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064-18 - Kitsap County - ContractKC-041-14-A Contract No. 064-18 INTERLOCAL AGREEMENT KC-041-14-A BETWEEN KITSAP COUNTY AND THE CITY OF PORT ORCHARD REIMBURSABLE WORK This Interlocal Agreement is made and entered into pursuant to the provisions of Chapter 39.34 RCW by and between the County of Kitsap (hereinafter County) and the City of Port Orchard (hereinafter City). I. RECITALS 1. WHEREAS, the County and City have Departments of Public Works which employs persons and services which specialize in certain types of Public Works projects, and own certain types of specialized equipment; 2. WHEREAS, both entities may from time to time find it advantageous or desirable to have certain work performed by the other Departments of Public Works; 3. WHEREAS, both entities will benefit from cooperation in public works projects in this manner; 4. WHEREAS, Chapter 39.34 RCW provides that local jurisdictions may enter into cooperative agreements for their mutual benefit; Now, therefore, the County and the City, through their respective legislative bodies, do hereby agree as follows: 1. PURPOSE OF AGREEMENT: The purpose of this agreement is to provide for cooperation between the County and the City in Public Works projects by allowing the County or City to request that certain work be performed by the other's Department of Public Works. 2. ADMINISTRATION OF THE AGREEMENT: The Kitsap County Department of Public Works will administer this agreement. 3. DURATION OF AGREEMENT; This agreement shall take effect -upon execution of the agreement by both the County and the City and shall remain in effect for five (5) years from the date of execution by the County, provided, however, that this agreement may be renewed after three years by mutual agreement by the County and the City. 4. TERMINATION OF AGREEMENT: Either the County or the City may terminate this agreement by giving ten days written notice to the other party. 5. REQUEST FOR SERVICES: Whenever the County or City desires to obtain work from the other Department of Public Works pursuant to the agreement, the requester shall make a request for said work or equipment in writing upon a form supplied by the County, copies of which are attached to this agreement as Exhibit A and B. KC-041-14-A 6. REVIEW OF REQUEST: The requested Exhibit A/B's scope of work will be reviewed by the service provider's Public Works Director or their designee to ensure that the requested work can be completed in a timely and efficient manner. The Public Works Director of the service provider, or their designee, have the final decision as to required manpower and equipment needs. 7. APPROVAL OF REQUEST: The service provider's Director of Public Works, or their designee, approves the work request, using Exhibit A or B. 8. FULLFILLMENT OF REQUEST: If the service provider's Public Works Director approves the request, as set forth in this agreement, the service provider will perform the work requested. It is understood that the requested work will be done at the convenience of the service provider's Department of Public Works. 9. COUNTY AND CITY EMPLOYEES/CONTRACTORS: County and City employees/contractors assigned to Public Works projects pursuant to this agreement, remain employees/contractors of the County or City at all times and shall perform the work requested under sole supervision of the service provider. County and City employees/contractors shall use only approved equipment and materials in performance of Public Works projects pursuant to this agreement. 10. FINANCIAL RESPONSIBILITY: The service requester shall be solely responsible for all costs of the service requester's project and administration of all grant funds, if any, related to the service requester's project. 11. REIMBURESMENT: The service requester shall reimburse the service provider for all costs of direct and indirect labor (including fringe benefits), administration, equipment rental, engineering, materials, and supplies for the Public Works performed pursuant to this Agreement. The service provider shall submit a statement to the service requester after performance or delivery and within thirty (30) days, the service requester shall remit thereon. 11. HOLD HARMLESS: The service requester shall defend, indemnify and hold harmless at the service requester's sole expense, the service provider, its elected and appointed officials, officers employees and agents, from and against any and all claims, actions, demands, losses, damages, liabilities and cost, including but not limited to, attorney's fees and litigation costs, arising out of the performance of this agreement, whether the demand, loss or claim is due to the negligence of the service provider, its elected and appointed officials, officers, employees, agents, or third parties, except that the service requester shall not be liable for injury or damages caused by the sole negligence or willful misconduct of the service provider, its elected or appointed officials, officers, employees, or agents. 12. INSURANCE: The service provider may require, as a condition of performance of Public Works, that the service requester obtain public liability insurance naming the service provider as an additional insured. If service provider so requires it shall notify the service requester and give the service requester the option to withdraw its request. KC-041-14-A Dated this day of AW US-t— CITY OF PORT ORCHARD BOARD OF COUNTY COMMISSIONERS ',�;a`_ — - Rob Putaansu'u, Mayor Approval as of Form ]V•• _Y. horney ATTEST: r 41 11 1jVVNT 11�1! ity tlerk _*` �.�'PQAq.0r'", SErz ft. AL . KITSAP COUNTY, WASHINGTON Robert Gelder, C air IiPv� Edward E. Wolfe, Cornmissioner Charlotte Garrido, Commissioner ATTEST: 1 1 Dana Daniels, Clerk of the Board KC-041-14-A EXHIBIT "A" REQUEST AND AGREEEMENT FOR REIMBURSABLE WORK PERFORMED BY KITSAP COUNTY DEPARTMENT OF PUBLIC WORKS The undersigned hereby requests that the following described work and/or service be performed by the Kitsap County Department of Public Works for the agency and/or department shown below. It is understood that this work will be done at the convenience of the Department of Public Works and that the undersigned agency and/or department will reimburse all costs. DESCRIPTION OF WORK OR SERVICES REQUESTED: Estimate attached: Yes No Projected completion date: Total Cost Not to Exceed: $ The undersigned certifies that sufficient budgeted funds are available to cover the cost of the requested work and/or services, and that payment to the Kitsap County Department of Public Works will be made promptly unless otherwise modified in this agreement. REQUESTING AGENCY: Address: Phone. Requested by Signature: APPROVED BY: Fax: Name (Please Print) Title (Please Print) Date: ACTION OF KITSAP COUNTY PUBLIC WORKS Public Works Director or Designee KC-041-14-A EXHIBIT "B" REQUEST AND AGREEEMENT FOR REIMBURSABLE WORK PERFORMED BY CITY OF PORT ORCHARD The undersigned hereby requests that the following described work and/or service be performed by the City of Port Orchard for the agency and/or department shown below. It is understood that this work will be done at the convenience of the City and that the undersigned agency and/or department will reimburse all costs. DESCRIPTION OF WORK OR SERVICES REQUESTED: Estimate attached: Yes No Projected completion date: Total Cost Not to Exceed: $ The undersigned certifies that sufficient budgeted funds are available to cover the cost of the requested work and/or services, and that payment to the City of Port Orchard will be made promptly unless otherwise modified in this agreement. REQUESTING AGENCY, Address: Phone: Requested by Signature: APPROVED BY Signature: Name (Please Print) Title (Please Print) Date: ACTION OF CITY OF PORT ORCHARD Title: Date Kitsap County Department of Public Works 614 Division Street, MS-26 Port Orchard, WA 98366 360.337.5777 City of Port Orchard 216 Prospect Street Port Orchard WA 98366 Copies Date Number 1 8/21/18 KC-041-18-A TRANSMITTAL LETTER DATE: August 21, 2018 ATTN: Nick Bond, Community Development Director Description Executed ILA for Reimbursable Services/Exhibits A & B Please contact me if you have any questions. THANKYOU "'► Cindy Keiser, Office Specialist 360-337-5682 ckeiser(fto.kitsap.wa.us