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Home My WebLink AboutIL161 Interlocal Agreement INTERLOCAL AGREEMENT FOR MUTAL AID AND COOPERATION OF SEWER JET TRUCK BETWEEN THE CITY OF OAK HARBOR,WASHINGTON AND THE CITY OF ANACORTES,WASHINGTON THIS AGREEMENT is made and entered into this l 7 day of v , 2013, by and between the CITY OF OAK HARBOR, WASHINGTON, a municipal corporation, hereinafter referred to as "Oak Harbor", and the CITY OF ANACORTES, WASHINGTON, a municipal corporation, hereinafter referred to as"Anacortes". WINESSETH: WHEREAS, Anacortes desires to rent a sewer jet truck, also referred to as the Vactor, from Oak Harbor in case of an emergency; and WHEREAS, Oak Harbor desires to rent a sewer jet truck, also referred to as the Vactor, from Anacortes in case of an emergency; and WHEREAS, the Interlocal Cooperation Act, as amended and codified in Chapter 39.34 RCW provides for interlocal cooperation between government agencies. NOW,THEREFORE, in consideration of the mutual agreements and covenants herein contained, the parties agree as follows: Purpose: The purpose of this agreement is to establish mutual aid and cooperation in allowing both Oak Harbor and Anacortes to utilize one another's Vactor trucks in case of an emergency. Responsibilities of Oak Harbor: Oak Harbor shall have the following duties and responsibilities under this Agreement: 1. Oak Harbor shall provide a Sewer Jet truck with an operator for use by Anacortes, at the discretion of the City of Oak Harbor's Public Works Director, and shall be allowed only if such rental does not interrupt or interfere with Oak Harbor's regularly scheduled or emergency sanitary sewer or storm sewer maintenance activities. 2. Oak Harbor shall provide the Vactor fully fueled and ready to operate by a certified operator who will also transport the Vactor to the designated Anacortes facility. 3. Oak Harbor shall be responsible for all maintenance of their Vactor. 4. Oak Harbor shall invoice Anacortes for the use of the Vactor on a monthly basis. 5. Oak Harbor shall provide a location for Anacortes to decant and empty debris collected while doing work in Oak Harbor. 6. Oak Harbor shall provide a location to fill up Anacortes' Vactor with clean water, at no charge,for the operation of Anacortes'Vactor in Oak Harbor. Responsibilities of Anacortes: Anacortes shall have the following duties and responsibilities under this Agreement; 1. Anacortes shall provide a Sewer Jet truck with an operator for use by Oak Harbor, at the discretion of the Public Works Director, and shall be allowed only if such rental does not interrupt or interfere with Anacortes' regularly scheduled or emergency sanitary sewer or storm sewer maintenance activities. 2. Anacortes shall provide the Vactor fully fueled and ready to operate by a certified operator who will also transport the Vactor to the designated Oak Harbor facility. 3. Anacortes shall be responsible for all maintenance of their Vactor. 4. Anacortes shall invoice Oak Harbor for the use of the Vactor on a monthly basis. 5. Anacortes shall provide a location for Oak Harbor to decant and empty debris collected while doing work in Anacortes. 6. Anacortes shall provide a location to fill up Oak Harbor's Vactor with clean water, at no charge,for the operation of Oak Harbor's Vactor in Anacortes. Representation,Warranties,and Indemnities: A. Oak Harbor represents and warrants to Anacortes that it has authority to enter into this Interlocal Agreement pursuant to RCW 39.34.030(2). B. Anacortes represents and warrants to Oak Harbor that it has authority to enter into this Interlocal Agreement pursuant to RCW 39.34.030(2). C. It is understood and agreed between the parties hereto that both Oak Harbor and Anacortes agree to protect, defend, indemnify and hold harmless one another, its council, agents, departments and employees against any and all liabilities, claims, damages, penalties, actions, costs, and expenses (including reasonable attorney's fees) which may arise for any reason as a result of the performance of the Agreement by either party. Duration of Agreement. This agreement will not expire unless terminated by either party. Termination of Agreement. Either party may terminate this Agreement, by providing written notice to the designated contact for each party identified in the "Notices" section of this Agreement. This written notice must be served on the other party within thirty days(30)of the date of termination. Partial Invalidity. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. Any provisions of this Agreement, which shall prove to be invalid, void, or illegal, shall in no way affect, impair, or invalidate any other provisions herein, and such other provisions shall remain in full force and effect. No Third-Party Rights. Except as expressly provided herein, nothing in this Agreement shall be construed to permit anyone other than the parties hereto and their successors and assigns to rely upon the covenants and agreements herein not to give any such third party a cause of action (as a third-party beneficiary or otherwise) on account of nonperformance hereunder. Assignability. The rights, duties, and other obligations of either party to this Agreement may not be assigned to any third party without the prior written consent of the other party, which consent shall not be unreasonably withheld. Interlocal Cooperation Act. No special budget or funds are anticipated, nor shall be created. It is not intended that a separate legal entity be established to conduct this cooperative undertaking, nor is the acquisition, holding, or disposing of real or personal property other than as specifically provided within the terms of this Agreement anticipated. Oak Harbor shall be designated as the Administrator of this Interlocal Agreement. Entire Agreement. This Agreement and any amendments thereto mutually agreed to by the parties, constitutes the entire Agreement between the parties hereto and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties. Either party may request changes to the Agreement. Proposed changes that are mutually agreed upon shall be incorporated by written amendment hereto. Insurance. Each party shall maintain in effect insurance with limits in the amount each entity currently has in place. Dispute Resolution. It is the parties' intent to resolve any disputes relating to the interpretation or application of this Agreement informally through discussions at the staff level. In the event disputes cannot be resolved informally at the staff level,then the parties agree to first submit the dispute to non- binding mediation/dispute resolution before resorting to litigation. Litigation. In the event that any suite or action is instituted by either party to enforce compliance with or interpret any of the terms, covenants, or conditions of this Agreement,the prevailing party shall be entitled to collect, in addition to necessary court costs, such sums as the court may adjudge as reasonable attorney fees. The venue for any action to enforce and interpret this Agreement shall lie in the Superior Court for Island County,Washington. Notices. All notices and demands shall be in writing and sent to the parties hereto at their address as follows: To Oak Harbor: To Anacortes: Cathy Rosen � U"a6 `' i�° r Public Works Director t 3i t c i S. be-&c" 865 SE Barrington Drive fC Oak Harbor,WA 98277 V' Cc'` "� Filing of Agreement. 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. Evidence of Authority. Upon execution of this Agreement, Oak Harbor shall provide Anacortes and Anacortes shall provide Oak Harbor with a copy of the resolution, ordinance, or other authority given to execute this Agreement pursuant to RCW 39.34.030(2), and said document with be attached hereto and incorporated herein as Exhibit"A" (Oak Harbor) and Exhibit"B" (Anacortes). IN WITNESS WHEREOF said parties have caused this Agreement to be signed by the duly authorized officials on the day and year)first above written. ENTERED this day off�)7Lt-c< _,201 '. CITY OF OAK HARBO a 7z_fa ATTESTS City Clerk APPROVED AS TO FORM: City Attorney CITY OF ANACORTES M(601- '444 Mayor r 4,17 ATTEST: City Clerk APPROVED AS TO FORM: - Cit