HomeMy WebLinkAboutMason Transit Authority Hunter Park MOU - Interlocal Agreement INTERLOCAL AGREEMENT
BETWEEN MASON COUNTY
and the
MASON TRANSIT AUTHORITY
This Interlocal Agreement (AGREEMENT) is made and entered into pursuant to the
provisions of Chapter 39.34 RCW Interlocal Cooperation Act by and between Mason
County (COUNTY) and the Mason Transit Authority (MTA) collectively known as the
parties to this AGREEMENT.
WHEREAS, COUNTY owns the William O. Hunter park (PARK) located at 220 NE State
Route 3 in Belfair, Washington; and
WHEREAS, MTA desires to use the PARK as a bus stop while patrons are utilizing
MTA's transportation system; and
WHEREAS, the parties desire to set forth their respective agreement to the use and
maintenance of the PARK.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties agree as follows:
Purpose:
COUNTY hereby grants MTA the revocable authority to utilize and maintain the PARK as
a bus stop as detailed in this AGREEMENT.
Term:
This AGREEMENT will be in effect upon the day of the last signature and will remain in
effect until terminated. Either party may terminate this AGREEMENT by providing a forty-
five (45) day written notice to the other party.
Administration:
COUNTY and MTA have designated the following representatives to serve as the
Administrators for this AGREEMENT. Each party agrees to provide notification to the other
party of change of designated Administrator.
COUNTY:
Jeff Vrabel, Facilities, Parks and Trails Manager
2100 E Johns Prairie Road
Shelton, WA 98584
Phone: 360-427-9670 Ext. 669
E-mail: jvrabel@co.mason.wa.us
MTA:
Marshall Krier, Maintenance Manager
790 East Johns Prairie Road
Shelton, WA 98584
Phone: 360-432-5732
E-mail: mkrier@masontransit.org
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Notices and Written Communication:
Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or
other generally accepted manner including delivery services.
Responsibilities:
MTA will be responsible for maintaining the PARK including but not limited to: routine
maintenance of grounds and shelter; purchase and installation of a new Duo-Gard Industries or
similar shelter and removal of the current shelter; repairs, graffiti removal, cleaning and
maintenance of the shelter; paying water and electricity costs; providing insurance on the
Shelter; and notifying COUNTY of any issues including required repairs. COUNTY will be
responsible for: providing insurance for the PARK; completing major repairs such as replacing a
water line; and providing MTA staff with technical assistance and other support as deemed
appropriate and reasonable by COUNTY's AGREEMENT Administrator.
Approval for Improvements and Major Repairs: MTA shall obtain written permission from
COUNTY prior to undertaking any repairs or improvements which could permanently alter the
condition or use of the PARK.
Indemnification:
1. Mutual Indemnity. To the extent of its comparative liability, each party agrees to indemnify,
defend and hold the other party, its elected and appointed officials, employees, agents and
volunteers, harmless from and against any and all claims, damages, losses and expenses,
including but not limited to court costs, attorney's fees and alternative dispute resolution costs,
for any personal injury, for any bodily injury, sickness, disease or death and for any damage to
or destruction of any property (including the loss of use resulting therefrom) which are alleged or
proven to be caused by an act or omission, negligent or otherwise, of its elected and appointed
officials, employees, agents or volunteers.
In the event of any concurrent act or omission of the parties, each party shall pay its
proportionate share of any damages awarded. The parties agree to maintain a consolidated
defense to claims made against them and to reserve all indemnity claims against each other
until after liability to the claimant and damages, if any, are adjudicated. If any claim is resolved
by voluntary settlement and the parties cannot agree upon apportionment of damages and
defense costs, they shall submit apportionment to binding arbitration.
2. Survival of Indemnity Obligations. The parties agree all indemnity obligations shall survive
the completion, expiration or termination of this AGREEMENT.
Independent Capacity:
Employees or agents of each party who are engaged in the performance of this AGREEMENT
shall continue to be employees or agents of that party and shall not be considered for any
purpose to be employees or agents of the other party.
Assignment and Subcontracting:
The performance of all activities contemplated by this AGREEMENT shall be accomplished by
MTA. No portion of this AGREEMENT may be assigned or subcontracted to any other
individual, firm or entity without the express and prior written approval of COUNTY.
Non-Discrimination in Employment:
COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of
employment for all qualified applicants and employees without regard to race, color, creed,
religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status.
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MTA shall comply with all laws prohibiting discrimination against any employee or applicant for
employment on the grounds of race, color, creed, religion, national origin, sex, sexual
orientation, age, marital status, disability, or veteran status, except where such constitutes a
bona fide occupational qualification.
MTA shall take affirmative action to insure that applicants are employed and treated during
employment, without regard to their race, color, creed, religion, national origin, sex, age, marital
status, sexual orientation, disability, or veteran status, except where such constitutes a bona
fide occupational qualification. Such action shall include, but not be limited to: advertising,
hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits,
selection for training including apprenticeship, and participation in recreational and educational
activities. In all solicitations or advertisements for employees placed by them or on their behalf,
MTA shall state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex or national origin.
Non-Discrimination in Customer Services:
MTA shall not discriminate on the grounds of race, color, creed, religion, national origin, sex,
age, marital status, sexual orientation, disability, or veteran status; or deny an individual or
business any service or benefits under this AGREEMENT; or subject an individual or business
to segregation or separate treatment in any manner related to his/her/its receipt any service or
services or other benefits provided under this AGREEMENT; or deny an individual or business
an opportunity to participate in any program provided by this AGREEMENT.
Compliance with Applicable Laws, Rules and Regulations:
This AGREEMENT shall be subject to all laws, rules, and regulations of the United States of
America, the State of Washington, political subdivisions of the State of Washington and Mason
County. MTA agrees to comply with applicable Federal, State, County or municipal standards
for licensing, certification and operation of facilities and programs, and accreditation and
licensing of individuals.
Amendments:
Either party may request changes into the AGREEMENT. Any and all agreed changes, to be
valid and binding upon either party, shall be in writing, signed by both of the parties and
attached to this AGREEMENT as an amendment.
Disputes:
Differences between the MTA and COUNTY, arising under and by virtue of the AGREEMENT
shall be brought to the attention of COUNTY at the earliest possible time in order that such
matters may be settled or other appropriate action promptly taken. Except for such objections
as are made of record in the manner hereinafter specified and within the time limits stated, the
records, orders, rulings, instructions, and decisions of the COUNTY's Administrator shall be final
and conclusive.
Venue and Choice of Law:
In the event that any litigation should arise concerning the construction or interpretation of any
of the terms of this AGREEMENT, the venue of such action of litigation shall be in the courts of
Mason County. Unless otherwise specified herein, this AGREEMENT shall be governed by the
laws of Mason County and the State of Washington.
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Severability:
If any term or condition of this AGREEMENT or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition or application. To this
end, the terms and conditions of this AGREEMENT are declared severable.
Waiver:
Waiver of any breach or condition of this AGREEMENT shall not be deemed a waiver of any
prior or subsequent breach. No term or condition of this AGREEMENT shall be held to be
waived, modified or deleted except by an instrument, in writing, signed by the parties hereto.
The failure of COUNTY to insist upon strict performance of any of the covenants of this
AGREEMENT, or to exercise any option herein conferred in any one or more instances, shall
not be construed to be a waiver or relinquishment of any such, or any other covenants or
contracts, but the same shall be and remain in full force and effect.
Order of Precedence:
1. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office
of Management and Budget (OMB) circulars and federal and state executive orders.
2. AGREEMENT.
Entire Agreement:
This written AGREEMENT, comprised of the writings signed or otherwise identified and
attached hereto, represents the entire AGREEMENT between the parties and supersedes any
prior oral statements, discussions or understandings between the parties.
IN WITNESS WHEREOF, COUNTY and MTA have executed this Interlocal Agreement as
of the date and year last written below.
MASON TRANSIT AUTHORITY BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
�1
anette annin,/General Manager Terri Jeffreys, Ch i
Dated: 1 �o Dated:
APPROVED AS TO FORM:
Tim Whitehead, Chief DPA
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