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Home My WebLink AboutYakima County - Interlocal Agreement for Street ImprovementsCITY OF YAKIMA AND YAKIMA COUNTY INTERLOCAL AGREEMENT FOR STREET IMPROVEMENTS THIS AGREEMENT is entered into between Yakima County, Washington (hereinafter "County ") through its Public Services Department, whose address is 128 North 2nd Street, 4th Floor Courthouse, Yakima, Washington 98901, and the City of Yakima (hereinafter "City "), whose address is 129 North 2nd Street, Yakima, Washington 98901, pursuant to RCW 39.34. WHEREAS, the County owns two parcels of property located at the northwest corner of Second and A Streets in the City with Assessor's Parcel Nos. 191319 -22439 and 191319 - 22440; and WHEREAS, the County is developing a park for the general public known as the Performance Park (hereinafter "Park ") on the property; and WHEREAS, the County desires to provide street improvements for the purpose of enhancing the Park; and WHEREAS, the Yakima City Council approved the City's participation in the Park at its meeting on August 4, 2009; and WHEREAS, the City would compensate the County for the cost of street improvements and provide minor design and inspection assistance; and WHEREAS, the Park and street improvements will provide direct benefits to the community including the use and enjoyment of the area by the general public; NOW, THEREFORE, it is hereby agreed as follows: 1. Pur ose. The purpose of this Agreement is to define the scope of services contracted between the City and the County, set forth the compensation paid for such services and enumerate other related provisions that contribute to the mutual benefit of the parties to this Agreement. 2. Duration of Agreement. This Agreement shall become effective on the date of execution by the City and the County and shall continue for a term of three years unless terminated by either party in accordance with Section 11 of this Agreement. 3. Obligations of the Parties. A. The County will: 1) administer a construction contract that will provide street improvements for the Park along Second and A Streets including cement concrete sidewalk, trees, pedestrian lighting and irrigation that matches the City's streetscape theme for the downtown area; and, ,age 1 of 4 City- County Interlocal Agreement — PPrfnrmanr.P Park 2) provide surveying, material testing and inspection services for the construction contract. 3) loan the City up to $240,000.00 at no interest, for the City's share of the costs for construction and inspection of the Courthouse Sidewalk Improvement Project Et. Al. as bid by the County. 4) Provide the City a monthly statement of progress payments made to the Contractor for the City's portion of the project. B. The City will: 1) reimburse the County for the loaned amount in three equal annual installments. The first installment shall be payable on or before April 30, 2010, the second installment shall be payable on or before April 30, 2011, and the third installment shall be payable on or before April 30, 2012. - If the City's portion of construction and inspection costs exceed the loaned amount, those costs in excess of $240,000.00 shall be payable when billed; and 2) provide minor design and inspection assistance in the development of the street improvements and.the Park. 4. Administration. This Agreement shall be administered by the County's Public Services Director and the City's Engineer. 5. No Third Party Rights. This Agreement is entered into for the sole benefit of the City and the County. It shall confer no benefits or rights, direct or indirect, on any third parties. No person or entity other than the City and the County may rely upon or enforce any provision of this Agreement. 6. Indemnification and Hold Harmless. A. Each party hereto agrees to be responsible and assume liability in the performance . of this Agreement for its own wrongful and /or negligent acts or omissions and those of its officers, agents, or employees to the fullest extent allowed by law. B. No party shall be required to indemnify, defend or save harmless the other party if the claim, suit or action for injuries, death or damages is caused by the sole negligence of the other party. For such claims, suits or actions resulting from concurrent negligence of the parties the indemnity provisions provided herein shall be valid and enforceable only to the extent of the party's own negligence. Each of the parties agrees that its obligations under this sub - paragraph extends to any harm, demand and /or cause of action brought by, on behalf of, any of its employees or agents. For this purpose, each party, by mutual negotiation, hereby waives, with respect to the other party only, any immunity that would otherwise be available against such claims under the industrial insurance provisions of Title 51 RCW, only to the extent necessary to indemnify the other party. C. The provisions of this Section shall survive the termination or expiration of this Agreement. Page 2 of 4 City- County Interlocal Agreement — PPrFnrmanr:P Park D. Nothing contained in this Section or this Agreement shall create a liability or a right of indemnification in any third party. 7. Integration. This Agreement contains all of the terms and conditions agreed on by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement, are deemed to exist or to bind either of the parties. 8. Modifications. The parties may modify this Agreement but no proposed changes or modifications shall have validity or become binding on either party unless such changes or modifications are in writing and executed by both parties. 9. Severability. A. If a court of competent jurisdiction holds any part, term or provision of this Agreement illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected; and the parties' rights and obligations -shall be construed and enforced as if the Agreement did not contain the particular provision held invalid. B. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 10. Waiver. The waiver by either party of any term or condition of this Agreement shall not operate in any way as a waiver of any other condition, obligation or term or prevent either party from enforcing such provision. 11. Termination. The parties may terminate this Agreement, with or without cause, by written notice from either party to the other party thirty (30) days in advance of the termination. In the event of termination, the amount of compensation shall be for services rendered through the termination date. 12. Survival. Any provision of this Agreement which imposes an obligation after expiration or termination of this Agreement shall survive the expiration or termination and shall bind the parties. 13. Notices. Unless otherwise stated herein, all notices and demands are required in written form and sent to the parties at their addresses as follows: TO: CITY OF YAKIMA R. A. Zais, Jr., City Manager City of Yakima 129 North Second Street Yakima, WA 98901 TO: YAKIMA COUNTY: Vern M. Redifer, PE Public Services Director 128 North Second Street Yakima, WA 98901 Page 3 of 4 City- County Interlocal Agreement — PPrfnrmanrP Park 14: Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 15. Compliance with Law. All Parties to this Agreement shall comply with all applicable federal, state and local laws, rules and regulations in carrying out the terms and conditions of this Agreement. 16. Filing. Copies of this Agreement shall be filed with the Yakima County Auditor, pursuant to RC W 39.34.040, and with the City Clerk of Yakima. CITY OF YAKIMA R.A. Zais, Jr., City Manager Date Signed ATTEST: Deborah Kloster, City T .m*w Y SEAL CITY CONTRAC r RESOLUTION Page 4 of 4 City- County Interlocal Agreement — PPrformanr.P Park BOARD OF YAKIMA COUNTY COMMISSIONERS Rand Elliott, Chairman Date Signe Kevin J. Bouchey, Commissioner Date Signed Michael D. Leita, Commissioner Date Signed 14. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 15. Compliance with Law. All Parties to this Agreement shall comply with all applicable federal, state and local laws, rules and regulations in carrying out the terms and conditions of this Agreement. 16. Filing. Copies of this Agreement shall be filed with the Yakima County Auditor, pursuant to RCW 39.34.040, and with the City Clerk of Yakima. CITY OF YAKIMA R.A. Zais, Jr., City Manager Date Signed ATTEST: Deborah Kloster, City Clerk APP MOVED AS TO TRM: TerrD%Austin, rhi Legal Counsel of Yakima Cou , Washington City- County Interlocal Agreement — Performance Park BOARD OF YAKIMA COUNTY COMMISSIONERS X494 nd Iliott, Chairman Date 9riglhed. ' ey, Commissioner Date Sigfied Michael D. Leita, Commissio �— — qIZ05-. I Date Signed PA M.A C��,i�� . cn oF:�� ✓�� Attest: Page 4of4 Christina S. Steiner Clerk of the Board