HomeMy WebLinkAboutAgreements/Contracts - Solid WasteINTERLOCAL AGREEMENT BETWEEN
GRANT COUNTY AND THE CITY OF MOSES LAKE
THIS AGREEMENT ("Agreement") is made and entered into by and between
Grant County, Washington ("County"), a political subdivision of the State of
Washington, by and through Grant. County Public Works, and the City of
Moses Lake, Washington ("City") pursuant to the Interlocal Cooperation Act,
Chapter 39.34 RCW.
WHEREAS, the County has obtained a Local Solid Waste Financial
Assistance grant from the Washington State Department of Ecology; and
WHEREAS, the County desires to award a sub -grant to help fund the
City's continuing effort to divert woody material fi-orn the Ephrata Landfill and;
and
WHEREAS, the City will offer residential chipping events at curbside to
collect woody material for use in city parks one (1) time per year; and
WHEREAS, the yearly chipping event will occur over a three-week
period; and
WHEREAS, the County and the City desire to memorialize the terms
and conditions of the Agreement between the parties regarding provision of a
sub -grant..
NOW, THEREFORE, in consideration of the mutual promises contained
herein and other good and valuable consideration, the parties agree as
follows:
AGREEMENTS:
I . GRANT FUNDS, ALLOCATIONANDPAYMENT
a. Grant funds provided to the City from the County shall not exceed the
amount of Nineteen Thousand Eight Hundred Seventy -Five Dollars and
no/100's ($19,875). Such amount includes reimbursement, for labor
and equipment costs to chip woody mater"ilal at curbside and, to haul to
city parks; and
b. The total project cost including the 25 per cent cash match provided by,
the City is estimated at Twenty -Six Thousand Five Hundred Dollars and
no/1 00's ($26,500); and
The County shall reimburse the City 75 per cent of costs associated
with the City's curbside chipping event., , The County shall reimburse the
City on a qu rt I eh documentation is provided
to the Coun
C.
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i. It is expressly understood that claims for reimbursement will not
be submitted in excess of actual, immediate requirements
necessary to carry out the purposes of this Agreement.
d. The County shall reimburse eligible expenditures incurred by the City
between March 15, 2022, and June 30, 2023; and
e. The County shall not reimburse for disposal into the landfill; and
f. The City shall compute hourly wages using "Form H" as provided by the
Washington State Department of Ecology, and shall send a copy of the
completed "Form H" to Grant County Public Works, and
g. The City may include a maximum of thirty (30) percent of overhead for
wages and benefits in each payment request; and
h. The City shall submit a payment request and progress report to the
County after each event that the City performs work under this
agreement. Each progress report must include the estimated weight of
chipped material diverted from the landfill. The payment request and
progress report must be submitted to the County no later than fifteen
(15) days after the end of each quarter; and
i. The City shall provide supporting documentation in support of
reimbursement, which includes, but may not be limited to, billings,
statements, invoices, and time sheets; and
j. For purposes of this Agreement "quarters" shall be defined as follows:
i. First quarter from the beginning of January to the end of March;
ii. Second quarter from the beginning of April to the end of June;
iii. Third quarter from the beginning of July to the end of September;
iv. Fourth quarter from the beginning of October to the end of
December.
k. The City shall, at all times, follow, adhere to, and abide by all Local Solid
Waste Financial Assistance grant rules and guidelines set by the
Washington State Department of Ecology.
2. TIME OF PERFORMANCE
This Agreement runs from March 15, 2022, to June 30, 2023.
3. PERFORMANCE MONITORING
The County reserves the right to monitor the performance of the City
concerning the chipping events. Such performance monitoring may
include tracking project progress, reviewing payment requests for any
applicable costs, and/or overseeing compliance with grant
requirements. Substandard performance as determined by the County
will constitute noncompliance with this Agreement.
Document Ref. NDZQC--S3EXY-EEMBB--0BG0J Page 2 of
If action to correct such substandard performance is not taken by the
City within a reasonable period of time after being notified by the
County, agreement suspension or termination procedures will be
initiated.
4. COMPLIANCE
All times material herein, the City will comply with any applicable
federal, state, and local laws, regulation, and policies, governing the
funds provided under this Agreement.
5. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be
construed in any manner as, creating or establishing the relationship of
employer/employee between the parties.
The City shall hold harmless, defend, and indemnify the County from
any and all claims, actions, suites, charges and judgments whatsoever
that arise out of the City's performance or nonperformance of the
services or subject matter called for in this Agreement.
7. AMENDMENTS
The City or the County may, upon the agreement of both parties, amend,
this Agreement at any time provided that such amendments make
specific reference to this Agreement, are executed in writing, and
signed by a duly authorized representative of each organization. Such
amendments shall not invalidate this Agreement or relieve or release
the City or the County from its obligations under this Agreement.
This Agreement may be terminated by the County upon giving the City
thirty (30) days advance notice in writing of its intention to do so.
Provided: this Agreement may be terminated by the County upon
twenty-four (24) hours written notice to the City if the funds provided
under this Agreement are used for an improper purpose.
9. ADMINISTRATIVE REQUIREMENTS
The City agrees to comply with all administrative, accounting principles
and procedures as may be required by the Washington State
Department of Ecology; maintain all records as may be required by the
County and/or the Washington State Department of Ecology; and,
Document Refi. NDZQC-S3EXY-EEMBB-OB:COJ Page .3 of 6
agrees to utilize adequate internal controls, and maintain necessary
source documentation for all costs incurred.
All such records and all other records pertinent to this Agreement and
work undertaken under this Agreement shall be retained by the City for
a period of six (6) years after any final audit of the County by the
Washington State Department of Ecology, unless a longer period is
required to resolve any audit findings or litigation. In such cases, the
County shall request a longer period of record retention.
All CITY records with respect to any matters covered by this Agreement
shall be made available to the County, and duly authorized officials of
the state and federal government, at any time during normal business
hours, as often as deemed necessary, to audit, examine, and make
excerpts or transcripts of all relevant data.
10. NOTICES
All notices pursuant to this Agreement shall be in writing and shall be
transmitted by facsimile or United State Postal Service, postage
prepaid. Any such notice is effective upon receipt by the party to whom
the notice is directed. Proof of delivery via facsimile shall be sufficient
upon showing a receipt of successful transmission produced by the
sending facsimile machine and indicating the telephone number to
which the transmission was sent, provided that the receipt indicates the
transmission was sent to the phone number of the intended recipient.
Notices shall be sent to the following addresses unless written notice of
a change of address has been given pursuant hereto:
To CITY: Susan Schwiesow,
Parks, Recreation & Cultural Services Director
Moses Lake Parks & Recreation
PO Box 1579
Moses Lake, WA 98837
509-764-3810
To COUNTY:Sam Castro, Director
Grant County Public Works
124 Enterprise St. SE
Ephrata, WA 98823
509-754-6082
11. SEVERABILITY
If any term, provision, covenant, or condition of this Agreement should
be held by a court of competent jurisdiction to be invalid, void, or
Document Ref: NDZQ0--S3EXY-EEMBB-0BC0J Page 4 of 6
unenforceable, the remainder of this Agreement shall continue in full
force and effect and shall in no way be affected, impaired, or invalidated
thereby.
12. ADMINISTRATION OF AGREEMENT
No new or separate legal or administrative entity is created to
administer the provisions of this Agreement. This Agreement shall be
administered by the City and by Grant County. Issues and/or disputes
related to implementation of this Agreement shall be referred to each
respective governing authority for resolution. Provided: either party
shall be entitled to seek legal remedies including, but not limited to, such
remedies as set forth in Chapter 39.34 RCK
13. ASSIGNMENT
Neither party to this Agreement shall be permitted to assign its rights or
obligations herein without the advance and express written consent of
the other party.
14. APPLICABLE LAW —VENUE
This Agreement shall be governed by and interpreted according to the
laws of the State of Washington. In the event of any suit or action or
other legal proceeding to enforce this Agreement, venue shall be a
court of competent jurisdiction in Grant County, Washington.
Each of the undersigned hereby represents and warrants to the other
party that they have the authority to execute and carry out the terms of
this Agreement.
No failure of the County or the City to insist on the strictest performance
of any term of this agreement shall constitute a waiver of any such term
or abandonment of this Agreement.
17. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the City and
the County for the use of funds received under this Agreement and it
supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral, or written between the City and the
County with respect to this Agreement.
Document Ref,, NDZQC-S3EXY-EEMBB-OBCOJ Page 5 of 6
IN WITNESS WHEREOF, the City and Grant County have executed this
agreement as of the date and year last written below,
DATED this of 2022,
BOARD OF COUNTY COMMISSIONERS
Ltv—
Danny E. Stone, Chair
l l e air
Cindy CarterVember
Bar: gra . Vasquez, tte(yof th card
C
GRAII COUNTY RIJ BUC,WOR:
S
Samuel ;
am-: el Castro, Dire , or
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A
yed AsTo Form.
#5:5
Rebekah M Kaylorl 32 7
Civil Deputy Prosecuting Attorney
Date: rZ.
City of Moses Lake
Allison Williams, City Manager
2022 2
Date. -03-3
Katherine :Dennison, City Attorney
Date: 2022-03-24
Document Ref. NDZQC-S3EXY_'EEMBB-013C0J Page 6 of 6
Refi:-)rence Ulmbelr: NDZQC-S3EXY-EEMBB-OBCOJ
Signer Timestamp Signature
Allison Williams
Email: awilliams@cityofml,com
Sent:
Viewed:
Signed:
23 Mar 2022 16:23:02 UTC
23 Mar 2022 17,14:13 UTC
23 Mar 2022 17:15:00 UTC
IP address: 63,135.54.162
Location: Moses Lake, United States
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Katherine Kenison
Email: kkenison@basinlaw.com
IP
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Sent: 23 Mar 2022 16:23:02 UTC
Viewed:
Signed:
Document completed by all parties on:
24 Mar 202217:23:59 UTC
Page 1 of 1
24 Mar 2022 17:28:36 UTC
24 Mar 2022 17:28:59 UTC
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IP address: 173.209.171.7
Location: Moses Lake, United States