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HomeMy WebLinkAboutReg 2014-08-04 Item 6C - Interlocal Agreement - Tukwila Pool Operations with Tukwila Pool Metropolitan Park DistrictCOUNCIL AGENDA SYNOPSIS Nleeti q D ale Prepared by /1Ia ,irc review -, Council review 07/28/14 CT Interlocal Agreement c \ i 1 ;( )R v i,ciission ,■.N Date 7/28/14 S l'( )\:;.,( )k Coiao/ ,1/1,r3 08/04/14 CT Ordinance A ./t /),ile 1/id In inI .11tp, Dote I I Pub& I lean' ng A 1u;1)a1e P1t Ponce Other ALN 1 )(ile .. ..._. _ _ . - A 1/ l''inance 1!i » 11 Sl'uN,,c ,R';, Amendments to the TPMPD Interlocal Agreement SI IM:\ I \11' Ri VIM! A liY Li COW Nit. I 1.ilitics Cinti: DATE: 7/15/14 ITEM INFORMATION ITEM No. 6.C. 115 STAil, Si,( )i\soR: DAVID CLINE ORI c ;IN,\ I, A( ;1,N1),\ 1)\ 11: 07/28/14 A( ;1Ai ).\ 1.1,:m` "Fru, TPMPD Interlocal Agreement c \ i 1 ;( )R v i,ciission ,■.N Date 7/28/14 S l'( )\:;.,( )k Coiao/ ,1/1,r3 Motion Date 08/04/14 or i IR Resolution Alig Dale DC I-) Ordinance A ./t /),ile 1/id In inI .11tp, Dote I I Pub& I lean' ng A 1u;1)a1e P1t Ponce Other ALN 1 )(ile .. ..._. _ _ . - A 1/ l''inance 1!i » 11 Sl'uN,,c ,R';, Amendments to the TPMPD Interlocal Agreement SI IM:\ I \11' Ri VIM! A liY Li COW Nit. I 1.ilitics Cinti: DATE: 7/15/14 CA&P Cmte 1 &S Ciutc 1 Transportation Cmte Parks Comm. E Planning Comm. CoMmiTIEF CI I AIR: DUFFIE Arts nnin. RECOMMENDATIONS: I' )NS( )R[11)\11\. (:( ),M \I Mayor's Office liTI,L Forward to Committee of the Whole COST IMPACT / FUND SOURCE 1x1)1,N1)111'ItkRNQ1 ■IltE1) AMOUNT BUDGETED APPROPRINI ION REQ ED Fund Source: ( 'ow/lents; MTG. DATE RECORD OF COUNCIL ACTION eeting 07/28/14 Forward to next Regular MTG. DATE ATTACHMENTS 07/28/14 Informationat Memorandum dated 07/08/14, with attachments Minutes from the Finance and Safety Committee Meeting of 7/15/14 08/04/14 ILA in final form 115 116 INTERLOCAL AGREEMENT FOR SUPPORT SERVICES BETWEEN THE CITY OF TUKWILA AND THE TUKWILA POOL METROPOLITAN PARK DISTRICT In accordance with the Interlocal Cooperation Act (RCW 39.34), the City of Tukwila ( "Tukwila ") and the Tukwila Pool Metropolitan Park District ( "TPMPD "), both of whom are Washington municipal corporations, hereby enter into the following agreement: I. RECITALS Tukwila and TPMPD, through their respective legislative bodies, have declared their intent to create a relationship whereby TPMPD contracts for support services from Tukwila; and Tukwila and TPMPD recognize that the cost savings from shared support services greatly outweighs the increased facility and administrative expenses in creating and maintaining separate facilities and accounting practices associated with the operation of the City of Tukwila Pool and related services; Now, Therefore, Tukwila agrees to provide, and TPMPD agrees to pay for, support services to facilitate the operation of TPMPD and the City of Tukwila Pool: II. AGREEMENT 1. Term of Agreement, Termination and Renewal. 1.1 Term. This Agreement shall be valid from the Effective Date set forth in Section 4.1 of this Agreement until December 3.1, 2015 unless terminated by consent of the parties or by one of the termination methods set forth below, etc. (a). Termination for non - payment. If the TPMPD has not made a monthly payment within ten (10) days after its due date of net 30, Tukwila shall send, by registered mail and email, written notice to the TPMPD that such payment is overdue. If payment is not made within five (5) business days after said notice has been received, Tukwila may terminate this Agreement by providing written notice to the TPMPD, it being understood that nothing in this shall limit or impair Tukwila's right to any remedy otherwise available under applicable law. (b). Termination for failure to carry insurance. Either party may terminate this Agreement immediately in the event the other party fails to maintain the insurance coverage required under Section 3.1. (c). Termination Without Cause. Either party may terminate this agreement at any time with one hundred twenty (120) days written notice to the other Party. 1.2. Renewal. This Agreement may be renewed only by written agreement of both Parties. 2. Scope of Work. TPMPD Interlocal Agreement - Page 1 of 7 117 2.1. Pool Operations Scope of Work. Duties shall be performed by the incumbent identified by job title(s), however the City Administrator may delegate responsibilities based on staff availability and organization needs. Tukwila shall perform the duties described in "Exhibit 1" for the TPMPD. 2.2. Pool Staff and Management. The cost of pool staff and management salaries and benefits are not included in this agreement. The cost of pool staff and management salaries and benefits shall be billed separately to the TPMPD. The positions of Aquatics Program Coordinator, Aquatics Program Specialist, and Extra Labor comprise pool staff and management. 2.3. Support Services Scope of Work. Duties shall be performed primarily by the incumbent identified by job title, however, the City Administrator may delegate responsibilities based on staff availability and organizational needs. Tukwila shall perform duties described in "Exhibit 2" as needed and requested by the Board President or his or her designee. 2.4. Support Services Cost Basis. TPMPD shall pay Tukwila for providing support services based on the hourly wages and benefits of City staff and their time spent providing support services, plus 10% for overhead expenses. Support Services are estimated to cost approximately $6,600 per month; however, nothing in this agreement limits Tukwila's ability to invoice more than $6,600 per month. 2.5. Cost Controls. If support services costs exceed $6,600 per month the parties shall work together to find options for reducing the costs. TPMPD and the City will actively seek and implement cost saving measures to assist in maintaining costs below $6,600 per month. Monthly Invoice. Tukwila shall provide to TPMPD a monthly invoice for support services provided to TPMPD outlining the nature of the services provided, the hours of service provided, the hourly rate applicable to such services and the expenses incurred no later than 15 business days after the end of each month. Payment shall be due from TPMPD 30 days from the date of invoice and made payable to the City of Tukwila. 2.6. Employees. All City employees who provide the TPMPD the services called for in this Agreement shall be employees of the City, and not employees of the TPMPD. Except as provided in this Agreement, the employees of the City who are performing the services called for in this Agreement shall not be entitled to any benefit from the TPMPD. The City shall, at all times, be solely responsible for the conduct of its employees in performing the services called for in this Agreement. The City shall be solely responsible for all compensation, benefits and insurance for its employees. The TPMPD agrees to adopt and follow the City's personnel policies and procedures related to employee safety, pool behavior and workplace harassment. 2.7. Records. All records relating to the provision of the services called for in this Agreement shall be considered records of the TPMPD, and shall be retained in accordance with the records retention requirements of the TPMPD; provided, the City may retain copies of any records that it must retain to comply with its own retention requirements or other applicable laws. TPMPD Interlocal Agreement - Page 2 of 7 118 3. Indemnification and Hold Harmless. Each party agrees to defend, indemnify, and hold harmless the other party and each of its employees, officials, agents, and volunteers from any and all losses, claims, liabilities, lawsuits, or legal judgments arising out of any negligent or willfully tortious actions or inactions by the performing party or any of its employees, officials, agents, or volunteers, while acting within the scope of the duties required by this Agreement. Each party shall be responsible for its own legal costs and attorneys' fees. This provision shall survive the expiration of this Agreement. This provision shall also survive and remain in effect in the event that a court or other entity with jurisdiction determines that this Agreement is not enforceable. It is further specifically and expressly understood that the indemnification provided herein constitutes each party's waiver of immunity under industrial insurance, Title 51 RCW, solely to carry out the purposes of this indemnification clause. The parties further acknowledge that they have mutually negotiated this waiver. 3.1. Insurance. Each party shall carry and maintain, for the duration of this Agreement property and liability insurance coverage for all operations, facilities, equipment, and personnel, including liability, at not less than the amount and coverage's as existing on the date of this Agreement in a form and with a company acceptable to the other party. 4. Accountability and Reporting. 4.1. Annual Operations Work Plan,. Tukwila, working in conjunction with the Executive Director, shall provide the TPMPD with an Annual Operations Work Plan for the coming year on or before November 15th of each year. (a). Annual Operations Work Plan Approval. The Annual Operations Work Plan shall be subject to the approval of the TPMPD, within 45 days of submittal, which approval shall not be unreasonably withheld. If the TPMPD does not approve the Annual Operations Work Plan, it shall specify in detail a reasonable basis for its disapproval. If the TPMPD fails to provide its approval or a reasonable basis for disapproval within the foregoing 45 -day period, the Annual Operations Work Plan as submitted by Tukwila shall be deemed approved. In the event of dispute or disagreement regarding the adoption of or compliance with the Annual Operations Work Plan, the parties shall resolve such dispute pursuant to the Dispute Resolution provisions in Paragraph 7. (b). Annual Operations Work Plan Content. The Annual Operations Work Plan shall include, at a minimum, the following elements: (i). Proposed pool hours, programs, partnerships, and user fees. (ii). Proposed routine maintenance plan and identification of non - routine maintenance for the year. (iii). Proposed annual operating budget including all operational expenses and expected revenue (not to include capital expenses or TPMPD administrative costs). TPMPD Interlocal Agreement - Page 3 of 7 119 (iv). Proposed program level success criteria and proposed measurements of success. (v). Proposed plan for staff development and proposed measurement of success. (c). Annual Operations Work Plan Quarterly Reporting. Tukwila shall provide the TPMPD with quarterly reports including, but not limited to, progress toward goals outlined in the Annual Operations Work Plan. These reports are due to the Executive Director one week (seven days) prior to the monthly TPMPD Board of Commissioner's meetings. 4.2. Monthly Financial Reporting. Tukwila shall provide monthly financial reports to the TPMPD. The monthly reports shall provide all income and expenses, including staffing and support services, separating operational expenses from capital expenses and TPMPD administrative costs. The reporting shall be submitted to the TPMPD Board in time to be included in the distribution for the monthly public meeting. 4.3. Monthly Operations Reporting. Tukwila shall provide a monthly operations report to the TPMPD. The monthly operations report shall be consistent with Tukwila's current monthly operations report format and content. 4.4. Performance Audits. The TPMPD may conduct Performance Audits at such time as TPMPD determines a Performance Audit is necessary. Performance Audits will include, but are not limited to, review of Tukwila's performance against Annual Operations Work Plan benchmarks, budget, timelines of current and future projects and other deliverables as presented to the Executive Director and outlined in the Annual Operations Work Plan. 5. Tukwila Policies and Procedures. The TPMPD agrees to adopt and follow all Tukwila policies and procedures relating to the operation of the pool existing on the date of this Agreement. Tukwila reserves the right to modify, remove or add policies and procedures relating to the operation of the pool, provided however, if such policies and procedures affect the TPMPD's costs under this Agreement, such modified, removed or additional policies shall be subject to the prior approval of the TPMPD, such approval by the TPMPD not being unreasonably withheld. 6. TPMPD Policies and Procedures. The TPMPD reserves the right to adopt TPMPD policies and procedures that govern pool policy and operations. If such policies affect pool operations, TPMPD will obtain Tukwila's input prior to adopting the policies. If such policies or procedures affect the wages or working conditions of Tukwila employees, such policies and procedures shall be subject to prior approval by Tukwila, such approval not being unreasonably withheld. TPMPD policies may not relax requirements below current local, state or federal standards. TPMPD policies shall supersede all previous policies once adopted. 7. Dispute Resolution. 7.1. Negotiation. In the event a dispute arises under this Agreement the parties agree to engage in a process of negotiation to resolve such dispute. TPMPD Interlocal Agreement - Page 4 of 7 120 7.2. Mediation. If the parties are unable to resolve a dispute regarding this Agreement through negotiation, either party may demand mediation through a process to be mutually agreed to in good faith between the parties within 30 days. The parties shall share equally the costs of mediation and each party shall be responsible for their own costs in preparation and participation in the mediation, including expert witness fees and reasonable attorney's fees. 8. General Provisions. 8.1. No Separate Entity Created. This Agreement does not establish a separate legal entity, joint board, or administrative section for the purpose of acquiring, managing, or disposing of property, or any other financial obligation allowed under the Interlocal Cooperation Act. 8.2. Administration. Unless the Parties otherwise agree, there shall be no lead agency responsible for the administration of this Agreement. This Agreement shall be administered jointly by the chief officers of the respective Parties. 8.3. Property Ownership. This Agreement does not provide for jointly owned property. All property presently owned or hereafter acquired by using TPMPD funds shall remain the property of the TPMPD and all property presently owned or hereafter acquired using City funds in performing services under this Agreement shall remain the property of the City in the event of the termination of this agreement. 8.4. Benefits. This agreement is entered into for the benefit of the parties to this agreement only and shall confer no benefits, direct or implied, on any third persons. 8.5. Effective Date. This Agreement shall be effective upon ratification by each Party's governing body and execution by TPMPD's Board President and the Mayor of Tukwila. 8.6. Amendment. This Agreement may be amended only upon the consent of both Parties. Any amendments shall be in writing and shall be ratified and executed by the Parties in the same manner in which this Agreement was originally adopted. 8.7. Waiver. The waiver by any party of any breach of any term, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same term, covenant, or condition of this Agreement. 8.8. Severability. If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not be affected thereby. 8.9. Entire Agreement. This Agreement represent's the entire understanding of the Parties and supersedes any oral representations that are inconsistent with or modify its terms and conditions. 8.10. Counterparts. This Agreement shall be effective whether signed by all Parties on the same document or signed in counterparts. TPMPD Interlocal Agreement - Page 5 of 7 121 8.11. Notices. Any notice to be provided under the terms of this Agreement, shall be delivered by certified mail, return receipt requested, or by personal service to the following: For Tukwila: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 TPMPD Interlocal Agreement - Page 6 of 7 122 For TPMPD: President TPMPD 6200 Southcenter Blvd. Tukwila, WA 98188 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF TUKWILA TUKWILA POOL METROPOLITAN PARK DISTRICT By: By: Jim Haggerton, Mayor Title: De'Sean Quinn, Board President Dated: Dated: Attest: Attest: Christy O'Flaherty, City Clerk Title: Kate Kruller, Clerk of the Board Approved as to Form: Approved as to Form: Rachel Turpin, City Attorney Brian Snure, Attorney for TPMPD TPMPD Interlocal Agreement - Page 7 of 7 123