HomeMy WebLinkAboutServices Agreement between Public Works and Fire District No. 1 - Interlocal Agreement SERVICES AGREEMENT
MASON COUNTY/PUBLIC WORKS DEPARTMENT
THIS AGREEMENT is made and entered into by and between MASON
COUNTY, through its PUBLIC WORKS DEPARTMENT, EQUIPMENT RENTAL AND
REVOLVING FUND (hereinafter COUNTY) with its principal offices at 100 W. Public
Works Drive, Shelton, Washington 98584 and Mason County Fire Protection District #1
(hereinafter CUSTOMER) located at N. 331 Finch Creek Rd., Hoodsport, WA 98548,
(hereinafter collectively referred to as PARTIES or individually as PARTY).
In consideration of the mutual benefits and covenants contained herein, the
PARTIES agree as follows:
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1. DURATION OF AGREEMENT
This agreement shall take effect upon execution of the agreement by both parties and
shall remain in effect until terminated.
2. SCOPE OF SERVICES
Repair or maintenance of CUSTOMER'S equipment or vehicles by COUNTY mechanics
at COUNTY facilities or in the field.
3. AGREEMENT REPRESENTATIVES
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:
a. For CUSTOMER:
Name of Representative: Al Pinedo
Title: Chief
Street Address: N. 331 Finch Creek Rd., Hoodsport, WA 98548
Telephone Number: 360-507-3402
Fax Number: 360-507-5186
E-mail Address: Mcfd100Cc_gmail.cwn
b. For COUNTY: Mason County Public Works Department, Equipment Rental
and Revolving Fund shall be responsible for implementing this AGREEMENT on behalf
of COUNTY.
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Name of Representative: David A. Loser
Title: Equipment Rental & Revolving Fund Manager
Mailing Address: 100 W. Public Works Drive, Shelton, WA 98584
Telephone Number: (360) 427-5505
Fax Number: (360) 427-8448
E-mail address: dal@co.mason.wa.us
4. WORK REQUESTS
The CUSTOMER will normally request work from the Mason County Equipment
Maintenance Supervisor, Tim Burford, 360-427-9670 x387 or x386. The request should
be requested by an authorized representative of the CUSTOMER 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 CUSTOMER. Additional problems or repairs noted
will be brought to the attention of the CUSTOMER'S representative for authorization or
deferment until the next maintenance opportunity.
5. SCHEDULING
The COUNTY will normally schedule the work in discussion with the CUSTOMER'S
representative, giving due consideration to the immediacy of the CUSTOMER'S need
and workload of the COUNTY.
6. COMPENSATION
a. COUNTY will extend to the CUSTOMER the same shop rates and part markups
charged to other internal County departments. Labor is charged at actual cost, not book
rate. Current (Calender Year 2011) shop rate is $88.00 per hour and parts markup is
25%. The CUSTOMER may provide parts in advance that are anticipated to be needed
during maintenance. Maintenance or corrective repair that is required after normal shop
hours will be billed at overtime rates. Field repairs normally will include shop truck
costs.
b. The COUNTY shall invoice the CUSTOMER detailing time, parts and materials used
by the COUNTY. Payment is due upon receipt of invoice and payment shall be
expected in thirty (30) days from date of invoice.
7. HOLD HARMLESS AND INDEMNIFICATION
a. The CUSTOMER shall hold harmless, indemnify and defend the COUNTY, its
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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
CUSTOMER'S acts, errors or omissions in the performance of this AGREEMENT.
PROVIDED HOWEVER, that the CUSTOMER'S obligation thereunder 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 customer's obligations hereunder shall apply only to the percentage of fault
attributable to the customer, its employees or agents.
b. With respect to the CUSTOMER'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 CUSTOMER further agrees to waive its immunity under
the State Industrial Insurance Law, Title 51, RCW, for any injury or death suffered by
the CUSTOMER'S employee's caused by or arising out of the CUSTOMER'S acts,
errors or omissions in the performance of this AGREEMENT. This waiver has been
mutually negotiated by the PARTIES.
c. The CUSTOMER'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
CUSTO��ER the customer's employees, agents or subcontractors.
8. TERMINATION
Either PARTY may terminate this AGREEMENT upon giving ten, (10) days written
notice to the other PARTY. In that event, the CUSTOMER shall pay the COUNTY for
all costs incurred by the COUNTY in performing the AGREEMENT up to the date of
termination.
9. ASSIGNMENT. DELEGATION. AND SUBCONTRACTING
The PARTIES shall perform the terms of the AGREEMENT using only their bona fide
employees or agents.
10. COMPLIANCE WITH LAWS
The PARTIES shall comply with all applicable federal, state and local laws, rules and
regulations in performing this AGREEMENT.
11. DISPUTES
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Differences between the customer and the COUNTY, arising under and by virtue of this
AGREEMENT, shall be brought to the attention of the COUNTY at the earliest possible
time in order that such matters may be settled or other appropriate action promptly
taken. Any dispute relating to the quality or acceptability of performance and/or
compensation due the COUNTY shall be decided by the COUNTY'S AGREEMENT
representative or designee. All rulings, orders, instructions and decisions of the
COUNTY'S AGREEMENT representative shall be final and conclusive.
12. ENTIRE AGREEMENT
The PARTIES agree that this AGREEMENT is the complete expression of its
terms and conditions. Any oral or written representations or understandings not
incorporated in this AGREEMENT are specifically excluded.
The PARTIES to this AGREEMENT have executed this AGREEMENT as of the
date written below.
Executed in duplicate this day of (hL, f0a mil
CUSTOMER: For the
BOARD OF COUNTY COMMISSIONERS
Firm : Mason County Washington
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Signature: r ��
Title:
Approved As To Form: Approved As To Form
By: By. i
Deputy Prosecuting Attorney-037-01
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