HomeMy WebLinkAboutQuilcene School District - 062122 ;Is aa- .Dtz.ac(
INTO CALM EMENT 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 e
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 `7*"
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 1
1. Interlocal Caoneration 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 Speed Table and Fence,
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 US Hwy 101 Pedestrian Facilities.
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 Hwy lOt Crossing(s) including Pedestrian Refuge(s)and Rectangular Rapid
Flashing Beacons (RRFB'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 Speed 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 Hwy 101 Crossing(s), including Pedes Tian Refuge(s),Crosswalks. and
Rectangular Rapid Flashing Beacons(RRFB's),
WSDOT shall be solely responsible for the maintenance, repair, and replacement
of the Pedestrian Refuge(s), Crosswalks, and RRFB's.
4. Ownership/Duration.
4.1 Speed 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 Crossing(s). including Pedestrian Refuge(s),Crosswalks. and
Rectangular Rapid Flashing 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.
5. 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
Quilcene 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 RCW, 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 Authority to Enter Agreement.
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 Attention: Superintendent
District: P.O. Box 40 Telephone: 360-765-3363
Quilcene, WA 98376
Quilcene School District No.48-Jefferson County Interlocal Agreement
Quilcene Complete Streets Project 4
County: Public Works Department Attention: Public Works Director
623 Sheridan Street Telephone: 360-385-9160
Port Townsend, WA 98368
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 Complete Agreement.
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 Quilcene Complete Streets Project and
appurtenant infrastructure.
6.8 Controlling 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 Litigation/Jurisdiction/Venue.
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 Severability.
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.
Quilcene School District No.48-Jefferson County Interlocal Agreement
Quilcene Complete Streets Project 5
6.11 No Third-party Benefciariel.
The parties do not intend,and nothing in 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 Signature in Counterparts.
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-Jefferson County Interlocal Agreement
Quilcene Complete Streets Project 6
IN 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: y/0 f By: Approved Telephonically °/Zi/2Z.
Fran Redman, !!Date Kate Dean, District 1 Date
Superintendent
t..M `-I- 2ts-22.. By: A 01., —Z 10/2//�2
By:
eidi Eisenho District 2 Date
Viviann Kuehl(Board Chair) Date '
Paul Mahan (Board Vice-Chair) Date g rotherton, District 3 Date
,---ooevsipnotl hr
4/27/2022
By:\- 66 SERMON. Approved as to form only:
Jessica Gossette(Board Director) Date
C
By: ��/ , / By: June 6, 2022
Trisha FreilSerg(B6ard Director) Date Philip C. - -r, Date
Dep rosecuting ttomey
By:9/Ailk] Coaa oard Director) Date By: �_
Monti '.E. Date
Public Works Director/County Engineer
Quilcene School District No.48-Jefferson County Interloeal Agreement
Quilcene Complete Streets Project 7
Department of Public Works
O Consent Agenda
Page 1 of 1
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 Ft 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:
‘----(------- c., :zi",,y,.., )
MallcCauley, County Administrator Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Quilcene School District Contract No: 51-8
Contract For: Interlocal Agreement Term:
COUNTY DEPARTMENT: Public Works
Contact Person: Eric Kuzma
Contact Phone: 360-385-9167
Contact email: skuzma@co.jeffersonwaus
AMOUNT: N/A PROCESS: Exempt from Bid Process
Revenue: 33403.61 Cooperative Purchase
Expenditure: 180.000.010.59500.65 _~ Competitive Sealed Bid
Matching Funds Required: _ Small Works Roster
Sources(s) of Matching Funds ._ Vendor List Bid
Fund# ,_, RFP or RFQ
Munis Org/Obj I Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES C 11 P f WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: I N/A:® �� 4/27/2022
I Z •tore Date
STEP 2: DEPARTMENT CERTIFIES TH' I'ER ON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT B DE DE.ARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: Ei N/A: ® 11* J 4/27/2022
t Si ature Date
STEP 3: RISK MANAGEMENT REVIEW(will be a ed electronically through Laserfiche):
Electronically approved by Risk Management on 6/7/2022.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Oee next page for email from Philip Hunsucker saying this is approved.'
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
Christine Spall
From: Eric Kuzma
Sent: Wednesday, June 8, 2022 2:04 PM
To: Christine Spall
Subject: FW: Contract number: PW2022-048 has been approved
Attachments: PW2022-048 QSD ILA Quilcene Complete Streets.lfe; PW2022-048 QSD ILA Quilcene
Complete Streets - PAO SIGNATURE.pdf
From: Philip Hunsucker<PHunsucker@co.jefferson.wa.us>
Sent:Wednesday,June 8, 2022 2:02 PM
To: Eric Kuzma<ekuzma@co.jefferson.wa.us>
Cc:Adiel F. McKnight<AFMcKnight@co.jefferson.wa.us>; Carolyn Gallaway<carolyn@co.jefferson.wa.us>;Julie
Shannon <JShannon@co.jefferson.wa.us>; Laura Mikelson <LMikelson@co.jefferson.wa.us>
Subject: FW: Contract number: PW2022-048 has been approved
Eric:
This contract has been approved. Please replace the signature page with the one attached.
Philip
pronouns:he/him/his
zsp Philip C. Hunsucker
Chief Civil Deputy Prosecuting Attorney
``'`',,,, Jefferson County Prosecuting Attorney's Office
P.O. Box 1220, Port Townsend,WA 98368
Ph: 360-385-9219 (direct)
All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act,a state law
found at RCW 42.56.Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy(or for
inspection)of this e-mail unless it is also exempt from production to the requester according to state law,including RCW 42.56 and other state laws.
From: NO-REPLY<NO-REPLY@co.jefferson.wa.us>
Sent:Wednesday,June 8, 2022 1:59 PM
To: Philip Hunsucker<PHunsucker@co.jefferson.wa.us>
Cc: Christine Spall<CSpall@co.iefferson.wa.us>; Laura Mikelson<LMikelson@co.jefferson.wa.us>;Jenny Matter
<JLMatter@co.jefferson.wa.us>
Subject:Contract number: PW2022-048 has been denied
PW2022-048
PAO
False
Risk
True
1