Loading...
HomeMy WebLinkAboutAgreements/Contracts - Public Works (002)K23-057 AMENDED INTERLOCAL AGREEMENT BETWEEN GRANT COUNTY AND THE REGIONAL BOARD OF MAYORS 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 following governmental entities hereinafter jointly referred to as ("the RBOM") pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW.. 1. City of Electric City 2. City- of Grand Coulee 3. City of Coulee Dam 4. Town of Elmer City 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 the Regional Board of Mayors (RBOM) to encourage woody yard debris diversion from the Ephrata Landfill; and WHEREAS, the RBOM will offer a residential chipping event one (1) time per year for woody yard debris at the Delano Regional Transfer Station for either use in city parks or composted at the Quincy Compost Facility; and I WHEREAS, the County and the RBOM 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: 1. GRANT FUNDS, ALLOCATION AND PAYMENT a. Grant funds provided to the RBOM from the County shall not exceed the amount of Eight Thousand Seven Hundred Six Dollars and no/100's ($8706.00). Such amount includes reimbursement for vendor services necessary to chip and load the woody yard debris into a trailer for hauling to the Quincy Compost Facility, the associated tipping fees at the compost facility and the fuel costs to transport thernaterial; and b. The total project cost including the 25 per cent cash match provided by the RBOM is estimated at Eleven Thousand Six Hundred Eight Dollars and no/100's ($11,608); and c. The County shall reimburse the RBOM 75 per cent of costs associated with the chipping events. The County shall reimburse the RBOM on a quarterly basis after supporting documentation is provided to the County, to wit: 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 RBOM between April 1, 2022, and June 30, 2023; and e. The chipped material shall not be sent to a landfill; and f. The RBOM shall submit a payment request and progress report to the County after each event that the RBOM performs work under this agreement. The progress report must include the weight of woody debris diverted from the landfill including the amount reused in parks and the amount transported to the Quincy Compost Facility. 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 g. The RBOM shall provide supporting documentation in support of reimbursement, which includes, but may not be limited to billings, statements, and invoices; and h. 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. i. The RBOM 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 Departme;nt of Ecology. 2. TIME OF PERFORMANCE This Agreement runs from April 1, 2022 to June 30, 2023. 3. PERFORMANCE MONITORING The County reserves the right to monitor the performance of the RBOM concerning operation and maintenance of the yard waste diversion program. 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. If action to correct such substandard performance is not taken by the RBOM 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 RBOM 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. 6. HOLD HARMLESS The RBOM shall hold harmless, defend and indemnify the County from any and all claims, actions, lawsuits, charges and judgments whatsoever that arise out of the RBOM's performance or nonperformance of the services or subject matter called for in this Agreement. 7. AMENDMENTS The RBOM 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 RBOM or the County from its obligations under this Agreement. 6. TERMINATION This Agreement may be terminated by the County upon giving the RBOM 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 RBOM if the funds provided under this Agreement are used for an improper purpose. 9. ADMINISTRATIVE REQUIREMENTS The RBOM 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, 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 RBOM 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 RBOM 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 ADMINISTRATIVE CITY: Peggy Nevsimal, Clerk City of Electric City PO Box 130 Electric City, WA 99123 (509) 633-1510 To COUNTY: Samuel 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 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 RBOM 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 RCW. 13. DISPOSAL OF PROPERTY No real or personal property will be jointly acquired by the parties under this Agreement. All property owned by each of the parties shall remain its sole property to hold and dispose of in its sole discretion. 14. 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. 15. 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. 16. AUTHORITY 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 RBOM 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. 18. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the RBOM 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 RBOM and the County with respect to this Agreement. IN WITNESS WHEREOF, the RBOM and Grant County have executed this agreement as of the date and year last written below. DATED this of VjQjMjn, 12023. BOARD OF COUNTY COMMISSIONERS GRAN COUNTY PU IC WORKS 0e. Samuel Castro, Director .0 Date: :514700 0 1' 'Zoz 3 Approved As To Form: ebekah M. Kaor, -WSBA #53257 Chief Civil Deputy Prosecuting Attorney Date: - 5///,' /., 7- 02, 3 City of Grand Coulee Paul Townsend, Mayor Date: City of Electric City Diane Kohn t, Mayor Date Town of Elmer City00 . `illr, yr Date: City of Coulee Dam Bob Foch, IN yor Date: - - 91