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23-164.00 MultiCare Valley Hospital MOUMEMORANDUM OF UNDERSTANDING BETWEEN City of Spokane Valley AND MultiCare Health System THIS AGREEMENT is made by and between City of Spokane Valley, an agency of the State of Washington, located at 10210 E Sprague Ave, Spokane Valley, WA 99206, and MultiCare Health System, d/b/a MultiCare Valley Hospital ("Hospital"), a non-profit corporation organized and existing under the laws of the State of Washington. RECITALS: WHEREAS, Hospital provides a disproportionate share of healthcare services to low- income patients with special needs and participates in programs that benefit the indigent, uninsured or underinsured population in the State of Washington; WHEREAS, Hospital has accepted a Certificate of Need from the State of Washington, pursuant to which Certificate the Hospital has committed to serving low-income patients with special needs, all in accordance with the provisions of the Hospital's Certificate of Need and in accordance with its license issued by the Department of Health; WHEREAS, Hospital desires to participate in the drug discount program established under Section 340B of the Public Health Services Act ( the "34013 Program"); WHEREAS, in order to participate in the 340B P ro g r a in, Hospital must have in place an agreement with a unit of state or local government pursuant to which Hospital commits to provide healthcare services to low-income individuals who are neither entitled to benefits under Medicare (Title XVIII of the Social Security Act (SSA)) nor eligible for assistance under Medicaid (Title XIX of the SSA); WHEREAS, Hospital desires to make such a formal commitment to the City of Spokane Valley; and WHEREAS, City of Spokane Valley desires to clarify and confirm its relationships with the Hospital, and agrees to accept such commitment on behalf of the citizens of the City of Spokane Valley. NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein and for other good a valuable consideration, the receipt and sufficiency of which hereby are acknowledged, it is mutually agreed and covenanted, under seal, by and between the parties to this Agreement, as follows: 1. Commitment of Hospital to Provide Care to the Indigent, Uninsured, and Underinsured. During the term of this Agreement, Hospital agrees to continue its historic commitment to the provision of healthcare to indigent, uninsured and underinsured residents of Spokane Valley including low-income residents who do not qualify for Medicaid or Medicare. Pursuant to this commitment, the Hospital's commitment to provide care will extend to indigent, uninsured and underinsured residents of the City of Spokane Valley, including low-income residents who are not entitled to benefits under Title XVIII of the Social Security Act or eligible for assistance under the State plan of Title XIX of the Social Security Act.. In any event, Hospital will assure that all patients will receive necessary care, as required by law, regardless of ability to pay. 2. Acceptance and Acknowledgements of City of Spokane Valley. a. City of Spokane Valley accepts the commitment of Hospital set forth above; and b. City of Spokane Valley shall provide to Hospital the name, title, email address, and phone number of a government official who can certify the status of this Agreement, and execute the attached Certification of Contract Form. The Health Resources and Services Administration's Office of Pharmacy Affairs (OPA) will send to the government official an email asking the government official to certify the status of this Agreement. City of Spokane Valley will ensure that the government official responds to the email from OPA by certifying the status of this Agreement within five days of receiving the email. 3. Representations of Hospital. Hospital represents that as of the date hereof: a. Hospital is a corporation duly organized and validly existing in good standing under the laws of the State of Washington with the corporate power and authority to enter into and perform its obligations under this Agreement; and b. Hospital is a tax-exempt corporation of under Section 501(c)(3) of the Internal Revenue Code of the United States, as amended and under applicable laws of State of Washington. 4. Term and Termination. The term of this Agreement shall commence on the last date signed below, and shall continue until one of the parties terminates this Agreement. This Agreement can be terminated by either party upon not less than sixty (60) days' prior written notice to the other party. Hospital agrees to notify the City of Spokane Valley promptly if it ceases to provide the healthcare services committed to under this MOU. This MOU will terminate immediately if Hospital ceases to provide the healthcare services committed to under this MOU. The City of Spokane Valley and Hospital reserve the right to immediately terminate this MOU if Hospital ceases to be eligible for the 340B Program. 5. Notice. All notices required or permitted to be given under this Agreement shall be deemed given when delivered by hand or sent by registered or certified mail, return receipt requested, addressed as follows: Sent to: City of Spokane Valley Page 2 of 5 Attention: John Hohman City Manager 10210 E Sprague Ave Spokane Valley, WA 99206 jhohman@spokanevalleywa.gov 509-720-5300 Copy to: Marci Patterson City Clerk 10210 E Sprague Ave Spokane Valley, WA 99206 mpatterson@spokanevalleywa.gov 509-720-5102 Sent to: MultiCare Health System d/b/a MultiCare Valley Hospital Attention: Hospital President 12606 E Mission Ave. Spokane Valley, WA 99216 Copy to: MultiCare Health System d/b/a MultiCare Valley Hospital PO Box 5299 MS: 315-P 1-SCM Tacoma, WA 98405 Attn: Contracts & Strategic Sourcing ContractSupport(a,multicare. org Phone: (253) 403-3322 6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 7. Entire Agreement. This Agreement constitutes the entire agreement between the parties. This Agreement replaces and supercedes all prior agreements and understandings with respect to the subject matter of this Agreement. SIGNATURE PAGE TO FOLLOW Page 3 of 5 IN WITNESS WHEREOF, Hospital and the City of Spokane Valley have executed this Agreement as of the day and year first written above by their duly authorized representatives. MultiCare Health System d/b/a MultiCare Valley Hospital : Name: Tim Lynch Title: Sr VP -Chief Administrative Officer City of Spokane Valley ame: Title: c<< r- y...�Gs Page 4 of 5 Department of Health and Human Services, Health Resources and Services Administration, Healthcare Systems Bureau OMB No. 0915-0327; Expiration Date: 10/31 /2015 This registration form must be completed and submitted according to the established deadlines that are published on the OPA website (www.hrsa.loy,/opa). OFFICE OF PHARMACY AFFAIRS (OPA) CERTIFICATION OF CONTRACT BETWEEN PRIVATE, NON-PROFIT HOSPITAL AND STATE/LOCAL GOVERNMENT TO PROVIDE HEALTH CARE SERVICES TO LOW INCOME INDIVIDUALS To demonstrate that the hospital meets the statutory definition of covered entity under section 34013(a)(4)(L)(i) as a private non-profit hospital which has a contract with a State or local government to provide health care services to low income individuals, this certification must be completed and signed by both parties. MultiCare Valley Hospital Name of Hospital Spokane Valley, WA 99216 City, State, Zip Pursuant to the requirement of Section 340B of the Public Health Service Act (42 U.S.C. 256b), I certify that a valid contract (please provide contract number or identifier if applicable # ) is currently in place between the private, non- profit hospital named above, and the State or Local Government Entity named below, to provide health care services to low income individuals who are not entitled to benefits under Title XVIII of the Social Security Act or eligible for assistance under the State plan of Title XIX of the Social Security Act. In addition, the authorizing official certifies that when this contract is no longer valid, appropriate notice will be provided to the Office of Pharmacy Affairs. The undersigned represents and confirms that he/she is fully authorized to legally bind the covered entity and certifies that the contents of any statement made or reflected in this document are truthful and accurate. _' '_ August 20, 2023 12:33 PT Signature of Hospital Authorizing Official Date Tim Lynch, Sr VP -Chief Administrative Officer Name and Title of Authorizing Official (e.g., CEO, CFO, COO) (please print or type) Phone Number Ext. E-Mail Address Si nature of State or Local Government Official Date Jah r, h,e � Mar\ a e of ate or Local Governme t Offici I (please print type) i Y)tk S 0W-ahC l% e Li Title d Unit of dovernment D2 E. S e 0 a� e Inl 66 Address 501 170- 5 300 Phone Number Ext. E-Mail Addres Page 5 of 5