Loading...
Developmental 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 \-AA A / De pi y Pmtcuting Attorney � ��_ 6 ,�