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AG 92-237 • 6 ?°z - d37 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND THE FEDERAL WAY WATER AND SEWER DISTRICT (Relating to road snow and ice removal) THIS INTERLOCAL AGREEMENT ("Agreement") is dated effective this 15th day of December, 1992. The parties ("Parties") to this Agreement are the City of Federal Way ("City") and the Federal Way Water and Sewer District ("District") . WHEREAS, the City is responsible for maintaining the roads within the City's jurisdictional boundaries; and WHEREAS, road maintenance includes the responsibility for sanding and snow removal; and WHEREAS, the District has the capability to perform sanding and snow removal; and WHEREAS, it is in the public interest for the two (2) jurisdictions to cooperate and coordinate the snow and ice removal program to provide the best service to the citizens of Federal Way; and WHEREAS, the City and the District are authorized to enter into this Agreement pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act, NOW, THEREFORE, the City and the District agree as follows: SECTION 1.0 SCOPE OF WORK 1.1 District Responsibilities. The District shall: (a) Provide one (1) five (5) cubic yard dump truck ("Truck") to be used by the City in connection with its snow and ice removal program. The Truck shall be dispatched pursuant to City instruction. The District shall be solely responsible for performance and cost of all maintenance and repair of the Truck. The District agrees to deliver the Truck in good working condition to the City upon the City's request that the Truck is required in connection with its snow and ice removal program. (b) Provide to the City a sufficient number of employees to operate the Truck so that two (2) operators are available during each Truck shift. The District shall be solely responsible for compensating and paying all benefits to the employees, for which the City shall reimburse the District. The District shall be solely responsible for training the employees in connection with operation of the Truck and in connection with snow and ice removal methods. The District represents that all Truck operators have been adequately trained to perform the services and have been screened to ORIGINAL insure that all have safe driving records. The Truck operators shall maintain a log which includes a description of their snow and ice removal efforts, including street names, dates, time of service and type of material deposited on any streets, public right-of-way or other public place. It is agreed that the District makes no warranties of any kind, either express or implied, as to the effectiveness of the snow removal operation performed hereunder, nor to the safety of any road, street or highway upon which snow removal operations are performed, while these employees are under the City's direction. 1.2 City Responsibilities. The City shall: (a) Pay the District for its actual costs as identified herein, including direct labor, equipment rental, materials, supplies, and administrative overhead expenses, incurred in connection with performing the services described in Section 1 above. Payment by the City will only be after the services have been performed, an invoice is submitted in the form specified by the City. Payment will be made on a monthly basis thirty (30) days after receipt by the City of such invoice. (b) Authorize the District employees to perform certain snow and ice removal services on City roads for the purposes of carrying out this Agreement, all pursuant to the City's express instruction. (c) Provide the District with the log specified in Section 1. 1(b) of this Agreement and training on the proper use of said log. (d) Provide all insurance coverage for ice and snow removal operations, including coverage for Truck operation and activities of District employees while District employees are under the control and supervision of the City, provided that this does not modify the District's duty as to Truck performance and maintenance, nor the District's duty to provide to the City employees adequately trained for these services pursuant to Sections 1.1(a) and 1.1(b) herein. The City will deliver an insurance certificate to the District naming the District as additional insured on such policies, which certificate shall be delivered within two (2) days of full execution of this Agreement. (e) At its option, provide City employees to perform trucking operating duties for the snow and ice removal operations. 2 i 1. 3 Indemnification. The City shall indemnify, defend and hold harmless the District and its officers, agents and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever except as provided in paragraphs 1. 1(a) and 1. 1(b) , which are caused by or result from a negligent act or omission of the District, its employees and the City, its officers, agents and employees, including concurrent negligence of each, however, should the assumption of the District's sole negligence by the City be deemed improper by a court of competent jurisdiction, such assumption shall not occur, provided further however, that the other indemnification obligations shall remain unaffected and in full force and effect. In the event that a suit by a third party based upon such a claim, action, loss, or damage is brought against the District, or the City and the District, the City shall defend the same at its sole cost and expense; and if final judgment be rendered against the District, and its officers, agents, and employees or jointly against the District and the City and their respective officers, agents, and employees, the City shall satisfy the same. 4. Nondiscrimination. The City and the District certify that they are equal opportunity employers, and in all hiring and employment made possible by or resulting from this Agreement, there will be no discrimination by either the District or the City or their employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions) , race, color, creed, national origin, marital status or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The District and the City will not violate any of the terms of Chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973 or any other applicable federal, state or local law or regulation regarding non-discrimination. Any material violation of this provision shall be grounds for termination of this Agreement by either Party. 5. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review or audit by the City or the District during the term of this Agreement and three (3) years after termination. • 3 • f P01, /41 6. Duration. This A. Bgement shall be for a term of one (1) year commencing on December 13, 1992, and shall automatically renew from year to year thereafter; provided, however, that either Party may terminate this Agreementvupon thirty days' written notice to the other Party. e %»a 7. Amendments. The Agreement may be ame ded at any time by mutual written agreement of the Parties. 8. Entire Agreement. The Parties agree that this Agreement is the complete expression of the terms hereto and all oral representations or understandings not incorporated herein are excluded. 9. Administration. This Agreement shall be administered on behalf of the City by the City Manager, or his or her designee and on behalf of the District by the Director of Finance/Administra- tion, or his or her designee. 10. Invalid Provisions. If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not be affected and shall remain in full force and effect. DATED effective the 15th day of December, 1992. THE CITY OF FEDERAL WAY BY / J. en cFa Ci y Manager ATT • By Ada__ / City Clerk, Maureen M. -waney, CMC APPROVE AS TO FORM: Y City Attorney, Carolyn A. Lake 4 r FEDERAL WATER AND SEWER DISTRICT By v 1' - / Roger / . Brown Director of Finance/Administration APPROVED AS TO FORM: By Its MARYK\DOCISNOWICE.WS2 5 DEC — Lea - 92 II D 1 T : � P � = ' Jii�i �,1;va s i vi 1 cvenAL. wti i 4—I t"at : C•a 4141,+ i Lily VI" rCUCnAL T" ;jj d FEDERAL WATER AND SEWER DISTRICT I By • Roger /f • Brown Director of Finance/Adminiattation APPROVED AS TO FORM; 1/24-yE4— Xt 4a,614 7 MARYINVOSNQW10E.WS: 5