HomeMy WebLinkAboutThurston County INTERLO CAL
AGREEMENT BETWEEN
MASON COUNTY and
THURSTON COUNTY
DEVELOPMENTAL DISABILITIES PROGRAM-
MILLAGE LEVY
This lnterlocal Agreement (AGREEMENT) is made and entered into pursuant to the
provisions of Chapter 39 . 34 RCW lnterlocal Cooperation Act by and between Mason
County (MASON) and Thurston County (THURSTON) collectively known as the
parties tothis AGREEMENT .
WHEREAS , MASON and THURSTON have created a Developmental Disabilities
program toserve residents of both MASON and THURSTON ; and
WHEREAS , it is necessary for MASON and THURSTON to provide for funding and
administration of the Developmental Disabilities program ;
WHEREAS , THURSTON has agreed to serve as the lead for this program .
NOW, THEREFORE , in consideration of the mutual promises and covenants
contained herein, the parties agree as follows .
Purpose :
The purpose of this AGREEMENT is to provide local county funding per RCW 71 . 20 . 110
forDevelopmental Disabilities program services in MASON and THURSTON .
Term :
This AGREEMENT will be in effect for five ( 5 ) years from date of last signature .
Extension :
The duration of this AGREEMENT may be extended by mutual written consent of the parties .
Termination :
This AGREEMENT may be terminated by either party by giving ninety (90) days ' written
noticeof termination to the other party .
Funds Source .
MASON and THURSTON shall each levy annually a tax in a sum equal to the amount
which would be raised by a levy of two and one-half (2- 1 /2) cents per thousand dollars of
assessed value against the taxable property in the county as provided in RCW
71 . 20 . 110 as now existing or as hereinafter amended. From MASON and THURSTON,
50% of the funds raised by said levy shall be paid into the THURSTON Human Services
fund with the remaining 50% used to fund other programs as allowed . The percentage share
of these funds may be adjusted annually through the MASON budget process and the
THURSTON budget process .
Custodian of Funds :
MASON and THURSTON agree that the Thurston County Treasurer shall be the custodian
of all funds for the administration of the Developmental Disabilities program .
Thurston County Treasurer shall have the authority to make payments from said fundsupon
audit by the Thurston County Auditor, pursuant to REC 71 . 24 . 110 (2) as now existing or
as hereinafter amended .
Administration :
MASON and THURSTON have designated the following representatives to serve as the
Administrators for this AGREEMENT . The parties agree to provide notification to the
other party of change of designated Administrator.
MASON :
David Windom, MSHS , Director
Mason County Community Services
Department615 W Alder St. Building 8
Shelton, WA 98584
Phone : 360427- 9670 Ext. 260
&mail : dwindom@co . mason.wa. us
THURSTON :
Schelli Slaughter, Director
Thurston County Public Health and Social Services
Department412 Lilly Road NE
Olympia, WA 9850& 5132
Phone : Office 360467-2502, Cell : 360 -701 - 3970
E-mail : schelli . slaughter@co .thurston.wa . us
Notices and Written Communication : Notices and other communication may be
conducted via e-mail, U . S . mail, fax, hand-delivery, or other generally accepted manner
including deliveryservices .
Responsibilities of the Parties : the primary responsibilities of the parties are agreed to as
follows :
MASON.•
1 . Will provide funding for the program as detailed in this AGREEMENT .
2 . Will review annual reports and provide feedback as appropriate .
3 . Will notify THURSTON in advance should MASON desire to exercise the right to
provide program input and direct program deliverables for services being provided in
Mason County .
THURSTON.•
1 . Shall have the authority to contract, subcontract and sign annual plans on behalf of both
MASON and THURSTON for the Developmental Disabilities program as funded by these
funds . MASON reserves the right to provide program input and direct program deliverables
for servicesbeing provided in Mason County.
2 . Will provide a report to MASON on or before January 31st of each year that details for
the previous calendar year; the overall program budget and number of individuals served; a
list of contracted services providers awarded program funds under this AGREEMENT
including, and detailed by contractor, total award, summary of services to be provided,
number of participantsto be served, location(s) where services are to be provided and a note
identifying whether the contractor will serve only MASON only, THURSTON only, or
individuals from both counties .
3 . Will provide MASON the opportunity to provide input prior to procuring contracted
servicesproviders to carryout program activities .
Indemnification :
1 . Mutual Indemnity . To the extent of its comparative liability, each party agrees to indemnify,
defend and hold the other party, its elected and appointed officials, employees , agents and
volunteers , harmless from and against any and all claims, damages, losses and expenses ,
including but not limited to court costs, attorney' s fees and alternative dispute resolution
costs , for any personal injury, for any bodily injury, sickness , disease or death and for any
damage to or destruction of any property (including the loss of use resulting therefrom)
which are alleged or proven to be caused by an act or omission, negligent or otherwise, of its
elected and appointed officials, employees , agents or volunteers .
In the event of any concurrent act or omission of the parties, each party shall pay its
proportionate share of any damages awarded. The parties agree to maintain a consolidated
defense to claims made against them and to reserve all indemnity claims against each other
until after liability to the claimant and damages , if any, are adjudicated . If any claim is
resolvedby voluntary settlement and the parties cannot agree upon apportionment of
damages and defense costs, they shall submit apportionment to binding arbitration.
2 . Survival of Indemnity Obligations . The parties agree all indemnity obligations shall
survivethe completion, expiration or termination of this AGREEMENT .
Independent Capacity :
Employees or agents of each party who are engaged in the performance of this
AGREEMENTshall continue to be employees or agents of that party and shall not be
considered for any purpose to be employees or agents of the other party.
Non-Discrimination in Employment :
MASON' s policy is to provide equal opportunity in all terms, conditions , and privileges of
employment for all qualified applicants and employees without regard to race, color, creed,
religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran
status . shall comply with all laws prohibiting discrimination against any employee or
applicant for employment on the grounds of race, color, creed, religion, national origin, sex,
sexual orientation, age, marital status, disability, or veteran status , except where such
constitutes a bona fide occupational qualification.
THURSTON shall take affirmative action to insure that applicants are employed, and
treated during employment, without regard to their race, color, creed, religion, national
origin, sex, age, marital status, sexual orientation, disability, or veteran status , except where
such constitutes a bona fide occupational qualification.
Such action shall include, but not be limited to advertising,hiring, promotions , layoffs or
terminations, rate of pay or other forms of compensation benefits , selection for training
including apprenticeship, and participation in recreational and educational activities . In all
solicitations or advertisements for employees placed by them or on their behalf,
THURSTON shall state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
Non-Discrimination in Customer Services :
THURSTON, as well as any contractors and or sub-contractors to this AGREEMENT shall
not discriminate on the grounds of race, color, creed, religion, national origin, sex, age,
marital status , sexual orientation, disability, or veteran status ; or deny an individual or
business any service or benefits under this AGREEMENT; or subject an individual or
business to segregationor separate treatment in any manner related to his/her/its receipt any
service or services or other benefits provided under this AGREEMENT; or deny an
individual or business anopportunity to participate in any program provided by this
AGREEMENT .
Compliance with Applicable Laws , Rules and Regulations :
This AGREEMENT shall be subject to all laws , rules , and regulations of the United States
of America, the State of Washington, political subdivisions of the State of Washington and
MasonCounty . THURSTON agrees to comply with applicable Federal, State, County or
municipal standards for licensing, certification and operation of facilities and programs, and
accreditation and licensing of individuals .
Amendments :
Either party may request changes in the AGREEMENT. Any and all agreed amendments , to
bevalid and binding upon either party, shall be in writing or signed by both of the parties .
Disputes .
Differences between MASON and THURSTON, arising under and by virtue of the
AGREEMENT . Documents shall be brought to the attention of MASON at the earliest
possible imin order that such matters may be settled, or other appropriate action promptly
taken.
Decisions of NIASON' s Administrator shall be final and conclusive .
Venue and Choice of Law :
In the event that any litigation should arise concerning the construction or interpretation of
any of the terms of this AGREEMENT, the venue of such action of litigation shall be in the
courts ofthe State of Washington in and for Mason County . Unless otherwise specified
herein, this AGREEMENT shall be governed by the laws of Mason County and the State of
Washington .
Severability :
If any term or condition of this AGREEMENT or the application thereof to any person(s)
or circumstances is held invalid, such invalidity shall not affect other terms , conditions or
applications which can be given effect without the invalid term, condition, or application.
To thisend, the terms and conditions of this AGREEMENT are declared severable .
Waiver:
Waiver of any breach or condition of this AGREEMENT shall not be deemed a waiver of
anyprior or subsequent breach.No term or condition of this AGREEMENT shall be held to
be waived,modified,or deleted except by an instrument, in writing, signed by the parties
hereto. The failure of MASON to insist upon strict performance of any of the covenants of
this AGREEMENT,or to exercise any option herein conferred in any one or more
instances,shal lnot be construed to be a waiver or relinquishment of any such,or any other
covenants or contracts, but the same shall be and remain in frill force and effect.
Order of Precedence:
A. Applicable federal, state and county statutes, regulations,policies,procedures,federal
Officeof Management and Budget(OMB)circulars and federal and state executive orders.
8. AGREEMENT
Entire Agreement:
This written AGREEMENT,comprised of the writings signed or otherwise identified and
attached hereto,represents the entire AGREEMENT between the parties and supersedes
anyprior oral statements,discussions, or understandings between the parties.
IN WITNESS WHEREOF, MASON and THURSTON have executed this AGREEMENT
as oftlie date and year last written below.
BOARD OF COUNTY COMMISSIONERS, BOARD OF COUNTY COMMISIONERS,
T STON COUNTY,WASHINGTON MASON COUNTY,WASHINGTON
DATED: DATED: 5/12/21
APPROVED AS TO FORM, APPROVED AS TO FORM,
Jon Tunheim,Prosecuting Attorney Tim Whitehead,Prosecuting Attorney
h
rosecuting Attorney Deputy Prosecuting Attorney