Loading...
HomeMy WebLinkAbout2091 - Snohomish Health District - Agreement - Per Capita Contribution for Health ServicesINTERLOCAL AGREEMENT BETWEEN THE SNOHOMISH HEAL TH DISTRICT AND THE CITY OF MARYSVILLE PER CAPITA CONTRIBUTION FOR HEALTH DISTRICT SERVICES This lnterlocal Agreement for Per Capita Contribution for Hea lth District Serv ices is entered into by and between the Snohomish Healt h District , a Washingt on Municipal Co rp oration (the Health District) and City of Marysville , a municipa l corporation of th e S tate of Washington (th e C ity) -collectively (the Parties), for the purpose of providing for a per capita contribut ion by the City for Health D ist r ict Services. RECITALS WHEREAS , This Agreement is made pu rsuant to the lnterlocal Cooperation Act , Chapter 39 .34 RCW; and WHEREAS , to promote the public hea lth in Snohomish County, Wash in gton, the Board of County Commissioners of Snohomish County, Washington , established a Health District on January 1, 1959, embracing all of the territory within Snohomish County , Washington , and all cities and towns the rein ; and WHEREAS , in 1966 the Snohomish Hea lth District became the first local health jurisdiction in the state to organize a city-county cooperative health program with cities indicating a willingness to participate financially in support of Health District programs ; and WHEREAS , on January 1, 1967, eleven of 18 cit ies and towns ag reed to voluntarily contribute $0.50 per capita to t he Health District in return f or p ublic health se rvi ces; and WHEREAS , per capita contributions from towns and cities continued , w ith such contributions ranging from $1 .60 to $2 .7 0 per capita until the early 1990s; and WHEREAS , in 1993, counties assumed exclusive financial responsibility for public health rel yin g on Motor Vehicle Excise Tax (MVET) reven ues ; and WHEREAS , in 2000, the Washington State Leg islature re pealed MVET and backfilled only 90% of lost public health funds; and WHEREAS , the Health District ranks 34th out of 35 local health jurisdictions in the state for public health expenditures per resident; and WHEREAS , the Health District's ability to perform it s most essential funct ions have been severely comprom ise d since th e great recession ; and WHEREAS , the Hea lth District serves an essential pub lic safety function , wheth er ensuring safe food , schools , and septic systems , responding to disasters, or preventing and respon ding to disease outb reaks ; and WHEREAS , threats t o the public's hea lth in the form of foodborne illness such as E.coli and sal mo nella , comm un ica ble diseases such as p ertus sis , tubercu lo sis , meas les, Zika , and Ebola and natural disasters such as th e Oso/SR530 mud slide respec t no municipal boundaries ; and WHEREAS , public health is a sha red responsibility and regional public health threats requ ire regional resp onses and close partnerships with every ci ty and town in Snohomish County; and WHEREAS , consistent with RCW 70.05 , the Snohomish County Council is re spons ible for establishing the Snohomish Health District Board of Health, with jurisdiction coextens ive with the IL A S HD 2020 MARYSV ILLE PER CA PITA ORIGINAL I of S boundaries of the county, to supervise all matters pertaining to the preservation of life and health of the people within its jurisdiction; and WHEREAS, an effective, regional public health response to the threats to public health in Snohomish County requires the cooperation, participation and support of Snohomish County and all of the cities and towns in Snohomish County; and WHEREAS, the Snohomish County Board of Health adopted Resolution 19-25 in November 2019, declaring its intent to take on naloxone distribution and coordination for law enforcement and city partners; and WHEREAS, Snohomish County and the cities and towns therein seek to improve and sustain healthy years of life of their residents by engaging in an enhanced partnership with the Health District. This partnership will provide stable funding for public health priorities that would be established to meet the unique needs of each community. NOW, THEREFORE, in consideration of the agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Health District agree as follows: 1. Purpose. A. The recitals set forth above are incorporated herein by this reference. B. The purpose of this Agreement is to establish and define the tenms and conditions for the cooperative efforts to be undertaken by the City and the Health District to promote, facilitate, and undertake various programs and activities. 2. Term. The tenm of this Agreement shall be from January 1, 2020, to December 31, 2020. The term may be extended by mutual written agreement of the parties. Either party may terminate this Agreement on 30 days written notice. 3. Scope of Services. A. Responsibilities of the City. The City shall contribute $1.00 per capita of City population, based on the Office of Financial Management April 2019 Official Population Estimate of 67,820, for an amount not to exceed Sixty-seven Thousand Eight Hundred Twenty and No/00 Dollars ($67,820) to the Health District commencing January 1, 2020. Payment will be made by quarterly payments on or before March 31, June 30, September 30, and December 31, 2020. The City will provide a list to the District of personnel by department that should be equipped with naloxone kits. The City will provide the infonmation necessary for the District to track, rotate and replenish kits as needed. B. Responsibilities of the Health District. The Health District shall provide basic essential public health services and functions such as ensuring safe food, and inspecting septic systems, responding to disasters, or preventing and responding to disease outbreaks. The District shall provide naloxone kits, as requested by the City, to personnel within the Marysville Police Department. Inventory will be tracked, rotated and replenished as needed. The District will partner with the City to coordinate substance use related trainings and community outreach events. ILA SHD_2020 MARYSVILLE PER CAPITA 2 ofS The Health District will provide reports to the city identifying services provided to Marysville residents and businesses. Additional specific services provided by the Health District to the City may be developed jointly by the parties. C. Acguisilion and Disposition of Property. It is not intended that any real property be acquired by this Agreement. Any personal property will be acquired by the Health District and may be held and disposed of by either party as appropriate under the circumstances. · 4. Legal Requirements. Both parties shall comply with all applicable federal, state and local laws in performing this Agreement. 5. Public Disclosure Laws. The City and the Health District each acknowledge, agree and understand that the other party is a public agency subject to certain disclosure laws, including, but not limited to Washington's Public Records Act, chapter 42.56 RCW. Each party understands that records related to this Agreement and the District's performance of services under this Agreement may be subject to disclosure pursuant to the Public Records Act or other similar law. 6. · Insurance. Each party shall maintain its own insurance and/or self-insurance for its liabilities from damage to property and /or injuries to persons arising out of its activities associated with this Agreement as it deems reasonably appropriate and prudent. The maintenance of, or lack thereof of insurance and/or self-insurance shall not limit the liability of the indemnifying part to the indemnified party(s). Each party shall provide the other with a certificate of insurance or letter of self-insurance as the case may be upon request. 7. Indemnification. The District shall protect, save harmless, indemnify and defend the City its elected officials, officers, employees and agents, from and against any loss or claim for damages of any nature whatsoever, including claims by third parties or District employees against which it would otherwise be immune under Title 51 RCW or other law, arising out of any act or omission of the District in performance of this Agreement, its elected or appointed officials, officers, employees or agents, except to the extent the loss or claim is attributable to the negligence or willful misconduct of the City, its elected officials, officers, employees or agents. The City shall protect, save harmless, indemnify and defend the District, its elected and . appointed officials, officers, employees and agents from and against any loss or claim for damages of any nature whatsoever, including claims by third parties or City employees against which it would otherwise be immune under Title 51 RCW or other law, arising out of any act or omission of the City in performance of this Agreement, its elected or appointed officials, officers, employees or agents, except to the extent the loss or claim is attributable to the negligence or willful misconduct of the County, its elected or appointed officials, officers, employees or agents. 8. Notices. Any notice/payment to be given to the Health District under this Agreement shall be either mailed or personally delivered to: Snohomish Health District 3020 Rucker Avenue, Ste 306 Everett, WA 98201 ILA SHD_2020 MARYSVILLE PER CAPITA 3 ofS Any notice/invoice to the City shall be mailed or hand delivered to: City of Marysville 1049 State Ave. Marysville, WA 98270 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U.S. mail with proper postage and address. 9. Venue. The laws of the State of Washington shall apply to the construction and enforcement of this Agreement. Any action at law, suit in equity, or judicial proceedings for the enforcement of this agreement or any provision hereto shall be in the Superior Court of Snohomish County, Everett, Washington. 10. Disputes. The parties agree that, following reasonable attempts at negotiation and compromise, any unresolved dispute arising under this Agreement may be resolved by a mutually agreed-upon alternative dispute resolution of arbitration or mediation. 11. No third party beneficiaries; no joint venture. This Agreement is for the sole benefit of the City and Health District and shall not confer third- party beneficiary status on any non-party to this Agreement. Nothing contained in this Agreement shall be construed as creating any type or manner of partnership, joint venture or other joint enterprise between the parties. This Agreement will be administered by the Chief Administrative Officer of the City and the Director of the Health District. County employees who provide services under this Agreement shall at all times be acting in their official capacities as employees of Snohomish County. 12. Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof, and supersedes any and all prior oral or written agreements between the parties regarding the subject matter contained herein. This Agreement may not be modified or amended in any manner except by written agreement executed by both parties. Both parties recognize that time is of the essence in the performance and the provisions of this Agreement. 13. Severability. A. If a court of competent jurisdiction holds any part; term or provision of this Agreement to be illegal or invalid, in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. B. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 14. Filing. As provided by RCW 39.34.040, this Agreement shall be filed with the Snohomish County Auditor, or, alternatively, posted on the website of each party. 15. Execution in Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which shall constitute one and the same agreement. ILA SHD_2020 MARYSVILLE PER CAPITA 4 ofS 16 . Effective Date . January 1, 2020 City of Marysville ATTEST : ~ Clerk of the Board Appr ve d as to Fo rm : ~ Appro ved as to~ ~~ ~nt Weed , HeatthDiStiCt Attorney IL A S l-1 0 _2020 MA RYSV ILL E PER CAP ITA 5 o f S