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Home My WebLink AboutMary M. Knight - Interlocal Agreement Agreement No.2023-06 23- 0501 INTERLOCAL AGREEMENT BETWEEN MASON COUNTY AND MARY M.KNIGH SCHOOL DISTRICT FOR PUBLIC WORKS DEPARTMENT. REIMBURSABLE WORK,SUPPLIES AND SERVICES THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the.Interlocal Cooperation Act, Chapter 3934 of the Revised Code of Washington, on the 29`�'day of August, 2023,by and between Mary M. Knight School District(hereinafter referred to as DISTRICT) and Mason 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 express interest in an Interlocal agreement with the COUNTY whereby the COUNTY will provide reimbursable work,supplies,and services : (including emergency assistance). 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 provide the above-mentioned services to the DISTRICT when a work request has been approved by both parties. 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 Mary M.Knight School DISTRICT Dept. of Public Works 2987 Matlock Brady Road 100 W Public Works Drive Elma, WA 98541 Shelton,WA 98584 Sho ffluel Station.Services: Attn: Matt Mallery, Superintendent Attn:Pete Medcalf Phone: (360)426-6767 - Email:pmedcalf@masoncountywa.gov Email:mmallM(@mmk.xvebnet.edu Other Services: Attn: Jeremy Seymour Phone: (360)427-9670,Ext. 450 Email:jeremysexnasoncuntywa.gov 3. DURATION OF AGREEMENT: This agreement shall take effect upon execution of the agreement by both COUNTY and DISTRICT and shall remain in effect until EITHER PARTY terminates by giving ten days written notice to the OTHER PARTY. Page 1 4. WORK REQUESTS: The DISTRICT will normally request work from the COUNTY Road Operations&Maintenance Manager,Jeremy Seymour and/or ER&R Supervisor,Pete Medcalf. The request should be requested 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: A. 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 to pay for all parts provided by the COUNTY from COUNTY stock(at COUNTY'S cost)plus any costs associated with fluids,pick-up and delivery, plus any mark-up as described below. B. Expenses outlined herein shall be paid by the DISTRICT in the manner set forth below: 1. Costs of any parts that the COUNTY does not have in-stock may be directly billed to the DISTRICT. 2. 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. . 4. 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. 5. 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 DISTRICT agree to the following when using this service: Fuel Purchase. 1. The DISTRICT may be permitted to fuel its vehicles utilizing the facility maintained by the COUNTY at the Public Works Facility. 2. Fueling is only allowed to vehicles with exempt license plates and assigned vehicle pin numbers. 3. 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 Orel Page 2 costs as charged to Mason COUNTY(price of fuel is adjusted on a weekly 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 should be promptly reported to the COUNTY ER&R Supervisor. 4. DISTRICT agrees to accept responsibility for the use of and charges to issued account number. 5. 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 30- days. 8. ALL OTHER REQUEST WORK, SUPPLIES OR SERVICES: A. The DISTRICT shall pay the COUNTY all actual cost(direct and indirect)for requested services; an estimate will be provided by the COUNTY to the DISTRICT if requested. B. The COUNTY shall invoice the DISTRICT detailing time and/or materials used by the COUNTY. C. 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 one of the representatives referred to in section 2. 9. HOLD HARMLESS AND INDEMNIFICATION: (A.) The DISTRICT shall hold harmless,indemnify and defend the COUNTY, 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 DISTRICT'S acts, errors or omissions in the performance.of this AGREEMENT. PROVIDED HOWEVER,that the DISTRICT'S obligation there under 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 DISTRICT's obligations hereunder shall apply only to the percentage of fault attributable to the DISTRICT,its employees or agents. (B.). With respect to the DISTRICT'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 DISTRICT further agrees to waive its immunity under the State Industrial Insurance Law,Title 51,RCW,for any injury or death suffered by the DISTRICT'S employees caused by or arising out of the DISTRICT'S acts, errors or omissions in the performance of this AGREEMENT. This waiver has been mutually negotiated by the PARTIES. (C.)The DISTRICT'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 DISTRICT,the DISTRICT'S employees, agents or subcontractors. 10. ASSIGNMENT,DELEGATION AND SUBCONTRACTING: The.PARTIES shall perform the terms of the AGREEMENT using only their bona fide employees or agents. 11. COMPLIANCE WITH LAWS: The PARTIES shall comply with all applicable federal, state and local laws,rules and regulations in performing this AGREEMENT. Page 3 state and local laws,rules and regulations in performing this AGREEMENT. 12. 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. r 13, 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. DATED this 22L�, day oQ% p},2023. BOARD OF COUNTY COMMISSIONERS MARY M. KNIGHT SCHOOL MASON COUNTY,WASHINGTON DISTRICT Chair By ATTEST: Signature rn n Clerk of the Nard Title A APPROVED AS TO FORM: Ch. DPA RECOMMENDING APPROVAL: COUNTY Engin er Page 4