HomeMy WebLinkAbout001046 Original Contract City of Port Angeles
Record # 001046
INTERLOCAL AGREEMENT
between City of Port Angeles
and
City of Port Townsend
THIS AGREEMENT is executed pursuant to Chapter 39.34 RCW by and
between the City of Port Angeles, a Washington municipal corporation("Port Angeles")
and the City of Port Townsend, a Washington municipal corporation ("Port Townsend").
In consideration of mutual benefits to be derived herefrom and covenants made
herein,the City of Port Angeles, and the City of Port Townsend agree as follows:
Section 1 -Recitals.
I. The City Council of Port Angeles has appointed several Ethics Boards under the
provisions of Chapter 2.78 of the Port Angeles Municipal Code ("PAMC").
2. PAMC 2.78.070(B)(4) provides that the Port Angeles City Attorney shall advise
the Ethics Board, unless there is a conflict of interest under the Washington Rules
of Professional Conduct for Attorneys.
3. Port Angeles has determined that there is a conflict of interest regarding Ethics
Board#2 that prohibits the Port Angeles City Attorney's Office from advising that
Board, and has asked Port Townsend to provide legal support for that Board.
Section 2 — Purpose. It is the purpose of the agreement to permit the appointment of the
Port Townsend City Attorney, Steven Gross, as Special Counsel to Port Angeles for the
limited purpose of advising Ethics Board #2.
Section 3 —Term. This Agreement shall be in effect immediately after it is approved by
each City and shall continue until the complaint being consdiered by Ethics Board #2 is
resolved, including any appeals. 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.
Section 4—Payment.
The Cities agree that Port Angeles will reimburse Mr. Gross for mileage. Port Townsend
will be responsible for paying all other expenses.
Section 5 —Records. The Cities agree to maintain records of all costs incurred under this
agreement in accordance with a work order accounting system as prescribed and
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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.
Section 6 -Indemnification. Cities are both members of the Washington Cities Insurance
Authority Risk Pool. Notwithstanding this, Port Angeles shall defend, indemnify and
hold harmless Port Townsend and its 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 or bodily injury, including death at any time resulting therefrom, sustained or
alleged to have been sustained by any person or persons, asserted or arising or alleged to
have arisen directly or indirectly out of or in consequence of any negligence or willful
acts of Port Angeles or any employee of Port Townsend, except for injuries and damages
caused by the sole negligence of Port Townsend or its employees.
As to injuries and damages caused by the sole negligence of Port Townsend, Port
Townsend shall defend, indemnify and hold harmless Port Angeles,and its 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 property, including loss thereof, asserted or
arising or alleged to have arisen directly or indirectly out of Port Townsend'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 Cities acknowledge that this indemnification
provision has been specifically negotiated.
No liability shall attach to the Cities by reason of entering into this agreement except as
expressly provided herein.
Section 7- Miscellaneous Provisions.
A. Amendment. This Agreement may be amended only in writing and only by
agreement of all Parties except as set forth in this section.
B. Counterparts. This Agreement may be executed in two or more counterparts, and
each such counterpart shall be deemed to be an original instrument. All such
counterparts together will constitute one and the same Agreement.
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C. Listing. Pursuant to RCW 39.34.040,this Agreement shall be listed on the City's
web site.
IN WITNESS HEREOF, this agreement is executed by the City of Port Angeles
and by the City of Port Townsend, Washington.
CITY OF PORT ANGELES CITY OF PORT TOWNSEND
Dan McKeen, City Manager By: David G. Timmons,City Manager
Dated this 7OL'day of April, 2016 Dated this 1 i% day of April, 2016
Attest: Attest:
J nnifer eneklasen, City Clerk Joanna Sanders, CMC,City Clerk
Appr ed As To / Appr To Form:
r
i t 'E. Bloor, C' y Attorney Steve Gross, City Attorney
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