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AG 13-072iZETURN TO: ��� � EXT: 'Z. "� v �- CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM l. ORIGINATING DEPT/DIV: PUBLIC WORKS /�'��"'�• 6. ORIGINAT[NG STAFF PERSON:� --L'�- _, EXT: �� l� 3. DATE REQ. BY:_ TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBL[C WORKS CONTRACT ❑ SMALL OR L[MITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCLfNiENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): �{ INTERLOCAL a OTHER � \ PROJECT NAME: � NAME OF CONTRACTOR: i W-� V V• h� � ADDRESS: �� I � 5 33 2r � ��� � E-MAIL: S[GNATURE NAME: ��.�" �`t' �� TELEPHONE F�: TITLE: ��! ! r�� a G.r.� EXHIBITS AIYD ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑[NSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO S[GN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL. EXP. I2/31/_ UBI # , EXP. /_/_ TERM: COMMENCEMENT DATE: `I � I� COMPLETION DATE: ��I �I �I � TOTAL COMPENSATION: $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) rzFIMRt �RCAR( F. F.XPRNSF.: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, p PURCHASING: PLEASE CHARGE TO: UL-- �� q�.�-`-S 1 O. DOCUMEIYT / COI�TRACT REVIEW ❑ PROJECT MANAGER ❑ D[VISION MANAGER ❑ DEPUTY DIRECTOR ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPL[CABLE) ❑ Law DE�r I 11. COUNCIL APPROVAL ([F APPLICABLE) INITIAL / DATE REVtEWED COMN[ITTEE APPROVAL DATE: 12. COIYTRACT S[GNATURE ROUTING ❑ SENTTO VENDOK/CONTRACTOR DATE SENT: l2'S11 � ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPT ❑ S[GNATORY ( AYOR OR D[RECTOR) � CITY CLERK � I7.��I� ASSIGNED AG # SiGNED COPY RETURNED ICOMMENTS: �.ic�rrrF "'..}" (lurrrlvar.G INITIAL / DATE S[GNED � 22 - 3 �2 �,S %2S /1 'S AG# DATE SENT: ' � c�'�': PAID BY: ❑ CONTRACTOR ❑ CITY INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: � f%D INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND FEDERAL WAY SCHOOL DISTRICT NO. 210 FOR USE OF SCHOOL DISTRICT FUELING STATIONS J� This Agreement is made and entered into this � 5 day of ��r�-�'1 2013, between the City of Federal Way, a Washington municipal corporation ("City"), and the Federal Way School District No. 210 ("School District" or "District") for the use of the School District Fueling Stations ("Facilit}�'), including access to and use of the pumps, fuel, and access cards located at the School District facility. The City and the School District (together"Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: SCHOOL DISTRICT: Cindy Wendland Director of Tran�ortation 1211 S. 332nd St. Federal Way, WA 98003 (253) 945-5960 (telephone) CITY OF FEDERAL WAY: Ca.ry Roe, Director of Parks, Public Works and Emergency Management 33325 8�' Ave. S. Federal Way, WA 98003 (253) 835-2710(telephone) Whereas, Chapter 3934 RCW, the Interlocal Cooperation Act, authorizes the Cit}and the School Districtto enter into interlocal agreements for joint or cooperative action� and. Whereas, the City and the District share a common interest in minimizing costs for our taxpayers; The Parties agree to the following terms and conditions: 1. Purpose. T'he parties desire to cooperate to allow the City to use the School District's Facility so that fuel can be purchased at a less costly rate thereby saving the ta�cpayers money so long as the City's use does not interfere with the School District's use 2. Term. The duration of this Agreement shall be for an initial period from January 1, 2013 to December 31, 2013. Thereafter, this Agreement shall automatically renew year to year unlesseirminated pursuant to Section 4 belov¢ 3. Use of Facility. 3.1 Scope of Use. Subject to the terms of this Agreement, the City may use the Facility for the fueling of City vehicles. 3.2 Hours of Use. 'The Facility is to be open and available for use 24 hours a day, seven days a week. Except for emergencies, City staff will not use the Facility on days when school is in session during the following times: 6:00 am — 7:00 am 1:00 pm — 2:00 pm 8:30 am — 9:30 am 3:30 pm — 4:30 pm 33 Access Cards. The District shall issue to the City access cards that will be assigned to each driver. This access card will serve as a way to open the gate to the Facility. Each driver will be assigned a specifc PIN, so that fuel usage can be tracked on an individual basis. If and/or when an employee leaves the City, the City shall notify the District in writing so that individual's PIN and access card can be deactivated from the system. The District shall not be liable for unauthorized use of Cit}access cards. 3.4 Compensation. The City agrees to reimburse the School District for all fuel used at the invoiced rack price, including all mandated taxes. In addition, the City agrees to pay the District a$0.05 per gallon administration fee to cover the cost of issuing access cards and billing the City for its fuel usage and to help offset the costs of licenses, inspections, maintenance and equipment upgrades or replacements The District reserves the right to revise the administration fee on an annual basis. 3.5 Dama�e. In the event that the Facility is damaged by City staff, the City agrees to compensate the District for any and all relatedcosts. 3.6 Method of Billin�. The Districtwill invoice the City monthly. The City agrees to pay each monthly invoice in full within 30 days of the billing date. Failure to pay account balance in full within 30 days of billing date may result in interest diarges on unpaid account balance and terminaton of Facility us� 4. Termination. The District or City may terminate this Agreement upon thirty (30) days prior written notice to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incuned in accordance with the terms of this Agreement prior to the effective date of termination. 5. Insurance. 5.1 Amoun� It is hereby understood and agreed that each party to this Agreement shall obtain and maintain public liabilityinsurance in an amount not less than FIVE MILLION AND NO/100 DOLLARS (5,000,000) single limit liability. The policy shall include but not be limited to (1) Coverage for premises and operations; (2) Contractual liability (including specifically liability assumed herein); and (3) Employers Liability or "Stop-Gap" coverage. By requiring such liabilitycoverage, neitherthe Districtnor the City shall be deemed to, or construed to, have assessed the risks that may be applicable to the other Party in this Agreement. T'he City and District shall assess their own individual risks and, if either deems appropriate andlor prudent, maintain greater limits or broader coverage than is herein specified. 5.2 Evidence of Coverase. Each Party shall make available upon request to the other Party proof of public liability insurance in the form of either an evidence of coverage letter or a certificate of insurance naming the other Party as an additional insured and showing proof of the required insurance coverage. Insurance coverage shall be maintained at all times during the duration andlor performance of this Agreement. Either Party's failure to maintain such insurance shall be grounds for the immediate termination of this Agreement. 5 3 SurvivaL The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. Hold Harmless. Each Party agrees to protect, defend, indemnify, and hold harmless the other Party, and its respective officers, officials, employees, and agents, from any and all claims, demands suits, penalties, loses, damages, judgments, attorneys' fees, and/or costs of any kind whatsoever, arising from, resulting from, or connected with this Agreementto the extent caused solely by the negligent acts, errors or omissions ofthat Party, its respective partners, shareholders, officers, employees, agents, and/or subcontractors, or by the that Party's breach of the Agreement. TheprovisionsofthissectionshallsurvivetheexpirationorterminationofthisAgreementwithrespect to any event occurring prior tosuch expiration or termination. The City agrees it has inspected the Facility and accepts the site in "As Is" condition. Furthermore, the City agrees to use the site at their own risk. The District shall not be held liable for any damages, injuries, claims or losses that may occur when utilizing the Facility except for damages or injuries caused by the negligence of the District. 2 7. General Provisions. 7.1 7.2 Entire Agreement This Agreement contains all of the agreements of th�arties with respect to any matter covered or mentioned in this Agreement and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. Modification. No provision of this Agreement may be amended or added to except by agreement in writing signed by the Parties or their respective successors in interest. 7.3 Full Force and Effect Any provision of this Agreementwhich is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 7.4 Attorne,�Fees. In the event the City or the District defaults on the performance of any terms in this Agreement, and the District or City places the enforcement of the Agreement or any part thereof, or the collection of any monies due, or to become due hereunder, or recovery of possession of any belongings, in the hands of an attorney, or f le suit upon the same, each Party shall pay all its own attorney's fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. IN WITNESS WHEREOF, the above and foregoing Inta�local has been executed by the parties hereto and made effective on the day and year first above written: CITY OF FEDERAL WAY � Skip Priest, ayor Attest: Carol McNeilly, CMC, ity Clerk App ved as to Form: —� �2 Patricia chardson, City Attorney K:�Agreements/Interlocal/2012/School District Fuel FEDERAL W Y CHOOL DISTRICT NO. 210 � Robe eu, Superintendant Approved as to Form: A Diana L. See e , Director of Risk Manage ent and Purchasing ` CITY OF � Federal Way City of Federal Way • Public Works Department 33325 8"' Avenue South • Federal Way, WA 98003 Phone 253-835-2700 • Fax 253-835-2709 • www.citvoffederalway.com LEITER OF TRANSMITTAL Date: March 25, 2013 To: Federal Way School District From: Mary Jaenicke, Administrative Assistant to Ms. Cindy Wendland Cary M. Roe, P.E., Director of Parks, Public Director of Transportation Works and Emergency Management 1211 S. 332"d Street Federal Way, WA 98003 RE: Interlocal Agreement for Use of School District Fueling Stations TRANSMITTED AS CHECKED BELOW: ❑ For Your Review � For Your Approval � For Your Action � As Requested ❑ For Your Information ❑ Under Separate Cover ITEMS�COPIES � DESCRIPTION • . . _- � Please Return ❑ Other ❑ Via COMMENTS: Enclosed are two contracts that have been signed by the City. Please sign both contracts and return one original back to me. Thank you cc: Project File Day File