HomeMy WebLinkAboutInterlocal Agreement COA and City of Orting WAq
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF AUBURN AND THE CITY OF ORTING
THIS INTERLOCAL AGREEMENT ("Agreement") made and entered into on the date
last signed below, by the City of Auburn, a municipal corporation of the State of Washington
("Auburn") and the City of Orting, also a municipal corporation of the State of Washington
("Orting").
RECITALS
1. Orting has requested the support and counsel of one Auburn employee to prepare for
and assist with an upcoming mediation with a labor organization, currently scheduled
for January 31, 2019;
2. Auburn is willing to provide assistance to Orting, a neighboring City within the South
Sound community, in the interest of furthering a relationship with a fellow Western
Washington city;
In consideration of the mutual covenants, conditions, and promises contained in this
Agreement,the parties agree as follows:
1. General. Auburn will provide,and Orting will appoint, Kendra R. Comeau as Special
Counsel("Special Counsel")to Orting for the limited purpose of preparation for and presentation
at an upcoming mediation with the Orting's Police Guild currently scheduled for January 31,2019
including, but not limited to, e-mails, legal research, and necessary fact-fmding meetings. The
Special Counsel will also conduct any post-mediation communications and finalize documents as
requested by Orting.
2. Administration. No separate legal or administrative entity is created by this
Agreement. This Agreement will be administered by the City of Orting.
3. Compensation and Payment. Auburn will pay the employee's regular pay and benefits.
Orting agrees to reimburse Auburn or the Employee,on request,for all actual direct costs(such as
mileage if a personal vehicle is used) associated with performance of the Agreement as set forth
in Table 4 of IRS Publication 1542. Orting's reimbursement for the Special Counsel's costs will
not exceed$35.00 per day. No other compensation will be provided by Orting.
4. Term of Agreement. This Agreement will terminate on conclusion of the mediation(s)
with the Orting Police Guild and any post-mediation communications and fmalization of any
documents requested by Orting.
5. Insurance. Each party shall maintain insurance in accordance with its policies.
6. Indemnification. Orting will indemnify,defend and hold harmless Auburn,its officers,
agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, including attorneys' fees, by any reason of or
arising out of the act or omission of that party, its officers, agents, employees, or any of them
relating to or arising out of the performance of this Agreement except for injuries and damages
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caused by the sole negligence of the indemnified party. If a final judgment is rendered against the
indemnified party, its officers, agents, employees or any of them, or jointly against the
indemnifying party and the indemnified party and their respective officers,agents and employees,
or any of them,the indemnifying party shall satisfy the same to the extent that such judgment was
due to the indemnifying party's negligent acts or omissions.
The parties specifically and expressly agree that the indemnification provided in this
Agreement constitutes Auburn's waiver of immunity under Industrial Insurance, Title 51 RCW,
solely for the purposes of this indemnification. This waiver has been mutually negotiated by the
parties. The provisions of this section will survive the expiration or termination of this Agreement.
7. Termination. Either party may terminate this agreement for any reason by providing
the other party twenty-four hours written notice.
8. Counterparts. This Agreement may be executed in two or more counterparts,and each
counterpart shall be deemed to be an original instrument. All counterparts together will constitute
one and the same Agreement.
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9. Listing. Pursuant to RCW 39.34.040, this Agreement will be listed on the City's web
site.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
effective the day and year first set forth above.
CITY OF AUBURN CITY OF ORTING
ancy B.4 s Date Joshua Penner Date
Appr i .1' s to form: Approved as to form:
`41/.*
Steve Gross, City Attorney Alexandra L. Kenyon, City Attorney
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