HomeMy WebLinkAboutMOU Regional Onsite Sewage System Loan ProgramBOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2026 -
A RESOLUTION TO AUTHORIZE EXECUTION OF AN INTERLOCAL
AGREEMENT BETWEEN KITTITAS COUNTY AND THE WASHINGTON STATE
DEPARTMENT OF ECOLOGY AND THE WASHINGTON STATE DEPARTMENT OF
HEALTH FOR THE REGIONAL ONSITE SEWAGE SYSTEM LOAN PROGRAM
WHEREAS, RCW 39.34, the Interlocal Cooperation Act, provides the capability for public
agencies to cooperate for mutual advantage; and
WHEREAS, the County, through the Kittitas County Public Health Department (KCPHD) as a
Local Health Jurisdiction (LHJ), has worked with the Washington State
Department of Ecology (DOE) and the Washington State Department of Health
(DOH), both Washington State Agencies, to provide this program to the
community to address failing or malfunctioning on -site sewage systems to protect
public health and water quality; and
WHEREAS, DOE has awarded grant and loan funds for the Regional Loan Program (RLP)
beginning with the Water Quality Program FY2016 Combined Funding Cycle and
is the lead administrative state agency, as required by the loan application. DOH
will provide accompanying coordination and technical support; and
WHEREAS, on -site sewage system (OSS) owners need affordable financial options to repair
and replace their systems or convert to sewer to ensure effective sewage treatment
to help protect water quality and public health; and
WHEREAS, the parties desire to enter into this interlocal agreement, which is attached hereto
and incorporated by this reference, as Exhibit A, to this Resolution.
NOW THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Kittitas
County, Washington, hereby authorizes execution of the attached Interlocal Agreement with the
Washington State Department of Ecology and the Washington State Department of Health, upon
signature by the parties.
DATED this day of
. 2026, at Ellensburg, Washington.
Page 1 of 2
ATTEST:
Clerk of the Board
APPROVED AS TO FORM
Prosecutor/Deputy Prosecutor
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Chair
Vice -Chair
Commissioner
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Kittitas County Public Health
Contract/Agreement Review Form
Today's Date: 08/03/2026 Legal Request #: 12647
Fund/Department: 116-Public Health Agenda Date:
Contract/Agreement Information
Contract/Agreement Agency: Department of Ecology/Wa State DOH
Contract/Agreement Title: MOU Regional On Site Sewage System Loan Program
Begin Date: Upon Signature
Total $ Amount: None
Contract/Agreement Summary:
End Date:
Contract/Agreement #:
Public Health
This agreement is made and entered into for the purpose of providing a program to offer loan
assistance to citizens of the participating local jurisdictions to address failing or malfunctioning
on -site sewage systems to protect public health and water quality. Collectively, the parties are
referred to as "Partners." It is entered into solely for the mutual benefit of the parties to this
agreement. This agreement is not entered into with the intent that it shall benefit any other
person and no other such person shall be entitled to be treated as a third -party beneficiary of this
agreement.
Kittitas County Prosecutor and Auditor Review and Comment:
APPROVED AS TO FORM:
Signature 0 Prdsecutor's Office A I Date
ielt {/ 4
Signature f Auditor's Offitd Date
Budget Information
Revenue Code(s):
Expense Code(s):
Agency is not suspended/disbarred ❑ Not Checked (reason)
Pass Through Information
Agency to Pass Through
Amount to Pass Through Expense Code:
Sub -Contract Approved Date:
ADMIN Version: 0 ; supersedes: 0 1 Date Adopted: 12/01/2024 J Modified By: Katie Odiaga Approval By: Chelsey Loeffers
MEMORANDUM OF UNDERSTANDING
REGIONAL ON -SITE SEWAGE SYSTEM LOAN PROGRAM
This agreement is made and entered into between the Local Health Jurisdictions (LHJs) and
Counties (collectively "participating local jurisdictions"); Washington State Department of
Health (Health); and Washington State Department of Ecology (Ecology) for the purpose of
providing a program to offer loan assistance to citizens of the participating local
jurisdictions to address failing or malfunctioning on -site sewage systems to protect public
health and water quality. Collectively, the parties are referred to as "Partners." It is entered
into solely for the mutual benefit of the parties to this agreement. This agreement is not
entered into with the intent that it shall benefit any other person and no other such person
shall be entitled to be treated as a third -party beneficiary of this agreement. This agreement
updates and replaces the MOU dated August 2018.
WHEREAS, Ecology has awarded grant and loan funds for the Regional Loan Program
("RLP") beginning with the Water Quality Program FY2016 Combined Funding Cycle (see
State Fiscal Year 2016 Final Water Quality Funding Offer List and Intended Use Plan and
following annual Water Quality Combined Final Offer Lists), and
WHEREAS, the grant/loan application submitted to Ecology by the LHJs and the Counties
calls for a state agency to administer the RLP, and
WHEREAS, Ecology will be the lead administrative state agency and Health will provide
accompanying coordination and technical support, and
WHEREAS, Ecology has conducted a procurement process and has contracted with Craft3
as the Financial Institution Partner (FIP) for the RLP, and
WHEREAS, on -site sewage system (OSS) owners need affordable financial options to
repair and replace their systems or convert to sewer to ensure effective sewage treatment to
help protect water quality and public health, and
WHEREAS, LHJs have responsibility for addressing failing OSS to protect ground water,
surface water, and the public's health in their respective counties, and
WHEREAS, approximately one third of the state's households are served by decentralized
(on -site) wastewater infrastructure and this vast and aging infrastructure needs ongoing care
and investment.
NOW, THEREFORE, in consideration of the mutual promises herein, the Partners agree as
follows:
This MOU may be reviewed and amended at the request of any of the Partners. An amended
agreement would require approval by all participating local jurisdictions. Any of the local
REGIONAL LOAN PROGRAM MEMORANDUM OF UNDERSTANDING Page 1 of 3
July 2021
jurisdictions may withdraw from this AGREEMENT provided written notice is provided to
each of the other Partners thirty (30) days prior to withdrawing from this AGREEMENT.
The Partners agree to collaborate on the RLP as specified in the Roles and Responsibilities
attached and incorporated as Appendix A to this MOU.
The FIP will provide competitive loan rates and flexible terms to property owners to finance
OSS repairs, replacements, or conversion to sewer to protect water quality and public health.
Financial responsibility for repayment to Ecology of any State Revolving Fund
disbursements under the RLP will belong to the FIP. The Partners will provide property
owner referrals to the FIP.
The program guidelines define program structure and service delivery during
implementation of the RLP. The roles and responsibilities described in this MOU coincide
with the period of operation of the RLP as spelled out in the contract between Ecology and
FIP. The Partners intend to administer and continue this RLP as long as sufficient loan and
grant funds are available to recapitalize and effectively sustain it.
The LHJs will fulfill their responsibilities for septic system permitting and technical
assistance as required by chapter 246-272A WAC, including review of septic design repair
applications, and record drawings; completing final inspections, and notifying FIP upon
request that the project is completed so payment is authorized to contractors for completed
work.
Each party to this agreement shall be responsible for its own acts and/or omissions and those
of its officers, employees and agents. Each party shall fully indemnify and hold harmless the
other parties against all claims arising out of the indemnifying party's own negligent acts or
omissions in performance of this agreement.
This MOU may be executed by facsimile or electronic mail in any number of current parts
and signature pages hereof with the same effect as if all Members had all signed the same
document. All executed current parts shall be construed together, and shall, together with the
text of this MOU, constitute one and the same instrument.
Name:
Title:
Agency:
Date:
REGIONAL LOAN PROGRAM MEMORANDUM OF UNDERSTANDING Page 2 of 3
July 2021
APPENDIX A
Regional Loan Program
Roles and Responsibilities
Financial Institution Partner
Duties:
• Receive customer loan application, and provide
all required loan processing as set forth in the
contract with Ecology.
■ Maintain sole and exclusive authority to
approve or decline credit according to its
internal Credit Policy.
• Provide marketing to promote the Regional
Loan Program as outlined in the contract with
Ecology.
• Accept financial responsibility for all loans
made through the RLP and perform loan
portfolio management.
■ Comply with relevant state and federal
consumer lending requirements.
Washington Department of Health
Duties:
• Assist with coordination, and technical support,
which may include meetings of the oversight
structure, consideration of expanded geographic
coverage, and future applications for RLP grant
and loan funding.
LHJs or Counties
Duties:
• LHJs and Counties: provide referrals to FIP.
• LHJs and Counties: distribute approved
marketing materials as needed to owners of
failing septic systems.
• LJHs: fulfil requirements under WAC 246-
272A regarding septic design review, septic
installation, and final approval.
■ LHJs: complete final inspection on septic, and
notify the FIP upon request.
• LHJs and Counties: Work with Ecology to
develop or modify the Program Guidelines.
Washin ton Department of
Duties:
Work with the Regional Loan Partners as
necessary to develop or modify the Program
Guidelines.
Manage contract with FIP to provide loans
under the RLP consistent with the Program
Guidelines.
Maintain communication with the Regional
Loan Partners.
REGIONAL LOAN PROGRAM MEMORANDUM OF UNDERSTANDING Page 3 of 3
July 2021