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Home My WebLink AboutAgreements/Contracts - Public WorksK26-194 IN"I E LOCAL COOPERATION AGREEMENT BETWEEN GRANT COUNTY AND PORT OF EP'HRATA This INTER.LO AL COOPERATION AGREEMENT BETWEEN PORT OF E�'HRA`�`A(the "Agreement") o�ANT COUNTY ANC is rude and entered into band between the P F Ef�HRATA, a Washington municipal Y PORT ipal corporation (the "Port"), and GRANT COUNTY, a political subdivision of the Mate of Washington(the "County"), The Port and the bounty may be dually referred to herein as a "Party," or jointly as the "Partles.lp RECITALS WHEREAS, the Fort and the County constitute as public agencies d 9, 34, 0+� l! � � defined in RAW WHEREAS, the Parties find it mutually beneficial to eater into this Agreement, WHEREAS, the Parties previously entered into an Agreement d regarding the count 'a � dated September , 199�, y performance of road maintenance work for the Porgy the "Old Agreement"); WHEREAS, the Parties desire to replace, in its entirety! the Old Agreement with thrsAgreement WHEREAS, .the (Port owns and maintains private roads which require . n�aintenanoe includin but � � ,°from time to time, not limited to, paging, pothole repair, snowplowing, and weed control spraying (the Road Maintenance"); WHEREAS, the County employs engineers and maintenance staff capable of performing ngandlor overseeing the Road Maintenance; and WHEREAS, the Port has general maintenance and weedspraying re uireme sometimes require labor not available to the Port; requirements that WHEREAS, the' County employs skilled labor that are certified and experienced pperform such dutiesp need to , WHEREAS, the Parties desire to enter into this Agreement expressly allowing thefount to perform and/or oversee Road Maintenance, General Maintenance and Weed Spraying work for the Dort from time to time and at the Count 's discretion. n. fl, TERMS AND CONDMONS Now THEREFORE, in consideration of the mutual obligations an Parties agree as � d benefits herein, the g follows: I . REQUEST FOR ROAD MAINTENANCE, The Dorf may submit County requesting that the � t written requests to the ,� Y g g y, County perform Road Maintenance work for the Port(each a Maintenance Re vest � 1�►Il q Maintenance Requests shall be made on forms provided, , or INTERLOCAL COOPERATION AGREEMENT BETWEEN GRANT COUNTY & PORT OF EPHRATA — � approved, by the County. The County reserves the right, at its sole discretion, to approve or reject any Maintenance Request, 1.1. Approval of Maintenance Requests. The County's Director of Public Works is authorized to approve Maintenance Requests estimated to cost Zero Dollars ($,..__ mo - ) or less without prior approval from the County's Board of Commissioners (the "County Commission"). Maintenance Requests estimated to cost more than One Dollars ( ) will first be reviewed by the County's Director of Public Works and, if preliminarily approved by the Director of Public Works, forwarded to the County Commission for final consideration. 2. PERFORMANCE OF ROAD MAINTENANCE, The County shall provide all necessary engineering, administrative, and clerical services necessary for the performance and/or supervision of the Road Maintenance set forth in any approved Maintenance Request. Depending on the natu're.of the approved Road Maintenance, the County may self - perform the Road Maintenance and/or solicit bids for a public works project in compliance with all applicable laws. In performing and/or supervising the Road Maintenance for the Port, the County's Director of Public Works -may exercise all authority over the Road Maintenance vested in and to the Port. 3. PAYMENT OF ROAD MAINTENANCE,. The Port shall reimburse the County for the costs of all Road Maintenance work the county performs and/or supervises in response to an approved Maintenance Request based on the County's actual cost of labor ('including fringe benefits of labor, including, but not limited to, social security, retirement, industrial and medical insurance costs, prorated sick leave, and holiday and vacation time), equipment rental, engineering, and materials used, plus ten percent (10%) of the total costs for accounting, billing, and administrative services (collectively, the"Cost "). The County shall provide the Port a S certifiedit statement of the Costs after completion of the Maintenance Request each an Cost Statement"), The Port shall remit payment for each Cost Statement no later than thirty (30) days after receipt, 4. PERFORMANCE OF GENERAL MAINTENANCEIWEED SPRAYING. The County shall provide all necessary labor with sufficient skills and if applicable, certification, necessary for the performance and/or supervision of the work being performed. 5. PAYMENT OF GENERAL MAINTENANCEMEED SPRAYING. The Port shall reimburse the County for the costs of all work perform ed/su pervised in response to an approved Maintenance Request based on the County's actual cost of labor (including fringe benefits of labor, including, but not limited to, social security, retirement, industrial and medical' costs, prorated sick leave, and holiday and vacation time), equipment rental, engineering, and materials used, plus ten percent (10%) of the total costs for accounting, billing, and administrative services (collectively, the "Costs"). The County shall provide the Port a certified statement of the Costs after completion of the Maintenance Request (each an "'Cost Statement"). The Port shall remit payment for each Cost Statement no later then thirty (30) days after receipt. 6. INDEPENDENT GOVERNMENTS — NO LIABILITY, Each Party is and shall remain an independent government. This Agreement does not create a partnership or other similar INTERLOCAL COOPERATION AGREEMENT BETWEEN GRANT COUNTY & PORT OF EPHRATA -- 2 arrangement. The Parties shall not be liable for the acts or omissions of the other Parties, or their respective public officials, employees, or agents. 7. TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by all of the Parties and shall continue until either Party provides thirty (30) days' prior written notice of termination to the other Party. Notwithstanding any termination of this Agreement, the County shall continue to perform, and the Port shall continue to pay for, any Maintenance Requests which were approved by the County prior to the termination date of this Agreement. 8. ADMINISTRATION. The following individuals are designated as representatives of the respective Parties: Port: Executive Director 1990 Division Ave. E. Ephrata, WA 98823 E: director C@,portofPhrata.,qov County: Director of Public Works 35 C Street NW PO Box 37 Ephrata, WA 98823 E: a booth (cDqra nteountywa. gov The above -identified representatives are responsible for the administration of this Agreement, and for coordinating and monitoring performance under this Agreement. In the event such representatives are changed, the Party making the change must notify the other Party in writing. The Parties do not intend to create a separate organization, composition, or any separate legal entity or administrative entity under this Agreement 9. COMPLIANCE WITH LAW. The Parties shall comply with all applicable federal, state, and local laws, rules, and regulations when carrying out the terms of this Agreement. Without limiting the generality of the foregoing, the County shall abide by the provisions of RCW 35.77.020 through RCW 35.77.040, RCW 36.75.020, and WAC 136.32, as applicable. 10. AMENDMENT. No modification or amendment of this Agreement may be made except by a written document signed by all the Parties. 11. COUNTERPARTS AND ELECTRONIC TRANSMISSION. This Agreement may be signed in counterparts. Electronic transmission of any signed original document, and retransmission of any signed electronic transmission, shall be the same as delivery of an original document. 12. GOVERNING LAW. This Agreement, and the rights of the Parties hereto, shall be governed by and construed in accordance with the laws of the State of Washington. 13, NO THIRD -PARTY BENEFICIARIES. There are no third -party beneficiaries to this Agreement. INTERLOCAL COOPERATION AGREEMENT BETWEEN GRANT COUNTY & PORT OF EPHRATA — 3 14. INTERPRETATION. Each Party has participated in drafting this Agreement and has had this Agreement reviewed by legal counsel. Therefore, any language therein shall not be construed for or against any Party on the basis of which Party drafted the particular language. 15. RECORDATION OR PUBLICATION. Upon mutual execution hereof, the Parties shall either record a copy of this Agreement with the Grant County Auditor's Office or list this Agreement by subject on their websites or other electronically retrievable public source, 16. DISPUTE RESOLUTION. The substantially prevailing Party in any dispute relating to or arising under this Agreement shall be entitled to an award of its attorneys' fees, costs, and expert fees incurred. 17. ENTIRE AGREEMENT. This Agreement contains all the understandings between the Parties. Each Party represents that no promises, representations, or commitments have been made by others as a basis for this Agreement which have not been I reduced to writing herein, No oral promises or representations shall be binding upon any Party, whether made in the past or to be made in the future, unless such promises or representations are reduced to writing in the form of a written modification to this Agreement and executed by all Parties. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last authorized signature below. I 'Signatures on Subsequent Page*** INTERLOCAL COOPERATION AGREEMENT BETWEEN GRANT COUNTY a PORT OF EPHRATA - 4 INTERLOCAL COOPERATION AGREEMENT BETWEEN GRANT COUNTY & PORT OF EPHRATA - 6 DATED this day of r Zte 2026. ATTEST: Caitlin. E. anell Clerk of the Board BOARD OF COUNTY COMMISSIONERS Yea Nay Abstain Grant County, Washington Kevin R. B-dr-ges, Chair Rokpon i - it 1 Cindy Car Member INTERLOCAL COOPERATION AGREEMENT BETWEEN GRANT COUNTY& PORT OF EPHRATA-6