HomeMy WebLinkAboutResolutions - 2018-10 - Interlocal Cooperation Agreement ICA of Chelan Douglas Transportation Council CDTC for Staff Assistance on 2020 Census Local Update of Census Addresses LUCA Operation - 5/22/2018City of East Wenatchee, Washington
Resolution No. 2018-10
A Resolution of the City of East Wenatchee, Washington authorizing the Mayor
to sign the Interlocal Cooperation Agreement between the City of East
Wenatchee and the Chelan Douglas Transportation Council for Staff
Assistance on the 2020 Census Local Update of Census Addresses Operation.
1. Alternate format.
1. Para leer este documento en otro formato (espanol, Braille, leer en voz alta,
etc.), pongase 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.
3.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. Several revenue sources use population as the basis for funding. As such, it
is important to have accurate numbers. To improve the accuracy of the 2020
Census, the City is participating in the Census Bureau's Local Update of
Census Addresses Operation (LUCA) ("Project").
3.2. The City does not have staff resources available to work on the Project.
3.3. The Chelan Douglas Transportation Council ("CDTC") has the capability to
provide staff assistance for the Project.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS
FOLLOWS:
City of East Wenatchee Resolution 2018-10
Page 1 of 2
4. Authorization. The City Council authorizes the Mayor to sign the Interlocal
Cooperation Agreement Between the City of East Wenatchee and the Chelan
Douglas Transportation Council for Staff Assistance on the 2020 Census Local
Update of Census Addresses Operation. The Agreement is attached to this
resolution as 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 Resolutions.
6. Recording. Once the Interlocal Agreement is signed by all necessary parties, the
City Council directs the City Clerk to file the signed original Interlocal
Cooperation Agreement with the Douglas County Auditor and post it on the
City's website.
7. Effective Date. This Resolution is effective immediately. The Interlocal
Agreement becomes effective once it has been recorded by the Douglas County
Auditor.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this
ZZ day of , 2018.
The City
Attest:
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Washington
Pto Term
G Johnson.
Maria Holman, City Clerk
rv.ed as to form only:
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Devin Po son, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Effective Date:
5/l&,/2013
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City of East Wenatchee Resolution 2018-10
Page 2 of 2
Exhibit A
Filed for and Return to:
Maria Holman, City Clerk
City of East Wenatchee
271 9th Street NE
East Wenatchee, WA 98802
Thad L. Duvall, Auditor, Douglas County, WA.
AFN # 321Z783 Recorded 05/25/2018 at 12:53:33PM,
INLOAGR Pages: 5 $78.00
CITY OF EAST WENATCHEE
The information contained in this boxed section is for recording purposes only pursuant to RCW 36.18 and RCW
65.04, and is not to be relied upon for any other purpose, and shall not affect the intent of any warranty contained
Document Title Interlocal Cooperation Agreement Between the City of East Wenatchee and
the Chelan Douglas Transportation Council for Staff Assistance on LUCA
Project
Grantor(s)- City of East Wenatchee
Grantee(s): Chelan Douglas Transportation Council
Reference Number(s) of Document Related, Assigned or Released: Not applicable
Abbreviated Legal Description Not applicable
Complete or Additional Legal Description on page _ of Document — Not applicable
Assessor's Parcel Number: Not applicable
to
Interlocal Cooperation Agreement Between the City of East Wenatchee and the
Chelan Douglas Transportation Council for Staff Assistance on LUCA Project
This Interlocal Cooperation Agreement ("Agreement") is hereby entered into by
and between City of East Wenatchee ("City") and the Chelan Douglas
Transportation Council ("CDTC") sometimes collectively referred to as the
"Parties".
WHEREAS, to improve accuracy of the 2020 Census, the City is participating in
the Local Update of Census Addresses Operation ("Project"); and
WHEREAS, the City does not have staff resources available to work on the
Project; and
WHEREAS, the CDTC has the capability to provide staff assistance for the
Project; and
WHEREAS, in accordance with Chapter 39.34 RCW, the Parties are authorized
to enter into this Agreement for the purpose of permitting the most efficient use
of the Parties resources by enabling the Parties to mutually cooperate with each
other and thereby provide services in a manner and pursuant to forms of
governmental organization that will accord best with the needs and development
of the local community;
NOW, THEREFORE, in consideration of the foregoing, the City and the CDTC
agree as follows:
Incorporation. The recitals set forth above are hereby incorporated into this
agreement by this reference and made a part hereof.
Purpose and Scope. The purpose of this Agreement is to provide staff
resources to complete the 2020 Local Update of Census Addresses Operation
("Project").
Interlocal Cooperation Agreement City of East Wenatchee and Chelan Douglas Transportation
Council for LUCA Project
Page 1 of 5
3. City's Obligations. The City shall:
3.1. Provide the CDTC with all training and instruction materials and other
documents provided by the Census Bureau that are necessary to complete
the Project.
3.2. As provided for in paragraph 7 of this Agreement, pay the CDTC for staff
work on the Project.
4. CDTC's Obligations. The CDTC shall:
4.1. Assign staff to complete the Project.
4.2. Keep Census Bureau addresses and maps showing structure points
(housing units and group quarters locations) confidential and ensure they
are used only for Census purposes.
4.3. Ensure the receipt of all required materials for the Project review.
4.4. Prepare a strategy to conduct the review of Project materials.
4.5. Complete the address list review and assistance with submittal of the
updated materials to the Census Bureau by July 11, 2018.
4.6. Review the Census Bureau's detailed feedback materials.
4.7.Assist the City with any appeals of address discrepancies to the LUCA
Appeals Office.
4.8. Destroy (preferred method) or return all Title 13 materials to the Census
Bureau after the appeal process is complete.
4.9. Sign and date the D-2012 Destruction or Return of Title 13, U.S.C.
Materials Form.
5. Reservation of Right to Inspect. The CDTC agrees that the City reserves the
right to inspect and approve all work done on the Project prior to the City
being obligated to pay the CDTC its costs for such work.
6. Duration and Termination. This Agreement shall become effective upon the
signing of the Agreement by both Parties and recording with the Douglas
County Auditor. This Agreement will terminate upon the completion of the
Project, and the final payment is received by the CDTC from the City.
7. Cost. The cost associated with City's Project is $4,700. The City shall pay the
full amount at the completion of the project, subject to the terms of this
Agreement.
8. Records. The CDTC shall provide the City with all materials used or created
during the course of the Project. All records, books, documents and other
materials maintained, prepared, or issued by the CDTC in the
implementation of this Agreement shall be the property of the City, which
shall have the responsibility of the retention and destruction of those
materials in accordance with the requirements of the Census Bureau.
Interlocal Cooperation Agreement City of East Wenatchee and Chelan Douglas Transportation
Council for LUCA Project
Page 2 of 5
9. CDTC agrees to comply with the Public Records Act (RCW 42.56).As a public
agency, the City is subject to the Public Records Act, Chapter 42.56 RCW
(the "Act"). To the extent that CDTC keeps records that are deemed public
records and are needed for the City to respond to a request under the Act, as
determined by the City, CDTC agrees to make them promptly available to
the City. Pursuant to Chapter 40.14 RCW, CDTC shall retain records
associated with this Agreement in accordance with the applicable retention
schedule. CDTC also agrees to indemnify and hold the City harmless from
any claims or losses caused by CDTC's failure to make records available to
the City as provided in this Agreement.
10.Independent Contractor. The CDTC and the City agree that CDTC is an
independent contractor with respect to services provided to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of
employer and employee between the Parties hereto. Neither the CDTC nor
any employee of the CDTC shall be entitled to any benefits afforded City
employees by virtue of the assistance provided under the Agreement. The
City shall not be responsible for withholding or otherwise deducting federal
income tax or social security or for contributing to the State industrial
insurance program or otherwise assuming the duties of an employer with
respect to CDTC, or any employees of CDTC.
11. Mutual Indemnification. The Parties agree to hold harmless, indemnify
and defend each other and the officers, agents and employees of the other
Party from and against any and all claims, losses or liability for injuries,
sickness or death of persons, including employees of the other Party, or
damage to property, arising out of any willful misconduct or negligent act,
error, or omission of either Party, its agents, officers, contractors,
employees, or consultants incurred in connection with the services of this
Agreement, provided, however, that each Party's obligations to indemnify,
defend and hold harmless shall not extend to injuries, sickness, death, or
damage caused by or resulting from the sole willful misconduct or sole
negligence of the said party, its agents, officers, or employees; and each
Party's obligation to indemnify, defend, and hold harmless for injuries,
sickness, death or damage caused by or resulting from the concurrent
negligence or willful misconduct of the Parties, shall apply only to the
extent of the negligence or willful misconduct of each Party.
12. Governing Law; Venue. This Agreement is governed by the laws of the state of
Washington, without regard to its conflict of law provisions.
13.Disputes If a dispute arises under this Agreement, authorized representatives
of each party shall meet and negotiate in good faith to attempt to resolve the
dispute. A dispute arising out of this Agreement that is not resolved by good -
faith negotiation shall be resolved by private arbitration. As part of the
arbitration award, the substantially prevailing party shall be entitled, in
Interlocal Cooperation Agreement City of East Wenatchee and Chelan Douglas Transportation
Council for LUCA Project
Page 3 of 5
addition to other relief, to such reasonable attorneys' fees and costs as
determined by the arbitrator.
14. Notices. Notices between Parties shall be effective if personally served upon
the other Party or mailed by registered or certified mail, return receipt
requested, to the following addresses:
City of East Wenatchee
Lori Barnett, Community Development Director
271 9th St. NE
East Wenatchee, WA 98802
Chelan Douglas Transportation Council
Jeff Wilkens, Executive Director
11 Spokane St., Suite 301
Wenatchee, WA 98801
15. Construction. This Agreement constitutes the entire agreement between the
Parties with respect to the subject matter hereof and supersedes all prior
agreements or understandings among the Parties with respect thereto. This
Agreement may be amended only by an agreement in writing signed by the
Parties.
16. Mutual Negotiation and Construction. This Agreement and each of the terms
and provisions hereof are deemed to have been explicitly negotiated between,
and; mutually drafted by, the Parties, and the language in all parts of this
Agreement shall, in all cases, be construed according to its fair meaning and
not strictly for or against either Party.
17. Filing. This Agreement shall be filed with the Douglas County Auditor's Office
in accordance with RCW 39.34.040.
18. Severability. In the event that any provision of this Agreement shall be
determined to be unenforceable or otherwise invalid for any reason, such
provision shall be enforced and validated to the extent permitted by law. All
other provisions of this Agreement are severable, and the unenforceability or
invalidity of any single provision hereof shall not affect the remaining
provisions
IN WITNESS WHEREOF the Parties hereto have executed this Agreement on
the 22— day of `�: 2018.
CITY OF EAST WENATCHEE,
WASHINGTON
LLW
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CHELAN DOUGLAS
Interlocal Cooperation Agreement City of East Wenatchee and Chelan Douglas Transportation
Council for LUCA Project
Page 4 of 5
ATTEST:
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City Clerk
APPROVED AS TO FORM:
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City Attorne
Interlocal Cooperation Agreement City of East Wenatchee and Chelan Douglas Transportation
Council for LUCA Project
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