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Home My WebLink AboutAgreements/Contracts - Public Works (002)K22-237 INTERLOCAL COOPERATION AGRE EMENT BETWEEN PORT OF ROYAL SLOPE, GRANT COUNTY PORT DISTRICT NO, 2 AND GRANT COUNTY PUBLIC WORKS DEPARTMENT REGARDING ROAD MAINTENANCE AND MINOR CONSTRUCTION WORK. SECTION 1, PARTIES This Int erlocalAgreement 0'Agreemenf ') is entered into by and between P ORT OF ROYAL SLOPE, GRANT COUNTY PORT DISTRICT NO. 2, PO Box 147, 4572 Road 13.6 SW, Royal City, WA 99357 ("PORT"); and GRANT COUNTY, a municipal corporation of the State of *Washington ("COUNTY"), 124 Enterprise Street S.E., Eplu-ata, WA 98823- coflecfively ('Partl*es"). SECTION It RECITALS WHEREAS, The PORT strives to provide opportunities for economiz growth. for the r- idents of Grwit Countyand esil 1� WHEREAS, the COUNTY provides municipal services to residents of Grant County; and. WHEREAS, these Parfies desire to formalize all operational i^rw-nework. that Will provide Bor Compaction Tests,'Mrinor Construct"on Work, and Road, M *ntenance in Grant County, WAO ai and WHEREAS, pursuant to the ipowers accorded, to the Parties by Chapter 39.34 RCW, and. V both Ponies possess the authorty and desire to exectile an intergovernmental cooperation agreement for this pupose. NOW, THEREFORE, in consideration of the mutual benefits of the agreement, the parties agrele as follows: SECTION 3, PuR.Pon It is the purpose of this Agreement to proAde the residence of Grant County K W1 h - Or economic. growth and municipal services by fon-nalizi*ng ail operational ftamework that Will provIde for compaction tests, minor construction work, and road maintenance in Grant County. No separate legal oradmirfistrative agency is created under this Agreement. SECTION 4,t TERMS AND CONDITIONS 'The PORT ajid the Grant County Public Works Director and/or County Engineer are hereby authorized to execute one or more letters of understanding that, by this reference, shall become part of this agreement, provided such letters are signed by both parties and refer to this Agreement. The letters of understandfilg shall address -issues rel ating, to sh aring of resources controlled or owned by the Parties. Subjects of the letters of underswding may include, but are ILA BETWEEN PORT OF ROYAL SLOPE AND GRANT COUNTY —.Page I of 5 C" not limited to options provicting materials, time and labor 'in compliance with and, any other requirements needed to allow these agencies / organizations to have Minor Construction Work, and Road Maintenance completed that meet the COUNTY' s standards and specifications. SECTION 5.. FINANCING AND ]BUDGE TING The PORT will monetarily reimburse the COUNTY for all work performed by the COUNTY for the PORT' s projects under ft,*s Agrcement. The COUNTY will send invoices to the Contact listed under Section 12 for the Port. The, invoice payment will be due 60 days from. the time of receipt. Any invoice disputes will be subject to Section 11 of thisAgrecment., SECTION 6, EMPLOYMENT No agent, employee, servant,, or representative of the PORT shall be deemed to be an employee of COUNTY for any purpose mid no employee of COUNTY shall be deemed an employee of the PORT. SECTION 7., ADmINISTRATION/DISPOSAL OF PROPERTY I It Thl"S Agreement is executea 1 1: n accordwice with theauthority of Chapter 39.34 RCW, the Intercal Cooperation Act. No real or personal property will, be jointly acquired by the PVtties imderthis Agreement. All property owned by each of the Parties shall remain its sole property to hold and dispose of in its sole discretionO SECTION 8* INDEMNIFICATION 8.1 The PORT agrees to and shall defend, inden-inify, and hold harmless the COUNTY, its officials, officers,agents, and, employees from, and against any, and. all clainis, losses, damages, Judgments, or liabilities of whatever nature, including any portion thereof, arising from or related to the CO'LNTY's acts, omiss,on performance under this Agreenient, i- s, or 8.2 This section shall survive tennination. of this Agreement. SECTION 9* INSURANCE The POR -Tis insured by Endrin s, Evidence of insurance (EOC) including the contracted notice provision is required to befumished to the COUNTY annually. Said insuran ce shall name It" Grwit County its deputies, employees and agents as an additional insured from any and all claims under this Agreement, SECTION 10, TERMINATION Either Party may terminate this Agreement, with or without cause, upon ninety (90) days written notice to the other party. ILA BETWEEN PORT OF ROYAL SLOPE AND GRANT COUNTY — Page 2 of 5 SECTION I I* DURATION This Agreement shall be eff-ective upon the Parties signing, and shall continue through December 31, 2025, unless term inate d earlier under the terms set Borth'in Sect ioaxabove.1, SECTION 11, DISPUTE Rui SOLUTION In the event of any dispute or difference arising by reason of this Agreement or any provision on or tee: thereof or the use of and/or payment for any facility for the purpose of this Agreement, the dispute or difference shall be resolved Jointly by the Public Works Director and/or County Engineer and the Port, of Royal Slope's Exec ufive Director, The parties agree time of the essence M' resolving seen aisputes and differences. In the event such dispute cannot be resolved. the panties agree to mediate thedi I spute., withdoth sides sharing the cost of medliation equally. In the event of litigation stich liti,.aafion shall occur in. the Superior Court for Cray County, State of 'Washington. SECTION 11 MAILING AND CONTAcr ADDRESS All -written notices, reports, and correspondence required or allowed by this Agreement shall be sent to the followm*g Agreement ad n.unistralors: COUNTY.,, Director of Public Works 124 Enterprise St,, Eplu,,ata, WA 98823 509-7-54-6082 publ'-Icwork,,-s@grantcountywa.gov PORT: Port of Royal Slope PO Box 147 Royal City, WA 99357 509-346-2317: bvalent*liie@portofroyal.com Notices shall, be effecti.ve immectiately upon receipt if delivered, 'in person, Hnotice is delivered, by US Ma, then it shall be effee 1 . t tlu-ee days following the day when its deposited, postage prepaid, in an official mail. receptacle,, properly addressed to the other party's contact address and person. If notice 'is made by emai 1, then it shabe effective at the timeost rt of business, on the next business day following successful transmission. I 0 Each party must have an Agreement administrator at all times this agreement is in force. Parties, may change theu, Agreement adrmhiistrator by submitting notice of such change to the other party in writing, SECTJON 14, TijIRD-PARTY BENEFICIARIES ILA BETWEEN PORT OF ROYAL SLOPE AND GRANT COUNTY — Page 3 of 5 There are no third -party, beneficianes to this Agreement, and this Agreement shall not be W interpreted to create such rights. SON 15.* INTEGRATED A.GREEmF.NT/AMENDMENT This Agreementconsti 0 tutes the entire agreement of the parties acid may be amended at any time in wrifing by mutual agreement. SCTION16, GENERNL PROVISIONS 16.1 This Agreement shall be effective ti pon the duly-authofized signatures of thr.e Parties" representatives. 0 16.2 This agreement supersedes all prior interlocal agreements between .thy parties related to compaction tests, minor constwction work, and road maintenance in Grant County, WA. IN WITNESS WHEREOF, the PORT mid the COUNTY have executed this agreement as ofthe date mid year last, written below. I . Executed. this ctay of 2022 BOARD, OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON 1040 Executed this day of 201 PORT OF ROYAL SLOPECOMMISSIONERS GRANT COUNTY, WASHINGTON Attest: B IrT ar -a v, Vasquez, QVer.V0.f'the.. oard Approved As To Fon-n: ILA BETWEEN PORT OF ROYAL SLOPE AND GRANT COUNTY — Page 4 of 5 7�� rank, Mianec' Secretary Bon-nie Valentine, Executive Director Im i<.ebekah M. Kaylor, WSBA No. 53257 Chief Civil Deputy Prosecuting Attomey Grant County, Date,: ILA BETWEEN PORT OF ROYAL SLOPE AND GRANT COUNTY — Page 5 of 5