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HomeMy WebLinkAboutRes-2020-105 InterlocalBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2O2O - I O{ RESOLUTION AUTHORIZING EXECUTION OF AN INTERLOCAL BETWEEN THE MUNICIPALITIES IN KITTITAS COUNTY FOR CARES ALLOCATION CONTRIBUTIONS TO KITTITAS COUNTY PUBLIC HEALTH DEPARTMENT FOR COVID 19 RELATED EXPENSES WHEREAS, the Interlocal Cooperation Act, RCW 39.34, allows public agencies to make the the most eff,rcient 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 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 manner in which the CARES allocations contributions from the Kittitas County municipalities are to be made and applied to the Kittitas County Public Health Department is detailed in the Interlocal Cooperation Agreement that is attached hereto and hereby incorporated by this reference; and NOW THEREFORE' BE IT RESOLVED that the Board of County Commissioners of Kittitas County, Washington, hereby authorizes execution of the attached Interlocal Cooperation Agreement for CARES allocation contributions from the municipalities in Kittitas County. DATED this l4+4 day of 2020, at Ellensburg, Washington. BOARD OF COUNTY COMMISSIONERS KITTIT Commissioner ATTEST:rv*) 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-l9 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-l9 Response Plan. 2. RESPONSIBILITIES: Each municipality shall contribute, at a minimum,25o/o 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 3l,202lor as otherwise agreed to by the parties in writing. The parties may agree to a different termination date ifjustified 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 tw€lve (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 cooperativbly 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, indemnifu, 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. Washington, this /ffi.,of May,2020.DATED at ttlull BOARD OF KITTITAS C BRETT COMMISSIONERS Vice-Chair %rvwvlrnlk ) Hrti" rio.rui(Jilerk of the Board