HomeMy WebLinkAbout4578RESOLUTION NO. 4 5 7 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT
ESTABLISHING JOINT RESOURCE CONSERVATION
MANAGEMENT SERVICES FOR BOTH THE CITY OF AUBURN
AND THE CITY OF FEDERAL WAY
WHEREAS, the City of Auburn, Washington, a municipal corporation
(hereinafter referred to as "Auburn"), and the City of Federal Way, Washington, a
municipal corporation (hereinafter referred to as "Federal Way"), (hereinafter
collectively referred to as "the Parties"), wish to work together to establish joint
Resource Conservation Management services; and
WHEREAS, chapter 39.34 RCW, the Interlocal Cooperation Act,
authorizes municipalities in Washington to enter into agreements for the joint
undertaking of certain projects as provided therein; and
WHEREAS, the Parties are working as partners to pursue a two-year
Resource Conservation management grant ("Grant") from the Washington state
Department of Commerce, which, if received, will be used to start a Resource
Conservation Management Program ("Program") to serve all the Parties; and
WHEREAS, the parties may elect to participate in a Resource
Conservation Manager services agreement with Puget Sound Energy, as set
Resolution No. 4578
March 8, 2010
Page 1 of 3
forth and under the terms and conditions of an Energy Conservation Grant for
Resource Conservation manager Services; and
WHEREAS, the Program would study and address how each Party could
use utility resources, including water, sewer, electricity, oil and natural gas, more
efficiently; and
WHEREAS, Washington State University Extension Energy Pragram will
provide program and technical support to assist with the shared Program; and
WHEREAS, Federal Way is willing to take the lead in providing
administrative oversight of the Program on behalf of all the Parties, and to
become the "organization of record" pursuant to the Grant requirements; and
WHEREAS, the Interlocal Agreement is entered into for the mutual benefit
of the Parties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. Purpose. That the City Council of the City of Auburn
approves the Interlocal Agreement establishing joint Resource Conservation
Management services for both the City of Auburn and the City of Federal Way in
substantial conformity with the agreement attached hereto as Exhibit "A" and
incorporated herein by this reference.
Resolution No. 4578
March 8, 2010
Page 2 of 3
Section 2. That the Mayor of the City of Auburn, and the City Clerk are
authorized to execute the Interlocal Agreement Establishing Joint Resource
Conservation Management Services for both the City of Auburn and the City of
Federal Way.
Section 3. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directives of this legislation.
Section 4. Effective date. This resolution shall be in full force and
effect upon passage and signatures hereon.
Dated and Signed this day of 12010.
CITY AUBUR
✓
.
PETER B. LEWIS
MAYOR
ATTEST: D ielle E. Daskam, City Clerk
APPROVED AS TO F
Resolution No. 4578
March 8, 2010
Page 3 of 3
INTERLOCAL AGREEMENT BETWEEN THE CITIES OF AUBURN AND FEDERAL
WAY FOR RESOURCE CONSERVATION MANAGEMENT SERVICES
This Interlocal Agreement is made and entered into this day of ,
2010, by and between the City of Auburn, Washington, a municipal corporation
(hereinafter referred to as "Auburn"), and the City of Federal Way, Washington, a
municipal corporation (hereinafter referred to as "Federal Way"), (hereinafter collectively
referred to as "the Parties").
WHEREAS, chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes
municipalities in Washington to enter into agreements for the joint undertaking of certain
projects as provided therein; and
WHEREAS, the Parties are working as partners to pursue a two-year Resource
Conservation Management Grant ("Grant") from the Washington State Department of
Commerce, which, if received, will be used to start a Resource Conservation
Management Program ("Program") to serve all the Parties; and
WHEREAS, the Parties may elect to participate in a Resource Conservation Manager
services agreement with Puget Sound Energy, as set forth and under the terms and
conditions of an Energy Conservation Grant for Resource Conservation Manager
Services; and
WHEREAS, the Program would study and address how each Party could use utility
resources, including water, sewer, electricity, oil, and natural gas, more efficiently; and
WHEREAS, Washington State University Extension Energy Program will provide
program and technical support to assist with the shared Program; and
WHEREAS, Federal Way is willing to take the lead in providing administrative oversight
of the Program on behalf of all the Parties, and to become the "organization of record"
pursuant to the Grant requirements; and
WHEREAS, this Interlocal agreement is entered into for the mutual benefit of the
Parties.
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:
Resource Conservation Manaaer Position & Work Plan. If the Grant is
received, a Resource Conservation Manager (RCM) will be hired as a temporary
full-time equivalent (FTE) to provide RCM services to the Parties. Prior to
advertising for a contractor, the Parties shall meet to prepare a Work Plan for the
RCM.
At the minimum, the Work Plan shall address, and the RCM is expected to
implement, the following:
Energy Accounting (utilizing software provided under the Grant);
Basic utility efficiency and resource management action plan for facilities;
Review of resource use and potential actions;
Implementation of low-cost/no-cost measures and activities, and
measurement of results;
Assisting the Parties in securing additional grant funding and assisting in
finding rebate programs that support relevant energy efficiency projects;
Participating in technical and software training;
Reporting of results to all Parties' administrations; and
Reporting of results and successes to Commerce and the WSU Extension
Energy Program.
2. Selection of RCM. Representatives from both Federal Way and Auburn will
jointly participate in hiring the individual pursuant to personnel practices of the
Parties The RCM will be hired as soon as practicable following execution of this
contract.
3. Compensation. Federal Way shall pay the FTE's salary if an employee is hired,
and shall prepare billing statements for distribution to the Parties. Federal Way
will be responsible for paying and enrolling any applicable Public Employee
Retirement System (PERS) for the FTE and pay any applicable payroll taxes
associated with the FTE's salary. For amounts in excess of what any Grant
funds cover, Auburn shall reimburse Federal Way 50% of any such excess,
unless allocation of the RCM's time is not 50/50, in which case, Section 4 will
control. The reimbursement schedule will be established consistent with
payment terms set forth in the contract with the RCM.
4. Allocation of RCM time. Representative from both Federal Way and Auburn
will jointly supervise the RCM and provide an annual evaluation of the RCM. In
the event of discipline/counseling is deemed necessary, both the City of Auburn
and City of Federal Way will confer with each other and gain consensus before
imposing the discipline/counseling. The City of Federal Way's Policies and
Procedures will control the process for discipline. Both the City of Federal Way
and Auburn will jointly assume the risk and liabilities associated with evaluations
and disciplinary actions imposed on the RCM. The RCM shall allocate his or her
time 50/50. The RCM will spend 50% of his/her time performing RCM services
on behalf of Auburn and the other 50% on behalf of Federal Way with the duties
outlined in the RCM Work Plan. For purposes of efficiency and effectiveness the
RCM may be required to spend Additional Time, more than 50% of their time with
one Party in a month. In this event, for compensation purposes, the Party
receiving Additional Time will be responsible for cost of the actual time over 50%
and the other Party shall receive a credit for this actual time.
The proportions will hold for 12 months, and will be reevaluated annually. If
operations require or result in a notable change in resource consumption with
one or both of the Parties within a given 12-month period, Federal Way or
Auburn can call for a reevaluation of the established annual proportion.
Adjustments can then be made with the written agreement of both Parties.
5. Status and Workspace. Federal Way and Auburn shall make a workspace
available, to include a desk, chair, and access to standard office equipment and
computer connections.
6. Additional Responsibilities of All Parties. As the lead Party, Federal Way
shall have the following additional responsibilities:
Represent all Parties in communication with the Washington State
Department of Commerce (Commerce) and Washington State University
Extension Energy Program (WSU Energy);
Provide WSU Energy with summarized monthly activity reports, showing
activities associated with the minimal program requirements as stated
above;
Provide WSU Energy with quarterly reports indicating resource usage and
savings, resource expenditure amounts and savings; and
Provide Commerce with reports as per the anticipated agreement between
Commerce and Federal Way, acting as lead for Parties.
7. Support and Monitorinq 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;
Seek support of the Puget Sound Energy RCM Support Services;
program. Each Party must provide data and application materials to
Federal Way if necessary to apply for grant funds in connection with the
PSE program;
Establish a performance evaluation process for the RCM;
Provide access of all owned facilities to RCM;
Provide access to RCM of all utility bills, statements, and data; and
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
thereafter shall continue in force and effect for the duration of the two-year grant
program. Extension of the terms of this agreement beyond the initial finro-year
grant period may be affected by written agreement of the parties.
9. Termination. Any Party may terminate its participation in this Interlocal
Agreement, or its receipt of RCM services, at any time for any reason by
providing at least sixty (60) days advance notice o,f termination in writing to the
other Parties. However, the Party requesting termination must continue to
reimburse Federal Way pursuant to Section 3 of this Agreement until completion
of the Grant program unless all remaining Parties agree to new reimbursement
responsibilities and amounts resulting from updated proportions.
10. Modification. This Agreement may be modified by further written agreement
upon mutual acceptance by both Parties.
11. Compliance with Laws. Each party accepts responsibility for compliance with
federal, state, or local laws and regulations including, in particular, that party's
bidding requirements applicable to the acquisition of any goods, services, or
equipment obtained through the cooperative process agreed to herein.
12. Indemnification.
Indemnification. Auburn agrees to indemnify, defend and hold Federal Way, its
elected officials, officers, employees, agents, and volunteers harmless from any
and all claims, demands, losses, actions and liabilities (including costs and all
attorney fees) to or by any and all persons or entities, including, without
limitation, their respective agents, licensees, or representatives, arising from,
resulting from, or connected with this Agreement resulting from any action or
omission of the RCM during such time that the RCM performs services under this
Agreement for Auburn.
Federal Wav Indemnification. Federal Way agrees to indemnify, defend and hold
Auburn, its elected officials, commissioners, officers, employees, agents and
volunteers harmless from any and all claims, demands, losses, actions and
liabilities (including costs and attorney fees) to or by any and all persons or
entities, including without limitation, their respective agents, licensees, or
representatives, arising from, resulting from or connected with this Agreement
resulting from any action or omission of the RCM during such time that the RCM
performs services under this Agreement for Federal Way.
Survival. The provisions of this Section shall survive the expiration or termination
of this Agreement with respect to any event occurring prior to such expiration or
termination.
13. Contact Persons. The Parties stipulate that the foilowing persons shall be the
contact person for their respective jurisdiction.
a. City of Auburn:
Steven Burke
25 W Main Street
Auburn, WA 98001-4998
Office: 253.876.1946/Fax: 253.333.8890
b. City of Federal Way:
Bryant Enge
33325 8t" Ave S
PO Box 9718
Federal Way, WA 98063-9718
Office: (253) 835-2510/Fax: (253) 835-2409
14. Filin . A copy of this Agreement shall be filed with the City Clerk of the City of
Federal Way, and the City Clerk for Auburn and recorded with the King County
Auditor, if required by law.
15. General Provisions. This Agreement contains all of the agreements of the
Parties with respect to any matter covered or mentioned in this Agreement. No
provision of this Agreement may be amended or modified except by written
agreement signed by the Parties. This Agreement shall be binding upon and
inure to the benefit of the Parties' successors in interest, heirs and assigns. Any
provision of this Agreement which is declared invalid or illegal shall in no way
affect or invalidate any other provision. In the event either of the Parties defaults
on the performance of any terms of this Agreement or either Party places the
enforcement of this Agreement in the hands of an attorney, or files a lawsuit,
each Party shall pay all its own attorneys' fees, costs and expenses. The venue
for any dispute related to this Agreement shall be King County, Washington.
Failure of the City to declare any breach or default immediately upon the
occurrence thereof, or delay in taking any action in connection with, shall not
waive such breach or default. Time is of the essence of this Agreement and
each and all of its provisions in which performance is a factor.
16. Non-Discrimination. The Parties shall not discriminate in any manner on the
basis of any protected class status as defined by Title VII of the Civil Rights Act
and the Revised Code of Washington 49.60 Washington Law Against
Discrimination.
IN WITNESS WHEREOF the Parties have hereunto placed their hand and seals on the
day and year indicated.
C ITY
~
BY:
Peter B. Lewis, Mayor
CITY OF FEDERAL WAY
BY:
City Manager\Police Chief, Brian Wilson
Date: ApR 5 2010
Approved as t Form
For i of b
Daniel B. Hei , City Attorney
~
ATTEST: This ~day of
° , 2 0
Danielle E. Daskam, City Clerk
Date:
Approved as to Form
for City of Federal Way
City Attorney, Patricia A. Richardson,
ATTEST: This day of
,20
Federal Way City Clerk
Carol McNeilly, CMC
Shared RCM Assistance
N.t kikit is a Resource
t :~~~~ses~vation Manager?
rx Resource Conservation Manager
(R(U.M) is a designated individual
4Vi70) tiUpports a local gavernment
and resource efficiency
-=qrjm. The RCM`s sole focus is
io~ ?l, ing about reductions in the
E•~;,,r>nditures for energy, water,
r)c.tur-a( gas, fuel oil, solid waste
cJ,,~~sa1 and other utilities. This
ia c:6ne through improved use
pr,ictices, greater attention Ca
(,t lity billings and the installation
<,.-!c; «se of resource management
('c;UiFament.
v shz►uld cities and
ties bc ixiterested in
I prograin?
~~.f A
f 11:~ ~y Iocai governments have
r~c" :iad Che staff time or expertise
r,c eded to address resource waste
i~-7 ~heir facilities. The reduction of
E-.ergy or other utility costs can
f~~e up valuable funds for basic
for Local Governments
government services and help
achieve community energy and
environmental goals.
Has this approach been
sYxccessfui in the public
sector?
School districts in the Northwest
were the first to adopt this
approach and many have
RCM programs that have been
successful since the early 1990s.
During the first years of a RCM
program, typical savings reach
10 percent of utility costs. Puget
Sound Energy supports successful
RCM programs in the private
sector and at a number of public
sector agencies. There are over 75
RCMs in Washington right now.
What is the WSU
Extension Energy
Prc►gram offering?
The Washington State University
(WSU) Extension Energy
Program, in cooperation with
the Department of Commerce,
will support the creation and
successful implementation of
new RCM programs. Many local
governments would like to have
an RCM program, but do not have
utility bills large enough to make it
cost effective to dedicate someone
to it. The approach will be to
create a shared RCM position that
will serve several locai govern-
ments in a geographic area.
How will the WSLT
Extension Enertry
Program help cities
and counties?
We plan to offer assistance with:
• Identifying potential
partners
• Organizing start-up of
the local program
• The hiring process
• Training for RCM and
other staff
Energy accounting software
and training
Ongoing technical and
program support
Will lacal govcrnments
get funding assistance"I
Yes, incentive/funding will pay
for part of the RCM salary for
the first and second years. Orice
the program is established, it is
expected that resource savings will
help pay for the position in later
years.
~:A "kiit types of shared
1:~ g, rams will receive
i~%i,Ftance?
~V,r;e the focus is on counties
smailer cities, any county or
(ity i5 eligible for assistance. A
c ~..~=biried effort will make the r)r ,,,ram more cost effective. For
F<:.rrlple, several cities, a county,
Ean.i ootentially other gavernment
E es (e.g., schoal district or
[11`1'j cOuld join together to create
t; },,r;_aI RCM program.
I°~ie intenfi is Co create a
sh::3rad RCM program for local
cjc;vernrnents that currently
c.ombined annual utility
E.onses of at least $1.5 million.
1 ;ncludes the participants'
E-~,r ricity, natural gas, transporta-
t,i fiuel, water, solid waste, and
r- ~~clirig costs.
Schedule for program
implementation:
September 2009 -
&egin training potential candidates
for RCM positions
Fall 2009 -
Recruit and begin working with
local governments
January 2010 -
Program infrastructure in place
2010-2011 -
Continue training, as well as
program and technical support
For more background on
resource conservation
management, visit
www. energy. wsu, edu/projects/
rem/rcm. cfm.
W'1SEIINGl'()N SIt1:CE? U\IVt~:IZSf'1y
-
~EXTFNSIC?N ENc.RC;Y PRC)GRA~vt
~
Department of Carnmerce
innovatiran is in our nature.
W5UEEP09-022
O 1009 Washington State University
Extension Energy Program