HomeMy WebLinkAboutResolutions - 2021-19 - Interlocal Agreement between the City of East Wenatchee and Douglas County Sewer District for sewer and stormwater pipeline inspection and cleaning - 8/17/2021City of East Wenatchee Resolution 2021-19
Retain Resolution until no longer needed for City-business, then transfer to Washington State
Archives (GS50-05A-16 Rev. 1)
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City of East Wenatchee, Washington
Resolution No. 2021-19
A Resolution of the City of East Wenatchee, Washington authorizing
the Mayor to execute an Interlocal Agreement Between the City of East
Wenatchee and the Douglas County Sewer District for Sewer and
Stormwater Pipeline Inspection and Cleaning.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish,
Braille, read aloud, etc.), please contact the City Clerk at
alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at
711 (TTY).
2. Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO
RESOLVE AS FOLLOWS:
3. Authorization. The City Council authorizes the Mayor to execute an Interlocal Agreement that conforms to the language set forth in Exhibit A.
4. Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution.
5. Publication. The City Council directs the City Clerk to publish a
copy of the Interlocal Agreement on the City’s website once it is
signed by all parties.
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INTERLOCAL AGREEMENT BETWEEN DOUGLAS COUNTY SEWER DISTRICT NO. 1
AND CITY OF EAST WENATCHEE
Sewer and Stormwater Pipelines – Inspection and Cleaning
THIS INTERLOCAL AGREEMENT ("Agreement") is entered into by and between
DOUGLAS COUNTY SEWER DISTRICT NO. 1, a Washington Municipal Corporation (the
"District"), and the CITY OF EAST WENATCHEE, a Washington Municipal Corporation (the
"City"), sometimes individually referred to as a "Party" and collectively referred to as the
"Parties" herein.
WHEREAS, The City and the District have a joint interest to periodically inspect their
respective infrastructure, and recognize mutually beneficial cost saving opportunities
presented by working with one another; and
WHEREAS, this Agreement is necessary to document the District and City
understanding concerning their respective roles when working together to complete
inspections; and
WHEREAS, Chapter 36.70A RCW authorizes a public agency to enter into an
agreement with another public agency for joint or cooperative action;
NOW, THEREFORE, the City and the District agree as follows:
1. Purpose. The purpose of this Agreement is to enable the City and the District to make
the most efficient use of resources by utilizing some services and equipment of the
other when in the opinion of the City Natural Resource Specialist and the District
Manager such cooperation would be beneficial. The work to be performed pursuant
to this Agreement is inspection and cleaning of District sewer pipelines and City
stormwater pipelines.
2. Duration and Termination. This Agreement shall become effective upon recording
of the executed Agreement with the Douglas County Auditor. This Agreement will
remain in effect until five (5) days following the date either the City or the District submits
a written notice to the other to terminate this Agreement.
3. Organization of separate entity and its powers. This Agreement does not create a new
or separate legal entity.
4. Filing and Recording of Agreement. The City will file this Agreement with the
Douglas County Auditor. Also, the City will place a copy of this Agreement on its
website.
5. Financing. Each Party is responsible for the financing of its contractual obligations
under its normal budgetary process.
Exhibit A to Resolution 2021-19
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6. Work Schedules. Work completed under this Agreement shall be agreed upon by City
Natural Resource Specialist and by the District Manager prior to any work being
completed.
7. Responsibility of The City. The City shall provide staff and equipment to oversee traffic
control for District and City pipeline inspections and/or cleanings and observe the City
inspections to help identify unknown connections. The City will also provide an electronic
map with identifiers for each segment of City stormwater pipeline the City is requesting
the District to inspect or clean and locations of all applicable access points. The City will
furnish an SD Card or USB drive for storing video recordings of the City stormwater
pipelines. The City agrees to pay all associated costs including salary, benefits and
equipment rates incurred by City staff. Any City owned equipment damaged during the
inspections shall be the sole responsibility of the City.
8. Responsibility of The District. The District shall provide staff and equipment to conduct
City and District pipeline inspections and will use the City provided storage device to
record all inspections of City pipelines. Each inspection shall be clearly labeled at the
beginning of the video with the unique identifier the City has provided. The District will
sanitize the inspection equipment before using it in the City storm pipelines. The District
agrees to pay all associated costs including salary, benefits and equipment rates incurred
by District staff. Any District owned equipment damaged during the inspections shall be
the sole responsibility of the District.
9. Administration. The District Manager shall administer this Agreement on behalf of the
District. The City Natural Resource Specialist shall administer this Agreement on behalf
of the City.
10. Mutual Indemnity. The District shall indemnify, defend and hold harmless the City,
its officers, agents and employees, from and against any and all claims, losses or
liability, or any portion thereof, arising from injury or death to persons or damage to
property occasioned by any negligent act, omission or failure of the District, its
officers, agents, and employees, in connection with the work described in this
Agreement.
The City shall indemnify, defend and hold harmless the District, its officers, agents
and employees, from and against any and all claims, losses or liability, or any portion
thereof, arising from injury or death to persons or damage to property occasioned by
any negligent act, omission or failure of the City, its officers, agents and employees,
in connection with the work described in this Agreement.
11. Severability. In the event that any provision of this Agreement shall be
determined to be unenforceable or otherwise invalid for any reason, such
provision shall be enforced and validated to the extent permitted by law. All other
provisions of this Agreement are severable, and the unenforceability or invalidity
of any single provision hereof shall not affect the remaining provisions.
Exhibit A to Resolution 2021-19
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12. Dispute Resolution. The Parties mutually intend to establish procedures to facilitate the
informal and inexpensive resolution of all disputes arising under this Agreement, by mutual
cooperation and without resort to litigation. Accordingly, all disputes involving the work
performed pursuant to this Agreement or a claimed breach of this Agreement shall be
resolved in accordance with the following procedures:
• Negotiation. The Parties agree to first attempt to negotiate a
mutually satisfactory resolution to the dispute as follows:
• The complaining Party shall provide written notice to the other Party
of the alleged dispute, controversy, claim or breach of Agreement
(hereinafter “Dispute’) by explaining in writing the nature of the
Dispute, and referring to the relevant paragraphs of this Agreement
upon which it bases its position regarding the Dispute. The
complaining Party must also set forth in such notice a proposed
resolution of the Dispute;
• The Party receiving such notice, the responding Party, shall respond
in writing by notice to the complaining Party within twenty days of the
receipt of the complaining Party’s notice, with an explanation of its
defensive position, if any, including references to the relevant
paragraphs of the Agreement and a response to the proposed
resolution and any proposed alternative resolution; and
• Within twenty days following the complaining Party’s receipt of the
responding Party’s response, the Parties shall meet and discuss
options for resolving the Dispute. The complaining Party shall initiate
the scheduling of this resolution meeting. In the event the responding
Party fails to cooperate in scheduling the resolution meeting, then
the complaining Party may elect to skip the negotiation procedure
and immediately proceed with litigation.
13. Attorney’s Fees. In any claim or lawsuit arising from this Agreement, including all
appeals, each Party shall pay its own attorney fees and costs regardless of the outcome;
provided, however, nothing in this Section limits the Parties’ rights to indemnification under
Section 10 of this Agreement.
14. Construction. This Agreement contains the entire agreement between the Parties with
respect to the subject matter hereof and supersedes all prior agreements or
understandings between the Parties with respect thereto. This Agreement may be
amended only by an agreement in writing signed by the Parties.
15. Mutual Negotiation and Construction. This Agreement and each of the terms and
provisions hereof are deemed to have been explicitly negotiated between, and
mutually drafted by, the Parties, and the language in all parts of this Agreement shall,
in all cases, be construed according to its fair meaning and not strictly for or against
either Party.
16. Governing Law; Venue. This Agreement is governed by the laws of the state of
Washington. The jurisdiction for any action arising out of the existence of this
Exhibit A to Resolution 2021-19
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Agreement shall be in the Superior Court of the State of Washington, in and for
Douglas County.
17. Photocopies. Photocopies of signatures on this Agreement shall be considered the
same as original signatures on this Agreement for all purposes.
APPROVED by the Board of Commissioners APPROVED by the City Council of
of Douglas County Sewer District No. 1 the City of East Wenatchee at
at an Open Public Meeting the ____ day an Open Public Meeting the ____
of ___________, 2021. day of _________, 2021.
______________________________ ____________________________
Cheryl Sutton, Board President Jerrilea Crawford, Mayor
Attest: Attest:
______________________________ ____________________________
Bernita Landers, District Manager Maria Holman, City Clerk
Address for Giving Notices: Address for Giving Notices:
Douglas County Sewer District No. 1 City of East Wenatchee
Attention: Manager Attention: Mayor
692 Eastmont Ave 271 9th Street NE
East Wenatchee, WA 98802 East Wenatchee, WA 98802
Exhibit A to Resolution 2021-19