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Home My WebLink About5.420 Original Contract If" , FILED fOR HCQ:~:) !.; P'L jH:CU,:~ i !:F -P (/ ~. -,r'~-""'7-"'''' .:""''''~:~ ---~ ~..~-_...~- ,~. to... R r. to [:, l;<'i {,' f ..'- ,. L' C ~ ;.. ! l .\ II ,; c' 2005 SEP -9 Ml 9: 27 Filed at the Request of: City of Port Angeles City Clerk's Office P. O. Box 1150 Port Angeles, W A 98362 (!!) 2005 1164628 Clallam County Interlocal Agreement City Clerk File No.: 54~D Agreement between the City of Port Angeles and -Pol\;- of \=bA. ~fu~ I purpos;1?t'~r-ore-(l ~~Cl' C-~ Dated: &(;)8.J 6~ \ d-.' 3 /q f;. 'r 5, <!,;(D .. .... RECIPROCAL MAINTENANCE AGREEMENT This Agreement is made and entered into this ~~ day of <;:Jt II _' , 1996, between the City of Port Angeles, hereina er called the '''City'', and the Port of Port Angeles, hereinafter called the "Port". 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 party 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.~he agreement to permit the parties to make the most efficient use of their resources by enabling them to cooperate 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. Work of a construction nature will be limited to a maximum of $30,000 per project. II REQUEST FOR SERVICES Each request for service shall be in writing 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 which 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 within forty-eight (48) hours of the verbal request. III PAYMENT The parties to this agreement agree that the party receiving services under this agreement shall reimburse the party providing the services - 1 - .. for their actual direct and 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 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. Stich excha:lg~ or benefit shall constitute reimbursement as required in this agreement and shall be documented in w~iting and agreed to by both parties. III RECORDS RETENTION AND AUDIT The parties agree to maintain records of all costs incurred under this agreement, ln 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 EOUIPMENT 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. 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, 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. - 2 - ,- " .,,' VII LEGAL RELATIONS No liability shall attach to the parties to the agreement by reason of entering into this agreement except as expressly provided herein. VIII TERMINATION OF AGREEMENT The right is reserved by the parties to this agreement to terminate the agreement at any time by giving thirty (30) days written notice to the other party. IN WITNESS ~~EREOF, the parties hereto have executed this Agreement as of the day and year first above written. PORT OF PORT ANGELES '\ BYC~ Tit e Executive Director Date I~ovember (:0, l~~b ATTEST: BYQO('$>' ~ J4f1fiJA ecky J~ U on, "ty Clerk APPROVED: ~ A96POPA ReM ~J".~,Hf/~.~r.. ~ i ,t~. , . ,<,' ,'" tOt" ".I .' ~ '(" ,". j' " ~J _, ..O'$OG,'.... ~ \t'l~ .. '"""\ o~ ...." ",.' ...;.,,').... ......../,,~f,:.Q "-':1":;'" >....... ~~ ""-, . i;J '. CJ ~ ~ :~ ~~: ~ ,~" ~ '~'1't, ,= l?.J: C4 l"i1 A 'r : f-- :::' \;;:. :. "At::: c: ~ XA'" ~: r-rt ~.: ",. - ... ~ -,1,'.- . ..~ \...- 0<:, ~I\ ~;(...r. ,/' f../) <:,... -::'lo. ...-'::CI.o'1! -:.:c~:~ <9 .r"{ ,'" 4',;. "".I' ~~ ~.. . ~,... ........ .......,r' if;> .C>OOOOiU<o;,.~ I':.,,"~ ,,':: ~". 'V." ~'!\ t f p\"'t \.} "t..' Ft. ~I 0 1ft .l.\ I ~, ,,\ 'I / ,~ t .,. "'" . .. / . -:. ,l.(t H.' . ~ \ I ~, - 3 - 5, </&0 CITY OF PORT ANGELES 321 E FIFTH. POBOX 1150 PORT ANGELES. WASHING1DN 98362 PHONE (360) 457-0411 December 5, 1996 M. Christine Anderson Executive Director Port of Port Angeles 338 W. First Street P. o. Box 1350 Port Angeles, W A 98362 Re: Reciprocal Maintenance Agreement Dear Chris: At its meeting of December 3, 1996, the City Council approved the Reciprocal Maintenance Agreement between the City and the Port. Enclosed for your file is a fully executed copy of the agreement. Our best wishes to you and the Port staff for a happy holiday season! Sincerely yours, tX(l~5q -1.1pU-^,-- Becky J. U~ton, CMC City Clerk Enclosure