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Home My WebLink About2922into work ORDINANCE NO. 2922 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. 2435. WHEREAS, RCW 35.77.020 provides that the City may enter an agreement with the County authorizing the County to perform 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said services on February 17, 1987, as authorized by Ordinance 2435; and, WHEREAS, the February 17, 1987, agreement is outdated and both the City and County wish to update the agreement, providing for such services until December 31, 2000; and, WHEREAS, it is in the interest of both the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 2435, adopted by the City Council of City of Port Angeles February 3, 1987, and published on April 28, 1987, is hereby repealed.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, 2000. the Section 4. This Ordinance shall take effect five days after publication. PASSED by the City Council of the City of Port Angeles at - 1 - a regular meeting of said Council held on the 2nd day of July, 1996. ATTEST: Poi 11:4-k Ci yerk APPROVE AS TO FORM: Craig D. Knutson, City Attorney PUBLISHED: July 7, 1996 (By Summary) 96.16 - 2 - Y O R Exhibit AN AGREEM NT 1 L; This agreement, made and entered into this _ day July , 19 96 , 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, 2000. 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 City of Port Angeles made upon a form supplied by Clallam County, Clallam County agrees to perform work requested by City of Port Angeles, reserving however, the right to deny or approve each application of 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 City of Port Angeles agrees to defend, indemnify and save harmless the County, its appointed and elected officers and employees, from and against all loss or expense, including but not limited to judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the City of Port Angeles, his /her subcontractors, its successor or assigns, or its or their agent, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County, its appointed or elected officials or employees. It is provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 6. With respect to the performance of this Agreement and as to claims against the County, its appointed and elected officers, agent and employees, the City of Port Angeles expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, as now or hereafter amended, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any employee of the City of Port Angeles. This waiver is mutually negotiated by the parties to this Agreement. 7. If the other party to this agreement is a city, the County, in its performance of the work under this contract shall abide by the provisions of RCW 35.77.020, .030, .040 and WAC 136 -32. Title: Mayor Date: July 2 , 1996 APPROVED AS TO FORM: -.4A-aff-- Deputy Prosecu mg Attorney Karen Flores, Clerk of the Board MASTR /LIAIAGMT.DOC 6/17/96 BOARD OF CLALLAM COUNTY COMMISSIONERS A\S1/4t A(A—Q Phillip Kitchel, Chair Mart a M. Ireland Dorothy Duman ATTEST: REQUEST TO THE CLALLAM COUNTY ROAD DEPARTMENT FOR REIMBURSABLE WORK TO THE CLALLAM COUNTY ENGINEER: Pursuant to terms of an agreement b tween Clallam County and the City of Port 11455- Angeles adopted and approved on J i y ,19L)(=-3the undersigned hereby requests Clallam County to perform the work described as striping at a time and in a manner convenient to Clallam County. The City of Port Angeles will be responsible for traffic control and street sweeping preparation. The undersigned hereby guarantees reimbursement to Clallam County for all work done striping city streets through December 31, 2000. Work not to exceed $ , per year. i tc ,6SIGNATURE TITLE y TO v _ RvatC.)?L4LS TO THE BOARD OF CLALLAM COUNTY COMMISSIONERS: Date Jury "8, lg1(0 I have examined the above request and make the following recommendations: We will accomplish this as part of our normal scheduling of striping county roads. AM ...�% Clallam County Tad Engineer ************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BEFORE THE BOARD OF CLALLAM COUNTY COMMISSIONERS STATE OF WASHINGTON In the matter of: Request of City of Port Angeles for Construction, Maintenance, and/or Repair of Streets CR RESOLUTION NO. 3a , 1996 WHEREAS, Clallam County and the City of Port Angeles have entered into an agreement whereby Clallam County, upon request of the City of Port Angeles and approval by the Board of County Commissioners, will construct, maintain and/or repair certain streets in the City of Port Angeles, the costs of which are to be reimbursed by the City of Port Angeles; and, WHEREAS, City of Port Angeles has requested that Clallam County construct, maintain and /or repair certain streets located therein; and, WHEREAS, R.C.W. 35.77.020 provides that approval by Clallam County shall be accomplished by resolution of the Board of County Commissioners. NOW, THEREFORE, be it resolved that at the request of the City of Port Angeles certain named roads/streets inside the City limits have edge -line striping applied by county forces through December 31, 2000, total cost including materials not to exceed $5.000.00 per year, is hereby approved, recognizing that the county road work will have priority and that the City of Port Angeles will be responsible for street sweeping preparation and supply traffic control for the work. DATED this ATTEST: Cle k of the Board cc: Road Dept. day of 1996 BOARD OF CLALLAM COUNTY COMMISSIONERS Phillip Kitchel, Chair Dorothy Duman CR RESOLUTION NO. 3a , 1996 z Summary of Ordinance Adopted by the Port Angeles City Council on July 2. 1996 Ordinance No. 2922 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. 2435. The full text of the Ordinance is available, for a fee, 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. This Ordinance shall take effect five days after the date of publication of this summary. Publish: July 7, 1996 Becky J. Upton City Clerk 1