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CON0001645 - 11/4/2004 - Inter-Local Agreement Camas Vancouver Public Improvements Contract & Agreement upload form Agreement Contract Description* Inter-Local Agreement Camas Vancouver Public Improvements As described at the top of the Contract/Agreement,including other party. Contract Amount (if applicable) City Staff Contact (Responsible) Staff Contact Phone# Staff Contact Title Monte Brachmann 4212 Public Works Director Contracting Contracting Agency Agency\Party Contact Contact Phone Contact Email City of Vancouver Elaine Spray Department* Dept.Admin Assistant Additional Contact Information Public Works Ronda Syverson 360-817-7256 Type of Contract* Project Number Interlocal Agreement(ILA) S-356 Media Type* Paper Electronic Both *IMPORTANT!-if related to another contract, provide that contract number here: Provide if its an amendment,addendum,exhibit,replacement,continuation,etc. Additional Contract Information Key words,other agency-related,ordinance,amendment no.to original contract dated Public works coordination across shared street boundaries;Clark County Recording #3830422 Start Date* Completion Date 11/4/2004 Expiration Date Renews Automatically Specific Date Upon Project Completion Other Renewal/Termination/Extensions Terms* (i.e.90 days written;until superseded;none specified) Disposition Authority#(DAN)* Written notice GS55-05A-06 Description of Records Retention Disposition Action Capital Assets(Real Property) 10 years ARCHIVAL Designation Archival-Appraisal Required Archival-Permanent Retention Essential Non-Essential Non-Archival OFM OPR Remarks Confidential Exempt Information Comments File Upload* (Limit 1 file) Inter-Local Agreement Camas Vancouver Water Service Boundary.pdf 953.43KB i i • CITY OF CAMAS 616 Northeast Fourth Avenue P. O . Box 1055 Camas , Washington 98607 • http : //www. ci . camas . wa . us November 4 , 2004 DEPARTMENT OF PUBLIC WORKS Elaine Spray City of Vancouver PO Box 1995 Vancouver, WA 986684995 SUBJECT : Inter-Local Agreement—Water Service Boundary Dear Elaine : Please find the enclosed "Interlocal Agreement For Establishing Water Utility Service Boundaries" . It has been signed by your PW Director and our Mayor. This adjusts the City of Camas/Vancouver water service boundary so that the City of Vancouver can serve the Evergreen School District and the Glad Tidings Church site between NW Friburg Street (Camas) and NE 192nd Ave . on NE 1 " Street. I see that the agreement is supposed to be approved by the Clark County Commissioners . Since the agreement originated with the City of Vancouver, I will let 1 21 you folks carry that through. If you have questions about this , please call me at 8174534 . Thanks for your help ! Sincerely, r 11 IL Monte Brachmann .Public Works Director Administration Building Finance ` Fire Library Police Public Works 'Parks '& Recreation 360 . 8346864 360 , 834 , 8860 360 . 834 , 2462 360834. 2262 360 , 834 , 4692 360 , 834 ,4151 ' 360=8343451 360 . 8347092 3830422 I IIIIII IIID IIIIIII III III) VIII) IIIIIII III IIID IIII IIII Page : of g 05 / 20 / 2004 02 . 00P CITY OF VANCOUVER IA 23 . 00 Clark County , WA To be filed with Clark County Auditor INTERLOCAL AGREEMENT BETWEEN CITY OF CAMAS AND CITY OF VANCOUVER IN ACCORDANCE with the Interlocal Cooperation Act ( RCW Ch. 39 . 34) , the City of Camas, a Washington municipal corporation and legal subdivision of the State of Washington ("Camas") and the City of Vancouver, a Washington municipal corporation of the first class ("Vancouver' ), in consideration of the payments, covenants and agreements hereinafter mentioned, to be made and performed by the parties, do covenant and agree as follows : WHEREAS , Camas and Vancouver ("the parties") individually lack adequate personnel or equipment for each to do all required work in their respective jurisdictions and seek to utilize the other' s equipment, personnel or fueling facilities when appropriate to increase efficiency and to provide for a more effective use of municipal resources ; and WHEREAS , the parties have the necessary personnel, equipment and fueling facilities in combination and are willing to do said work for one another on certain designated projects in consideration of the mutual covenants and agreements herein contained and pursuant to RCW 39 . 34 . 080, as applicable; and WHEREAS , the parties share a common boundary with roadways and other infrastructure extending between and into each jurisdiction; and WHEREAS , in order to achieve efficiencies of operation, it may be appropriate from time to time for the parties to enter into an agreement whereby one party will authorize the other party to manage and control the construction of certain public improvements within that party' s jurisdiction; and Interlocal Agreement — City of Vancouver and City of Camas Page 1 WHEREAS , this agreement has been authorized by the respective governing bodies of Vancouver and Camas ; now, therefore, IT IS COVENANTED AND AGREED as follows : 1 . This agreement made and entered into this 10 day of 14 , 2004 and is effective for five years from its date of filing, by and between Camas and couver. 2 . It is the intent of the parties that this agreement will be utilized by the Vancouver and Camas Public Works Departments (consisting of Operations , Utilities Engineering, Stormwater, Wastewater, Water, Construction, and Solid Waste Divisions) , and Transportation Divisions . 3 . The parties agree that the construction by one parry of public improvements on behalf of the other parry may be accomplished pursuant to the terms and conditions of an agreement which shall, at a minimum, address project design, construction standards, estimated construction costs, project management duties and timelines . 4. That parties agree that certain reimbursable services can be requested by one parry from the other party utilizing work orders and that any such work performed shall be done to the same standards as required by the requesting party in their respective jurisdiction. 4 . Each party requesting reimbursable services covenants that its requests for service are within the annual budget for that department and that service. 5 . All costs to the party providing service for its labor, equipment rental, assigned contractors and subsistence shall be recovered under a reimbursable work requisition number. All cost estimates shall include appropriate administrative overhead rates, applicable sales and business and occupation taxes, applicable liability insurance charges, and actual charges . 6 . Upon completion of each reimbursable work requisition, the party requesting service agrees to pay the party providing service, the amount of the costs under the work order. Both parties shall endeavor to timely pay all bills for service. However, both parties waive their right to charge interest on bills not paid within 30 days . 7 . Both parties agree that in the performance of this agreement they shall comply with the provisions of Ch. 39 . 34 RCW. 8 . Both parties agree that in the performance of this agreement they shall comply with all applicable local, state and federal laws . 9 . It is understood and agreed that each party will be responsible for its own negligence and Will , to the extent of its negligence, indemnify and 'void harmless the other parry from any and Interlocal Agreement — City of Vancouver and City of Camas Page 2 all claims, losses , or causes of action, suits and actions in equity of any kind arising out of or in connection with, or incident to , the performance of services pursuant to this agreement. 10 . Each parry agrees to hold the other parry harmless from any and all bodily injury claims brought by employees of that party and expressly waives its immunity under the Ch 51 RCW, the Industrial Insurance Act, as to these claims which are brought against the other party; provided, that if Vancouver and Camas are both found to be negligent, each party' s duty to indemnify shall be limited to the extent of its negligence. Vancouver and Camas specifically acknowledge that the provisions contained herein have been mutually negotiated by the parties and it is the intent of the parties that each of them provide the broadest scope of indemnity permitted by RCW 4 .24. 115 . Vancouver and Camas waive transfer of rights of recovery (subrogation) against each other, their agents, representatives, directors, officers and employees for any claim arising out of acts, errors, mistakes, omissions in the provision of work or services under this agreement. 11 . It is understood and agreed between the parties that this agreement shall not be assigned, transferred or any portion subcontracted hereunder by the City without the prior written permission of the City Council or its designee. 12 . Each party shall endeavor to prevent the introduction into its fuel storage facilities of water or other contaminants . Neither party, however, makes a warranty that its fuel is free from water or other contaminants, nor does it warrant the use of the fuel for particular purposes . 13 . In any case a party seeks exemption from federal road taxes and/or sales taxes , that party shall be responsible for demonstrating its entitlement to the exemption recognizing that it will be responsible for any repayment of taxes, penalty or interest in the event it is determined by the federal government that the exemption was not warranted. Further, each party will pay the state road taxes for all fuel purchased as required by RCW 82 . 36 and 32 . 38 . It shall be the responsibility of the parry seeking fuel services to pursue a refund for any fuels claimed to be exempt from either the motor vehicle fuel tax pursuant to RCW 82 . 36 or exempt for the special fuel tax pursuant to RCW 82 . 38 . 14 . This agreement is intended for the benefit of the parties and is not intended to create third parry beneficiaries . 15 . Acts taken in conformity with this agreement prior to its execution and filing are hereby ratified and affirmed. 16 . No new separate legal administrative entity is created to administer the provisions of this agreement. 17 . No amendment or modification may be made unless such amendment or modification is written and executed by both parties . Interlocal Agreement — City of Vancouver and City of Camas Page 3 18 . Camas and Vancouver agree that there shall be duplicate originals of this agreement distributed by signature by the necessary officials of each city. Upon execution, the executed duplicate of this agreement shall be returned to the Vancouver City Clerk who shall file copies of this agreement with the Clark County Auditor. Upon receipt by the Vancouver City Clerk of the duplicate originals, each such duplicate original shall constitute an agreement binding upon both Camas and Vancouver. IN WITNESS WHEREOF , the parties have set their hands this/., ' day of 2004 . CITY OF CAMAS Mayor / Attest: as dty Clerk Approved as to form : t RogerKj p, ity Attorney CITY OF VANCOUVER, a municipal corporation , By: Pat Mebonriell, City Manager Interlocal Agreement — City of Vancouver and City of Camas Page 4 Attested : By: Paul Lewis , City Clerk Approved as to form : By: Ted H . Gathe, C}fy Attorney Interlocal Agreement — City of Vancouver and City of Camas Page 5