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HomeMy WebLinkAbout011419_ca06 Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, P.E., Public Works Director/County Engineer Agenda Date: January 14, 2019 Subject: Interlocal agreement with Washington State Parks and Recreation Commission Statement of Issue: The proposed interlocal agreement, for the mutual use of Jefferson County and State Parks as needed from time to time, is desirable to establish a structure within which each entity may perform reimbursable work for the other. The most recent interlocal agreement has expired. Analysis/Strategic Goals/Pro's &Con's: The agreement simply provides a general framework for specific, later cooperation, as mutually agreed by County and State Parks representatives. One pending project would make use of the County's Public Works staff to grade the surface of a parking area at Shine Tidelands State Park. Fiscal Impact/Cost Benefit Analysis: There is no intrinsic impact of the broad agreement. The impact of any specific project undertaken under the terms of the agreement will be considered separately based on the needs of each entity. The benefit for each agency is the ability to make use of skilled personnel and equipment appropriate for a given task without having to develop that capability in-house. Recommendation: The Department of Public Works recommends the Board execute the attached interlocal agreement and return to the department for processing. Department Contact: Matt Stewart, Road Maintenance Superintendent, 360-385-0890 Reviewed By: j� Philip Morle , •unt • i•' ator Date rl' L.':• ‘,.7s 2• INTERAGENCY AGREEMENT " Between WASHINGTON STATE PARKS AND RECREATION COMMISSION And JEFFERSON COUNTY AGREEMENT NO. IA 719-275 THIS AGREEMENT is made and entered into by and between the Washington State Parks and Recreation Commission, hereinafter referred to as "State Parks," and the County of Jefferson. IT IS THE PURPOSE OF THIS AGREEMENT to authorize either party to request equipment, materials and services from the other for mutual benefit. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK Either party to the agreement, the requesting party (hereinafter Requester) and the providing party (hereinafter Provider) may request work, equipment rental or materials from the other party as they find mutually beneficial. Whenever either party desires to obtain work, rent equipment or purchase materials from the other party pursuant to this agreement, the Requester shall make a written request on a form required by the Provider. PERIOD OF PERFORMANCE This agreement shall take effect upon execution of the agreement by both parties and shall remain in effect until terminated. EQUIPMENT Equipment provided pursuant to this agreement shall be inspected by both parties prior to use. The Requester using the equipment shall bear responsibility for ensuring that operators are properly trained in its use. Requester shall compensate the Provider for any losses and/or damages occurring while equipment is in possession of the Requester. FINANCIAL RESPONSIBILITY The Requester shall be solely responsible for all costs of Requester's project. REIMBURSEMENT Requester shall reimburse Provider for all costs of direct and indirect labor (including fringe benefits), administration, equipment rental, engineering, and materials and supplies for the project performed pursuant to this agreement. In addition, indirect costs ("overhead") shall be included at the rate calculated and approved by the Provider. Requester shall reimburse Provider for use of equipment at the rate determined by Provider's Director or his designee. Provider shall invoice Requester after performance or delivery and payment shall be remitted within thirty (30) days after receipt. Page 1 of 5 RECORDS MAINTENANCE The parties to this contract shall each maintain books, records, documents and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. RIGHTS IN DATA Unless otherwise provided, data which originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the state of Washington. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. AGREEMENT ALTERATIONS AND AMENDMENTS This agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. TERMINATION Either party may terminate this Agreement upon 30 days' prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. INDEMNIFICATION Each party shall defend, indemnify and hold harmless the other party, its officers, employees, agents and volunteers from and against all claims, damages, losses, and expenses suits and/or other actions alleged or proven to arise from any negligent or intentional act or omission of that party's employees, agents, and/or authorized subcontractors arising from the performance of this agreement. Page 2 of 5 INSURANCE Provider may require, as its condition of performance of the project and/or provision of equipment, that Requester provide appropriate insurance. If Provider so requires, it shall notify Requester and give Requester the option to withdraw its request. WORKER'S COMPENSATION (INDUSTRIAL INSURANCE) The Requester shall maintain workers' compensation insurance at its own expense, as required by Title 51 RCW, for the term of this Agreement and shall provide evidence of coverage to the Provider upon request. Worker's compensation insurance shall cover all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. The Requester expressly waives by mutual negotiation all immunity and limitations on liability, with respect to the Provider, under any industrial insurance act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. If the Provider incurs any costs to enforce the provisions of this subsection, all cost and fees shall be recoverable from the Requester. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within fifteen (15) working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, contract terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. GOVERNANCE This contract is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. applicable state and federal statutes and rules; b. statement of work; and Page 3 of 5 c. any other provisions of the agreement, including materials incorporated by reference. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. WAIVER A failure by either party to exercise its rights under this agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. PROJECT MANAGEMENT The project representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. The Project Representative for Jefferson County is: Matt Stewart, Road Maintenance Superintendent, 360-385-0890 The Project Representative for State Parks is: Darrell Hopkins, Southwest Region Manager, 360- 725-9781 Page 4 of 5 IN WITNESS WHEREOF, the parties have executed this Agreement. COUNTY OF JEFFERSON Washington State Parks and BOARD OF COMMISSIONERS Recreation Commission By: Kate Dean, District 1 Title: Chief Financial Officer Date: David Sullivan, District 2 Greg Brotherton, District 3 Date: Approved as to form: Approved As To Form: William Van Hook Asst.Attorney General 02/20/07 Philip C. Hunsucker Date Chief Civil Deputy Prosecutor Jefferson County Prosecutor's Office Page 5 of 5