The URL can be used to link to this page

Home My WebLink About5.1004 Original ContractINTERLOCAL AGREEMENT BETWEEN THE CITIES of PORT ANGELES and SEQUIM, OLYMPIC MEDICAL CENTER, CLALLAM TRANSIT and CLALLAM COUNTY for RESOURCE CONSERVATION MANAGEMENT SERVICES 51' This Interlocal Agreement is made and entered into this 1 day of Mara() 2010, by and between the City of Port Angeles, Washington, a municipal corporation [hereinafter referred to as "Port Angeles "), the City of Sequim, Washington, a municipal corporation (hereinafter referred to as "Sequin "), the Olympic Medical Center, a public . hospital district (hereinafter referred to as "OMC "), Clallam. Transit, a public transit agency (hereinafter referred to as "Transit') and Clallarn County, a political sub - division of Washington State government (hereinafter referred to as "County "); the five collectively hereinafter referred to as "the Parties." WHEREAS, the Parties are coordinating their effort to pursue a two -year Resource Conservation Management Grant ( "Grant") from the Washington State .Department of Commerce ( "Commerce "), which, if received, will be used to start a shared Resource Conservation Management Program ( "Program'') to serve all the Parties for at least those two years; and WHEREAS, the Program would study and address how each Party could use and conserve utility resources, particularly electricity, more efficiently thereby reducing utility expenses; and WHEREAS, Washington State University Extension Energy Program ( "WSU Energy ") acting as an agent and advisor to the County and the Parties at the direction of the funder /grantor Dept of Commerce, shall provide program and technical support to assist with the Program; and WHEREAS, the County is willing to take the lead in securing the Grant and providing administrative oversight of the Program, and to become the "organization of record" pursuant to the Grant requirements; and WHEREAS, this Interlocal Agreement ( "Agreement ") is entered into for the mutual benefit of the Parties; and is specifically authorized by the Interlocal Cooperation Act set . forth in Chapter 39.34 of the Revised Code of Washington; co'per tia •, Doti 003 /to Interlaced Agreement between the Cities of Port Angeles and Setlrrinr, Olympic Medical Center, Ciailam Transit and Giuliani County fur Resource Conservation Management Services Now, therefore, for and in consideration of the services to be rendered, resources to be shared, and the payments to be made, the parties hereby recite, covenant and agree as follows: 1. Resource Conservation Manatzer Position & Work Plan. If a $75,000 Grant is received by the County, a Resource Conservation. Manager ("RCM") will be contracted or hired as a temporary two (2) year term, full -time equivalent ( "FTE ") to provide RCM services to the Parties. Prior to advertising for a contractor or an . employee, the Parties shall meet to cooperatively prepare a written Job Description and a Two Year Work. Plan for the RCM. At a minimum, the Work Plan shall address, and the RCM is expected to implement, the following: • RCM Program to produce at least at least a 5% overall utility bill savings for each party beginning in the first year. • Energy Accounting (utilizing software provided under the Grant) . for each Party • Basic utility efficiency and resource manager ..ent action plan for each facility owned by each Party, within first. year • Review of resource use and comparison to benchmarks • Implementation of no -cost measures and activities, and measurement of results • Identification of low -cost measures and activities to be considered by each Party • Assistance for the Parties in securing additional grant funding and assisting in securing rebate programs that support relevant energy efficiency projects • Participation in technical and software training • Report generation of results to all Parties' administrations on a periodic basis • Report updates of results and successes to Commerce and WSU Energy 2. Selection of RCM. County will take the lead in contracting with or hiring the individual or firm selected to do the work on behalf of the Parties. If the County elects to retain a contractor, County will assemble and advertise a Request for Proposals, with the assistance of WSU Energy. The Parties shall have the option to attend interviews conducted pursuant to the RFP, and may provide opinions to County as to the most qualified contractor or employee. Page 2 of 7 Pages DEAR 1 With WSW contribution Clallam City of Sequim City of Port Angeles Olympic Medical Center Clallam Transit Totals Interlocal Agreement between the Cities of Port Angeles and Sequin', Olympic Medical Center, Callan' Transit and Gallant Cnuntyfar Resource Conservation Management Services 3. Compensation. County will make payments due to the contractor under the RCM contract, or shall pay the FTE's salary if an employee is hired and shall prepare billing statements for distribution to the Parties. The County shall keep timecard records available for review by the Parties if requested. The reimbursement schedule will be established consistent with the allocation terms set forth in Section 4 of this Agreement. The County shall be solely responsible for compliance with all contracting or employment requirements including, but not limited to labor law issues and discrimination issues. 4. Allocation of RCM time and 13udtet. The estimated total cost of the two year program $200,000; the grant will fund $50,000 in year one and $25,000 in year two. The Parties will fund $50,000 in year one and $75,000 year two. The est:im.ateci $125.000 net cost to the Parties for the two years of the grant period for the RCM shall he allocated to each party as set forth in this Section. The RCM shall initially allocate his or her time according to the amount each Party spends on electricity in relation to the other Parties. For example, if the County spends 16% of the sum total of electrical expenses of the five Parties combined, the RCM will spend 16% of his/her time performing RCM services on behalf of the County consistent with the duties outlined in the RCM contract. The following proportions will hold for the first 12 months of the Agreement, and will be reevaluated in the eleventh month of the first year of this Agreement, and annually thereafter as long as the contract with the RCM remains in place. If operations require or result in a notable change in resource consumption with one or more of the Parties within a given 12 month period. County can, at the request of any Party or of its own accord, call for a joint reevaluation of the established annual proportion. Adjustments can then be rnacle with the agreement of all Parties. j Total Utility Expense 328,798 234,400 730,526 759,194 51,600 $ 2,104,518 Page 3 of 7 Pages Partnership Share Partner Contribution oimount 16% $ 7,812 11% $ 5,569 35% $ 17,356 36% $ 18,037 2% $ 1,226 100% $ 50,000 interlocal 4yre',neii1 between the Cities Qf Port Angeles and Sequiui, Olympic Medical Center, Clailam Transit and Clallam County for Hesuurce Cn(iservatinn Management Services Totals 2- -VVith ;W' SU ontritaution' Clallam City of Sequim City of Part Angeles Olympic Medical Center Clallam Transit Total Utility Expense 328,798 234,400 730,526 759,194 51,600 2,104,518 Parthership Share Partner Contribution" 'Amount Page 4 of 7 Pages 100% $ 75,000 11,718 8,353 26,034 27,056 1,839 5. Status and Workspace. if desired by the RCM, the County shall make a workspace available, to include a desk, chair, and access to standard office equipment and computer connections. The Parties may agree to provide the RCM a workstation at their individual locations when the RCM is working on their proportion o f the Work. 6. Additional. County Responsibilities. As the lead Party, County shall have the following additional responsibilities: • Oversee Work Plan implementation, and monitor progress (See 7 below). • Represent all. Parties in communication with Commerce and WSU Energy. • Provide WSU Energy, and the Parties, with summarized monthly activity reports, showing activities associated with the Program requirements as stated above. • Provide WSU Energy, and the Parties, with quarterly reports indicating resource usage and savings, resource expenditure amounts and savings. • Provide Commerce with reports as per the anticipated agreement between Commerce and County, acting as lead foi the Grant. 7. Support and Monitorine of RCM. The Parties shall support and monitor the performance and progress of the RCM in the following ways: • Meet at regular intervals to assess RCM progress, which shall occur on a frequency as determined by the Parties and at least quarterly. • Seek support of the City of Port Angeles Electric Utility and the Public Utility District 41 of Clallam County energy conservation programs. • Each Party must provide the necessary data and application materials to apply for grant or applicable energy conservation rebate funds. Interlocal Agreement between the Cities of Port .4ngefes and Squib», Olympic Medical Center, Cfa Transit and Callan; Comity fr Resource Conservation Management Services • Establish a performance evaluation. process for the RCM within three months of the execution of this Agreement. • Provide access of all owned facilities to RCM. • Provide access to RCM of all utility bills, statements, and data. • Facilitate meetings between RCM and facilities managers, and RCM and other appropriate staff. 8. 'Term. This agreement shall only take effect after the Grant is approved, and thei eafte.r shall cuntinu.e in force and effect for the duration of the two-year grant program. Extension of the terms of this agreement beyond the initial two -year grant period m.ay be effected by written agreement of all of t.h.e .Parties. 9. Termination. This Agreement shall terminate if a grant is not approved by Commerce within 90 days oaf its execution. Any Party may terminate its participation in this Interlocal Agreement, or its receipt of RCM services, at any time for any reason providing at least sixty (60) days advance notice of termination in writing to the other Parties. 10. ILold Harmless. Each party to this Agreement shall defend, ind.emnify and hold each other party, its appointed and elected officers and employees, harmless from claims, actions, injuries, damages, losses or suits including attorney fees, arising or alleged to have arisen directly or indirectly out of or in consequence of the performance of this Agreement to the extent caused by the fault or negligence of the indemnitor, its appointed or elected officials, employees, officers, agents, assigns, volunteers or representatives. 1 t . .A.urlicable .Law and Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a dispute, such dispute shall be litigated in the Superior Court of Clallam County, Washington, or in another venue mutually agreed to. 12. Non Parties shall not discriminate in any manner related to this Agreement on the basis of race, color, national origin, sex, religion, age, marital status or disability in employment or the provision of services. Page 5 of 7 Pages lnterlocal Agreement between the Cities of Port Angeles and Seguin, Olympic Medical Center, Claliaoi Transit and Clallam County for Resource Conservation rlilana.etnent Services 13 Sevcrability. if any provision of the Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of all Parties. 14. Entire A reement. This Agreement constitutes the entire agreement between the Parties. Any modifications or amendments to this Agreement shall he in writing and shall be signed by each party. 15. Compliance with RCW 39.34.040. Pursuant to RCW 39.34.040, this agreement shall be , ied with the Clall am County Auditor or a lt erna tivr u l y , li b su bject on, the. public web site of th.e Parties hereto or on other electronically retrievable public source. (PC- DATED this 1/3 day of re bata -Y 4 J CITY OF PORT ANGELES Dan Di. Guilio, Mayor ATTEST: akO la d�e`s.sa. Hurd, City Clerk APPROVED AS TO FORM: ( William E. Bloor, City Attorney Page 6 of 7 Pages CITY OF SEQUIM. 6 r ( lie ineth Ha s, Mayor `` iS �j�FC ot.CU 1N6 l �~�ICC71� c] { L f o ATTEST: 2010. K. ten Kurtf k- Reese, k1MC, City Clerk APPROVED AS TO FORM: Craig A. Ritchie, City Attorney Interim-al Agreement between the Cities of Port Angeles and Seguim, Olympic Medical Center, Claflam Transit and Clallam County Or Resource Conservation Management Services OLYMPIC MEDICAL CENTER Eric Lewis. CEO BOARD OF oward V. Dpi , . ATTEST Trish Widen, CMC, Clerk of the Board APPROVED AS TO FORM: Approved , : form only LAM COUNTY COMMISSIONERS hertu Jr. CI air Dougla Jensen Chief Vil reputy Prosecuting Attorney Clalla County Page 7of7Pages CLALLAM TRANSIT Terry Wee. eneral Manager 1 Mary E. B9. 'er, C SIC, Clerk to the Board, APPROVED AS TO FORM: Craig L. 'iller, CTS Legal Counsel From the Desk of ADMINISTRATOR JIM JONES, .7R. File: A14.11 4 November 2010 Yvonne Ziomkowski City of Port Angeles 321 East 5th Street Port Angeles, WA 98362 -0217 RE: Release of Utility Account Data for Shared Resource Conservation Management Program Dear Yvonne: You are hereby authorized to release all Clallam County utility accounting data to the Shared Resource Conservation Manager (RCM). This data will be analyzed to implement and track our utility cost avoidance program. This request is in accordance with the Interlocal Agreement entered into by Clallam County and four other partner agencies on 23 February 2010; pages 4 and 5 commit all parties to the following: "The Parties shall support and monitor the performance and progress of the RCM in the following ways: Provide access of all owned facilities to RCM Provide access to RCM of all utility bills, statements, and data" Specifically, we request you provide our Shared RCM with the following in an expeditious manner: 1. Information on all electricity, water, sewer /wastewater, stormwater, garbage, and recycling accounts paid for by our agency 2. At least the last three years of historical use and billing data (month -by- month) in MS Excel format that can be imported to the Energy Management software EnergyCAP (instructions forthcoming); the last five years is preferred Following submission of the last three or five -years of data please begin providing monthly use and billing for each of these accounts sent in MS Excel format. Direct all information to osorinaOco.clallam.wa.us. Your cooperation in this matter will be appreciated. Sincerely, James A. Jones, Jr. County Administrator c: Perry Spring Phil Lusk j: \public \correspondence \from jones\2010\data request for rcm.docx Board of Clallam County Commissioners 223 East 4 Street, Suite 4 Port Angeles, WA 98362 -3015 360.417.2233 Fax: 360.417.2493 Email jiones(dco.clallam.wa.us November 16, 2010 Yvonne Ziomkowski City of Port Angeles 321 East 5th Street Port Angeles, WA 98362 -0217 RE: Release of Utility Account Data for Shared Resource Conservation Management Program Dear Yvonne: CCa[lam Transit System 830 W. Lauridsen Blvd. Port Angeles, WA 98363 www clallamtransit corn You are hereby authorized to release all Clallam Transit System utility accounting data to the Clallam County Shared Resource Conservation Manager (RCM). This data will be analyzed to implement and track our utility cost avoidance program. This request is in accordance with the Interlocal Agreement entered into by Clallam Transit and four other partner agencies on 23 February 2010; pages 4 and 5 commit all parties to the following: "The Parties shall support and monitor the performance and progress of the RCM in the following ways: Provide access of all owned facilities to RCM Provide access to RCM of all utility bills, statements, and data" Specifically, we request you provide our Shared RCM with the following in an expeditious manner: 1. Information on all electricity, water, sewer /waste water, stormwater, garbage, and recycling accounts paid for by our agency 2. At least the last 3 years of historical use and billing data (month -by- month) in MS Excel format that can be imported to the Energy Management software EnergyCAP (instructions forthcoming); the last 5 years is preferred Following submission of the last 3 5 years of data, please begin providing monthly use and billing for each of these accounts sent electronically in MS Excel format. Direct all information to Perry Spring Dsoring co.clallam.wa.us. Your cooperation in this matter will be appreciated. Sin ely, Terry Weed, General Manager Clallam Transit System (360) 452 -1315 6/004{ (360) 452 -1315 1- 800 858 -3747 WA FAX (360) 452 -1316 Passenger Assistance: (360) 452-4511