HomeMy WebLinkAbout1969-1186 ORDINANCE NO. /1 $'
AN ORDINANCE authorizing an Agreement with Yakima County for coopera-
tive construction and maintenance of streets.
WHEREAS, the County of Yakima and the City of Yakima desire to
execute an agreement whereby, from time to time, the County may per-
form street work inside the city and the City may perform street work
in Yakima County outside the city, all as contemplated and pursuant to
R.C.W. Chapter 35.77, now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section li The Mayor and City Clerk of the City of Yakima are
hereby authorized to execute an agreement with Yakima County for the
aforesaid purposes, a copy of which agreement is attached hereto and
by reference made a part hereof, all as contemplated by and pursuant
to R.C.W. Chapter 35.77.
Section 2. This ordinance shall be in full force and effect
thirty days after its passage, approval and publication as provided by
• law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 8th day of
December, 1969.
Ilk
lik
//
Mayor
ATTEST:
/e6*
City Clerk
AGREEMLNT
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THIS AGREEMENT, made and entered into this day of
19 9 , by and between Yakima County, Washington, a political ,
subdivision of the State of Washington, hereinafter referred to as the "County ",
• and the City of Yakima, a municipal corporation duly organized and existing and
by virtue of the laws of the State of Washington, hereinafter referred to as the
• "City"
WITNESSETH:
WHEREAS, it would be advantageous to the City of Yakima to be
in the position to request Yakima County to consider performing certain types
of work on certain streets within the City limits, and
WHEREAS, it would also be advantageous to Yakima County to be
in the position to request the City of Yakima to consider performing certain
types of work on certain county roads in the vicinity of the city limits, and
WHEREAS, in consideration of the mutual covenants and agreements
herein contained and pursuant to the laws of the State of Washington, in
particular R. C. W. 35. 77. 020 and 35. 77. 030,
IT IS NOW, THEREFORE, covenanted and agreed as follows: '
1. If requested by the City of Yakima, Yakima County will
consider performing work on city streets of the City of Yakima
- and vita versa if requested by Yakima County the City of Yakima
will consider performing work on county roads in the vicinity of
the city limits of the City of Yakima,
2. The county and or city shall further provide the necessary
engineering and administrative services and in providing such
services, the County Engineer may exercise all the powers and
perform all the duties vested by law or by ordinance in the City I `
or Town Engineer or other officer or department charged with
street administration. a.nd the City Engineer may exercise all
the powers and perform all the duties vested by law or by
resolution in the County Engineer. v
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3. The City or County hereby agrees to pay to the County or City
the costs of the work performed by the County or the City on the
actual cost of labor, equipment rental, engineering, materials used
in the construction or maintenance work involved, plus all costs for
fringe benefits to labor, including, but not limited to, Social Security,
• retirement, industrial and rnedical aid costs, prorated sick leave,
holidays and vacation time, and group mediPal'insurance, provided,
that tl-e County or City shall submit to the City or County a certified
statement of the costs and within thirty (30) days thereafter the City
or County shall pay to the County or City the amount of said statement.
4. It is understood and,agreed between the parties hereto that the City'
will hold the County harmless from all claims, losses ,demands, actions '-
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' or causes of action of any 'nature whatsoever by reason of the perform-
ance of this agreement by the County. The City further agrees to de-
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fend, at its own expense, the County in the event that any action is
brought againat the County as a result of any act or activity of the County
or its agents or employees because of or in any way arising out of the
work to be performed under this contract, except those claims, losses,
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• demands, actions or causes of action arising as a sole result of any acts •
or ornmissions on the 'part of the employees of Yakima C,6unty, or the
employees of agents of Yakima County incurred within the scope of their
employment in performing the services required by this agreement.
5, lt is understood and agreed between the, parties hereto that the County
will hold the City harrnless from all claim, loses, demands, actions or
causes of action of any nature wh'atsoever by reason of the performance of
this agreement 4,the it y. . The County further 'agrees to defend,
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at its own expense, the City in the event that any action is brought against
the City as a result of any act or activity of the City or its agents or em-
ployees because of 'or ir any Way arising our of the work to be performed
under this contract, except those claims, 1 m
9,sses, deands,. actions. or
causes actions m
arisingas a sole result of any acts or omissions on the
part of the ernployeesrdf Yakima City or the employees of agents of Yakima
City incurred within the scope of their employment in performing the
services required by this agreement.
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6. The County, in the performance of this contract'shall abide
by the provisions of R. G. W. 35. 77. OZO; 030 and 040.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals the day and year first above written.
Aik • YAKIIvMA' COUNTY, WASHINGTON
By
Ch a: n r
of
/
Alik e d eea r 1
o of Conn 'Commissioners
CITY' •F YAKIMA
ATTEST:
By �
Mayor r ;
County Auditor
Clerk of the Board of
County Commissioners
Approved as to form:
•
Prosecuting Attorney of
County
Approved as to form: ,,
Cit Attorney.
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