intended to be exclusive, but each shall be cumulative and in addition to any other right or remedy referred to hereunder or otherwise available to Department at law or in equity, and no express or implied waiver by Department of any default shall

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constitute a waiver of any other default or a waiver of any of Department’s rights.

C. In the event that it is determined that any funds were disbursed under this Contract in violation of the terms and conditions of this Contract, such sums shall be promptly reimbursed to Department upon written demand. Neither payment of any funds under this Contract, nor any other action of Department or its agents or employees, prior to the discovery of the violation, shall constitute a waiver thereof.

VIII. SUSPENSION/TERMINATION

A. Department may terminate this Contract at any time upon the default of Contractor or upon public convenience, including but not limited to loss of or reduction in funding. In the event of termination, all finished or unfinished documents, reports, or other material or Work of Contractor pursuant to this Contract shall be submitted to Department, and Contractor shall be entitled to just and equitable compensation for any satisfactory Services completed prior to the date of termination, not to exceed the total compensation set forth herein. Termination shall be accomplished by providing Contractor with fourteen (14) days written notice. Contractor shall not be entitled to any reallocation of cost, profit, or overhead. Contractor shall not be entitled to anticipated profit on Services not performed, penalties, or termination charges because of such termination. Contractor shall use its best efforts to minimize the compensation payable under this Contract in the event of such termination. If the Contract is terminated for default, Contractor shall not be entitled to receive any further payments under the Contract until all Services have been fully performed. Any extra cost or damage to Department resulting from any default(s) shall be deducted from any money due or coming due to Contractor. Where the Contract is terminated as a result of Contractor’s default, Contractor shall be responsible for all increased expenses incurred by Department, including all increased costs for completing the Services.

B. Department may suspend this Contract, at its sole discretion, upon five (5) business days advance written notice to Contractor. Such notice shall indicate the anticipated period of suspension, if known. Any reimbursement for expenses incurred due to the suspension shall be limited to Contractor’s reasonable expenses, and shall be subject to verification. Contractor shall resume performance of Services under this Contract without delay when the suspension period ends. The time for completion shall be extended by the same number of days the work is suspended. In the event the suspension period exceeds 120 days the term of this Contract may be renegotiated at the request of either party. Both parties are granted the option to terminate the suspension portion of the Services if renegotiations are not successful.

C. Notwithstanding anything in this Contract to the contrary, if the funding authorities of Department (Federal, State, and local agencies) fail to appropriate funds to enable Department to continue payment as specified within this Contract, Department may suspend or terminate this Contract without penalty or termination charges provided Contractor receives at least fourteen (14) days prior written notice of lack of appropriate funds as the reason for the suspension or termination.

IX. JURISDICTION

This Contract shall be administered and interpreted under the laws of the State of Washington. Jurisdiction of litigation arising from this Contract shall be in the State of Washington. Venue for all actions arising pursuant to this Contract shall lie within Pierce County, Washington.

X. ATTORNEY FEES

In the event of litigation arising out of this Contract, each party shall be responsible for payment of their own attorney's fees and costs except as otherwise provided herein.

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XI. INTERPRETATION

Any provision of this Contract that is prohibited or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions thereof. Captions are intended for convenience or reference only, and shall not be construed to define, limit or describe the scope or intent of any provisions hereof.

XII. INDEPENDENT CONTRACTOR

A. All Services shall be furnished by Contractor as an independent contractor and nothing herein contained shall be construed to create a relationship of employer-employee or master-servant.

B. Contractor’s entire compensation for this Contract is specified in Addendum B. Contractor is not entitled to any Department benefits including, but not limited to, overtime pay, worker's compensation, vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to Department employees.

XIII. PERFORMANCE

Contractor shall perform all Services in accordance with all applicable industry and professional standards. Contractor agrees that it will use only qualified, competent personnel, and that it will not make substitutions for person(s) whose performance Department has specifically desired.

XIV. TIME

Time is of the essence to this Contract. Contractor warrants that all Services can be completed within the time specified herein.

XV. NOTICE AND MODIFICATION OF CONTRACT

A. All notices required under this Contract shall be directed to the applicable Representative in writing and personally delivered or sent by overnight courier or certified mail, return receipt requested. Notices shall be effective upon the earlier of receipt by the party or three (3) days after mailing if sent by overnight courier or certified mail, return receipt requested.

B. No amendments or modifications to this Contract are valid or binding until reduced to writing and signed by the Representatives of both parties, except in the event of an increase to the dollar amount of the original Contract, which may be approved solely by Department.

XVI. SUBCONTRACTS

A. Contractor shall obtain written approval from Department prior to subcontracting for any portion of the Services. If Department has reasonable objection to a proposed subcontractor, Contractor shall propose an alternate subcontractor. By appropriate written agreement, Contractor shall require each subcontractor, to the extent of the Services to be performed by the subcontractor, to be bound to the Contractor by the terms of the Contract, and to assume toward Contractor all the obligations and responsibilities which Contractor assumes toward Department. Contractor shall in all instances remain fully responsible for Contract performance.

B. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

C. Contractor shall obtain a written agreement between Contractor and all subcontractors that meet all the requirements of a Business Associate Agreement as defined by HIPAA. Contractor is responsible for ensuring there is a proper Business Associate Agreement in place with all subcontractors if any 6 Puget Sound ESD #121

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portion of the Services requires access to or use of protected health information.

D. Contractor shall solicit and utilize Minority & Women’s Business Enterprises as subcontractors to the extent required by Department.

XVII. ASSIGNMENT

Contractor may not assign its interest in this Contract without Department’s prior consent.

XVIII. COMPLIANCE WITH LAWS AND REGULATIONS

A. Contractor, its agents, employees, independent contractors, and others over whom Contractor has supervision or control shall perform the Services in accordance with, and shall adhere to and/or comply with all applicable laws, ordinances, requirements, directions, rules, statutes, regulations, and lawful orders of any governmental authority or agency, and shall also adhere to and/or comply with all applicable Department regulations, policies, and procedures. When necessary as determined by the Department, Contractor shall attend Department meetings.

B. Contractor represents and warrants that neither it nor any of its principals has been debarred, suspended or determined ineligible to participate in federal assistance awards or contracts as defined in regulations implementing Office of Management and Budget Guidelines on Government wide Debarment and Suspension (Nonprocurement) in Executive Order 12549. Contractor further agrees that it will notify Department immediately if it or any of its principals is placed on the list of parties excluded from federal procurement or nonprocurement programs available at www.sam.gov.

C. Contractor shall pay all taxes for the Services provided by Contractor.

D. As the understanding of COVID-19 continues to evolve, so too have the health and safety requirements developed by state and federal authorities, including the Centers for Disease Control, the Occupational Safety and Health Administration, the Washington State Governor’s Office, and the Washington State Department of Health. Contractor shall meet the COVID-19 worksite-specific safety practices identified by state and federal authorities. All costs relating to meeting these requirements shall be borne by the Contractor.

XIX. NONDISCRIMINATION

Each party covenants that in providing the Services and otherwise performing under this Contract, no person shall be excluded from participation therein, denied the benefits thereof, or otherwise be subjected to discrimination with respect thereto on the grounds of race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.

XX. DISPUTES

In the event of a dispute in the interpretation or application of this Contract, both parties are to proceed with good faith negotiation to resolve said dispute. However, in the event such dispute cannot be resolved within thirty (30) days of either party requesting negotiation, the dispute may be appealed to the Director of Health for resolution. Any action arising out of or relating to this Contract shall be construed in accordance with the laws of the State of Washington without giving effect to its choice of law rules. The venue of any such dispute shall be in Pierce County Superior Court.

XXI. RISK OF LOSS

Any risk of loss to materials, supplies, and equipment covered by or used under the performance of this Contract remains with the CONTRACTOR unless special provision is made otherwise. Furthermore, the

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CONTRACTOR bears the risk of loss as to Title and delivery which the DEPARTMENT is to acquire prior to the end of the Contract, until such Title has passed and delivery has been made.

XXII. AUDITS

A. Department may inspect, review, or audit, with reasonable notice and during ordinary business hours, the Records, including, without limitation, financial records, and Contractor’s facilities. Contractor shall maintain detailed, itemized records of all income received and expenses incurred pursuant to this Contract, and shall maintain such other financial management system and records and administer funds received pursuant to this Contract in accordance with all applicable state and federal requirements.

B. Contractors receiving $750,000 or more in federal funds from any source, or $750,000 or more of state funds from the Department in any one fiscal year, must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (the “Uniform Guidance”), 2 Code of Federal Regulations (CFR) Part 200, including the preparation of an audit by an independent C.P.A. in accordance with the Single Audit Act Amendments of 1996, 31 U.S.C. §§ 75, and with generally accepted accounting principles.

1) Contractor’s independent auditor shall provide Department with assurance that this Contract has been administered in accordance with the Contract provisions and the Uniform Guidance, where applicable, if Contractor is deemed a sub-recipient by Department and receives $750,000 or more in federal funds from any source in any one fiscal year.

2) All audits of sub-recipients shall be performed in accordance with generally accepted auditing standards, and the standards for financial-related audits contained in the Government Auditing Standards - Standards for Audit of Governmental Organizations, Programs, Activities and Functions issued by the U.S. General Accounting Office; and the Uniform Guidance, where applicable, and the audit requirements outlined in the Washington State Budget Accounting and Reporting System. In addition, the audit shall adhere to the general and specific compliance requirements pertaining to the specific federal funding source; these requirements are found in the Uniform Guidance. For those federal funds not listed in the Uniform Guidance, federal compliance shall meet the terms of the specific grant award and/or current CFR.

3) Contractor is required to submit to Department the independent audit engagement letter once agreement has been reached, and the independent auditors final report is to be submitted within thirty (30) days following the issue of the report.

4) Working papers provided to the independent auditor shall be made available to Department or their designee.

5) Contractor shall inform Department of the date and time of the independent auditor's exit interview with Contractor, and a representative of Department shall be present at the exit interview if Department so desires.

6) In the event that Contractor’s independent auditor does not provide the assurances necessary to satisfy federal and state audit requirements, Department retains the right to request a full audit and Contractor will be responsible for any additional costs incurred in order to provide the required assurances.

XXIII. CONTRACT EXECUTION

A. Department and Contractor both represent and warrant that they have the power, authority and legal right to enter into this Contract by and through the undersigned Representatives, they have taken all action necessary to authorize the execution, delivery and performance of this Contract and all other documents and instruments otherwise required or contemplated hereunder and thereunder, any and

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all of which do not and shall not contravene the provisions of any governing document or agreement or instrument to which Department or Contractor is bound, and shall not cause or result in any violation, breach or default of, or accelerate any payment under, any such agreement or instrument. When executed and delivered, this Contract will constitute the legal, valid and binding obligations of Department and Contractor enforceable in accordance with its terms (except as enforcement of such terms may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally, none of which is now applicable or contemplated by Department or Contractor).

B. This Contract and any amendments may be executed and transmitted electronically and/or digitally in several counterparts, each of which when so executed or otherwise authenticated and delivered shall be an original. Signed copies of this Contract shall be deemed original.

XXIV. CONTRACT REPRESENTATIVES / LIAISONS

The below-identified Representatives of Contractor and Department certify that they are authorized to sign and bind each the respective entities. Absent written notification advising otherwise, the written consent of the same Representatives shall be required to effectuate any amendment or modification of this Contract.

Contractor and Department both agree to identify a Liaison intended to serve as a primary contact during the administration of this Contract relative to the operational details, scheduling, and any other matter that does not constitute a modification or amendment of the Contract.

Representatives of the parties shall be as follows:

On behalf of Contractor: On behalf of Department:

John Welch Christopher Schuler, Business Manager Puget Sound ESD #121 3629 South D Street, MS1004 800 Oakesdale Ave SW Tacoma, WA 98418-6813 Renton, WA 98057 Phone: (253) 798-4789 Phone: (425) 917-7817 Fax: (253) 798-6019

The Liaison for Contractor shall be: The Liaison for Department shall be:

Jill Patnode Len Adams Email: [email protected] Phone: (253) 798-3564

Date of Signature Date of Signature

Authorized Contractor Signature Authorized Department Signature

John Welch Christopher Schuler Printed Name of Authorized Signature Printed Name of Department Signature

Date of Signature

$110,400 Authorized Department Signature Dollar Amount for this Contract (for Contracts Over $25,000) Christopher Schuler, Business Manager Printed Name of Department Signature 9 Puget Sound ESD #121

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This Addendum applies to Contract #2021-00000025 between Department and Contractor. During the specified Contract term, Contractor shall provide the Services described below:

Contractor will complete the following:

x Retain the name “Positive Steps Program” as the generally used name of the program and to retain the program as a separate entity within the structure of the CONTRACTOR’S organizational structure.

x Implement the following elements of the Positive Steps Program:

o Receive referrals of truant students from the Pierce County Juvenile Court and community truancy boards. When openings exist in service capacity, also accept referrals from Positive Steps Teams, school district staff, self-referrals and parents.

o To the extent possible, attend Becca Court on Tuesdays to meet referred families, provide them with assessment materials and to schedule first home visit appointments.

o Conduct home visiting to conduct a child and family needs assessment interview using motivational interviewing methods, and secure from the student and family completed WARNS.

o Using the results of the child and family needs assessment and the risk scores from the assessment tools, work with the family to develop a Family Action Plan, using the Family Action Plan form provided by the DEPARTMENT designed to reduce the risk factors, improve school attendance and family functioning, and to assist the child in successfully following any requirements of Court Orders.

o Assist the student and family to implement the Family Action Plan by supporting re- enrollment in school, accessing needed community-based, government-provided and treatment services identified in the plan, referring to Parent Partners or other parent support programs for interested parents or caregivers, being present in court when subsequent hearings on the family’s case are scheduled, participating in and advocating for the student at school meetings, supporting the youth through personal encouragement and engagement, providing low cost resources when needed and accessing community resources on behalf of the family.

o Coordinate interventions with other services providers and the child’s school to ensure the best possible outcome for the child and family.

o Review the Family Action Plan regularly with the family to identify progress and update it as needed.

o Gather post service data for evaluation purposes, include school status and post assessment scores.

o Use social work practices that are strength-based and family centered, provide weekly to monthly home visits and as needed, supplemented by school visits when appropriate.

o Prior to closing cases, link student and family to appropriate community supports as needed and available.

o Close cases in a timely manner (usually between three and eight months) when risk factors have been reduced, client’s behaviors have resolved, or it is determined that additional services will not be helpful in achieving success for the child and family.

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Original Contract for Services, # 2021-00000025 o Once staff is fully trained, maintain a staff/client ratio of not more than 1/25.

o Conduct monthly staffing meetings to promote mutual consultation and support for Social Workers. This practice will promote strong social work practices and creative and effective interventions for clients and their families.

x Maintain client files that document demographics, contact information, court orders, school attendance, all contacts made with or on behalf of the client and family, progress reports made to the Court or other referent, risk assessment tools and scoring materials, Family Action Plans, emails that are received, and referrals made. All client files should follow acceptable social work standards for recording. Consistency between staff in the organization of client files is preferable. All client files should be kept in a locked and secure location except when in use with the family or in route to meetings where they are needed.

x Submit progress reports for each case to the Court (or other referent) when court reviews are scheduled or at least quarterly if reviews do not occur within that time period.

x Create and maintain a computer database that will store client data, including demographics as identified by the DEPARTMENT. Demographics to be collected for all Positive Steps cases residing in Pierce County including non- Tacoma residents.

x Utilize program data to identify opportunities for improvement and employ quality improvement methods and tools for continuous improvement.

x Finalize and submit discharge reports promptly as cases close. Provide a copy of each discharge report to the referent for each client.

x As budget allows, provide fidelity-compliant Functional Family Therapy to client families who would benefit from the service and are willing to receive it.

x Participate in monthly Positive Steps Team meetings in Bethel, Franklin Pierce and Tacoma school districts.

x Convene annual Positive Steps Program Advisory Committee Meetings to maintain and promote the Positive Steps collaboration across Pierce County.

x For the period January 1, 2021 through December 31, 2021, provide monthly activity reports to the DEPARTMENT, including number of clients enrolled each month, number of clients closed, client demographics and a summary of successes and program updates.

x All clients served under this funding shall reside within the Tacoma city limits.

x Targets for clients served in 2018 are as below:

Performance Measure Target Total unduplicated number of Tacoma youth served by Positive Steps 50 Total unduplicated number of Tacoma families served by Positive Steps 50 Total unduplicated number of individuals served program-wide by Positive 100 Steps (regardless of residence).

x Submit required performance reports to Pierce County Community Services (provider of Youth Violence Prevention funding).

x Submit timely invoicing to funders, including all required documentation.

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ADDENDUM B: HEALTH DEPARTMENT REIMBURSEMENT

This Addendum applies to Contract #2021-00000025 between the Department and the Contractor.

A. CONSIDERATIONS

1) Contractor shall provide to Department such financial, program, and other reports, and at those intervals and in such formats as are required by this Contract.

2) Contractor shall provide to Department any additional information, as it is pertinent under this Contract, within thirty (30) days of receiving a written request.

3) Contractor’s failure to submit required reports in a timely manner, as set forth in this Contract, shall result in Department withholding payment of funds relative to the delinquent report(s).

4) Department shall make no payment in advance or in anticipation of services to be provided under this Contract.

5) The source of funding for this Contract is: Private & Local Grants

If Federal dollars, CFDA # is: ______

B. MAXIMUM REIMBURSEMENT

During the Contract Term, Department agrees to reimburse Contractor for program services identified in Addendum A. Maximum consideration shall not exceed $110,400.

C. METHOD OF PAYMENT

Said monies to be reimbursed as follows:

1) Contractor shall submit invoices, specifying services rendered, for reimbursement to Department, at the address stated below, within thirty (30) days of the services rendered, EXCEPT for December services which will be due on January 15th of the following year. Each invoice shall include Contractor’s name, address, telephone number, and the Contract number. The total invoice amount shall not exceed the total Contract amount.

Tacoma-Pierce County Health Department Accounts Payable, MS 1004 3629 South D. Street Tacoma, WA 98418-6813

Or email to [email protected]

2) All work will be accomplished according to information as stated in Addendum A.

3) Department may withhold payment for any defective work or for any claim or lien filed against Contractor relating to performance under this Contract.

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4) Reimbursement will be based upon invoices detailing the hours worked, expenses incurred, and the services performed.

5) Department will remit payment to the address stated below.

Puget Sound ESD #121 800 Oakesdale Ave SW Renton, WA 98057

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ADDENDUM C: BUSINESS ASSOCIATE AGREEMENT

This Business Associate Agreement (“Agreement”) is made and entered into effective as of January 1, 2021, by and between the Tacoma-Pierce County Health Department (“Department” or “Covered Entity”) and Puget Sound ESD #121 (“Contractor” or “Business Associate”).

WHEREAS, Department and Contractor have entered into a Contract for Services (the “Contract”) of which this Agreement is an Addendum; and

WHEREAS, Department and Contractor have determined that Contractor will or may create or receive Protected Health Information (“PHI”) from or on behalf of Department, which information is subject to protection under HIPAA, HITECH, and related regulations, as amended from time to time.

WHEREAS, in light of the foregoing and the requirements of HIPAA, HITECH, and related regulations and in consideration of the mutual promises below, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows:

1. DEFINITIONS

Terms used in this Agreement that are specifically defined in the HIPAA shall have the same meaning as set forth in HIPAA. A change to HIPAA which modifies any defined HIPAA term, or which alters the regulatory citation for the definition shall be deemed incorporated into this Agreement.

(a) “Business Associate” means the above-stated “Business Associate.” It shall also have the meaning given to such a term under the Privacy Rule and HITECH Act, including but not limited to 45 CFR §160.103.

(b) “Covered Entity” means the Tacoma-Pierce County Health Department. It shall also have the meaning given to the term under the Privacy Rule, including but not limited to 45 CFR § 160.103.

(c) “Data Aggregation” shall have the meaning given to the term under the Privacy Rule, including but not limited to 45 CFR §164.501.

(d) “Designated Record Set” shall have the meaning given to the term under the Privacy Rule, including but not limited to 45 CFR §164.501.

(e) “Electronic Protected Health Information” or “EPHI” shall have the same meaning as the term “electronic protected health information” in 45 CFR §160.103, and is EPHI that is created, received, maintained or transmitted by or on behalf of Covered Entity or its affiliates or by Business Associate.

(f) “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, Public Law 104-91, as amended, and related HIPAA regulations (45 CFR Parts 160-164).

(g) “HITECH” means the Health Information Technology for Economic and Clinical Health Act, found in Title XIII of the American Recovery and Reinvestment Act of 2009, Public Law 111- 5.

(h) “Individual” shall have the same meaning as the term “individual” in 45 CFR §160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR § 164.502(g).

(i) “Privacy Rule” means the HIPAA Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and Part 164, Subparts A and E.

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(j) “Protected Health Information” or “PHI” shall have the same meaning as the term “protected health information” in 45 CFR §160.103, and is PHI that is created, received, maintained or transmitted by or on behalf of Covered Entity or its affiliates or by Business Associate. All references to PHI shall also include EPHI, unless otherwise stated in this Agreement.

(k) “Required By Law” shall have the same meaning as the term “required by law” in 45 CFR § 164.103.

(l) “Secretary” means the Secretary of the Department of Health and Human Services or his designee.

(m) “Security Incident” shall have the same meaning as the term “security incident” in 45 CFR §164.304.

(n) “Security Rule” means the HIPAA Security Standards for the Protection of Electronic Protected Health Information at 45 CFR Part 164, Subparts A and C.

(o) “Unsecured PHI” shall have the same definition that the Secretary gives the term in guidance issued pursuant to §13402(h) of HITECH.

2. OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE

Business Associate agrees to:

(a) Not use or disclose PHI other than as permitted or required by this Agreement, or as required by law.

(b) Use appropriate safeguards to prevent use or disclosure of the PHI other than as provided for by this Agreement. In particular, Business Associate agrees to comply with the Privacy Rule and the Security Rule with respect to all data considered PHI or EPHI

(c) Report to Covered Entity any use or disclosure of PHI or EPHI not permitted by this Agreement of which it knows or should reasonably have known, and any Security Incident of which it becomes aware. Business Associate will make the report to the Covered Entity’s Privacy Official and Security Officer or to the Covered Entity’s legal counsel as soon as reasonably practicable. This report will include at least the following information: (a) the nature of the non-permitted or violating use or disclosure or Security Incident; and (b) the PHI and EPHI used or disclosed, including but not limited to the identity of each individual whose PHI or EPHI has been or is reasonably believed to have been accessed, acquired, or disclosed during such breach or attempted breach.

(d) Develop, implement, maintain, and use appropriate safeguards to prevent any use or disclosure of the PHI or EPHI other than as provided by this Agreement, and implement administrative, physical and technical safeguards as required by 45 CFR §§164.308, 164.310, 164.312, and 164.316 to protect the confidentiality, integrity and availability of the EPHI or PHI that Business Associate creates, receives, maintains or transmits, in the same manner that such sections apply to the Covered Entity. See HITECH §13401.

(e) Comply with additional requirements of Title XIII of HITECH that relate to privacy and security and that are made applicable with respect to covered entities. See HITECH §13401(a).

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(f) Adopt the technology and methodology standards required in any guidance issued by the Secretary pursuant to HITECH §13402(h)(2).

(g) Mitigate any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this Agreement and notify Covered Entity of any breach of Unsecured PHI, as required under HITECH §13402.

(h) In the case of breach of Unsecured PHI, following the discovery of a breach of such information, notify Covered Entity of such breach. The notice shall include the identification of each individual whose Unsecured PHI has been, or is reasonably believed by the Business Associate to have been accessed, acquired or disclosed during the breach. See HITECH §13402(f).

(i) Enter into an agreement with each of its subcontractors, pursuant to 45 CFR §164.308(b)(1) and HITECH §13401, that is appropriate and sufficient to require each such subcontractor to protect PHI to the same extent required by Business Associate hereunder.

(j) Along with its agents or subcontractors, if any, only request, use and disclose the minimum amount of PHI necessary to accomplish the purpose of the request, use or disclosure. Business Associate agrees to comply with Secretary’s guidance on what constitutes “minimum necessary”. See HITECH §13405(b).

(k) Take reasonable steps to cure the breach or end the violation if Business Associate knows of a pattern of activity or practice by Covered Entity that constitutes a material breach or violation of Covered Entity’s obligations under this Agreement. If such steps are unsuccessful within a period of 30 days, Business Associate will either 1) terminate the Agreement, if feasible; or 2) report a problem to the Secretary. See HITECH §13404(b).

(l) Ensure that any agent, including a subcontractor, to whom it provides PHI or EPHI agrees in writing to the same restrictions and conditions that apply to Business Associate in this Agreement related to such information.

(m) Provide, at the request of Covered Entity, within 30 days of receipt of request, access to PHI in a Designated Record Set, to Covered Entity; or, in order to meet the requirements under 45 CFR §164.524 and as directed by Covered Entity, to an Individual if Business Associate maintains PHI in a Designated Record Set.

(n) Make any amendment(s) to PHI in a Designated Record Set that the Covered Entity directs or agrees to at the request of an Individual, pursuant to 45 CFR §164.526, within 30 days of receipt of the direction or agreement from the Covered Entity, if Business Associate maintains PHI in a Designated Record Set.

(o) Make its internal practices, books and records, including policies and procedures, relating to the use and disclosure of PHI received from, or created by Business Associate on behalf of Covered Entity available to the Covered Entity, or to the Secretary, within 30 days of receipt of a request from the Covered Entity for such disclosure, or person designated by the Secretary, for purposes of the Secretary determining Covered Entity’s compliance with the Privacy Rule and Security Rule.

(p) Document such disclosures of PHI and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR §164.528.

(q) Provide to Covered Entity or an Individual, within 30 days of a request, an accounting of disclosures, information collected in accordance with subsection (2)(p) of this Agreement, to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR 164.528. Except in the case of a direct request from an

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Original Contract for Services, # 2021-00000025 Individual for an accounting related to treatment, payment or operations disclosures through an electronic health record, if the request for an accounting is delivered directly to Business associate or its agents or subcontractors, if any, Business Associate shall within ten (10) business days of a request notify Covered Entity about any such request. Covered Entity shall either request that Business Associate provide such information directly to the Individual, or it shall request that the information be immediately forwarded to Covered Entity for compilation and distribution to such Individual. In the case of a direct request for an accounting from an Individual related to treatment, payment or operations disclosures through electronic health records, Business Associate shall provide such accounting to the Individual in accordance with HITECH §13405(c). Business associate shall not disclose any PHI unless such disclosure is Required by Law or is in accordance with this Agreement. Business Associate shall document such disclosures. Notwithstanding anything in the Agreement to the contrary, Business Associate and any agents or subcontractors shall continue to maintain the information required for purposes of complying with this Section 2(q) for a period of six (6) years after termination of the Agreement.

3. PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE

(a) Except as otherwise limited in this Agreement, Business Associate may use or disclose PHI to perform, functions, activities, or services for, or on behalf of, Covered Entity as long as such use or disclosure of PHI would not violate the Privacy or Security Rules if done by Covered Entity.

(b) Except as otherwise limited in this Agreement, Business Associate may disclose PHI for the proper management and administration of the Business Associate provided that the disclosures are required by law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.

(c) Except as otherwise limited in this Agreement, Business Associate may use PHI to provide Data Aggregation services to Covered Entity as permitted by 42 CFR §164.504(e)(2)(i)(B).

(d) Business Associate may use PHI to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR §164.502(j).

(e) Business Associate may use and disclose a Limited Data Set that Business Associate creates for research, public health activity, or Health Care Operations to the extent such activities are related to covered functions. Business Associate may not make such use and disclosure of the Limited Data Set after any cancellation, termination, expiration, or other conclusion of this Agreement.

4. OBLIGATIONS OF COVERED ENTITY TO INFORM BUSINESS ASSOCIATE OF PRIVACY PRACTICES AND RESTRICTIONS.

(a) Covered Entity shall notify Business Associate of any limitation(s) in its notice of privacy practices of Covered Entity in accordance with 45 CFR §164.520, to the extent that such limitation may affect Business Associate’s use or disclosure of PHI.

(b) Covered Entity shall notify Business Associate of any changes in, or revocation of, permission by Individual to use or disclose PHI, to the extent that such changes may affect Business associate’s use or disclosure of PHI.

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(c) Covered Entity shall notify Business Associate of any restriction on the use of or disclosure of PHI that Covered Entity has agreed to or must comply with in accordance with 45 CFR §164.522 and/or HITECH §13405(a), to the extent that such restriction may affect Business Associate’s use or disclosure of PHI.

(d) Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under the Privacy Rule or Security Rule if done by Covered Entity.

5. TERMS AND TERMINATION

(a) Term. The Term of this Agreement shall begin as of the date of the Contract start date and shall terminate upon the later of i) when the Contract term ends or ii) when all of the PHI and EPHI provided by Covered Entity to Business Associate or created or received by Business Associate on behalf of Covered Entity, is destroyed or returned to Covered Entity, or, it if is unfeasible to return or destroy PHI and EPHI, protections are extended to such information, in accordance with the termination provisions in this Section.

(b) Termination for Cause. Upon Covered Entity’s knowledge of a material breach by Business Associate, Covered Entity shall:

(1) Provide an opportunity for Business Associate to cure the breach or end the violation and terminate this Contract if Business Associate does not cure the breach or end the violation within 30 days;

(2) Immediately terminate this Contract if Business associate has breached a material term of this Agreement and cure is not possible; or

(3) If neither termination nor cure is feasible, Covered Entity shall report the violation to the Secretary.

(1) Except as provided in paragraph (2) of this Section 5(c), upon termination of Contract, for any reason, Business Associate shall return or destroy all PHI and EPHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This provision shall apply to PHI and EPHI that is in the possession of subcontractors or agents of Business Associate.

(2) In the event that Business Associate determines that returning or destroying the PHI and EPHI is infeasible, Business Associate shall provide to Covered Entity notification of the conditions that make return or destruction infeasible. Upon the determination by Business Associate that return or destruction of PHI or EPHI is infeasible, Business Associate shall extend the protections of this Agreement to such PHI or EPHI and limit further uses and disclosures of such PHI or EPHI to those purposes that make the return or destruction infeasible, for so long as Business Associate, or its subcontractors or agents, maintains such PHI or EPHI.

(3) Termination of the Contract shall constitute termination of this Agreement.

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6. MISCELLANEOUS

(a) Regulatory References. A reference in this Agreement to a section in the HIPAA Privacy Rule or Security Rule means the section as in effect or as amended.

(b) Agreement. The Parties agree to take such action as is necessary to amend this Agreement from time-to-time as is necessary for Covered Entity to comply with the requirements of the HIPAA Privacy Rule, Security Rule, and related provisions

(c) Conflict. This Agreement and the underlying Contract are the only agreements between the parties related to the subject matter in this Agreement. To the extent there is any inconsistency between the terms and conditions of this Agreement and the Contract, the terms and conditions of this Agreement shall govern.

(d) Binding Effect. This Agreement is binding upon the successors and assigns of the parties herein. This Agreement is intended to confer rights and responsibilities only on the Covered Entity and Business Associate, and Business Associate’s subcontractors and agents, and does not create or vest rights or remedies in any other third party.

(e) Enforceability. If any provision hereof shall be declared to be invalid or unenforceable, such declaration or invalidity or unenforceability shall not affect any remaining provisions hereof whish shall be given effect.

(f) Survival. Business Associate’s obligation to protect the confidentiality of the Protected Health Information, including the requirements in section 6(d) shall survive the termination of this Agreement and shall continue for as long as Business Associate maintains Protected Health Information.

(g) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Washington, except to the extent Washington law has been pre- empted by HIPAA and HITECH and without give effect to the principles of conflicts of law.

(h) Interpretation. Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits Covered Entity and Business Associate to comply with the Privacy and Security Rules.

COVERED ENTITY BUSINESS ASSOCIATE Tacoma-Pierce County Health Department Puget Sound ESD #121

By:______

Name: Brian Moore Printed Name:______

Title: Privacy Officer Title:______

Office Phone : (253) 798-6021

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COVID-19 Update (Revised Jan. 19)

Anthony Chen Nigel Turner Kayla Scrivner Board of Health Study Session Jan. 20, 2021 Agenda

COVID-19 disease response. • Disease trends. • Vaccine update. Disease Trends in Pierce County

• See our dashboard for testing information and other data we’re tracking: tpchd.org/covid19cases.

As of Jan. 15, 2020 Healthy Washington-Roadmap to Recovery—Regional Data as of Jan. 15

• Declining rate of new cases compared to baseline. • Current: declining -13%

• Declining trend in hospitalizations for COVID-19. • Trend: stable., -3%

• Staffed ICU capacity. • Meeting target 85% occupancy

• Low rate of positive tests. Target: < 10%. • Current: 7% Who Can Get the Vaccine? Phase 1A

• Phase 1A Tier 1: • High risk workers in healthcare settings. • High risk first responders. • Long-term care residents and staff.

• Phase 1A Tier 2: • All workers in healthcare settings. Who Can Get the Vaccine? Phase 1B-1

• Phase 1B Tier 1: • People 70 years or older. • People 50 years and older who live in multi-generational homes (2 or more generations). Coming Soon: Phase 1B

Tier 2 • High-risk critical workers over age 50.

• People 16 years and older with multiple Tier 3 underlying health conditions.

• High-risk critical workers, under age 50. Tier 4 • Anyone living or receiving services in a congregate setting. So Far...

• 48,675* doses allocated to Pierce County through Jan. 9. • 20,700 vaccines administered in our county through Jan. 9 (delayed reporting system). *includes doses reserved for long term care facilities. So Far...

• More than 5,000 people received their first dose of the vaccine Jan. 3-9. • After decreasing in early January, the average number of new vaccine recipients in Pierce County rebounded. • Now about 1,000 doses per day. What’s Ahead

• Supply increase. • More enrolled providers. • Healthcare systems and pharmacies continue. • Federal Pharmacy Partnership and drop teams continue. • Community vaccination clinics with partners: • High throughput. • Targeted locations for equitable access.

Questions? Permit Fees During COVID-19 Our customer service approach

Board of Health Regular Meeting Donald Foreman, Project Manager Jan. 20, 2021 Agenda

Quick update on some of our work. • Challenges. • Changes to our work. • What we’re doing to help. – Improved processes. – Extensions. Challenges

• Rapid change. • Financial impacts. ‒ Vary by type of business. Changes to our work

• Our work continues in new ways. – Modified processes. – Limited contact. – Infection control. – Virtual inspections. • Adapt and be responsive. How can we help?

• Compassion. • Fiscally responsible. • Targeted. ‒ Assist those in need. • Fair. ‒ Avoid changes that give unfair advantage. Food

• Expedited review. • All facilities have an extra 30 days to pay. • Extra 90 days available with extension. (120 total) • Closed facilities: – Don’t have to pay until they re-open. – No late fees. Onsite Septic and Water

• Process improvements. • Septic application and installation permits. – Extended indefinitely. • Operation & Maintenance (O&M) inspections can extend 1 year. – Includes TappsWise program. • Continuing education requirement for certified professionals. – Can extend 6 months. • Well installation application. – Extended indefinitely. Waste

Process improvements.

All waste permits have a 30-day extension. Questions? Board of Health 2020 Year in Review Jan. 20, 2021

2020 Tacoma‐Pierce County Board of Health Agenda Topics

January Presentations  Access to Lifestyle Change Programs Improve Health ‐ Community Health Workers in Pierce County.  Our Financial Health: Building a bridge between strategy and budget.  Better Together: Partnership with MetroParks. Resolutions  Approval to establish a rent allocation activity fund within the Internal Service Fund.  Approval of an internal loan from the General Fund to the Internal Service Fund.  Approval of an agreement with Cities Insurance Association of Washington (CIAW).  Approval to enter into an agreement with Sound Security, Inc. dba Sonitrol Pacific.

February Presentations  2020 Pierce County Community Health Improvement Plan: A Road Map for Action.  Chapter 5 Methamphetamine Contaminated Properties: Code update.  Healthy, Resilient Children and Youth: An investment in our future.  2021‐2025 Strategic Plan, Board of Health input.

March Presentations  Emergency Meeting: COVID‐19 Update.  Health Equity Assessment.  Public Health’s Response to Emergent Issues.  Participatory Planning and Budgeting ‐ Tacoma Creates. Resolutions  Amend Environmental Health Code, Chapter 5 Contaminated Properties.  Approval to enter into an Interlocal Agreement with Metro Parks Tacoma.  Approval to contract with Pierce Conservation District.

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Board of Health 2020 Year in Review Jan. 20, 2021

April Presentations  Open Public Meetings and Board of Health Agendas.  Pierce Transit for vehicle use in support of the COVID‐19 response. Resolutions  Approval of the interlocal agreements with West Pierce Fire & Rescue (WPFR).  Approval to contract with Express Services, Inc., Staff Today, Inc.  Approval for the Director of Health to execute any contract that expends up to $500,000 per year, for goods and services directly related to a declared emergency.  Approval to enter into a 5‐year contract with Tri‐Tec Communications, Inc.  Approval to contract with Metropolitan Development Council to provide a temporary expansion shelter as part of the COVID‐19 2020 response.

May Presentations  COVID‐19: Public Health’s Continued Response.  Do it Right! Serve it Safe! Online Food Safety Training.  Fleet Purchase and Lease.  Potentially Preventable Hospitalizations. Resolution  Approval of the Tacoma‐Pierce County Board of Health, Pierce County, Washington, requesting a variance authorizing Pierce County to implement all Phase 2 modifications. Special Session  Safe Start Phase 2 Application.

June Presentation  COVID‐19 Update.  Affordable Housing and Water Regulations.  Racism and Resilience Action Response Team. Resolutions  A resolution of the Tacoma‐Pierce County Board of Health, Pierce County, Washington, encouraging the residents of Pierce County to use face coverings or masks when they are in public spaces.  A resolution of the Tacoma‐Pierce County Board of Health, Pierce County, Washington, declaring racism a public health crisis and directing the Health Department to take specific actions.

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Board of Health 2020 Year in Review Jan. 20, 2021

July Presentation  COVID‐19 Update.  Help Me Grow Annual Update.  Food Safety Rating Update.  Racism and Resilience Action Response Team Update. Resolutions  Approval to amend contract with McGavick Graves, P.S.  Approval to contract with CHI Franciscan Medical Group.  Approval to contract with 16D LLC.  Approval to renew software maintenance agreement with Tyler Technologies.

August Presentations  COVID‐19 2020 Response Update.  Racism and Resilience Action Response Team Update.  Public Health Emergency Preparedness and Response (PHEPR) SharePoint.  School Health Report.  County Health Rankings Results. Resolutions  Approval to contract with Melinda Poso LLC.  Approval to contract with Express Services, Inc., and BizTek People, Inc.

September Presentations  COVID‐19 Update.  Provider Resources WA Project Update.  School Reopening Update.  Behavioral and Emotional Health. Resolutions  Approval to enter into a 3‐year agreement with SHI International Corp. for the Department’s purchase of Microsoft Office 365 and other software products.  Approval to expend up to $260,000 with Verizon Wireless for cell phones and usage.  Approval to enter into contractual agreement with Chelsea Crabtree, DO, to provide direct patient, Methadone treatment services

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Board of Health 2020 Year in Review Jan. 20, 2021

October Presentations  Honoring Departing Deputy Director, Nancy Sutton.  COVID‐19 Update.  A Day in the Life of a COVID‐19 Case.  COVID‐19 Vaccine Planning and Preparation.  Collective Bargaining Agreement. Resolutions  Approval to enter into agreement with Medstat Supplies.  Approval of the Tacoma‐Pierce County Board of Health amending Rule 5 of the Board of Health Rules to increase opportunities for public comment when the Board of Health holds virtual regular business meetings.

November Presentations  COVID‐19 Update.  Permitting, Inspection and Enforcement Enterprise System.  2020 Budget Amendment Report.  Equity Action Network/Communities of Focus: Community Voices.  Facilities Improvements Update. Resolutions  Approval of Adoption of the 2021‐2022 Collective Bargaining Agreement, the 2021‐2022 Salary Schedule, and 2021‐2022 Job Classification Listing.

December Presentations  Recognize departing board members.  COVID‐19 Update.  Racism and Resilience Action Response Team Update.  Strategic Planning 2021‐2023.  Equitable Vaccine Distribution. Resolutions  Approval to contract with Express Services, Inc., and BizTek People, Inc. to address additional staffing needs and to help prevent and control the spread of the novel coronavirus COVID‐19 in Pierce County.  Approval to increase the aggregate 2020‐2021 biennial budget.  Approval to contract with Triple P America to provide Positive Parenting training and resources to low‐ income families in Pierce County.

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