Loading...
Interlocal Agreement between Mason County and the City of Bremerton - Interlocal Agreement INTERLOCAL AGREEMENT BETWEEN MASON COUNTY AND THE CITY OF BREMERTON FOR ROAD AND STREET CHIP SEAL MAINTENANCE 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 2A '�A day of AA ht r , 2017, by and between the City of Bremerton (hereinafter referred to as CITY) 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 City has expressed interest in an interlocal agreement with the County whereby the County's Public Works Department will provide road and street maintenance services (chip seal); and 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 chip seal services for various roads and streets throughout the City of Bremerton, on a reimbursable basis. 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 Customer: Dept. of Public Works Dept. of Public Works and Utilities 100 W Public Works Drive 100 Oyster Bay Avenue N Shelton, WA 98584 Bremerton WA 98312 Attn: Melissa McFadden Attn: Milenka Hawkins-Bates Phone: (360) 427-9670, Ext. Phone: (360) 473-5333 Fax: (360) 427-7783 Fax: Email: MelissaM@co.mason.wa.us Email: Milenka.Hawkins- Bates@ci.bremerton.wa.us 3 . DURATION OF AGREEMENT: This agreement shall take effect upon execution of the agreement by both County and City and shall remain in effect until December 31 , 2022, unless either PARTY terminates by giving ten days written notice to the other PARTY. Either PARTY may terminate this agreement for convenience or any other reason. Page 1 4. WORK REQUESTS: The City will normally request chip seal maintenance on a given street or road at least eight months in advance of the work being performed, by submitting to COUNTY the form attached hereto as Exhibit A ("Work Request"), or by other written means that include the information indicated by the form at Exhibit A. The request should be submitted by an authorized representative of the City by e-mail. Phone or verbal requests must be followed up with a written request. The COUNTY will only do work as authorized by the City. 5. SCHEDULING: The COUNTY representative will determine whether the COUNTY will perform the work requested on a particular Work Request, and will normally schedule the work in discussion with the City's representative, giving due consideration to the immediacy of the City's need and workload of the COUNTY. 6. COUNTY EMPLOYEES: COUNTY employees assigned to projects pursuant to this agreement remain employees of the COUNTY at all times and shall perform the work requested under the sole supervision of the COUNTY. 7. COMPENSATION: (A) The City shall pay the County its actual cost for requested services; an estimate will be provided by the County to the City if requested. (13) The COUNTY shall invoice the City detailing time and 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 representative referred to in Section 2. 8, NO SEPARATE ENTITY OR JOINT PROPERTY: No separate legal or administrative entity is created by this agreement, and no joint personal or real property will be acquired, held, or disposed of pursuant to this agreement. 9. HOLD HARMLESS AND INDEMNIFICATION: (A) The City 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 attorneys 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 City's acts, errors or omissions in the performance of this agreement PROVIDED HOWEVER, that the City's obligation there under shall not extend to injury, sickness, death or damage caused by or arising out of 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 City's obligations hereunder shall apply only to the percentage of fault attributable to theCity, its employees or agents. Page 2 (B) With respect to the City'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 City further agrees to waive its immunity under the State Industrial Insurance Law, Title 51 , RCW, for any injury or death suffered by the City's employees caused by or arising out of the City's acts, errors or omissions in the performance of this agreement. This waiver has been mutually negotiated by the PARTIES. (C) The City's obligations hereunder shall include, but are not limited to, investigating, adjusting and defending all claims alleging loss from action, error or omission or breach of any common law, statutory or other delegated duty by the City, the City'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. 12. ATTORNEY' S FEES: In the event of litigation to enforce any of the terms or provisions herein, each patty shall pay all its own costs and attorney's fees. 13 . NON-DISCRIMINATION POLICY: The COUNTY and the City 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. ENTIRE AGREEMENT: This agreement constitutes the entire agreement between the PARTIES, and the PARTIES acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this agreement. 15. SEVERABILITY: If any provision of this agreement shall be held invalid, such invalidity shall not affect the other provisions of this agreement that can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this agreement are declared to be severable. 16. 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. Page 3 IN WITNESS WHEREOF the parties hereto have executed this agreement as of the day and year first above written. DATED this day of `1\-k`nJ� 72017, BOARD OF COUNTY COMMISSIONERS CITY OF BREMERTON MASON COUNTY, WASHINGTON 11 Kevin Shutt)/Chair Patty Len a or ATTEST: ATTEST12 A 14Z _ �---- elis a ISr y, Clerk/of the Board Shannon Corin, City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: i `Tim-Whitehe ; Gh A Roger Lubovich C ty Attorney Page 4 EXHIBIT "A" REQUEST AND AGREEMENT FOR REIMBURSABLE WORK PERFORMED BY MASON COUNTY DEPARTMENT OF PUBLIC WORKS The undersigned hereby requests that the following described work and/or service be performed by the Mason County Department of Public Works. It is understood that this work will be done at the convenience of the County and that the undersigned agency will reimburse all costs, unless otherwise indicated. DESCRIPTION OF WORK OR SERVICES REQUESTED: Estimate Attached: Yes No Projected Completion Date: Total Cost Not to Exceed $ The undersigned certifies that sufficient budgeted funds are available to cover the cost of the requested work and/or services, and that payment to the Mason County Department of Public Works will be made promptly unless otherwise indicated in this agreement. REQUESTING AGENCY: City of Bremerton, Department of Public Works and Utilities Address: Phone: FAX: Requested by: Name (Please Print) Title (Please Print) Signature: Date: A4 ACTION OF MASON COUNTY PUBLIC WORKS Estimate Attached: Yes No APPROVED BY: DATE: Deputy Director/County Engineer or Designee MODIFIED BY: DATE: Modified as follows: A -2