HomeMy WebLinkAboutDevelopmental Disabilities Program Mileage Levy - Interlocal Agreement INTERLOCAL AGREEMENT
BETWEEN MASON COUNTY
and
THURSTON COUNTY
DEVELOPMENTAL DISABILITIES PROGRAM-MILLAGE LEVY
This Interlocal Agreement (AGREEMENT) is made and entered into pursuant to the
provisions of Chapter 39.34 RCW Interlocal Cooperation Act by and between Mason
County (MASON) and Thurston County (THURSTON) collectively known as the parties to
this AGREEMENT.
WHEREAS, MASON and THURSTON have created a Developmental Disabilities program to
serve 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 for
Developmental 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 notice
of 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 funds
upon 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 Department
615 W Alder St. Building 8
Shelton, WA 98584
Phone: 360-427-9670 Ext. 260
E-mail: dwindom@co.mason.wa.us
THURSTON:
Tom Stuebner, Director
Thurston County Public Health and Social Services Department
412 Lilly Road NE
Olympia, WA 98506-5132
Phone: Office 360-867-2502; Cell 360-918-3366
E-mail: stuebnt@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 delivery
services.
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 services
being 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 participants
to 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 services
providers 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 resolved
by 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 survive
the completion, expiration or termination of this AGREEMENT.
Independent Capacity:
Employees or agents of each party who are engaged in the performance of this AGREEMENT
shall 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 segregation
or 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 an
opportunity 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 Mason
County. 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 be
valid and binding upon either party, shall be in writing and 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
time in order that such matters may be settled or other appropriate action promptly taken.
Decisions of MASON's Administrator shall be final and conclusive.
Venue and-Choice of Law:
ant 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 of
the 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 this
end, 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 any
prior 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, shall
not 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 full force and effect.
Order of Precedence:
A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office
of Management and Budget (OMB) circulars and federal and state executive orders.
& 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 any
prior oral statements, discussions or understandings between the parties.
IN WITNESS WHEREOF, MASON and THURSTON have executed this AGREEMENT as of
the date and year last written below.
BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS
THURSTON COUNTY,W SHINGTON MASON COUNTY, WASHINGTON
Sandra Romero, Chai aa Terri Jeffreys, it
)Dated: 'V, Dated:�''(JCC(����
APPROVED AS TO FORM: APPROVED AS TO FORM:
John Tunheim, Prosecuting Attorney
Tim Whitehead, Chief DPA
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De pi y Pmtcuting Attorney
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