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HomeMy WebLinkAboutIL159 Interlocal Agreement AGREEMENT Between Anacortes School District and the City of Anacortes 1. INTRODUCTION WHEREAS, the Anacortes School District and the City of Anacortes jointly constructed and share operations of a maintenance facility, and provide similar services in the maintenance of transportation vehicles. WHEREAS, the Anacortes School District is in need of supplemental maintenance services on current bus and vehicle fleet, the district is responsible for. II. PURPOSE The purpose of this agreement is to provide shared mechanic services between the two entities, as authorized by applicable laws. The intent of the parties is for the City of Anacortes mechanic staff to provide vehicle maintenance services to the Anacortes School District on an as needed basis. The primary purpose of the services is to assist in emergency situations, as scheduled and agreed upon by both parties. III. FINANCINGICOSTSIRATES The Anacortes School District shall reimburse the City of Anacortes based on the following average wage/benefit rate per hour: For calendar year 2012 the average wage rate is $51.49 plus [5% administrative fee of] $2.57 per hour. Subsequent wage rates will automatically update to reflect the current year wage rates. Overtime, Emergency callouts, and Holiday work will be billed and reimbursed per the current union contract and personnel policy of the city. Payment shall be made within thirty (30) days of invoice. IV. RIGHTS AND OBLIGATIONS OF THE ENTITIES Each entity acknowledges that entering into this agreement, they are causing financial commitments by other parties to occur, and therefore they agree they will not terminate prior to the expiration provisions of part IV below without the consent of Anacortes School District and the City of Anacortes and any other party to this agreement that would suffer financially thereby. In the event of such unilateral termination without consent, the terminating party agrees to indemnify and pay other parties that have not agreed thereto for any financial loss that results from such termination_ V. DISPUTE RESOLUTION Disputes arising out of this agreement shall be resolved in the following manner: 1 The disputing parties may present their arguments to the Superintendent or Mayor of the serving entity, to make a determination, If need be, it may be then referred to the Superintendent or Mayor of the receiving entity. Venue for any lawsuit shall be Skagit County Superior Court. The prevailing party in any action shall receive an award of its costs, including attorney fees. VI. TERM OF AGREEMENT/TERMINATION This agreement is in effect beginning September 1. 2012. This agreement will automatically renew for subsequent years, unless termination is done via 60 days notice prior to the end of the existing year. VII. ASSIGNMENTIWAIVERISEVERABILITY No rights or responsibilities required or authorized by this agreement can be assigned by any party hereto unless otherwise allowed in this agreement. No provision of this agreement, or the right to receive reasonable performance or an act called for by its terms, shall be deemed waived by a breach thereof as to a particular transaction or occurrence. If any term or condition of this agreement or application thereof to any person or circumstance is held invalid such invalidity shall not affect other terms, conditions or applications of this agreement which can be given effect without the invalid terms, condition, or application; to this end the terms and conditions of this agreement are declared severable. VII. SUSPENSION AND DISBARMENT The parties to the Agreement certify, and each relies thereon in execution of this Agreement,that neither their entity nor its Principals are presently disbarred,suspended, proposed for debarment,or declared ineligible or voluntarily excluded from the award of contracts by any Federal governmental agency or department. "Principals",for the purposes of this certification, mean officers, directors, owners, partners, and personas having primary management or supervisory responsibilities within a business entity (e.g., generalmanager, plant manager, head of subsidiary, division, or business segment, and similar positions). Further, each party agrees to provide the other(s) immediate written notice if, at any time during the term of this Agreement, including any renewals hereof, it learns that its certification was erroneous when made or has become erroneous by reason of changed circumstances. Each party's certification via the execution of this Agreement is a material representation of fact upon which each party has relied in entering into this agreement. Should either party determine, at any time during this Agreement, including any renewals hereof, that this certification is false, or should it become false due to changed circumstances, it may terminate this agreement in accordance with the terms and conditions therein. IX WAIVER, INDEMNITY AND HOLD HARMLESS The Anacortes School Dsitrict hereby waives any and all claims against the City of Anacortes, its employees, officials and insurers for any damage to its property caused due to acts or omissions related to this agreement. Additionally, the Anacortes School District save, indemnify and hold harmless the City of Anacortes from any and all claims of personal injury or property damage alleged to have been caused directly 2 or indirectly by any act or omission related hereto. The Anacortes School District furthermore hereby waives its employer immunity under the Washington Industrial Insurance Act to the extent necessary to meet its foregoing obligations to the City of Anacortes. X HEADINGS/SIGNATURES/APPROVALS The heading of each section of this agreement are only provided for the aid to the reader. If there is any inconsistency between the headings and the context,the context will prevail. By signing this agreement, the parties acknowledge that they have read and understand this agreement,and do agree thereto in every particular, The parties further agree that this agreement constitutes the entire agreement between the parties and supersedes all communications, written or oral, heretofore related to the subject matter of this agreement. (//)?151-2"r7 Chris Borgen, Superintendent, Anacortes School District Date 71 . (L1. .._ 01.01,y(v ' // 19 /1 2 Dean Maxwell, Mayor;'City of Anacortes Date Anacortes School District 103 School€3oard Approved OCT 2 5 2012 3 Anacortes School District -2 0, Memorandum 967, r4,6 C'pV.wO 2200 Ni Avenue.Anacortes,Washington 98221 * Phone: 360-293-1200 Fax 360-293-1222* http:/Iwww.asd103.org October 29, 2012 To Whom It May Concern: Enclosed please find two signed copies of our contract; please sign both copies and return one copy to my attention at your earliest convenience. Thank you, r - Jennifer T¢ttenham Anacortes School District 103 Phone: 360-293-1211/ Fax: 360-293-1222 2200 M Avenue Anacortes,WA 98221 itottenham@asd103.org