HomeMy WebLinkAboutCovid 19 Funding Updated Interlocal Clean_ INTERLOCAL COOPERATION AGREEMENT BETWEEN KITTITAS COUNTY,
CITY OF ELLENSBURG, CITY OF ROSLYN, CITY OF CLE ELUM, CITY OF
KITTITAS, AND THE TOWN OF S. CLE ELUM, OF WASHINGTON STATE, FOR
THE CARES CONTRIBUTION FOR COVID-19 RELATED PUBLIC HEALTH
EXPENSES
WHEREAS, the Interlocal Cooperation Act, RCW 39.34, allows public agencies to make the
most efficient use of their powers by enabling them to cooperate with each other on the basis of
mutual advantage to provide services and facilities that will best fit the need of each community;
and
WHEREAS, the County of Kittitas and the Cities of Ellensburg, Cle Elum, Roslyn, Kittitas and
the Town of S. Elum are desirous of sharing a minimum of 25 percent of each municipalities’
CARES allocation from the State to be paid to the Kittitas County Public Health Department for
Covid-19 related expenses; and
WHEREAS, the above-named municipal corporations have exchanged letters of intent
regarding the shared use of such funds, and desire to enter into Interlocal agreements to facilitate
the use of the funds in an effective manner;
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
1. PURPOSE: To provide for the shared funding of Kittitas County public health
expenses utilized in the response against Covid-19; specifically funding needed for testing,
quarantine and isolation, case investigation and contract tracing, data management,
tracking, and other related tasks, as detailed in the Kittitas County Covid-19 Response
Plan.
2. RESPONSIBILITIES: Each municipality shall contribute, at a minimum, 25%
of its CARES allocation from the State to the Kittitas County Public Health Department.
3. TERM OF AGREEMENT: The term of this Agreement shall be from the date
of signing by all parties through December 31, 2021or as otherwise agreed to by the parties
in writing. The parties may agree to a different termination date if justified by a change in
circumstances by a subsequent amendment to this Agreement. All other terms and
conditions of this Agreement shall remain in full force and effect unless amended. Any
such amendment shall conform to the requirements of sections eight (8), nine (9) and
twelve (12) below.
4. ADMINISTRATION: No new or separate legal or administrative entity is created
to administer the provisions of this Agreement. This Agreement shall be administered by
The Kittitas County Health Officer subject to the approval of the Kittitas County Board of
Health on behalf of the above-named parties.
5. CARES ALLOCATION PAYMENTS: The Kittitas County Auditor shall serve
as the fiscal agent for purposes of this agreement. Each party shall, within thirty (30)
business days of receipt of any payment from the funding source known the “CARES Act”
(PL 136-136, March 27, 2020) and enacted as ___ USC ____, shall forward twenty-five
(25) percent of that payment to the Auditor for public health expenses related to the
COVID-19 pandemic. The Auditor shall keep a detailed list of the expenditures for which
the funds are used.
6. TREATMENT OF ASSETS AND PROPERTY: No fixed assets or personal or
real property will be jointly or cooperatively acquired, held, used, or disposed of pursuant
to this Agreement.
7. INDEMNIFICATION: Each municipality agrees to be responsible and assume
liability for its own wrongful and/or negligent acts or omissions or those of their officials,
officers, agents, or employees to the fullest extent required by law. The parties do not
assume responsibility to the any other party for the consequences of any act or omission of
any person, firm or corporation not a party to this Agreement, and further agrees to save,
indemnify, defend, and hold the other party harmless from any such liability.
8. TERMINATION: Any party hereto may terminate this Agreement upon thirty
(30) days’ notice in writing, either personally delivered or mailed postage-prepaid by
certified mail, return receipt requested, to the other party’s last known address for the
purposes of giving notice under this paragraph. If this Agreement is so terminated, the
parties shall be liable only for performance rendered or costs incurred in accordance with
the terms of this Agreement prior to the effective date of termination.
9. CHANGES, MODIFICATIONS, AMENDMENTS, AND WAIVERS: This
Agreement may be changed, modified, amended, or waived only by written agreement
executed by the parties hereto. Waiver or breach of any term or condition of this
Agreement shall not be considered a waiver of any prior or subsequent breach.
10. SEVERABILITY: In the event any term or condition of this Agreement or
application thereof to any person or circumstances is held invalid, such invalidity shall not
affect other terms, conditions or applications of this Agreement which can be given effect
without the invalid term, condition, or application. To this end, the terms and conditions
of this Agreement are declared severable.
11. ENTIRE AGREEMENT: This Agreement contains all the terms and conditions
agreed upon by the parties. All items incorporated herein by this reference are attached.
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.
12. EXECUTION: Each party to this Agreement may bind itself with all other parties
to this Agreement by signing a duplicate original of this Agreement and submitting such
signed duplicate original for filing by the Kittitas County Auditor pursuant to Section
thirteen (13). It is understood that such execution shall not require one original Agreement
be signed by all parties to this Agreement, but that there will be several duplicate originals
signed by each party to this Agreement. The purpose of this provision is to facilitate the
signing of the Agreement and to avoid undue delay in the execution of the Agreement. This
Agreement, however, shall be executed on behalf of each party by its authorized
representative and pursuant to the appropriate motion, resolution or ordinance of each
party. Each party to this Agreement shall be bound to it as of the date it is signed by that
representative of the party.
13. FILING: Executed copies of this Agreement shall be filed as required by
RCW 39.34.040 or listed by subject on the party’s website.
DATED at __________________, Washington, this _____ day of May, 2020.
BOARD OF KITTITAS COUNTY COMMISSIONERS
BRETT WACHSMITH, Chair
LAURA OSIADACZ, Vice-Chair
CORY WRIGHT, Commissioner
ATTEST:
Julie Kjorsvik, Clerk of the Board