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Home My WebLink About20-040 Authorizing the City Manager to Execute an Interlocal Agreement with the Port of Port Townsend for Resourse Sharing and Public Works Construction Services Resolution 20-040 RESOLUTION NO. 20-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE PORT OF PORT TOWNSEND FOR RESOURCE SHARING AND PUBLIC WORKS CONSTRUCTION SERVICES WHEREAS, Chapter 39.34 RCW permits local governmental units to make official use of their powers enabling them to cooperate with other localities based on mutual advantage; and, WHEREAS, The Port and the City perform Public Works contracting including bidding and prevailing wages in accordance with the RCW to accomplish maintenance and capital improvements; and, WHEREAS, the Port and City mutually benefit from various infrastructure owned by each agency; and, WHEREAS, based on proximity, prosecution of work, efficiencies, and mutual other benefits, the City and the Port may desire to cooperate under a single public works contract; and WHEREAS, the Port and the City both own and operate specialized equipment and sharing of resources is mutually beneficial; and WHEREAS, the Port and the City may desire to use a single engineering consultant to design both Port and City infrastructure together; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Townsend, Washington, that the City Manager is authorized execute an interlocal agreement in substantially the same form as Exhibit A with the Port of Port Townsend for resource sharing and public works construction services. ADOPTED by the City Council of Port Townsend, Washington, at a regular meeting thereof, held this 201h day of July 2020. -A- P-40��&�7 iclielle Sandoval Mayor Attest: Approved as to form: Joanna Sanders, MMC �._ flei li trcei ooc City Clerk City ACtorn. , Resolution 20-040 Exhibit A Page 1 of S INTERLOCAL AGREEMENT BETWEEN THE PORT OF PORT TOWNSEND AND THE CITY OF PORT TOWNSEND This Agreement is entered into by and between the City of Port Townsend, a municipal corporation of the State of Washington("City"), and Port of Port Townsend, a municipal corporation of the State of Washington ("Port"), for resource sharing and Public Works construction services as described in this Agreement. RECITALS A. Chapter 39.34 RCW permits local governmental units to make official use of their powers enabling them to cooperate with other localities based on mutual advantage. B. The Port and the City perform Public Works contracting including bidding and prevailing wages in accordance with the RCW to accomplish maintenance and capital improvements. C. The Port and City mutually benefit from various unl`aastr ucture owned by each agency. D. Based on proximity, prosecution o1°work, efficiencies, and mutual other benefits, the City and the Port may desire to cooperate unclear a single public works contract.. E. The Port and the City both own and operate: slaecializecl equipment and sharing of resources is inuttially beneficial. F. Fhe Port and the City, inay desire to use a single engineering consultant to design both Port and City infrastructure together,. AGREEMENT In consideration of" the mutual covenants contained in this Agreement, and pursuant to provisions'ovsions o l`C"la .. ll RCW, the parties agree as fiol.lows.' ...c� � 1. PURPOSE. The purpose of this agreement is to gain t e efficiencies in execution of Public Works laroajects auacl to share resources. 2. AUTHORITY. This agreement is based upon the authority of RCW 39.34.030. 3. TERM. This Agreement shall be in effect for the period beginning May 1, 2020 through December 31, 2020 and shall be automatically renewed annually thereafter. Resolution 20-040 Exhibit A Page 2 of 5 4. PROCESS AND PERFORMANCE. The Port and the City agree as follows: 4.1. Prior to any work being performed, the Port Executive Director or the City Manager shall provide the other party written authorization for a specific task assignment including the scope of work and cost estimates. Both parties will agree, in writing, to the scope of work and cost estimate, including hourly rates for labor and equipment, for the specific task. The parties agree to reimburse each other for the actual costs,including overhead at the current hourly rates in use by the party at the time the work is being �I performed, _For work in excess of$15,000, the cost estimate, including contingency, shall be considered a not to exceed anaorrnt unless both parties agree„ in writing, to costs above the estimate. For enaergenci. s and work less than $15,000, the work shall not exceed the estimate by more than 20% without written approval, 4.2. The party requesting the work may monitor tlreperfortuance and will accept the work in writing. 4.3. Record Maintenance. Each party shrill maintain records its own records consistent with the Washington Public Records Act, as amended, and the records retention requirements of the Washington State Archives. 4.4. Invoicing and billing shall ' e made within 60 days of the work being completed. Payment for such work shall be made within 60 days of receipt of invoices. 5. ALLOCATION OF LIABILITIES. 5.1. Indemnity, Each party shall indernni fy, defend and bold harmless the other party, their officers, agents, employees, and volunteers,, from and against any and all claims, demands, damages, judgnients, losses, liability and expense (including, attorney's lees), including but not limited to those for personal injury, death or property damage suffered or incurred by any person:, by reason of or in the course of performing this Agreement which is or alleged to be caused by or may directly or indirectly arise out o `any act or omission of"the party, its officers, employees, agents and volunteers. 5.2. Proportionate Share Except as provided above, in the event more than one party is responsible or negligent, each party shall be responsible in proportion to its negligence. 5.3. Waiver of Immunity under Title 51 RCW. Each party waives its immunity under Title 51_ RCW (industrial Insurance) solely for the purposes of this provision and acknowledges that this waiver was mutually negotiated. 6. DISPUTES BETWEEN THE PARTIES. 6.1. Negotiation. Disputes shall be resolved by first trying to negotiate a settlement between the parties. Written notice in the manner required by this Agreement commences a dispute. Resolution 20-040 Exhibit/I Page 3 olf.5 6.2. Mediation, If settlernent cannot be reached within 30 days of written notice of the dispute, the parties agree to subiliii the matter to non-binding mediation through the Peninsula Dispute Resohttion Centel, or other agreed upon mediator. A demand for mediation made by written notice in the manner required by this Agreernerlt, commences a mediation. The mediator shall be selected by agreement of time parties. The cost ofniediation shall tic shared equally between (lie parties. 63, Veritte. Any legal action about the terms and conditions ofthis Agreenient shall be brought solely in the apPropriate state COUrt ill Jef"ferson County, Washington, subJect to the venue provisions for actions against counties in RCW z'i6.01 .050 7. NOTICE. 7.1. Sufficient Notice, Any notice I-CqUired to be given by either party to the other shall be in writing and shall be considered SUffiCient 110tiCC if dCpOSitCd in the United States mail, postage prepaid, addressed as follows: To [lie Port at: 1714on-Bet Executive Director 333 Benedict Street Port Townsend, WA 98368 To the City at: A)hn-M,atjro—, City Manager 250 Madison Stree(,._SLJitc-&'e 20-1 Port'rownsend, 8 7.2. Personal Service of Notice Also Allowed, Personal notice ofany required notice rilay be provided in the manner prescribed fOr personal service of a SUIT11110118 or other legal process. 8. INTERLOCAL, AGREEMENT REQUIRIIS DT,FRMS. .1. Administration. This Agreement does not create any separate legal or administrative entity. The parties understand and agree that there will be communications between the parties to effectuate the terms of this Agreement. 82, No Joint Budget. I'll is Agreement does not conteniplate a Joint budget. 8.3 No Property Acquisition. This Agreement (toes not contemplate tile joint acqUiSitiOn of property by the parties, At termination, each party shall remain the sole owner of its own property. Resolution 20-040 Exhibit Page 4 of 5 9. REQUIRED FILING. Pursuant to RCW 39_14.04 prior to entry into force this Agreement shall be filed with the Jefferson County Auditor or listed on the Port and City websites. 10. GENERAL TERMS. The following general terms shall govern this agreement: 10.1. Headings. The headings of the sections of this Agreement are for convenience of reference only and do not restrict, affect, or be of any weight in the interpretation or construction of the provisions of the sections or this Agreement. 10.2. Nondiscrimination, E(JUal Employment Opportunity. 10.'x.1, In the performance of this Agreement, the parties an(] their employees and agents shall always comply with all federal., state, or local laws, ordinances, rules, or regulations' with respect to nondiscrimination and equal employment. oppcartarraity which may at any time be applicable. l 0, . . 1"lac parties shall not discriminate against any employee or applicant for eniployinent because of age, sex, marital status, sexual orientation, race,creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory„ mental, or physical disability or the use of a trained clog guide oro service animal by a person with a disability as required by law. 10. .:x. The parties and their employees and agents shard not at any time discriminate against any other persons or entity because genetic information, gender identity, age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military staters, or the presence ofany sensory, nae:ntaal, or physical disability or the use:of a trained clog guide or service animal by a person with a disability. (SIGNATURES FOLLOW ON THE 1 EX'11" PAGE) Resolution 20-040 Exhibit A I've ; 5 ql'5 PORT OF PORT TOWNSEND CITY OF PORT TOWNSEND ...................... Eron Berg, Executive Director Date John Mauro, City Manager Date Approved as to Legal Form: Approved as to fegal 1"'orni: Date Heich Grecimood, City Attorney Date