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HomeMy WebLinkAbout110617_ca11615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org Public Health Consent agenda August 31, 2017 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Stuart Whitford, Environmental Health Director DATE: 1 1 1 (0(wr r SUBJECT: Agenda - Memorandum of Understanding (MOU) for Regional On -Site Sewage System Loan Program, between Jefferson County, other local health jurisdictions, WA State Department of Health (DOH) and WA State Department of Ecology (DOE); upon signature — until terminated STATEMENT OF ISSUE: Jefferson County Public Health requests approval of the MOU between Jefferson County, other local health jurisdictions, DOH, DOE to offer loan assistance to citizens for on-site sewage systems; upon signature — until terminated ANALYSIS/STRATEGIC GOALS/ PRO'S and CON'S: This MOU has been established to offer loan assistance to citizens of Jefferson County and other Washington State counties, to address failing or malfunctioning on-site sewage systems to protect public health and water quality. Jefferson County will be responsible for: (1) providing program referrals, (2) distributing approved marketing materials to owners of failing septic systems, (3) fulfilling legal requirements for septic design review, septic installation, and final approval, (4) completing final septic inspection, and (5) working with DOE to develop or modify the program guidelines. FISCAL IMPACTICOST BENEFIT ANALYSIS: No fiscal impact. The program is administered by DOE, supported by DOH, and executed by Craft3, the state's Financial Institution Partner. Craft3 is responsible for the loans it makes to private parties, not the state or counties. RECOMMENDATIONS: JCPH management requests approval of the MOU between Jefferson County, other local health jurisdictions, DOH and DOE to offer loan assistance to citizens for on-site sewage systems; upon signature — until terminated REVIEWED BY: Phl tIWorley, C Adminitrato Community Health Developmental Disabilities 360-385-9400 360-385-9401 (f) Date Always working for a safer and healthier community Environmental Health Water Quality 360-385-9444 (f) 360-379-4487 MEMORANDUM OF UNDERSTANDING REGIONAL ON-SITE SEWAGE SYSTEM LOAN PROGRAM This agreement is made and entered into between the Local Health Jurisdictions (LHJs) and Counties (collectively "participating local jurisdictions") listed in Appendix A of this agreement; Washington State Department of Health (Health); and Washington State Department of Ecology (Ecology) for the purpose of providing a program to offer loan assistance to citizens of the participating local jurisdictions to address failing or malfunctioning on-site sewage systems to protect public health and water quality. Collectively, the parties are referred to as "Partners." It is entered into solely for the mutual benefit of the parties to this agreement. This agreement is not entered into with the intent that it shall benefit any other person and no other such person shall be entitled to be treated as a third -party beneficiary of this agreement. This agreement updates and replaces the MOU dated September 2015. WHEREAS, Ecology has awarded grant and loan funds for the Regional Loan Program ("RLP") beginning with the Water Quality Program FY2016 Combined Funding Cycle (see State Fiscal Year 2016 Final Water Quality Funding Offer List and Intended Use Plan and following annual Water Quality Combined Final Offer Lists), and WHEREAS, the grant/loan application submitted to Ecology by the LHJs and the Counties calls for a state agency to administer the RLP, and WHEREAS, Ecology will be the lead administrative state agency and Health will provide accompanying coordination and technical support, and WHEREAS, Ecology has conducted a procurement process and has contracted with Craft3 as the Financial Institution Partner (FIP) for the RLP, and WHEREAS, on-site sewage system (OSS) owners need affordable financial options to repair and replace their systems or convert to sewer to ensure effective sewage treatment to help protect water quality and public health, and WHEREAS, LHJs have responsibility for addressing failing OSS to protect ground water, surface water, and the public's health in their respective counties, and WHEREAS, approximately one third of the state's households are served by decentralized (on-site) wastewater infrastructure and this vast and aging infrastructure needs ongoing care and investment. REGIONAL LOAN PROGRAM MEMORANDUM OF UNDERSTANDING Page 1 of 5 July 2017 NOW, THEREFORE, in consideration of the mutual promises herein, the Partners agree as follows: This MOU may be reviewed and amended at the request of any of the Partners. An amended agreement would require approval by all participating local jurisdictions. Any of the local jurisdictions may withdraw from this AGREEMENT provided written notice is provided to each of the other Partners thirty (30) days prior to withdrawing from this AGREEMENT. The remaining Washington State counties or their local health jurisdictions are eligible to participate in this MOU. Any of these participating local jurisdictions may opt into the RLP on an annual basis by providing written request to the Partners, receiving written approval from the Partners in keeping with procedures in the program guidelines, securing funding through the Annual Combined Funding Cycle, and by securing local approval of the MOU. A list of participating local jurisdictions is attached and incorporated as Appendix A to this MOU. This list will be updated annually or as needed. Ecology will send the updated list to partners. The Partners agree to collaborate on the RLP as specified in the Roles and Responsibilities attached and incorporated as Appendix B to this MOU. The FIP will provide competitive loan rates and flexible terms to property owners to finance OSS repairs, replacements, or conversion to sewer to protect water quality and public health. Financial responsibility for repayment to Ecology of any State Revolving Fund disbursements under the RLP will belong to the FIP. The Partners will provide property owner referrals to the FIP. The program guidelines define program structure and service delivery during implementation of the RLP. The roles and responsibilities described in this MOU coincide with the period of operation of the RLP as spelled out in the contract between Ecology and FIP. The Partners intend to administer and continue this RLP as long as sufficient loan and grant funds are available to recapitalize and effectively sustain it. The LHJs will fulfill their responsibilities for septic system permitting and technical assistance as required by chapter 246-272A WAC, including review of septic design repair applications, and record drawings; completing final inspections, and notifying FIP upon request that the project is completed so payment is authorized to contractors for completed work. Each party to this agreement shall be responsible for its own acts and/or omissions and those of its officers, employees and agents. Each party shall fully indemnify and hold harmless the other parties against all claims arising out of the indemnifying party's own negligent acts or omissions in performance of this agreement. REGIONAL LOAN PROGRAM MEMORANDUM OF UNDERSTANDING Page 2 of 5 July 2017 This MOU may be executed by facsimile or electronic mail in any number of current parts and signature pages hereof with the same effect as if all Members had all signed the same document. All executed current parts shall be construed together, and shall, together with the text of this MOU, constitute one and the same instrument. Kathleen Kler, Chair Date Jefferson County Board of County Commissioners Tp, e�,,,uckerChief Date:C.puty Prosecuting Attorney Jefferson County Prosecuting Attorney's Office ttorney REGIONAL LOAN PROGRAM MEMORANDUM OF UNDERSTANDING Page 3 of 5 July 2017 APPENDIX A Regional Loan Program Participating Local Jurisdictions Local Health Jurisdictions LHJs): Kitsap Public Health District Whatcom County Health District Thurston County Public Health Mason County Public Health Tacoma -Pierce County Health Department Island County Public Health Clark County Public Health Counties: Snohomish County Clallam County Grays Harbor County Pacific County Cowlitz County Jefferson County Public Health—Seattle and King County REGIONAL LOAN PROGRAM MEMORANDUM OF UNDERSTANDING Page 4 of 5 July 2017 APPENDIX B Regional Loan Program Roles and Responsibilities Financial Institution Partner Duties: • Receive customer loan application, and provide all required loan processing as set forth in the contract with Ecology. • Maintain sole and exclusive authority to approve or decline credit according to its internal Credit Policy. • Provide marketing to promote the Regional Loan Program as outlined in the contract with Ecology. • Accept financial responsibility for all loans made through the RLP and perform loan portfolio management. • Comply with relevant state and federal consumer lending requirements. LHJs or Counties Duties: • LHJs and Counties: provide referrals to FIP. • LHJs and Counties: distribute approved marketing materials as needed to owners of failing septic systems. • LJHs: fulfil requirements under WAC 246- 272A regarding septic design review, septic installation, and final approval. ■ LHJs: complete final inspection on septic, and notify the FIP upon request. • LHJs and Counties: Work with Ecology to develop or modify the Program Guidelines. Washington Department of Health Washington Department of Duties: Duties: • Assist with coordination, and technical support, which may include meetings of the oversight structure, consideration of expanded geographic coverage, and future applications for RLP grant and loan funding. • Work with the Regional Loan Partners as necessary to develop or modify the Program Guidelines. Manage contract with FIP to provide loans under the RLP consistent with the Program Guidelines. Maintain communication with the Regional Loan Partners. _ REGIONAL LOAN PROGRAM MEMORANDUM OF UNDERSTANDING Page 5 of 5 July 2017