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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 • I 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 I , 1 1 ' 1 Ii I 1 I 4 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 '- 1 ' 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- , 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, 1, • 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, 1, 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. • • I' • t i 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. � I .