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Home My WebLink About24-043 - Cities of Maple Valley and Burien - Interlocal Agreement for Food Waste Prevention and Diversion Outreach Consulting Services 24-043 Council Approval 4/1/24 INTERLOCAL AGREEMENT FOR FOOD WASTE PREVENTION AND DIVERSION OUTREACHCONSULTING SERVICES Between the CitiesofTukwila, Maple Valley, and Burien This agreement is entered into pursuant to Chapter 39.34 RCW between the City of Tukwila, Washington (hereafter referred to as the "City of Tukwila"),the City of Maple Valley, Washington (hereafter referred to as the "City of Maple Valley") Interlocal Agreementdescribesthe terms and conditions under whichthe Parties will receive foodwaste prevention and diversion outreach programming from third-partyconsultantss. WHEREAS , the City of Tukwilareceived grantsforthe design and implementation of food waste prevention and diversion education and outreach programs for businesses, multifamily properties, and residents.;and WHEREAS , the City of Tukwila willenter into acontract with Consultantsfor the design and implementation of foodwaste prevention and diversion education and outreach programs for businesses, multifamily properties, and residentss;and WHEREAS ,The City of Tukwila willagree to compensate Consultantsfor services rendered under the Professional Services Agreements;and WHEREAS ,RCW 39.34.030 authorizesan agreement for joint or cooperative action by public agencies upon appropriate legislative action by the governing body of each agency prior to entry into such agreement; and WHEREAS ,theParties desire to allow for the City of Maple Valley and the City of Burien to receive the same or similar services from Consultantsas provided in the Professional Services Agreements, subject to the provisions of this agreement. IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN , theparties agree as follows: 1.The recitals are incorporated herein by reference. 2.Administration. It is recognized that this Interlocal Agreement has been formulated to provide broad outlines of responsibilities, and it is anticipated that the details of the relationship formed by this agreement will be arrived at through written understandings between the Parties. In the event that the Partiesare unable to agree on any provision relative to the administration of this Interlocal Agreement, any such dispute shall be resolved at a meeting of one representative of each of the Parties. In the event the representativesare unable to arrive at aresolution of the dispute, the parties have the option of terminating this agreement as provided herein. 3.Responsibilities. The City of Tukwila shall provide payment to Consultantsfor all work completed under the Professional Services Agreements, inclusive of any work completed in the City of Maple Valley or the City of Burien. The Parties shall each be responsible for coordinatingwith Consultantsto manage work completed within their respective jurisdictions. 4.Insurance.The City of Tukwila shall require Consultantsto procure and maintain for the duration of the Professional Services Agreements, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultants,their agents, representatives, employees or subcontractors, including the following: ΟbaaЍБАЏΏЌВАЉΏЎЋЍБͳЋΉЊЌЊАЎ͵ЉЉЉЉЉЊΉΠ 1. Commercial Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; 2.Commercial General Liability insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. 3. The City of Tukwila shall require that it (including its officials, officers, agents and employees) and the other Parties (including their officials, officers, agents and employees) are named as additional insured on all of the aforementioned policies, for work performed by or on behalf of Consultants. The City of Tukwila shall obtain from the Consultants either a certified copy of all policies with endorsements attached, or a Certificate of Insurance with endorsements attached as are necessary to comply with the contract specifications. The City of Tukwila shall provide the other Parties with copies of all such policies and documents received from Consultants, upon demand from the Parties. The City of Tukwila shall require that Consultants defend, indemnify and hold the other Parties, their officers, officials, agents, employees and representatives harmless from any and all claims, injuries, damages, losses or suits, arising out of or in connection with the Consultant damages caused by the sole negligence of the Party. The City of Tukwila shall require that Consultants waive their indemnification. 5. Indemnification. Each of the Parties hereby releases and agrees to indemnify and hold harmless the other Parties, their successors and assigns and the officers, employees and agents of each , from and against any and all claims of third parties and losses, harm, cost, liabilities, damages and expenses (including, but not limited to, reasonable attorneys' fees) arising from the performance of the Professional PROVIDED Services Agreements and its amendments and/or addenda; , however, that no Party shall be required to so indemnify any such Indemnitee against liability for damages caused by or resulting from the sole negligence of Indemnitee. 6. Term; Termination.This Interlocal Agreementshall be in full force and effect for a period commencing upon execution and ending on December 31, 2025. In the event that the City of Tukwila extends the Professional Services Agreementsbeyond the Termination Date, this Interlocal Agreement shall be automatically extended consistent with the Professional Services Agreements. However, any Party may withdraw from this Interlocal Agreement at any time by giving ten (10) days written notice to each of the other Parties. 7. Amendment or Modification. This Interlocal Agreement may be amended or modified only by a subsequent written document executed by the City of Tukwila, the City of Maple Valley, and the City of Burien. 8. Administration. The Parties agree that no separate legal or administrative entities are necessary in order to carry out this Agreement. If determined by a court to be necessary for purposes of the Interlocal Cooperation Act, Ch. 39.34 RCW, an administrator, or joint board responsible for administering the Agreement will be established by mutual agreement. 9. Financing; Budget. This Agreement does not contemplate joint financing of the activities within its scope, nor does it contemplate a joint budget. ΟbaaЍБАЏΏЌВАЉΏЎЋЍБͳЋΉЊЌЊАЎ͵ЉЉЉЉЉЊΉΠ 10. Property Acquisition and Disposition. This Agreement does not contemplate the joint acquisition of property by the Parties. At termination, each party will remain the sole owner of its own property. . 11. FilingIn accordance with RCW 39.34.040, this Agreement will be filed with the King County Auditor or listed on the web sites of the parties prior to its effective date. 12. Severability. In the event that any provision of this Agreement is determined to be unenforceable or inconsistent with the laws of the State of Washington, the remaining provisions of this Agreement shall continue to be effective and deemed to be in full force and effect. CITY OF TUKWILA, WASHINGTON CITY OF MAPLE VALLEY, WASHINGTON By: ___________________________ By: ___________________________ Thomas McLeod Laura Philpot Title: Mayor Title: City Manager Date: __________________________ Date: __________________________ Attest / Authenticated Attest/ Authenticated ______________________________ ____________________________ City Clerk City Clerk CITY OF BURIEN, WASHINGTON By: ___________________________ Adolfo Bailon Title: City Manager Date: __________________________ Attest / Authenticated ______________________________ City Clerk ΟbaaЍБАЏΏЌВАЉΏЎЋЍБͳЋΉЊЌЊАЎ͵ЉЉЉЉЉЊΉΠ