HomeMy WebLinkAbout071221ca04 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, Interim County Administrator
FROM: Rose Ann Carroll, Auditor
DATE: � �Y l at 23,9 I
SUBJECT: AGREEMENT re: Elections Continuity of Operations Plan;No Dollar Amount;
Jefferson County Elections, Auditor's Office
STATEMENT OF ISSUE:
Jefferson County Elections Department has developed and maintains an effective Continuity of Operations
Plan(COOP)that identifies a need for an alternative facility for Jefferson County Elections that assures a
safe location for all operations if permanent offices are untenable and provides the capability to maintain all
essential functions.
ANALYSIS:
This Interlocal agreement between Jefferson County and Thurston County will identify Thurston County
Elections as an alternative safe facility to conduct all essential functions in an event that renders the
Jefferson County Auditor's office and alternate county facilities unsustainable.
FISCAL IMPACT:
No fiscal impact.
RECOMMENDATION:
I recommend the board approves the contract.
REVIEWED BY:
9/0—/
Mark McCauley, Int ' County Administrat Date
INTERLOCAL AGREEMENT BETWEEN JEFFERSON COUNTY AND
THURSTON COUNTY, RELATING TO CONDUCTING ELECTIONS
THIS AGREEMENT is made and entered into this day of
2021. The parties ("Parties") to this Agreement are Jefferson County through the
Jefferson County Board of County Commissioners (JC BOCC) and Thurston County
through the Thurston County Board of County Commissioners (TC BOCC), each a
local unit of government of the State of Washington. In the event that a Continuity
of Operations Plan (COOP) is activated and such event renders the Jefferson County
Auditor's Office and alternate county facilities unsustainable for the purposes of
elections, TC BOCC and the Thurston County Auditor is authorizing use of Thurston
County Election Facilities for the Jefferson County Elections Division.
WHEREAS, the Jefferson County Auditor (JC Auditor) and the Thurston County
Auditor (TC Auditor) routinely run elections; and
WHEREAS, the JC Auditor has developed and maintains effective Continuity of
Government and Continuity of Operations Plans. These Plans identify the Auditor's
essential functions and personnel, the preservation of vital records, plan
implementation and notification procedures, alternate facilities, and plan
maintenance; and
WHEREAS, the Thurston County Elections is an alternate facility for Jefferson
County Elections and assures a safe location for operations if permanent offices are
untenable, provides the capability to maintain essential functions, and serves as a
communication center for contact with all levels of government, the public, and
media; and
WHEREAS, the JC Auditor has an effective COOP which can be implemented with
and without warning, become operational within 12 hours after activation, and
sustain operations for up to 30 days; and
WHEREAS, RCW 39.34.080 and other Washington law, as amended, authorizes any
local unit of government to enter into an interlocal agreement to permit another
government entity to perform any governmental service, activity or undertaking
which either entity is authorized by law to perform; and
WHEREAS, the governing bodies of each of the parties hereto have determined to
enter into this Agreement as authorized and provided for the Interlocal Cooperation
Act, codified at Chapter 39.34 RCW, and other Washington law, as amended.
NOW THEREFORE, in consideration of the mutual terms, provisions and obligations
contained herein, it is agreed by and between the parties as follows:
1. TERM. This Agreement shall be in effect until December 31, 2026 following
the approval of the Agreement by the official action of the JC Auditor and the
TC Auditor and the signing of the Agreement by the duly authorized
representative of the Parties. This Agreement may be extended for additional
periods of time upon mutual written agreement of the parties.
2. TERMINATION. Either Party may terminate its obligations under this
Agreement upon 90 days advance written notice to the other Party and subject
to the following condition: Following a termination, the Parties are mutually
responsible for fulfilling any outstanding obligations under this Agreement
incurred prior to the effective date of the amendment or termination.
3. ELECTIONS.
a. TC Auditor's Responsibilities: The TC Auditor agrees to (a) provide space
and a minimum of services (access to a computer, telephone, electric power,
basic furniture, etc.) at the Thurston County Elections Facility as need for
Jefferson County Elections to continue to conduct essential operations; (b)
provide the means for access to the elections facilities and security during
emergency operations; (c) provide support when deemed necessary by both
Parties; and (d) cooperate and collaborate with JC Auditor and provide JC
Auditor with clear protocols for communication.
b. JC Auditor's Responsibilities: The JC Auditor agrees to be responsible for
(a) notifying the TC Auditor, Elections Manager, and designees when the
COOP and emergency relocation is activated; (b) providing the details of
activation; (c) advising the managers and designees of the plans to conclude
the emergency status and return to normal operations; (d) all aspects of the
Election according to their election processes set forth in title 29A RCW and
title 434 WAC, including but not limited to required election notices, ballot
issuance, ballot processing, ballot inspection, statutory tests and audits,
tabulation, results reporting, election certification, and archiving of election
materials; and (b) for following appropriate protocols and operate 'with
transparency and clarity in communicating with the TC Auditor when
necessary.
4. BUDGET. Each party shall be responsible for their own budgets in
implementing this Agreement.
5. NO SEPARATE LEGAL ENTITY. No separate legal entity is created by this
Agreement.
6. NO ACQUISITION, HOLDING OR DISPOSING OF PROPERTY. This
Agreement does not involve acquiring, holding or disposing of real or personal
property.
7. GENERAL PROVISIONS.
a. Entire Agreement. This Agreement contains all of the agreements of
the Parties with respect to any matter covered or mentioned in this Agreement
and no prior agreements shall be effective for any purpose.
b. Filing. A copy of this Agreement shall be filed with the JC Auditor and
filed with the TC Auditor.
c. Records. Both Parties shall maintain adequate records to document
obligations performed under this Agreement. Both parties shall have the right
to review the other Party's records with regard to the subject matter of this
Agreement upon reasonable notice. Such rights last for six (6) years from the
date of permit issuance for each specific development subject to this
Agreement.
d. Amendments. No provision of this Agreement may be amended or
modified except by written agreement signed by the Parties.
e. Severability. If one or more of the clauses of this Agreement is found to
be unenforceable, illegal, or contrary to public policy, the Agreement will
remain in full force and effect except for the clauses that are unenforceable,
illegal, or contrary to public policy.
f. Successors in Interest. Subject to the foregoing Subsection, the rights
and obligations of the Parties shall inure to the benefit of and be binding upon
their respective successors in interest, heirs, and assigns.
g. Applicable Law. Washington law shall govern the interpretation of this
Agreement. Jefferson County shall be the venue of any arbitration or lawsuit
arising out of this Agreement.
h. Authority. Each individual executing this Agreement on behalf of the
County represents and warrants that such individuals are duly authorized to
execute and deliver the Agreement on behalf of the County.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
IN WITNESS THEREOF, the Parties have executed this Agreement.
JEFFERSON COUNTY WASHINGTON THURSTON COUNTY,WASHINGTON
Board of County Commissioners Board of County Commissioners
Jefferson County, Washington Thurston County, Washington
By: By:
Kate Dean, Chair Date Tye Menser, Chair Date
SEAL: SEAL:
ATTEST: ATTEST:
Carolyn Galloway Date Amy Davis Date
Clerk of the Board Clerk of the Board
Approved as to form only: Approved as to form only:
July 8, 2021
Philip C. Hunsucker Date Name: Date
Chief Civil Deputy Prosecuting Attorney Deputy Prosecuting Attorney