HomeMy Public PortalAboutAmendment #6 SIXTH AMENDMENT TO INTER-AGENCY AGREEMENT
COOPERATIVE AGREEMENT BETWEEN
CITY OF McCAIJ~ & PAYETYE LAKES WATER & SEWER DISTRICT
PLWSD shall
2.1
This AGREEMENT is made between the City of McCall, an Idaho municipal corporation
(McCall), and the Payette Lakes Water and Sewer District (PLWSD), a governmental entity
of the State of Idaho, and
WITNESSETH:
WHEREAS, each of the parties hereto is a "public agency" as defined by Idaho
Code Section 67-2327, and is therefore authorized to enter into an Inter-agency
Cooperative Agreement under Idaho Code Section 67-2332, and
WHEREAS, each party is charged with the maintenance and operation of a sewer
collection system, including pump stations, within their respective jurisdictions and enjoys
power, privilege and authority to do under the laws of the State of Idaho, and believes it
would be in the best interests of their respective patrons and the general public to contract
with one another to do so in a joint manner.
NOW THEREFORE, in consideration of the foregoing the PLWSD agrees to
provide to the City operational, maintenance, and managerial services for the McCall
owned Sewer Collection System, including pump stations, and McCall agrees to accept
same, as set forth in the terms and conditions which follow:
PLWSD and McCall agree:
1. GENERAL
1.1 All definition of words or phrases used in this Agreement are contained in
Appendix A.
1.2 All grounds, facilities, equipment, and vehicles now owned by McCall or
acquired by McCall shall remain the property of McCall.
1.3 This Agreement shall be governed by and interpreted in accordance with the
laws of the State of Idaho.
1.4 This Agreement shall be binding upon the successors and assigns of each of the
parties, but neither party will assign this Agreement without the prior written
consent of the other party.
1.5 This Agreement, including Appendices, is a supplemental Agreement of the
parties constituting the Sixth Amendment to their Cooperative Agreement and
may be modified only by written agreement signed by both parties; this
amendment is by way of addition to, not replacement of, prior Agreements and
Amendments. Wherever used, the terms "PLWSD" and "McCall" shall include
the respective officers, agents, directors, elected or appointed officials and
employees.
SCOPE OF SERVICES - PLWSD
2. lA
2.2
Provide services necessary for management, operation and maintenance of the
equipment, vehicles, grounds, and facilities identified in Appendices B and D.
Provide inspection services necessary for service connections and new
subdivisions as per McCall policies and ordinances.
Within the design capacity and capability of the Project manage, operate, and
maintain the Project so that wastewater is transported th,r,,o_ugh the Project as
intended. No project alterations shall be without McCall s written approval if
alteration shall cost in excess of Five Thousand Dollars ($5,000.00).
SIXTH AMENDMENT TO INTER-AGENCY AGREEMENT
COOPERATIVE AGREEMENT BETWEEN CITY OF
McCall & PAYETTE LAKES WATER & SEWER DISTRICT
Approved by City Council
August 24, 1995
2.3 Pay all cost incurred in normal Project operations. Insurance shall be
provided as set forth in Appendix E.
2.4 Provide McCall, on a monthly basis, a report of Direct Costs and Indirect
Costs in the format and similar to the level of detail shown in Appendix C.
2.5 Provide and document all Maintenance for the project. Routine repairs
include, but are not limited to, manhole grouting, pressure line breaks, lift
station breakdowns and visits, hydrocleaning, etc. The amount that the
PLWSD shah be allowed to spend for maintenance supplies shall be limited
to the City budget of $3,540. McCall shall have the right to inspect
records during normal business hours.
2.6 Provide and document all Repairs for the Project, provided the total amount
PLWSD shall be required to pay does not exceed $27,540 per year during
the term of this Agreement as defined in Article 4. McCall shall pay for all
Repairs in excess of the Repairs limit.
2.7 Provide McCall with an accounting of Repairs on a monthly basis. PLWSD
will provide McCall with a detailed invoice of Repairs. McCall at its option
may request a detailed invoice of Repairs under the Repairs limit.
2.8 Negotiate each year with McCall the Repairs limit as per City budget.
2.9 Rebate to McCall the entire amount that actual Repairs are less than the
Repairs limit deemed in Article 2.6 in any year of this Agreement.
2.10 Maintain an inventory list of McCall owned vehicles and equipment that are
being used at the Project by PLWSD.
2.11 Staff the Project with employees who have met the certification requirement
of the State of Idaho. PLWSD will permit the City to interview any
replacement for PLWSD Project Manager. PLWSD will make every effort
to provide a Project Manager who is satisfactory to the City.
2.12 Provide reasonable access to Project for McCall personnel. Visits may be
made at any time by any of McCall's employees designated by McCall.
Keys for appropriate areas of the Project shall be mutually exchanged
between PLWSD and McCall. All visitors to the Project shall comply with
PLWSD's operating and safety procedures.
2.13 Proceed to take such actions that PLWSD deems necessary to protect public
health and McCall's facilities in an emergency situation. PLWSD will make
every effort to contact McCall's City Manager or designee prior to taking
any action. PLWSD will provide a written report detailing the actions taken
within twenty-four (24) hours after the emergency has terminated.
2.14 PLWSD may utilize employees and equipment normally assigned to the
project in support of their own system activities; common overhead
acnvities such as intemal project reviews, evaluations, interagency
meetings, training and the like, shall be allocated between the project and
PLWSD activities.
2.15 Perform other services that are outside the Scope of Services when and as,
directed b-~, McCall. Such services will be invoiced to McCall at PLWSD s
direct cost plus fifteen percent (15%).
3. SCOPE OF SERVICE - McCAI
McCall shall:
3.1 Fund and budget all Capital Expenditures greater than $2,000.00.
SIXTH AMENDMENT TO INTER-AGENCY AGREEMENT
COOPERATIVE AGREEMENT BETWEEN CITY OF
McCall & PAYETTE LAKES WATER & SEWER DISTRICT
Approved by City Council
August 24, 1995
2
3.2 Maintain all existing Project warranties, guarantees, easements, and licenses
that have been granted to McCall. Insurance shall be provided as set forth
in Exhibit E.
3.3 Pay any property, franchise, or other taxes associated with the Project.
3.4 In the event of Emergency response or requested work outside the scope of
services necessitating its utilization in order to provide cost effective responses,
provide on request the use of McCall's heavy equipment, subject to the
availability of such equipment, with operator so that PLWSD may discharge its
obligations under this Agreement in the most cost-effective manner.
3.4A McCall shall provide technical assistance during the contract "break
in period" which may include one or more employees with historic
background of McCall's system as well as supplemental assistance
during routine operational activities.
3.5 Provide for all licenses, permits, and fees for vehicles, equipment or
services, used or required, in connection with McCall owned equipment
used on the project.
3.6 Provide PLWSD use of all vehicles and equipment described in Appendix D.
3.7 Maintain, repair, and clear the accesses to each Lift Station so they are
reasonably accessible twenty-four (24) hours per day, 365 days per year, to
the same extent previously done. PLWSD shall not be responsible for delay
in performance under the terms and conditions of this Agreement if the Lift
Stations are not accessible by conventional motor vehicles with 4-wheel drive.
3.7A Perform other services that are outside the Scope of Services when and as
directed by PLWSD. Such services will be invoiced to PLWSD at McCall's
direct cost plus 15%.
3.8 Provide potable water to the Project at no charge to PLWSD. Specific
hydrants within McCall's water distribution system shall be designated as
fill sites for Project hydrocleaning activities. These sites will be designated
in enough areas so as to provide cost-effective mm around time during
collection line cleaning operations. McCall shall instruct PLWSD personnel
in proper hydrant operation so as to not affect hydrant operating conditions.
3.9 Pay for all electrical costs utilized to operate the pump stations listed in
Appendix B.1 (b).
3.9A Fund and budget for all direct and indirect costs incurred by PLWSD for the
Project, subject to the availability of funds, considering the impact of state-
imposed revenue limitations and other unforeseen financial reverses; should
there be a disagreement between the parties as to the propriety of funding
levels, they shall meet and negotiate the matter in good faith.
COMPENSATION:
4.1 The agreed annual figure for project operations, maintenance and
management services is $122,800. This sum, plus any agreed upon repair
figure, shall be totaled and payable in advance on a quarterly basis
commencing the first calendar month of the Agreement. Provided, however,
at the close of the year, to the extent actual repair expenditures fall short of
the targeted figure, PLWSD shall refund the balance.
5.1 The duration of the Agreement shall before five (5) years fixed, subject to
annual notification of non-renewal by written notice on or before June 1st of
each calendar year; in such event, the Agreement shall remain in effect
SIXTH AMENDMENT TO INTER-AGENCY AGREEMENT
COOPERATIVE AGREEMENT BETWEEN CITY OF
McCall & PAYETTE LAKES WATER & SEWER DISTRICT
Approved by City Council
August 24, 1995
through the balance of the then current City/budget year, namely, September
30th. By mutual agreement the parties can extend the Agreement for
additional periods on such terms as are mutually agreeable. During the five
(5) year term, amendments or revisions may also be adopted as mutually
agreed, d/s ~dt~Ye ~tY~oof'7/M ~la~dan~d~
This Agreement was entered into to be ~fofveeC~Vien~h~O ·
conditioned upon prior approval by the ar c ayette
Lakes Water and Sewer District, and execution by their duly authorized officers or agents.
by
Mayor
Attee~~n~~~~l~
CI
Payette Lakes Water & Sewer District:
chair- - (5;/
SIXTH AMENDMENT TO INTER-AGENCY AGREEMENT
COOPERATIVE AGREEMENT BETWEEN CITY OF
McCall & PAYETTE LAKES WATER & SEWER DISTRICT
Approved by City Council
August 24, 1995
4
Appendix A
DEFINITIONS
A.1
A.2
A.3
A.4
A.5
A.6
A.7
A.8
The "Project means all equipment, vehicles, grounds, and facilities described in
Appendices B and F and where appropriate, the management, operations, and
mmntenance of such. Project Manager is the administrator assigned project
management responsibility.
"Capital Expenditures" means any expenditures for (1) the purchase of new
eqmpment or facility items that cost more than Two Thousand Dollars ($2,000.00);
or (2) major repairs which significantly extends equipment or facility service life
and cost more than Two Thousand Dollars ($2,000.00) or (3) expenditures that are
planned, non-routine, and budgeted by McCall.
"Cost" means all Direct Cost and Indirect Cost determined on an accrual basis in
accordance with generally accepted accounting principles.
"Direct Cost" means the actual cost incurred for the direct benefit of the Project
including, but not limited to, expenditures for direct labor, employee benefits,
chemicals, laboratory supplies, repairs, repair parts, maintenance parts, safety
supplies, gasoline, oil, equipment rental, travel, office supplies, other supplies,
uniforms, telephone, postage, utilities, tools, memberships, and training supplies;
PLWSD shah keep records (and make them available to McCall on request), adequate
to allocate such costs accurately between the Project and PLWSD's own system.
"Indirect Cost" means expenditures incurred by PLWSD for indirect benefit of the
Project including legal, engineering, management, clerical, etc.; PLWSD shall keep
records (and make them available to McCall on reques0, adequate to allocate such
costs accurately between the Project and PLWSD's own system. Where legal
matters involve title to easements and rights-of-way for the Project, PLWSD shall
make use of the services of the City Attorney so as to reduce indirect cost.
"Maintenance" means the cost of those routine and/or repetitive activities required for
operational continuity, safety, and performance generally due to failure or to avert a
failure of the equipment, sewer, vehicle, or facility or some component thereof.
"Repairs" means the cost of those non-routine/non-repetitive activities required or
recommended for operational continuity, safety, and performance generally due to
failure or to avert a failure of the equipment, sewer, vehicle, or facility or some
component thereof.
"Electrical Cost" means the actual monthly cost of electrical energy and demand
utilizing Idaho Power Company's Rate Schedules.
SIXTH AMENDMENT TO INTER-AGENCY AGREEMENT
COOPERATIVE AGREEMENT BETWEEN CITY OF
McCall & PAYETTE LAKES WATER & SEWER DISTRICT
Approved by City Council
August 24, 1995
5
Aooendix B
LOCATION OF PROJECT
B. 1 PLWSD agrees to provide the services necessary for the management, operation,
and maintenance of the following:
a. All equipment, vehicles, grounds and facilities now existing within the present
property boundaries of or being used to operate McCall's Wastewater
Collection System.
b. All pump stations described as follows:
1) Aspen Market/Davis Street
2) Timberlost IV/Timber Circle
2A) Forestry Loop/University Dr.
4) Mill Park/Hemlock St.
5A) Pine St. Station
6) Yacht Club Station
7) River Pump Station/Williamson
8) Rio Vista (North)
8A) Rio Vista (North) Generator
9) Rio Vista (South)
9A) New River Station
11) Floyde Street Station
12) Smitty Avenue
13) Golf Course Grinder Sta.
c. The entire system of main collection lines upstream of the influent metering
station at the treatment lagoon, save and except for service connection
lines.
* As lift stations and lines are added to the project scope, negotiated changes may occur
within the agreement scope, as well. These modifications must be approved by both
parties.
SIXTH AMENDMENT TO INTER-AGENCY AGREEMENT
COOPERATIVE AGREEMENT BETWEEN CITY OF
McCall & PAYETTE LAKES WATER & SEWER DISTRICT
Approved by City Council
August 24, 1995
6
I~m
Direct Labor
Standby Pay
Overtime
Incentive Bonuses
Benefits
Chemicals
Electric
Postage
Computer Expense
Auto Lease
Repair Costs
Fuel
Equipment Rental
Outside Services
Books and Publications
Telephone
Vehicle Maintenance
Travel
Auto Mileage (as per appropriate entity)
Training
Office Supplies
Maintenance Supplies
Lab Supplies
Tools
Miscellaneous
Total Direct Cost
Payroll Taxes
Appendix C
DIRECT COST
Month
SIXTH AMENDMENT TO INTER-AGENCY AGREEMENT
COOPERATIVE AGREEMENT BETWEEN CITY OF
McCall & PAYETTE LAKES WATER & SEWER DISTRICT
Approved by City Council
August 24, 1995
7
Aooendix D
VEHICLE DESCRIFFION
MEYERS Hydrocleaner
CATERPILLAR Portable Generator
SIXTH AMENDMENT TO INTER-AGENCY AGREEMENT
COOPERATIVE AGREEMENT BETWEEN CITY OF
McCall & PAYETTE LAKES WATER & SEWER DISTRICT
Approved by City Council
August 24, 1995
8
Appendix E
PLWSD shall maintain:
1.
o
INSURANCE COVERAGE
Statutory workmen's compensation for ail PLWSD employees at the Project as
required by the State of Idaho.
Comprehensive general liability insurance in the amount not less that One Million
Dollars ($1,000,000) combined single limits for bodily injury and/or property
damage.
Automobile liability insurance for all vehicles owned by McCail and operated by
PLWSD under this Agreement.
McCall
1.
shall maintain:
Property damage insurance for ail property owned by McCall and operated by
PLWSD under this Agreement. Any property damage including to Project vehicles
not properly or fully insured shall be the financiai responsibility of McCall if not
due to PLWSD's negligence.
Limitation of Liability - PLWSD shall not be legaily or financiaily responsible for
line backups into dwellings or equipment failure leading to manhole overflows
which may cause environmental concern, except to the extent the same results
primafilly from failure of PLWSD properly to maintain and repair lines and
.equipment related to Project; it is understood that both parties maintain liability
Insurance with ICRMP, and shail continue to have such insurance.
SIXTH AMENDMENT TO INTER-AGENCY AGREEMENT
COOPERATIVE AGREEMENT BETWEEN CITY OF
McCall & PAYETTE LAKES WATER & SEWER DISTRICT
Approved by City Council
August 24, 1995
9
Ap~ndix F
PROJECT COSTS
Personnel Costs:
Lead Operator
Operator
Management Time
Summer Temporary Help
$35,000.00
30,000.00
23,000.00
8,400.00
Total Personnel
Transportation Costs:
Pickup (per year)
Fuel - $200.00/mo.
(includes mileage allow)
Accessories (one time)
6,000.00
2,400.00
3,000.00
Total Transportation
Maintenance Costs:
Department Supplies/
City budget figure
3,540.00
Repair Costs:
City budget figure
Modification Costs:
Est. Capital/Telemetry
TOTAL COSTS PROJECTED
27,540.00
$ 31,080.00
$ 96,400.00
11,400.00
15,000.00
122,800.00
SIXTH AMENDMENT TO INTER-AGENCY AGREEMENT
COOPERATIVE AGREEMENT BETWEEN CITY OF
McCall & PAYETTE LAKES WATER & SEWER DISTRICT
Approved by City Council
August 24, 1995
i0