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Home My WebLink About5.558 Original Contract fiLED FOR RECORD:, T lH~ SEQUES), :)r 1iJ_:_,~!~ti.-- "CORO,(' \'1~: C~" .,;"'.1 "'.L.\l-i C';, 2005 AUG 25 AH 8: 59 Filed at the Request of: cD ~:z.~l;~~l~~~l:s \IIIIIIII""~~~' Port Angeles, W A 98362 2005 1163540 County Interlocal Agreement City Clerk File No.: 5. 55"')? Agreement between the City of Port Angeles and ~ i Co lJ. ~ '1Jl S1v1 ct ,jOt of rJc..Q1c.", ~ -- Purpose C~U-@ d'--. .r)Yl~ w'd CW"~ Dated:~Jtt:: ""4/ tfl) .. 5. 5.58 INTERLOCAL COOPERATION AND MUTUAL AID AGREEMENT This agreement is made and entered into this ~ay of ~ ~ ~ ~ O.N-/ , 2000, by and between the City of Port Angeles (City) and the Public Utility District No.1 ofClallam County (PUD). REPRESENT A nONS 1. The City and the PUD are each charged with the responsibility of constructing and maintaining their facilities and maintaining staff, equipment, and materials to perform the necessary work therefor. 2. Each party from time to time has need for additional labor, equipment or materials or has labor, equipment and materials available in certain locations which could be used by the other party to this agreement. 3. The City and the PUD recognize the importance of working together in times of emergencies and of jointly making equipment and personnel available during routine conditions, to best serve the residents and businesses of the greater Port Angeles and Clallam County areas. 4. Both parties also recognize that a mutual aid agreement is necessary in order to provide the highest level of reliability and responsiveness and will provide the basis for each party to provide or receive assistance in a coordinated manner. 5. The City and the PUD further recognize that the mutual lending of aid and equipment needs to be voluntary and that crews and equipment need to be recallable by the assisting utility at any time. 6. This agreement is entered into pursuant to the Washington State Interlocal Cooperation Act, Chapter 39.34 RCW. Each party has the necessary authority to enter into this agreement. 7. This agreement does not call for or provide for any additional organization other than the two parties involved. AGREEMENTS In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Purpose and Intent. The purpose of this agreement is to permit the parties to make the most efficient use of their resources by enabling them to cooperate by furnishing each other labor and equipment when available for construction, maintenance, and repair activities. It is intended and ,understood that the work of the owner of the requested resources will have first priority. Interlocal CooperatIOn and Mutual Aid Agreement - Page I of 5 F \AGREEMENTS&CONTRACTS\PUD-INTERLOCAL wpd 2. Duration. This agreement shall commence on the date of signature by both parties and shall continue until terminated by providing thirty (30) days written notice to the other party. 3. Request for Services. Each request for service shall be in writing and shall specify the particular service required, the amounts and types of labor and equipment required, the location of the work, the estimated cost ofthe work (if applicable), and any other information pertinent to the request. The party which has been requested to assist will indicate its acceptance or rejection ofthe request, have it signed by its 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 within 48 hours of the verbal request. 4. Payment. The parties agree that the requesting party shall reimburse the assisting party for the costs of the labor and equipment in accordance with the schedule of fees established by the assisting party, except that there shall be no charge for loans of equipment for 5 days or less. The assisting party will invoice the requesting party upon completion of the work or use of equipment, and payment will be made within 30 days of receipt of such invoice. The parties further agree that at times, labor and equipment may be furnished by one party to the other in exchange for labor and equipment furnished by the other or in recognition of the benefit to the party and/or customers 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. 5. Loan of Equipment. a. The requesting party will notify the assisting party of the need for the equipment or vehicle (hereafter referred to collectively as "equipment") in advance of the needed date to allow sufficient time for the assisting party to determine the availability of the equipment. b. Determination of whether to loan the equipment will be at the sole discretion of the utility which owns the equipment and may be based on whether the equipment is available and on an evaluation of the skill, knowledge, and ability ofthe requesting party's personnel to safely and efficiently operate the equipment. c. If the owner determines that it will not loan the equipment without the owner's experienced operator, then the owner will so notify the requesting party. The requesting party may then revise its request to include performance of work and will be governed by section 6 of this agreement. d. The requesting party will make all arrangements to pick up and return the requested equipment. In addition, the requesting party will properly store the equipment and will maintain it in good repair. Interlocal CooperatIon and Mutual AId Agreement - Page 2 of 5 F.\AGREEMENTS&CONTRACTS\PUD-INTERLOCAL.wpd e. The requesting party will be responsible for the proper care, maintenance, and security of the equipment until the equipment is returned to the owner. 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. 6. Performance of Work. a. Upon request from either party to the other, the assisting party agrees to perform work related to the requesting party's electric or water utility systems, subject to the assisting party reserving the right to deny or approve each request in its sole discretion. b. Personnel shall remain on the assisting utility's payroll. Each utility shall pay its personnel in accordance with its collective bargaining agreement or established pay scale. c. The requesting party shall: i. Monitor and watch workers for fatigue or any other safety factors and ensure safe work conditions and procedures. ii. Establish a primary contact person for disseminating information to assisting personnel, including general directions, clearances, switching orders, completion of work, reassignment, etc. iii. Assign assisting crews to work as operating units, which will follow their own work practices and work under their own supervisors. d. Each of the parties shall at all times be solely responsible for the acts or the failures to act of its personnel that occur or arise in any way out of the performance of this agreement by its personnel only and shall indemnify, defend, and hold the other party and its personnel and officials harmless from all costs, expenses, losses and damages, including cost of defense, incurred as a result of any acts or omissions of such responsible party's personnel relating to the performance of this agreement. If injury or damage is caused by the joint action of the parties, they will be responsible in accordance with their percentage of negligent conduct contributing to the loss or injury. Each party expressly waives any right to interpose a bar to recovery against it as a result of immunity of any kind including Worker's Compensation and employer protection. This provision has been specifically negotiated. 7. General Provisions. a. Each party will assign an individual to annually review the effectiveness of this mutual aid agreement over the previous year and make any recommendations necessary to modify the agreement. b. The requesting party will obtain any required permits and comply with all applicable legal requirements, including bid laws. lnterlocal CooperatIon and Mutual Aid Agreement - Page 3 of 5 F \AGREEMENTS&CONTRACTS\PUD-INTERLOCAL wpd " c. The relationship of the parties shall be that of independent contracting entities. i. Each party's employees, while engaged in the performance of any work under this agreement, shall be considered employees of said party only and not of the other party, and claims that may arise under the Workman's Compensation Act on behalf of said employees while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the party of said party's employees while so engaged, shall be the sole obligation and responsibility of said party, except that ifboth parties' negligent acts or omissions have contributed to damage or injury to a third party, then each party shall be responsible proportionate to the amount of its negligence that contributed to the injury or damage. ii. Each party shall assume full responsibility for payment of all federal, state, and local taxes or contributions imposed or required for its employees, including, but not limited to, unemployment insurance, worker's compensation insurance, social security benefits, and income tax withholding. d. No liability shall attach to the parties to this agreement by reason of entering into the agreement except as expressly provided herein. e. This agreement cannot be assigned, transferred, or any portion subcontracted hereunder without the written agreement of both parties. f. The parties agree that should an emergency arise during the contemplated period of use of equipment or performance of work, which in the sole opinion of the assisting party requires the return of the equipment or manpower, the requesting party shall make every reasonable effort to return it as soon as possible. g. 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 5 years after payment of the requested service. 8. Dispute Resolution. Both parties agree that any dispute that arises out of the interpretation, performance, enforcement, or any other aspect of this Agreement, shall be resolved by submitting the same to binding arbitration which shall proceed according to the rules and regulations of the American Arbitration Association; provided, however, that each party shall select a nominating person within ten (10) days of notice of the dispute from either party to the other. The PUD shall elect one nominating person and the City shall elect one nominating person. The two nominating persons shall then meet and promptly select the arbitration from the Seattle Office of Judicial Arbitration and Mediation Service list. If the nominating persons do not select a person who agrees to serve as arbitrator within thirty (30) days of the first notice, the arbitrator shall be selected by a Superior Court Judge ofClallam County. Interlocal CooperatIOn and Mutual Aid Agreement - Page 4 of 5 F \AGREEMENTS&CONTRACTS\PUD-INTERLOCAL wpd .11 I ' IN WITNESS WHEREOF, the parties have caused this agreement to be executed by the undersigned duly authorized officials. CITY OF PORT ANGELES PUBLIC UTILITY DISTRICT NO. 1 By: ~~ Michael Quinn,City Manager By: ~~ Mic ael McI s, General Manager Approve s to form: I ( iJ~ Craig D. Knuts , City Attorney Attest: bo,.~ lp Becky J. U n, ty Cler , ~')l\'HPH'#"'t"t I >,,1" +{i\.~. '):)0" I, 'rt ," ,., ~ 1- f. ~I; [;J; "~/',_ .~ ~~~ ~.\ l r v i' ~ I r,-cI , .,:_'.1 '.}.,,_ ...-.J'l:~.i\"'Gct.\ "......, .::::~ t' "t..., ... ~ l~", <f"t/' ~\ ~... :: ,~ ",,\1 ~ ~')(O;,,::,-i_ .':'... -::- ....' 0 T~ f:, t..,,-" ;. ::' >....).;/ " ""~ r t~ :;~ a. <'1f i:" ~I~~ ~ "1tt : ......... n- ".. It i" (, 1 ( ! \ ' . I . ~ ;\; ~') ,;....~ J <,.~ j~t ~ I<l~ :: ~ 7""" fio ;; ;-V) ..: ::.;, f" 0 ~~' ~ l:'I .... "'" e;." U't-'" {A-' '" (..... ..:; ~ ~} ~t)~o!. .,;_ I '~(i)"....,., I::: 'N:; ,~)- ...:J.:....:;Q"'y~Ci<C. n \.' ~...~ ~I' J. {! ~ ,... #\ V ,~... Ii'. " ,'l IJ f P '" ' .,,' ""~i~ ,.-, (,\ ,~l rlq~~p~" Interlocal CooperatIOn and Mutual Aid Agreement - Page 5 of 5 F \AGREEMENTS&CONTRACTS\PUD-INTERLOCAL.wpd