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HomeMy WebLinkAbout2737 1 RESOLUTION NO. 2 7 3 7 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, 4 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDED INTERLOCAL AGREEMENT WITH `THE SOUTH KING COUNTY 5 COMMUNITY NETWORK AUTHORIZING THE CITY OF AUBURN TO ACT AS A DEPOSITORY OF FUNDS BELONGING TO ,THE SOUTH KING COUNTY 6 COMMUNITY NETWORK 7 ' 8 WHEREAS, the newly elected officials of the South King 9 County Community Network (hereinafter SKCC Network) have 10 created SKCC Network ' s management; and 11 WHEREAS, legislation creating the South King County 12 Community Network requires another public entity to act as a 13 depository of the SKCC Network ' s funds; and 14 WHEREAS, pursuant to RCW 39 34 , the Interlocal 15 Cooperation Act, the parties ented into an agreement for 16 cooperative action; and 17 WHEREAS, the City of Auburn, as a municipal corporation, 18 understands the legal requirements imposed on the maintenance 19 of municipal accounts; and 20 WHEREAS, certain housekeeping amendments have been made 21 to the Interlocal Agreement, to-wit The agency account shall 22 be maintained through the City of Auburn' s account with US 23 Bank Corp , 401 15th NE, Auburn, WA; the payment to the City 24 shall be $3 00 per transaction instead of $10 00 and adding 25 26 Resolution No. ?737 June 17 1996 Page 1 1 the following language to the end of Paragraph 1 "In addition, 2 the SKCC Network commits to expending the funds deposited with 3 the City of Auburn only for the purposes of planning and 4 services per the Family Policcy Council guidelines " 5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 6 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 7 RESOLVES AS FOLLOWS 8 Section 1. AGREEMENT. The Mayor and City Clerk are 9 herewith authorized to execute the amended Interlocal 10 Agreement of Deposit of Funds with the South King County 11 Community Network (SKCC Network) allowing the City to act as a 12 depository of funds belonging to the SKCC Network A copy of 13 the Agreement is attached, designated as Exhibit "A" , and is 14 incorporated by reference in this Resolution 15 Section 2 . AUTHORITY. The Mayor is hereby authorized to 16 implement such administrative procedures as may be necessary 17 to carry out the directives of this legislation 18 1/ DATED and SIGNED this 17th day of June, 199x, 19 20 CITY OF AUBURN 21 22 H-(� 23 �VQr'Q-i 070? 24 CHARLES A BOOTH MAYOR 25 26 Resolution No. 2737 June 17, 1996 Page 2 1 2 ATTEST ) ati ,t6t 4 Robin Wohlhueter, City Clerk 5 6 7 APPROVED AS TO FORM 8 9 P � 10 11 Michael J Reynolds, City Attorney 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Resolution No. 2737 June 17, 1996 Page 3 INTERLOCAL AGREEMENT OF DEPOSIT OF FUNDS THIS AGREEMENT made entered into between the CITY OF AUBURN, a municipal corporation under the laws of the State of Washing- ton, located at 25 West Main, Auburn, WA 98001, hereafter referred to as CITY OF AUBURN, and the SOUTH KING COUNTY COMMU- NITY NETWORK, an organization established under the laws of the State of Washington, located at 1851 South Central Place, Suite 119, Kent, WA 98031, hereafter referred to as SKCC NETWORK WHEREAS, the newly formed SKCC NETWORK has selected its Chair, Vice-chair, Secretary, Treasurer and Executive Committee; and WHEREAS, the elected officials are still in the process of creating the SKCC NETWORK'S management organization; and WHEREAS, the legislation creating the SKCC NETWORK requires another public entity to act as depository of SKCC NETWORK'S funds; NOW, THEREFORE, in accordance with the Interlocal Coopera- tion Act, Chapter 39 34 RCW, and in consideration of the condi- tions herein, the parties agree as follows 1. PURPOSE. The purpose of this Agreement is to provide for the CITY OF AUBURN to act as a depository for funds belonging to the SKCC NETWORK The CITY OF AUBURN, as a municipal corporation, under- stands the legal requirements imposed on the maintenance of municipal accounts including the system of uniform accounting Interlocal Agreement for Deposit of Funds September 19, 1995 Page 1 �/ Resolution No ��`l7 required by the State Auditor The purpose of this Agreement is to establish such an interim agency account on behalf of the SKCC NETWORK until the SKCC NETWORK can complete the organization of its finance procedures and data base operation It is intended that the CITY OF AUBURN shall only provide services for the de- posit and disbursement of funds as may be duly authorized by the SKCC NETWORK and shall act on those funds only at the direction of the SKCC NETWORK It is intended that the SKCC NETWORK shall retain all responsibility and obligations regarding its funds In addition, the SKCC NETWORK commits to expending the funds deposited with the CITY OF AUBURN only for the purposes of plan- ning and services per the Family Policy Council guidelines 2 . DEFINITIONS. Unless a context clearly shows another usage is intended, the following terms shall have the meanings in this section 2 .1. Agency Account: Agency account shall constitute a sepa- rate account within the operations of the CITY OF AUBURN Finance Department, which separate account shall be desig- nated as the SOUTH KING COUNTY COMMUNITY NETWORK account This agency account shall be maintained for the deposit of funds belonging to the SKCC NETWORK and shall comply with the legal requirements enumerated in Chapter 43 09 RCW and the requirements of the State Auditor s office The CITY OF AUBURN shall deposit, expend and invest funds in the agency account only upon the authority and direction of the SKCC NETWORK The agency account shall be maintained through the CITY OF AUBURN'S account with US Bank Corp , located at 401 15th NE, Auburn, WA, 98002 2 2 SKCC NETWORK Funds These funds shall consist of all monies and revenues belonging to the SKCC NETWORK, including but not limited to grant awards, transmitted with proper authentication and authorization by the SKCC NETWORK for deposit or expenditure in and from the agency account Interlocal Agreement for Deposit of Funds September 19, 1995 Page 2 CC/1/.C/1/.Resoso Resolution No 2 3 Disbursement and Deposit Authority The Chair, Vice-chair, Secretary and Treasurer of the SKCC NETWORK will authorize in writing directions to the CITY OF AUBURN Finance Director for the expenditure, deposit, or disposition of funds contained in the agency account Such authorization shall include written approv- al of the directions by the SKCC NETWORK board Procedures and instruments for the control and disbursement of funds shall be the same as, or consistent with those procedures and instruments of the CITY OF AUBURN 3 . ESTABLISHMENT OF AGENCY ACCOUNT. The CITY OF AUBURN shall establish, on behalf of the SKCC NETWORK, an agency account under the direction of the CITY OF AUBURN Finance Department, which account shall be used for the deposit and expenditure of the SKCC NETWORK funds The CITY OF AUBURN shall act as a limited trustee on behalf of the SKCC NET- WORK'S finances subject to the terms and conditions of this Agreement The SKCC NETWORK shall be solely responsible for the valid authorization of the acceptance, expenditure, deposit, or disbursement of the SKCC NETWORK'S funds The CITY OF AUBURN, by and through its Finance Director, shall rely on the written di- rection and authorization provided by the Chair, Vice-chair, Secretary and the Treasurer of the SKCC NETWORK, as authorizing agents on behalf of the SKCC NETWORK The written authorization shall include documented approval by the board of the SKCC NET- WORK Both parties agree and understand that the books and re- cords contained in the agency account shall be subject to audit in the manner provided by law for the auditing of public funds and shall be open to inspection by the SKCC NETWORK at any time The CITY OF AUBURN Interlocal Agreement for Deposit of Funds September 19, 1995 Page 3 4/13(2 Resolution No reserves the right to request additional written authorization by the board of the SKCC NETWORK concerning funds in the account when the CITY OF AUBURN determines that such additional written direction and authorization is necessary 4 . INVESTMENTS Whenever the balance of funds of the SKCC NETWORK (as deter- mined at the end of the month) held by the CITY OF AUBURN exceeds $25, 000, the CITY OF AUBURN shall invest funds held in excess of $15, 000 in the State Investment Pool for local government The CITY OF AUBURN may invest such other funds that may not be re- quired for cash flow purposes in the pool as may be determined appropriate by the CITY OF AUBURN When such investments are placed, the SKCC NETWORK funds shall accrue interest for the SKCC NETWORK on such funds at the rate the CITY OF AUBURN would earn on such funds less an administrative charge which is equal to the administrative charge made by the State pool for investing ser- vices 5. PAYROLL SERVICES. It is understood that this Agreement does not include the provision of payroll services to the SKCC NETWORK by the CITY OF AUBURN 6. TERM. This agreement shall couuuence on approval by the Mayor of the CITY OF AUBURN and shall terminate on June 30, 1996 Either Interlocal Agreement for Deposit of Funds September 19, 1995 Page 4 '/ Resolution O lution No j party may terminate this Agreement on giving two (2) weeks writ- ten notice to the other party In the event of termination by either party, the CITY OF AUBURN shall remit all remaining funds to the SKCC NETWORK along with an accounting within a reasonable period of time from the date that the termination takes effect The term of this agreement may be extended by written addendum signed by both parties 7 . PAYMENT TO AUBURN. For the services provided by the CITY OF AUBURN, the SKCC NETWORK agrees to pay to the CITY OF AUBURN the amount of three dollars ($3 00) per transaction made by the CITY OF AUBURN for the SKCC NETWORK for the costs of administering the funds under the terms of this Agreement The parties recognize that during the term of this Agreement, the CITY OF AUBURN may be subject to unanticipated costs for the management and administration of funds on behalf of the SKCC NETWORK The SKCC NETWORK agrees to be responsible for such costs, which costs shall be sufficiently documented and itemized by the CITY OF AUBURN. 8. INDEMNIFICATION/HOLD HARMLESS. The CITY OF AUBURN shall inde reify and hold harmless the SKCC NETWORK, its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, cost, expenses, and damages arising by reason of or arising out of the Interlocal Agreement for Deposit of Funds September 19, 1995 Page 5 n Resolution No '/3� sole negligence of the CITY OF AUBURN, its officers, agents, and employees, or any of them in managing and administering funds under the term of this Agreement In the event that any suit based upon such a claim, action, loss, or damage is brought against the SKCC NETWORK arising out of the sole negligence of the CITY OF AUBURN, the CITY OF AUBURN shall defend the same at its own cost and expense; provided that the SKCC NETWORK retains the right to participate in said suit if any principle of govern- mental or public law is involved; and if final judgment be ren- dered against the SKCC NETWORK and its officers, agents, and employees or any of them, or jointly against the SKCC NETWORK and the CITY OF AUBURN and their respective officers, agents, employ- ees, or any of them, the CITY OF AUBURN shall satisfy the same to the extent that such judgment is based on the sole negligence of the CITY OF AUBURN 8.2 The SKCC NETWORK agrees to indemnify, defend, and hold harmless the CITY OF AUBURN and its officers, agents, and employ- ees or any of them from any and all claims, actions, suits, lia- bility, loss, cost, expenses, and damages of any nature whatsoev- er, by reason of or arising out of any action or omission of the SKCC NETWORK, its officers, agents, and employees, relat- ing to the SKCC NETWORK'S authorization, direction or responsi- bilities concerning the deposit, expenditure or appropriation of SKCC NETWORK funds or directions given to the Interlocal Agreement for Deposit of Funds September 19, 1995��j� Page 6 Resolution No CITY OF AUBURN concerning SKCC NETWORK funds In the event that any suit based upon such claim, action, loss or damages is brought against the CITY OF AUBURN, the SKCC NETWORK shall defend the same at its sole cost and expense; provided that the CITY OF AUBURN retains the right to participate in said suit if any prin- ciple of governmental or public law is involved, and if final judgment be rendered against the CITY OF AUBURN, its officers, agents, and employees, or any of them, or jointly against the CITY OF AUBURN and the SKCC NETWORK and their respective offi- cers, agents, and employees, or any of them, the SKCC NETWORK agrees to satisfy the same 9. ENTIRE AGREEMENT. This Agreement represents the entire understanding between the parties It supersedes any oral representations that are inconsistent with or modify its terms and conditions 10. FILING OF AGREEMENT. A copy of this Agreement shall be filed with the City Clerk of the CITY OF AUBURN, the WASHINGTON STAl'E FAMILY POLICY COUN- CIL, the County Auditor, and the Secretary of State, pursuant to the requirements of RCW 39 34 040 Interlocal Agreement for Deposit of Funds September 19, 1995 Page 7 �n�,�7 Resolution No '/�"� SOUTH KING COUNTY COMMUNITY NETWORK PASSED BY COMMUNITY NETWORK BOARD Kathi Skarbo, CHAIR 5 Steve Bull, TREASURER ATTEST: Ine /4 Mtd c,� IVSK 704 CUTI COMMITTEE MEMBER d J�MB EXECUTI MEMBER Interlocal Agreement for Deposit of Funds September 19, 1995 Page 8 �/�2n Resolution No. -/�J / DATED this ///7 day of 9„,.. , 19,54 CITY OF AUBURN C rtes MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: R CITY TTORNEY Interlocal Agreement for Deposit of Funds September 19, 1995 Page 9 /Y2 Resolution No. CItv op OFFICE OF THE CITY MAYOR CITY ADMLNISTRATION Charles A. Booth, Mayor Auburn 25 West Main, A , W80(206)931-3041 Fax uburn(206)931-A 93001 53 �I shine STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2737 of the resolutions of the City of Auburn, entitled "RESOLUTION NO " I certify that said Resolution No. 2737 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 17th day of June, 1996 Witness my hand and the seal of the City of Auburn this 28th day of June, 1996 Robin Wohlhueter City Clerk City of Auburn