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Home My WebLink AboutInterlocal Agreement Thurston County - 071221 Ityn -3\-(4-Q1cA INTERLOCAL AGREEMENT BETWEEN JEFFERSON COUNTY AND THURSTON COUNTY, RELATING TO CONDUCTING ELECTIONS THIS AGREEMENT is made and entered into this k,1 day of(AV 2021. The parties ("Parties") to this Agreement are Jefferson Count 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 e%t111 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 Thurs n County, Washington By: t..7 7/42( By: • 16144 '5 1 Kate Dean, hair Date Tye Mens -Z r, Chair Date w Y SEAL: SEAL: io ATTEST: ATTEST: k..({tt) Ci C &tr./ti) 7/2/2 )16k,o,9,A Carolyn Galloway Date Amy Dais Date Clerk of the Board Clerk of the Board Approved as to form only: Approved as to form only: II July 8, 2021 Sli. p^ Philip C. Hunsucker Date Nam4: £rt,LQW t&" Ae.tn cL Date lc/ slat Chief Civil Deputy Prosecuting Attorney Deputy Prosecuting Attorney JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley, Interim County Administrator (- FROM: Rose Ann Carroll, Auditor DATE: jtlyl;}t ''9 c^� 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/r/7-7 Mark McCauley, Int County Administrat Date CONTRACT REVIEW FORM CONTRACT WITH: Thurston County TRACKING NO.: 14\-- Contractor/Consultant) CONTRACT FOR: Elections Continuity of Operations Plan TERM: 4Nn1rv1/4 1 Z'3 (^20 2 4 i :. i ,, CO', .D NTY� EPARTM ' '. AudltorMl'ections E c E iE D ,Il�lu� p_r For More Informatiom'Contact Quinn Grew ell JUL � zit 11'1, C ntact Fho�ie � " �� Ilan ��I� ��'JEFFeR /' Rn P aillli �ii 0 1},SON C UN � `p>�7Tt1�'TU• �� t?t�ll�� rew�ll '��,� ��;��, ° � � 'ITi.IR��I�Y � � ' , Ty ,Ho,,, G,+a,p '(Person in Department)' y '>i?.w. „^° P)MISS ONEHS AMOUNT: No fiscal impact PROCESS: ❑ Exempt from Bid Process ❑ Consultant Selection Process Revenue 0 El Cooperative Purchase Expenditure 0 ❑ Competitive Sealed Bid Matching funds Required 0 ❑ Small Works Roster Source(s) of Matching Funds 0 ❑ Vendor List Bid ❑ RFP or RFQ CJ Other Step 1 : REVIEW BY RISK MANAGEMENT Review by: Date Reviewed: ❑ APPROVED FORM ❑ Returned for revision(See Comments) Comments Electronically approved by Risk Manayernenl on 7/7/2021. Step 2: REVIEW BY PROSECUTING ATTORNEY Review by: Philip C. Hunsucker Date Reviewed: Chief Civil Deputy Prosecuting Attorney ❑ APPROVED AS TO FORM ❑ Returned for revision(See Comments) Comments EIEMi519iPIly aRITRYitiC} Pnikkiig 9211VISIONS & RESUBMITS TO RISK Previouslyrevi ATTORNEY �f��1�2��' � � ��tNG Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit original Contract(s),Agenda Request,and Contract Review form. Also,please send 2 copies of just the Contract(s)(with the originals)to the BOCC Office. Place"Sign Here"markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:30 p.m.TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contract review process.)