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HomeMy WebLinkAboutInterlocal Agreement between Kitsap County and Mason County - Interlocal Agreement KC- 350-01 INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND MASON COUNTY REIMBURSABLE WORK PERFORMED BY COUNTY PUBLIC WORKS AND/OR FOR RENTAL OF COUNTY EQUIPMENT This Interlocal Agreement is made and entered into pursuant to the provisions of Chapter 39-34 RCW by and between the County of Kitsap and the County of Mason. Either party to the agreement, the requesting County(hereinafter Requester) and the providing County (hereinafter Provider)may request work or equipment rental from the other County as they find mutually beneficial. I. RECITALS WHEREAS, Both Counties have Public Works Departments which employs persons who specialize in certain types of Public Works Projects, and also owns certain types of equipment: WHEREAS, each County may from time to time finds it advantageous or desirable to have certain work performed by the other County Public Works Department or its contractor and/or to obtain the use of equipment from the other County Public Works Department for specific projects. WHEREAS, both Counties, will benefit from cooperation in Public Works projects in this manner; WHEREAS, Chapter 39.34 RCW provides that local jurisdictions may enter into cooperative agreements for their mutual benefit; Now therefore the County of Kitsap and the County of Mason, through their respective legislative bodies do hereby agree as follows: PURPOSE OF AGREEMENT: The purpose of this agreement is to provide for cooperation between Counties in Public Works projects by allowing either County to request that certain work be performed by the other County Public Works Department or its contractors, or that either County be allowed to rent certain pieces of equipment owned by the other County. Page i of 4 ' l ADMINISTRATION OF AGREEMENT: Both County Public Works Departments will administer this agreement. DURATION OF AGREEMENT: This agreement shall take effect upon execution of the agreement by both Counties and shall remain in effect until terminated. TERMINATION OF AGREEMENT: Either County may terminate this agreement by giving ten days written notice to the other party. ACQUISITION OF PROPERTY: Unless otherwise agreed to in writing, any property acquired by a County pursuant to this agreement shall remain property of that County. REQUESTS: Whenever a County desires to obtain work by or to rent equipment from the other County Public Works Department pursuant to this agreement,the Requester shall make a request for said work or equipment in a form required by the Provider. REVIEW OF REQUEST: The request will be reviewed by the Provider Public Works Department for the Provider's work crews to perform the work requested and/or the requested equipment. The Provider's Director of Public Works, or his designee, shall have final decisions as to a recommendation of either the work crew or the equipment. APPROVAL OF REQUEST: once the Provider's Director of Public Works, or his designee, recommends the requested work crew or equipment the recommendation will be forwarded on to the Provider's Board of County Commissioners for approval. FULFILLMENT OF REQUESTS: If the request is approved by the Provider's Board of County Commissioners, as set forth in this agreement,the Provider will perform the work requested or provide the equipment requested. COUNTY EMPLOYEES: All employees assigned to Public Works projects pursuant to this agreement,remain employees of their respective County at all times and shall perform the work requested under sole supervision of their County. Labor, procedures, equipment and materials in performance of Public Work projects pursuant to this agreement shall be mutually agreed to in writing. Page 2 of 4 EQUIPMENT: Equipment to be provided pursuant to this agreement shall be inspected by both Counties prior to use. The Requester using the equipment shall bear responsibility for insuring that operators of said equipment are properly trained in the use of said equipment. Requester shall compensate the Provider for any ands all losses and/or damages occurring while equipment is in possession of the Requester. FINANCIAL RESPONSIBILITY: The Requester shall be solely responsible for all costs of Requester's project, and administration of all grant funds, if any,related to the Requester's project. REIMBURSEMENT: Requester shall reimburse Provider for all costs of direct and indirect labor(including fringe benefits), administration, equipment rental, engineering, materials and supplies for the Public Works, performed pursuant to this agreement. Requester shall reimburse Provider for use of equipment at the rate determined by Provider's Director of Public Works or his designee. Provider shall submit a statement to Requester after performance or delivery and within thirty (30) days Requester shall remit thereon. HOLD HARMLESS: Each party shall defend, indemnify and hold harmless the other party from and against all claims, suits and/or other actions arising from any negligent or intentional act or omission of that party's employees, agents and/or authorized subcontractors arising from the performance of this agreement. INSURANCE: Provider may require, as a condition of performance of Public Works and/or provision of equipment that Requester obtain public liability insurance, naming Provider as an additional insured. If Provider so requires, it shall notify Requester and give Requester the option to withdraw its request. Page 3 of 4 DATED this, day of / 10/ . 32001 BOARD OF COMMISSIONERS BOARD OF COMMISSIONERS MASON COUNTY, WASHINGTON KITSAP COUNTY,WASHINGTON Herb Baze, Chair—� Chris-Endresen, C r Wesley EOJohmsVn, Commissioner Tim Botkin, Commissioner NOT PRESENT Bob Holter, Commissioner Jan Angel, Commissioner ATTEST: ATTEST: (&� Rebecca S. Rogers Clerk of Vie.Board Aolly AtTn, Clerk of the Board 10/9/01 Page 4 of 4