HomeMy WebLinkAboutAgreements/Contracts - Public Works�1
GRANT COUNTY
COMMISSIONERS AGENDA MEETING REQUEST FORM
(Must be submitted to the Clerk of the Board by 12:00pm on Thursday)
REQUESTING DEPARTMENT: PUBLIC WORKS
REQUEST SUBMITTED BY. SHILO NELLIS
CONTACT PERSON ATTENDING ROUNDTABLE.. SAM GASTRO
CONFIDENTIAL INFORMATION: E]YES ® NO
DATE: 0 1 /25/2024
PHONE: 509-754-6082
Interlocal Agreement with Wilson Creek
DATE OF ACTION: 12q
APPROVE: DENIED ABSTAIN
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EIAP Vouchers
ElAppointment / Reappointment
FIARPA Related
El Bids / RFPs / Quotes Award
El Bid* Opening Scheduled
1:1 Boards / Committees
El Budget
E]Computer Related
E]County Code
7 Emergency Purchase
El Employee Rel.
E]Facilities Related
F] Financial
El Funds
7 Hearing
El Invoices / Purchase Orders
El Grants — Fed/State/County
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00rdinances
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1:1 Policies
7 Proclamations
7 Request for Purchase
EIResolution
El Recommendation
7 Professional Serv/Consultant
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E]Surplus Req.
7Tax Levies
E]Thank You's
E]Tax Title Property
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Interlocal Agreement with Wilson Creek
DATE OF ACTION: 12q
APPROVE: DENIED ABSTAIN
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DEFERRED OR CONTINUED TO:
K14-023
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INTERLOCAL AGREEMENT BETWEEN
GRANT COUNTY AND THE TOWN OF WILSON CREEK
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 Town of
Wilson Creek, Washington ("Town") pursuant to the Interlocal Cooperation
Act, Chapter 39.34 RCW. N
WHEREAS, the County has obtained a Local Solid Waste Financial
Assistance grant from the Washington State Department of Ecology; and
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WHEREAS, the County desires to award a sub -grant to the Town to
fund the Town's continuing effort to operate and maintain a yard waste
recycling program for town residents; and
WHEREAS, the purpose of the program is to divert yard waste from the
Ephrata Landfill; and
WHEREAS, the County and the Town 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 Town from the County shall not exceed the
amount of Six Thousand Seven Hundred Fifty Dollars and no/100's
($6,750). Such amount includes reimbursement for labor and fuel to
load yard waste into a drop box container, maintenance for front loader,
hauling to a compost facility, and compost tipping fees; and
b. The total project cost including the 25 per cent cash match provided by
the Town is estimated at Nine thousand and no/100's ($9,000); and
c. The County shall reimburse the Town 75 per cent of costs associated
with the Town's yard waste diversion program. The County shall
reimburse the Town 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 Town
between July 1, 2023 and June 30, 2025; and
e. The County shall not reimburse for disposal into the landfill; and
f. The Town 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 Town may include a maximum of thirty (30) percent of overhead
for wages and benefits in each payment request; and
h. The Town shall submit a payment request and progress report to the
County each quarter. The progress report must include the estimated
weight of yard waste hauled to the compost facility. The payment
request and progress report must be submitted to the County no later
than fifteen (1 5) days after the end of each quarter; and
i. The Town 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 Town shall, at all times, follow, adhere to,_and abide by a►ll Local
Solid Waste Financial Assistance grant rules and guidelines set key the
Washington State Department of Ecology.- ,
2. TIME OF PERFORMANCE
This Agreement runs from July 1, 2023 to June 30, 2025.
3. PERFORMANCE MONITORING
The County reserves the right to monitor the performance of the Town
concerning the 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
Town within a reasonable period of time after being notified by the
County, agreement suspension or termination procedures will be
tinitiated.
4. COMPLIANCE
All times material herein, the Town 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 -Town shall hold harmless, defend and indemnify the County from
any and all claims, actions, lawsuits, charges and . judgments
whatsoever that arise out of the Town's performance or
nonperformance of the services or subject matter called for in this
Agreement.
7. AMENDMENTS
The Town 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 Town or the County from its obligations under this Agreement.
8. TERMINATION
This Agreem 6'nt may be terminated by the County upon giving the Town
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 Town if the funds provided
under this Agreement are used for an improper purpose.
9. ADMINISTRATIVE REQUIREMENTS
The Town 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 Town
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 Town 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 sta
Service, po ge
prepaid. Any such notice is effective upon receipt by the party to whom
the notice is directed. Proof of delivery via facsimile shall be suflicient
upon showing a receipt of successful transmission produced by the
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sending facsimile machine and indicatih'd the telephone number to
which the transmission was sent, provided that tyre 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 TOWN: Kaci Anderson, Clerk
Town of Wilson Creek
P.O. Box 162
Wilson Creek, WA 98860-0013
(509) 345-25 1
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 Town 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. ASSIGNMENT
Neither party to this Agreement shall be permitted to assign its rights or
obligations herein withouttheadvance 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.
15. 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.
16. NO WAIVER
No failure of the County or the Town to insist on the strictest
performance of any term of this agreement shall constitute a waiver of
any such terra or abandonment of this Agreement.
17. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Town and
the County for the use of funds received under this Agreement and it
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supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral, or written between the Town and the
County with respect to this Agreement.
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IN WITNESS WHEREOF, the Town and Grant County have executed this
agreement as of the date and year last written below.
DATED this 2024.
0 GINT OMMISSIONERS
Cindy Carter)Chair
Danny E/Stone, Vice Chair
Rob i6nel,'MornSer
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Biar�ar6 J. Vasquez, /9fe of t�e'ooard
I P0
GRANT OUNTY RU_ 1.31", WORKS
Samuel Castro, Director
Date-, __��// ��
TOWN QF WILSON CREEK
Rob Herron, Mayor
Date: ----- - I - j,1 a ZO VA.
Approved As To Form:
Rebekah M. Kafor, WSBA #53257
Chief Civil Deputy Prosecuting Attorney
Date:
BOARD OF COUNTY COMMISSIONERS
Grant County, Washington
RESOLUTION AUTHORIZING
EXECUTION OF INTERLOCAL
AGREEMENT WITH THE TOWN OF
WILSON CREEK
RESOLUTION No. 24- 01 D -CC
WHEREAS, Chapter 39.34 RCW, the Interlocal Cooperation Act, permits local
governmental entities to make the most efficient use of their powers by enabling them to
cooperate with other localities on a basis of mutual advantage, for the purposes of providing
services and facilities in a manner and pursuant to forms of governmental organization that will
accord best with geographic, economic, population and other factors influencing the needs and
development of local communities; and
WHEREAS, Grant County, Washington, by and through its Board of County
Commissioners, and the Town of Wilson Creek, created and situated within the State of
Washington, are vested with authority to enter into an intergovernmental agreement pursuant to
chapter 3 9.3 4 RCW;
WHEREAS, it is the desire of Grant County and the Town of Wilson Creek to enter into
an interlocal agreement for the purpose of continuing their effort to operate and maintain a yard
waste recycling program for town residents.
NOW, THEREFORE, BE IT HEREBY RESOLVED, that Grant County Interlocal
Agreement with the Town of Wilson Creek be executed by Grant County.
DATED this day of February, 2024.
BOARD OF COU Y COMMISSIONERS
Yea Nay Abstain T COUNTY, ASHINGTON
Cindy Cart,Chair
AT .EST:
arbara J as e � ❑ ❑
Clerk of t oar
f
Danny Epllione, Vice -Chair
Rob Jones;' -ember