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007-07 - Kitsap County - ContractINTERLOCAL AGREEMENT KC- 3�ip-7 THIS AGREEMENT is between City of Port Orchard, (the City) a municipal corporation and Kitsap County; (the County) a municipal corporation, all in the State of Washington. WITNESSETH : WHEREAS, Kitsap County will provide customized GIS Mapping Services to the City of Port Orchard through a shared or part-time staff positron. NOW, THEREFORE, the parties agree as follows: Z. SCOPE OF SERVICES. The purpose of this agreement is to acknowledge the parties' mutual interest as set forth in Attachment A, Scope of Services. The services performed shall not exceed the Scope of Services without prior written authorization from the City. 2. TERMS AND CONDITIONS. All rights. and obligations of the parties to this Agreement shall be subject to and governed by the terms and conditions contained in the text of this Interlocal Agreement, and as may be attached and incorporated herein. 3. PERIOD..OF PERFORMANCE. Subject to its other provisions, the period of performance. of this Agreement shall commence on_April 6, 2007and terminate December.315t, 2007.. This agreement will be automatically renewed each year unless terminated by either party pursuant to paragraph 4. 4. TERMINATIONISUSPENSION. Either party may terminate this agreement upon 30 days written notice. The City may suspend this Agreement, at its sole discretion, upon one week's advance notice to. County. Such notice shall indicate the anticipated period of suspension. Any reimbursement for expenses incurred due to the suspension shall be limited to the County's reasonable expenses, and shall be subject to verification. The County shall resume performance of services under this Agreement at a mutually. agreed upon date when the suspension period ends. 5. REIMBURSEMENT AND PAYMENT. As set forth in Attachment B, 6. Ownership of Work Product. All data materials, reports, memoranda, and other documents. developed under this Agreement whether finished or not shall become the property of City, shall be forwarded to City at its. request- and may be used by City as it sees flit. Upon termination of this Agreement pursuant to paragraph 4 above, all finished or unfinished documents, reports, or other material or work of County pursuant to this Agreement shall be submitted. to City. City agrees that if it uses products prepared by County for purposes other than those intended in this Agreement, it does so at its sole risk and it agrees to hold County harmless therefore. 7. COMPLIANCE WITH LEGAL REQUIREMENTS. Each party accepts responsibility for compliance with ,federal., state or local laws. and regulations. Page t of 5 77 INTii3i© y�4REEM��tT z 8. FILING. Executed copies of this agreement shall be filed as required by Section 39.34.040 of the Revised Code of Washington prior to this agreement becoming effective. 9. NOTICES. All notices and other communications to be given by either. party may be given in writing, depositing the same in the United States mail, postage prepaid and addressed to the appropriate party as follows: oun : Kitsap County Department of Information Services 614 Division Street, MS-21 Port Orchard, WA 98366 Attention: Bud Harris, IS Director QU of Port Orchard: 216. Prospect Street Port Orchard, WA 98366 Attention: Joanne Long -Woods 10. REPORTS, None required. 11: '' NON-DELEGATION/,NON-ASSIGNMENT. Neither party may delegate the performance of any contractual obligation, to a third party, unless mutually agreed in writing. Neither party may assign this agreement without the written consent of the other party. 12. INDEMNIFICATIONIH,QLD HARMLESS. The County shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, -losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the County, its. agents, employees,. or sub- contractors in performance of this Agreement, except for injuries and damages.caused by the sole negligence of the City. This. indemnification and hold harmless shall apply regardless of whether the claim is brought pursuant to the Worker's Compensation Act, RCW Title 51, or otherwise, and the County waives any immunity whatsoever with respect to such indemnification. The City shall defend, indemnify and hold the County, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages,. losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the City, its agents, employees, or sub -contractors in performance of this Agreement, except for injuries and damages caused by the sole negligence of the County. Neither party assumes responsibility to the other party for the consequences of any act or admission of any person, firm or corporation not a party to this agreement. 13, SEVERABILITY. Any provision of this agreement, which is prohibited or unenforceable, shall be ineffective .to the extent.of such prohibition or unenforceability, without Page 2 of 5 invalidating the remaining. -provision or affecting the -validity or enforcement of such provision. 14. ENTIRE AGREEMENT. This Agreement is the entire agreement of the parties and supersedes all prior negotiations and agreements whether writtenor oral, This Agreement may be: amended only by written agreement and no purported oral .amendment to the Agreement shallbe valid. -1 IN WATNESS WHEREOF, this agreement signed by the parties this ay of J 2007. MUWICIPAL AGENCY ''BOARD OF COUNTY COMMISSIONERS -A Kim Abel, Mayor ATTEST: ..Michelle Merlino, City Clerk Approved/Recommended: 4 M-.: A cr�,�k 11. W-1 KITSAP COUNTY, WASHINGTON..� 0 7 Jo Brown, &�air Jan A commissioner Stephen B uer, Commissioner Appro , 'v)d as YForm: D(6l5u'ty Prosek"uting Attorney Attachment A: Scope of Services • Kitsap County Department of Information Services will provide: GIS Services which may include the following: o Custom mapping and GIS analysis to support land use.planning; cadastral,.permitting, utilities, notifications, emergency response o GIS data development and analysis of County and City GIS data .to support City planning o Development and maintenance of GIS data layers to support City planning o Development.of GIS and CAD standards for City Planning & Public Works o Development and maintenance of CAD drawings to support the:.City Public Works o Printing and plotting of existing City maps and drawings The County will provide the above services solely at the direction and request of the City. Scheduling delivery of the requestedservices. wil I be coordinated at the time the: service request . is submitted. that City shall not: be responsible for services provided that were not done pursuant to its direction. • City of Port orchard is responsible for or will provide: o Access to City planning & Public works GIS, CAD data, and drawings as necessary to fulfill work requests o Access to City Planning and Public Works staff as necessary to fulfill work requests Attachment B: REIMBURSEMENT AND PAYMENT • City of Port Orchard will pay: GIS Mapping Services Fees: Rate subject to change annually to address inflation. County to provide City ninety days advance written notice of rate change. 63.89 er hour for GIS. Anal st & CAD Services Plus applicable taxes Other Expenses: 0.485 per mile (mileage) $0.03 per co B/W 0.15. 2,er ca . colo.r 20.00. per ea. 30"x 42" color ma initial co $1.00per s , ft. ea. Additional map copy Plus applicable taxes When requested, the County will provide estimates of costs for any given task. The County agrees that it will not exceed these estimated costs without the prior written authorization of the City. Paqe 5 of 5