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HomeMy WebLinkAbout3076ORDINANCE NO. 3076 AN ORDINANCE of the City of Port Angeles, Washington authorizing the execution of an agreement with Clallam County for the performance of work on City streets and repealing Ordinance No. 2922. WHEREAS, RCW 35.77.020 provides that the City may enter into an agreement with the County authorizing the County to perform work on City streets and that such agreement shall be approved by ordinance of the City Council and by resolution of the Board of County Commissioners; and WHEREAS, the City and County previously entered into an agreement providing for said services on July 2, 1996, as authorized by Ordinance 2922; and WHEREAS, the July 2, 1996 agreement is outdated and both the City and County wish to update the agreement, providing for such services until December 31, 2005; and WHEREAS, it is in the interests of both the City and the County as well as the citizens thereof that the County be authorized to perform work on City streets on a reimbursable basis; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. Ordinance 2922, adopted by the City Council of the City of Port Angeles, on July 2, 1996, and published on July 7, 1996, is hereby repealed. Section 2. The Mayor of the City of Port Angeles is hereby authorized to execute the agreement for performance of work on City streets by Clallam County on a reimbursable basis as set forth in the agreement which is attached hereto as Exhibit A. Section 3. The Director of the Department of Public Works or his designee is authorized to request the performance of work pursuant to the agreement with Clallam County through December 31, 2005. 1 Section 4. This Ordinance shall take effect five days after publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 20th day of February, 2001. ATTEST: Becky Upto'1 Ci lerk WOO APPROVED AS TO FORM: raig D. Kitson, City Attorney PUBLISHED: FEBRUARY 25, 2001 By Summary :\ ORDINANCES &RESOLUTIONS\2000- 26.ord.wpd %ebruary 13, 2001 2 Exhibit "A" AGREEMENT Lth This agreement, made and entered into this 21 day of rehil y - , 200 t , by and between Clallam County, Washington, a political subdivision of the State of Washington and City of Port Angeles, P.O. Box 1150, Port Angeles, WA 98362, and shall remain in force until December 31, 2005. In consideration of the mutual covenants and promises contained herein, it is hereby agreed by the parties to this agreement as follows: 1. Upon written request from the City of Port Angeles made upon a form supplied by Clallam County, Clallam County agrees to perform work requested by the City of Port Angeles, reserving however, the right to deny or approve each application of the City of Port Angeles on an individual basis. 2. Clallam County shall not be responsible for assuring that the bid laws, and bid law limitations, and other Federal, State and local regulations of the performance of road or public work by the City of Port Angeles are complied with before the County does the requested work. The County assumes that the request as made is lawful and assumes no liability should there be irregularities or illegalities in the request made by the City of Port Angeles for work. 3. The City of Port Angeles hereby agrees to reimburse the County for the costs of the work performed by the County, based on the actual cost of labor, equipment rental, engineering, materials used in the construction or maintenance work involved, plus all costs for fringe benefits to labor, including but not limited to, social security, retirement, industrial and medical aide costs, prorated sick leave, holidays and vacation time, and group medical insurance. The County shall submit to the City of Port Angeles a certified statement of the costs incurred in performance of the project, and within thirty (30) days thereafter the City of Port Angeles shall pay to the County the amount of the statement. 4. It is understood and agreed between the parties that this contract cannot be assigned, transferred or any portions subcontracted hereunder by the County without the prior written permission of the City of Port Angeles. It is further understood and agreed between the parties that the City of Port Angeles may not assign or subcontract any of its rights under this agreement. 5. The parties hereby agree to save, indemnify, and hold each other harmless against any and all liability, loss, expense, claims, suits, costs, damages of any nature, or causes of action whatsoever, including the cost of defense and attorneys fees, for personal injury or death or property damage, made against either party, its appointed - 1 - and elected officers, agents, and employees, asserted or arising directly or indirectly out of or in connection with the work which is the subject of this agreement in proportion to the extent of their fault. The parties further agree with respect to the performance of this agreement and as to claims against themselves, their appointed and elected officers, agents and employees to expressly waive their immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, as now or hereafter amended, for injuries to their employees and agree that the obligations to indemnify, defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any of their employees. This waiver is mutually negotiated by the parties to this Agreement. 6. If the other party to work under contract WAC 136 -32. CITY OF PORT ANGELES this agreement is a city, the County, in its performance of the shall abide by the provisions of RCW 35.77.020, .030, .040 and 44 Ai Larry '► V le, Mayo " Date: � ..- � 7 _ ? / ATTEST: Becky J. U Clerk Approved as to form: Craig D. utson, City Attorney F:\AGREEMENTS &CONTRACTS \liabagrmt. doc February 13, 2001 2 BOARD OF CLALLAM COUNTY CO SSIONERS oward V. Doherty, Chair St Tharinger Mike Chapman ATTEST: Trish Perrott, Clerk of the Board Approved as to form: Deputy Prosecuting Attorney Summaries of Ordinances Adopted by the Port Angeles City Council on February 20, 2001 Ordinance No. 3074 This Ordinance of the City of Port Angeles rezones approximately 9.17+ acres located at the southeast corner of Lindberg Road and Golf Course Road from RS- 9, Residential Single Family, to RHD, Residential High Density, and amends Ordinance 2801, as amended. The property is legally described as the west 4.5 acres of the northeast quarter of the southwest quarter of the northwest quarter and the north half of the northwest quarter of said southwest quarter of the northwest quarter of Section 13, Township 30 north, Range 6 west, W.M., Clallam County, Washington; EXCEPTING therefrom the north 20 feet and the west 30 feet; ALSO EXCEPT that portion conveyed to the City of Port Angeles by instrument recorded November 17, 1997, under Auditor's File No. 1997 1000500. Ordinance No. 3075 This Ordinance of the City of Port Angeles revises the City's solid waste collection and disposal regulations and rates relating to recycling and yard waste and amends Ordinance 2317 as amended, Ordinance 2630, and Chapters 13.54 and 13.56 of the Port Angeles Municipal Code. Ordinance No. 3076 This Ordinance of the City of Port Angeles authorizes the execution of an agreement with Clallam County for the performance of work on City streets and repeals Ordinance No. 2922. The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. Becky J. Upton City Clerk Publish: February 25, 2001