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HomeMy WebLinkAbout3986 Resolution - ILA with Franklin County for Use of Van for Litter AbatementRESOLUTION NO. 3986 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE AN INTERLOCAL AGREEMENT WITH FRANKLIN COUNTY FOR THE USE OF A VAN FOR THE MUNICIPAL COURT'S COMMUNITY LITTER CLEAN-UP PROGRAM. WHEREAS, the City of Pasco's Municipal Court has a need for a new van for its Community Litter Clean-up Program; and WHEREAS, the City of Pasco, Washington and Franklin County, Washington desire to enter into this interlocal agreement for efficiency and cost effectiveness for the City of Pasco's Municipal Court Community Litter Clean-up Program; 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 enter into an agreement with Franklin County for the use of a 12-passanger van through December 31, 2029 or the end of the useful life of the van provided, whichever occurs first, unless terminated in writing by either party consistent within termination provisions within the interlocal agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. That the City Council of the City of Pasco approves of the terms and conditions of the Interlocal Agreement between the City of Pasco and Franklin County, Washington, as attached hereto and incorporated herein as Exhibit A; and Section 2. The City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to sign and execute said Agreement on behalf of the City of Pasco. PASSED by the City Council of the City of Pasco, Washington this 21 st day of September, 2020. Saul Martinez Mayor ATTEST: Debra Barham, CMC City Clerk Resolution — ILA for Use of Van for Municipal Court - 1 APPROVED AS TO FORM: errer aw. PLLC City orney EXHIBIT A INTERLOCAL COOPERATIVE AGREEMENT BETWEEN FRANKLIN COUNTY AND CITY OF PASCO FOR EQUIPMENT THROUGH DEPARTMENT OF PUBLIC WORKS SOLID WASTE DIVISION THIS AGREEMENT is made and entered into by and between Franklin County (Hereinafter "County") with its principal offices located at 1016 N 4th Avenue, Pasco, Washington, 99301, by and for the Franklin County Public Works Department Solid Waste Division, and the City of Pasco (hereinafter "City"), with its principal offices located at 525 N 3rd Avenue, Pasco, Washington, 99301, by and for the City of Pasco Municipal Court Offender Program, pursuant to the authority granted by Chapter 39.34 RCW, INTERLOCAL COOPERATION ACT. ARTICLE 1 • PURPOSE The purpose of this Agreement is to set forth the terms and conditions under which the County may provide equipment and/or services to the City; services rendered shall be with the coordination of both governing parties. ARTICLE 2 • ADMINISTRATION AND ORGANIZATION The following individuals are designated as representatives of the respective parties. The representatives shall be responsible for administration of this Agreement and for coordinating and monitoring performance under this Agreement. In the event such representatives are changed, the party making the change shall notify the other party. The County's representative shall be the Public Works Director, or his/her authorized designee. • The City's representative shall be the Court Administrator, or his/her authorized designee. This Agreement is entered into pursuant to Chapter 39.34 RCW as an interlocal agreement between the parties. Each party shall be solely responsible for all costs, materials, supplies, and services necessary for their performance under the terms of this Agreement. All property and materials secured by each party in the performance of this Agreement shall remain the sole property of that party. All funding incident to the fulfillment of this Interlocal Agreement shall be borne by each party necessary for the fulfillment of their responsibilities under the terms of this Agreement. No special budgets or funds are anticipated, nor shall be created incident to, this Interlocal Cooperation Agreement. It is not the intention that a separate legal entity be established to conduct the cooperative undertakings. A copy of this Interlocal Agreement shall be filed with the Franklin County Auditor, or posted on the City or County website, as provided by Chapter 39.34 RCW. ARTICLE 3 • DURATION AND RENEWAL OF AGREEMENT This Agreement shall be effective when executed by both parties' authorized representatives and shall continue until December 31, 2029 or the end of the useful life of the equipment provided, whichever occurs first, unless terminated in writing by either party consistent with the termination provisions of this Agreement. ARTICLE 4 • SCOPE OF WORK This Agreement shall provide for the City's use of a twelve (12) passenger van to be purchased and provided by the County through the Community Litter Cleanup Program Tools and Trucks Grant Program. As the Solid Waste Authority for Franklin County, the County shall: Purchase a twelve (12) passenger van, utilizing grant funding provided by the Washington State Department of Ecology (DOE) through the Community Litter Cleanup Program Tools and Trucks grant program at a cost, not to exceed, of $34,000. Provide to the City said 12 passenger van for the City's Community Litter Cleanup Program within the City's Municipal Court Offender Program. Submit the required quarterly reimbursement reports for the Community Litter Cleanup Program to the DOE on behalf of both the County and City. The City shall: Provide to the County, monthly, DOE approved Daily Worksheets to assist the County with the required quarterly reporting. Provide to the County, annually, reports for all maintenance and repairs of the equipment. ARTICLE 5 • COMPENSATION The City hereby agrees to pay, utilizing City Funds, all costs associated with the operations, maintenance and repairs of the equipment and/or to reimburse the County for the costs of the work performed by the County, based on the actual cost of labor, and materials used in the maintenance and/or repair work involved; plus all costs for fringe benefits to labor, including, but not limited to: social security, retirement, industrial and medical aid costs, prorated sick leave, holidays and vacation time, and group medical insurance. In addition thereto, nine (9) percent of the total costs shall be added for overhead costs for accounting and billing and administrative services; provided, that the County shall submit to the City a certificate statement of the costs and within thirty (30) days thereafter the City shall pay to Franklin the amount of said statement. ARTICLE 6 • PERFORMANCE OF AGREEMENT 6.1 GENERAL CONDITIONS The following conditions shall apply for the purpose of complying with this Agreement: 6.1.1 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. 6.1.2 COMPLIANCE WITH STANDARDS AND SPECIFICATIONS All work shall be completed per the standards and specifications of the County, including the use of OEM Parts. If there is no County standard or specification for the work to be performed, the acting party shall comply with the pertinent Manufacturer's Maintenance Guide. In the absence of County standards and specifications, and/or Manufacture's Maintenance Guide, the acting party may complete the work as it would its own property. 6.1.3 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. 6.1.4 ON-SITE INSPECTIONS Either party or its designee may evaluate the performance of this Agreement through on-site inspection to determine whether performance is in compliance with the standards set forth in this Agreement, and in compliance with federal, state, and local laws, rules, regulations, and ordinances. 6.1.5 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. 6.1.6 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. 6.1.7 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. 6.1.8 ASSIGNMENT AND SUBCONTRACTING No portion of this Agreement may be assigned or subcontracted to any other individual, firm, or entity without the express and prior written approval of both parties' authorized representatives. 6.1.9 NOTICE Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except service of process, notice to the City shall be to: Court Administrator, Pasco Municipal Court, 1016 N 4'h, Bldg. D, Pasco, Washington 99301. Notice to County, for all purposes under this Agreement, shall be to: Franklin County Public Works Director, 3416 Stearman Avenue, Pasco, Washington 99301, and the Franklin County Commissioners 1016 North Fourth Avenue, Pasco, Washington 99301. ARTICLE 7 • INDEMNIFICATION County agrees to and shall defend, indemnify, and hold harmless the City, its appointed and elective officials, officers, agents, and employees, from and against all loss or expense, including, but not limited to: judgments, settlements, attorney's fees, and costs by reason of any and all claims and demands upon the City, its elected or appointed officials, officers, agents, or employees for damages because of personal or bodily injury, including death, at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, when such injury to persons or damage to property is due to the negligence of County, its elected officials, officers, employees, or their agents, except when such injury or damage shall have been occasioned by the sole negligence of the City, its appointed or elected officials, officers, agents, or employees. It is further provided that no liability shall attach to the City by reason of entering into this Agreement, except as expressly provided herein. The City agrees to and shall defend, indemnify, and hold harmless County, its appointed and elective officials, officers, agents, and employees, from and against all loss or expense, including, but not limited to: judgments, settlements, attorney's fees, and costs by reason of any and all claims and demands upon County, its elected or appointed officials, officers, agents, or employees for damages because of personal or bodily injury, including death, at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, when such injury to persons or damage to property is due to the negligence of the City, its elected officials, officers, employees, or their agents, except when such injury or damage shall have been occasioned by the sole negligence of County, its appointed or elected officials, officers, agents, or employees. It is further provided that no liability shall attach to County by reason of entering into this Agreement, except as expressly provided herein. ARTICLE 8 • LIABILITY INSURANCE 8.1 GENERAL CONDITIONS As the twelve (12) passenger van is to be purchased and provided by the County through the Community Litter Cleanup Program Tools and Trucks Grant Program, should the van become inoperable for any reason, it shall be the City's full responsibility to: • make any necessary repairs, or • replace the van, or • elect to go without the use of said van until such time as another Grant may be obtained for its replacement. The following conditions shall apply to all insurance policies obtained by City for the purpose of complying with this Agreement: 8.1.1 Satisfactory Companies Coverage shall be maintained with insurers and under forms of policies satisfactory to County and with insurers licensed to do business in Washington. The insurance company providing said policy shall maintain during the policy term an A. M. Best financial rating of A- or better, or such other rating as may be required by a County, as set forth in the most current issue of "Best's Insurance Guide." 8.1.2 Named Insured All insurance policies required herein shall be drawn in the name of City, with the County, its board and commission members, officials, agents, guests, invitees, consultants and employees named as additional insureds, except on Workers' Compensation coverage. 8.1.3 Waiver of Subrogation City shall require its insurance carrier(s), with respect to all insurance policies, to waive all rights of subrogation against the County, its board and commission members, officials, agents, guests, invitees, consultants and employees. County shall waive all claims against City for damages covered normally by Fire and Casualty damage insurance with standard extended coverage. 8.1.4 Certificates of Insurance At or before the time of execution of this Agreement, City shall furnish the County with certificates of insurance as evidence that all of the policies required herein are in full force and effect and provide the required coverage and limits of insurance. All certificates of insurance shall clearly state that all applicable requirements have been satisfied. The City shall provide to County not less than thirty (30) days advance notice in writing of cancellation, non -renewal or material change in the policy of insurance. In addition, City shall immediately provide written notice to the County upon receipt of notice of cancellation of any insurance policy, or of a decision to terminate or alter any insurance policy. Copies of required endorsements will be attached to the certificates to confirm the required endorsements are in effect. Certificates of insurance and notices of cancellations, terminations or alterations shall be furnished to Franklin County Public Works, 3416 Stearman Avenue, Pasco, Washington 99301. 8.2 Types and Amounts of Insurance City shall obtain and continuously maintain in effect at all times during the term hereof, at City's sole expense, insurance coverages on a primary basis, non-contributory with any other insurance coverage, as follows with limits not less than those set forth below: 8.2.1 Business Automobile Liability This policy shall be written in comprehensive form and shall protect City and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles and shall cover operation on and off the Premises of all motor vehicles licensed for highway use, whether they are owned, non -owned or hired. Coverage shall not be less than: $2,000,000.00 Combined Single Limit. 8.2.2 Workers' Compensation and Employer's Liability City shall maintain Workers' Compensation and Employer's Liability insurance, which shall protect the City against all claims under applicable state workers' compensation laws and employer's liability. The insured shall also be protected against claims for injury, disease or death of employees which, for any reason, may not fall within the provisions of a workers' compensation law. Coverage shall not be less than: Statutory Amount Workers' Compensation $2,000.000.00; Employer's Liability, Each Accident $2,000,000.00; Employer's Liability, Disease — Policy Limit $2,000,000.00; Employer's Liability, Disease — Each Employee. The foregoing requirement will not be applicable if, and so long as, City qualifies as a self -insurer under the rules and regulations of the commission or agency administering the workers' compensation program in Washington and furnishes evidence of such qualification to County in accordance with the notice provisions of this Lease. 8.3 Self -Insured by Insurance Pool All insurance requirements under this Section 8 may be satisfied by the City by their self-insured status through an insurance pool. Any required documentation reflecting coverage details may be satisfied by the City through a letter documenting as such. ARTICLE 9 • DISPUTES This Agreement shall be governed exclusively by the laws of the State of Washington. In the event of a dispute regarding the enforcement, breach, or interpretation of this Agreement, the City Manager and the County Administrator shall first meet in a good faith attempt to resolve such dispute. In the event they are unable to resolve such dispute, either individually or with the assistance of a mediator, the dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended; with venue being placed in Franklin County, Washington; with all parties waiving the right of a jury trial upon de novo appeal, if any; and the substantially prevailing party being awarded its attorney fees and costs as additional award and judgment against the other. ARTICLE 10 • 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, and the equipment shall be returned to the County immediately. ARTICLE 11 • GENERAL PROVISIONS 11.1 GENERAL CONDITIONS The following conditions shall apply for the purpose of complying with this agreement: 11.1.1 CHANGES, MODIFICATIONS, AMENDMENTS AND WAIVERS The Agreement may be changed, modified, amended, or waived only by written agreement signed by the parties' authorized representatives and adopted by resolution of each party's legislative authority. 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. Task assignments, insofar as they are considered changes, modifications, or amendments, shall be exempt from adoption by resolution of County's legislative authority, instead being adopted by signature of Franklin County's Administrator, per Article 2 11.1.2 ASSIGNMENT Neither party may assign its rights or delegate its duties under this Agreement, whether by assignment, subcontract, or other means. Any such attempted assignment or delegation shall be void and shall constitute a material breach of this Agreement. 11.1.3 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. 11.1.4 ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated herein by reference will be 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. 11.1.5 FILING This Agreement shall be filed pursuant to RCW 39.34.040. IN WITNESS WHEREOF, the parties have executed this Agreement this _ day of , 2020. BOARD OF COUNTY COMMISSIONERS, CITY COUNCIL, FRANKLIN COUNTY, WASHINGTON CITY OF PASCO, WASHINGTON Chair Chair Pro Tem Member ATTEST: Clerk of the Board APPROVED AS TO FORM: Shawn Sant Prosecuting Attorney for Franklin County By: Deputyecuting Attorney Saul Martinez Mayor ATTEST: Debby Barham, CMC City Clerk APPROVED AS TO FORM: Eric W. Ferguson City Attorney