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HomeMy WebLinkAboutHood Canal Regional Septic Loan Program Interlocal TerminationCC HOOD CANAL REGIONAL SEPTIC LOAN PROGRAM AGREEMENT TO TERMINATE INTERLOCAL AGREEMENT RE TWEEN Clallam County Jefferson County Kitsap County Mason County Kitsap Public Health District This Mutual Termination Agreement ("Agreement") is entered into between Clallam County, Jefferson County, Kitsap County, Mason County, and the Kitsap Public Health District (collectively "the Pa►tics"). RECITALS WHEREAS, the Parties entered into an Interlocal Agreement for the purpose of participating in a Clean Water (septic) loan program to provide financial assistance to citizens residing within the jurisdictional boundaries of the parties to address water quality issues in Hood Canal caused by onsite sewage systems; WHEREAS, the purpose of the Interlocal Agreement was to establish the joint and cooperative undertaking in connection with the Regional Septic Loan Program; WHEREAS, Section 1.2 of the Interlocal Agreement states that the Interlocal Agreement has no termination date unless funding for the program is fully expended, ends, or is no longer available; WHEREAS, Section 2.5 of the Interlocal Agreement states that the program shall be terminated only when the legislative authorities of the Parties determine that they no longer wish to participate in the Regional Septic Loan Program; WHEREAS, the Washington State Department of Ecology has since developed a statewide Regional Septic Loan Program; WHEREAS, the Interlocal Agreement is no longer necessary to implement the Regional Septic Loan Program after the Centennial Clean Water Program Grant and Clean Water Act Revolving Fund loan ("Revolving fund Loan"), attached as Exhibit I3 to the lnterloeal Agreement, is fully repaid; WHEREAS, the Revolving Fund Loan is anticipated to be repaid in full by June 30, 2022; WHEREAS, no agreement regarding payment of financial responsibilities, collection of loans, division of remaining funds, and ongoing implementation of the program is necessary; and WHEREAS, the parties have now mutually agreed to terminate effective thirty (30) days after the Revolving Fund Loan is filly repaid. ICA AGREEMENT NOW, THEREFORE, the parties agree that the Interlocal Agreement shall terminate thirty (30 ) days after the last loan repayment of the Revolving Fund Loan. Close-out of the Revolving fund Loan means the loan has reached maturity and is fully repaid to the Washington State Department of Ecology. The Agreement is effective upon approval and execution by the parties. Executed this 4�1 day of Ijkt, t.N , 2022 Clallam C inky • By:� Title: Bwrd of Cf to County Cwwnb x4s Executed this —, day of , 2022 Mason County By: Title: .Executed this __ day of___ Kitsap Public Health District By: __ _'—_ Title: 2022 Executed this Ijj Z- ay ofL_�A)!��. 2022 Jeffers Coun Board f o Commissioners By: — --- Title: Heidi Eisenhour, Chair Executed this day of Kitsap County By: — — Title: Approved as to form only by. /A`pproved as to form only: December 9, 2022 ';,•••^ El11�Zhntl4 rti7nley Philip C. Hunsucker, Date Civil Deputy ProseWing Attorney Chief Civil Deputy Prosecuting Attorney Clallam County Jefferson County _ 2022 KC-227-16-B AGREEMENT NOW, THEREFORE, the parties agree that the Interlocal Agreement shall terminate thirty (30) days after the last loan repayment of the Revolving Fund Loan, Close-out of the Revolving Fund Loan means the loan has reached maturity and is fully repaid to the Washington State Department of Ecology. This Agreement may be executed in counterparts, each of which will be deemed an original and all of which constitute only one agreement. Electronic signature, or e-signature, of this Agreement shall be the same as execution of an original ink signature, and electronic or facsimile delivery of signed copy of this Agreement shall be the same as delivery of an original. The Agreement is effective upon approval and execution by the parties. Executed this — day of , 2022 Clallam County By: Title: Executed thisZL day of 2022 Executed this day of . 2022 Kitsap Public Health District By: Title: Executed this _ day of , 2022 Jefferson County M. Title: Executed this — day of , 2022 Kitsap County 0 Title: KPHD 1511 Pop 2 of 2 KC-227-16-B AGREEMENT NOW, THEREFORE, the parties agree that the Interlocal Agreement shall terminate thirty (30) days after the last loan repayment of the Revolving Fund Loan. Close-out of the Revolving Fund Loan means the loan has reached maturity and is fully repaid to the Washington State Department of Ecology. The Agreement is effective upon approval and execution by the parties. Executed this day of _, 2022 Clallarn County LE Title: Executed this _ day of 2022 Jefferson County By: _ Tide: Executed this day of 12022 Executed this day of '2022 Mason County By: Title: Executed this dof 2022 Kitsap �U is ;Ia Z District By: Title: Kittap County By: Title: DATED or ADOPTED this �b day of ��[_ 2023. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, `W' ASHINGTON CHARLOTTE GARRIDO, Chair NOT PRESENT ROBERT GELDER, Commissioner ". �' - 7 - 4 u. t� KATHERINE T. WALTERS, Commissioner ATTEST: Wlo ! / ,.f Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners Mark McCauley, County Administrator FROM: Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney DATE: December 12, 2022 RE: Termination of Interlocal Agreement Between Clallam, Kitsap, Jefferson and Mason Counties and the Kitsap Public Health District for Regional Septic Loan Program STATEMENT OF ISSUE: Clallam, Kitsap, Jefferson and Mason Counties and the Kitsap Public Health District for entered into a Regional Septic Loan Program through an interlocal agreement (ILA). Funding for the program came from the State. The Regional Septic Loan Program was to terminate if funding for the program no longer existed. Subsequently, a statewide program was established and funding for the Regional Septic Loan Program no longer exists. Accordingly, the parties should terminate the Regional Septic Loan Program ILA. ANALYSIS: Since funding for the Regional Septic Loan Program no longer exists, the attached termination should be signed. FISCAL IMPACT: None. RECOMMENDATION: Sign the attached termination. DEPARTMENT CONTACT: Philip C. Hunsucker, Chief Civil DPA at Extension 219 REVIEWED BY: Mark McCaWy, County Administrator (`I Date