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Snohomish Health District Interlocal Agreement for 2021 Per Capita Contribution for Health District ServicesINTERLOCAL AGREEMENT BETWEEN THE SNOHOMISH HEALTH DISTRICT AND THE CITY OF EDMONDS PER CAPITA CONTRIBUTION FOR HEALTH DISTRICT SERVICES This Interlocal Agreement for Per Capita Contribution for Health District Services is entered into by and between the SNOHOMISH HEALTH DISTRICT, a Washington Municipal Corporation (the Health District) and CITY OF EDMONDS a municipal corporation of the State of Washington (the City) — collectively (the Parties), for the purpose of providing for a per capita contribution by the City for Health District Services. RECITALS WHEREAS, this Agreement is made pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW; and WHEREAS, to promote the public health in Snohomish County, Washington, 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 therein; and WHEREAS, in 1966 the Snohomish Health 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 cities and towns agreed to voluntarily contribute $0.50 per capita to the Health District in return for public health services; and WHEREAS, per capita contributions from towns and cities continued, with such contributions ranging from $1.60 to $2.70 per capita until the early 1990s; and WHEREAS, in 1993, counties assumed exclusive financial responsibility for public health relying on Motor Vehicle Excise Tax (MVET) revenues; and WHEREAS, in 2000, the Washington State Legislature repealed MVET and backfilled only 90% of lost public health funds; and WHEREAS, the Health District's ability to perform its most essential functions have been severely compromised since the great recession; and WHEREAS, the Health District serves an essential public safety function whether ensuring safe food, schools, and septic systems, responding to disasters, or preventing and responding to disease outbreaks; and WHEREAS, threats to the public's health in the form of foodborne illness such as E. coli and salmonella, communicable diseases such as COVID-19, pertussis, tuberculosis, measles, Zika, and Ebola and natural disasters such as the Oso/SR530 mud slide respect no municipal boundaries; and WHEREAS, public health is a shared responsibility and regional public health threats require regional responses and close partnerships with every city and town in Snohomish County; and WHEREAS, consistent with RCW 70.05, the Snohomish County Council is responsible for establishing the Snohomish Health District Board of Health, with jurisdiction coextensive with the boundaries of the county, to supervise all matters pertaining to the preservation of life and health of the people within its jurisdiction; and ILA SHD 2021 EDMONDS PER CAPITA 1 of 4 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, 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 terms 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 term of this Agreement shall be from January 1, 2021, to December 31, 2021. The term may be extended by mutual written agreement of the parties. 3. Scope of Services. A. Responsibilities ❑f the City. The City shall contribute $0.50 per capita of City population based on the Office of Financial Management Official Population Estimate of 42,900 for an amount not to exceed Twenty -One Thousand Four Hundred Fifty and No/00 Dollars ($21,450) to the District commencing January 1, 2021. Payment may be made in one lump sum on or before December 31 of that year. 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 Health District will provide reports to the City identifying services provided to Edmonds residents and businesses. Additional specific services provided by the Health District to the City may be developed jointly by the parties. 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. ILA SHD 2021 EDMONDS PER CAPITA 2 of 4 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 o: 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 Any notice/invoice to the City shall be mailed or hand delivered to: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 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 ILA SHD 2021 EDMONDS PER CAPITA 3 of 4 shall be construed as creating any type or manner of partnership, joint venture or other joint enterprise between the parties. 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. 16. Effective Date. January 1, 2021 City of Edmonds Snohomish Health District - ) J sltaww, PrW&rt�k A ^ �� Shawn Frederick (Dec 15, 202116:28 PST) Mik4 Nelson, Mayor Shawn Frederick, Administrative Officer ATTEST: co ass , City Clerk Approved as to Form: Office of the City Attorney ATTEST: Sarah de Tong Sarah de Jong (Dec 16, 2107:10 PST) Clerk of the Board Approved as to Form: /K Gyeed Grant K. Weed (Dec 15, 202116:24 PST) Grant Weed, Health District Attorney ILA SHD 2021 EDMONDS PER CAPITA 4 of 4