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Home My WebLink About4027 Resolution - ILA with Franklin Conservation DistrictRESOLUTION NO. 4027 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE THE INTERLOCAL COOPERATIVE AGREEMENT, PURSUANT TO THE INTERLOCAL COOPERATION ACT, RCW 39.34, FOR MUNICIPAL WATER RIGHTS WITH THE FRANKLIN CONSERVATION DISTRICT. WHEREAS, the City of Pasco possesses certain specialized water rights that it desires to have changed into water rights that it may use for municipal purposes as outlined in RCW 90.03.015; and WHEREAS, the City of Pasco desires to contract with the Franklin Conservation District to collect and assemble necessary information and to prepare reports necessary for the applications for the change/transfer of such water rights. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Manager for the City of Pasco is authorized to execute the Interlocal Cooperative Agreement between the City of Pasco and Franklin Conservation District, a copy of which is attached hereto as EXHIBIT A; and to make minor substantive adjustments and to take all necessary steps required to complete this attachment; and Be It Further Resolved that this Resolution shall be in full force and effect upon adoption. PASSED by the City Council of the City of Pasco, Washington this 19th day of January, 2021. Saul Martinez Mayor ATTEST: C Debra Barham, CMC City Clerk Resolution — Franklin Conservation District ILA - 1 APPROVED AS TO FORM: Kerr Fergu , LLC � 76 '5 City Attorney EXHIBITA FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco 525 North 3` Pasco WA 99301 INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITY OF PASCO AND THE FRANKLIN CONSERVATION DISTRICT THIS INTERLOCAL COOPERATIVE AGREEMENT, is made and entered into this day of 2021, pursuant to the Interlocal Cooperation Act, RCW 39.34, by and between the City of Pasco, a municipal corporation of the State of Washington, hereinafter referred to as the "City" and Franklin Conservation District, a governmental subdivision of this State, and a public body corporate and politic, hereinafter called the "District". WHEREAS, the City of Pasco possesses certain specialized water rights that it desires to have changed into water rights that it may use for municipal purposes; and WHEREAS, the City of Pasco desires to contract with the Franklin Conservation District to collect and assemble necessary information and to prepare reports necessary for the applications for the change/transfer of such water rights. NOW, THEREFORE, in consideration of mutual covenant contained herein, it is agreed by and between the Parties hereto as follows: 1. Scope of Work. A) The District's obligations shall be: 1) Collect and assemble the technical information necessary and prepare the Report of Examination (ROE) and Record of Decision (ROD) required for the change/transfer application numbers in the table below. Interlocal Agreement — City of Pasco and Franklin Conservation District - 1 Water Right No. FCWCB App. No. G3-20242P(A) FRAN-20-05 G3-20242C(B) FRAN-20-06 G3-20242P(C) FRAN-20-07 G3-20243P(A) FRAN-20-08 G3-20243P(B) FRAN-20-09 G3-20243P(C) FRAN-20-10 G3-05073 FRAN-20-11 G3-28306 FRAN-20-13 G3-27413P(B) FRAN-20-19 G3-27413P(C) FRAN-20-20 G3-27413P(D) FRAN-20-21 G3-27413P(F) FRAN-20-22 G3-22447 FRAN-20-26 G3-22727 FRAN-20-27 G3-27864 FRAN-20-31 G3-27943 FRAN-20-32 G3-28415 FRAN-20-33 G3-28416 FRAN-20-34 These water rights have been submitted to the Franklin County Water Conservancy Board (Board) and are pending action by the Board contingent upon receiving technical information from the CITY. Preparation of the above reports does not guarantee approval of the change/transfer applications by the Board or the Department of Ecology but the technical information assembled and prepared by the DISTRICT shall be of sufficient content that the Board and Ecology may make an informed and fact based decision. 2) Provide to the City, when completed, electronic and hard copies of technical reports necessary to prepare the ROE and ROD. 3) Invoice the City for time, travel, and material associated with assembling and preparation of the above reports not to exceed $2,000 per water right change/transfer application or not to exceed a total of $36,000 for all the water right change/applications identified above unless written authorization is received from the City. B) The City's obligations shall be: Interlocal Agreement — City of Pasco and Franklin Conservation District - 2 1) Provide data, reports, or other technical information in its possession to the District to aid in the efficient and timely preparation of the technical evaluation and reports necessary. 2) Provide payment to the District within thirty (30) days upon receipt of a properly executed invoice to the City and upon receipt of the Report of Examination and Record of Decision for each water right change/transfer application. 2. Term. A) The term of this Agreement shall be for a period of two years commencing on October 1, 2020 and ending on September 30, 2022; unless otherwise extended in writing signed by both parties, or terminated in writing signed by either party. B) This agreement may be modified or extended, in writing, at any time by the mutual consent and of the parties hereto. C) Either party may cancel this agreement on thirty (30) days written notice with or without cause. Any payment due either party up to the effective date of cancellation shall be due and payable to the appropriate party. 3. Liabilitv/Hold Harmless. A) The City shall indemnify, defend, and hold harmless the District, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by an act, omission or failure of the City, its officers, agents and employees, in the performance of the Agreement. B) The District shall indemnify, defend, and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by an act, omission or failure of the District, its officers, agents and employees, in the performance of the Agreement. 4. Non -Discrimination. The District and City agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, sex or age with regard to but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination; rate of pay or other forms of compensation; selection for training or rendition of services. If the District or City violates this non - Interlocal Agreement — City of Pasco and Franklin Conservation District - 3 discrimination provision, the District or City may terminate this agreement, in whole or in part, without incurring liability for such termination. 5. Jurisdiction. The agreement shall be construed and interpreted in accordance with the laws of the State of Washington and the venue of any action brought hereunder shall be in the Superior Court for Franklin County. 6. Waiver. Any waiver by any party hereto with regard to any of its rights hereunder shall be in writing and shall not constitute or act as a waiver to any future rights which such party might have hereunder. 7. Entire Agreement. This agreement sets forth in full the entire agreement of the parties in relation to the subject matter hereof, and any other agreement, representation, or understanding, verbal or otherwise, relating to the professional services of the District or otherwise dealing in any manner with the subject matter of this agreement is hereby deemed to be null and void and of no force and effect whatsoever. This agreement may be waived, changed, modified, or amended only by written agreement executed by both of the parties hereto. If any provisions of this agreement shall be deemed in conflict with any statute or rule of law, such provision shall be deemed modified to be in conformance with said statute or rule of law. 8. Interlocal Cooperation Act Provisions. All vehicles, equipment, inventory and any improvement thereon or fixtures purchased by the City, shall remain the sole property of the City. All vehicles, equipment, inventory and any improvements thereto and non -fixture improvements to the premises purchased by the District, shall remain the sole property of the District. All personnel utilized by the City in the fulfillment of this Agreement shall be solely within the supervision, direction and control of the City and shall not be construed as "loan servants" or employees of the District. The City Manager of the City of Pasco, Washington, shall be designated as the Administrator of this Interlocal Agreement. No independent special budget or funds are anticipated, nor shall be created without the prior written agreement of the parties. 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 other than as specifically provided within the terms of this Agreement. A copy of this Agreement shall be filed with the Franklin County Auditor's office or posted on the City or Port's website as required by RCW 39.34.040. 9. General Provisions. For the purpose of this Agreement, time is of the essence. Interlocal Agreement — City of Pasco and Franklin Conservation District - 4 This Agreement is governed, construed and enforced in accordance with the substantive laws of the State of Washington. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, and the prevailing party shall be entitled to its reasonable attorney fees and costs as additional judgment. In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the City Manager and District Manager, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 10. Notices. Written notice shall be directed to the parties as follows: Franklin Conservation District Attn: Mark Nielson, District Manager 1724 E. Superior St. Pasco, WA 99301 City of Pasco Attn: Steve M. Worley, P.E. PO Box 293 Pasco, WA 99301 Interlocal Agreement — City of Pasco and Franklin Conservation District - 5 IN WITNESS WHEREOF, the undersigned having full authorization on behalf of the parties, have executed this Agreement on the year and date set forth above. CITY OF PASCO, WASHINGTON Dave Zabell, City Manager Attest: Debra Barham, City Clerk Approved as to form: Kerr Ferguson Law, City Attorney FRANKLIN CONSERVATION DISTRICT Mark Nielson, District Manager STATE OF WASHINGTON ) ss. County of Franklin ) On this day personally appeared before me Dave Zabell, City Manager of the City of Pasco, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. 2021. GIVEN under my hand and official seal this day of , NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: Interlocal Agreement — City of Pasco and Franklin Conservation District - 6 STATE OF WASHINGTON ) ss. County of Franklin ) On this day personally appeared before me Mark Nielson, District Manager of the Franklin Conservation District, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. 2021. GIVEN under my hand and official seal this day of NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: Interlocal Agreement — City of Pasco and Franklin Conservation District - 7