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HomeMy WebLinkAboutIL230 Interlocal Agreement INTERLOCAL AGREEMENT BETWEEN THE CITY OF ANACORTES AND THE CITY OF MARYSVILLE FOR OUTDOOR VIDEO SERVICES This Interlocal Agreement effective August 26, 2016 between the City of Anacortes, a Washington municipal corporation, herein after referred to as "ANACORTES" and the City of Marysville, a Washington municipal corporation, herein after referred to as "MARYSVILLE", pursuant to the authority granted by Chapter 39.34 RCW. WHEREAS, the City of ANACORTES is the organizer/host jurisdiction of outdoor movie presentations which shall be selected,provided and licensed by City of ANACORTES and presented on August 26, 2016; and WHEREAS,the City of ANACORTES is the owner of the property where the movie will be shown to the community for free; and WHEREAS, the City of MARYSVILLE has sufficient OUTDOOR VIDEO equipment, staff and vehicles to provide OUTDOOR VIDEO SERVICES for public events within the City of Marysville and for other Cities as well; and WHEREAS, the City of ANACORTES desires to utilize the City of MARYSVILLE'S OUTDOOR VIDEO SERVICES; and WHEREAS, this Agreement between Parties is made pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act, for the City of MARYSVILLE to provide OUTDOOR VIDEO SERVICES to the City of ANACORTES to exercise their powers jointly and thereby maximize their abilities to provide services and facilities that will best fulfill common needs and achieve common goals. NOW, THEREFORE, in consideration of the terms and conditions contained herein, ANACORTES and MARYSVILLE agree as follows: 1. SCOPE OF SERVICES A. MARYSVILLE agrees to provide OUTDOOR VIDEO SERVICES to ANACORTES as defined in this Agreement. MARYSVILLE'S performance of said services under this Agreement may be limited by the availability of MARYSVILLE'S personnel and equipment. MARYSVILLE will notify the City of ANACORTES at least 48 hours before the event if it is not able to provide personnel and/or equipment. 1. MARYSVILLE will provide OUTDOORVIDEO SERVICES to ANACORTES. 2.MARYSVILLE will provide the video and audio equipment including movie screen,personnel and vehicles to transport the equipment and personnel to 1 DUPLICATE ANACORTES. MARYSVILLE personnel will operate the video equipment and vehicles. B. ANACORTES will provide the following: 1. An authorized location. 2. Two(2)20 amp circuits for event power. 3. Other services/personnel. C. The date for video services(FILM)will be: 1. Friday,August 26, 2016 E. It is understood and agreed by all parties that MARYSVILLE staff providing services pursuant to this Agreement are acting in their official capacity as employees of MARYSVILLE and shall be under the exclusive direction and control of MARYSVILLE. It is understood and agreed by all parties that ANACORTES staff providing services pursuant to this Agreement are acting in their official capacity as employees of ANACORTES and shall be under the exclusive direction and control of ANACORTES. F. ANACORTES and MARYSVILLE agree to cooperate with all terms and conditions of this Agreement, and shall furnish any information,or other material available to it as may be required in the course of the performance of this Agreement. G. ANACORTES,by this Agreement, and to the extent contained herein, delegates on an as needed, as requested basis to MARYSVILLE the authority to perform on ANACORTES' behalf those services as provided in this Agreement. 2. COMPENSATION/FEES A. ANACORTES will pay MARYSVILLE per performance for the use of the employees, equipment and vehicles in the amount of$600.00 per date. B. ANACORTES will pay MARYSVILLE 25% of the event fee in the event ANACORTES cancels an event with less than 12 hours phone notice to MARYSVILLE as provided in Section 8 (C) (2) of this Agreement. C. MARYSVILLE shall bill ANACORTES monthly and ANACORTES shall pay MARYSVILLE within thirty(30)days receipt of the bill. 2 3. AMENDMENTS/MODIFICATION Provisions within this Agreement may be amended with the mutual consent of the parties hereto. No additions to, or alterations of,the terms of this Agreement shall be valid unless made in writing, formally approved and executed in the same manner as this Agreement. 4. INDEMNIFICATION AND LIABILITY A. Indemnification: 1. ANACORTES will at all times indemnify and hold harmless and defend MARYSVILLE,their elected officials, officers, employees, agents and representatives, from and against any and all lawsuits, damages, costs, charges, expenses,judgments and liabilities, including attorney's fees (including attorney's fees in establishing indemnification), collectively referred to herein as "losses" resulting from, arising out of, or related to one or more claims arising out of negligent acts, errors, or omissions of ANACORTES in performance under this agreement. 2. MARYSVILLE will at all times indemnify and hold harmless and defend ANACORTES,their elected officials, officers, employees, agents and representatives, from and against any and all lawsuits, damages, costs, charges, expenses,judgments and liabilities, including attorney's fees (including attorney's fees in establishing indemnification),collectively referred to herein as "losses"resulting from, arising out of, or related to one or more claims arising out of negligent acts, errors, or omissions of MARYSVILLE in performance under this agreement. 3. The term "claims" as used herein shall mean all claims, lawsuits, causes of action, and other legal actions and proceedings of whatsoever nature, involving bodily or personal injury or death of any person or damage to any property including, but not limited to, persons employed by MARYSVILLE, ANACORTES, or other person and all property owned or claimed by MARYSVILLE, ANACORTES, or affiliate of thereof, or any other person; except for those losses or claims for damages solely caused by the negligence or willful misconduct of MARYSVILLE or ANACORTES, their elected and appointed officials, officers, employees or agents. B.NOTHING HEREIN SHALL REQUIRE OR BE INTERPRETED TO: 1. Waive any defense arising out of RCW Title 51 2. Limit or restrict the ability of any City or employee or legal counsel for any City or employee to exercise any right, defense or remedy which a party to a lawsuit may have with respect to claims or third parties, including,but not limited to, any good faith attempts to seek dismissal or legal claims against a party by any proper means allowed under the civil rules in either state or federal court. 3 3. Cover or require indemnification or payment of any judgment against any individual or Party for intentional or wrongful conduct outside the scope of employment of any individual or for any judgment for punitive damages against any individual or city. Payment of punitive damage awards, fines or sanctions shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her municipal employer, should that employer elect to make said payment voluntarily. This agreement does not require indemnification of any punitive damage awards or for any order imposing fines or sanctions. C. The provisions of this section shall survive the expiration or termination of the Agreement. 5. INSURANCE INSURANCE 1. Both parties to this Agreement shall maintain public liability insurance. Both parties are members and insured through the Washington Cities Insurance Authority (WCIA) and shall maintain their membership throughout the term of this Agreement. 2. Such insurance shall not be reduced or canceled without forty-five(45) days written notice from the other party. Reduction or cancellation of the insurance shall render this Agreement void. 3 Upon request by one party to the other, the party receiving such request shall provide to the party making such request proof of insurance coverage from WCIA verifying that party is a covered member in good standing. 6. INDEPENDENT CONTRACTOR A.Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between ANACORTES and MARYSVILLE or any of ANACORTES' or MARYSVILLE's agents or employees. ANACORTES shall retain all authority for rendition of services, standards of performance, control of personnel, and other matters incident to the performance of services by ANACORTES pursuant to this Agreement. MARYSVILLE shall retain all authority for rendition of services, standards of performance, control of personnel, and other matters incident to the performance of services by MARYSVILLE pursuant to this Agreement. B.Nothing in this Agreement shall make any employee of ANACORTES a MARYSVILLE employee for any purpose, including,but not limited to, withholding of taxes, payment of benefits,worker's compensation pursuant to Title 51 RCW, or any other rights or privileges accorded ANACORTES or employees by virtue of their employment. 4 Nothing in this Agreement shall make any employee of MARYSVILLE an ANACORTES employee for any purpose,including,but not limited to,withholding of taxes, payment of benefits,worker's compensation pursuant to Title 51 RCW,or any other rights or privileges accorded MARYSVILLE employees by virtue of their employment. 7. LEGAL RELATIONS A. The prevailing Party in any action to enforce any provision of this Agreement or to redress any breach hereof shall be entitled to recover from the other party its costs and reasonable attorney' fees incurred in such action. B. The Parties shall comply with all federal, state and local laws and ordinances applicable to work to be done under this agreement. This Agreement shall be interpreted and construed in accordance with the laws of Washington. Venue for any action commenced relating to the interpretation,breach or enforcement of this agreement shall be in Snohomish County Superior Court. C. The parties agree that, following reasonable attempts at negotiation and compromise, any unresolved dispute arising under this contract may be resolved by a mutually agreed upon alternative dispute resolution of arbitration or mediation. 8. DURATION/TERMINATION/NOTICE/EMERGENCY NOTICE A. This Agreement will become effective on the date of affixing the last signature hereto and shall remain in effect for a period of six months, subject to renewal. B. Either party may terminate this Agreement, for any reason,upon providing thirty(30) days written notice to the other party, in which case each City shall pay the other City for all services provided up to and including the date of termination. C.Notices 1. Required notices,with the exception of legal process, shall be given in writing to the following respective addresses: City of MARYSVILLE: 6915 Armar Road Marysville,WA 98270 City of ANACORTES: 904 Sixth Street Anacortes, WA 98221 2. Event Cancellation Notice via Phone/Emergency Contact: 5 The below named individuals are designated as the representatives of the respective parties. The representatives shall be responsible for administration of this Agreement. In the event a representative is changed,the party making the change shall notify the other party. MARYSVILLE: Name: Lauren Woodmansee,Recreation Coordinator Phone Number: 360-363-8408 ANACORTES: Name: Nicole Johnston, Recreation Coordinator Phone Number: 360-299-1967 D. Termination shall not affect the rights and obligations of the parties under Sections 4, 5, 6 and 11 of this Agreement. 9. WAIVER No term or provision herein shall be waived and no breach excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. 10. ENTIRE AGREEMENT This Agreement, including any exhibits and documents referenced herein, constitutes the entire agreement between the parties, and supersedes all proposals, oral or written, between the parties regarding plan review and inspection services. 11. PRIVILEGES AND IMMUNITIES All privileges and immunities from liability, exemption from ordinances, rules, laws, all pension, disability,workers compensation and other benefits which apply to the activities of MARYSVILLE employees while performing their functions within the territorial limits of MARYSVILLE shall apply to them to the same degree and extent while they are engaged in the performance of any of their authorized functions and duties within ANACORTES under the provisions of this Agreement. 12. THIRD PARTY BENEFICIARY STATUS The parties agree that this Agreement shall not confer third-party beneficiary status on any non-party to this Agreement. 13. SEVERABILITY If any provision of this Agreement or its application to any person or circumstance is held invalid,the remainder of the provision and/or the application of the provisions to other persons or circumstances shall not be affected. 14. APPROVAL AND FILING APPROVAL AND FILING. Each party shall approve this Agreement pursuant to the laws of the governing body of said party. The attested signature of the officials identified below shall constitute a presumption that such approval was properly obtained. A copy of this Agreement shall be filed with the Snohomish County Auditor's office pursuant to RCW 39.34.040. (REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.) 6 IN WITNESS WHEREOF,the parties have signed this Agreement, effective on the date indicated below. CITY OF MARYSVILLE CITY OF ANACORTES J N NEHRING,Mayor LAURIE GE Mayor Date: C1/I � ��p Date: Attest(' ttest Attest: if d__.9 ity Clerk STEV N D. HOGLUND, City Clerk A. roved as to form: Approved as to form: JON WAL'ER City Attorney Y S M City Attorney Attorney for the City of MARYSVILLE Attorney for City of ANACORTES 7