HomeMy WebLinkAboutRes-2017-203 Interlocal Kittitas ID CardsWhereas,
Whereas,
Whereas,
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
A RESOLUTION RATIFYING VICE-CHAIRPERSON SIGNATURE ON AN
INTERLOCAL AGREEMENT WITH THE CITY OF KITTITAS FOR THE
PRODUCTION OF EMPLOYEE 10 CARDS
RESOLUTION NO. 2017 -: d O$-
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Chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes public agencies to
enter into agreements for mutually advantageous joint or cooperative action;
and
Kittitas County and the City of Kittitas are public agencies within the meaning of
chapter 39.34 RCW; and
The City of Kittitas County has requested that the Kittitas County HR Department
produce Employee Identification Cards and have agreed to the terms of an
Interlocal Agreement, which was approved by the Board on December 13, 2017;
NOW, THEREFORE, BE IT RESOLVED, the Kittitas County Board of County Commissioners ratifies
the execution of the Interlocal Agreement with the City of Kittitas, attached hereto, and
incorporated herein by this reference.
APPROVED, this 19th day of December, 2017, at Ellensburg, Washington .
ABSENT
Obie O'Brien, Commissioner
INTERLOCAL COOPERATIVE AGREEMENT .
BETWEEN KITTITAS COUNTY AND
THE CITY OF KITTITAS FOR THE PRODUCTION OF
EMPLOYEE IDENTIFICATION CARDS
THIS AGREEMENT is made and entered into by and between Kittitas County, through
the Kittitas County Human Resource Department (KCHR), and the City of Kittitas (the
City) pursuant to the authority granted by Chapter 39.34 RCW, INTERLOCAL
COOPERATION ACT.
ARTICLE I
PURPOSE
1.01 PURPOSE. The purpose of this agreement is to utilize the services and
equipment maintained by KCHR, specifically equipment, materials, and
personnel associated with the production of employee identification cards for the
development, creation, production, re-production, and replacement of employee
identification cards for the City's employees.
It is also the purpose of this agreement to establish the terms and conditions of
payment by the City to KCHR for such services and deliverables.
ARTICLE II
RESPONSIBILITIES OF KCHR
2.01 Under the terms of this agreement, KCHR agrees to provide the following
services:
A. To work with the entity on design, layout, and functionality of the City's
employee identification cards, within the parameters and scope of the
existing capabilities of KCHR, absent a clear agreement reached between
the parties as to the cost allocation of differing equipment or materials
agreed to that are beyond the current existing KCHR program;
B. Upon completion of the design phase, to maintain the design and
consistency of the City's employee identification cards , and not to change
same absent the express written directions of the City;
C. To produce at the request of the City employee identification cards for
authorized employees. KCHR shall have one point of contact (may be more
than one person, but must be one authority) for authorization for the
production of employee identification cards, and in no event shall individual
employees contact KCHR to request the production, reproduction, or
INTERLOCAL AGREEMENT
Page 1 of 7
replacement of an employee identification card -all such requests must
come from the point of contact identified by the City;
D. To keep an accurate log of employee identification cards made for the City,
including a designation of those that are original employee identification
card, replacement identification card, or upon new design approval and
implementation, information as to the number of new cards issued as
reproductions or to commence a new log sequence; and
E. To provide a billing statement of the services performed and materials used,
which will be calculated on a flat fee per card basis, not including initial
design work, which will entail a separate design fee, dependent upon time
required to be spent working to reach an agreement on a design for the
employee identification cards for the City.
ARTICLE III
RESPONSIBILITIES OF THE CITY
3.01 The City shall consult with and work with KCHR to design the employee
identification card within the parameters of the existing KCHR employee
identification card system. Should the City desire a card design that is not
currently within the specifications of the existing KCHR employee identification
card system, a clear agreement must be reached between the parties as to the
cost allocation of differing equipment or materials; and
3.02 The City shall be solely responsible for appointing the appropriate authority to
communicate with the KCHR on all facets of program administration, including
identification of person or persons with design authority , card authorization
authority, replacement authority, re-design authority, and payment authority . The
City shall have sole authority for the provision of names and proper spelling to
KCHR, and KCHR shall not be responsible for determining who should or should
not be issued an employee identification card, or for incorrect spelling of names ,
except to the extent that provided the correct spelling and an error took place
after receipt by KCHR.
ARTICLE IV
DURATION AND RENEWAL OF AGREEMENT
4.01 DURATION AND RENEWAL. This Agreement shall be effective when executed
by both parties and shall continue for the calendar year 2018 , ending December
31 St. 2018 . Both parties can annually review this agreement for renewal for the
following year. Compensation for services and materials are subject to
adjustment on an annual basis, as necessary, and by agreement of the parties
as evidenced by the execution of a new agreement.
INTERLOCAL AGREEMENT
Page 2 of 7
ARTICLE V
COMPENSATION TO KCHR
5.01 INITIAL ORDER: The City shall pay a design fee for the original employee
identification card set-up in the amount of $10 prior to work beginning. If the
design is complicated or requires extensive modifications, additional fees will be
allocated on an hourly basis at a rate equal to the current hourly rate of the
KCHR employee responsible for producing the ID cards. The City shall provide a
logo in electronic format if one is desired. KCHR will not create a logo for the
agency or group. Following completion of the design phase, the City shall provide
an accurate employee list to KCHR for creation of the initial batch of employee
cards. Prior to the production, one card will be printed , and the appointed
authority from the City shall sign a photo copy of the printed card acknowledging
approval of layout and content. At that time, the City shall pay % of the total
anticipated costs for production, with the remainder due upon completion of the
entire order of employee cards (see FEES below).
5.02 REPRINTS/ADDITIONAL CARDS: If the City should need replacement cards
due to loss or damage, or new cards for additional staff, the request must be
made in writing. The same per-card cost will apply (see FEES below) and
payment will be due upon receipt. If the City should request re-design of their
existing card format, a per hour re-design fee equal to the current hourly rate of
the KCHR employee responsible for producing the ID cards will be charged. The
same per-card fee will apply. Simple changes such as an update to the agency
phone or address will not be subject to a re-design fee; however printing new
cards will be at the same per-card rate .
5.03 FEES :
A. Initial Design: $10
B. Re-Design: Current hourly rate of the KCHR employee responsible for
producing the ID cards
C. Complicated Design or Multiple Modifications: Current hourly rate of the
KCHR employee responsible for producing the ID cards, in addition to the
initial design fee
D. Per-Card Fee (non-prox): $5
Any fees associated with reprints due to errors or omissions made by the City,
will be the responsibility of the City.
INTERLOCAL AGREEMENT
Page 3 of 7
The City will obtain ownership of an ID card when the City has paid to the County
any fees applicable to that specific ID card. Upon termination of this Agreement,
the City will retain ownership of aliiD cards for which it has paid for.
ARTICLE VI
PERFORMANCE OF AGREEMENT
The KCHR and the City hereby jointly agree to the following :
6.01 COMPLIANCE WITH ALL LAWS. Each party shall comply with all federal, state,
and local laws, rules, regulations and ordinances applicable to the performance
of this Agreement, including without limitation, all those pertaining to wages and
hours, confidentiality, disabilities, and discrimination.
6.02 MAINTENANCE AND AUDIT OF RECORDS. Each party shall maintain books,
records, documents and other materials relevant to its performance under this
Agreement. These records shall be subjected to inspection, review and audit by
either party or its designee, and the Washington State Auditor's Office. Each
party shall retain all such books, records, documents and other materials for the
applicable retention period under federal and Washington law.
6.03 TREATMENT OF ASSETS AND PROPERTY. No fixed assets or personal or
real property will be jointly or cooperatively, acquired, held, used, or disposed of
pursuant to this Agreement.
6.04 IMPROPER INFLUENCE. Each party agrees, warrants and represents that it
did not and will not employ, retain or contract with any person or entity on a
contingent compensation basis for the purpose of seeking, obtaining, maintaining
or extending this Agreement. Each party agrees, warrants and represents that no
gratuity whatsoever has been or will be offered or conferred with a view towards
obtaining, maintaining or extending this Agreement.
6.05 CONFLICT OF INTEREST. The elected and appointed officials and employees
of the parties shall not have any personal interest, direct or indirect, which gives
rise to a conflict of interest.
ARTICLE VII
INDEMNIFICATION
7.01 INDEMNIFICATION. Each party agrees to be responsible and assume liability
for its own wrongful and/or negligent acts or omissions or those of their officials,
officers, agents, or employees to the fullest extent required by law, and further
agrees to save, indemnify, defend, and hold the other party harmless from any
INTERLOCAL AGREEMENT
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such liability. It is further provided that no liability shall attach to the parties by
reason of entering into this contract except as expressly provided herein.
ARTICLE VIII
DISPUTES
8.01 TIME. Time is of the essence of this Agreement
8.02 GOVERNING LAW AND VENUE. This Agreement shall be governed
exclusively by the laws of the State of Washington. The Kittitas County Superior
Court shall be the sole proper venue for any and all suits brought to enforce or
interpret the provisions of this Agreement.
8.03 ATTORNEY'S FEES. If any legal action or other proceeding is brought for the
enforcement of this Agreement, or because of an alleged dispute, breach,
default , or misrepresentation in connection with any of the provisions of this
Agreement, each party shall pay its own attorney's fees incurred in that action,
arbitration or proceeding.
ARTICLE IX
TERMINATION
9.01 TERMINATION. Any party hereto may terminate this Agreement upon thirty (30)
days notice in writing either personally delivered or mailed postage-prepaid by
certified mail, return receipt requested, to the party's last known address for the
purposes of giving notice under this paragraph. If this Agreement is so
terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective
date of termination.
ARTICLE X
GENERAL PROVISIONS
10.01 CHANGES, MODIFICATIONS, AMENDMENTS AND WAIVERS . This agreement
can be reviewed and mutually amended in writing as needed by the board
members of the participating parties. Any waiver of a term or condition of this
Agreement shall apply only to the specific act, occurrence or omission and shall
not constitute a waiver as to any other term or condition or future act, occurrence
or omission. Waiver or breach of any term or condition of this Agreement shall
not be considered a waiver of any prior or subsequent breach.
10.02 ASSIGNMENT. Neither party may assign its rights or delegate its duties under
this Agreement, whether by assignment, further, subcontract or other means.
INTERLOCAL AGREEMENT
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Any such attempted assignment or delegation shall be void and shall constitute a
material breach of this Agreement.
10.03 SEVERABILITY. In the event any term or condition of this Agreement or
application thereof to any person or circumstances is held invalid , such invalidity
shall not affect other terms, conditions or applications of this Agreement which
can be given effect without the invalid term, condition, or application. To this end
the terms and conditions of this Agreement are declared severable.
10.04 ENTIRE AGREEMENT. This Agreement contains all the terms and conditions
agreed upon by the parties. All items incorporated herein by reference are
attached. No other understandings, oral or otherwise, regarding the subject
matter of this Agreement shall be deemed to exist or to bind any of the parties
hereto.
10.05 FILING. Pursuant to RCW 39.34.040, This Agreement shall be filed with the
Kittitas County Auditor or, alternatively, posted on the County's website.
IN WITNESS WHEREOF, the parties have executed this Agreement thisl ::;1:!1d ay
of ~1 '1~C--22.(
Kittitas County Board of Commissioners
ATIEST :
INTERLOCAL AGREEMENT
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Date: /0"1..1 {p 117 , .
Date: 10-' l "6 ' l l-