AG 92-237 - FEDERAL WAY WATER AND SEWER DISTRICT •
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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.
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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.
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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
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FEDERAL WATER AND SEWER DISTRICT
By v 1' - /
Roger / . Brown
Director of Finance/Administration
APPROVED AS TO FORM:
By
Its
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FEDERAL WATER AND SEWER DISTRICT
I
By •
Roger /f • Brown
Director of Finance/Adminiattation
APPROVED AS TO FORM;
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