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Home My WebLink AboutResolutions - 2019-25 - Resolution 2019-25, Interlocal Agreement with Douglas County for Storm Water Debt Redemption, Surface and Storm Water Management - 11/5/2019City of East Wenatchee Resolution 2019-25 Retain Resolution until no longer needed for City -business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 1 of 3 City of East Wenatchee, Washington Resolution No. 2019-25 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute the Interlocal Cooperative Agreement between Douglas County and City of East Wenatchee for Storm Water Debt Redemption 1. Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternateformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east-wenatchee.com, at (509) 884-9515, or at 711 (TTY). 2. Authority. 2.1. The City of East Wenatchee (“City”) is a non-charter code City duly incorporated and operating under the laws of the State of Washington. 2.2. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. 2.3. RCW Chapter 35.67 authorizes cities to establish a surface and storm water management utility. 2.4. RCW Chapter 36.89 authorizes counties to establish, acquire, develop, and construct storm water control facilities. 2.5. RCW Chapter 39.34 authorizes local governmental units to make the most efficient use of their powers and resources by enabling them to cooperate with other localities in the provision of services and facilities under a duly executed interlocal cooperative agreement. 3.Recitals. 3.1.The City, with adoption of Ordinance No. 98-07, and Douglas County (“County”), with adoption of Ordinance No. TLS 98-10- 21B, independently established surface and storm water management utilities. 3.2. The City, under Resolution No. 98-03, and the County under Resolution No. TLS 98-12, found that it was in the best interests of the community to work cooperatively in the management of the storm water utilities and executed an Interlocal Cooperative Agreement in March of 1998 establishing the joint operating procedures for the “Greater East Wenatchee Storm Water Utilities”. That Interlocal Cooperative Agreement has been amended several times. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 4.Authorization. The City Council authorizes the Mayor to execute the “INTERLOCAL COOPERATIVE AGREEMENT BETWEEN DOUGLAS COUNTY EAST WENATCHEE FOR STORM WATER DEBT REDEMPTION” set forth in Exhibit A. 5.Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution. 6.Publication. The City Council directs the City Clerk to publish a copy of the Termination of Interlocal Agreement on the City’s website once it is signed by all parties. 7.Recording. The City Council directs the City Clerk to record the original, fully executed Termination of Interlocal Agreement with the Douglas County Auditor. 8.Effective date. This Resolution becomes effective immediately. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 5th day of November 2019. The City of East Wenatchee, Washington City of East Wenatchee Resolution 2019-25 Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 2 of 3 Interlocal Agreement for Storm Water Debt Reduction (10162019) Return Document to: Douglas County TLS Document Title: Interlocal Cooperative Agreement Reference Number(s) of Related Documents: N/A Grantor: Douglas County TLS Grantee: Douglas County Treasurer Legal Description: N/A Parcel Number: N/A INTERLOCAL COOPERATIVE AGREEMENT BETWEEN DOUGLAS COUNTY EAST WENATCHEE FOR STORM WATER DEBT REDEMPTION 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 for at RCW Title 36; WHEREAS, the City is a municipal corporation organized and existing under the Washington State Constitution and the laws of the State of Washington, and particularly those set for at RCW Title 35 and/or 35A, and is located within the County; WHEREAS, the interlocal agreement establishing and controlling the Greater East Wenatchee Stormwater Utility states the City and County will each be responsible to pay the obligations remaining due for the facilities, equipment and personal property it receives upon dissolution of the joint utility; WHEREAS, three (3) Public Works Trust Fund Loans were taken out for the utility in the name of Douglas County to fund Stormwater Utility projects; WHEREAS, these loans were obtained for work done in both the City and the County; WHEREAS, these loans may not be transferred from the County to the City; WHEREAS, these loans will not be fully paid off until 2027; WHEREAS, the City wishes to be allowed to make payments per the amortization schedule instead of paying them off upon dissolution of the joint utility; NOW, THEREFORE, in consideration of the premises and promises, terms and conditions set forth below, it is hereby agreed as follows: Interlocal Agreement for Storm Water Debt Reduction (10162019) ARTICLE I PURPOSE 1.01 Purpose. The purpose of this Agreement is to set forth the terms and conditions under which the City will be allowed to pay the annual debt obligations for their portion of the Public Works Trust Fund loans. ARTICLE II PAYMENTS 2.01 Amortization Schedule. The amortization schedule for this agreement is shown at Attachment A. The amount due by the City for each loan and the total amount due by the City each year are shown in this attachment. 2.02 Payment Responsibility. A. Loans PW -05-691-011 and PR07-951-002 will be paid completely by the City. B. Loan PW -04-691-PRE-128 is a joint loan of the City and the County; each entity will pay its share of this loan. (The City’s share is 24.82% of each payment. The County share is 75.18% of each payment.) 2.03 Due Date. Payments from the City to the County are due by May 15 of each year. 2.04 PWTF Loan Payments. Public Works Trust Fund Loan payments are due to the Washington State Department of Commerce by June 1 of each yea r. It will be the responsibility of Douglas County to make these payments on time. ARTICLE III DURATION AND TERMINATION OF AGREEMENT 3.01 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 until terminated as set forth in 3.02. 3.02 Termination. This Agreement shall continue until all three Public Works T rust Fund loans are paid off. As outlined in the amortization schedule at Attachment A, this agreement will be terminated on June 2, 2027. ARTICLE IV INDEMNITY 4.01 CLAIMS. To the extent of its comparative liability, each Party shall indemnify, defend and hold the other Party, its department, elected and appointed officials, employees, and agents, harmless from and against any and all cla ims, 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, Interlocal Agreement for Storm Water Debt Reduction (10162019) which are alleged or proven to be caused in whole or in part by a negligent act or omission of the Party, its officers, directors, and employees. ARTICLE V PERFORMANCE OF AGREEMENT 5.01 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. 5.02 Maintenance and Audit of Records. Each Party shall maintain books, records, documents and other materials relevant to its performance under this Agreement which sufficiently and accurately reflect any and all direct and indirect costs a nd expenses incurred or paid in the course of performing this Agreement. These records shall be subject to inspection, review and audit by either party or its designee, the Washington State Auditor’s Office, and authorized federal agencies. Each Party sh all retain all such books, records, documents and other materials for seven years after the record was created or as required by project funding guidelines, whichever is greater. 5.03 On-Site Inspections. Each 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, and in complian ce with jointly adopted policies and procedures of the Utility. 5.04 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 be offered or conferred with a view towards obtaining, maintaining or extending this Agreement. 5.05 Conflict of Interest. The elected and appointed officials and employees of the Parties shall not have any personal financial interest, direct or indirect, which gives rise to a conflict of interest as defined by Washington law. ARTICLE VI DISPUTES 6.01 Time. Time is of the essence of this Agreement. 6.02 Waiver Limited. A waiver of any term or condition of this Agreement must be in writing and signed by the waiving Party. Any express or implied waiver of a term or Interlocal Agreement for Storm Water Debt Reduction (10162019) 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. 6.03 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 shall pay its own attorney’s fees and other costs incurred in that action, arbitration or proceeding. 6.04 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 VII GENERAL PROVISIONS 7.01 Assignment. The Parties may not assign any rights or delegate any duties under this Agreement, whether by assignment, subcontract or other means. Any such attempted assignment or delegation shall be void and shall constitute a mater ial breach of the Agreement. 7.02 Entire Agreement. This Agreement constitutes the entire agreement between the Parties. There are no understandings or agreements between parties other than those set forth in this Agreement and in the appendices. No other statement, representation or promise has been made to induce the Parties to enter into this Agreement. 7.03 Modification. This Agreement may not be amended, supplemented or otherwise modified unless expressly set forth in a written agreement sign ed by the Parties and adopted by resolution of each Party’s legislative authority. 7.04 Invalid Provisions. If any portion of this Agreement, or its application to any person or circumstances, is held or determined to be invalid, such holding or determination shall not affect the validity or enforceability of any other term or provision and the application of this Agreement to other persons or circumstances shall not be affected. 7.05 Counterparts. This Agreement may be executed by the parties using duplicate counterparts. 7.06 Filing and State Approval. Pursuant to RCW 39.34.040, this Agreement shall be filed with the County Auditor and the City Clerk prior to its entry into force. To the extent any state officer or agency has control over the services or facilities which may be the subject of this Agreement, then this Agreement shall be submitted to such state officer or agency for approval pursuant to RCW 39.34.050 prior to its entry into force. Interlocal Agreement for Storm Water Debt Reduction (10162019) Adopted: ______________ CITY OF EAST WENATCHEE ___________________________ Mayor ATTEST: _______________________ City Clerk APPROVED AS TO FORM: _______________________ City Attorney Interlocal Agreement for Storm Water Debt Reduction (10162019) Attachment A Amortization Schedules East Wenatchee Douglas County