INTERLOCAL AGREEMENT BETWEEN MASON COUNTY AND THE CITY OF BREMERTON

RELATED TO PUBLIC WORKS PROFESSIONAL, TECHNICAL, FIELD AND EQUIPMENT SERVICES

THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal · C operation Act, Chapter 39.34 of the Revised Code of Washington, on the {,:2~ day of _,.,.~ ~ +--------' 2016, by and between Mason County (County), a political subdivi ·on of the State of Washington, and the City of Bremerton (City), a municipal corporation of the State of Washington, (the Parties).

WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative efforts between public agencies, and

WHEREAS, from time to time the need arises for Mason County and the City of Bremerton to cooperate in providing efficient public works services to their respective residents, or during regional emergencies, and both jurisdictions wish to cooperate when requested and when resources are available, and

. WHEREAS, each entity brings a wide variety of unique expertise in mutually complementary public works services which may benefit the other entity from time to time, depending on availability of these resources, and

WHEREAS, the City of Bremerton and Mason County wish to work cooperatively to provide public works services,

NOW, THEREFORE, in consideration of their mutual covenants, conditions and promises, THE PARTIES AGREE as follows:

1. PURPOSE OF AGREEMENT: The purpose of this agreement is for Mason County and the City of Bremerton to work cooperatively to provide public works services as necessary or required, subject to the availability of staff and resources.

2. ADMINISTRATION OF AGREEMENT: The Mason County Department of Public Works will administer this agreement for Mason County. The Bremerton Public Works Department will administer this agreement for the City of Bremerton. : : : ,

3. DURATION OF AGREEMENT: This agreement shall take effect upon execution of the agreement by both County and City and shall remain in effect until December 31 , 2026.

4. TERMINATION OF AGREEMENT: Either the County or the City may terminate this agreement by giving ten days written notice to the other party.

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5. COUNTY EMPLOYEES: County employees pursuant to this agreement remain employees of the County at all times and shall perform the work envisioned under sole supervision of the County.

6. CITY EMPLOYEES: City employees pursuant to this agreement remain employees of the City at all times and shall perform the work requested under sole supervision of the City.

8. REIMBURSEMENT: This agreement envisions the party receiving services will reimburse the party providing the service at the standard reimbursement rates established by the party providing the services. At the mutual agreement of the parties, either party may reimburse the other for specifically defined services which constitute a work program or project.

9. LEGAL/ADMINISTRATIVE ENTITY: No separate legal or administrative entity is created by or pursuant to this agreement.

10. INDEMNIFICATION

A. The City shall defend, indemnify and hold harmless the County, its officials, officers, employees and agents, for all claims, liabilities, damages, expenses, reasonable attorney's fees and suits arising from negligence of the City and its agents.

B. The County shall defend, indemnify and hold harmless the City, its officials, officers, employees and agents, for all claims, liabilities, damages, expenses, reasonable attorney's fees and suits arising from negligence of the County and its agents.

C. In cases of concurrent fault of the City and County, the above provisions requiring each paiiy to defend, indemnify and hold harmless the other party ("indemnification provisions") are valid and enforceable only to the extent of the fault of the respective parties.

D. Solely for purposes of the inde1mufication provisions, each party waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington and acknowledges that this waiver was mutually negotiated by the parties.

E. The indemnification provisions shall survive the expiration or termination of this agreement.

11. COMPLIANCE WITH REGULA TIO NS AND LAWS: The Parties shall comply with all applicable rules and regulations pertaining to them in connection with the matters covered herein.

12. ASSIGNMENT: The Parties shall not assign thls Agreement or any interest, obligation or duty herein without the express written consent of the other party.

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13. ATTORNEYS' FEES: In the event of litigation to enforce any of the tenns or provisions herein, each party shall pay all its own costs and attorney's fees.

14. NOTICES:

All notices and payments hereunder may be delivered or mailed. If mailed, they shall be sent to the following respective addresses:

To Mason County: Dept. of Public Works 100 W Public Works Drive Shelton, WA 98584 Attn: Public Works Director Phone: (360) 427-9670

To Bremerton: City of Bremerton 345 6th Street, Suite 600 Bremerton, WA 98337 Attn: City Clerk Phone: (360) 473-5290

or to such other respective addresses as either Party may hereafter designate in writing. All notices and payments mailed by regular post (including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed. Notices and payments sent by certified or registered mail shall be deemed to have been given on the day next following the date of mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing.

15. INSURANCE REQUIREMENT: Each party shall obtain and maintain liability coverage in minimum liability limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for general liability, errors and omissions, auto liability, despite when the claim was made.

Each party to this Agreement agrees to provide the other with evidence of insurance coverage in the form of a certificate from a solvent insurance provider confirming coverage from a solvent insurance company or pool which is sufficient to address the insurance obligations set forth above.

16. NON-DISCRIMINATION POLICY: The County and the Contract Agency agree not to discriminate in the performance of this Agreement because of race, color, national origin, sex, sexual orientation, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental sensory handicap, or other status protected by law.

17. FILING: This document shall be filed with the County Auditor pursuant to RCW 39.34 or, alternatively, listed by subject on the public agency's web site.

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18. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have . not been set forth in the text of this Agreement.

19. CHOICE OF LAW AND VENUE: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Pierce County Superior Court.

IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.

DATED this - ~~ ~ - · __ , day of ___ J _,,~oc=.-=:___,j"'-------'----' 2016

CITY OF BREMERTON

Date / / /

.. ~ --__.,,,, Shannon Corin, City Clerk

BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON

ATTEST: ~ U)l\,llR

Julie :A.lmanzor, ClerkoftheBo

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Roger A. Lubovich, City Attorney Tim Whitehead, Ch. Deputy Prosecuting Attorney ·

STA TE OF WASHING TON ) I) . ) ss.

COUNTY OF f--l10Af )

ON THIS (a# day of J u);.y , 2016, before . me, . personally appeared J)CL-f-i---1 i__;f,J* and ~ tfb_ , to me . known to be the LlM;,.r( and ;J /4- of ' tJI-- F3n,y,,, f,r-fry, , being one. of the municipal corporations that execute2t'the within and foregoing instrument, and they acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument, and the seat of said municipal corporation is affixed hereon.

WITNESS my hand and official seal hereto the day and year in this certificate first above

written·--~-:--".---:::-;:;;-:=---, Notary Public

State of Washington Shannon L. Corin

Commission ExpirN 11-17-2019

ST ATE OF WASHINGTON ) ) ss.

COUNTY OF - ----~

Notary Public in and for the State of Washington, Residing at K, \_ J-t;:;;;"--/ J Li) . My commission expires / I · I, · I ct

ON TI~IS 2 \ day of JV n O ' 2016, befo~e me, personally appeared .Jfl [() jp#re1.a ~ and 1irn ih21dPn ..... ~nt''1 AVuhNl1,"{.o me known to be the { htl Ir and lt!YY)m1$$Jdn5 of Mt(SC>V> ( {JUnty . , being one of the municipal corporations that executed the within and foregoing instrument, and they acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument, and the seat of said municipal corporation is affixed hereon.

WITNESS my hand and official seal hereto the day and year in this certificate first above written.

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Notary Public in a Residing at -----"'-------L---"------'='-;-'"-'----"'-'"-'------­

My commission expires _ ___.,__, __ r=='-'--'----

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