15-127.00 City of Spokane: Use of Truck Wash Facility City Clerk's No.
AGREEMENT
THIS AGREEMENT is between the CITY OF SPOKANE, a Washington State
municipal corporation, as "Spokane", and CITY OF SPOKANE VALLEY, whose
address is 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington
99206, as "Spokane Valley".
The parties agree as follows:
1. DESCRIPTION OF WORK. Spokane agrees for furnish car and truck wash
services to Spokane Valley at its Broadway Fuel and Wash Facility, located at 2616
East Broadway Avenue, Spokane, Washington. Services will be furnished on an as-
requested basis, twenty-four (24) hours per day, seven (7) days per week, when the
facility is operaitonal
2. CONTRACT TERM. The Agreement shall begin on November 1, 2015 and end
on October 31, 2018, unless terminated earlier.
3. COMPENSATION. Spokane Valley shall pay Spokane the following as full
compensation for the services provided under this Agreement:
Automatic Wash $7.00 per use
Pressure Wash $1.25 per minute
Prices are subject to change annually.
4. PAYMENT. Spokane shall submit monthly applications for payment to the City
of Spokane Valley, Administration Office, 11707 East Sprague Avenue, Spokane
Valley, Washington 99206. Payment will be made within thirty (30) days after receipt of
Spokane's application.
5. TERMINATION. Either party may terminate this Agreement, with or without
cause, by ten (10) days' written notice to the other party. In the event of such termina-
tion, the City shall pay the Company for all work previously authorized and performed
prior to the termination date.
6. COMPLIANCE WITH LAWS. Each party shall comply with all applicable federal,
state, and local laws and regulations.
7. INDEPENDENT CONTRACTOR. The parties intend that an independent
contractor— employer relationship will be created by this Agreement.
1
i S
8. INDEMNIFICATION.
A. Spokane shall defend, indemnify and hold harmless Spokane Valley, its officers
and employees, from and against all claims for damages, liability, cost and ex-
pense arising out of the negligent conduct of Spokane's performance of this
Agreement, except to the extent of those claims arising from the negligence of
Spokane Valley, its officers and employees.
B. Spokane Valley shall defend, indemnify and hold harmless Spokane, its officers
and employees, from and against all claims for damages, liability, cost and ex-
pense arising out of the negligent conduct of Spokane Valley's performance of
this Agreement, except to the extent of those claims arising from the negligence
of Spokane, its officers and employees.
9. INSURANCE. Each party warrants that it carries General Liability Insurance and
Automobile Liability Insurance coverages. Certificates of insurance shall be provided
upon request.
10. NONDISCRIMINATION. No individual shall be excluded from participation in,
denied the benefit of, subjected to discrimination under, or denied employment in the
administration of or in connection with this Contract because of age, sex, race, color,
religion, creed, marital status, familial status, sexual orientation including gender
expression or gender identity, national origin, honorably discharged veteran or military
status, the presence of any sensory, mental or physical disability, or use of a service
animal by a person with disabilities. The Firm agrees to comply with, and to require that
all subcontractors comply with, Section 504 of the Rehabilitation Act of 1973 and the
•
Americans with Disabilities Act, as applicable to the Firm.
11. ANTI-KICKBACK. No officer or employee of the City of Spokane, having the
power or duty to perform an official act or action related to this Agreement shall have or
acquire any interest in the Agreement, or have solicited, accepted or granted a present
or future gift, favor, service or other thing of value from or to any person involved in this
Agreement.
12. MISCELLANEOUS PROVISIONS.
A. ASSIGNMENTS. Neither party may assign, transfer or subcontract its interest,
in whole or in part, without the other party's prior written consent. In the event of
an assignment or transfer, the terms of this Agreement shall continue to be in full
force and effect.
B. DISPUTES. This Agreement shall be performed under the laws of the State of
Washington. Any litigation to enforce this Agreement or any of its provisions
shall be brought in Spokane County, Washington.
2
C. SEVERABILITY. In the event any provision of this Agreement should become
invalid, the rest of the Agreement shall remain in full force and effect.
D. AMENDMENTS. This Agreement may be amended at any time by mutual
written agreement.
Dated: (74-.,/ 2 2/ 2OAS- CITY OF SPOKANE
By .Li
,
Title: /cif S02/..rt-d," Ates
Attest: Approved as t form:
City Clerk Assistant ity Attorne
Dated: Iq/2f/2C5 CITY OF SPOKANE VALLEY
Email Address: wnaa.Ekwca sio eYat t ,cT
By: 6/1/k—, Odittrtu..--
,, � t
Title: 7���`f?.� *ler
C
15-273
3