HomeMy WebLinkAboutInterlocal Agreement between the City of Shelton and Mason County for Chip Sealing Services - Interlocal Agreement i
When recorded return to:
City of Shelton
525 W. Cota Street
Shelton,WA 98584
INTERLOCAL AGREEMENT BETWEEN THE CITY OF SHELTON
AND MASON COUNTY FOR CHIP SEALING SERVICES
Whereas, RCW 39.34,010 permits local governmental units to make the most efficient use of
their powers by enabling them to cooperate with other localities on a basis of mutual advantage
and thereby to provide services and facilities in a manner and pursuant to forms of governmental
organization that will accord best with geographic, economic, population and other factors
influencing the needs and development of local communities; and
Whereas,pursuant to RCW 39,34.080,each party is authorized to contract with any one or more
other public agencies to perform any governmental service, activity, or undertaking which each
public agency entering into the contract is authorized by law to perform: provided, that such
contract shall be authorized by the governing body of each party to the contract and shall set
forth its purposes,powers,rights,objectives and responsibilities of the contracting parties;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of
Shelton and Mason County agree as follows:
T. Purpose/Objective
A. The purpose of this Agreement is to establish the responsibilities of Mason
County and the City of Shelton in chip scaling various City roads by the County.
The County will perform chip sealing work for the City, and the City will
reimburse the County for actual costs incurred.
B. The City does not own the required equipment or have trained personnel to chip
seal roads. The County has the capabilities and equipment required to chip seal
roads, i.e. place asphalt emulsion followed by an aggregate rock cover as an initial
placement or to maintain an existing asphalt pavement.
D. The City's roads would benefit tremendously from being chip sealed.
11. Definitions
A. In this Agreement,the following words shall have the meanings set forth below:
1. Mediation: Private informal dispute resolution process in which a neutral
third person, the mediator, helps disputing parties to reach an agreement. The
mediator has no power to impose a decision on the parties.
III. Scone of Aareement/Work
A. Responsibilities of the City of Shelton shall be as follows:
1. City of Shelton will provide a list of City roads to be chip sealed each
year; and final written authorization for cost approval to proceed after
County provides current year cost estimate.
2. Prepare roadway for chip sealing, including, but not limited to,
preleveling, crack-sealing and sweeping.
3. City of Shelton shall prepare all manholes and valves that are not to be
covered,prior to chip seal.
4. Traffic control, as required.
B. Responsibilities of Mason County shall be as follows:
1. For budgeting purposes: County will provide the City with an estimated cost,
per 2.0 foot lane mile, per shot from the City's current year chip seal road
1 isting.
2. Completing the chip sealing work as directed by the City and will bill the City
for actual costs incurred in completing the chip sealing.
IV. Payment(or Funding/Costs/etc.)
A. Within 30-days from receipt of a bill from the County, the City of Shelton will
reimburse the County for actual costs incurred in completing the chip sealing.
V. Method of Payment
A. Shelton City Commission has authorized the Public Works Department to expend
finds on chip scaling various city roads.
VI. Indemnification & Insurance
A. The Mason County agrees to defend, indemnify and hold the City of Shelton, its
officers, officials, employees and volunteers harmless from any and all claims, injuries,
damages, losses or suits including reasonable attorney fees, arising out of or in
connection with the Mason County's performance of the Agreement, except for injuries
and damages caused by the sole negligence of the City of Shelton.
B. The City of Shelton agrees to defend, indemnify and hold the Mason County, its
officers, officials, employees and volunteers harmless from any and all claims, injuries,
damages, losses or suits including reasonable attorney fees, arising out of or in
connection with the City of Shelton's performance of this Agreement, except for injuries
and damages caused by the sole negligence of the Mason County.
VIL Joint Board
A. There is no joint board created for this Agreement.
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VIII. Duration of Agreement
A. This Agreement shall renew automatically on December 31"of each year and shall
remain in effect until otherwise terminated in the manner described under the termination
section of this Agreement.
IX. Termination of Agreement
A. This Agreement may be terminated by either party upon sixty(60) days notice to the
other party using the method of notice provided for in this Agreement. Termination shall
not alter the obligations of the parties regarding payment and/or work being performed
prior to termination.
X. Dispute Resolution
A. Any dispute under this Agreement shall first be submitted to mediation prior to
bringing an action in a court of law. The City of Shelton and Mason County shall share
equally in the costs of such non-binding dispute resolution.
XL Interpretation and Venue
A. This Agreement shall be governed by the laws of the State of Washington as to
interpretation and performance. Venue for any action that cannot be resolved through
mediation or non-binding arbitration may be brought only in the Superior Court of Mason
County, Washington.
XII. Entire Agreement
A. This Agreement sets forth all terms and conditions agreed upon by the City of Shelton
and Mason County, and supercedes any and all prior agreements oral or otherwise with
respect to the subject matter addressed herein.
XIII. Filiniz
A. Prior to its entry into force,this Agreement shall be filed with the Mason County
Auditor's Office by the City of Shelton.
XIV. Notice
A. Any notice required under this Agreement shall be to the party at the address listed
below and shall become effective as of the date of deposit in the United States Postal .
Service.
CITY OF SHELTON MASON COUNTY
Attn: Michael Michael, Public Works Attn: Charlie Butros,Public Works Director
City of Shelton Public Works Mason County Public Works
525 West Cota Street 100 W Public Works Drive
Shelton, WA 98584 Shelton,WA 98584
360-426-9731 360-427-9670 ext. 450
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This Agreement for chip sealing services is hereby entered into between the City of Shelton and
Mason County and shall take effect on the date of the last authorizing signature affixed hereto:
MASON COUNTY:
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Date
Commissioner Date
ATTEST:
C n y Clerk
APPR D FO .
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Date
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