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Home My WebLink About4979Contract Number Vendor Sub�ect Department File Class Begin Date End Date Review Date Vault Date 4979 KITSAP COUNTY Interlocal Agreement for CDBG Services � � LEG 12-1 9/27/2010 12/31/2011 10/1/2011 Comments � } INTERLOCAL AGREEMENT BE'TWEEN KITSAP COUNTY AND THE CITY OF BREMERTON FOR CDBG SERVICES THIS INTERLOCAL AGREEMENT made and entered tnto, pursuant to the Interlocal Cooperation Act, Chapter 39 34 of the Revised Code of Washington, by and between KITSAP COiTNTY, a polrtical subdivision of the State of Washington (heremafter referred to as the "County"), and the CITY OF BREMERTON, a municipal corporation of the State of Washington (hereinafter referred to as "Bremerton"), WITNESSETH WHEREAS, Revised Code of Washington Section 39 34 030 authorizes cooperative purchasing between public agencies, WHEREAS, the City of Bremerton and Kitsap County Block Grant Departments seek to enhance collaborative efforts through streamlining shared processes and consolidating redundant efforts, WHEREAS, the streamlinmg of processes and consolidation of CDBG efforts will create effective administrative cost savings for both�urisdictions, and WHEREAS, The City of Bremerton and Kitsap County Block Grant Departments are seeking to fill vacant entry-level posrtions, and both Departments favor sharing a staff inember to fill the vacancies to begin the efforts to reduce staff budget costs while furthering collaborative efforts NOW THEREFORE tn consideration of their mutual covenants, conditions and promises, THE PARTIES HERETO DO HEREBY AGREE as follows CITY OF BREMERTON RESPONSIBILITIES A Bremerton agrees that it will attempt to fill tts vacant entry-level CDBG position Should Bremerton hire a person to fill the CDBG position, Bremerton will be responsible for the management and oversight of the individual The individual hired will be a full-time employee of Bremerton and will be compensated for their services by Bremerton However, under the direction of Bremerton CDBG Programs Administrator, the CDBG indivtdual wtll provide an average of twenty (20) hours per week of program assistance and support to the Kitsap County Block Grant Department While actual hours per week dedicated to the County may fluctuate, Bremerton agrees that on an annual basis at least 1,040 hours of the individual's ttme shall be available for County Block Grant program assistance [nterlocal Agreement Between Kitsap County and the City of Bremerton - Pa�e l B At all times, the CDBG employee shall remain an employee of Bremerton and shall remain under the supervision and control of Bremerton The supervisory contact shall be the Bremerton CDBG Programs Administrator such other employee as may be designated by Bremerton However, Bremerton agrees to collaborate with the County in its hiring processes Bremerton shall allow the County to participate in any interviews conducted and shall also allow the County to provide input on candidates However, all final hiring decisions shall be Bremerton's C Bremerton agrees to immediately tnform the County if any circumstances change regarding the employment status of the employee hired by Bremerton and providing assistance to the County program 2 COMPENSATION County agrees to pay Bremerton for one half of staffing costs of the CDBG/HOME Programs Spectalist, when this position is filled, as detailed in Exhibit A, Eligible Expenses in an amount not to exceed $52,316 (Fifty Two Thousand, Three Hundred Stxteen and Zero Cents) Bremerton will bill County each month for the pnor month based on hours worked County will make payment to Bremerton within 30 days of billing date 3 DURATION This Agreement shall take affect on September 1, 2010 and shall expire on December 31, 2011 4 PROPERTY AND EQUIPMENT Upon termination or non-renewal of this agreement, all properiy purchased by the County in furtherance of this agreement shall remain the property of the County and all property purchased by Bremerton in furtherance of this agreement shall remain the property of Bremerton All property shall be returned to its owner upon termination or non-renewal of this Agreement 5 LEGAL ENTITY No separate legal or administrative entity is intended to be created pursuant to this agreement 6 TERMINATION Either party of this Agreement may terminate this Agreement by providing thirty (30) calendar days written notice to the other party Interlocal A�reement Between Krtsap County and the City of Bremerton - Page 2 f��l�l[�[� �-[�I� A Bremerton shall mdemnify and hold the County and rts agents, employees, andlor officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against the County arising out of, in connection with, or incident to the execution of this Agreement and/or the Ctty of Bremerton's performance or failure to perform any aspect of this Agreement, provided, however, that if such claims are caused by or result from the concurrent negligence of the County, its agents, employees, and/or officers, this tndemnity provision shall be valid and enforceable only to the eYtent of the negligence of Bremerton , and provtded further, that nothing herein shall require Bremerton to hold harmless or defend the Cour.ty, �ts ager�ts, em�p�oy��s anu;cr off�c�rs from any �la�r�s arising fr�m thz sole negligznce af the County its agents, employees, and/or officers No liability shall attach to the County by reason of entenng into this Agreement except as expressly provided herein B The County shall mdemmfy and hold Bremerton and its agents, employees, and/or officers, harmless from and shall process and defend at its own expense any and all claims, demands, surts, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against Bremerton arising out of, in connection wrth, or incident to the execution of this Agreement and/or the County's performance or failure to perform any aspect of this Agreement, provided, however, that if such claims are caused by or result from the concurrent negligence of the City of Bremerton, its agents, employees, and/or officers, this tndemnity provision shall be valid and enforceable only to the extent of the negligence of the County, and provided further, that nothing herein shall require the County to hold harmless or defend Bremerton, its agents, employees and/or officers from any claims arising from the sole negligence of the City of Bremerton, rts agents, employees, and/or officers No liabilrty shall attach to Bremerton by reason of entenng into this Agreement except as expressly provided herein 8 TITLE 51 RCW IMMUNITY WAIVER With regard to any claim against the County, its officers, officials, employees and agents by any employee of Bremerton, its agents, employees, officers, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, Bremerton's indemmfication obligation under Section 7 A will not be limited in any way by any limitation on the amount or rype of damages, compensation or benefits payable by or for Bremerton under workers' compensation acts, disability benefit acts, or other employee benefit acts It is clearly agreed and understood by the parties to this Agreement that Bremerton expressly waives any immunrty Bremerton might have had under industrial tnsurance laws By executing the Contract, Bremerton acknowledges that this waiver has been mutually negotiated by the parties and that the provistons of this Section will be incorporated, as relevant, into any contract Bremerton makes with any subcontractor or agent performing work under this Agreement [nterlocal Agreement Between Kitsap County and the Ctty of Bremerton - Page 3 9 COMPLIANCE WITH REGULATIONS AND LAWS The parties shall comply with all applicable rules and regulations pertaining to them in connection with the matters covered herein 10 ASSIGNMENT The parties shall not assign this Agreement or any mterest, obligation or duty therem without the express written consent of the other party 11 ATTORNEYS' FEES In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees 12 NOTICES All notices and payments hereunder may be delivered or mailed if mailed, they shall be sent to the following respective addresses To the Countv Krtsap County 614 Diviston Street, MS-4 Port Orchard, WA 98366 Attn County Admimstator Phone (360) 337-4403 To Bremerton City of Bremerton 345 6th Street, Suite 600 Bremerton, WA 98337 Attn City Clerk Phone (360) 473-5290 or to such other respective addresses as either party hereto may hereafter from time to time designate in writmg All notices and payments mailed by regular post (including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed Notices and payments sent by certified or registered mail shall be deemed to have been given on the day next following the date of mailing, tf properly mailed and addressed For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evtdence of the date of mailing 13 FILING This document shall be filed with the County Auditor pursuant to RCW 39 34 14 ENTIRE AGREEMENT_ This Agreement and rts Exhibrts 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 [nterlocal A�reement Between K�tsap County and the City of Bremerton - Page 4 l� CF-IOICE OF LA`V AND VENUE This Agreement shall be interpreted accord►ng to the laws ot the State of Washington Any �udicial action to resol�e disputes arisin� out of this Agreement shall be brou�ht in Kitsap County Supertor Court 16 MODIFICATION The terms of this A�reement sha(1 not be amended, altered, or moditied unless agreed to tn �vnhng by the County and Bremerton and such writing shall be e�cecuted with the same formalrties as are required for the e�cecution of this document 17 WAIVER The failure of either party to �nsist upon strict performance of any of the terms and condrtions of this Agreement shall not be construed to be a waiver or reltnquishment of same, but the same shall be and remain in futl force and etfect 18 SEVERABILITY If any provision of this Agreement is held invalid by a court of competent �unsdiction, such invalidity shall not affect the remaining provisions of this Agreement, provided that the remaining provtsions can be given effect wrthout the invalid proviston and conform to applicable law and the tundamental purposes ot this Agreement To this end and to this e�ctent, the provisions of this Agreement are declared to be severable N WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written /� 1 DATED this — day of GL�I � , 2010 City Atto CITY OF BREMERTON � � Trtle�--�j� ? STATE OF WASHINGTON ) ) ss COUNTY OF ON THIS � , day of � U , 2010, before me, personally appeared . j2 to me � known to be the � �� of Q betng one of the municipal orporattons that e�cecuted the wtthin and foreg ing instrument, and they ackno�vledged said instrument to be the free and voluntary act and deed of satd corporatton, for the uses and purposes therein mentioned, and on oath stated that they were authorized to e�cecute said instrument, and the seat ot said municipal corporatton ts affired hereon [nterlocal A�reement Bet�veen Kitsap County and the City of Bremerton - Pa�e � tiVITNESS rriy°hand and official sea( hereto the day and year in this certiticate first above written NOTARY PUBUC STATE OF WASHINGTON CAROL L ETGEN COMMtSS10N D(PIRES 12/18/2012 �. Notary Public in a for Residing at My commissi n eYp es t �ashin�ton, DATED this Z��' day of �e,p��m� , 2010 � C, O M l�j� o �,� E o �s, o �' 2' O �C � ATTEST { �'L�� 7 /� yti�� '� -' � 1'. �� ,, �� I 1 . I� \ _ �� ,�� \ �-��=, % � , Opal Robertson, Clerk of the Board KITSAP COU�ITY BOARD OF COVIMISS[ONERS . � �� Jo Brown, Chair C� � � Ste�e Bauer, Commissioner Charlotte Garrido, ommtssioner [nterlocal A�reement Be[ween Kitsap Countv and thz City of Bremerton - Page 6 � ,. EXHIBIT A INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND THE CITY OF BREMERTON FOR CDBG SERVICES ATTACHMENT A Eligibie Expenses CDBG/HOME Programs Specialist Staffing Costs Staff�nq Costs, CDBG/HOME Proqrams Specialist -100% 2010 (Sept-Dec) 2011 est (Jan-Dec) Total Salary $17,963 $56,243 $74,206 Benefits $2 362 $8,346 �10,708 Worker's Comp Medical Subtotal - P�B $42 $125 $167 $2,413 $7,472 $9,885 $22,779 $72,186 $94,966 Training & Travel Costs $1,667 $5,000 $6,667 Salary & Benefits Contingency $0 $3,000 $3 000 Subtotal - M�sc $1,667 $8,000 $9,667 Total $24,446 $80,186 $104,632 Source of fundinq for CDBG/HOME Proqrams Specialist 2010 2011 Totai Kitsap County Block Grant Division $12,223 $40,093 $52,316 City of Bremerton Block Grant $12,223 $40,093 $52,316 $24,446 $80,186 $104,632