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22-051.00 City of Spokane: Truck Wash Facility Use DocuSign Envelope ID:7A2B90A1-DE98-4798-B088-E31B9C457C52 001 AGREEMENT THIS AGREEMENT is between the CITY OF SPOKANE, a Washington State municipal corporation, as "Spokane", and CITY OF SPOKANE VALLEY, whose address is 10210 E Sprague Avenue, Spokane Valley, Washington 99206, as "Spokane Valley". The parties agree as follows: 1. DESCRIPTION OF WORK. City of Spokane agrees to furnish car and truck wash services to City of 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 operational. 2. CONTRACT TERM. The Agreement shall begin on March 15, 2022 and end on March 14, 2027, 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. City of Spokane shall submit monthly applications for payment to the City of Spokane Valley, email:Accountspayable@spokanevalley.org. Payment will be made within thirty (30) days after receipt of City 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 termination, the City of Spokane Valley shall pay the City of Spokane 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. 8. INDEMNIFICATION. A. Spokane shall defend, indemnify and hold harmless City of 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 City of Spokane's performance of this Agreement, except to the extent of those claims arising from the negligence of City of Spokane Valley, its officers and employees. B. City of Spokane Valley shall defend, indemnify and hold harmless City of Spokane, its officers and employees, from and against all claims for DocuSign Envelope ID:7A2B90A1-DE98-4798-B088-E31B9C457C52 damages, liability, cost and ex-pense arising out of the negligent conduct of City of Spokane Valley's performance of this Agreement, except to the extent of those claims arising from the negligence of City 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 City of Spokane and City of Spokane Valley, agree 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 City of Spokane and City of Spokane Valley. 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. 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 DocuSign Envelope ID:7A2B90A1-DE98-4798-B088-E31B9C457C52 CITY OF SPOKANE VALLEY CITY OF SPOKANE �-Docu3ipned by: DocuSigned by: By: By: CkL44r1, li�,�(.itn..S .. 71801587FEEEtg aA44ataawo)4t.nature) (signature) Print Name: John Hohman Print Name: Richard Giddings Title: City Manager Title: Fleet Services Director Date: 3/21/2022 Date: 3/21/2022 Email: jhohman@spokaneval1ey.org Email: rgiddings@spokanecity.org APPROVED: Attest: DDocuSlpned by: Docu3ipned by: IMOILI ilptt If Ass1M3f2 Attorney i 'Mr'''. DS OF SPO ki cp,00 °Iit-"j1P 1/INC UN-11\11 OPR 2022-0215 01/01/2035 i►-,� City of Spokane Cross Ref Alt File# Minor Contract Summary ,''1 v 111 partment Name* Department Project# CR# =ET SERVICES Emitter Primary Contact Primary Contact Email Starting Date IARTINEZ MICAELA MARTINEZ MMARTINEZ@SPOKANECI 03/15/2022 TY.ORG ontractor/Consu Itant lame\Contractor‘Firm ;ITV OF SPOKANE VALLEY :ontact Name Contact Email THANE ARLT SARLT@SPOKANEVALLEY ORG lddress Remittance Address 0210 E SPRAGUE AVE :ity,State, Zip Remittance City, State, Zip ;POKANE VALLEY, 99206 ummary of Services )escription* ;ity of Spokane agrees to furnish car and truck wash services to City of Spokane Valley at its Broadway Fuel and Wash Facility, located at 616 East Broadway Avenue, Spokane,Washington. Services will be furnished on an as requested basis,twenty-four(24)hours per day, even(7)days per week. when the facility is operational. pedal Instructions for Clerks Office hank you. Contract Cost Amount Budget Code* Notes $9.999.00 510071600189003445199999 "Dial Amount* Effective Date* Expiration Date* 9,999.00 03115/2022 03/1412027 :ontract Type* JEW CONTRACT f new vendor,W-9 and ACH form has been submitted to Accounting* 'ES 2uotes (per Purchasing Policy to be kept on file in Dept.)* 'ES nsurance Certificate(attach to the contract)* 'ES :ity Business Registration (attach verification that a current business license number exists)* 'ES s this a Lease?* 10 ectronic Approvals ►ccountant for Review k BRAZINGTON ►dditional Review(Optional) ►ccountant Date RAZINGTON TODD 03/1512022 )epartment Head Date 3IDDI\GS. RICHARD 0311512022 )ivision Head Date ;rants (If applicable) Date istribution List :ontractor Email Contract Accounting Email arlt@spokanevalley.org ddaniels@spokanecity.org )ept Contact Email Taxes and Licenses Email imartinez@spokanecity.org tax&licenses@spokanecity org ►dditional Email Additional Email ccountspayablespokanevalley.org fleetservicesaccounting@spokanecity.org ►dditional Email Additional Email ►dditional Email Additional Email ve