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HomeMy WebLinkAboutRes-2020-118 InterlocalBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTTON No. 2o2o -ljg RESOLUTION AUTHORIZING EXECUTION OF A REVISED INTERLOCAL BETWEEN THE MUNICIPALITIES IN KITTITAS COUNTY FOR CARES ALLOCATION CONTRIBUTIONS TO KITTITAS COUNTY PUBLIC HEALTH DEPARTMENT FOR COVID 19 RELATED EXPENSES AND RESCINDING THE ORIGINAL INTERLOCAL EXECUTED ON MAy 19,2020 WHEREAS, the Interlocal Cooperation Act, RCW 39.34, allows public agencies to make the 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 maximum 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 Board of County Commissioners executed an interlocal on May 19,2020 detailing the manner in which those funds would be exchanged and subsequent to that execution, the Department of Commerce provided new mandates that must be addressed in any such interlocal including the added requirement of executing subcontracts between the parties; and WHEREAS, the Agreement that is attached hereto and is hereby incorporated by this reference has been revised to encompass the Department of Commerce mandates. NOW THEREFORE' BE IT RESOLVED that the Board of County Commissioners of Kittitas County, Washington, hereby authorizes execution of the revised Interlocal Cooperation Agreement which attached hereto. Now THEREFORE, BE IT FURTHER RESOLVED that the Board of county Commissioners of Kittitas County, Washington hereby rescinds the Interlocal that was executed on May 19,2020. DATED this lW day of 2020, at Ellensburg, Washington. BOARD OF CO CO SSI w of the 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, Section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Reliel and Economic Security Act ("CARES Act") (PL 116-136), established the Coronavirus Relief Fund (the "Fund") and appropriated $150 billion under Title V of the CARES Act to the Fund be used to make payments for specified uses to States and certain local governments; and WHEREAS, the Washington State allocation of Fund resources has been designated to reimburse certain additional local governments in the state for specified expenditures though contracts administered by the State Department of Commerce; 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 maximum of 25 percent of each municipalities' CARES allocation from the State ("Intent Funds") to reimburse the Kittitas County Public Health Department for Covid-l9 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 Intent 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 a maximum of 25Yo of its CARES Act (Title V) allocation from the State to the Kittitas County Public Health Department as reimbursement for eligible expenditures, the Intent Funds. 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 Interlocal Cooperation Agreement for the CARES Distribution for COVID-l9 Related Public Health Expenses - Page I of 6 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 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, and shall administer payments under this agreement as follows: a. Payments of Intent Funds under this agreement shall occur monthly beginning once this Agreement and necessary subcontracts are executed, which are expressly authorized by execution of this Agreement upon approval by each party's legislative body. b. On or before the 10th day of each month, the Auditor shall identifr any eligible expenditures incurred by Kittitas County Public Health Department against the Intent Funds in the prior month and submit an invoice and certification to each municipality for their proportional allocation of the expenditures. c. Copies of supporting documentation for all expenditures must be attached to each invoice/certifi cation. d. The first invoice and certification shall include any eligible expenditures incurred by the Kittitas County Public Health Department against the Intent Funds from March 1, 2020 through the month preceding the invoice. e. The final invoice and certification for any eligible expenditures incurred after September 30,2020 shall be sent to each municipality on or before October 12,2020. f. Expenditure eligibility and administrative requirements are established within the CARES Act, implementation documents issued by the US Treasury Department, future contracts to be executed between the municipalities and Washington State Department of Commerce, implementation documents issued by the Washington State Department of Commerce, future subcontracts to be executed between each municipality and Kittitas County, and this Agreement. g. Each party shall, within thirty (30) business days of receipt of invoices and certifications from the Auditor for payment from the Intent Funds, remit its payment to the Auditor, equal to its proportional share of the twenty-five (25) percent total contributed by all parties. The Auditor shall apply that payment to the invoice in the appropriate fund to offset the eligible public health expenses related to the COVID-19 pandemic. h. Nothing in this agreement requires municipalities to remit Intent Funds to the Auditor if the Washington State Department of Commercs has terminated or suspended Interlocal Cooperation Agreement for the CARES Distribution for COVID-19 Related Public Health Expenses - Page 2 of 6 reimbursements to local governments or if the period for incurring expenditures for reimbursement from the Washington State Department of Commerce has ended. Any invoices and certifications for Intent Funds received by municipalities on or before October 12,2020 are presumed to be eligible for Washington State Department of Commerce reimbursement. i. The Auditor shall keep a detailed list of the expenditures for which the Intent Funds are used, and ensure the charges invoiced meet the requirements for "eligible costs" as set forth in the Washington Department of Commerce's "Coronavirus Relief Funds for Local Govemments Program Guidelines." Kittitas County shall meet the administrative requirements for Fund resources imposed by the US Treasury Department, the Washington State Department of Commerce, and this Agreement. j. Each municipality shall execute subcontracts with Kittitas County to facilitate reimbursement of the Intent Funds from the Washington State Department of Commerce. k. If any Intent Funds expenditures are identified to be ineligible for Fund resources within six years of payment, or reimbursement of Intent Funds is denied by the Department of Commerce, the Auditor shall return any Intent Funds to the municipalities within fourteen (14) days ofnotice. l. The proportional share for payment of eligible expenditures under this Agreement by each party, up to the total amount of its Intent Funds, shall be as follows: Partv Proportional Commitment Total Maximum Commitment Intent Funds Kittitas County: 76.83% $625,212.50 Ellensburg: 18.40% $149,700.00 Cle Elum: 1.76% $14,362.50 Kittitas: 1.41% $11,475.00 Roslyn: 0.83% $6,750.00 South Cle Elum: 0.77% $6,250.00 Total 100.00% $813,750.00 m. Unless another method of transmittal is required in this agreement or by the administrative requirements of the Fund, all invoices, certifications, and backup documentation shall be transmitted between the parties by email to the fiscal contact for each entity. n. Fiscal contacts are as follows: Kittitas County Auditor's Office City of Ellensburg City of Roslyn Interlocal Cooperation Agreement for the CARES Distribution for COVID-l9 Related Public Health Expenses - Page 3 of 6 City of Cle Elum City of Kittitas Town of South Cle Elum 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, indemnifu, defend, and hold the other party harmless from any such liability. 8. TERMINATION: This Agreement may only be terminated by mutual written agreement of all parties executed in the same manner as this Agreement. 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: Except as may be agreed to by parties in the subcontract referenced in Section 5(a) above, 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 hling 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. Interlocal Cooperation Agreement for the CARES Distribution for COVID-l9 Related Public Health Expenses - Page 4 of 6 13. FILING: Executed copies of this Agreement shall be hled as required by RCW 39.34.040 or listed by subject on the party's website. DATED at Ellensburg, Washington, this WOurof June, 2020. BOARD OF KITTITAS COI]NTY COMMISSIONERS B A Chair CZ, Vice-Chair WRIGHT, Commissioner Kj Clerk of the Board Interlocal Cooperation Agreement for the CARES Distribution for COVID-19 Related Public Health Expenses - Page 5 of 6 l\n e DATED this _day of June,2020 CITY OF ELLENSBURG By Bruce Tabb, Mayor Attest: Beth Leade4City Clerk Approved as to form: City Attorney Interlocal Cooperation Agreement for the CARES Distribution for COVID-19 Related Public Health Expenses - Page 6 of 6