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 Page 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
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