HomeMy WebLinkAboutWashington State, Department of Health and Washington State, Department of Ecology (filed under DOH) - 110617MEMORANDUM 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 I 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.
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Kathleen kler, Chair Date
Jefferson County Board of County Commissioners
A oved zis tp form:
e. A`� o c, Date: /- /�
Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney
Jefferson County Prosecuting Attorney's Office
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
LHJs or Counties
Duties:
Duties:
• Receive customer loan application, and provide
• LHJs and Counties: provide referrals to FIP.
all required loan processing as set forth in the
• LHJs and Counties: distribute approved
contract with Ecology.
marketing materials as needed to owners of
• Maintain sole and exclusive authority to
failing septic systems,
approve or decline credit according to its
• LJHs: fulfil requirements under WAC 246 -
internal Credit Policy.
272A regarding septic design review, septic
• Provide marketing to promote the Regional
installation, and final approval.
Loan Program as outlined in the contract with
• LHJs: complete final inspection on septic, and
Ecology.
notify the FIP upon request.
• Accept financial responsibility for all loans
• LHJs and Counties: Work with Ecology to
made through the RLP and perform loan
develop or modify the Program Guidelines.
portfolio management.
• Comply with relevant state and federal
consumer lending requirements.
Washington Department of Health
Washington Department of Ecology
Duties:
Duties:
• Assist with coordination, and technical support,
• Work with the Regional Loan Partners as
which may include meetings of the oversight
necessary to develop or modify the Program
structure, consideration of expanded geographic
Guidelines.
coverage, and future applications for RLP grant
• Manage contract with FIP to provide loans
and loan funding.
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
615 Sheridan Street
Port Townsend, WA 98368
Afehson www.JeffersonCountyPublicHealth.org
Public Healt 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: 1I 1 (Q (.2,01
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 IMPACT/COST 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:
l
Phi i orIey, C Zely
Adminitrato Date
Community Health Environmental Health
Developmental Disabilities Water Quality
360-385-9400 360-385-9444
360-385-9401 (f) Always working for a safer and healthier community (f) 360-379-4487
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615 Sheridan Street
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Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
Public Heacilt
� 12017 EH -17-017
SEP CONTRACT REVIEW FORM
CONTRACT WITH: Wa. State Dept. of Health and Wa. State Dept. of Ecology
CONTRACT FOR: On-site sewage system loan program TERM: Upon signature - Until terminated
COUNTY DEPARTMENT: Jefferson County Public Health
For More Information Contact: Stuart Whitford
Contact Phone #: X411
RETURN TO: Jenny Matter RETURN BY: ASAP
AMOUNT: $0
Revenue:
Expenditure:
Matching Funds Required:
Source(s) of Matching Funds:
Step 1: REVIEW BY RIS
Review by:
Date Reviewer
APPROVED FORM
Comments:
PROCESS: ❑ Exempt from Bid Process
❑ Consultant Selection Process
❑ Cooperative Purchase
❑ Competitive Sealed Bid
❑ Small Work Roster
_ ❑ Vendor List Bid
❑ RFP or RFQ
9 Other: MOU
Returned for revision (See Comments)
Step 2: REVIEW BY PROSE9,9TINGEY
Review by: • C
F f_'4
Date Reviewed:
APPROVED AS TO FORMReturned for revision (See Comments)
Comments:
(This form to stay with contract throughout the contract review process)
Community Health
Developmental Disabilities
360-385-9400
360-385-9401 (f)
Always working for a safer and healthier community
Environmental Health
Water Quality
360-385-9444
(f) 360-379-4487