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Home My WebLink AboutINTERLOCAL COOPERATION AGREEMENT BETWEEN KC AND CLE ELUMKittitas County Review Form Grants & Contract Agreement Today's Date 07/14/2017 Fund/Department 116 -Public Health rant Information Agenda Date Contract /Grant Agency: Interlocal Cooperation Agreement between Kittitas County Public Health and City of Cle Elum (Sharps Disposal Kits) Period Begin Date: Upon signature Total Grant/Contract Amount: None Grant/Contract Number: Contract/Grant Summary: Period End Date: August 19, 2022 The Interlocal Cooperation Agreement between Kittitas County Public Health and City of Cle Elum outlines the responsibilities of each party in order to provide Sharps Disposal Kits for the safe and convenient disposal of sharps to reduce the risk of sharps related injuries in the community. Recommendation for Board of Health and Board of Health Review on Department Head Signature: Administrator Date: Kittitas County Prosecutor, Auditor, and Board of Health Review and Comm, APPROVED AS TO FORM: Signature of Prosecutor's Office Date Signature of Auditor's Office Date Signature of Board of Health member Date Financial Information Total Amount $ State Funds $ Percentage County Funds Matching Funds $ Federal Funds $ CFDA# Grant/Contract Review Page 1 In -Kind $ Is Equipment being purchased? Who owns equipment? New Personnel being hired? Contact HR hiring — reporting requirements Future impacts or liability to Kittitas County: Budget Information Budget Amendment Needed? Yes ❑ attach budget form New Division Created? Revenue Code Pass Through Information _ Agency to Pass Through Amount to Pass Through $ Sub -Contract Approved Date: No ❑ Why not Prosecutor Review Has the Prosecutor reviewed this agreement? Yes ❑ No County Departments Impacted Auditor Facilities Maintenance Information Services Human Resource Prosecutor Treasurer Submitted Signature: Department: ment of Tracking Information Auditor's Office Human Resource Prosecutor's Office Who Signed the grant application Reviewer I Date Grant/Contract Review Page 2 INTERLOCAL COOPERATION AGREEMENT RENEWAL FOR THE PROVISION OF SHARPS DISPOSAL KITS BY THE KITTITAS COUNTY PUBLIC HEALTH DEPARTMENT An Interlocal Cooperation Agreement (hereinafter, the "Agreement") was made and entered into pursuant to the authority granted by Chapter 39.34 RCW, the Washington Interlocal Cooperation Act, by and between Kittitas County, through the Kittitas County Public Health Department (hereinafter, "KCPHD"), and the City of Cle Elum Washington (hereinafter, the "City"), on August 19, 2016 for a period of one (1) year, with the option to renew for successive five (5) year periods upon agreement of the Parties. The Parties do so desire to renew the terms of the Agreement, which is attached hereto and incorporated by reference, for the five (5) year period. The new expiration date for this Agreement shall be August 19, 2022. All other terms and conditions of the original Agreement remain unchanged. This Agreement is subject to renewal for additional successive five (5) year periods upon the written consent of the Parties. WITNESS WHEREOF, the Parties have executed this Renewal Agreement on the dates indicated below. Dated: Dated: Cle Elum City Council Cle Elum, Washington Jay McGowan, Mayor ATTEST: Clerk of City Council Board of County Commissioners Kittitas County, Washington Paul Jewell, Chairman Laura Osiadacz, Vice Chair Obie O'Brien, Commissioner ATTEST: Julie Kjorsvik, Clerk of the Board APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney Stephanie Hartung, Deputy Prosecuting Attorney Interlocal Cooperation Agreement Sharps Disposal Containers Page 2 of 2 Kittitas County Review Form Grants & Contract Agreement Today's Date 07/11/2016 Fund/Department 116 -Public Health Contract/Grant Information =N - " 33`:) i 1 Agenda Date `3 I (� I j I q Contract /Grant Agency: Interlocal Cooperation Agreement between Kittitas County Public Health and City of Cie Elum (Sharps Disposal Kits) Period Begin Date: Upon Signature Period End Date: One year from signature date Total Grant/Contract Amount: $None Grant/Contract Number: Contract/Grant Summary: The Interlocal Cooperation Agreement between Kittitas County Public Health and City of Cle Elum outlines the responsibilities of each party in order to provide Sharps Disposal Kits for the safe and convenient disposal of sharps to reduce the risk of sharps related injuries in the community. The following sharps containers will be distributed to Cie Elum: 103128- 627 (Key) 103134-627(Key) Recommendation for Board of Health and Board of Health Review on f�- Department Head Signature U ` Administrator Date: [!� Kittitas County Prosecutor, Auditor, and Board of Health Review and Comment: APPROVED AS TO FORM: Sig re of'Prosecutor'f Sign t re 9f Auditor's Office Signature of Board of Health member Date -71Z-,u Date Date Financial Information Grant/Contract Review Page 1 Total Amount $ _State Funds $ Matching Funds $ Federal Funds $ Percentage County Funds CFDA# Treasurer In -Kind $ Explain Is Equipment being purchased? Who owns equipment? New Personnel being hired? I Contact HR hiring — reporting requirements Future impacts or liability to Kittitas County: Bu Information Amendment Needed? i Yes ❑ attach budget form New Division Created? Revenue Code Pass Through Information Agency to Pass Through Amount to Pass Through $ Sub -Contract Approved l Date: No ❑ Why not Prosecutor Review Has the Prosecutor reviewed this agreement? Yes❑ No [] County Departments Impacted Auditor Facilities Maintenance Information Services Human Resource Prosecutor Treasurer Submitted Signature: Date: Department: Assignment of Tracking Information Auditor's Office I Human Resource Prosecutor's Office Who Signed the grant application Reviewer I Date Grant/Contract Review Page 2 INTERLOCAL COOPERATION AGREEMENT BETWEEN KITTITAS COUNTY PUBLIC HEALTH AND CITY OF CLE ELUM FOR THE PROVISION OF SHARPS DISPOSAL KITS BY THE KITTITAS COUNTY PUBLIC HEALTH DEPARTMENT THIS Interlocal Cooperation Agreement (hereinafter, the "Agreement") is made and entered into pursuant to the authority granted by Chapter 39.34 RCW, the Washington Interlocal Cooperation Act, by and between Kittitas County, through the Kittitas County Public Health Department (hereinafter, "KCPHD"), and the City of Cle Elum Washington (hereinafter, the "City"), each Party having been duly organized and now existing under the laws of the State of Washington. Both entities may be referred to in this Agreement collectively as "Parties" or individually as "Party". For and in consideration of the promises and conditions set forth herein, the Parties mutually agree as follows: PURPOSE, The purpose of this Agreement is to detail the responsibilities of each Party to this Agreement in order to provide municipalities in Kittitas County with Sharps Disposal Kits for the safe and convenient disposal of sharps (e.g. lancets, needles, and syringes) to reduce the risk of sharps related injuries in the community. 2. TERM OF AGREEMENT. This Agreement shall commence on the date of last signature of the Parties hereto and expire one (1) year thereafter, subject to renewal or earlier termination as provided herein. RENEWAL. This Agreement shall be renewable for successive five-year periods upon the consent of the Parties in writing. 4. TERMINATION. Either Party shall have the right to terminate its participation in this Agreement with or without cause by giving thirty (30) days written notice of its intent to terminate to the other Party. RESPONSIBILITIES OF EACH PARTY. a. KCPHD agrees to: i. Provide to the City two (2) Sharps Disposal Kits, each consisting of one (1) Sharps Compliance Inc. Stainless Steel Cabinet, one (1) 1 -Quart plastic Sharps Secure Collection Container, and one (1) key. ii. Provide to the City four (4) additional Sharps Compliance Inc.l-Quart plastic Sharps Secure Collection Containers (hereinafter, "Sharps Inserts"). iii. Provide information to the City on purchase and reorder of Sharps Inserts. iv. Upon request of the City, provide training to City personnel regarding the use and placement of Sharps Disposal Kits and the removal, disposal, and replacement of used Sharps Inserts. b. City agrees to: i. Install Sharps Disposal Kits in or around City facilities at the discretion of the City, with particular emphasis on areas of high traffic of sharps users (e.g. public parks and restrooms). Any and all costs of installation shall be the responsibility of the City. ii. Provide for the proper care and custody of Sharps Disposal Kits provided to the City. iii. Provide for the regular removal, disposal, and replacement of used Sharps Inserts. iv. During at least the first twelve (12) months of the agreement, contact KCPHD for proper disposal of full Sharps Inserts. v. Provide access to installed Sharps Disposal Kits upon request by KCPHD. vi. After City review and approval, allow posting of flyers describing KCPHD's syringe exchange program in close proximity to the Sharps Disposal Kits. vii. In the event of damage to, or destruction of, Sharps Disposal Kits provided to the City, the City shall notify KCPHD within one (1) business day upon discovery of the damage or destruction. viii. In the event of expiration or termination of this Agreement, City shall return all Sharps Disposal Kits and any unused Sharps Inserts to KCPHD. 6, NOTICE. All notices and correspondence to the respective Parties of this Agreement shall be sent to the below listed contact persons. Notices mailed shall be deemed given on the date mailed. The Parties shall notify each other in writing of any change of address. For KCPHD: Liz Whitaker Kittitas County Public Health 507 N Nanum St Suite 102 Ellensburg, Washington 98926 E-mail: liz.whitaker@a co.kittitas.wa.tzs Telephone: 509-962-7515 Interlocal Cooperation Agreement Sharps Disposal Containers For City of Cle Elum: Jay McGowan, Mayor City of Cle Elum 119 West First Street Cle Elum, WA 98922 E-mail: niayormcgowariicr citvofcleekum.com Telephone: 509-674-2262 Page 2 of 5 7. OWNERSHIP OF PROPERTY. KCPHD shall own all Sharps Disposal Kits and Sharps Inserts provided through this Agreement; provided however, the City shall have the use of provided Sharps Disposal Kits located at sites owned or controlled by the City. 8. RELATIONSHIP OF THE PARTIES. No agent, employee or representative of a Party to this Agreement shall be deemed to be an agent, employee or representative of the other Party to this Agreement for any purpose. Employees of a Party to this Agreement are not entitled to any of the benefits the other Party to this agreement provides to its employees. 9. NON -DELEGATION / NON -ASSIGNMENT. No Party may delegate the performance of its obligations hereunder to a third party, unless mutually agreed in writing. No Party may assign this Agreement without the written consent of the other Party. 10. COMPLIANCE WITH LEGAL REQUIREMENTS. The Parties shall comply with all federal, state and local laws, rules, regulations and ordinances applicable to the performance of this Agreement. 11. INDEMNIFICATION. The Parties agree to be responsible and assume liability for their own wrongful and/or negligent acts or omissions, or those of their officers, agents or employees to the fullest extent required by law, and further agree to save, indemnify, defend and hold the other party harmless from any such liability. In the case of negligence of more than one party, any damages allowed shall be levied in proportion to the percentage of the negligence attributable to each party. The Parties agree that the provisions of this section shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 11. NO WARRANTY. The Parties agree that there are no express or implied warranties respecting this agreement or the Sharps Disposal Kits and Sharps Inserts provided herein. 12. ALTERATION OF TERMS_ This Agreement may be changed, modified, amended or waived only by written agreement signed by both Parties. 13. INTERPRETATION. This Agreement has been submitted to the review of all Parties and their counsel, if desired, and it shall be given a fair and reasonable interpretation in accord with its words, without consideration or weight given to its being drafted by any Party or its counsel. 14. DISPUTES. In the event that a dispute arises under this Agreement that is not readily resolved mutually by the Parties, the containers shall be removed and the Agreement terminated. Interlocal Cooperation Agreement Sharps Disposal Containers Page 3 of 5 15. GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the State of Washington, and venue for any action shall be in Kittitas County, Washington. 16. SENIERABILITY. Any provision of this Agreement, which is prohibited or unenforceable, shall be ineffective to the extent of such prohibition or unenforceability, without affecting the validity or enforcement of the remaining provisions. 17. ENTIRE AGREEMENT. This Agreement fully expresses all understandings of the Parties with respect to the subject matter of this Agreement, and constitutes the complete agreement among the Parties for these purposes. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. 18. FILING. This Agreement shall be filed with the Kittitas County Auditor's Office or, alternatively, listed by subject on each Party's web site or other electronically retrievable public source pursuant to RCW 39.34.040. 19. ADMINISTRATION. Pursuant to RCW 39.34.030(4)(a), the administrator for this agreement shall be the Director of the Kittitas County Public Health Department, or their designee. No new separate legal or administrative entity is created to administer the provisions of this Agreement. Except such property transfers described herein, all property, personal and real, utilized by the Parties hereto in the execution of this Agreement shall remain the property of that Party initially owning it. 20. SAVINGS CLAUSE. Nothing in this Agreement shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions of this Agreement and any statute, law, public regulation or ordinance, the latter shall prevail, but in such event, the provisions of this Agreement affected shall be curtailed and limited only the extent necessary to bring it within legal requirements. 21. HEADINGS. The headings of sections and paragraphs of this Agreement are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs. [This Space Intentionally Left Blank] Interlocal Cooperation Agreement Sharps Disposal Containers Page 4 of 5 IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates indicated below. Dated: CJ ' _ Dated: w h'e Cle Elum City Council Board of County Commissioners Cle Elum, Washington Kittitas County, Washington S Jay c swan, Mayor ie O'Brien, Clazr 1 i Jewell, Vice Chair Laura Osiadacz, Commissioner tip15Rflltf llrrrl 1"'9't'i��I� f' Clerk of City Counciltike � r-�0�'ik,; eek of the Board Mandy R�hblx 7eputy Clerk of the Board APPROVED AS TO FORM: ''f1�V�'','? S TO FORM: City Attorney Stephanie Hartung, Deputy Prosecuting Attorney Interlocal Cooperation Agreement Sharps Disposal Containers Page 5 of 5