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Home My WebLink AboutRes- 097 Eburg Sharps DisposalBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2016-0 q 7 RESOLUTION TO AUTHORIZE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN THE KITTITAS COUNTY PUBLIC HEALTH DEPARTMENT AND THE CITY OF ELLENSBURG TO PROVIDE SHARPS DISPOSAL KITS WHEREAS, RCW 39.34, the Interlocal Cooperation Act, provides the capability for public agencies to cooperate for mutual advantage; and WHEREAS, Kittitas County, through the Kittitas County Public Health Department (KCPHD), is charged with the preservation, promotion, and improvement of health in the County; and WHEREAS, the use of Sharps Disposal Kits can reduce the risk of sharps related injuries in the community; and WHEREAS, the City of Ellensburg also desires to reduce sharps related injuries; and WHEREAS, the Parties agree that Sharps Disposal Kits are necessary and should be utilized and supplied in the manner detailed in the interlocal agreement, attached hereto and incorporated herein by reference. NOW THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Kittitas County, Washington, authorizes execution of an interlocal agreement with the City of Ellensburg that is attached hereto, and incorporated herein by reference. DATED this eYL£!l.... day of ILu <gctA...LC ,2016, at Ellensburg, Washington. BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON ; Commissioner lNTERLOCAL COOPERATION AGREEMENT BETWEEN KITTITAS COUNTY PUBL C HEALTH AND CITY OF ELLENSBURG 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 Ellensburg, 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: 1. PURPOS E. 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. 3 . 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. 5. RESPONSIBILITIES OF EACH PARTY . a. KCPHD agrees to: 1. Provide to the City six (6) Sharps Disposal Kits, each consisting of one (1) Sharps Compliance Inc. Stainless Steel Sharps Secure Cabinet, one (1) I-Quart plastic Sharps Secure Collection Container, and one (1) key. 11. Provide to the City six (6) additional Sharps Compliance Inc.I-Quart plastic Sharps Secure Collection Containers (hereinafter, "Sharps Inserts"). 111. 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: 1. 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. H. Provide for the proper care and custody of Sharps Disposal Kits provided to the City. HI. 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. VH. In the event of damage to, or destruction of, Sharps Disposal Kits provided to the City, the City shall notify KCPHD within one (l) business day upon discovery of the damage or destruction. VH\. 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, Community Health Supvr Kittitas County Public Health 507 N Nanum St Suite 102 Ellensburg, Washington 98926 E-mail: liz.whitaker@co.kittitas.wa.ll Telephone: 509-962-7515 Interlocal Cooperation Agreement Sharps Disposal Containers For Ellensburg: Brad Case Ellensburg Parks & Recreation Director 501 N Anderson St Ellensburg, W A 98926 E-mail: caseb@ci.ell ens burg.wa. u Telephone: 509-925-8639 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. RE LATIO NSH IP O F THE PA RTIES. 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-D ELEG AT I ON I NO N-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 . COMPLI CE WITH LEGA.L RE QUIRE MENT. The Parties shall comply with all federal, state and local laws, rules, regulations and ordinances applicable to the performance of this Agreement. 11 . INDENfNIFICA TION . The Parties agree to be responsible and assume liability for their own wrongful and/or negligent acts or omissions, or tho se 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 sh all 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 . Thi s Agr ee ment m ay be ch an ged , modifie d, amen de d or waived only by written agreement signed by both Parties . 13 . TNTER PRETATI ON. 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 . DIS PUfES. 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 . tnterloca l C oo peration Agreemen t !! Sharps D islIlos al Conta iners 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 . SEVERABU,ITY. 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 A GREEMENT. 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 . SAVING 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. Interlocal C ooperat io n Agreement Sharps Dis posal Containers [This Space Intentionally Left Blank] Page 4 of5 IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates indicated below. Dated : ___ ---!...\ D~l Q~\.u:.t.;:o:::<r:......----- Ellensburg City Council Ellensburg, Washington Rich Elliott, Mayor Clerk of City Council APPRO VED A TO ~RM : ~----. City Attorney Interlocal Cooperation Agreement Sharps Disposal Containers Dated: aLLg(t l ,tt: ~: /J.O /L // Board of County Commissioners Kittitas County, Washington Paul Jewell, Vice C bair L4¥c .. aura Slac acz, ommlsslOner Stephanie Hartung, Deputy Prosecuting Attorney Page 5 of5