HomeMy WebLinkAboutResolutiontoAmendInterlocalCityofEburgKITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
AGENDA STAFF REPORT
AGENDA DATE: June 20, 2017
ACTION REQUESTED: Authorize Board Signature Amending the Existing
Interlocal Agreement with the City of Ellensburg for
Sharing Resources (Auditor file number 200202270012)
BACKGROUND: During the past several years, Public Works from both
organizations have struggled with getting bills produced
within 30 days as required by the current Resource Sharing
interlocal agreement. The two Public Works Directors
(Lyyski and Cook) both agree eliminating the requirement
is in the best interest of both organizations. Public Works
Fiscal Manager Jurgens concurs with the decision
amending the current agreement to eliminate the 30 day
billing provision (Section 2b).
The proposed amendment also eliminates applying a 15%
markup for materials and contractor/consulting services.
Complete cost recovery for labor and fringe benefits is
maintained in the proposed amendment.
INTERACTION: Public Works; City of Ellensburg
RECOMMENDATION: Amend the existing Resource Sharing interlocal eliminating
the 30 day billing requirement.
HANDLING: Return one original to Public Works
ATTACHMENTS: Exhibit 1: Resolution Amending the current agreement
Exhibit 2: Original Agreement
LEAD STAFF: Mark R. Cook, Director
COUNTY RESOLUTION NO. 2017 -
AND
CITY RESOLUTION NO. 2017 -
TITLE: A Joint Resolution between Kittitas County (a political subdivision of
the State of Washington, hereinafter "County") and the City of Ellensburg (a
municipal corporation of the State of Washington, hereinafter "City") amending the
Compensation Section (Section 2) of the Interlocal Agreement for sharing resources
dated February 19, 2002 (auditor's file number 200202270012).
THIS AGREEMENT is made and entered into this _ day of , 2017, by and
between THE CITY OF ELLENSBURG (hereinafter called the "CITY") and KITTITAS
COUNTY, (hereinafter called the "COUNTY").
WHEREAS, the CITY and COUNTY entered into an AGREEMENT on March 2,
2002 for the purposes of sharing resources, (the AGREEMENT); and
WHEREAS, the CITY AND COUNTY mutually desire to amend the compensation
section of AGREEMENT (Section 2);
NOW, THEREFORE, in consideration of the above representations and the terms,
conditions, covenants, and agreements set forth below, the parties hereto agree as follows:
Section 2. Compensation and Method of Payment. A. Shall be revised to read as follows:
A. The party requesting services agrees to reimburse the performing party for the costs of
the service, based upon the actual cost of labor, equipment rental, engineering, materials
and supplies used in the particular work involved, plus all costs for fringe benefits to
labor, including but not limited to: social security, retirement, industrial and medical aid
costs, pro -rated sick leave, holidays, vacation time, and group medical insurance.
B. In addition thereto, fifteen percent (15%) of the total costs defined in Section 2A
above shall be added for overhead costs for accounting, billing and administrative
services. Fifteen percent will not be applied for material or contracting/consulting costs.
Except as modified herein, the original AGREEMENT shall remain in effect.
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NOW, THEREFORE, THE KITTITAS COUNTY BOARD OF COUNTY
COMMISSIONERS and THE CITY COUNCIL OF THE CITY OF ELLEVSBURG,
WASHINGTON DO HEREBY RESOLVE AS FOLLOWS:
Passed and adopted by the Kittitas County Board of Commissioners, this day of
June, 2017.
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Paul Jewell, Chairman
Laura Osiadacz, Vice -Chairman
Obie O'Brien, Commissioner
Attest:
❑ Clerk of the Board- Julie Kjorsvik
❑ Deputy Clerk of the Board- Mandy Buchholz
CITY OF ELLENSBURG:
Rich Elliott, Mayor
Attest:
Coreen Reno, City Clerk
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INTERLOCAL AGREEMENT FOR PROVISION
.OF MUNICIPAL SERVICES
This Agreement is made and entered into this L%, day ofr
2002, by and between the City of Ellensburg, a municip 1
corporation (hereinafter the "City"), and Kittitas County, a
political subdivision of the State of. Washington (hereinafter the
"County").
WHEREAS, the City desires to contract with the County to have the
County perform public works, engineering, maintenance and utility
services when sufficient City resources are ,not available to
provide such services, and
WHEREAS, the County desires to, contract with the City to have the
City perform public works, engineering, maintenance and utility
services when sufficient County resources are not available to
provide. such services, and'
WHEREAS, this Agreement for cooperative services is authorized by
the provisions of Chapter 39.34 RCW, the Interlocal Cooperation
Act,
NOW, THEREFORE, it is hereby agreed as follows:
1. Purpose. The purposeof this Agreement is to enable the parties
to perform such services and accomplish such tasks, including the
furnishing of all labor, equipment, materials and supplies
necessary for full performance, as. may be requested of one party by
the other with regard to municipal public works, engineering,
maintenance and utility services. For each project or service to
be performed under this Agreement, the party requesting work to be
performed by the other party shall make written application to such
party. In each instance, the party whose services are being
requested reserves the right to deny or approve the request.
2. Compensation and Method of Payment.
A. The party requesting services agrees to reimburse the
performing party for the costs of the service, based upon the
actual cost of labor, equipment rental, engineering, materials and
supplies used in the particular work involved, plus all costs for
fringe benefits to labor, including but not limited to: social
security, retirement, industrial and medical aid costs, pro -rated
sick leave, holidays, vacation time, and group medical insurance.
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In addition thereto, fifteen percent (15%) of the total costs shall
be added for overhead costs for accounting, billing and
administrative services.
B. The party performing the services shall submit to the party
receiving the services an invoice of the costs within thirty (30)
days after completion of the services. Within thirty (30) days
after receipt 'of such invoice the latter party shall pay the amount
of the invoice,
3. Maintenance of Records. Each party hereto.agrees to maintain
books, records and documents using accounting procedures which
accurately reflect all direct and indirect costs related to the
performance of services under this Agreement. Each party may
examine the other party's books and records to verify the accuracy
of invoices. Each party's fiscal management system shall include
the capability to provide accurate and complete disclosure of all
costs invoiced under this Agreement.
4. Indemnification.
A. The City shall indemnify, defend and hold harmless the
County, its agents, employees and officers from any: and all
liability arising out of the performance of this Agreement by the
City, whether by act or omission of the City's agents, employees or
officers.
B. The County shall indemnify, defend and hold harmless the
City, its agents, employees and officers from any and all liability
arising out of the performance of this Agreement by the County,
whether by act or omission of the County's agents, employees or
officers.
S. Insurance. Each party agrees to procure and maintain in full
force and -effect for the duration of this Agreement public
liability and property damage insurance with limits of liability
not less than $1,00o,000.
G. Assignment. This Agreement cannot be assigned, transferred or
any portion subcontracted by either party hereto without the prior
written consent of the other party.
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Kittltaa Co Auditor KITTITAS COUNTY COMM AOR 13.00
7. Future Support. Neither party to this Agreement makes any
commitment to future support and assumes no obligation for future
support of any activity contracted for herein, except as may be
expressly set forth in this Agreement.
B. Compliance with Laws. Each party hereto, .in its performance
of this Agreement, agrees to comply with all applicable local,
State, and Federal laws and ordinances.
9. Relationship of the Parties.
A. No agent, -employee or representative of the* City shall be
deemed to be an agent, employee or representative of the County for
any purpose, and the employees of the City are not entitled to any
of the benefits the County provides to County employees. No agent,
employee or representative of the County shall be deemed to be an
agent, employee or representative of the City for any purpose, and
the employees of the County are not entitled to any of the benefits
the City provides to City employees.
B. In the performance of the work herein contemplated, the
party performing the work is an independent contractor with the
authority to control and direct the performance of the details of
the work; however, the work contemplated herein shall be subject.to
the general rights of inspection and review of the party requesting
the work be done, to secure the satisfactory completion thereof.
10. Disputes. If a dispute arises between the parties concerning
this Agreement, the director of the City's public works department
and the director of the County's public works department shall
attempt to resolve the dispute. If they are unsuccessful, the
dispute shall be referred to the City Manager and the Chair of the
Board of County Commissioners for resolution. I.f not .resolved by
the Manager and Chair within thirty (30) days of referral, either
party may pursue court action under paragraph 11 below.
11. Jurisdiction. Any legal dispute between the parties to this
Agreement shall be governed by the laws of the state of Washington,
and any action to enforce this Agreement shall be brought in
Kittitas County, Washington.
12. Modification. The provisions of this Agreement may be modified
or amended only by written mutual consent'of the parties.
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13. Duration and Termination. This Agreement shall commence and be
effective on March 1, 2002, and remain in full force and effect
until terminated by agreement of the parties, or by written notice
of termination given by one party to the other at least thirty (30)
days prior to the date of such termination.
14. Filing. This Agreement shall be filed with the Kittitis County
Auditor.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed as of the date first written above.
CITY OF ELLLE,NSBURG
Stan Bassett, Mayor
At stg:`
City Clerk
Approved as to form:
ty Att ney
ME
KITTITAS COUNTY
� � n
Chair, BoardChair, Board of Commissioners
Commissioner
App ro as to fo m:
P se uting At rneyC OP--�,,
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