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HomeMy WebLinkAbout017 18STATE OF WASHINGTON COUNTY OF JEFFERSON In the Matter of Updating a Resolution x RESOLUTION NO. 17-18 Establishing a Policy Regarding Work by x Jefferson County Department of Public Works for x Other Public Agencies and County Departments x A RESOLUTION ESTABLISHING A POLICY REGARDING APPROVAL OF WORK BY JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS FOR OTHER PUBLIC AGENCIES AND COUNTY DEPARTMENTS WHEREAS, Chapter 39.34 RCW (short title: "Interlocal Cooperation Act"), provides for any power or powers, privileges or authority exercised or capable of exercise by any agency, political subdivision, or unit of local government of this state to be exercised and enjoyed jointly with any other public agency of this state, and jointly with any public agency of any other state or of the United States; and, WHEREAS, Jefferson County Public Works has particular skills, expertise and/or equipment that from time to time may be beneficially extended to other agencies, political subdivisions, or units of local government of this state, to agencies, political subdivisions, or units of local government of other states, or to other Jefferson County departments; and, WHEREAS, The Board of County Commissioners of Jefferson County will accept requests for cooperative, collaborative, or collective work from other agencies, political subdivisions, or units of local government of this state, from agencies, political subdivisions, or units of local government of other states, and from other Jefferson County departments; and, WHEREAS, Chapter 136-50 WAC - Standards of Good Practice, Statutory Relationship Between County Engineer and County Legislative Authority, Adoption of Written Policies and 136- 50-054 WAC, Policy Regarding Approval of Work For Other Public Agencies and County Departments requires the Board of County Commissioners to develop and by Resolution adopt a written policy regarding the approval of work for other public agencies and for county departments; and, WHEREAS, The Board of County Commissioners desires to update its policy on work for other public agencies previously adopted in Resolution No. 34-75 and Resolution No. 19-86; NOW, THEREFORE, BE IT RESOLVED: That in consideration of the mutual benefits and advantages of intergovernmental cooperation, the Jefferson County Board of County Commissioners hereby establishes the policy and procedures for work performed by the Jefferson County Department of Public Works for others as follows: Page 1 of 4 POLICY Work may be performed by Jefferson County Public Works for other agencies, political subdivisions, or units of local government of this state, for agencies, political subdivisions, or units of local government of other states, when, and not before, each of the following conditions and/or requirements have been satisfied: That an appropriate written agreement which materially conforms to the one attached hereto as Exhibit A but which may be modified and/or replaced with a similar form mutually acceptable to both parties: (a) Has been approved and executed by the Jefferson County Board of Commissioners upon recommendation of the Public Works Director/County Engineer, as specified herein, and (b) Has been approved and executed by the Requesting Agency; and, That such agreement shall precede any work done for others by the Public Works Department; and, That all work will be reviewed by the Public Works Director/County Engineer to ensure that the performance of the work will neither interfere with nor interrupt the Public Works Department's primary functions, the management, operation, maintenance, and construction of the county road system or other county duties; and, That the work requested and the agreement approved conforms, in every aspect, to the State of Washington "Interlocal Cooperation Act", including but not limited to the agreement's duration, purposes, financing and budget, termination provisions, administrator, and holding and disposing of any real and personal property. Work may be performed for/by other county departments upon written agreement and approval by the Directors of both county departments. PROCEDURES - Public Agencies: Public Agencies requesting to have reimbursable work performed by the Public Works Department shall submit a request, on a form provided by the Public Works Department, to the Public Works Director/County Engineer for review and recommended action. The request may be for a specific item of work, or a general agreement may be executed for any work to be done during the term of the agreement. For work done during the term of the agreement, the general agreement shall be supplemented by individual requests for specific items of work. Individual work requests will be made on forms provided by the County Public Works Department and will be acted on in the same manner as agreements for specific items of work. Page 2 of 4 PROCEDURES - Interdepartmental: Other county departments requesting that reimbursable work be performed by the County Public Works Department are to submit their request on a form provided by the County Public Works Department to the Public Works Director/County Engineer for review. PROCEDURES - Authorization: The Public Works Director/County Engineer may authorize a request for work that does not exceed $50,000 from: (a) Other public agencies covered under an Interlocal Agreement previously approved and fully executed by the Board of County Commissioners and the requesting party (b) Interdepartmental requests The Board of County Commissioners will approve, modify, or deny all work requests from other public agencies exceeding $50,000. The County Administrator will approve, modify, or deny all interdepartmental requests exceeding $50,000. PROCEDURES - Records: Upon approval of an agreement, specific item of work, or interdepartmental request, the Public Works Director/County Engineer shall, prior to commencement of the work, assign account numbers as are necessary to maintain complete fiscal records of the work activity. PROCEDURES - Reimbursement: Charges for reimbursable work shall include the actual cost of labor and benefits, materials, and equipment rental. Indirect costs (overhead) shall be included at a calculated rate approved by the Public Works Director/County Engineer. The Jefferson County Department of Public Works shall invoice the public agency or county department for whom the work has been accomplished. The public agency or county department shall reimburse the Jefferson County Public Works Department by making payment to Jefferson County Public Works which shall present the funds to the Jefferson County Treasurer for deposit in the appropriate Public Works fund (i.e. County Road fund or other fund from which work was originally performed). Said payment shall be mailed or delivered to the Jefferson County Department of Public Works office within thirty (30) days following submission of the billing statement by the Public Works office. Page 3 of 4 BE IT FURTHER RESOLVED: That prior Resolutions regarding work performed by Public Works for other Agencies, including Resolution 34-75 and Resolution 19-86, are hereby repealed. d ADOPTED THIS �_ DAY OF ATTEST: Erin Lundgren, Clerk of the Boa Page 4 of 4 2018. JEFFERSON COUNTY BOARD O OMMISSIONERS David W. Sullivan, Chair Kate Dean, Member mal Kathleen Kler, Member a.. _.r �ItAL: t � i • a ATTEST: Erin Lundgren, Clerk of the Boa Page 4 of 4 2018. JEFFERSON COUNTY BOARD O OMMISSIONERS David W. Sullivan, Chair Kate Dean, Member mal Kathleen Kler, Member EXHIBIT A INTERLOCAL AGREEMENT BETWEEN JEFFERSON COUNTY AND [INSERT PUBLIC AGENCY NAME] This Interlocal Agreement is made and entered into pursuant to the provisions of Chapter 39.34 RCW by and between the County of Jefferson and the [INSERT PUBLIC AGENCY NAME]. Either party to the agreement, the requesting party (hereinafter Requester) and the providing party (hereinafter Provider) may request work, equipment rental or materials from the other party as they find mutually beneficial. I. RECITALS WHEREAS, Both parties employ persons who specialize in certain types of projects, and also owns certain types of equipment and materials; WHEREAS, each party may from time to time, find it advantageous or desirable to have certain work performed by the other party or its contractor and /or to obtain the use of equipment or materials from the other party for specific projects. WHEREAS, both parties, will benefit from cooperation on projects in this manner; WHEREAS, Chapter 39.34 RCW provides that local jurisdictions may enter into cooperative agreements for their mutual benefit; Now, therefore, the County of Jefferson and the [INSERT PUBLIC AGENCY NAME], through their respective legislative bodies, do hereby agree as follows: PURPOSE OF AGREEMENT: The purpose of this agreement is to provide for cooperation between parties in projects by allowing either party to request that certain work be performed by the other or its contractors, or that either party be allowed to rent certain pieces of equipment owned by the other party, or purchase materials owned by the other party. ADMINISTRATION OF AGREEMENT: Both parties will administer this agreement. DURATION OF AGREEMENT: This agreement shall take effect upon execution of the agreement by both parties and shall remain in effect until terminated. TERMINATION OF AGREEMENT: Either party may terminate this agreement by giving thirty (30) days written notice to the other party. Page A-1 of 4 EXHIBIT A ACQUISTION OF PROPERTY: Unless otherwise agreed to in writing, any property acquired by either party pursuant to this agreement shall remain property of that party. REQUESTS: Whenever either party desires to obtain work by or to rent equipment or purchase materials from the other party pursuant to this agreement, the Requester shall make a request for said work or equipment in a form required by the Provider. REVIEW & APPROVAL OF REQUEST: The request will be reviewed by the Provider and the Provider's work crews to perform the work requested and/or the requested equipment/materials. The Provider's Director, or his designee, shall have final decisions as to approval of either the work crew, equipment or materials. FULFILLMENT OF REQUESTS: If the request is approved by the Provider, as set forth in this agreement, the Provider will perform the work requested or provide the equipment or materials requested. EMPLOYEES: All employees assigned to projects pursuant to this agreement, remain employees of their respective agency at all times and shall perform the work requested under sole supervision of their agency. Labor, procedures, equipment and materials in performance of projects pursuant to this agreement shall be mutually agreed to in writing. EQUIMPENT: Equipment to be provided pursuant to this agreement shall be inspected by both parties prior to use. The Requester using the equipment shall bear responsibility for insuring that operators of said equipment are properly trained in the use of said equipment. Requester shall compensate the Provider for any and all losses and/or damages occurring while equipment is in possession of the Requester. FIANANCIAL RESPONSIBILITY: The Requester shall be solely responsible for all costs of Requester's project, and administration of all grant funds, if any, related to the Requester's project. REIMBURSEMENT: Requester shall reimburse Provider for all costs of direct and indirect labor (including fringe benefits), administration, equipment rental, engineering, materials and supplies for the project, performed pursuant to this agreement. In addition, indirect costs ("overhead") shall be included at the rate calculated and approved by the Provider. Requester shall reimburse Provider for use of equipment at the rate determined by Provider's Director or his designee. Provider shall submit a statement to Requester after performance or delivery and with thirty (30) days Requester shall remit thereon. HOLD HARMLESS: Each party shall defend, indemnify and hold harmless the other party from and against all claims, suits and/or other actions arising from any negligent or intentional act or omission of that party's employees, agents, and/or authorized subcontractors arising from the performance of this agreement. INSURANCE: Provider may require, as its condition of performance of the project and/or provision of equipment that Requester Contractor obtain appropriate insurance, Page A-2 of 4 EXHIBIT A which may include naming Provider as an additional insured. If Provider so requires, it shall notify Requester and give Requester the option to withdraw its request. DATED this day of [INSERT PUBLIC AGENCY NAME] SAMPLE ONLY — DO NOT SIGN 20 BOARD OF COMMISSIONERS JEFFERSON COUNTY, WASHINGTON SAMPLE ONLY — DO NOT SIGN Board Member, Chair SAMPLE ONLY — DO NOT SIGN Board Member, Member SAMPLE ONLY — DO NOT SIGN Board Member, Member Page A-3 of 4 EXHIBIT A REQUEST FOR WORK Party Requesting Service: Party Providing Service: Description of Requested Service: Location of Requested Service: Dates of Requested Service: Estimate and Terms: (include here or attached) Requesting Agency Official ❑ Approved ❑ Denied Providing Agency Official Date Date Page A-4 of 4 Department of Public Works O Consent Agenda Page 1 of 2 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator ' "/7 From: Monte Reinders, Public Works Director/County Engineer L Agenda Date: April 23, 2018 Subject: Updating Resolution Establishing a Policy Regarding Approval of Work by Jefferson County Public Works for Other Public Agencies Statement of Issue: A resolution is attached for Board consideration to update the policy that allows Public Works to perform work for other governmental agencies and Jefferson County departments. This model resolution form was provided by the County Road Administration Board (CRAB). This is one of the policies that Washington counties are required to have in order to receive a Certificate of Good Practice from CRAB as a condition of receiving motor vehicle fuel tax revenues. This resolution will replace the prior policy adopted in 1986 by Resolution 19-86. Analysis/Strategic Goals/Pro's Et Con's: Chapter 39.34 RCW (short title: "Interlocal Cooperation Act"), provides for any power or powers, privileges or authority exercised or capable of exercise by any agency, political subdivision, or unit of local government of this state to be exercised and enjoyed jointly with any other public agency of this state, and jointly with any public agency of any other state or of the United States. Jefferson County Public Works has particular skills, expertise and/or equipment that from time to time may be beneficially extended to other agencies, political subdivisions, or units of local government of this state, to agencies, political subdivisions, or units of local government of other states, or to other Jefferson County departments. Work requests will only be approved if the work will not unduly interfere with the Public Works Department's primary functions. Fiscal Impact/Cost Benefit Analysis: Other governmental agencies or departments seeking to have Public Works perform reimbursable work will pay for all labor, equipment, materials, and overhead. Department of Public Works O Consent Agenda Page 2 of 2 Recommendation: Department Contact: Reviewed By: Philip Mor ey, ounty Adminis for Date