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Home My WebLink AboutSkokomish Indian Tribe IKOKOIVIISH LEGAL Agreement No. 19-09 DEPARTMENT D0� MC Contract#19-067 tz INTERLOCAL AGREEMENT BETWEEN MASON COUNTY AND SKOKOMISH INDIAN TRIBE FOR ACQUISTION OF SERVICES THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the day of . 2019, by and between Skokomish Indian Tribe (hereinafter referred to as SKOKOMISH)and Mason County(hereinafter COUNTY) collectively referred to as PARTIES. WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative efforts between public agencies, and WHEREAS, the SKOKOMISH has express interest in an Interlocal agreement with the County whereby the Public Works Department will provide the following services: vehicle,road or site maintenance. engineering, survey. GIS, emergency assistance, sign fabrication, fueling and materials supply. NOW, THEREFORE, in consideration of the mutual benefits and covenants herein the PARTIES agree as follows: 1. PURPOSE OF AGREEMENT: The purpose of this agreement is for COUNTY to provide the above mentioned services to the SKOKOMISH when a work request has been approved by both parties. 2. ADMINISTRATION OF AGREEMENT: Each PARTY to this agreement shall have an AGREEMENT representative. Each PARTY may change its representative upon providing written notice to the other PARTIES. The PARTIES' representatives are as follows: To COUNTY: To SKOKOMISH: Dept. of Public Works Skokomish Indian Tribe 100 W Public Works Drive 80 N Tribal Center Road Shelton, WA 98584 Shelton, WA 98584 Attn: Allan Eaton or Jeremy Seymour Attn: Doug Smith, Chief of Police Phone: (360)427-9670, Ext.450 Phone: (360)426-4232 Fax: (360)427-7783 Cell: (360)490-2218 Email: allane@co.mason.wa.us Email: DSmith@skokomish.org skokomish.org Email:jeremys rUco.mason.wa.us 3. DURATION OF AGREEMENT: This agreement shall take effect upon execution of the agreement by both County and SKOKOMISH and shall remain in effect until EITHER PARTY terminates by giving a ten days written notice to the OTHER PARTY. Page 1 4. WORK REQUESTS: The SKOKOMISH will normally request work from the COUNTY Asst. Road Operations/Maintenance Manager. Allan Eaton and/or Fleet Supervisor, Jeremy Seymour,The request should be requested by an authorized representative of the SKOKOMISH by e-mail or fax. Phone or verbal requests must be followed up with a written request. The COUNTY will only do work as authorized by the SKOKOMISH. 5. SCHEDULING: The COUNTY will normally schedule the work in discussion with the SKOKOMISH"S representative,giving due consideration to the immediacy of the SKOKOMISH"S need and workload of the COUNTY. 6. COMPENSATION: (A)The SKOKOMISH shall pay the COUNTY all actual cost (direct and indirect) for requested services; an estimate will be provided by the COUNTY to the SKOKOMISH if requested. (B)The COUNTY shall invoice the SKOKOMISH detailing time and/or materials used by the COUNTY. (C) Payment is due upon receipt of invoice and payment shall be expected in thirty (30) days from date of invoice. Invoices and payments are to be sent to the address and representative referred to in section 2. 7. HOLD HARMLESS AND INDEMNIFICATION: (A)The SKOKOMISH shall hold harmless, indemnify and defend the COUNTY, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses,damages, and judgments of any nature whatsoever, Including costs and attorney's fees in defense thereof, for injury, sickness,disability or death to persons or damage to property or business,caused by or arising out of the SKOKOMISH"S acts, errors or omissions in the performance of this AGREEMENT. PROVIDED HOWEVER, that the SKOKOMISH"S obligation there under shall not extend to injury, sickness,death or damage caused by or arising out if the sole negligence of the COUNTY, its officers,officials, employees or agents. PROVIDED FURTHER, that in the event of the concurrent negligence of the PARTIES, the SKOKOMISH"S obligations hereunder shall apply only to the percentage of fault attributable to the SKOKOMISH, its employees or agents. (B.) With respect to the SKOKOMISH"S obligations to hold harmless, indemnify and defend provided for herein, but only as such obligations relate to claims,actions or suits filed against the COUNTY, the SKOKOMISH further agrees to waive its immunity under the State Industrial Insurance Law,Title 51,RCW, for any injury or death suffered by the SKOKOMISH"S employee's caused by or arising out of the SKOKOMISH"S acts, errors or omissions in the performance of this AGREEMENT. This waiver has been mutually negotiated by the PARTIES. (C.)The SKOKOMISH"S obligations hereunder shall include, but are not limited to, investigating, adjusting and defending all claims alleging loss from action, error or omission or breech of any common law, statutory or other delegated duty by the SKOKOMISH, the SKOKOMISH"S employees, agents or subcontractors. 8. ASSIGNMENT, DELEGATION AND SUBCONTRACTING: The PARTIES shall perform the terms of the AGREEMENT using only their bona fide employees or agents. 9. COMPLIANCE WITH LAWS: The PARTIES shall comply with all applicable federal, Page 1 state and local laws,rules and regulations in performing this AGREEMENT. 10. NON-DISCRIMINATION POLICY: The COUNTY and the SKOKOMISH agree not to discriminate in the performance of this Agreement because of race, color, national origin, sex, sexual orientation, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical,mental sensory handicap, or other status protected by law. 11. FILING: This document shall be filed with the County Auditor pursuant to RCW 39.34 or, alternatively, listed by subject on the COUNTY'S website. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. DATED this (0 ,day of /17,0 2019. BOARD OF COUNTY COMMISSIONERS SKOKOMISH INDIAN TRIBE MASON COUNTY,WASHINGTON • 1/ Kevin Shutty,C'air By ATTEST: a lki/d //ld� Signature Massa Dr ry, Clerk the Board Title APPROVED AS TO FORM: (Tim White , .DP-A' Page 1 _� .�."*w-. rYrr�:�j .L(i( �•1•I.�f..l l ; r..,..f:• .� '..._ �_ .rY.�•.,i-• ly.. �''! .q.. __ .Sti 1+ ♦--f+.�y t:. - 1 4.: t: '.:Y-:J. t•1 H- •-4�w•.-. Y •.1 1-r♦ , t ^^^ I"y t r' } ' SX : 7 1--_yf� Sk ti, ..t ;: = .+.4 ;x`I Ia _y..-..*i-y- ,.-�.r..-.J•..f S:1', - • f�' w ♦•..J..F "i�-.-`µJ' : ' �-f+.J. r i-.. S. 1-{ -.. y. y7M2 2I y S�i 1.s .� �f`♦ •J. ♦ ♦� -1 -^.•v,: n ,.. •_i.i ^4 L.i:••..�....J �'� I.SS.1..`. s4.~i 1 R.�+a -1--..-y.�.y�♦♦♦I- I�Y .V�♦'♦�+�1-..w y. Skokomish Indian Tribe Tribal Center(360)426-4232 N. 80 Tribal Center Road FAX(360) 877-5943 Skokomish Nation, WA 98584 SKOKOMISH TRIBAL COUNCIL RESOLUTION NO.2019-096 A RESOLUTION TO APPROVE SLD CONTRACT NO. 2019AGREE-00197, INTERLOCAL AGREEMENT BETWEEN MASON COUNTY AND SKOKOMISH INDIAN TRIBE FOR ACUISITION OF SERVICES WHEREAS, the Skokomish Indian Tribe is a federally recognized Indian tribe organized under its Constitution and by-laws.first adopted on April 2, 1938, and approved by the Secretary of the Interior May 3, 1938, amended January 15, 1980, as approved by the Secretary of the Interior March 17, 1980; and WHEREAS, the Skokomish Tribal Council is the governing body of the Skokomish Indian Tribe,pursuant to Article IV, Section 1 of the Constitution of the Skokomish Indian Tribe; and WHEREAS, the Skokomish Tribal Council, pursuant to the Constitution of the Skokomish Indian Tribe, has the authority under Article V, Section 1(m) on behalf of the tribe to consult, negotiate, and contract with agencies and officers of federal, state, local, and tribal governments and with private persons and organizations; and WHEREAS, the Skokomish Tribal Council reviewed the attached contract recorded as SLD Contract No. 2019-AGREE-00197 ("Contract") and finds that execution of the Contract is in the best interest of the Skokomish Indian Tribe; and NOW, THEREFORE, BE IT RESOLVED that the Skokomish Tribal Council hereby approves the Contract recorded as SLD Contract No. 2019-AGREE-00197; and BE IT FINALLY RESOLVED that the Skokomish Tribal Council authorizes Charles Miller, Chairperson of the Skokomish Indian Tribe, or his designee, to sign and execute all necessary documentation including the Contract. ***CERTIFICATION*** I, Charles Miller, Chairperson of the Skokomish Tribal Council, do hereby certify that the foregoing Resolution No. 2019-096, was adopted at a regular meeting held on July 17, 2019, at which time a quorum was present with a vote of FOR, AGAINST, 'Q ABSTAINING. Charles Miller, Chairperson Alex Gouley, Secretary Skokomish Tribal Council Skokomish Tribal Council Wage SKOKOMISH INDIAN TRIBE: RESOLUTION NO. 2019-096 PF SF SLD-07025-RES (October 2014)