County s Department of Public Works Administration PWA Building

INTERLOCAL AGREEMENT
between the
COWLITZ COUNTY DEPARTMENT OF PUBLIC WORKS
and the
COWLITZ 2 FIRE
RESCUE
for the
USE OF A PORTION OF THE
PUBLIC WORKS ADMINISTRATION WAREHOUSE
THIS INTERLOCAL AGREEMENT is made and entered into pursuant to Chapter
39 of the Revised Code of Washington by and between Cowlitz County Washington a
34
political subdivision of the State of Washington acting by and through its Board of County
Commissioners the
COUNTY
and the Cowlitz 2 Fire
Rescue a fire district situated in
Cowlitz County Washington hereinafter referred to as the DISTRICT
on the date shown
below
The purpose of this AGREEMENT is to facilitate the DISTRICT
S use of an approximately 430
square feet portion of the unheated warehouse owned by Cowlitz County and located at the
s Department of Public Works Administration PWA Building 1600 13 Avenue South
County
Kelso Washington 98632
1
INFRASTRUCTURE IMPROVEMENTS
The COUNTY will change the exterior and interior locks in the section of the
warehouse to be used as storage space The DISTRICT will be responsible for the
cost of the purchase and installation of the locks as well as all other costs for
requested improvements thereafter The building and its permanently fixed contents
and all other improvements associated with this Agreement will become and or
remain the property of the COUNTY
The DISTRICT shall request approval from the COUNTY for any other onsite
improvements prior to their installation
2
OPERATIONS
The COUNTY agrees to provide the DISTRICT with a key to the exterior door of the
warehouse for access to the storage facility
The DISTRICT will have access to the warehouse 24 hours per day seven days per
week
Page
1 of 5
The DISTRICT may select and store property belonging to the DISTRICT at the
storage facility except that there shall be no storage of flammable materials The
DISTRICT shall provide Material Safety Data Sheets MSDS for all chemicals
stored at the PWA facility There shall be no disposal of hazardous substances within
the PWA facility
The DISTRICT shall be responsible for the security and upkeep of the storage facility
and the contents therein
The DISTRICT agrees to remove all contents and restore the storage facility to the
original condition as of the date of this agreement or better immediately upon
termination of this agreement
3
RENT
The DISTRICT shall pay the COUNTY for the rent of the storage facility at a rate of
40 per month plus leasehold excise tax currently in the amount of 12
199
84 for a
total of 225
00 per month The rent will be invoiced and payable quarterly
This amount may be changed automatically with any change in the leasehold excise
tax amount or for any other reason with 30 days written notice to the DISTRICT
4
ADMINISTRATION OF CONTRACT
The administration of the provisions of this AGREEMENT shall be undertaken by the
Director of Public Works or their designee
5
TERM OF AGREEMENT
The term of this AGREEMENT is from the date of execution by both parties until
cancellation by either party hereto upon 30 days advance written notice to the other
6
PAYMENT
Payment for the costs associated with the items defined in Sections 1 and 2 of this
AGREEMENT shall be borne by the DISTRICT The COUNTY shall invoice THE
DISTRICT for rent due quarterly and for reimbursable costs incurred Payment is due
within 30 days of the date of invoices
Page
2 of 5
7
INSURANCE
The District agrees to defend pay on behalf of indemnify hold harmless and additionally
insure against any and all claims demands suites or loss the COUNTY its elected and
appointed officials and all agents employees and volunteers whether or not compensated
of the COUNTY while acting or in good faith purporting to act within the scope of their
official duties for the COUNTY or on its behalf
The DISTRICTs insurance shall be
primary and non contributory
The DISTRICT shall obtain and keep in force during the terms of the AGREEMENT or as
otherwise required the following insurance with companies or through sources approved
by the State Insurance Commissioner pursuant to Title 48 RCW
A
B
s compensation and employer
Worker
s liability insurance as required by the STATE
Commercial general liability and property damage insurance in an aggregate amount
not less than two million dollars 000
000 for bodily injury including death and
2
property damage The per occurrence amount shall not exceed one million dollars
000
1
00
000
C
Vehicle liability insurance for any automobile used in an amount not less than a one
million dollar 000
000 combined single limit
1
Excepting the Worker
s Compensation insurance and any professional liability insurance
secured by the DISTRICT the COUNTY will be named on all policies required hereunder
as an additional insured The DISTRICT shall furnish the COUNTY with verification of
insurance and endorsements required by this AGREEMENT The COUNTY reserves the
right to require complete certified copies of all required insurance policies at any time
All insurance shall be obtained from an insurance company authorized to do business in the
State of Washington The DISTRICT shall submit a verification of insurance as outlined
above within 14 days of the execution of this AGREEMENT to the COUNTY
No cancellation of the foregoing policies shall be effective without thirty 30 days prior
notice to the COUNTY
8
HOLD HARMLESS
Each party shall at all times indemnify and hold the other party harmless be solely
responsible for the acts or the failure to act of its appointed officials andor officers
employees agents contractors andor volunteers that occur or arise in any way out of the
performance of this Agreement and to save and hold the other party and its elected andor
appointed officials and or officers employees agents contractors andor volunteers
harmless from all costs expenses losses and damages including cost of defense incurred
as a result of any acts or omissions of the party
s elected andor appointed officials andor
officers employees agents contractors andor volunteers relating to the performance of
this Agreement
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3 of 5
9
SEVERABILITY
Any provision of this AGREEMENT which is prohibited or unenforceable shall be
ineffective to the extent of such prohibition or unenforceability without invalidating the
remaining provisions or affecting the validity or enforcement of such provisions
10
CONTACTS
The following are the names and contacts for the parties subject to this AGREEMENT
COWLITZ COUNTY DEPARTMENT OF PUBLIC WORKS
Attn
Kent Cash P
E
Director
1600 13 Avenue South
Kelso WA 98626
360 577 3030
COWLITZ 2 FIRE
Attn
RESCUE
Dave LaFave
Fire Chief
701 Vine Street
Kelso WA 98626
360 578
5218
Page
4 of 5
IN WITNESS WHEREOF the parties hereto have executed this AGREEMENT on the
day and date that is hereafter shown alongside the signatures of their respective authorized
officers
EXECUTED this
J4 day of Q
j
2012
BOARD OF COUNTY COMMISSIONERS
TZ 2 FIRE
COW
RESCUE
OF COWLITZ COUNTY WASHINGTON
f
George Raiter Chai
mes R
isner Com
Cowlitz 2 Fire
ssio er
Date
t scue Fire Chief
oL
2
Michael A Karnofski Comm Toner
ATTEST
APPROVED AS
Clerk of the Board
Deputy P
Page 5 of 5
0 FORM
cuting Attorney