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Home My WebLink About3947 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 3947 KITSAP CO PUBLIC WORKS Reimburse Work/Purchase Materials/Rent Equipment PW Ops LEG 12-1 09/14/1998 03/01/2009 02/15/2011 01/01/2011 Termination w/30 days written notice New Agreement - 4/09 KC 70-04 INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND CITY OF BREMERTON FOR REIMBURSMENT OF WORK PERFORMED, PURCHASE OF MATERIALS AND/OR RENT OF EQUIPMENT This Interlocal Agreement is made and entered into pursuant to the provisions of Chapter 39.34 RCW by and between the County of Kitsap (hereinafter County) and the City of Bremerton (hereinafter City). I. RECITALS WHEREAS, County and City have Public Works Departments which employ persons who specialize in certain types of Public Works projects, and also own certain types of specialized equipment; and WHEREAS, County and City may from time to time find it advantageous or desirable to have certain work performed by the other's Public Works Department or its contractor, to purchase materials from and/or to obtain the use of equipment from the other's Public Works Department for specific projects; and WHEREAS, County and City will benefit from cooperation in Public Works projects in this manner; and WHEREAS, Chapter 39.34 RCW provides that local jurisdictions may enter into cooperative agreements for their mutual benefit; and WHEREAS, Chapter 39.33.010 RCW provides that local jurisdictions may enter into cooperative agreements to sell, transfer, exchange, lease or otherwise dispose of any property, reap or personal, or property rights, including but not limited to the title to real property, to the state or any municipality or any political subdivision thereof, or the federal government, on such terms and conditions as may be mutually agreed upon by the proper authorities of the state and/or the subdivisions concerned; NOW THEREFORE, County and City, 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 County and City in public works projects by allowing either entity to request that certain work be performed by the other entity's Public Works Department or its contractors, that either entity be allowed to purchase materials from the other entity, and/or that either entity be allowed to rent certain pieces of equipment owned by the other entity. 2. Administration of Agreement. This agreement will be administered by the Kitsap County Department of Public Works and the City of Bremerton Public Works Department. 3. Duration of Agreement. This agreement shall take effect upon execution of the agreement by both County and City and shall remain in effect for five (5) years from date of execution by County, unless otherwise terminated pursuant to Section 4 of this agreement. 4. Termination of Agreement. Either County or City may terminate this agreement by giving thirty (30) days written notice to the other party. 5. Request by City or County. Whenever City or County desires to obtain work, materials or to rent equipment by and/or from the other entity's public works department pursuant to this agreement, the requesting entity shall make a request for said work, materials or equipment in writing upon the approved form, a copy of which is attached to this agreement as Exhibit "A." 6. Approval of Request. Upon receipt of a written request as provided for in Section 5 of this agreement, the Director of Public Works for the entity receiving the request shall determine whether the request can be accommodated and shall inform the requesting entity of this determination as soon as possible. 7. Fulfillment of Request. If the request is approved by the Director of Public Works for the entity receiving the request, as set forth in this agreement, the Entity receiving the request will perform the work requested, provide the materials requested or provide the equipment requested. 8. Employees. City employees assigned to County public works projects pursuant to this agreement remain employees of the City at all times and shall perform the work requested under sole supervision of the City. City employees shall use only City approved equipment and materials in performance of public works projects pursuant to this agreement. County employees assigned to City public works projects pursuant to this agreement, remain employees of the County at all times and shall perform the work requested under sole supervision of the County. County employees shall use only County approved equipment and materials in performance of public works projects pursuant to this agreement. 9. Equipment. Equipment to be provided pursuant to this agreement shall be inspected by County and City prior to use of equipment by requesting entity. The requesting entity shall bear responsibility for insuring that its operators are properly trained in the use of said equipment. If the entity receiving the request sends both equipment and the personnel to operate the equipment, then the entity receiving the request shall bear responsibility for insuring that its operators are properly trained in the use of said equipment. City shall compensate County for any and all losses and/or damages occurring while County equipment is in the possession of the City, unless such losses and/or damages are caused by a latent defect in the equipment provided, or are otherwise caused by the negligence of the County. 2 County shall compensate City for any and all losses and/or damages occurring while City equipment is in the possession of the County, unless such losses and/or damages are caused by a latent defect in the equipment provided, or are otherwise caused by the negligence of the City. 10. Financial Responsibility. The requesting entity shall be solely responsible for all costs of its projects, and administration of all grant funds, if any, related to its project. 11. Reimbursement, City shall reimburse County 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. City shall reimburse County for use of equipment at the rate determined by the County's Director of Public Works or his designee. County shall submit a statement to City after performance or delivery and within thirty (30) days City shall remit thereon. County 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. County shall reimburse City for use of equipment at the rate determined by the City's Director of Public Works or his designee. City shall submit a statement to County after performance or delivery and within thirty (30) days County shall remit thereon. 12. Hold Harmless. City shall defend, indemnify and hold harmless at City's sole expense, County, 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 City's negligent performance of this agreement, except that City shall not be liable for injury or damages caused by the negligence or willful misconduct of County, its elected or appointed officials, officers, employees or agents. County shall defend, indemnify and hold harmless at County'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 County's negligent performance of this agreement, except that County 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. 13. Insurance. Either party may require, as a condition of performance of Public Works and/or provision of equipment that requesting party obtain public liability insurance, naming entity receiving the request as certificate holder. If required, requesting party may withdraw its request. 14. Compliance with State Law. Each entity shall be solely responsible to ensure that it has followed all applicable State laws and its local ordinances when taking action pursuant to this agreement. INTERLOCAL AGREEMENT KC 70-04 DATEDthis ~ ~ dayof A/~4I'~ ,2004. CITY OF BREMERTON BOARD OF COMMISSIONERS __~~ KITSAP COUNTY, WASHINGTON Cary Bozeman, Mayor PATTY LEN~31~air APPROVED AS TO FORM: · CHRIS ENDRESEN, Commissioner Ro~er A. Lubovich, Cit~/..A-t~,,,ey~ ~ JAN~ACGEL, Com-missior~ ATTEST: 0pal R01:~son Clerk of the Board EXHIBIT "A" REQUEST AND AGREEMENT FOR REIMBURSABLE WORK The undersigned hereby requests that the following described work and/or services be performed by: [] Kitsap County Public Works [] City of Bremerton Description of Work or Services Requested: Estimate Attached: Yes [] No [] Projected Completion Date: Total Estimated Cost: $. The undersigned certifies that sufficient budgeted funds are available to cover the cost of the requested work or services, and that payment will be made according to Section 11. (Reimbursement) of Interlocal Agreement KC 70-04. Requesting Agency: Address: Phone: Fax: Requested by: Date: Signature Title Recommend Approval: Date: Signature Title Approved by: Board of Commissioners City of Bremerton Kitsap County, Washington Mayor Chair of the Board Date: Attest: Clerk of the Board 5 +Browse: Next Previous First Last Update Delete Restart X - Exit + +Retrieve the Next record + +Found: 6 Record(s) MAINTAIN Contract Transactions + + Contract Number 3947 + + + +Vendor Name KITSAP CO PUBLIC WORKS + +Subject REIMBLrRS3d~LE WORK/RENT OF EQUIPMENT + +Department PW - OPS + +Status Code GOV + + Amount + + Begin Date 09/14/1998 + + Insurance End Date 09/13/2003 + + Type Amount Review Date 08/01/2003 + + + + + + + + Insurance Total $0.00 + + Insurance Review Date + + + + Comments TERMINATION W/10 DAYS WRITTEN NOTICE + + RENEWAL BY MUTUAL AGREEMENT AFTER YR 5 + + + KC 70-04 INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND CITY OF BREMERTON FOR REIMBURSMENT OF WORK PERFORMED, PURCHASE OF MATERIALS AND/OR RENT OF EQUIPMENT This Interlocal Agreement is made and entered into pursuant to the provisions of Chapter 39.34 RCW by and between the County of Kitsap (hereinafter County) and the City of Bremerton (hereinafter City). I. RECITALS WHEREAS, County and City have Public Works Departments which employ persons who specialize in certain types of Public Works projects, and also own certain types of specialized equipment; and WHEREAS, County and City may from time to time find it advantageous or desirable to have certain work performed by the other's Public Works Department or its contractor, to purchase materials from and/or to obtain the use of equipment from the other's Public Works Department for specific projects; and WHEREAS, County and City will benefit from cooperation in Public Works projects in this manner; and WHEREAS, Chapter 39.34 RCW provides that local jurisdictions may enter into cooperative agreements for their mutual benefit; and WHEREAS, Chapter 39.33.010 RCW provides that local jurisdictions may enter into cooperative agreements to sell, transfer, exchange, lease or otherwise dispose of any property, real or personal, or property rights, including but not limited to the title to real property, to the state or any municipality or any political subdivision thereof, or the federal government, on such terms and conditions as may be mutually agreed upon by the proper authorities of the state and/or the subdivisions concerned; NOW THEREFORE, County and City, 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 County and City in public works projects by allowing either entity to request that certain work be performed by the other entity's Public Works Department or its contractors, that either entity be allowed to purchase materials from the other entity, and/or that either entity be allowed to rent certain pieces of equipment owned by the other entity. 1 County shall compensate City for any and all losses and/or damages occurring while City equipment is in the possession of the County, unless such losses and/or damages are caused by a latent defect in the equipment provided, or are otherwise caused by the negligence of the City. 10. Financial Responsibility. The requesting entity shall be solely responsible for all costs of its projects, and administration of all grant funds, if any, related to its project. 11. Reimbursement. City shall reimburse County 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. City shall reimburse County for use of equipment at the rate determined by the County's Director of Public Works or his designee. County shall submit a statement to City after performance or delivery and within thirty (30) days City shall remit thereon. County 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. County shall reimbwse City for use of equipment at the rate determined by the City's Director of Public Works or his designee. City shall submit a statement to County after performance or delivery and within thirty (30) days County shall remit thereon. 12. Hold Harmless. City shall defend, indemnify and hold harmless at City's sole expense, County, 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 City's negligent performance of this agreement, except that City shall not be liable for injury or damages caused by the negligence or willful misconduct of County, its elected or appointed officials, officers, employees or agents. County shall defend, indemnify and hold harmless at County'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 County's negligent performance of this agreement, except that County 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. 13. Insurance. Either party may require, as a condition of performance of Public Works and/or provision of equipment that requesting party obtain public liability insurance, naming entity receiving the request as certificate holder. If required, requesting party may withdraw its request. 14. Compliance with State Law. Each entity shall be solely responsible to ensure that it has followed all applicable State laws and its local ordinances when taking action pursuant to this agreement. 3 EXHIBIT "A" REQUEST AND AGREEMENT FOR REIMBURSABLE WORK The undersigned hereby requests that the following described work and/or services be performed by: D Kitsap County Public Works D City of Bremerton Description of Work or Services Requested: Estimate Attached: Yes D No D Projected Completion Date: Total Estimated Cost: $ The undersigned certifies that sufficient budgeted funds are available to cover the cost of the requested work or services, and that payment will be made according to Section 11. (Reimbursement) of Interlocal Agreement KC 70-04. Requesting Agency: Address: Phone: Fax: Requested by: Date: Signature Title Recommend Approval: Signature Date: Title Approved by: City of Bremerton Board of Commissioners Kitsap County, Washington Mayor Chair of the Board Date: Attest: Clerk of the Board 5