HomeMy WebLinkAbout22-180-PRK-001 Interlocal Agreement DocuSign Envelope ID:456E9025-3234-4AAB-8372-FAB8C8373C2F
COA #22-180-PRK-001
AGREEMENT BETWEEN
THE CITY OF ANACORTES
AND THE CITY OF MARYSVILLE
FOR OUTDOOR VIDEO SERVICES
This Agreement("Agreement") is made and entered into as of the date of the last signature below,by
and 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.".
WHEREAS, the City of ANACORTES is the organizer/host jurisdiction of j outdoor movie
presentations which shall be selected, provided and licensed by City of ANACORTES and presented
on September 2, 2022; and
WHEREAS, the City of ANACORTES is the owner of the property where the move 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 I
WHEREAS, the City of ANACORTES desires to utilize the City of MARYSVILLE'S OUTDOOR
VIDEO SERVICES,
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. MARYSVILL E'S perfornia lice of said services Linder
this Agreement may be limited by the availability ofMAIZYSVILLE'S personnel and
e quipir-rcrrt. MARYSVILLE will Irotify the Cily of,ANACOR I ES at least 48 h0L11-s
l)eforc the cvcnt if i,t is not able to provide personnel and/or equipment.
1. MARYSVILLE will provide OUTDOOR VIDEO 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
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.
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3. Other services/personnel
C. The date for video services (FILM) will be:
1. Friday, September 2"d, 2022
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 er'ip, oyoe 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.
2. COMPENSATION/FEES
A. ANACORTES will pay MARYSVILLE per performance for the use of the
employees, equipment and vehicles in the amount of$750.00 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.
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C. MARYSVILLE shall bill ANACORTES and ANACORTES shall pay
MARYSVILLE within thirty (30) days receipt of the bill.
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 bevalid 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, its 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), resulting from or
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arising out of the acts, errors, or omissions of ANACORTES in performance
under this agreement.
2. MARYSVILLE will at all times indemnify and hold harmless and defend
ANACORTES, its elected officials, officers, employees, aage�lats and
representatives, from and against any and all lawsuits, damages, costs,
charges, expenses,judgments and liabilities, including attorne 's fees
(including attorney's fees in establishing indemnification), restAting from or
arising out of the acts, errors, or omissions of MARYSVILLE in performance
under this agreement.
3. The tern "claims" as used herein shall mean all claims, lay suits„ causes of
action, and other legal actions and proceedings of whatsoever nature,
involving bodily or personal injury or death of any person of 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 clauses or third parties, including, but raot
limited to, aray 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. Cover or require indemnification or payment of any Judgment against airy
individual or Party for intentional or wrongful condurct outside the scope of
employment of any individual or for any judgment for punitive damages
against any individual or city. Payment of"paaraitivc damaage awards, [Ines or
sanctions shall be the sole responsibility of the individual against whoin 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 lany order
imposing fines or sanctions.
C. The provisions of this section shall survive the expiration or termination of the Agreement.
5. INSURANCE
A. Each Partyshall maintain its own insurance and/'or self-insurance for° its liatb.ilrties
from darnaage to property and /or injuries to persons arising out of its activities
associated with this Agreement as it deerns reasonably appropriate arld prudent. The
maintenance, or lack thereof, of insurance and/or scif-insurarrace shall not; lrrrrlt eithea
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Party's potential liability to the other as contemplated by Section 4. each Party shall
provide the other with a certificate of insurance or letter of self-insurance as the case
may be upon request.
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B. Such insurance shall not be reduced or canceled without forty-five (45') days written
notice from the other party. Reduction or cancellation of the insuranc6 shall render
this Agreement void.
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 perform arice 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 purposc, including,,but not limited to, with regards
to withholding of taxes,payment of benefits, or worker's compensation pursuant to
Title 51 RCW.
Nothing in this Agreement shall snake any employee of MARYSVILLE an
ANACORTES employee for any purpose, including,but not limited for with regards
to withholding of taxes, payment of benefits, or worker's compensation pursuant to
Title 51 RCW.
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's 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 WaslringtonNentle for any
action commenced relating to the interpretation,breach or enforcement of this
agreement shall be in Snohomish County Superior Court.
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C, The parties agree that, following reasonable attempts at negotiation artd compromise,
any unresolved dispute arising under this contract may be resolved bya mutually
agreed upon alternative dispute resolution of arbitration or mediation.
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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.
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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 papa 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:
The below named individuals are designated as the 1,epresentatives 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: Chris Taylor, Cultural Arts Supervisor
Phone Number: 360-363-8408, Lay OrL�t Lxb sLYilIgAa y
ANACORTES:
Natne: Travis Anderson, Recreation Coordinator
Phone Number: 360-299-1969,'Fmmsil
D. Tennination shall not affect the rights and obligations of the parties under Sections 4,
5, 6 and 11 of this Agreement.
9. WAIVER
No tenn or provision herein shall be waived and no breach excused unless sutls 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
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the parties regarding plan review and inspection services.
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11. PRIVILEGES AND IMMUNITIES
All privileges and immunities from liability, exemption from ordinances, rule , 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 ANACRTES under
the provisions of this Agreement.
12. THIRD PARTY BENEFICIARY STATUS
The parties agree that this Agreement shall not confer third-party beneficiary S,tatUS on any
non-party to this Agreement.
13. SEVERABILITY
If any provision of this Agreement or its application to any person or cirCLIIIISt'ance is held
invalid, the remainder of the provision and/or the application of the provisions to other
persons or circumstances shall not be affected.
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DocuSign Envelope ID:456E9025-3234-4AAB-8372-FAB8C8373C2F
IN WITNESS WHEREOF, the parties have signed this Agreement, effective on the clte indicated
below.
CITY OF MARYSVILLE CITY OF ANACORTES
..
J...
ON ll Mayor MATT MILLER Mayo"
_ _
Date: �� �.-- 2022 Date: 8/8/2022_...�.�.��� ._„_ .....�
Attest: Attest: J
GENEVIEVE GEDDIS � IT Deputy City Clerk
STEVEN D. HOCaLUND City Clerk
Approved as to form: Approved as to form:
ITITITIT ._.. t Attorney D RC�S ETNAM City Attortne..
JON WALKER City y y
Attorney for the City of MARYSVILLE Attorney for City of ANACORTES