The URL can be used to link to this page

Home My WebLink About4672 C:QTlt:r90~t, Nu.W:Pe:r: Venqo.:J;;: Subject: Department: file c:la~~: Begin Date: End Date: Review Date: VaqJ,t Dg,t~: Comments: 4,672 Kr1'Shr 1'MN$I'!: Reimbursement Work & Rent of City Equipment PW Ops LEG 12-<1 11/02/2007 11/01/2012 09/01/2012 Renewal after 5th year by mutual agreement Termination w/10 day written notice INTERLOCAL AGREEMENT BETWEEN KITSAP TRANSIT AND CITY OF BREMERTON REIMBURSEMENT WORK PERFORMED BY CITY OF BREMERTON PUBLIC WORK~ AND/OR FOR RENT OF CITY EQUIPMENT This Interlocal Agreement is made and entered into pursuant to the provisions of Chapter 39.34 RCW by and between Kitsap Transit (Transit) and the City of Bremerton (City). I. RECITALS 1. WHEREAS, City has a Public Works Department which employs persons who specialize in certain types of Public Works projects, and also owns certain types of specialized equipment; 2. WHEREAS, Transit may from time to time find it advantageous or desirable to have certain work performed by the City of Bremerton Public Works Department or its contractor, and/or to obtain the use of equipment from City of Bremerton Public Works Department for specific projects; 3. WHEREAS, City, as well as Transit, will benefit from cooperation in Public Works proj ects in this manner; 4. WHEREAS, Chapter 39.34 RCW provides that local jurisdictions may enter into cooperative agreements for their mutual benefit; Now, therefore, City and Transit, through their respective legislative bodies, do hereby agree as follows: 1. PURPOSE OF AGREEMENT: The purpose of this agreement is to provide for cooperation between City and Transit in Public Works projects by allowing Transit to request either that certain work be performed by City of Bremerton Public Works Department or its contractors, or that Transit be allowed to rent or lease certain pieces of equipment owned by City. 2. ADMINISTRATION OF AGREEMENT: This agreement will be administered by City of Bremerton Public Works Departments. 3. DURATION OF AGREEMENT: This agreement shall take effect upon execution of the agreement by both City and Transit and shall remain in effect for five (5) years from date of execution by City, provided however, that this agreement may be renewed after the fifth year by mutual agreement of City and Transit. 4. TERMINATION OF AGREEMENT: Either City or Transit may terminate this agreement by giving ten (10) days written notice to the other party. 5. ACQUISITION OF PROPERTY: Any property acquired by City pursuant to this agreement shall remain property of City, and any property acquired by Transit pursuant to this agreement shall remain property of Transit. 6. REQUEST BY ENTITY: Whenever Transit desires to obtain work or to rent equipment by and/or from City of Bremerton Public Works Department pursuant to this agreement, Transit shall make a request to City for said work or equipment in writing. 7. REVIEW OF REQUEST: The request will be reviewed by City of Bremerton Public Works Department for City work crews to perform the work requested and/or the requested equipment. The Director of Public Works, or his designee, shall have final decision as to a recommendation of either the work crew or the equipment. City shall provide Transit with an estimate of time and materials (plus incidentals) prior to the work being performed. 8. FULFILLMENT OF REQUEST: If the request is approved by the Director of Public Works or his designee, as set forth in this agreement, City will perform the work requested or provide the equipment requested. 9. CITY EMPLOYEES: City employees assigned to Public Works projects pursuant to this agreement, remain employees of City at all times and shall perform the work requested under sole supervision of City. City employees shall use only approved equipment and materials in performance of Public Works projects pursuant to this agreement. 10. EQUIPMENT: Equipment to be provided pursuant to this agreement shall be inspected by City and Transit prior to use of equipment by Transit. Transit shall bear responsibility for insuring that Transit operators of said equipment are properly trained in the use of said equipment. Transit shall compensate City for any and all losses and/or damages occurring while equipment is in possession of Transit. 11. FINANCIAL RESPONSIBILITY: Transit shall be solely responsible for all costs of Transit's projects, and administration of all grant funds, if any, related to Transit's project. 12. REIMBURSEMENT: Transit shall reimburse City for all costs of direct and indirect labor (including fringe benefits), administration, equipment rental, engineering, materials and supplies for the Public Works performed pursuant to this agreement. Transit shall reimburse City for use of equipment at the rate determined by the Director of Public Works or his designee and deemed satisfactory to Transit. City shall submit a statement to Transit after performance or delivery and within thirty (30) days, Transit shall remit thereon. . . 13. HOLD HARMLESS: Transit shall defend, indemnify and hold harmless at Transit's sole expense, City, its elected and appointed officials, officers, employees and agents, from and against any and all claims, actions, demands, losses, damages, liabilities and costs, including, but not limited to, attorney's fees and litigation costs, arising out of the performance of this agreement, except that Transit shall not be liable for injury or damages caused by the negligence or willful misconduct of City, its elected or appointed officials, officers, employees or agents. 14. INSURANCE: City may require, as a condition of performance of Public Works and/or provision of equipment, and Transit shall obtain public liability insurance, naming City as an additional insured. If City so requires, it shall notify Transit and give Transit the option to withdraw its request. DATEDthis dh-ut. daYOf~~~ ,2007. C?;7:~ Cary Bozeman, Mayor KITSAP TRANSIT APPROVED AS TO FORM: ATTEST: R:\Legal\Legal\Contracts\PUBLIC WORKS\Interlocal-Kitsap Transit for work & equip.doc