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HomeMy WebLinkAbout4827 RESOLUTION NO. 4827 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO AMEND THE MEMORANDUM OF AGREEMENT WITH PIERCE COUNTY FOR THE PURPOSE OF PROVIDING ROAD SERVICES WHEREAS, the City of Auburn owns public roads and traffic devices which require periodic maintenance and/or other improvements; and WHEREAS, Pierce County Transportation Services Division is in a position to provide certain emergency services, maintenance and road improvements services for the City at a cost that is advantageous to the City; and WHEREAS, the City previously entered into a contract with the Pierce County Transportation Services Division for such emergency, maintenance and road improvements services; and WHEREAS, increasing the contract would benefit both the City and the County by cost savings to the City and a fuller utilization of County equipment at a fair rate of compensation; and WHEREAS, the parties are authorized by Chapter 39.34 of the Revised Code of Washington to enter into an interlocal cooperation agreement of this nature. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Resolution No.4827 June 6, 2012 Page 1 of 2 Section 1. That the Mayor and City Clerk are hereby authorized to amend the Memorandum of Agreement, in substantial conformity with the Amendment attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. That the Mayor and City Clerk are authorized to implement such other administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of 2012. C TY A PET R B. LEWIS MAYOR ATTEST Danielle E. Daskam, City Clerk AP PRO A TO FORM: iel B. Heid, City Attorney Resolution No.4827 June 6,2012 Page 2 of 2 FIRST AMENDMENT TO MEMORANDUM OF AGREEMENT NO. 11-79192 BETWEEN PIERCE COUNTY AND CITY OF AUBURN REGARDING TRAFFIC MAINTENANCE SERVICES THIS FIRST AMENDMENT to Agreement 11-79192 is entered into between PIERCE COUNTY, a municipal corporation and political subdivision of the State of Washington(herein referred to as "COUNTY"), and CITY OF AUBURN, a municipal corporation of the State of Washington (herein referred to as "CITY"). WHEREAS, the parties hereto have previously entered into Agreement No.11- 79192 fully executed on July 8, 2011, to establish the rights, duties, and responsibilities of the parties with regards to the traffic maintenance services requested by the CITY, and WHEREAS, the services requested by the CITY costs exceed the estimated amount allowable per calendar year in this agreement; and NOW, THEREFORE, in consideration of the mutual benefits to be derived by each of the parties; IT IS HEREBY AGREED as follows: 1 The COUNTY shall provide the agreed upon requested services to the CITY in accordance with this agreement. 2. The maximum consideration of this agreement shall be increased from $25,000 per calendar year to $125,000 per calendar year for 2012 and 2013. 3. ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT IN WITNESS WHEREOF, the parties hereto have caused this amendment to be duly executed, such parties acting by their representatives being there unto duly authorized. Memorandum of Agreement #11-79192 Amendment#1 Page 1 The parties have executed this Agreement this 5th day of June, 2012. CITY OF AUBURN PIERCE COUNTY Signature Date DE �1 'ROSECUTING ATTORNEY Date (al fort only) Title a S�GUfi- ✓�d — 7 �I I I Z BUDGET AND FINANCE Date Approved: DEPARTMENT DIRE TO Date EXECUTIVE Date Memorandum of Agreement #11-79192 Amendment#1 Page 2 OO I MEMORANDUM OF AGREEMENT BETWEEN PIERCE COUNTY AND THE CITY OF AUBURN REGARDING TRAFFIC MAINTENANCE SERVICES THIS AGREEMENT is entered into this day by and between PIERCE COUNTY,a political subdivision of the State of Washington(Herein referred to as"COUNTY")and the undersigned, Auburn, City of the State of Washington(herein referred to as"CITY"). WHEREAS,the CITY has a need for specific traffic maintenance services and has requested said services as described below to be performed by the Pierce County Public Works and Utilities Department,Traffic Division. WHEREAS,the COUNTY agrees to perform the work described below at the convenience of the Pierce County Public Works and Utilities Department and that the CITY will reimburse the COUNTY for all costs incurred. NOW,THEREFORE,in consideration of the terms and conditions contained herein,it is mutually agreed by and between the COUNTY and the CITY as follows SECTION 1. PURPOSE. The purpose of this agreement is to establish the rights,duties and responsibilities of the parties with regards to the traffic maintenance services requested by the CITY and any costs associated with this work. SECTION 2 COUNTY'S RESPONSIBUITY. The COUNTY will perform the following services for the CITY under the direction and control of the CITY during 2011 thru 2013: Traffic maintenance and operations services,including, but not limited to,Traffic signals, Street lighting,Traffic signs,Roadway markings,Raised pavement markers,and Minor engineering prelim• The Scope and Specific locations of any work requested shall be identified under the direction of the CITY The dry shall provide the COUNTY with a list of work for each year of the agreement. SECTION 3. CITY'S RESPONSIBILITY. The CITY has agreed to pay up to the estimated amount of$25,000 per calendar year to complete the above described work or services and has agreed to an estimated completion date of December 31°,2013. The CITY certifies that f5 sucientbudgeted funds are available to cover the costs of the requested work or services,.and agrees to make payment to the COUNTY SECTION 4.COMPENSATION AND BILLING PROCEDURE. In consideration for the provision of repair services described herein,the CITY agrees to pay the COUNTY for the actual work completed based on monthly billings and in accordance with the provisions of Section 2 and 3 above. Monthly billings will be calculated as indicated below. A. The labor rate billed to the CITY shall be increased by thirty percent (30%)to account for administration overhead. The rate of overhead includes Maintenance Administration costs and Department Administration costs. No supervision or maintenance office costs will be charged directly B. Equipment use will be charged to the CITY based upon the hours used times the Pierce County Equipment Services Division(ESD)rental rate. A five percent(5016)administration charge will be assessed for processing. C. Materials and supplies will be billed at cost plus a ten percent(100/6) administration processing fee. ESD inventory stocked items will be billed at the Pierce County ESD materials rate. D. The costs of services as outlined will be billed no later than the thirtieth (30")day of the month by the COUNTY based on services provided in the previous month. Payments by the CITY will be due within thirty days of receipt of the billing. Monthly payments that are not paid within the allotted time period shall be considered delinquent. Delinquent charges shall accrue interest on the unpaid balance, from the date of delinquency until paid,at an interest rate of one half of one percent(.5%)per month. E. The billing rates for labor and equipment related to providing the functions and services each year after 2011 shall be adjusted annually, effective January 1 it of each year to reflect current costs. Increases in the costs that are the results of changes in regulatory requirements will be included in any increases to billing rates after 2011 I SECTION S. DURATION. This agreement shall remain in full force and effect upon the date that the last signature is affixed hereto until midnight December 31,2013,unless otherwise renewed in writing by both parties. sECTION 6. INDEMND?ICATION AND HOLD HARMLESS. The COUNTY shall defend,indemnify,and save harmless the CITY,its officers,employees,and agents from any and all costs,claims,judgments,or awards of damages,resulting from the acts or omissions of the COUNTY,its officers,employees,or agents associated with this Agreement. In executing this Agreement,the COUNTY does not assume liability or responsibility for or in any way release the CITY from any liability or responsibility which arises in whole or in part from the existence or effect of CITY ordinances,rules,regulations,resolutions,customs,policies,or practices. If any cause,claim, suit,action,or administrative proceeding is commenced in which the enforceability and/or validity of any such CITY ordinance,rule,regulation,resolution, custom,policy,or practice is at issue,the CITY shall defend the same at its sole expense and if judgment is entered or damages are awarded against the CITY,the COUNTY,or both,the CITY shall satisfy the same,including all chargeable costs and attorney's service charges. bpsv®mmme�a,oartv��aeawcwo nu'cu�oirwµm�v� The CITY shall defend, indemnify and save harmless the COUNTY, its officers, employees, and agents from any and all costs, claims, judgments, or awards of damages, resulting from the acts or omissions of the CITY, its officers, employees, or agents associated with this Agreement. In executing this Agreement, the CITY does not assume liability or responsibility for or in any way release the COUNTY from any liability or responsibility which arises in whole or in part from the existence or effect of COUNTY ordinances,Hiles,regulations, resolutions, customs, policies, or practices. If any cause, claim, suit, action, or administrative proceeding is commenced in which the enforceability and/or validity of any such COUNTY ordinance,Wile,regulation,resolution,custom,policy,or practice is at issue, the COUNTY shall defend the some at its sole expense and if judgment is entered or damages are awarded against the COUNTY,the CITY, or both,the COUNTY shall satisfy the same,including all chargeable costs and attorney's service charges. It is specifically and expressly understood that the indemnification provided herein constitutes the Pardee waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the Parties. The provisions of this section shall survive the expiration or termination of this Agreement. SECTION 7 NO THIRD-PARTY BENEFICIARY. The COUNTY does not intend by this agreement to assume any contractual obligations to anyone other than the CITY,and the CITY does not intend by this agreement to assume any contractual obligations to anyone other than the COUNTY The COUNTY and the CITY do not intend that there be any third-party beneficiary to this agreement. SECTION 8. INSURANCE COVERAGE. The COUNTY and the CITY shall maintain at all times during the course of this agreement a general liability insurance policy or other comparable coverage with a self-insured retention of no more than$500,000.00 and a policy limit of no less than$5,000,000.00 dollars. SECTION 9. NON-DISCRUMNATION. The COUNTY and the CITY certify that they are Equal Opportunity Employers. SECTION 10 AS_SIGNMENT Neither the COUNTY nor the CITY shall have the right to transfer or assign,in whole or in part,any or all of its obligations and rights hereunder without the prior written consent of the other Party SECTION 11. NOTICE. Any formal notice or communication to be given by the COUNTY to the CITY under this agreement shall be deemed properly given, if delivered,or if mailed postage prepaid and addressed to: City of Auburn 25 West Main St Auburn,WA 98001 attn:Pablo Para rte, FMMCDU rmm am ZIOAMnw ,... ro+ Any formal notice or communication to be given by the CITY to the COUNTY under this agreement shall be deemed properly given,if delivered,or if mailed postage prepaid and addressed to: Pierce County Public Works&Utilities 4301 South Pine Street, Suite 446 Tacoma,WA 984Q9-7207 Attention:County Traffic Engineer The name and address to which notices and communications shall be directed may be changed at any time,and from time to time,by either the CITY or the COUNTY giving notice thereof to the other as herein provided. SECTION 12. WAIVER No waiver by either party of any term or condition of this Agreement shall be deemed or construed to constitute a waiver of any other term or condition or of any subsequent breach,whether of the same or a different provision of this Agreement. SECTION 13. ENTIRE AGREEMENT. This agreement contains all of the agreements of the Parties with respect to any matter coveted or mentioned in this agreement and no prior agreements shall be effective for any purpose. SECTION 14. AMENDMENT Provisions within this agreement may be amended with the mutual consent of the parties hereto. No additions to,or alteration of,the terms of this agreement shall be valid unless made in writing,formally approved,and executed by duly authorized agents of both parties. SECTION 15. SEVERABILI TY If any of the provisions contained in this agreement are held illegal,invalid or unenforceable,the remaining provisions shall remain in full force and effect. SECTION 16. CHOICE OF LAW,JURISDICTION AND VENUE.This agreement shall be governed by, construed,and enforced in accordance with the laws and regulations of the United States,the State of Washington,and the ordinances of Pierce County SECTION 17 ATTORNEY FEES AND COSTS.In the event of any controversy, claim,or dispute arising out of or in any way relating to this agreement or its breach,the prevailing party shall be entitled to recover its cost and reasonable attorney fees. IN WITNESS WBERE OF,the parties have caused this Agreement to be executed on this day of .2011. ,. 4 m.,� CITY PIERCE COUNTY Mayor Date DEPARTMENT MOR fDa& _. ef-ZA, s * A ST• Date DEP PROSECUTING ATTY Date (as to form only) J�l3�i ddgA*- 44� -1kill City Clerk Date BUDGET XND IONANCE Date Approved as to Form Date TOR Date (�+PP 5 N a RISK MANAG Date COUNTY OWCUTIVE Date (if over$250,000) wmaourmu a m®mrr mwmi 7RAMNA MKOO Iveowewowo nps mwK� M�