HomeMy WebLinkAboutAgreements/Contracts - GRISK20-060
INTERLOCAL AGREEMENT
BETWEEN THE COUNTIES OF ADAMS AND GRANT
FOR DEVELOPMENTAL DISABILITIES SERVICES
1. PARTIES
I.I. This Interlocal Agreement (hereinafter "AGREEMENT") is made by and
between, Adams County and Grant County (hereinafter referred to jointly as
the "COUNTIES" or "PARTIES" or "PARTY"), each individual political
subdivisions of the State of Washington, pursuant to Chapter 71A RCW
Developmental Disabilities Services Act) and Chapter 39.34 RCW (the
Interlocal Cooperation Act).
2. PURPOSE AND RECITALS
2.1. Purpose of Agreement. This AGREEMENT acknowledges the mutual
interest in jointly planning and coordinating developmental disabilities
employment and community inclusion services for individuals with
developmental disabilities under agreements with the Washington State
Department of Social and Health Services (DSHS) Developmental
Disabilities Administration (DDA). The PARTIES desire to integrate and
coordinate developmental disabilities' services, strategies, actions, and
responsibilities within their respective jurisdictions. The PARTIES believe
that it is in the public interest to cooperate in carrying out state and federal
developmental disabilities services funding priorities, conducting meetings
to determine and evaluate the performance outcomes, and plan for allocated
funding. The purpose of this AGREEMENT is to facilitate and sustain an
orderly transition of responsibility for administration of DDA funded
disabilities services from Adams County to Grant County, within available
resources.
2.2. Agreement Application. This AGREEMENT applies to all powers and duties
of Grant County pursuant to RCW 71 A and such agreements as may hereafter
be entered into between Grant County and Washington State DSHS DDA.
2.3 Guiding Principles for Grant County. Grant County will administer
Developmental Disabilities services under the following guiding principles:
2.3.1. The primary goal is to ensure access to developmental disabilities
services for eligible persons in both Adams and Grant counties;
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2.3.2. The successful performance of this AGREEMENT will require
partnerships designed to provide adequate access and services to
individuals with developmental disabilities, and will include all levels
of government;
2.3.3. The PARTIES will collaborate as a collective body with significant
interest in regional improvements associated with developmental
disabilities services; and
2.3.4. Decisions must be outcome -based and sustainable within available
resources.
3. ADMINISTRATION
3.1. For purposes of governing Adams County, the Adams
County Board of County Commissioners will act and
function as the DDA governing board.
3.2. Grant County shall administer developmental disabilities
services for the COUNTIES in accordance with DDA
contract terms, DDA policy, and relevant Washington State
rules andregulations.
3.2.1. Pursuant to RCW 71.24.100, the Grant County
Treasurer shall be the custodian of the funds made
available for the purposes of developmental
disabilities services provided under this
AGREEMENT. The Grant County Auditor's
Office may make payment from such funds upon
audit by the appropriate auditing officer of Grant
County, to ensure the provision of services under
this AGREEMENT.
3.2.2. Upon execution of a contract with the DDA:
3.2.2.1 Grant County shall fund Grant County DDA, and
3.2.2.2 Any reductions in DDA funding may result in
reduction of services.
3.2.3. Administration costs of the DDA should not exceed
the limits set by the contracts between Adams
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County and DDA. Grant County will be responsible
for determining the needs, requirements, and cost
relevant to DDA services.
3.2.4. All funds necessary for the administration of the
DDA services shall remain with Grant County to
support the required processes identified in the DDA
contract.
3.3. Funding Allocation Approval
3.3.1. Grant County will develop a budget for
developmental disabilities services for Adams and
Grant counties.
3.3.2. Grant County will offer contracts to the COUNTIES'
providers for the services required and funded by the
DDA contracts.
3.4. Grant County will contract directly with the providers for
developmental disabilities services.
All services will be provided within the scope and
definitions of services in the DDA/County contract.
4. DATA COLLECTION
4.1. Providers are responsible for accurately reporting
performance and other required data through the monthly
billing system.
5. REOCCURRING MEETINGS
5.1. Grant County will send periodic agency performance
reports to Adams County.
5.2. Grant County will periodically attend the Adams County
advisory board meetings to provide updates, unless the
Adams County Advisory Board decides to merge with the
Grant County Developmental Disabilities Advisory
Board.
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6. ADDENDA AND AMENDMENTS
6.1. Amendments. The PARTIES recognize that amendments
to this AGREEMENT may be necessary to clarify
particular sections or to update and expand the
AGREEMENT. Any PARTY may pursue an
amendment, as necessary.
6.2. Process for amendingthis Agreement. Any amendment to
this AGREEMENT must be mutually agreed upon by the
PARTIES and executed in writing before becoming
effective. Any amendment to the AGREEMENT will be
executed in the same manner as provided by law for the
execution of the AGREEMENT.
6.3. Additional AL-reements. Nothing in this AGREEMENT
limits PARTIES entering into interlocal agreements on
additional issues not covered by, or in lieu of, the terms
of this AGREEMENT.
7. THIRD PARTY BENEFICIARIES
7.1. There are no third -parry beneficiaries to this
AGREEMENT, and this AGREEMENT shall not be
interpreted to create such rights.
8. DISPUTE RESOLUTION
8.1. The PARTIES mutually agree, as a condition precedent
to commencing any suit or action to enforce any term of
this AGREEMENT, to submit any dispute or controversy
regarding the interpretation or implementation of any
provision of this AGREEMENT to formal mediation.
Such mediation shall be conducted by a mediator and
pursuant to the process agreed between the PARTIES. In
the event the PARTIES are unable to agree upon a choice
of mediator, each PARTY shall select one (1) mediator,
and the two (2) mediators thus selected shall jointly select
a third. All actions undertaken by any such joint mediation
body shall be by majority decision. All costs for mediation
services shall be divided equally between the
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participating PARTIES. Each PARTY shall be
responsible for the costs of their own legal representation.
The PARTIES shall use the mediation process in good
faith to attempt to come to agreement.
9. RELATIONSHIP TO EXISTING LAWS AND STATUTES
9.1. This AGREEMENT in no way modifies or supersedes
existing state laws and/or statutes. In meeting the
commitments encompassed in this AGREEMENT, all
PARTIES will comply with the requirements of the Open
Meetings Act, Public Records Act, and other applicable
federal, state and/or local laws. By executing this
AGREEMENT, the PARTIES do not purport to abrogate
the decision-making responsibility vested in them by law.
10. EFFECTIVE DATE AND EXISTENCE OF
INTERLOCAL AGREEMENT FOR DD SERVICES
BETWEEN ADAMS AND GRANT COUNTY
10.1. This AGREEMENT shall become effective 5 ,
2020 based upon the signature of the duly authorized
representative of all PARTIES, indicating the approval of
this AGREEMENT by the governing bodies of each PARTY
hereto as indicated herein below, PROVIDED THAT the
following occurs:
10.1.1. Grant County has determined that all financial,
program data, and any other required information is
received and is acceptable. In addition, all necessary
processes are to be in place, in order that Grant
County may operate a two (2) county system of DDA
services.
10.1.2. Failure of any PARTY to comply with either or
both of these conditions will cause this
AGREEMENT to be null and void as to that
PARTY.
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11. DURATION
11.1. This AGREEMENT shall automatically renew each year on
the anniversary date of this AGREEMENT unless
terminated pursuant to Section 12.1.
12. TERMINATION
12.1. Termination due to Change in Funding. Contract
Renegotiation, or Contract Suspension: The Grant County
Board of County Commissioners may terminate this
Agreement with all PARTIES immediately with written
notice if the funds upon which Gant County relied to
establish this Agreement are: withdrawn; reduced; limited;
or if additional or modified conditions are placed on such
funding; or if other extraordinary funding circumstances
arise. The termination shall be effective on the date specified
in the notice of termination.
12.2. Termination for Convenience: Any PARTY may terminate
its obligations under this AGREEMENT upon a minimum
of thirty days (30) days' written notice to the other
PARTIES. The Grant County Board of Commissioners may
terminate the AGREEMENT relative to any one or more
PARTIES hereto for convenience, upon a minimum of thirty
days (30) days' written notice to all PARTIES in the event
that the Grant County Board of County Commissioners
determines that the PARTY against which the termination is
intended to be effective has failed to perform under this
AGREEMENT or under the Provider Services Contract then
in force between the PARTIES.
12.3. A condition precedent to termination of this AGREEMENT
by any PARTY to this AGREEMENT shall be that the
PARTY considering termination shall engage in good faith
discussions with the other PARTIES to this AGREEMENT
as may be applicable, in an effort to identify and reach
resolution of any issues or of the PARTIES that are the
motivation to consider termination. Termination of this
AGREEMENT may only be done pursuant to paragraph
12.1 above if the good faith discussions described in this
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paragraph are unsuccessful in resolving the identified issues
and/or concerns.
13. INDEMNIFICATION AND LIABILITY
13.1. Each PARTY shall protect, save harmless, indemnify and
defend, at its own expense, each OTHER PARTY to this
AGREEMENT, the OTHER PARTIES' elected and
appointed officials, officers, employees and agents, from
any loss or claim for damages of any nature whatsoever
arising out of the indemnifying PARTY'S performance of
this AGREEMENT, including claims by the OTHER
PARTIES' employees or third parties, except for those
damages caused solely by the negligence or willful
misconduct of the OTHER PARTY(IES), its elected and
appointed officials, officers, employees, or agents.
13.2. In the event of liability for damages of any nature,
whatsoever arising out of the performance of this
AGREEMENT by more than one of the PARTIES,
including claims by the PARTIES' own officers, officials,
employees, agents, volunteers, or third parties, caused by or
resulting from the concurrent negligence of more than one
of the PARTIES, their officers, officials, employees and
volunteers, each PARTY'S liability hereunder shall be only
to the extent of that PARTY'S negligence.
13.3. No liability shall be attached to the PARTIES by reason of
entering into this AGREEMENT except as expressly
provided herein.
14. SEVERABILITY
14.1. If any provision of this AGREEMENT or its application to
any person or circumstance is held invalid, the remainder of
the provisions and/or the application of the provisions to
other persons or circumstances shall not be affected.
15. EXERCISE OF RIGHTS OR REMEDIES
15.1. Failure of any PARTY to exercise any rights or remedies
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under this AGREEMENT shall not be a waiver of any
obligation by said PARTY and shall not prevent said
PARTY from pursuing that right at any future time.
16. RECORDS
16.1. The PARTIES shall maintain adequate records to document
obligations performed under this AGREEMENT. Subject to
all applicable laws and regulations governing the records
maintained in performance of this AGREEMENT, which
laws and regulations include but are not limited to privacy,
security, and confidentiality laws (both state and federal),
each PARTY and the Washington State Auditor shall have
the right to review the other PARTIES' records with regard
to the subject matter of this AGREEMENT, upon reasonable
notice.
17. ENTIRE AGREEMENT
17.1. This AGREEMENT constitutes the entire AGREEMENT
between the PARTIES with respect to the administration of
Grant County.
18. GOVERNING LAW AND STIPULATION OF VENUE
18.1. This AGREEMENT shall be governed by the laws of the
State of Washington. Any action hereunder must be brought
in the Superior Court of Washington for Grant County.
19. CONTINGENCY
19.1. The obligations of the PARTIES in this AGREEMENT are
contingent on the continued authority for the existence and
administration of a developmental disability services, as
organized under this AGREEMENT. In the event that
authority for the existence and administration of Grant
County, as organized under this AGREEMENT, is
withdrawn, reduced or limited in any way after the effective
date of this AGREEMENT, the PARTIES may terminate the
AGREEMENT under Section 13.1 of this AGREEMENT,
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Agreement
ADAMS COUNTY COMMISSIONER'S
Ad— COunly Pudtt" Heitli N Hunl
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subject to renegotiation under those new limitations and
conditions.
20. FILING
20.1. This AGREEMENT shall be filed with the Adams County
Auditor and placed on its website or other electronically
retrievable public source.
21. ADMINISTRATORS AND CONTACTS FORAGREEMENT
21.1. The Administrators and contact persons for this AGREEMENT are:
Adams County: V C k -i G uS f -
Grant County: N i Dav i d s o n
22. PROPERTY AND EQUIPMENT
22.1. The ownership of all property and equipment utilized by
Grant County in providing services under this Agreement
shall remain with Grant County unless specifically and
mutually agreed by the PARTIES to the contrary.
23. RCW 39.34 REQUIRED CLAUSES
23.1. Purpose: See Section 2 above.
23.2. Duration: See Sections 10 and 11 above.
23.3. Organization of Separate Entity and Its Powers: No
new or separate legal or administrative entity is created to
administer the provisions ofthis Agreement.
23.4. Responsibilities of the Parties: See provisions above.
23.5. Agreement to be Filed: See Section 20 above.
23.6. Financing: See Subsections 3.2 and 3.3 above.
23.7. Termination: See Section 12 above.
23.8. Property Upon Termination: See Section 22 above.
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As, eamenl
ADAMS COUNTY COMMISSIONER'S
Adams County Auditor Heidi K Hunt
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IN WITNESS WHEREOF, Adams County and Grant County have executed and
delivered this Agreement to be effective as of the Effective Date.
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UNMY SHINGTON
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BOARD OF COUNTY COMMISSIONERS
ADAMS COUNTY, WASHINGTON
Roger L. Hartwig, Chairman
T , ance J. Thompson ice- airman
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o N. Marshall, Co nissioner
ATTEST:
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Patricia J. flips, CMC
Clerk of the Board