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INTERLOCAL COOPERATION AGREEMENT BETWEEN
GRANT COUNTY AND THE GRANT COUNTY FIRE DISTRICT NUMBER 13
FOR GRANT FUNDING THROUGH THE CARES ACT
This Interlocal Cooperation Agreement (the "Agreement") is entered into between Grant County,
Washington (the "County"), a political subdivision of the State of Washington, and the Grant County
Fire District Number 13 (the "Fire District"), collectively referred to as the "Parties,"
WHEREAS, on March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (the
"CARES Act") was signed into law providing over $2 trillion relief for American workers, families, and
small businesses, and to preserve jobs for American Industries;
WHEREAS, on April 27, 2020, Washington State announced the allocation of nearly $300
million for local governments from the Coronavirus Relief Fund (the "CRF") available under the CARES
Act;
WHEREAS, the County's share of the CRF has been amended to $7,405,500.00.
WHEREAS, the County desires to immediately make available up to $10,000 to the Fire District
for its COV ID- 19 response,
WHEREAS, RCW Chapter 39,34, entitled the Interlocal Cooperation Act, permits local
governments, including fire districts and counties, to make the most efficient use of their powers by
enabling them to cooperate in order to provide services and facilities that "will accord best with
geographic, economic, population and other factors influencing the needs and development of local
communities;"
NOW, THEREFORE, in consideration of the premises, terms and conditions set forth below, it
is agreed as follows:
ARTICLE I
PURPOSE
1.1 Purpose. The purpose of this Agreement is to set forth the terms and conditions under which the
County will provide grant funding to the Fire District.
ARTICLE 11
GRANT FUNDING AND FIRE DISTRICTS USE OF FUNDS
2.1 Grant Funding. The County agrees to provide up to $10,000.00 to the Fire District from the
County's share of its local CRF allotment, to be used for costs incurred by the Coronavirus public health
emergency during the period of March 1, 2020, through Ortote, 1i, 2020 and not accounted for in the
Fire District budget approved as of March 27, 2020. 1V6V4.W%bJXy- *30
2.2 Fire District's Use of Grant Funds. The fire District shall comply with the Department of
Commerce's Coronavirus Relief Funds Local Governments Program Guidelines: CARES Act Funds
for Local Governments in Washington ;irate, dated May 18, 2020, which is attached hereto as Attachment
A and incorporated by this reference.
2.2.02 Ineligible Expenses. Non -allowable expenditures include, but are not limited to:
a) Expenses for the state share of Medicaid;
b) Damages covered by insurance;
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c) Payroll or benefits expenses for employees whose work duties are not substantially dedicated to
mitigating or responding to COVID-19 public health emergency;
d) Expenses that have been or will be reimbursed under any federal program, such as the
reimbursement by the federal government pursuant to the CARES Act of contributions by states
to state unemployment funds;
e) Reimbursement to donors for donated items or services;
0 Workforce bonuses other than hazard pay or overtime;
g) Severance pay;
h) Legal settlements.
2.2.03 Eligible Cost Test. The fire district shall determine whether or not an expense is eligible using
the Washington State Department of Commerce's five-part cost test as further detailed in Attachment A.
If all responses for the particular incurred cost are "true" for all five statements below, the Fire District
may deem the cost is eligible:
a) The expense is connected to the COVID-19 emergency;
b) The expense is "necessary;"
c) The expense is not to fill a shortfall in government revenues;
d) The expense is not funded through another budget line -item, allotment or allocation, as of March
27, 2020; and
e) The expense would not exist but for COVID-19 or would be for a "substantially different"
purpose.
2.3 Reimbursement. The County shall pay the grant funds to the Fire District on a reimbursement
basis upon certification by the Fire District of the eligibility of the expenses incurred for such work, so
long as requests for reimbursement are submitted on or before October 30, 2020, to allow for the
County's November 30, 2020 reporting deadline, Requests for reimbursement shall be completed on a
form provided by the County.
ARTICLE III
ADMINISTRATION
3.1 Administration. This Agreement shall be administered by the Fire District with no
administrative overhead costs passed to the County.
3.2 Processing Reimbursements. Fire District reimbursement submittals to the County shall be
processed within fifteen days of receipt by the County.
ARTICLE IV
EFFECTIVE DATE OF AGREEMENT
4.1 Duration. This Agreement shall be effective only upon execution by the Parties and filing with
the Grant County Auditor pursuant to RCW 39.34.040, and shall extend until the CRF allotment has been
exhausted or November 30, 2020, whichever occurs first.
ARTICLE V
INDEMNITY
5.1 Claims. The Fire District agrees to indemnify defend and hold the County, its departments,
elected and appointed officials, employees, and agents, harmless from and against any and all claims,
damages, losses and expenses, including without limitation personal injury, bodily injury, sickness,
disease, or death, or any damage to or destruction of property, including the loss of use resulting
therefrom, which are alleged or proven to be caused in whole or in part by an act or omission of the Fire
District's officers, directors, employees and agents related to the Fire District's performance of work
funded by this Agreement,
5.2 Invalid Reimbursements. The Fire District shall bear the risk of invalid claims. In the event a
claim is ruled invalid by the Washington Department of Commerce, the Federal Government or any other
entity responsible for processing the claims the Fire District shall reimburse the County for the amount of
the denied claim.
ARTICLE VI
PERFORMANCE OF AGREEMENT
6.1 Compliance with All Laws. Each party shall comply with all federal state and local laws, rules,
regulations and ordinances applicable to the performance of this Agreement.
6.2 Maintenance and Audit of Records. Each party shall maintain books, records, documents and
other materials relevant to its performance under this Agreement. These records shall be subject to
inspection, review and audit by either party or its designee, and the Washington State Auditor's Office.
Each party shall retain all such books, records, documents and other materials for five (5) years following
the termination of this Agreement.
6.3 Inspections. Either party or its designee may evaluate the performance of this Agreement through
inspection to determine whether performance is in compliance with the standards set forth in this
Agreement, and in compliance with federal, state and local laws, rules, regulations, and ordinances.
6.4 Improper Influence. Each party agrees, warrants and represents that it did not and will not
employ, retain or contract with any person or entity on a contingent compensation basis for the purpose of
seeking, obtaining, maintaining or extending this Agreement. Each party agrees, warrants and represents
that no gratuity whatsoever has been or will be offered or conferred with a view towards, obtaining,
maintaining or extending this Agreement.
6.5 Conflict of Interest. The elected and appointed officials and employees of the Parties shall not
have any personal interest, direct or indirect, which gives rise to a conflict of interest as defined in RCW
42.23 el seq.
ARTICLE VII
DISPUTES
7.1 Time. Time is of the essence of this Agreement.
7.2 Waiver Limited. A waiver of any term or condition of this Agreement must be in writing and
signed by the party. Any express or implied waiver of a term or condition of this Agreement shall apply
only to the specific act, occurrence or omission and shall not constitute a waiver as to any other term or
condition or future act, occurrence or omission,
7.3 Attorney's Fees. If any legal action or other proceeding is brought for the enforcement of this
Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any
of the provisions of this Agreement, each party shall pay its own attorney's fees and costs incurred in that
action, arbitration or other proceeding.
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7.4 Goverxiing Law and Venue. This Agreement shall be governed exchtsivoly by the laws of the
State of Washington. Grant equity shttl be the sole proper venue for any a -rid all suits bmught to enforce
.or interpret tho provisions of this Agreeinqu,
AM= VM
GE NERAI, PROV IRONS
9.1 Assigyment.Nelther party may assign its rights of delegate its ditties under this Agreem, -
'Whether by assignment,fbrth0t, subcontract Or. other . Means. AfiY such attempted assignment or delegation
shall be void and 04 0. nititute a. material breach of this Agreervertt
82 Entire A redwent This Agrwment constitutes the endre
� 9 agrecMeat between the Paiiies. There
am -no understandings or agreemaqu betweeii P"4s 9thor than those M forth in this Agreement. No
other stAteme.rit, representation or. prse has been made to inckx6 either party to enter. into this
Agroeiqent.
8,1 Medificatioa. This Agreement may Pt be =ended, s
-*
jemented or otherwise modified unless
expressly sit forth -in a written WeInerit signed by the parfics:a . W adapted by resolMion of .each Party's
legislative aut.hotity,
SA Invalid Provisi a The Invalidity or unenforo
OAVL[hy 0f 84y-pattie ' I
q ar term or provision of-di.is
AgreftW shall not affect the vatidity or enkiceability of zfty
oth:*qrtennor provision and this
Agmentent: -shall be construed in all respect . s as if such invujw or unenforceable term or provision was
GRANT COVNTY WASIEN=N
BOARD OF COUNTY COMMISSIONERS
ADO P#Fwthi �4.f,�
4r��
I 1 020.
Cindy Carter, Chair
'rom Taylor,
Stevens,
6,P-A&3T COL) till Ft izE
01 sTp-icr * 43
AD TED on this day of
QP 20X
LL— I
tricky, D&rTi-Fir
et'
APPROVED AS TO FORM:
Kevin McCrae, WSBA #43087
Chief Civil Deputy Prosecuting Attorney'
ATTACHMENT A
Coronavirus Relief Funds for Local Governments Program Guidelines: CARES Act Funds for Local
Governments in Washington State (May 18, 2020)
ATTACHMENT A
2
Coronavi*rus
Reli'ef Funds for
Local
Program Gui'deli'nes
CARES Act Funds for Local Governments
in Washington State
Administered by the Department of Commerce
Local Government Division
P. O. Box 42525
Olympia, WA 98504-2525