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Home My WebLink About5592 . l'�it�,� ,�� AGENDA BILL 5 � CITY OF BREMERTON CITY COUNCIL SUBJECT: Interlocal Agreement with Study Session Date: June 29, 2016 Mason County for Fublic Works Services COUNCIL MEETING Date: July 6, 2016 Department: PW&U Presenter: Chal Martin Phone: (360)473-5758 SUMMARY: This Interlocal Agreement provides a mechanism for the City and Mason County to provide public works services support to each other, as resources and staff time may be available. These interlocal agreements are a govemment business best practice and also useful in regional emergencies, such as an earthquake. _ � ATTACHIVIENTS: 1) Interlocal Agreement FISCAL IMPACTS (Include Budgeted Amount): None. All services provided by the City to Mason County will be reimbursed by Mason County, and vice-verse. For the City, it is envisioned that any services requested of Mason County will be within the City's already-budgeted resources, or monetary resources made available due to a federal disaster declaration. STUDY SESSION AGENDA: � No Presentation ❑ Full Presentation STUDY SESSION ACTION: � Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve an lnterlocal Agreement with Mason County; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: [✓] Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 � � �. INTERLOCAL AGREEMENT BETWEEN MASON COUNTY AND THE CITY OF BREMERTON RELATED TO PUBLIC WORKS PROFESSIONAL, TECHNICAL, FIELD AND EQUIPMENT SERVYCES THIS INTERLOCAL AGREEMENT is made and entered into pursuant to t_hI� Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the �'� day of �J , 2016, by and between Mason County (County), a political subdivisio of the State of Washington, and the City of Bremerton (City), a municipal corporation of the State of Washington, (the Parties). WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative efforts between public agencies, and WHEREAS, from time to time the need arises for Mason County and the City of Bremerton to cooperate in providing efficient public works services to their respective residents, or during regional emergencies, and both jurisdictions wish to cooperate when requested and when resources are available, and WHEREAS, each entity brings a wide variety of unique expertise in mutually complementary public works services which may benefit the other entity from time to time, depending on availability of these resources, and WHEREAS, the City of Bremerton and Mason County wish to work cooperatively to provide public works services, NOW, THEREFORE, in cansideration of their mutual covenants, conditions and promises, THE PARTIES AGREE as follows: 1. PURPOSE OF AGREEMENT: The purpose of this agreement is for Mason County and the City of Bremerton to work cooperatively to provide public works services as necessary or required, subject to the availability of staff and resources. 2. ADMINISTRATION OF AGREEMENT: The Mason County Department of Public Works will administer this agreement for Mason County. The Bremerton Public Works Department will administer this agreement for the City of Bremerton. 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, 2026. 4. TERMINATION OF AGREEMENT: Either the County or the City may terminate this agreement by giving ten days written notice to the other party. Page 1 Interlocal Agreement Between Mason County and the City of Bremerton for Public�'Vorks Services . �. COCJNTY EMPLOYEES: County employees pursuant to this agreement remain � employees of the County at all times and shall perform the work envisioned under sole supervision of the County. 6. CITY EMPLOYEES: City employees pursuant to this agreement remain employees of the City at all times and shall perform the work requested under sole supervision of the City. 8. REIMBURSEMENT: This agreement envisions the party receiving services will reimburse the party providing the service at the standard reimbursement rates established by the � party providing the services. At the mutual agreement of the parties, either party may reimburse the other for specifically defined services which constitute a work program or project. 9. LEGAL/ADMINISTRATIVE ENTITY: No separate legal or administrative entity is created by or pursuant to this agreement. 10. INDEMNIFICATION A. The City shall defend, indemnify and hold harmless the County,its officials, officers, employees and agents, for all claims, liabilities, damages, expenses,reasonable attorney's fees and suits arising from negligence of the City and its agents. B. The County shall defend, indemnify and hold harmless the City, its officials, officers, employees and agents, for all claims, liabilities, damages, expenses, reasonable attorney's fees and suits arising from negligence of the County and its agents. C. In cases of concurrent fault of the City and County, the above provisions requiring each party to defend, indemnify and hold harmless the other party ("indemnification provisions") are valid and enforceable only to the extent of the fault of the respective parties. D. Solely for purposes of the indemnification provisions, each party waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington and acknowledges that this waiver was mutually negotiated by the parties. E. The indemnification provisions shall survive the expiration or tennination of this agreement. 11. 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. 12. ASSIGNMENT: The Parties shall not assign this Agreement or any interest,obligation or duty herein without the express written consent of the other party. . Page 2 Interlocal Agreement Betwecn Mason County and lhe City of Bremerton for Public Works Services 13. ATTORNEYS' FEES: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its ow�n costs and attorney's fees. 14. NOTICES: All notices and payments hereunder may be delivered or mailed. If mailed, they shall be sent to the following respective addresses: To Mason Countv: To Bremerton: Dept. of Public Works City of Bremerton 100 W Public Works Drive 345 6th Street, Suite 600 Shelton, WA 98584 Bremerton, WA 98337 Attn: Public Works Director Attn: City Clerk Phone: (360) 427-9670 Phone: (360)473-5290 or to such other respective addresses as either Party may hereafter designate in writing. 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, if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. 15. INSUR.ANCE REQUIREMENT: Each party shall obtain and maintain liability coverage in minimum liability limits of One Nlillion Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for general liability, errors and omissions, auto liability, despite when the claim was made. Each party to this Agreement agrees to provide the other with evidence of insurance coverage in the form of a certificate from a solvent insurance provider confirming coverage from a solvent insurance company or pool �vhich is sufficient to address the insurance obligations set forth above. 16. NON-DISCRIMINATION POLICY: The County and the Contract Agency 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. 17. FILING: This document shall be filed with the County Auditor pursuant to RCW 39.34 or, alternatively, listed by subject on the public agency's web site. Page 3 Interlocal Agreement Between Mason County and the City of Bremerton for Public Works Services 18. 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. 19. CHOICE OF LAW AND VENUE: This Agreement shall be interpreted according�to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brouglit in Pierce County Superior Court. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. DATED this �v da of � 20 � , Y , 16 CITY OF BREMERTON BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON , Patty , May Terri Jeffre h ir ��' o( �o� •�� t�.� Date Tim Sheldon, Vice Ch ir� Ran y Neatherlin, Commissioner EST: ATTEST: ;,I � 1 � . �. Shannon Corin, City Clerk Julie Almanzor, Clerk of the Bo oved ` Approve as o orm: %/r+� l.J�,,4.l.,.,��o, C��,,�,I�'/� Page 4 Interlocal Agreement Between Mason County and the City of Brcmerton for Public Works Services Roger A. Lubovich, City Attorney Tim Whitehead, Ch. Deputy Prosecuting Attorney STATE OF WASHINGTON ) ) ss. COUNTY OF �1�� ) ON THIS �p�'� day of , 2016, before me, personally appeared n�c� � and , to me known to be the (3Y and � of 0 /��'hPi✓/t� , being one of the munici al corporations that execute the within and f regoing instrument, and they acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument, and the seat of said municipal corporation is affixed hereon. WITNESS my hand and official seal hereto the day and year in this certificate first above written.. Notary Public � �tate of Washington ;' Shannon L. Corin `- - � Comm�slon Expites Notary Public in and for the State of Washington, ��'»'�19 Residing at �c � My commission expires • l�•- STATE OF WASHINGTON ) ) ss. COLJNTY OF ) ON THIS �i day of ��Y)�/ , 2016, before me, personally appeared 7e(r 1 ,}P�r��S and 7,m Sl,�.i dur� Y .�� °��t l,�to me known to be the CF'�C[ 1� and IU�YY)1'l')�SS��JhS of �Sp►7 C(JUI'1+� , being one of the municipal corporations that executed the within and foregoing instrument, and they acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument, and the seat of said municipal corporation is affiYed hereon. WITNESS my hand and official seal hereto the day and year in this certificate first above written. C � Page 5 Interlocal Agreement Betw•cen Mason County and thc City of Bremerton for Public Works Services �,,��Ittll��r��r�� ♦ I �.•��E P�••ANZ�'•,,, Notary Public in ,for the State of Washington, � V�.•'g10 N f,r.•.. ;��J��5 '°�,�� ; Residing at ' � � _ -�u° �OTARY '"�. = My commission expires ZO Z,vi�- _ ... - "s � pUBI�� ' ' : �2 = c Li,rq�'•:`�+E2o.�;�`�'��: •,��I��F NVASN\��``. .• '''��u��`' Page 6 Interlocal Agreement Between Mason County and the City of Bremerton for Public Works Services