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HomeMy WebLinkAboutWashington State Parks and Recreation Commission - 011419WASHINGTON STgrlc QPM, f5 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 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 IN WITNESS WHEREOF, the parties have executed this Agreement. COUNTY OF JEFFERSON BOARD OF COMMISSIONERS Kate Dean, District 1 Date: ���/`// Approved as to form: Philip C. Hunsucker Date Chief Civil Deputy Prosecutor Jefferson County Prosecutor's Office Washington State Parks and Recreation Commission Title: Chief Financial Officer Date: 1 /2/�/ � Approved As To Form: William Van Hook Asst. Attorney General 02/20/07 Page 5 of 5 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 and return to the department for processing. Board execute the attached interlocal agreement Department Contact: Matt Stewart, Road Maintenance Superintendent, 360-385-0890 Reviewed By: Philip MQrl un ator Date 1$- 2,-t� CONTRACT REVIEW FORM CONTRACT WITH: Washington State Parks and Recreation Commission (Contractor/Consultant) nn 77 CONTRACT FOR: Interlocal reimbursable services TERM: NOV i'inated COUNTY DEPARTMENT: Public Works W, sIW 21 1 py For More Information Contact: Matt Stewart Contact Phone #: 360 385-0890 RETURN TO: Chris Spall RETURN BY:• 11/12/18 (Person in Department) (Date) AMOUNT: Dependent Upon Requirements PROCESS: Exempt from Bid Process Consultant Selection Process Revenue: DUR Cooperative Purchase Expenditure: DUR Competitive Sealed Bid Matching Funds Required: None Small Works Roster Sources(s) of Matching Funds N/A Vendor List Bid RFP or RFQ X Other Step 1: REVIEW BY RISK MANAGEMENT Review by: Date Reviewed: APPROVED FORM Returned for revision (See Comments) Comments ��c5� ,re 6,e ice. --W 1[1,2).Pt- C�A-� Step 2: REVIEW BY PR 'EC�,OG ATTORNEY Review by: C' Date Reviewed: Chief Civil Deput, APPROVE)4,AS TO F9RM� ,� Re rned for revision (See Comments) Comments �J1V JIiC�JG 1C/• r Step 3: (If required) DEPARTMENT MAKES REVISIONS AND RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Admin will submit originals and 2 copies of Contract and Review Form with Agenda Bill to BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda. (This form is to stay with the contract throughout the contract review process and accompany the Agenda Bill.) H:\Interlocal agreements\State Parks\Contract Review Form for ILA - State Parks.docx rev. 4/26/2017 C. Hunsucker