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HomeMy WebLinkAbout201611021 Interlocal Agreement + Whatcom County Contract No. Aol(a/I o.a INTERLOCAL AGREEMENT For Work Crew Services by and between The City of Anacortes and Whatcom County THIS INTERLOCAL AGREEMENT(the"Agreement")is entered into by and between the City of Anacortes and Whatcom County pursuant to the Washington Interlocal Cooperative Act,Chapter 39.34 RCW. I. PURPOSE: This Agreement between the City of Anacortes and Whatcom County is for the utilization of a Jail Work Crew for the purpose of assisting with ivy removal from city parks specifically Rotary Park. This agreement will define the services provided by each party as well as the compensation for these services. II. PAYMENT: Whatcom County shall be paid in accordance with Exhibit A. III. SERVICES: Whatcom County agrees to furnish a Jail Work Crew to the City of Anacortes for the purpose of ivy removal at Rotary Park as defined by the City of Anacortes. A. The County Shall perform services as follows: 1. Provide one offender crew averaging five (5) persons, plus a staff crew chief to direct and monitor the work of ivy removal. Safety will be a primary concern and may be cause to refuse or terminate activities. 2. Provide transportation of crew members, staff and tools for this assigned project, plus crew member safety clothing of reflective vest, safety helmet, rain gear, gloves, plus eye and ear protection for safe equipment operation.Exhibit B. 3. Provide Worker's Compensation insurance coverage for the County Jail Work Crew members to the full extent required by law. B. The City of Anacortes shall perform services as follows: 1. Provide the schedule of projects to be completed by the County Jail Work Crew. 2. Provide the list of duties,location,and priorities of the job to be completed. 3. Provide technical,staff and equipment support and direction on the project. 4. Using best practices provide specialized tools and supplies or conduct the duties necessary to complete tasks the Jail Work Crew cannot accomplish with tools standard to the work crew vehicle listed in Exhibit B. 5. Provide equipment, supplies, and cost responsibility for disposal of all project materials as necessary. 6. Provide staff to review the project activities to ensure they meet quality consistent with the City of Anacortes standards. IV. TERM: The term of this Agreement shall commence on the first day of November, 2016, and shall, unless terminated or renewed as elsewhere provided in the Agreement,terminate on the thirty-first day of December 2016. Scheduled projects will not exceed a total of 4 ten hour days within this time period. Work Crew/City of Anacortes 2016 1 V. MODIFICATIONS: Either party may request changes to this Agreement. Any and all modifications, to be valid and binding upon either party,shall be in writing and signed by both of the parties. VI. FUNDS: Funds for the payment of services to be rendered under this Agreement will be provided by the City of Anacortes. VII. ADMINISTRATION: No new or separate legal or administrative entity is created to administer the provisions of this Agreement. VIII. LEGAL RELATIONSHIP: This Agreement does not create an employer-employee relationship between the City of Anacortes and Whatcom County or the City of Anacortes and any member of the County Jail Work Crew. IX. MUTUAL INDEMNITY: 1. To the extent of its comparative liability,each party agrees to indemnify,defend and hold the other party,its elected and appointed officials,employees,agents and volunteers,harmless from and against any and all claims,damages, losses and expenses,including but not limited to court costs,attorney's fees and alternative dispute resolution costs,for any personal injury, for any bodily injury,sickness,disease or death and for any damage to or destruction of any property(including the loss of use resulting therefrom)which are alleged or proven to be caused by an act or omission,neglect or otherwise,of its elected and appointed officials,employees, agents or volunteers. In the event of any concurrent act or omission of the parties,each party shall pay its proportionate share of any damages awarded.The parties agree to maintain a consolidated defense to claims made against them and to reserve all indemnity claims against each other until after liability to the claimant and damages, if any,are adjudicated. If any claim is resolved by voluntary settlement and the parties cannot agree upon apportionment of damages and defense costs,they shall submit apportionment to binding arbitration. 2. Survival of Indemnity Obligations.The parties agree all indemnity obligations shall survive the completion,expiration or termination of this Agreement. X. RECORDING: Whatcom County shall promptly record this Agreement with the Auditor's Office in accordance with Chapter RCW 39.34. XI. RESPONSIBLE PERSONS: The persons responsible for administration of this Agreement shall be the Whatcom County Sheriff and the City of Anacortes Parks and Recreation Director. XII NOTICES: All notices required to be given under this Agreement shall be given in person or by mail, delivered to the following addresses: City of Anacortes Whatcom County Parks and Recreation Sheriffs Office Attention:Jonn Lunsford Attention: Bill Elfo PO Box 547 311 Grand Ave. 904 6th St. Bellingham, WA 98225 Anacortes,WA 98221 Work Crew/City of Anacortes 2016 2 EXECUTED this [7T" day of AJo y¢,4(y,201 G for WHATCOM COUNTY by: Recommend for Approval: /a /0 B l E1fo, ate Approved as to form: Prosecuting Attorn Date Approved: By: [l [7/I40 Jack Louws, Whatco out Exec ive Date STATE OF WASHINGTON) )ss COUNTY OF WHATCOM ) On this /?IA day of 20/1,before me personally appeared JACK LOUWS,to me known to be the EXECUTIVE OF WHATCOM COUNTY,who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. \`o w y ' �� pTA -;,� NOTARY PU IC in and for the tate of Washington, 0 `� R y 11• _residing at_ „ ,�.�. . My A G • ::-'Commission expires /2.-3l-/C S. Nam•. UB1-� • p Or u WAS kro'S Work Crew/City of Anacortes 2016 3 EXECUTED this_ - day of _OAKli' ,20 t1, for the CITY OF ANACORTES by Recommended for Approval: to 2Y 261 D .ctor of Parks and Recreation Date Approved as to form: i ttorne Dat Approved: Mayor Date STATk..OF WASHINGTON ) )ss COUNTY OF SKAGIT ) On this_ASliday of 04111 ,20/4,before mc personally appeared aM1'1-Q ITC(' _ _ ,to me known to be the MAYOR of the City of Anacortes who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. G,,�,,sRR�I..,�Ny s"V 'Pi, p;, NOTARY PUBLIC ' a for the State of Washington, cn a, • • a 5 residing at y commission expires O , p 41",,, _,,,,,,, � r /,hllllwASN\N`���` Work Crew/City of Anacortes 2016 4 EXHIBIT A (COMPENSATION) 1. The Whatcom County Sheriffs Office will be compensated at the rate of$425.00 per 10-hour day per offender work crew provided by it to the City of Anacortes. Scheduled projects will consist of 4 ten hour days.The contract compensation will be$1,700.00. 2. The Whatcom County Sheriffs Office will invoice the City of Anacortes with supporting documentation,specifying the dates offender crews were provided. 3. The City of Anacortes will compensate the Whatcom County Sheriffs Office within 30 days of submittal of an invoice with appropriate support documentation. Work Crew/City of Anacorte 2016 5 • EXHIBIT B (SUPPLIES) EFFECTIVE DATE: January 1,2016 RE: Standard Trailer Inventory SHERIFF'S OFFICE OFFENDER CREW INVENTORY STANDARD TOOLS INVENTORY VAN: First Aid Kit Traffic Cones 6 CREW LEADER: First Aid Kit(trail pack type) 1 Phone 1 TRAILER: 5 Gallon Water Container w/cup holder 5 Gallon Gas Can 1 1 Gallon Gas Can 2 Pry Bar 2 Pulaski Axes 7 Wheelbarrows(w/hard tires) 2 Push Broom(road) 1 15"Hand Weeders 7 Anvil Pruners 7 Bow Saw(21") 1 Pitchfork D handle 3 Garden Rakes 2 Leaf Rakes 4 Shovels,Flat 4 Shovels, Round 7 Shovels,Grain 2 Sledge Hammer 2 Weed Eaters 5 Hard Hat w/face shield and ear 7 Rain Gear 7 Safety Vests 8 Boots(safety toe) 8 Gloves 14 Ear Plugs(box 200) 1 Safety Glasses 7 Work Crew/City of Anacorte-2016 6