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Home My WebLink About5.660 Original Contract riLED FOR RECCRv t.1 filL r:l,:QUE:l'[ ~1~__~f2!1.,_C~.~~.. "t..":C':;I..'I'l.1w~....'~.,I~,' "L"~L,~hi U zaDS AUG 24 AH 8: 41 Filed at the Request of: City of Port Angeles City Clerk's Office P. O. Box 1150 Port Angeles, W A 98362 @ 2005 1163466 Clallam County Interlocal Agreement City Clerk File No.: f: ~~O Agreement between the City of Port Angeles and ~~ ~ Dl stfict)_ ~ Di ~\ ..\fu.""l'~--:K.~\:udi l'.-~~~ ,O~ ~tt lct,.~()'\ u'(~J ~~~) MD.~ purpose:~~~' ~~f\i~~P0".kau,;. \GJ<tJv, ~~ ~~(L~Sl.Jt\~ Cv,,~~CM~ "t~~ ~~;$ C~c.t\"(Jv... t ~C-{. ~~~ Dated:C{~JO~ 11(4103 5. u;uO MULTI-AGENCY RECIPROCAL MAINTENANCE AGREEMENT This agreement is made and entered into by and between the parties who have signed hereupon. WHEREAS, all parties hereto are public agencies, and WHEREAS, the parties hereto are charged with the responsibility of constructing and maintaining their facilities and maintaining staff, equipment, and materials to perform the necessary work, and WHEREAS, the parties may from time to time need additional labor, equipment, or materials or have labor, equipment, and materials available in certain locations which could be used by the other parties to this agreement. NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein, or attached and incorporated and made part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: I GENERAL It is the purpose of the agreement to permit the parties to cooperate to make the most efficient use of their resources by furnishing each other labor, equipment, and materials when available on a reimbursable basis for construction and maintenance activities. This will be done with the understanding that the work of the owner of the requested resources takes first priority. II REQUEST FOR SERVICES Each request for service shall be in writing, addressed to each agencies chief executive officer and shall specify the particular service required, the amounts and types of labor, equipment, and material required, the location of the work, the estimated cost of the work and other information pertinent to the request, and which party is to obtain any required permits and comply with all applicable legal requirements. Upon receipt of the request, the party that has been requested to supply the service shall indicate their acceptance or rejection of the request, have it signed by their authorized official and return one copy to the requesting party. In cases of emergency, the request and approval may be done verbally but must be documented in writing as soon thereafter as practical. III PAYMENT The parties to this agreement agree that the party receiving services under this agreement shall reimburse the party providing the services for their actual direct and 06/06/2002 Multi-agency Reciprocal Maintenance Agreement Page 2 related indirect costs including any administrative overhead charges. Partial payments shall be made by the party receiving services upon request of the providing party to cover costs incurred. These payments are not to be more frequent than one (1) per month. It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any item. The maximum amount payable for work performed under this agreement is fifty thousand dollars ($50,000) per calendar year by each party to each individual party to the agreement. The parties to this agreement furthermore agree that at times labor, equipment, and material may be furnished by one party to the other in exchange for labor, equipment, and material furnished by the other, or in recognition of the benefit to the party and/or constituents of said party. Such exchange or benefit shall constitute reimbursement as required in this agreement and shall be documented in writing and agreed to by both parties. IV RECORDS RETENTION AND AUDIT The parties agree to maintain records of all costs incurred under this agreement in accordance with a work order accounting system as prescribed and approved by the State Auditor's Office. These records shall be kept available for inspection and audit by the party requesting the service for five (5) years after payment of the requested service. V CARE AND MAINTENANCE OF EQUIPMENT The parties agree that any time a request is made for the use of equipment, the requesting party shall be responsible for the proper care, maintenance, and security of the equipment until the equipment is returned to the owner. Repair of any damage other than normal wear and tear will be the responsibility of the party in possession of the equipment at the time the equipment is damaged. VI RIGHT OF ENTRY The parties to this agreement hereby grant and convey to each other the right of entry upon all land in which the parties have interest, along with any property within or adjacent to the right-of-way of the highway, road, or street, for the purpose of accomplishing all work or services requested as part of this agreement, provided that such right of entry shall be subject to any and all applicable permitting or other legal requirements. VII HOLD HARMLESS AND INDEMNIFICATION The requesting party shall defend, indemnify and hold harmless the requested party and the requested party's appointed and elected officers and employees from and against any and all liability, loss, cost, damage and expenses, including costs and attorney's fees in defense thereof, because of actions, claims or lawsuits for damages for personal 06/06/2002 Multi-agency Reciprocal Maintenance Agreement Page 3 or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons, and on account of damage to the environment or to property, including loss thereof, asserted or arising or alleged to have arisen directly or indirectly out of or in consequence of any party's performance of this Agreement or the negligence or willful acts of any party or its employees, except for injuries and damages caused by the sole negligence of the requested party. As to injuries and damages caused by the sole negligence of the requested party, the requested party shall defend, indemnify and hold harmless the requesting party, and the requesting party's appointed and elected officers and employees from and against any and all liabilities, losses, costs, damages and expenses, including costs and attorney's fees in defense thereof, because of actions, claims or lawsuits for damages for personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons, and on account of damage to the environment or to property, including loss thereof, asserted or arising or alleged to have arisen directly or indirectly out of the requested party's sole negligence. This agreement to indemnify expressly includes claims that would be barred by the State of Washington Workmen's Compensation Act (RCW Title 51) if brought directly by the claimant against the indemnitor. The parties acknowledge that this indemnification provision has been specifically negotiated. No liability shall attach to the parties to the agreement by reason of entering into this agreement except as expressly provided herein. VIII INSURANCE Each party to this agreement shall obtain and keep in force during the full term of this Agreement the following insurance coverages: a. Worker's Compensation Insurance in compliance with the laws of the State of Washington covering all employees who perform under this Agreement. b. Commercial General Liability Coverage including Bodily Injury/Property Damage, Personal Injury/Advertising Injury, Products and Completed Operations, Contractual Liability, Premises and Operations, Independent Contractors, and Stop Gap Liability for minimum limits of: General Aggregate Products Completed Aggregate Each Occurrence $1,000,000 $1,000,000 $1,000,000 Each party's directors, officers, employees, agents, and volunteers shall be specifically named as an Additional Insured. c. Automobile Liability, including all owned, non-owned, and hired vehicles $1,000,000 06/06/2002 Multi-agency Reciprocal Maintenance Agreement Page 4 Each Occurrence $1,000,000 Each party's directors, officers, employees, agents, and volunteers, shall be specifically named as an Additional Insured. IX SEVERABILITY Should any provIsion of this Agreement or the applications of such provIsions be rendered or declared invalid by a court action or by reason of any existing or subsequently enacted legislation, the remaining parts or provisions of the Agreement shall remain in full force and effect. X NONDELEGA TION/ASSIGNMENT No party may delegate the performance of any contractual obligation to a third party unless mutually agreed to in writing by the other parties hereto. No party may assign this agreement without the written consent of the other parties to this agreement. XI PARTIES ADDED TO THE AGREEMENT Parties may be added to this agreement in the future by written request and with the mutual consent and agreement of the parties executed into the agreement. IX TERMINATION OF AGREEMENT The term of this Agreement is indefinite, however, each party reserves the right to withdraw from this agreement at any time by giving thirty (30) days' written notice to the other parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written on the attached signature pages. 06/06/2002 Multi-agency Reciprocal Maintenance Agreement Page 7 CITY OF PORT ANGELES hereby enters this Agreement this <.j.tA-day of ~ 2003. BY~"~-~ Title~ ~- ~~ By Title ATTEST: ~'7C4 : '-<] ~ Attorney for City of Port Angeles rYlinL t 1':'1. .11 t '_'I, tdP'~HtS>rl ' ....1. ~ '9'1 \},' A', \ ,\~ (" t:l Cl ') '''1 I,,' , ,', ' ':\ ~ (I ;" ",' '. ,." \ \J of.." l' " !> ~ :iI' ",-:, ....>~A...... -GOO A ~'" ol1QQ,.o(/., '~P' .... '- 0 "'Gr/ ,. ;: <:;,;~ -f;)Q ~ O(!o Cj -:. :CJ: "(1\::" ~ I,U: C 1;' /\ J : 1-' : :",.(.:l>.) ,,/-'.J.. ..J;n,= :;. \~ - "0 ~ " , 6: {;} -: ';. 0.(> 1;f,' 0 (l ....~ ~..,r Q o. ,tV..",. ' '..*... ........ ',; I'r 0...... ~ .. . . ... r. "\', \..' ,II, ~ ,1 ~\ \;..: ... '" ',S;'t',,\.\r ,,' f', ~ L" \.> I . ' \ ."I,.t, ,- 06/06/2002 Multi-agency Reciprocal Maintenance Agreement Page 16 SEQUIM SCHOOL DISTRICT hereby enters this Agreement this 3 day of Mt! , 2003. By By Title ATTEST: r-- J I ~7 '~cc-,:', <L \-\0V)~-E" "Rcc!c.\(L WAngen P.L-.l. c., Attomey for Sequim School District Print Name ' 06/06/2002 Multi-agency Reciprocal Maintenance Agreement Page 12 CITY OF FORKS d~ .-"--4 r J hereby enters this Agreement this ,,16 ~ day Oo'T 2001. Tille 'rr"k4 &-fL By By ~~12-// Title ~ - Jv-e~.s c.--,/~ ATTEST: Attorney for City of Forks 06/06/2002 Multi-agency Reciprocal Maintenance Agreement Page 17 HURRICANE RIDGE PUBLIC DEVELOPMENT~UTHORITY hereby enters t . Agree nt this /1 day of .::J ~ ~2002. ..- By Title ~~~ c~ Title G~""O\. \ vfv\.I.\J..J~ ATTEST: ~ __<;'~he:.-. e. vl.-~ Print Name Attorney for Hurricane Ridge Public Development Authority 06/06/2002 Multi-agency Reciprocal Maintenance Agreement Page 14 QUILLAYUTTE VALLEY SCHOOL DISTRICT hereby enters this Agreement this .22.!!Jday of .;pLf 2002. By ~~)(. tJ~ TitleSuperl DtenrJen-t BY~~ Title&!rdll~{ JJJW6PC ATTEST: Print Name Attorney for Ouillayutte Valley School District 06/06/2002 Multi-agency Reciprocal Maintenance Agreement Page 13 CITY OF SEQUIM hereby enters this Agreement this&lfday of A/?L-~-f-2002. v By (u/v.}1!.f~ Title Ci ty Manager ByL^)~>kfl~ ntie~ ATTEST: C- Q R.L J1 I I .. '-<.J S l51t- 'ff(r CY'~ 1(,. 4 \ KL:fdt\ I Q Attorney for City of Sequim Print Name 06/06/2002 Multi-agency Reciprocal Maintenance Agreement Page 11 PORT ANGELES SCHOOL DISTRICT 121 By Fe~ent this /J day of / ---- Title SlAf>eYl~t"eV1~-f V~ i'te.- 2002. Title D/r~ctvr or hhavtC~ ~ ~,~~ ATTEST: ~No~ . NCMfJ..'t ~~n J: NbVICi... Attems.y for Port Angeles School District 121 Print Name L..-5 06/06/2002 . " .. Multi-agency Reciprocal Maintenance Agreement Page 8 By J'='#t" 2003 CLALLAM COUN hereby e By Title ATTEST: '\'-" .~ ~1~t Print Name~,J) 2/?t.8/ Attorney for Clallam County - - Publ ic Works Dept. ' 06/06/2002 .. Multi-agency Reciprocal Maintenance Agreement Page 6 CLALLAM TRANSIT SYSTEM rw.. r:Ju.k___ ereby enters this Agr:ement this 15- ~ay 0 TT 2002. By By Title Attorney for Clallam Transit System 06/06/2002 Multi-agency Reciprocal Maintenance Agreement Page 5 PORT OF PORT ANGELES hereby enters this Agreement this I Gf day of ~N ~ 2002. By By Title ATTEST: ~. :s; ~h~--. /3- 6/;. ./?/ Attorney for Port of Port Angeles Print Name 06/06/2002 DATE: To: FROM: SUBJECT: 5. (aCPO:.z FORTANGBLES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO November 4, 2003 CITY COUNCIL Glenn A. Cutler, Director of Public Works and Utilities Multi-Agency Reciprocal Maintenance Agreement Summary: Local Public Agencies have been meeting on a quarterly basis to find a way to cooperatively assist each other for construction and maintenance activities as well as purchasing of supplies. A Multi-Agency Reciprocal Maintenance Agreement has been worked out with the various agencies and is acceptable to the City. Recommendation: Approve the Multi-Agency Reciprocal Maintenance Agreement and authorize the Cit Mana er to si n. Background/Analysis: In August 2000, Clallam Transit hosted a program called "Agencies Working Together". The intent ofthe program was for each agency to be able to cooperatively assist each other by furnishing each other labor, equipment and materials, on a reimbursable basis for construction and maintenance activities. The agencies are also working on cooperative purchasing of supplies. Committee members and/or attendees represent the following agencies: Clallam Transit System, City of Sequim, Port Angeles School District, Quillayute Valley School District, PUD No.1 ofClallam County, Port of Port Angeles, Olympic Medical Center, Port Angeles School District, Clallam County, City of Forks, Peninsula College, Sequim School District and the City of Port Angeles. The Multi-Agency Reciprocal Maintenance Agreement will allow the City and the other Agencies to provide service to each other and jointly purchase from each others contracts. The City has a number of Joint Purchasing Agreements with other Cities and Agencies. This saves time and money when we do not have to develop specifications and advertize for bids. By utilizing contracts from other agencies we the eliminate the expenses while still ensuring the best buy. N.\CCOUNCIL\FINAL\Mulh-Agency ReCiprocal Maintenance Agreement.wpd