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Interlocal Agreement between Mason County and the City of Shelton - Interlocal Agreement INTERLOCAL AGREEMENT BETWEEN MASON COUNTY GOVERNMENTAL AGENCIES FOR REIMBURSABLE WORK, SUPPLIES AND/OR RENTAL OF EQUIPMENT This Interlocal Agreement is made and entered into pursuant to the provisions of Chapter 39.34 RCW by and between the City of Shelton and Mason County (hereinafter Parties). Any party to the agreement may request (hereinafter Requester) work, supplies or equipment rental from the other party (hereinafter Provider), and any Provider may provide work, supplies, or equipment, as the parties find mutually beneficial. I. RECITALS WHEREAS, The Parties have Departments with staff who specialize in certain types of work, that purchase certain types of supplies and also own certain types of equipment. WHEREAS, each Party may from time to time find it advantageous or desirable to have certain work performed by another Party or its contractor, which would otherwise be performed in-house by day labor or otherwise exempt from competitive bidding and prevailing wage requirements, and/or to obtain supplies or the use of equipment from another Party for specific tasks, when the purchase of supplies would fall below thresholds for competitive purchasing. WHEREAS, all Parties will benefit from cooperation in this manner; WHEREAS, Chapter 39.34 RCW provides that local jurisdictions may enter into cooperative agreements for their mutual benefit; and WHEREAS, it is intended that general and special purpose governmental jurisdictions and public service providers in Mason County may in the future join in this Agreement by executing a signature page that incorporates the terms of this Agreement by reference. NOW THEREFORE the Parties, through their respective legislative bodies do hereby agree as follows: PURPOSE OF AGREEMENT: The purpose of this agreement is to provide for cooperation between Parties by allowing any Party to request that another Party or its contractors perform certain work, or that supplies be provided by another Party, or that certain pieces of equipment be rented to another Party. PARTICIPATION: City of Shelton and Mason County are the initial parties to this agreement. Other General and Special purpose governmental jurisdictions and public service providers may in the future join in this agreement by executing a signature page that incorporates the terms of this agreement bvreference. ADMINISTRATION OF AGREEMENT: The respective parties hz this Agreement shall select one Administrator per governmental entity. The Administrator will be specifically appointed by the legislative and/or governing body of the governmental entity/organization, and shall have full powers to act on behalf of his or her respective governmental entity/organization. The Administrator may appoint another person ho act in his or her capacity as Administrator for purposes of this Agreement. Each Agency's Administrator shall be responsible for keeping the Agency's governing board advised of actions taken under this agreement. DURATION OF AGREEMENT: This agreement shall take effect upon execution ofthe agreement byall Parties and shall remain in effect until terminated. WITH DRAWAL/TERM0NATUON OF AGREEMENT: Any Party may withdraw from this agreement by giving ton days written notice to the other Parties. If all or all but one Party chooses bJ withdraw from the agreement, the agreement will beconsidered terminated. REQUESTS: Each request for service shall bein writing and shall specify the particular service naquin*d, the amounts and types of labor, equipnnent, and nnatehe| naquinad, the location of the work, the estimated cost of the work and other information pertinent to the request. In cases of emergency or unforeseen circumstance necessitating prompt action the request and approval may be done verbally but must ba documented in writing within 4B hours of the verbal request. The Requester is responsible to assure that the work, supplies or equipment request complies with otatuteo, rules and policies Vf the requesting agenoy, including but not limited tolaws related to collective bargeinin0, wage and hour laws, public works, prevailing xxagmm. and purchasing. The Provider shall incur nO liability for any cause ofaction, monetary extractions, or damages arising from a Request made in violation of any applicable laws. Requester shall defend, indemnify and hold Provider harmless against the same. REVIEW OF REQUEST: Upon receipt of the request, the Provider shall indicate its acceptance or rejection of the nequee[, provide an estimated cost of the work, have it signed by its Administrator, and return one copy to the Requester within ten (10) business days. Providers reserve the right to refuse requests bv reason of unavailability, lack of resources, law mrcontractual violations, or other concerns. FULFILLMENT OF REQUESTS: |f the request ia approved by the Providers Administrator, the Provider will perform the work requested, provide the supplies requested or provide the equipment requested. Requesters reserve the right to reject workers, aupp|iee, or equipment that do not meet standards. AGENCY EMPLOYEES: All employees assigned to provide services, supplies or equipment pursuant to this agreement remain employees of their respective Party at all times and shall perform the work requested under sole supervision of their employer. The Parties involved shall mutually agree inwriting to labor, procedures, | equipment and materials in performance of work pursuant to this agreement. Each employer retains sole responsibility for supervising, diocp|ining, and otherwise directing the performance of its employees performing work for another Party, provided that the Requester shall have the right to specify standards for the Work. The Provider of each employee remains responsible for compensating the employee who performs work for a Requester, including overtime wages if applicable. Each Provider shall defend, indemnify, and hold each Requester harmless against all claims arising by virtue of misconduct or negligence by the Provider's employee that results in injury. EQUIPMENT: The Requester shall be responsible for the proper care, maintenance and security of borrowed equipment until the equipment is returned to the Provider. Equipment to be provided pursuant to this agreement shall be inspected by both Parties prior touse. The Requester using the equipment shall bear responsibility for assuring that operators of said equipment are properly trained in the use of said equipment. The Requester's operators may be checked out onthe equipment bxthe Provider's staff to verify proper training onthe equipment prior to release ofthe equipment. Any damage other than normal wear and tear will be the responsibility of the party in possession ofthe equipment at the time the equipment is damaged. The Provider may require, at its sole discretion, that only Provider's personnel operate certain equipment. |ndoing so, Provider shall be deemed en independent contractor and Provider's employees shall not be deemed employees mfthe Requester. The Provider's operator shall perform under the general direction and control of the Requester but shall retain full control of the manner and means of using the equipment. Equipment Lists from the Parties containing each agencies equipment, hourly rate and operator requirements are identified in EXH|B|T 'A' tothieagnamnnent. 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, exoectthat1hgprovidersho|| nnaintointhenesponsibi|ih/Vf compensating its own employees. REIMBURSEMENT: Requester shall reimburse Provider for all costs of direct and indirect labor (including hinge benefits), administration, equipment rental, engineering, materials and supplies for the work, supplies or equipment, performed pursuant to this agreement. Requester shall reimburse Provider for use of equipment at the rate determined by Providers Administrator. Provider shall submit a statement to Requester after performance or delivery and within thirty(30) days Requester shall remit thereon. RECORDS RETENTION AND AUDIT: The parties agree to maintain records of all costs incurred under this Agreement, in accordance with an accounting system as prescribed and approved by the Washington State Auditor's Office. These records shall be kept available for inspection and audit bv the party requesting the service for six /8\ years after payment of the requested service. DISPUTE CLAUSE AND VENUE. In the event that a dispute arises between a Requester and a Provider, it shall be resolved asfollows: | The Administrator for the Provider and the Requester shall each appoint a member to a disputes board, these two members shall select a third member not affiliated with either Agency. The dispute resolution hearing shall be informal and unrecorded. An attempt at such dispute resolution in compliance with aforesaid process shall be a prerequisite to the filing of any litigation concerning the dispute. In the event that any Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties hereto agree that any such action or proceedings shall be brought in a court of competent jurisdiction in Mason County, Washington. The laws of the State of Washington shall apply to this Agreement. HOLD HARMLESS AND INDEMNIFICATION. A. Usage of Equipment. The Requester will defend, indemnify, save and hold harmless the Provider and its officers, agents, and employees from all claims, actions, damages, or expenses of any nature whatsoever by reasons of the acts or omissions of the Provider and its assigns, agents, contractors, licensees, invitees, employees, or any person whomsoever arising out of or in connection with any acts or activities authorized by this agreement arising solely out of Requester's use of the Providers equipment. In such cases, the Requester further agrees to defend the Provider and its authorized agents and employees in any litigation, including payment of any costs or attorney fees for any claims or actions commenced thereon arising out of or in connection with the acts or activities authorized by this Agreement. This obligation shall not include such claims, costs, damages or expenses which are caused by the sole negligence of the Provider or its authorized agents or employees. B. Usage of Labor. Each Provider shall defend, indemnify, and hold each Requester harmless against all claims arising by virtue of misconduct or negligence by the Provider's employee that results in injury. In such cases, the Provider further agrees to defend the Requester and its authorized agents and employees in any litigation, including payment of any costs or attorney fees for any claims or action commenced thereon arising out of or in connection with the acts or activities authorized by this Agreement. This obligation shall not include such claims, costs, damages or expenses which are caused by the sole negligence of the Requester or its authorized agents or employees. C. Concurrent Negligence. If the claims or damages are caused by or result from the concurrent negligence of the Provider and its agents or employees, and the Requester, its agents or employees, and involves those actions covered by RCW 4.24.115, both the Provider and the Requester shall be liable only to the proportional extent of their respective negligence. D. Supplies. All material and supplies will be provided on an "AS IS" basis. Provider does not warrant any supplies or materials and specifically disclaims any express or implied warranties, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. SUCH WARRANTIES SHALL NOT BE ENLARGED, DIMINISHED OR OTHERWISE AFFECTED BY THE RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE BY THE PROVIDER IN CONNECTION WITH THE EQUIPMENT OR BY ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING, BY STATUTE, OR BY PERFORMANCE, CUSTOM OR USAGE OF TRADE. Requester shall defend, indemnify, and hold Provider harmless from all causes of action arising from a Requester's use of supplies. 4 ACCESS TO RECORDS. All participating agencies agree to maintain records and reports required under this Agreement for a period of not less than six years after the date of termination or expiration, except in the event of litigation or settlement of claims arising from the performance of any part of this Agreement, in which case all records shall be retained until the participating agency, the FTA, or the Comptroller General have disposed of all litigations, appeals or claims related to this cooperative activity. WAIVER. No waiver by either party of any term or condition of this Agreement incorporated in this Agreement shall be deemed or construed to constitute a waiver of any other term or condition or of any subsequent breach, whether of the same or different provision. SEVERABILITY. If any section or part of this Agreement is held by a court to be invalid, such action shall not affect the validity of any other part of this Agreement. INSURANCE: Provider may require, as a condition of performance of work 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. DATED this d day of r , 2013 Mayor oft elton BOARD CHAIR Commissioner of Shelton BOARDr. AMR- t1r1�+ti,1p.`r A 7 ommissioner of Shelton BOARD CdA1R "^I� LEGAL REVIEW: LEGAL REVIEW: s Equipmenti i Mason County Equipment List As of: 3/18/2013 Hourly Unit of Operator Equip# Description Unit Cost Measure daily$ weekly$ per hr E254 2008 Ford Auger Flatbed $30.00 Even Hour $240.00 $1,200.00 E301 1986 International 5-7 Yard Dump $32.00 Even Hour $256.00 $1,280.00 E302 2008 International 7400 $44.00 Even Hour $352.00 $1,760.00 E304 1991 International 5-7 Yard Dump $34.00 Even Hour $272.00 $1,360.00 E305 1990 International Oiler $32.00 Even Hour $256.00 $1,280.00 $40 E307 1993 Cab/Chasis w/Guzzler Jet $30.00 Even Hour $240.00 $1,200.00 $40 E308 1999 Freightliner/Athey Sweeper $80.00 Even Hour $640.00 $3,200.00 $40 E309 2008 Sterling 800A Jetter $100.00 Even Hour $800.00 $4,000.00 $40 E312 2006 International Oiler $80.00 Even Hour $640.00 $3,200.00 $40 E400 2002 International Water Tanker $22.00 Even Hour $176.00 $880.00 $40 E401 1984 Peterbuilt Tractor $25.00 Even Hour $200.00 $1,000.00 E402 1994 Freightliner $100.00 Even Hour $800.00 $4,000.00 E406 1992 Mack 10-12 Yard Dump $25.00 Even Hour $200.00 $1,000.00 E411 1997 Mack 10/12 Yard Dump $50.00 Even Hour $400.00 $2,000.00 E412 1997 Mack 10/12 Yard Dump $45.00 Even Hour $360.00 $1,800.00 E414 2001 Volvo Tractor $45.00 Even Hour $360.00 $1,800.00 E420 2008 Volvo 10-12 Yd Dump $35.00 Even Hour $280.00 $1,400.00 E421 2008 Volvo 10-12 Yd Dump $35.00 Even Hour $280.00 $1,400.00 E422 2010 Mack Dump Truck $30.00 Even Hour $240.00 $1,200.00 E423 2010 Mack Dump Truck $30.00 Even Hour $240.00 $1,200.00 E501 1994 Caterpillar M140 $45.00 Even Hour $360.00 $1,800.00 $40 E502 1994 Caterpillar M140 $30.00 Even Hour $240.00 $1,200.00 $40 E503 Volvo Grader $85.00 Even Hour $680.00 $3,400.00 $40 E601 1986 Caterpillar 936G Loader $30.00 Even Hour $240.00 $1,200.00 E604 1991 Catepillar 936E Loader $35.00 Even Hour $280.00 $1,400.00 E609 1991 Athey Loader $160.00 Even Hour $1,280.00 $6,400.00 $40 E610 1987 J.D. 655C Track Loader $60.00 Even Hour $480.00 $2,400.00 E612 1997 Cat Backhoe $25.00 Even Hour $200.00 $1,000.00 E613 2004 John Deere Backhoe Loader $30.00 Even Hour $240.00 $1,200.00 E614 2007 John Deere Backhoe Loader $24.00 Even Hour $192.00 $960.00 E616 2010 Gradall Excavator $80.00 Even Hour $640.00 $3,200.00 $40 E617 2009 Gradall Excavator $80.00 Even Hour $640.00 $3,200.00 $40 E618 2012 John Deere Excavator $95.00 Even Hour $760.00 $3,800.00 $40 E700 1997 Western 33ft T/A end dump trz $17.00 Even Hour $136.00 $680.00 E718 2005 Etnyre Tanker Trailer $70.00 Even Hour $560.00 $2,800.00 $40 E719 2007 Etnyre Tanker Trailer $95.00 Even Hour $760.00 $3,800.00 $40 E740 2006 Tilt Util. Trailer Olympic $6.00 Even Hour $48.00 $240.00 E750 2007 ADS Message Board $9.00 Even Hour $72.00 $360.00 E751 2007 ADS Message Board $6.00 Even Hour $48.00 $240.00 E800 2004 John Deere Brushcutter $0.00 Even Hour $0.00 $0.00 E801 1998 Tow Sweep Broom $50.00 Even Hour $400.00 $2,000.00 E802 1991 Etnyre Chipspreader $250.00 Even Hour $2,000.00 $10,000.00 $40 E803 2004 Broce Broom Sweeper $20.00 Even Hour $160.00 $800.00 E804 2004 Broce Broom Sweeper $20.00 Even Hour $160.00 $800.00 E806 1976 Hyster Rubber Tire Roller $0.00 Even Hour $0.00 $0.00 E807 2000 Hyster 530 Pneumatic Roller $40.00 Even Hour $320.00 $1,600.00 E808 2000 Brush Cutter $40.00 Even Hour $320.00 $1,600.00 Hourly Unit of Operator Equip# Description Unit Cost Measure daily$ weekly$ per hr E809 1990 Vermeer 1250 Brush Chipper $40.00 Even Hour $320.00 $1,600.00 E810 2001 Tiger Boom Mower $45.00 Even Hour $360.00 $1,800.00 E812 2013 Vermeer BC-1500 $55.00 Even Hour $440.00 $2,200.00 E813 1997 Pro Patch Box $5.00 Even Hour $40.00 $200.00 E815 2007 John Deere Brushcutter $50.00 Even Hour $400.00 $2,000.00 E816 2009 John Deere Brushcutter tractor $45.00 Even Hour $360.00 $1,800.00 E817 2001 Tiger Boom Mower $35.00 Even Hour $280.00 $1,400.00 E819 2000 Bomag Construction Roller $35.00 Even Hour $280.00 $1,400.00 E820 2011 HAMM Asphalt Roller $80.00 Even Hour $640.00 $3,200.00 E821 1997 Pro Patch Box $6.50 Even Hour $52.00 $260.00 E850 2006 Bomag Asphalt Roller $20.00 Even Hour $160.00 $800.00 E851 2006 Bomag Plate Compactor $15.00 Even Hour $120.00 $600.00 E947 1974 Entyre Tanker $15.00 Even Hour $120.00 $600.00 E948 1978 Entyre Tanker $15.00 Even Hour $120.00 $600.00 City of Shelton Equipment List Resolution:#1049-0613 6/24/2013 Unit of Operator(s)per hr Equip# Description Unit Cost Measure daily$ weekly$ (actual cost) Vehicle Price for Work Orders Boom Truck $43.00 Even Hour $344.00 $1,720.00 plus 1 Operator(actual) Bucket Truck $43.00 Even Hour $344.00 $1,720.00 plus 1 Operator(actual) Camera Truck $53.00 Even Hour $424.00 $2,120.00 CSI Water Truck $40.00 Even Hour $320.00 $1,600.00 plus 1 Operator(actual) Dump Truck-6 Yard $28.00 Even Hour $224.00 $1,120.00 plus 1 Operator(actual) Dump Truck-12 Yard $60.00 Even Hour $480.00 $2,400.00 plus 1 Operator(actual) Flat Bed Truck $17.00 Even Hour $136.00 $680.00 Garbage/Recycle Truck $85.00 Even Hour $680.00 $3,400.00 plus 1 Operator(actual) Patch Truck $33.00 Even Hour $264.00 $1,320.00 Roll Off Truck $65.00 Even Hour $520.00 $2,600.00 plus 1 Operator(actual) Service Truck $35.00 Even Hour $280.00 $1,400.00 Sludge Truck $53.00 Even Hour $424.00 $2,120.00 Standard Truck $15.00 Even Hour $120.00 $600.00 Standard Van $15.00 Even Hour $120.00 $600.00 Utility Truck $20.00 Even Hour $160.00 $800.00 Vacuum Truck $105.00 Even Hour $840.00 $4,200.00 plus 2 Operators(actual) Water Truck $53.00 Even Hour $424.00 $2,120.00 Equipment Price for Work Orders Air Compressor $15.00 Even Hour $120.00 $600.00 Backhoe $36.00 Even Hour $288.00 $1,440.00 Backhoe w/hoepack or breaker $40.00 Even Hour $320.00 $1,600.00 Boring Mole $32.00 Even Hour $256.00 $1,280.00 Box Paver(Layton) $30.00 Even Hour $240.00 $1,200.00 plus 2 Operators(actual) Chain,Chop,Extension Saw $10.00 Even Hour $80.00 $400.00 Chipper $30.00 Even Hour $240.00 $1,200.00 Concrete Saw $10.00 Even Hour $80.00 $400.00 Hourly Unit of Operator Equip# Description Unit Cost Measure daily$ weekly$ per hr Crack Sealer $20.00 Even Hour $160.00 $800.00 Fork Lift $15.00 Even Hour $120.00 $600.00 Grader $58.00 Even Hour $464.00 $2,320.00 Hand Push Mower $7.50 Even Hour $60.00 $300.00 Loader $46.00 Even Hour $368.00 $1,840.00 Mid Mount Broom $30.00 Even Hour $240.00 $1,200.00 Pipe Pusher $32.00 Even Hour $256.00 $1,280.00 Riding Mower(Parks) $20.00 Even Hour $160.00 $800.00 Roller $19.00 Even Hour $152.00 $760.00 Scissor Lift $5.00 Even Hour $40.00 $200.00 Shoring $10.00 Even Hour $80.00 $400.00 Small Tractor(Parks) $28.00 Even Hour $224.00 $1,120.00 Sweeper $40.00 Even Hour $320.00 $1,600.00 Tack Oil Sprayer $20.00 Even Hour $160.00 $800.00 Tow Master Trailer $10.00 Even Hour $80.00 $400.00 Tractor Mower $40.00 Even Hour $320.00 $1,600.00 Weed Eater $8.00 Even Hour $64.00 $320.00