HomeMy WebLinkAbout2022.07.25 Council Special Meeting Packet
AGENDA
City Council Special Meeting
7:00 PM - Monday, July 25, 2022
City Council Chambers & GoToWebinar
Page
1. MEETING INSTRUCTIONS for REMOTE ACCESS - Individuals, who would
like to provide public comment remotely, may continue to do so by filling out
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City Council meetings are broadcast live on PSC-TV Channel 191 on
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www.facebook.com/cityofPasco.
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
4. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
3 - 15 (a) Resolution - 2022-2032 Interlocal Cooperation Agreement Mid-
Columbia Libraries
MOTION: I move to approve Resolution No. 4207, approving a new
Interlocal Cooperation Agreement between City of Pasco and Mid -
Columbia Libraries from July 2022 to December 20 32, and further,
authorize the City Manager to execute the Agreement.
5. ADJOURNMENT
6. ADDITIONAL NOTES
(a) (RC) Roll Call Vote Required
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* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
This meeting is broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the
Clerk for assistance.
Servicio de intérprete puede estar disponible con aviso. Por favor
avisa la Secretaria Municipal dos días antes para garantizar la
disponibilidad. (Spanish language interpreter service may be
provided upon request. Please provide two business day's notice
to the City Clerk to ensure availability.)
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AGENDA REPORT
FOR: City Council July 6, 2022
TO: Dave Zabell, City Manager City Council Special
Meeting: 7/25/22
FROM: Zach Ratkai, Director
Administrative & Community Services
SUBJECT: Resolution - 2022-2032 Interlocal Cooperation Agreement Mid-Columbia
Libraries
I. REFERENCE(S):
Resolution
Proposed Interlocal Cooperation Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ____, approving a new Interlocal
Cooperation Agreement between City of Pasco and Mid-Columbia Libraries from
July 2022 to December 2032, and further, authorize the City Manager to execute
the Agreement.
III. FISCAL IMPACT:
July through December 2022 - the monthly cost for libraries services for the
City of Pasco will be $170,998.31 per month.
2023 - Monthly Cost of service for the year 2023 will be calculated based on
the 2022 Contracted Annual Rate ($1,804,602.26) plus 66% of the difference
in the calculated fee based on previous year population as calculated in
accordance with Article X of the Agreement.
IV. HISTORY AND FACTS BRIEF:
On December 3, 2001, the City of Pasco (City) and Mid-Columbia Libraries
(MCL) entered into an Interlocal Cooperation Agreement to provide library
locations and services to the community. A second ILA between the City and
MCL to continue offering library services and provide library facilities to Pasco
residents was approved by Council on June 1, 2010. The term of t he this ILA
commenced on January 1, 2011, and included two extensions of which the
second extension expires on June 30, 2022.
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The MLC Executive Director and Chief Librarian Kyle Cox provided Council with
an update at the May 9, 2022 Council Workshop providing the stats of the Pasco
library users, the needs of those users, as well as the needs of the MLC to
continue to provide services for Pasco residents. Discussion among Council on
cost of services, capital expansion, and term of agreement was brought to the
meeting.
Since that time, staff from the MCL and the City commenced negotiations for a
new ten-year ILA.
On June 27, 2022, at a special Council Meeting, Resolution No. 4195 was
passed approving a 30-day extension of the current ILA with MCL to allow staff
from both the City and MCL additional time to finalize an agreement.
V. DISCUSSION:
Highlights of the new ILA include:
• Outlining a new cost model for payment of library services based on a per
capita cost calculation effective July 1, 2022 per Article X of attached
agreement.
• A term of ten (10) years.
• Capital improvements and expansion of services into Martin Luther King
Neighborhood Center once renovated and expanded.
• Collaboration on a new facility in the western portion of the city, resulting
in of possible and expansion investment, capital further relocation
services from existing.
• Language outlining a mutual agreement to explore annexation of the
Pasco city limits formally into the library district in the future, Article XIV.
The proposal represents a significant increase in annual costs to the City for
library services, but are in line with costs borne by other ci ties within the Mid-
Columbia Libraries District, and will result in increased services and investment
by the District into the City.
Staff recommends the approval of the 2022 -Cooperation 2032 Interlocal
Agreement with the Mid-Columbia Libraries for continued and improved library
services available to Pasco residents.
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Resolution – 2022-2032 ILA for Library Services - 1
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
APPROVING A NEW INTERLOCAL AGREEMENT WITH THE MID-
COLUMBIA LIBRARIES FROM JULY 2022 TO DECEMBER 2032.
WHEREAS, the City of Pasco and Mid-Columbia Libraries entered into an Interlocal
Agreement (ILA) on December 3, 2001, for the purpose of providing library services to the citizens
of the City of Pasco, it was later amended by Addendum dated November 19, 2008, and then
extended by an agreement dated February 16, 2010; and
WHEREAS, a new ILA was entered into on June 7, 2010, for a ten-year period ending on
December 31, 2020, Amendment No. 1, approved by Resolution No. 3996, extended the ILA to
December 31, 2021, Amendment No. 2, approved by Resolution No. 4117, extended the ILA
through June 30, 2022, and Amendment No. 3, approved by Resolution No. 4195, extended the
ILA through July 30, 2022; and
WHEREAS, the Mid-Columbia Libraries is seeking to execute a new Interlocal
Agreement, effective July 1, 2022, and ending on December 31, 2032; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to execute a new the
Interlocal Agreement with Mid-Columbia Libraries.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Manager is authorized to sign and execute the 2022-2032 Interlocal
Cooperation Agreement between the City of Pasco and the Mid-Columbia Libraries for ten and a
half years, a copy of which is attached hereto and incorporated herein by reference as Exhibit A;
and to make minor substantive changes as necessary to execute the Agreement; and
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington this ____ day of
_________, 2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
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INTERLOCAL COOPERATION AGREEMENT
BETWEEN
THE CITY OF PASCO AND
MID-COLUMBIA LIBRARIES
THIS INTERLOCAL COOPERATION AGREEMENT, hereinafter referred to as the
"Agreement", for library services is entered into by and between the City of Pasco, Washington,
hereinafter referred to as "City", and the Mid-Columbia Libraries, hereinafter referred to as
"District", on this ______ day of ___________, 2022.
WITNESSETH:
WHEREAS, District and the City are authorized by RCW 39.34.030(1) to enter into this
Agreement for the purpose of providing library services to the citizens of the City of Pasco, and
District is authorized pursuant to RCW 27.12.180 to render library services to the City providing
to the citizens of the City the same library privileges as those provided for residents of District's
library district; and
WHEREAS, the District and the City have been operating successfully under a Contract
dated June 7, 2010, extended by an agreement dated October 20, 2020, and subsequently extended
by an agreement dated November 22, 2021, and whereby Resolution 4195, extended the ILA
through July 30, 2022, whereby the District has furnished complete library service to the City in
return for funds provided by the City; and
WHEREAS, for the mutual benefit of all, and to give the best library service to the greatest
number of people at the most reasonable cost, and to make it convenient for the City residents to
use library books and other materials by making the most economical use of available funds
through the centralization of supervision and the purchase of supplies, books and other library
materials and equipment; NOW THEREFORE,
IT IS HEREBY AGREED as follows:
I. Termination of Prior Contract: The contract dated June 7, 2010, and its
subsequent extensions now in effect between District and the City shall be terminated as of June
30, 2022 and superseded by this Agreement with an effective date of July 1, 2022.
II. General Conditions: The District agrees that it shall make available to the
residents of Pasco the resources and library services generally available throughout the Library
District, and except as otherwise provided in Section VI herein, to the extent deemed reasonable
and equitable by the District in view of its district-wide service responsibilities. The District further
agrees that the residents of the City are entitled to, and shall receive the same library privileges as
are provided to all residents of the District.
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III. Library Materials: In the provision of books and non-print materials by the
District, the collection for a community library shall depend on the population served, the shelf
space available, the use made of the materials, and the funds available in the district-wide materials
budget. The District has the sole responsibility for the selection and maintenance of such materials.
In addition, the District shall make all decisions regarding disposition of gifted materials and
equipment. Regulations governing the use of the library and its collection will be set by the District.
IV. Library Staff: The District shall provide competent and qualified staff suitable for
rendering library services to the public and shall have sole responsibility for all personnel
administration, including selection, training, discipline and other personnel administrative
functions.
V. Operated Facilities
A. Pasco Library - Main Branch: District shall have full use of the existing
library facility located at 1320 West Hopkins, Pasco, Washington, for the operation of a
public library and for no other purpose, and shall take all reasonable precautions to prevent
damage, injury, or loss by reason of or related to the operation of the library. The District
shall also have use of the furnishings, shelving, and counters, including such replacement
and additional furnishings, equipment and materials purchased by the City.
The facility shall be jointly managed with District having complete authority over
the library services rendered. The City, at its sole expense, will repair and maintain the
facility, including HVAC, heating, air conditioning, plumbing, water, lights, and
reasonable janitorial service and grounds maintenance. The City will also pay for all utility
services, including power, water, sewer, and garbage collection, except for cable and
internet. Notwithstanding the forgoing, District shall be liable for damages to the premises
caused intentionally, negligently, or from misuse by District’s employees.
District shall not make any alterations, additions, improvements, utility installation
(including power panels) to the premises without the prior written consent of the City,
which consent will not be unreasonably withheld.
The City may utilize meeting space in the Main Branch, and the City meeting uses
will have priority over non-District users. Scheduling shall be coordinated with the
designated library staff, so as not to interfere with the District’s normal operations of the
library.
During the term of this Agreement, and any renewal thereof, the Library shall be
identified by exterior lettering as: "Pasco Library Operated by Mid-Columbia Libraries. "
B. Pasco Library - West Branch: The District agrees to rent, staff and
maintain a West Pasco Branch Library at no direct cost to the City, and on such terms as
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are agreeable to the District. The parties understand that this is a temporary measure until
the City is able to provide the District with a substitute facility (hereinafter the “Substitute
West Branch Facility”). The size, location and operating hours of the West Pasco Branch
Library will be determined by the District after consultation with the City. The District
shall have complete authority over the library services rendered at the West Branch.
District and City agree to enter commence a feasibility study and mutual planning
for a new West Branch facility within one (1) year from the commencement of this
agreement.
During the term of this Agreement, and any renewal thereof, the West Pasco
Library shall be identified by exterior lettering as: "West Pasco Library Operated by Mid-
Columbia Libraries," or as mutually agreed upon by the parties.
C. Pasco Library - Martin Luther King Center Branch: The City shall
provide an enclosed, lockable space within the Martin Luther King Center, located at 205
S. Wehe, of suitable size and layout for the operation of a public library. The District shall
have complete authority over the library services rendered at the Martin Luther King Center
Branch, and will staff, stock, and operate the Martin Luther King Center Branch, including
dedicated public computers.
The City, at its sole expense, will repair and maintain the facility, including HVAC,
heating, air conditioning, plumbing, water, lights, and reasonable janitorial service and
grounds maintenance. The City will also pay for all utility services, including power, water,
sewer, and garbage collection, except for cable and internet. Notwithstanding the forgoing,
District shall be liable for damages to the premises caused intentionally, negligently, or
from misuse by District’s employees.
District shall not make any alterations, additions, improvements, utility installation
(including power panels) to the premises without the prior written consent of the City,
which consent will not be unreasonably withheld.
VI. Hours of Service: Regular hours of service will be determined by the District,
taking into account the population served, the use made of the facilities, and the funds available in
the district-wide staff budget, provided, however, the contract fee specified in Section X shall
entitle the City to a minimum of 100 hours total per week of scheduled service among all branches
combined, however, service to the Main Branch shall be not less than 40 hours per week, and
service at the Martin Luther King Center Branch, when opened, shall be not less than 20 hours per
week. Any reduction in the schedule of service below the foregoing hours shall require written
agreement of the parties.
VII. Fire and All Risk Insurance: The City shall maintain, at its sole expense, fire and
all risk casualty insurance upon the premises of the Main Branch, the Martin Luther King Center
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Branch, and the Substitute West Branch Facility as part of its existing blanket insurance policies
for full replacement value, together with all City owned furnishings, equipment, and materials
therein. The District shall procure and, maintain at its expense such insurance as it deems necessary
for the coverage of its materials, equipment, and supplies at the Main Branch, West Pasco
Branch/Substitute West Branch Facility, and Martin Luther King Center Branch, and shall have
no interest in the proceeds of any policy secured by the City for the protection of its property. The
City and District hereby waive the subrogation provisions of any insurance policy issued to either
covering any casualty arising out of the ownership, use, maintenance or operation of either
building or premises, but only to the extent such policy permits such a waiver.
VIII. Liability Insurance: The District shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the District's repair, maintenance, use and/or operation of any of the
District’s Pasco branches.
The City shall procure and maintain for the duration of the Agreement, insurance against
claims for injuries to persons or damage to property which may arise from or in connection with
the City’s repair, maintenance, use and/or operation of the Main Branch facility, the Martin Luther
King Center Branch facility, and the Substitute West Branch Facility. The aforementioned
insurance requirements of the City shall be fulfilled by the City’s membership and coverage in the
Washington Cities Insurance Authority (WCIA), a self-insured municipal insurance pool.
Nothing stated herein shall obligate a party to perform repairs or maintenance that said
party is not otherwise required to perform.
No Limitation: Maintenance of the insurance policies as required by the Agreement shall
not be construed to limit the liability of either party to the coverage provided by such insurance,
or otherwise limit the recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance. Each party shall obtain insurance of the
type described below:
1. Commercial General Liability insurance shall be written on
Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover
premises and contractual liability. The City shall be named as an insured on
District's Commercial General Liability insurance policy using ISO Additional
Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute
endorsement providing equivalent coverage.
2. Property insurance shall be written on an all risk basis.
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B. Minimum Amounts of Insurance. Each party shall maintain Commercial
General Liability insurance with limits no less than $1,000,000 each occurrence,
$2,000,000 general aggregate.
C. Other Insurance Provisions. The insurance policies are to contain, or be
endorsed to contain, the following provisions for Commercial General Liability insurance:
1. The District’s insurance coverage shall be primary insurance with
respect to the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the District's insurance and shall not
contribute with it.
2. Each party’s insurance shall be endorsed such that coverage shall
not be cancelled, except after thirty (30) days prior written notice by certified mail,
return receipt requested, has been given to the other party. However, each party
may change insurance companies without notice to the other party so long as there
is no lapse in coverage and all other insurance requirements of this Agreement are
satisfied.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of not less than A: VII.
E. Verification of Coverage. Each party shall furnish the other with original
certificates and a copy of the amendatory endorsement, including but not necessarily
limited to the additional insured endorsement, evidencing the insurance requirements of
this Agreement.
F. Waiver of Subrogation. District and City hereby release and discharge each
other from all claims, losses and liabilities arising from or caused by any hazard covered
by property insurance on or in connection with the premises or said building. This release
shall apply only to the extent that such claim, loss or liability is covered by insurance.
G. The aforementioned insurance requirements of the City shall be fulfilled by
the City’s membership and coverage in the Washington Cities Insurance Authority
(WCIA), a self-insured municipal insurance pool.
IX. Indemnification.
A. The District shall defend, indemnify and hold harmless the City, its officers,
officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities
for injury or death of any person, or for loss or damage to property, which arises out of the District's
repair, maintenance, use and/or operation of the Pasco branches, or from the conduct of the
District's business, or from any activity, work or thing done, permitted, or suffered by District, its
officers, officials, employees and volunteers whose acts or omissions are the proximate cause of
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the claimed damage, except only such injury or damage shall have been occasioned by the sole
negligence of the City.
B. The City shall defend, indemnify and hold harmless the District, its officers,
officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities
for injury or death of any person, or for loss of damage to property, which arises of out the City 's
repair, maintenance, use and/or operation of the Pasco branches, or from the conduct of the City’s
business, or from any activity, work, or thing done, permitted or suffered, by the City, its officers,
officials, employees and volunteers whose acts or omissions are the proximate cause of the claimed
damage, except only such injury or damage as shall have been occasioned by the sole negligence
of the District.
X. Contract Fee: The parties have agreed to transition to a per capita-based Contract
Fee by which to compensate the District for the aforementioned services over a period of 1.5 years.
The new Per Capita Contract Fee (PCCF) is determined by dividing the annual assessed taxes
[assessed valuation x District levy rate] of the MCL-annexed property within the City of
Kennewick by the total population of said area to develop a per capita rate, then multiplied by the
then-current population of the City. Population will be as determined by the most recent official
population as published by the Washington State Office of Financial Management.
This transition will occur as follows:
(1) The 2022 annual fee shall be adjusted effective July 1, 2022, through December 31,
2022, based on the formulae described above, as follows: The City agrees to pay the
District monthly payments in the amount of $170,998 for this period, representing the
implementation of an increase equal to 33% of the PCCF fee calculation differential.
Exhibit A illustrates how the fee shall be calculated for the remainder of 2022, and
provides an example of the basis by which the fee shall be calculated thereafter.
(2) Commencing January 1, 2023, the City agrees to pay the District an annual fee based
on an increase to 66% of the PCCF fee calculation differential as adjusted for 2023. .
(3) Commencing January 1, 2024, the City agrees to pay the District an annual fee based
on 100% of the PCCF for for 2024, and thereafter, the City shall compensate the
District the per capita-based Contract Fee for each subsequent year during the entire
term of this Agreement.
With the exception of payments made in 2022 (which shall be paid in accordance with
section (1) above), the City shall pay each year’s fee to the District in 12 equal monthly
installments. Each installment shall be paid by the last day of the month in which it becomes due.
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In the event that the monthly installment payment is not paid by the last day of the month
in which it is due, then in addition thereto, as a late charge, the City agrees to pay 1% per month
of the delinquent installment for each month delinquent until paid.
XI. Term of Agreement: Unless earlier terminated, this Agreement shall end
December 31, 2032. Notwithstanding the foregoing, either party may terminate this Agreement to
take effect not less than eighteen (18) months from the date of written notification or immediately
upon annexation of the City into the District. Upon termination, except in case of annexation, all
alterations, improvements, additions, or fixtures made by District to the main branch, other than
District's property, shall become the property of the City and be surrendered with the premises.
XII. Renegotiation: At any time during the last five years of the contract, either party
may request renegotiation of one or more terms of the contract by providing advance written
request to the other party. Such notice shall cite the basis for the request in sufficient detail to
provide the other party a reasonable understanding of the scope of the requested negotiation. The
only obligation created by such notice shall be the obligation to meet and discuss, in good faith,
the basis for the request; however, neither party shall be under any obligation to amend this
Agreement.
XIII. Interlocal Cooperation Act Provisions: No special budget or funds are
anticipated, nor shall be created. It is not intended that a separate legal entity be established to
conduct this cooperative undertaking, nor is the acquiring, holding, or disposing of real or personal
property contemplated, other than as specifically provided within the terms of this Agreement. The
City Manager of the City and the Executive Director of the District shall be designated as the
Administrators of this Interlocal Agreement.
This Agreement shall be filed with the Franklin County Auditor, or alternatively listed by
subject on either Party's website or other electronically retrievable public source.
XIV. Annexation: During the term of the Agreement, upon the written request of either
party, the parties agree to meet and evaluate, in good faith, the potential annexation of the City
into the District, In the event the city determines to initiate a ballot measure for annexation into
the District, the District agrees to provide timely public information upon request by the City.
XV. Miscellaneous:
A. Waiver. The parties agree that time is of the essence of each and every provision
contained herein and no waiver of any breach of any condition or covenant shall waive any other
condition or covenant or any future breach.
B. Illegality. The parties agree that if any provision of the Agreement is declared
illegal or violative of the law, the remaining provisions thereof shall remain in full force and affect.
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C. Entire Agreement. This Agreement contains the entire agreement of the parties and
supersedes and replaces any and all prior or contemporaneous agreements or understandings,
written or oral, express or implied, between the parties concerning the subject matter of this
Agreement.
D. Modification. This Agreement shall not be subject to modification except by
written agreement signed by the parties.
E. Cooperation. The parties agree to fully cooperate in all matters related to or arising
out of this Agreement.
F. Scrutiny. This Agreement has been submitted to the scrutiny of the parties and their
respective legal counsel and shall be given a fair and reasonable interpretation in accordance with
the words hereof without consideration or weight being given to its being drafted by or for one of
the parties.
XVI. Dispute Resolution: Should any dispute arise concerning the interpretation,
enforcement, breach or default of this Agreement, the parties shall first meet in good faith and
attempt to resolve or mediate the dispute. In the event it remains unresolved by mediation, the
dispute shall be resolved by final and binding arbitration pursuant to RCW 7.04A, the Mandatory
Rules of Arbitration, but with no right of appeal. The arbitration shall be conducted by a single
arbitrator selected by mutual agreement of the parties or, failing such agreement, the arbitrator
shall be selected by the then presiding judge of the Franklin County Superior Court. Venue for
such arbitration shall be placed in Franklin County, Washington, and the prevailing party shall be
awarded its attorney fees and costs as additional judgment against the other.
IN WITNESS THEREOF, the said District and the said City have caused this contract
and agreement to be executed by their respective officers on the day and year first written above.
MID-COLUMBIA LIBRARIES CITY OF PASCO
By: ________________________ By: ________________________
Kyle Cox, Executive Director Dave Zabell, City Manager
Attested to by: Attested to by:
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____________________________ ____________________________
Erin Meneely, Operations Director Debby Barham, CMC, City Clerk
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Exhibit A
Calculations for City Cost of Service July 2022-December 2023
2022
Monthly cost for service for the City of Pasco will be $170,998.31 per month beginning July
2022 through December 2022 as calculated in the table below.
2023
Monthly Cost of service for the year 2023 will be calculated based on the 2022 Contracted
Annual Rate ($1,804,602.26) plus 66% of the difference in the calculated fee based on previous
year population as calculated in accordance with Article X of the Agreement.
Annual Divisor: 12 Divisor: 6 Total
2022 Contracted Rate (January - June) 1,557,224.76$ 129,768.73$ -$ 129,768.73$
100% of Per Capita Fee 2,306,853.54$ 192,237.79$ -$
Difference 749,628.78$ 62,469.06$ -$
33% of Difference 247,377.50$ 20,614.79$ 41,229.58$
2022 Contracted Rate (July - December) 1,804,602.26$ 129,768.73$ 41,229.58$ 170,998.31$
150,383.52$
Monthly Payment
Note: Pasco is currently paying $129,768.73 per month per the expiring ILA. In current proposal language, MCL is asking for 33% of the
difference between the current fee and the calculated 2022 per capita fee. As the successor agreement is intended to go into effect July 1,
33% of the difference ($247,377.50) would be applied towards the remaining six months of payments, or $41,229.58 per month, in
addition to the $129,768.73. 6 months @ $129,768.73 + 6 months @ 170,998.31 = $1,804,602.26.
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