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HomeMy WebLinkAboutHoodsport Fire & EMS - Contract AVLI-13 INTERLOCAL AGREEMENT BETWEEN MASON COUNTY AND HOODSPORT FIRE &EMS FOR PUBLIC WORKS DEPARTMENT REIMBURSABLE WORK, SUPPLIES AND 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 AL day of 2024,by and between Hoodsport Fire&EMS (hereinafter referred to as DfSTRICT) and son 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 DISTRICT has expressed interest in an Interlocal agreement with the COUNTY whereby the Mason COUNTY Public Works Department will provide reimbursable work,supplies, and services (including emergency assistance). WHEREAS,the COUNTY has expressed interest whereby DISTRICT will provide occasional winter snowplow assistance utilizing DISTRICT vehicle equipped with a COUNTY- owned plow. 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 Mason COUNTY to a)provide the above-mentioned services to the DISTRICT when a work request has been approved by both parties,and b)the DISTRICT to provide occasional winter snowplow assistance. 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 Mason COUNTY: To DISTRICT: Dept. of Public Works Hoodsport Fire&EMS 100 W Public Works Drive 240 N Standstill Drive South Shelton, WA 98584 Hoodsport, WA 98548 Shoa/Fuel Station Services: Attn: Michael Sexton Attn: Pete Medcalf Phone: 360-490-2225 Email:pmedcalf@masoncountywa.eov Email:msexton@hoodsportfire.org Other Services: Attn: Jeremy Seymour Phone: (360)427-9670, Ext. 450 Email: ieremys@masoncountvwa.gov Agreement No. Page 1 3. DURATION OF AGREEMENT: This agreement shall take effect upon execution of the agreement by both COUNTY and the DISTRICT and shall remain in effect until EITHER PARTY terminates by giving ten days written notice to the OTHER PARTY. 4. WORK REQUESTS:The DISTRICT will normally request work from the COUNTY Road Operations&Maintenance Manager,Jeremy Sew and/or ER&R Supervisor,Pete Medcalf. The request shall be made by an authorized representative of the DISTRICT by e-mail, fax or mail. Phone or verbal requests must be followed up with a written request. The COUNTY will only do work as authorized by the DISTRICT. 5. SCHEDULING: The COUNTY will normally schedule the work in discussion with the DISTRICT'S representative, giving due consideration to the immediacy of the DISTRICT'S need and workload of the COUNTY. 6. SHOP SERVICES: Service and repair charges will be on an hourly basis rounded to the nearest 15 minutes. The shop rate for service is an hourly rate set yearly,which is inclusive of documentation and reporting of all maintenance work and service work. Notification of shop/labor surcharge rate increases will be sent out at least 30 days prior to implementation of the new rates. Fees do not include Washington State sales tax which will be added to each invoice. In addition,the DISTRICT is to pay for all parts provided by the COUNTY from COUNTY stock(at COUNTYS cost)plus any costs associated with fluids,pick-up,and delivery,plus any mark-up as described below. Expenses outlined herein shall be paid by the in the manner set forth below: a) Costs of any parts that the COUNTY does not have in-stock may be directly billed to the DISTRICT. b) The cost of parts the COUNTY has in stock or are billed to the DISTRICT.This cost for parts and all labor services provided by the COUNTY will be directly billed. c) Fluids used and replaced will be billed at the normal rates paid by the DISTRICT plus a percentage mark-up set yearly,as well as fluid accountability requirements and any required disposal charges incurred by the COUNTY. d) Pick-up and delivery charges will be directly paid by the DISTRICT to the entity providing such services.For example,if towing is required,the DISTRICT will pay the towing company directly. Any services required after normal shop hours will be billed at overtime rates. Field repairs normally will include shop truck costs. 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. FUEL STATION SERVICES:The COUNTY and the DISTRICT agree to the following when using the fuel station: a) The DISTRICT may be permitted to fuel its vehicles utilizing the facility maintained by the COUNTY at the Public Works Facility. b) Fueling is only allowed to vehicles with exempt license plates and assigned vehicle pin numbers. j Agreement No. Page 2 i f c) The DISTRICT may have twenty-four-hour access to the fueling facility by special key card furnished by the COUNTY. COUNTY agrees to extend the same per gallon fuel costs as charged to Mason COUNTY(price of fuel is adjusted on a weeldy basis)with a percentage per gallon of fuel surcharge in addition to the fuel price for administrative and maintenance fees set yearly. Lost key cards shall be promptly reported to the COUNTY ER&R Supervisor. d) The DISTRICT agrees to accept responsibility for the use of and charges to issued account number. e) Mason COUNTY will invoice the fuel usage monthly. This bill will indicate date and time of purchase,product quantity,cost and cards used. Payment is requested within 45- days. 8. ALL OTHER REQUEST WORK, SUPPLIES OR SERVICES: The COUNTY and the DISTRICT agree to the following when using this service: a) The DISTRICT shall pay the COUNTY all actual costs(direct and indirect)for requested services;an estimate will be provided by the COUNTY to the DISTRICT agree to the following when using this service: if requested. b) The COUNTY shall invoice the DISTRICT agree to the following when using this service: detailing time and/or materials used by the COUNTY. c) Payment is due upon receipt of the invoice and payment shall be expected in forty-five (45)days from the date of invoice. Invoices and payments are to be sent to the.address and one of the representatives referred to in section 2. d) WARRANTY. Unless otherwise agreed to by the DISTRICT by written e-mail, COUNTY warrants that all goods and services under this Agreement are new,are merchantable,of good workmanship,free from defect, and are fit for the intended purpose for which such goods are ordinarily employed. COUNTY will repair or replace any new parts(except parts not covered by a manufacturer warranty such as electrical parts)or redo any labor which fails in normal service due to defects in parts or labor if notified within 90 days. This warranty does not cover loss of time,use,inconvenience, normal wear,abuse,used parts or other matters not specified and COUNTY shall not be liable for any consequential, incidental or commercial damages related to the Preventative Maintenance and Repair work in excess of the costs of the specific repairs. No warranty,whether expressed or implied,extends beyond 90 days.Except to the extent caused by negligence or willful misconduct of the DISTRICT or its personnel,COUNTY is responsible for any damage,destruction, or theft of any Apparatus while in the possession of COUNTY or at COUNTY apparatus maintenance shop. 9. SNOW PLOW SERVICES PROVIDED BY DISTRICT: a) The COUNTY shall provide the DISTRICT a plow and upfit the DISTRICT vehicle at no charge. The COUNTY shall retain ownership of the plow. b) The COUNTY shall provide training to the DISTRICT prior to placing in service, including instructions for plow installation/removal,plow operation,and equipment safety check. c) The DISTRICT,to the fullest extent permissible by law, shall be solely responsible for any liability associated with performing plowing operations. The DISTRICT shall be liable for any damage to the plow and upfit equipment caused by the DISTRICT. Agreement No. Page 3 i d) The DISTRICT shall provide the COUNTY with a Certificate of Insurance demonstrating Commercial General Liability coverage of at least$1 million per occurrence,$2 million aggregate;auto liability of$2 million per occurrence, $4 million aggregate; and statutory workers compensation limits. e) The DISTRICT shall ensure that operators are subject to regular driver record checks and properly licensed to operate. f) The DISTRICT shall communicate with the COUNTY when they initiate any work on a County road. 10.HOLD HARMLESS AND INDEMNIFICATION: (A.)Each Party agrees to the following for the services provided under this Agreement: shall hold harmless,indemnify and defend the other party, 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 party's acts,errors or omissions in the performance of this AGREEMENT.PROVIDED HOWEVER,that each parry's obligation there under shall not extend to injury,sickness,death or damage caused by or arising out of the negligence of the other party,its officers,officials, employees or agents. PROVIDED FURTHER that in the event of the concurrent negligence of the PARTIES,the other parry's obligations hereunder shall apply only to the percentage of fault attributable to the negligent party,its employees or agents.(B.).With respect to the party's obligations to hold harmless,indemnify and defend provided for herein,but only as such obligations relate to claims, actions or suits filed against then other party,each further agrees to waive its immunity under the State Industrial Insurance Law,Title 51,RCW,for any injury or death suffered by the that party's employees caused by or arising out of that party's acts,errors or omissions in the performance of this AGREEMENT.This waiver has been mutually negotiated by the PARTIES. (C.)Each party'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 that party,that parry's employees,agents or subcontractors. 11. ASSIGNMENT,DELEGATION AND SUBCONTRACTING:The PARTIES shall perform the terms of the AGREEMENT using only their bona fide employees or agents. 12. COMPLIANCE WITH LAWS:The PARTIES shall comply with all applicable federal, state and local laws,rules and regulations in performing this AGREEMENT. 13. NON-DISCRIMINATION POLICY: The COUNTY and the DISTRICT 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. 14. 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. I Agreement No. - Page 4 i DATED this L,day of/ [`/, 2024. BOARD OF COUNTY COMMISSIONERS HOODSPORT FIRE &EMS MASON COUNTY,WASHINGTON MASON COUNTY,WASHINGTON Chair By ATTEST: Signature Clerk of t�heBoard Title APPROVED AS TO FORM: Ch. RECOMMENDING APPROVAL: / � L1z— Engineer Agreement No. Page 5