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Home My WebLink About2013-09-30 - Douglas County - Interlocal Agreements GeneralThad L. Duvail. i�uciror Dcugias County, W.A. AFN i# 3173520 Recorded 02:32 PM 10/08/2013 A.GR Pace: 1 0` 7 Sv 00 DOUGLAS COUNTY COMMISSIONERS Return Document to: Douglas County Treasurer Document Title: Interlocal Cooperative Agreement Reference Number(s) of Related documents: N/A Grantor: City of East Wenatchee Grantee: Douglas County Treasurer Legal Description: N/A Parcel Number(s): N/A INTERLOCAL COOPERATIVE AGREEMENT BETWEEN DOUGLAS COUNTY AND EAST WENATCHEE FOR STORM WATER UTILITY BILLING AND COLLECTION This Agreement is made by and between Douglas County, Washington ("County"), and the City of East Wenatchee ("City"). WHEREAS, the County is a municipal corporation organized and existing under the Washington State Constitution and the laws of the State of Washington, and particularly those set forth at RCW Title 36; WHEREAS, the City is a municipal corporation duly organized and existing under the laws of the State of Washington, and particularly those set forth at RCW Title 35 and/or 35A, and is located within the County; WHEREAS, the City has enacted a storm water utility and adopted utility rates that are assessed against property owners within the City of East Wenatchee; WHEREAS, the County has also enacted a storm water utility and adopted utility rates that are assessed against property owners in the unincorporated area of the utility service boundaries; WHEREAS, the County and City have entered into an Interlocal Agreement for joint management and operations of their respective storm water utilities; WHEREAS, the County and the City wish to arrange for the Douglas County Treasurer to bill and collect all storm water utility rates, pursuant to RCW 84.56.035, and a contract for providing such services to the City is required; WHEREAS, the County and the City enter into this interlocal cooperation agreement ("this Agreement") under the authority of RCW 84.56.035 and RCW Chapter 39.34; WHEREAS, the County's Board of County Commissioners authorized the execution of this Agreement by action taken at a regular meeting; INTERLOCAL COOPERATIVE AGREEMENT RE: TREASURER COLLECTION SERVICES (3/1/13) -1 q . 3o • 201-5 WHEREAS, the City's Council authorized the execution of this Agreement by action taken at a regular meeting; and WHEREAS, the County and the City find that this Agreement is mutually advantageous. NOW, THEREFORE, in consideration of the premises and promises, terms and conditions set forth below, it is hereby agreed as follows: ARTICLE I PURPOSE 1.01 Purpose. The purpose of this Agreement is to set forth the terms and conditions under which the Douglas County Treasurer will provide storm water utility rate billing and collection services to the Storm Water Utility formed by the City pursuant to RCW Chapter 35.67("Utility"). ARTICLE II CERTIFIED ROLL 2.01 Certified Roll. The Utility must provide the County Treasurer with a certified roll of parcels to be billed by December 1 of each year. ARTICLE III SERVICES BY THE COUNTY TREASURER 3.01 Services by County Treasurer. The County Treasurer shall provide all Utility rate billing and collection services for the Utility. These services shall include the following: A. Annual preparation and mailing of billing statements by March 1 with a due date of April 30. B. Delinquent account balances are noted on the annual billing statement each year. C. Annual preparation of a report of delinquent parcels to be provided to the Utility by August 15. ARTICLE IV ADMINISTRATION 4.01 Administrator. The County, through the Douglas County Treasurer, shall be responsible for the administration of this Agreement. INTERLOCAL COOPERATIVE AGREEMENT RE: TREASURER COLLECTION SERVICES (3/1/13) - 2 ARTICLE V DURATION AND TERMINATION OF AGREEMENT 5.01 Duration. This Agreement shall be effective only upon execution by the parties and filing with the Douglas County Auditor and City Clerk, pursuant to RCW Chapter 39.34. The term of this Agreement shall commence immediately upon filing and shall continue on a year-to-year calendar basis until terminated as set forth in 5.02. 5.02 Termination. This Agreement shall continue until terminated by either party. Termination shall be by written notice to the other party served not less than 60 days prior to December 31 of the then current calendar year. ARTICLE VI REIMBURSEMENT TO COUNTY 6.01 Reimbursement to County Treasurer. The Storm Water Utility fund, shall reimburse the County Treasurer the following costs: A. Labor. The Utility shall reimburse the County Treasurer for the cost of billing and collection services based upon a set rate per parcel. The set rate per parcel for the calendar year of 2014 is $1.63. Thereafter, the Treasurer will calculate the annual rate per parcel and will provide an itemized calculation to the Utility prior to October 315t of the then current calendar year. Any increase in the set rate per parcel may not exceed 3% of the then current set rate. This is the rate to be utilized for budgeting purposes. B Photocopying and Printing. All photocopying and printing at the rate of $0.05 per copy. 6.02 Payment to County. The County Treasurer shall provide the Utility with a certified statement of reimbursable costs. Utility shall pay the amount due to the County Treasurer within 30 days of receiving the certified statement ARTICLE VII INDEMNITY 7.01 Claims. To the extent of its comparative liability, each party shall indemnify, defend and hold the other party, its departments, elected and appointed officials, employees, and agents, harmless from and against any and all claims, damages, losses and expenses, including attorney's fees, for any bodily injury, sickness, disease, or death, or any damage to or destruction of property, including the loss of use resulting therefrom, which are alleged or proven to be caused in whole or in part by a negligent act or omission of its officers, directors, and employees. INTERLOCAL COOPERATIVE AGREEMENT RE: TREASURER COLLECTION SERVICES (3/1/13) - 3 ARTICLE Vill PERFORMANCE OF AGREEMENT 8.01 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. 8.02 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 subject 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 5 years following the termination of this Agreement. 8.03 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. 8.04 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 offered or conferred with a view towards obtaining, maintaining or extending this Agreement. 8.04 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. ARTICLE IX DISPUTES 9.01 Time. Time is of the essence of this Agreement. 9.02 Waiver Limited. A waiver of any term or condition of this Agreement must be in writing and signed by the party. Any express or implied 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. 9.03 Attorney's Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, each party INTERLOCAL COOPERATIVE AGREEMENT RE: TREASURER COLLECTION SERVICES (3/1/13) - 4 shall pay its own attorney's fees and costs incurred in that action, arbitration or proceeding. 9.04 Governing Law and Venue. This Agreement shall be governed exclusively by the laws of the State of Washington. The Chelan County Superior Court shall be the sole proper venue for any and all suits brought to enforce or interpret the provisions of this Agreement. ARTICLE X GENERAL PROVISIONS 10.01 Assignment. Neither party may assign its rights or delegate its duties under this Agreement, whether by assignment, further, subcontract or other means. Any such attempted assignment or delegation shall be void and shall constitute a material breach of this Agreement. 10.02 Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding how the Douglas County Treasurer will provide Stormwater Utility Billing and Collection. There are no understandings or agreements between parties other than those set forth in this Agreement. No other statement, representation or promise has been made to induce either party to enter into this Agreement. Specifically this Agreement revokes the Interlocal Cooperative Agreement between Douglas County and East Wenatchee for Storm Water Utility Billing and Collection recorded with the Douglas County Auditor on June 14, 2002 (No. 3049435) 10.03 Modification. This Agreement may not be amended, supplemented or otherwise modified unless expressly set forth in a written agreement signed by the parties and adopted by resolution of each parties' legislative authority. 10.04 Invalid Provisions. The invalidity or unenforceability of any particular term or provision of this Agreement shall not affect the validity or enforceability of any other term or provision and this Agreement shall be construed in all respects as if such invalid or unenforceable term or provision was omitted. 10.05 Filing and State Approval. Pursuant to RCW 39.34.040, this Agreement shall be filed with the Douglas County Auditor prior to its entry into force. This Agreement shall also be filed with the City Clerk. INTERLOCAL COOPERATIVE AGREEMENT RE: TREASURER COLLECTION SERVICES (3/1/13) - 5 Adopted:` ATTEST: Dayria ewitt, Clerk of the Board APPROVED BY: Douglas County Treasurer PROVED AS •FORM: ProsecutingAttorney Adopted: DOUGLAS COUNTY, WASHINGTON BOARD OF COUNTY COMMISSIONERS hair Vice Chair V Commissioner INTERLOCAL COOPERATIVE AGREEMENT RE: TREASURER COLLECTION SERVICES (3/1/13) - 6 Resolution 2013-17 Exhibit A ATTEST: City Clerk r - s INTERLOCAL COOPERATIVE AGREEMENT RE: TREASURER COLLECTION SERVICES (3/1/13) - 7 CITY OF EAST WENATCHEE Mavar ATTEST: �pw Z&Z,� City Clerk APPROVED AS TO FORM: INTERLOCAL COOPERATIVE AGREEMENT RE: TREASURER COLLECTION SERVICES (3/1/13) - 7