Woodway Interlocal Agreement for Custodial ServicesCONTRACT ROUTING FORM
Thom Sullivan
Public Works
Originator:
Department/Division:
Name of Consultant/Contractor:
CONTRACT TITLE:
Woodway Custodial inter -local agreement
\11561
Routed by:
Date:
(City Clerk Use Only)
08/16/2017
Type of Contract: (GR) Grants (1) Intergovernmental Agreement (L) Lease Agreement
�- ❑ (S) Purchase of Services ❑ (W) Public Works [O} Other
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LU
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Bid/RFP Number:
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L) Effective Date: Completion Date:
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UHas the original City contract boilerplate language been modified? Yes ONO
If yes, specify which sections have been modified:
p Description Provide Custodial work to the City of Woodway's City Hall building twice a month a total of six staff hours per
V of Services: month.
Total Amount of Contract:
Budget # Amount.
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F Budget # Amount.
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Q Budget # Amount:
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QAre there sufficient funds in the current budget to cover this contract? •Yes
Z I Remarks
Authorization Level: Mayor
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:3 1. Project Manager
2. Risk Management/Budget
Z 3. City Attorney
N4. Consultant/Contractor
5. Other
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6. City Council Approval
Date (if applicable)
✓❑ 7. Mayor
8. City Clerk
7/18/2017
AGREEMENT FOR CUSTODIAL SERVICES
PURSUANT TO THE INTERLOCAL COOPERATION ACT
CHAPTER 39.34 RCW
WHEREAS, the City of Edmonds, Washington, is an optional code city constituted in
accordance with the provisions of Title 35A of the Revised Code of Washington; and
WHEREAS, the Town of Woodway, Washington, is an optional code city constituted in
accordance with the provisions of Title 35A of the Revised Code of Washington; and
WHEREAS, Chapter 39.34 of the Interlocal Cooperation Act authorizes public agencies,
including municipal corporations, to exercise their respective powers and any power capable of
being exercised by either party pursuant to an interlocal agreement; and
WHEREAS, the City Council of the City of Edmonds and the Town Council of the Town
of Woodway deem it to be in the public interest to enter into an interlocal agreement for the
provision of custodial services in accordance with the terms and conditions set forth therein;
NOW, THEREFORE, in consideration of the promises set forth in this interlocal agreement
and the mutual benefits to be derived, the City of Edmonds, Washington (hereinafter "Edmonds")
and the Town of Woodway (hereinafter "Woodway") have entered into this interlocal agreement
in accordance with the provisions set forth below:
I. TERM —DURATION
THIS AGREEMENT for Custodial Services ("Agreement") shall have a two (2) year term
commencing on July 1, 2017 and expiring on June 30, 2019.
1.1 This Agreement may be terminated by either party prior to the above expiration
date without cause by the provision of ninety (90) days' written notice as set forth in Paragraph
10.1 herein.
1.2 This Agreement may be terminated by either party for cause, and without the
requirement of ninety (90) days' written notice if, but only if:
1.2.1 Prior written notice of an alleged breach of the terms of the Agreement is provided
to the City or Town Clerk; and
1.2.2 The breach is not cured within 48 hours of the actual receipt of the written
notification of breach.
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II. PURPOSE — SERVICES TO BE PROVIDED
THE PURPOSE OF THIS AGREEMENT is to provide for certain custodial services to the
Town of Woodway. This Agreement does not create a separate entity for the provision of services.
Rather, it is the intent of the parties that Edmonds shall provide Woodway with twice monthly
custodial/cleaning services for the facility known as Woodway Town Hall. The services will be
provided by union represented City of Edmonds custodial staff. All Edmonds staff will maintain:
necessary background checks; drivers abstracts; criminal justice information training and
certification required by the Department of Homeland Security and the Federal Bureau of
Investigation; appropriate medical vaccinations; current CPR/First Aid card; professional
knowledge regarding best practices and industry standards for custodial work and green cleaning
products; compliance with required Safety Data Sheet labeling and/or documentation; compliance
with exposure safety protocols; and knowledge of any site specific hazards that may be known
(such as storage of fuel, chlorine, fertilizer, etc.).
III. RESPONSIBILITIES OF THE PARTIES
3.1 Edmonds's responsibilities in providing the above -described twice monthly
services, for an estimated three to four (3-4) hours per visit, are as follows:
3.1.1 Appropriately dispose of trash, recycling, and shredded paper (first floor
shred bucket) building wide.
3.1.2 Dust all areas of the building, including windowsills and office desks, as
appropriate.
3.1.3 Disinfect all hard surface countertops, dais, door knobs and door push/pull
bars.
3.1.4 Sweep and wet mop all hard surface flooring.
3.1.5 Vacuum all carpeted surfaces in common areas and offices (with spot
cleaning as directed).
3.1.6 Clean elevator stainless steel surfaces.
3.1.7 Disinfect and clean kitchen counters, clean both building microwave
ovens and range/refrigerator as needed.
3.1.8 Clean three bathrooms and one shower using accepted disinfectant
procedures, including mirrors.
3.1.9 Clean, dust and mop locker room.
3.1.10 Wipe and disinfect phones.
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3.1.11 Maintain entry area glass interior and exterior.
3.1.12 Provide clean chemicals and consumable cleaning materials (rags, mop
heads etc.).
Special arrangements shall be made for seasonal services such as garage sweeping, carpet cleaning,
hard surface floor care, high dusting, and window washing (interior only).
3.2 Woodway's responsibilities in connection with the above -described services are
as follows:
3.2.1 Provide access to Town Hall at scheduled times.
3.2.2 Schedule twice monthly visits at least 30 days in advance, Monday through
Friday, during the hours of 4:00 am to 12:00 pm and 4:00 pm to 12:00 am,
or on weekends by special request.
3.2.3
3.2.4
3.2.5
IV. OVERSIGHT AND REPORTING
4.1 The Edmonds and Woodway Public Works Directors, or their designees, shall act
as administrators of this Agreement for the purposes of RCW 39.34.030.
4.2 Reporting by Edmonds will consist of the detailed quarterly billing described in
Section VI, below.
V. EMERGENCY SITUATIONS
No Special Duty or Third Party Right Created. The parties understand and agree that in the
event of an emergent situation in Edmonds, services under this Agreement may be delayed or
suspended. Nothing herein shall be interpreted to create any third party right, nor is any special
duty to any third party, private party, person, or entity created as a result of this Agreement.
VI. BILLING PROCESS
6.1 Woodway shall pay to Edmonds the sum of $100.00 per hour for the services
provided by Edmonds under the terms of this Agreement, including any "special arrangement"
seasonal services. This hourly rate includes prevailing wages, benefits, transportation,
consumables, uniforms, training, administrative fees, and work compliance documentation. This
hourly rate shall increase beginning on July 1, 2018 by the percentage increase in wages for 2018
as set forth in the City's collective bargaining agreement with the Teamsters, which agreement is
scheduled to be negotiated in 2017. If the collective bargaining agreement has not been finalized
by July 1, 2018, this hourly rate shall increase on that date by 100% of the Seattle Tacoma
Bremerton CPI-U.
6.2 Edmonds shall provide a detailed quarterly billing, which shall include at a
minimum the dates and hours of services and a description of the services provided. Payment shall
be remitted within 30 days of billing. In the event of a dispute regarding billing, the parties agree
to submit the dispute to binding arbitration or such other form of alternative dispute resolution
(mediation) as the parties shall approve.
VII. SUPPLIES AND EQUIPMENT
Edmonds shall provide the above -described custodial services through use of its own
equipment and supplies, and shall be responsible for all costs associated therewith, including but
not limited to damage from any kind or nature and normal wear and tear.
VIII. LIABILITY AND INDEMNITY
8.1 Edmonds shall indemnify and hold harmless Woodway, its officers, agents and
employees from any claim, cause or liability of any kind or nature whatsoever arising from or out
of the negligence or wrongful tortious act of an Edmonds employee in the provision of services
under this Agreement. This promise to indemnify and hold harmless shall include a waiver of the
immunity provided by Title 51 RCW, to, but only to the extent necessary to fully effectuate its
promise.
8.2 Woodway shall indemnify and hold harmless Edmonds, its officers, agents and
employees from any claim, cause or liability of any kind or nature whatsoever arising from or out
of the negligence or wrongful tortious act of a Woodway employee in the provision of services
under this Agreement. This promise to indemnify and hold harmless shall include a waiver of the
immunity provided by Title 51 RCW, to, but only to the extent necessary to fully effectuate its
promise.
8.3 In the event of a claim, loss or liability based upon the alleged concurrent or joint
negligence or tortious act of the parties, the parties shall bear their respective liability, including
costs, in accordance with an assignment of their respective liability established in accordance with
the laws of the State of Washington.
IX. INDEPENDENT GOVERNMENTS
Edmonds and Woodway recognize and agree that each is an independent governmental
entity. Except for the specific terms herein, nothing herein shall be construed to limit the discretion
of the governing bodies of each party. Specifically and without limiting the foregoing, Edmonds
shall have the sole discretion and the obligation to determine the exact method by which the
services are to be provided unless otherwise stipulated within this Agreement. Neither Edmonds
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nor Woodway, except as expressly set forth herein or as required by law, shall be liable for any
debts or obligations of the other party.
X. MISCELLANEOUS PROVISIONS
10.1 Noticing Procedures. All notices, demands, requests, consents and approvals which
may, or are required to be given by any party to any other party hereunder, shall be in writing and
shall be deemed to have been duly given if delivered personally, sent by facsimile, sent by
nationally recognized overnight delivery service, or if mailed or deposited in the United States
mail, sent by registered or certified mail, return receipt requested and postage prepaid to:
For the City of Edmonds:
City Clerk
City of Edmonds
121 5t" Avenue North
Edmonds, WA 98020
For the Town of Woodway:
Clerk Treasurer
Town of Woodway
23920 113th Place W.
Woodway, WA 98020
AND Department Director
Public Works Department
7110 210' Street SW
Edmonds, WA 98020
AND Department Director
Public Works Department
23920 11311 Place W.
Woodway, WA 98020
Or, to such other address as the parties may from time to time designate in writing and
deliver in a like manner. All notices shall be deemed complete upon actual receipt or refusal to
accept delivery. Facsimile or electronic mail transmission of any signed original document and
retransmission of any signed facsimile or electronic mail transmission shall be the same as delivery
of an original document.
10.2 Other Cooperative Agreements. Nothing in this Agreement shall preclude the
parties from entering into contracts for services in support of this Agreement.
10.3 Public Duty Doctrine. This Agreement shall not be construed to provide any
benefits to any third parties. Specifically, and without limiting the foregoing, this Agreement shall
not create or be construed as creating an exception to the Public Duty Doctrine. The parties shall
cooperate in good faith and execute such documents as necessary to effectuate the purposes and
intent of this Agreement.
10.4 Entire Agreement. This is the entire agreement between the parties. Any prior
understanding, written or oral, shall be deemed merged with its provisions. This Agreement shall
not be amended except in writing with the express written consent of the City Council and Town
Council of the respective parties.
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10.5 Jurisdiction and Venue. Jurisdiction and venue for this Agreement lies exclusively
in Snohomish County, Washington.
10.6 Additional Provisions. In addition to the provisions set forth above, the following
provisions are included pursuant to the requirements of RCW 39.34.030.
10.6.1 No joint property ownership is contemplated under the terms of this
Agreement. In the event, at the termination of this Agreement, any personal
property is jointly owned by the parties, either party may purchase the
interest of the other, with the other party's permission, at fair market value,
as such value is determined by the parties. In the event that neither party
wishes to retain jointly obtained property, it shall be surplussed and the
proceeds divided pro-rata based upon the party's initial contribution to the
purchase of such property. If both parties seek ownership of the property,
value shall be determined as herein provided and the right of the parties to
purchase the property or properties determined by the drawing of lots.
10.6.2 This Agreement shall be effective when listed by subject on the City of
Edmonds' web site, the Town of Woodway's web site or another
electronically retrievable public source, whichever shall first occur.
EXECUTED this /g""hday of
CITY OF D VIONDS
By: 111
ayor DaviA O. Earling
ATTESTIAUTHE TI TED
By:
cott Passey CitCk
APPROVED AS TO FORM:
AAOSI-
2017.
TO F WOODWAY
By: I pjt, f44L.
ayor aria A."Nichols
A EST/AUTHENTICATED
By: gAo�
V+
di Napcto,
C14 Treasurer
APPROVED AS TO FORM:
OFFICE OF ' E CITY ATTORNEY: OFFICE OF THE TOWN ATTORNEY
By.
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