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Transmit
4003
KITSAP TRANSIT
REIMBURSEMENT
PW - OPS
GOV
- WORK/RENT OF CITY EQUIPMENT
Insurance
Type Amount
Amount
Begin Date
End Date
Review Date
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04/16/1999 ..
04/30/2009
02/01/2009
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-.-
Insurance Total
Insurance Review Date
$0.00
Comments
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INTERLOCAL AGREEMENT BETWEEN KITSAP TRANSIT AND CITY OF BREMERTON
REIMBURSEMENT WORK PERFORMED BY CITY OF BREMERTON PUBLIC WORKS
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
projects 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 Department.
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
fitch 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 Bremertun Public Works Department pursuant to this agreement,
Transit shall make a request for said work or equipment in writing upon a form supplied
by the City, a copy of which is attached to this agreement as Exhibit "A".
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 aider 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, that Transit 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.
DATED this /~,,/; day of ~,~C,~; ,1999.
CITY OF BREMERTON KITSAP TRANSIT
Lynn S. Horton, Mayor Richard M Hayes, ExecUtive Director
APPROVED AS TO FORM:
Glenna Malanca, City Attorney
ATTEST:
Kathl~en M~ uskey, City Clerk