The URL can be used to link to this page

Home My WebLink AboutR2026-149BOARD OF COUNTY COMMISSTONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESoLUTIoN No. 2026 -l-+3 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 Depaftment (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 I sr-"day of 2026, at Ellensburg, Washington. Page 1 of 2 Cferk of theboard APPROVED AS TO FORM BOARD OF COLINTY COMMISSIONERS KITTITAS COUNTY WASHIN TON ABSENT Commissioner J Prosecutor/Deputy Prosecutor Page 2 of 2 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 localjurisdictions"); 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 systerns 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 FY20l6 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 WIIEREAS, 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 Iuly 2021 Page 1 of3 jurisdictions may withdraw from this AGREEMENT provided written notice is provided to each of the other partners ttrirty (:o) days pi"'t i" *i ttitawing 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 Financialresponsibilityforrepaymenttop.orogvor*vstateRevolvingFund disbursements underite-RLp'wlil u.rongJoirt."ilp. The partuers will provide property Theprogramguidelinesdefineprogramstructureandservicedeliveryduring implementation ortn" nr-p. iii.o'i., "ti;;;iUifititt described in this MOU coincide with the period of operation of tlre. RLP as rp"lbJ4:nt"^"onttact between Ecology and FIp. The Partners intend to administer and L*inut this RLP as long as sufficient loan and grant funds urc uuuituCtt io recapital ize and effectively sustain it' The LHJs will fulfill their responsibilities for septic syste.T permitting and technical assistance as required by chapter 246-272;iec, inrtuoing review of septic design repair applications, uno.""l.i'aruJingr; ,onlpt"ting final inspections, and notiffing FIP upon request that the prol*, i, compieted ," p;;*:;Jr ""rit"tir"d to contractors for completed owner referrals to the FIP work. N ame:t3 An+ifln Date: O4 (o t lau Each party to this agreement shall be responsible for its own acts and/or omissions and those of its officers, employees and agents. E"";';;;; $1ri r"1;, indemniff and hold harmless the other parties against ull "lui,n, irising o"i^Ji** indemniffing party's own negligent acts or o-ittiont in pirformance of this agreement' This MoU may be executed by facsimile or electronic mail in any number of current parts and signature pages.hereof wiih the .u-. tfft* as if all Members had all signed the same document. All executed current parts shali i.^."rr,*.d together, and shall, together with the text of this MOU, constitute one and the same instrument' ts Title:6za-e-4-t Agency: V.ifu cA-Alr-rnau-' VLS Cw.n*14 REGIONAL LOAN PROGRAM MEMORANDUM OF UNDERSTANDING July 2021 Page2 of3 APPENDIX A Regional Loan Program Roles and Responsibilities REGIONAL LOAN PROGRAM MEMORANDUM OF UNDERSTANDING luly 2O2l Financial Institution Partner LHJs or Counties Duties: . Receive customer loan application, and provide all required loan processing as set forth in the contract with Ecology.r Maintain sole and exclusive authority to approve or decline credit according to its internal Credit Policy. o Provide marketing to promote the Regional Loan Program as outlined in the contract with Ecology. . Accept financial responsibilify for all loans made through the RLP and perform loan portfolio management. . Comply with relevant state and federal consumer lending requirements. Duties: r LHJs and Counties: provide refcrrals to FIP.r LHJs and Counties: distribute approved marketing materials as needed to owners of failing septic systems. r LJHs: fulfil requirements under WAC246- 272A regarding septic design review, septic installation, and final approval.r LHJs: complete final inspection on septic, and notifr the FIP upon request. e LHJs and Counties: Work with Ecology to develop or modiff the Program Guidelines. Washinqton Department of Health Washington Department of Ecology Duties: r 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. Duties . Work with the Regional Loan Partners as necessary to develop or modiff the Program Guidelines. r Manage contract with FIP to provide loans under the RLP consistent with the Program Guidelines. r Maintain communication with the Regional Loan Partners. Page 3 of3