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O Consent Agenda
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Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Mark McCauley, County Administrator
From: Monte Reinders, P.E., Public Works Director/County Engineer
Agenda Date: June 21, 2022
Subject: Interlocal Agreement between the Quilcene School District
and Jefferson County
Statement of Issue:
Establishment of an Interlocal Agreement between Jefferson County and the
Quilcene School District.
Analysis / Strategic Goals / Pros Et Cons:
The Agreement sets forth the rights and obligations of the County and the Quilcene
School District with respect to Jefferson County's Quilcene Complete Streets
project and the operation and maintenance of the associated improvements.
Fiscal Impact /Cost-Benefit Analysis:
Construction of this project is funded by a $695,350 WSDOT Pedestrian Et Bicycle
Program grant and a $100,000 Public Infrastructure Fund (PIF) grant.
Recommendation:
The Board is requested to sign the three originals of the contract. After signing,
return three fully-executed agreements to Public Works for further processing.
Department Contact:
Eric Kuzma: 385-9167
Reviewed By:
M. ' cCauley, County Administrator Date
INTERLOCAL AGREEMENT BETWEEN QUILCENE SCHOOL DISTRICT NO. 48
AND JEFFERSON COUNTY
RELATING TO JEFFERSON COUNTY'S QUILCENE COMPLETE STREETS
PEDESTRIAN IMPROVEMENTS PROJECT
This INTERLOCAL AGREEMENT BETWEEN QUILCENE SCHOOL DISTRICT NO. 48
AND JEFFERSON COUNTY (the "Interlocal Agreement") is entered into as of May 23,
2022 (the "Reference Date") by and between Quilcene School District No. 48, a Washington
municipal corporation (the "School District") and Jefferson County, a Political Subdivision
of the State of Washington (the "County"). The School District and the County together are
"the Parties".
I. RECITALS
A. RCW ch. 39.34, the Interlocal Cooperation Act, authorizes local municipal
corporations to enter into agreements to assist and cooperate with each other to better
serve the needs of the municipal corporations and the local community.
B. The School District is the owner of certain real property located at 294715 US
Highway ("Hwy") 101 in Quilcene, Washington, commonly known as Quilcene K12
School ("School"). The School houses the School District's kindergarten through
twelfth grades.
C. In coordination with the School District, the County applied for and obtained a State
funded Pedestrian and Bicycle Program Grant from the Washington State Department
of Transportation (WSDOT) to construct sidewalks, curb and gutter, bicycle lanes,
enhanced pedestrian crossings, and other work ("State Grant") to improve pedestrian
and bicycle access and safety to the School and Community along US Hwy 101
adjacent to the School property ("the Quilcene Complete Streets Project").
D. This Interlocal Agreement sets forth the rights and obligations of the County and the
School District with respect to Jefferson County's Quilcene Complete Streets Project,
and operation and maintenance of said improvements. However, the parties recognize
that circumstances may arise during the course of operation of the Quilcene Complete
Streets Project that require additional communication between the parties.
E. The terms and conditions under which the School District and the County intend to
implement such mutual assistance are set forth under this Interlocal Agreement.
II. AGREEMENT
NOW, THEREFORE, in consideration of the mutual benefits herein, the School District and
the County agree as follows;
Quilcene School District No. 48-Jefferson County Interlocal Agreement
Quilcene Complete Streets Project I
1. Interlocal CooDeration,Act.
1.1 Chapter 39.34 RCW authorizes the execution of an Interlocal Agreement for the
purpose of providing mutual assistance and cooperation between municipal
corporations.
1.2 The School District and the County acknowledge that the cooperation and mutual
assistance, as described in this Interlocal Agreement, is in the best interests of the
County and the School District in implementing the State Grant and improving
pedestrian access and safety along US Hwy 101 for the benefit of the School District
students and the Quilcene community.
1.3 Each party shall conduct its own administration of this Interlocal Agreement,
1.4 The parties do not anticipate acquiring any property in furtherance of this Interlocal
Agreement.
2. Construction.
2.1 Spccti_ I'ttbl�Feiyce
2.1.1 The parties acknowledge that the County will construct a speed table and a
fence on School District property.
2.1.2 The speed table and fence designs and locations shall be determined by
mutual agreement between the School District and the County and in accordance
with appropriate engineering standards.
2.2 QS l I wY 10I Pedestrian Facilitics.
The parties acknowledge that the County will construct sidewalk along US Hwy
101, adjacent to the School, in accordance with appropriate engineering standards
including Americans with Disabilities Act (ADA) compliance.
2.3 US I-Iwv 101 Crosssin includin g Pedestrian Refu c Usand Rectangular Rapid
Flashing Beacons RRFI3's .
The parties acknowledge that the County will construct US Hwy 101 crossing(s)
including, but not limited to, pedestrian refuge(s), crosswalks, and Rectangular
Rapid Flashing Beacons (RRFB's) within the US Hwy 101 right-of-way, at the
discretion of the County and in accordance with appropriate engineering standards
including the Manual of Uniform Traffic Control Devices (MUTCD) published by
the Federal Highway Administration.
3. Maintenance,
3.1 Seed Table and Fence.
The School District shall be solely responsible for the maintenance, repair, and any
future replacement of both the speed table and the fence each located on School
District property.
Quilcene School District No. 48-Jefferson County Interlocal Agreement
Quilcene Complete Streets Project 2
3.2 US Hwy 101 Pedestrian Facilities
The County shall be solely responsible for the maintenance, repair, and future
replacement of the sidewalk along US Hwy 101, adjacent to the School.
3.3 US Hwv 101 Ciossin s including Ndestrian ltclilac s [:ros walks and
RcctaiZgular Rapid Flashing 13�acc3ns QW13's).
WSDOT shall be solely responsible for the maintenance, repair, and replacement
of the Pedestrian Refuge(s), Crosswalks, and RRFB's.
4. Ownership 1 duration.
4.1 Seed Table and Fence.
It is the intent of the parties to acknowledge that both the Speed Table and Fence
are owned by the School District. This Interlocal Agreement shall be in effect for
the life of the improvements.
4.2 US Hwy 101 Pedestrian facilities,
It is the intent of the parties to acknowledge that the US Hwy 101 Pedestrian
Facilities are owned by the County. This Interlocal Agreement shall be in effect
for the life of the improvements.
4.3 US HwY 101 Crossin s 1 includin Pedcstria11 cfit rc s Crosswalks and
Rectan rular Rapid Flnvhing Beacons RRFB's .
It is the intent of the parties to acknowledge that the US Hwy 10 Crossing(s),
including Pedestrian Refuge(s), Crosswalks, and Rectangular Rapid Flashing
Beacons (RRFB's) are owned by WSDOT. As such, their long-term ownership is
not directly associated with the duration of this Interlocal Agreement.
Mutual Indemnification.
5.1 The County shall defend, indemnify and hold the School District harmless from any
and all claims, injuries, damages, losses or suits including attorney fees, in
association with this Interlocal Agreement, except for injuries and damages caused
by the sole negligence of the School District. Should a court of competent
jurisdiction determine that in the event of liability for damages arising out of bodily
injury to persons or damages to property caused by or resulting from the concurrent
negligence of the School District and the County, its officers, officials, employees,
agents and volunteers (and their marital communities) the County's liability,
including the duty and cost to defend, hereunder shall be only to the extent of their
negligence. This waiver has been mutually negotiated by the parties.
5.2 The School District shall defend, indemnify and hold the County, its officers,
officials, employees, agents and volunteers (and their marital communities) harmless
from any and all claims, injuries, damages, losses or suits including attorney fees, in
negligence of the County. Should a court of competent jurisdiction determine that in
the event of liability for damages arising out of bodily injury to persons or damages
Quilcene School District No. 48-Jefferson County Interlocal Agreement
Quileene Complete Streets Project 3
to property caused by or resulting from the concurrent negligence of the School
District and the County, its officers, officials, employees, agents and volunteers (and
their marital communities) the School District's liability, including the duty and cost
to defend, hereunder shall be only to the extent of their negligence. This waiver has
been mutually negotiated by the parties.
5.3 In the event of any concurrent act or omission of the parties and their officers,
officials, employees, agents and volunteers, negligent or otherwise, these indemnity
provisions shall be valid and enforceable only to the extent of the comparative
liability of each party and its officers, officials, employees, agents or volunteers.
5.4 The indemnification obligations of the parties shall not be limited in any way by the
Washington State Industrial Insurance Act, Title 51 RC9Lr, or by application of any
other workmen's compensation act, disability benefit act or other employee benefit
act. Each party hereby expressly waives any immunity afforded by such acts to the
extent required by a party's obligations to indemnify, defend and hold harmless the
other party, its officers, officials, employees, agents and volunteers (and their marital
communities). A party's waiver of immunity does not extend to claims made by its
own employees directly against that party as employer. The indemnity provisions of
this section are a material inducement to enter into this Interlocal Agreement and
have been mutually negotiated.
5.5 The provisions of this section shall survive the expiration or termination of this
Interlocal Agreement.
5.6 No separate entity is created by this Interlocal Agreement.
6. General Terms and Conditions.
6.1 Effective Date.
This Interlocal Agreement shall be effective upon the date of the last signature of a
party (the "Effective Date').
6.2 Authorit to Enter A rcemeilt.
Each party to this Interlocal Agreement attests and warrants that they have the
authority to enter this Interlocal Agreement and to fulfill all the terms and conditions
contained herein.
6.3 Notice.
For all purposes of this Interlocal Agreement, except service of process,
notice shall be given by way of the contact information below:
School Quilcene School District
District: P.O. Box 40
Quilcene, WA 98376
Quilcene School District No. 48-Jefferson County Interlocal Agreement
Quilcene Complete Streets Project 4
Attention: Superintendent
Telephone: 360-765-3363
County: Public Works Department
623 Sheridan Street
Port Townsend, WA 98368
Attention: Public Works Director
Telephone: 360-385-9160
6.4 Construction.
This Interlocal Agreement shall not be construed more favorably to one party over
another, notwithstanding the fact one party, or its attorney, may have been more
responsible for the preparation of the document.
6.5 Nonwaiver of Breach.
The failure of either party to insist upon strict performance of any of the covenants and
agreements of this Interlocal Agreement or to exercise any option herein contained in
any one or more instances shall not be construed to be a waiver or relinquishment of
any such, or any other, covenant or agreements; but the same shall be and remain in full
force and effect.
6.6 Amendment.
This Interlocal Agreement constitutes the entire agreement between the parties and no
modification, amendment, addition to or changes to this Interlocal Agreement shall be
valid unless in writing and signed by all parties.
6.7 C omolete A reetncnt.
This Interlocal Agreement fully integrates the understanding of the parties. It
supersedes and cancels all prior negotiations, correspondence and communication
between the parties with respect to the QuiIcene Complete Streets Project and
appurtenant infrastructure.
6.8 contrwiiing Law.
It is understood and agreed that this Interlocal Agreement is entered into in the State of
Washington. This Interlocal Agreement shall be governed by and construed in
accordance with the laws of the United States, the State of Washington and the County
of Jefferson, as if applied to transactions entered into and to be performed wholly
within Jefferson County, Washington between Jefferson County residents.
6.9 Liti atioi>lJutisdietiot>1Venue.
Should either party bring any legal action, each party in such action shall bear the cost
of its own attorney's fees and court costs. The venue for any legal action shall be solely
in the appropriate state court in Jefferson County, Washington, subject to the venue
provisions for actions against counties in RCW 36,01.050.
6.10 Sever.
Provided it does not result in a material change in the terms of this Interlocal
Agreement, if any provision of this Interlocal Agreement or the application of this
Interlocal Agreement to any person or circumstance shall be invalid, illegal, or
unenforceable to any extent, the remainder of this Interlocal Agreement and the
application this Interlocal Agreement shall not be affected and shall be enforceable to
the fullest extent permitted by law.
QuiIcene School District No. 48-Jefferson County Interlocal Agreement
Quilcene Complete Streets Project 5
6.11 No 'I'hird-part E 13cncticiat ie;s.
The parties do not intend, and nothing ill this Interlocal Agreement shall be construed to
mean, that any provision in this Interlocal Agreement is for the benefit of any person or
entity who is not a party.
6.12 5igriature in Cnuntcrpai#s.
This Interlocal Agreement may be executed in one or more counterparts, each of which
shall be deemed an original, and all of which counterparts together shall constitute the
same instrument which may be sufficiently evidenced by one counterpart. Execution of
this Interlocal Agreement at different times and places by the parties shall not affect the
validity of this Interlocal Agreement, so long as all the parties execute a counterpart of
this Interlocal Agreement.
6.13 Facsimile and Electronic Signatures.
The parties agree that facsimile and electronic signatures shall have the same force and
effect as original signatures.
6.14. Public Records Act.
Each party shall be responsible for its own compliance with the Washington Public
Records Act, Chapter 42.56 RCW (as may be amended). This Interlocal Agreement,
once executed, will be a "public record" subject to production to a third party if it is
requested pursuant to the Chapter 42.56 RCW.
6.15 Authorization.
Any authorizations, actions required, or permitted to be taken, and any document
required or permitted to be executed under this Interlocal Agreement will be taken or
executed only by a duly authorized representative of the party. Each party warrants and
represents to the other that the person signing below has been properly authorized and
empowered to execute this Interlocal Agreement on behalf of the party for whom they
sign.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Quilcene School District No. 48-7efrerson County Interlocal Agreement
Quilcene Complete Streets Project 6
1N WITNESS WHEREOF, the parties have executed this Interlocal Agreement on the date and
Year set forth above.
QUILCENE SCHOOL DISTRICT NO.48, JEFFERSON COUNTY, WASHINGTON,
a Washington municipal corporation a Washington municipal Corporation
BOARD OF COUNY COMMISSIONERS
By:_'j ' •.� By.
l�ritll Rccimlan, Date Kate Dean, District 1
Superintendent Date
By:_ �*J 1(-4A A�� q- 7-6- zz By:-
Viviann Kuehl (Board Chair) Date Heidi Eisenhour, District 2
By � 2 — Z By:
Paul Mahan (Board Vice -Chair) Date Greg Brotherton, District 3
Dacuslull 4p by.-
By: �a412712022 Approved as to form onl :
Jessica Gossette (Board Director) Date y
By: t.r ��e
A(ZE
ha Freand Director) Date
By: gL__'
Jo Coo c oarcl Director) Date
.t
By:
Philip C. Hunsucker,
Quilccne School District No. 48-Jefferson County Inlerloeal Agoement
Qu"c'ene Complete Streets Project 7
Date
Date
June 6, 2022
Date
-Lu►11m-Kcinaers, r.t. f ■' Date
Public Works Director/County Engineer