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HomeMy WebLinkAbout03132007 Pasco School District Sewer Agreement INTERLOCAL AGREEMENT between CITY OF PASCO and PASCO SCHOOL DISTRICT SEWER AGREEMENT tk By this Local Cooperative Agreement entered into this 13 day of FkwcJ'%- , 2007 the City of Pasco, Washington, a municipal corporation, hereinafter referred to as "City", and Pasco School District, hereinafter referred to as "District", enter into the following agreement. WHEREAS,the City passed Resolution No. 3005 allowing the District to connect McLoughlin Middle School and Ruth Livingston Elementary to the City's sanitary sewer system under the provisions of the Resolution; and WHEREAS,the schools are in the unincorporated area of Franklin County; and WHEREAS,the City may install and maintain sanitary sewer systems in the Franklin County rights-of-way in accordance with Franchise No. 2005-558; and WHEREAS,the District requests to install and maintain District facilities in the Franklin County roads under the.City's Franchise Agreement; NOW,THEREFORE, Section 1. The District will design the facilities and all facilities in the Franklin County roads shall be to City standards and the requirements of the Franchise Agreement. Once the design is accepted by City,the City will submit the designs to the Franklin County for approval., Section 2. The District shall contract to have the facilities constructed in accordance to the approved designs and pay all costs for materials and workmanship. The District will include the City in the hold harmless, insurance, and indemnification clauses in the construction contract. All construction works shall be overseen and inspected under the supervision of a professional engineer. Accurate record drawings;shall be provided to the City. Section 3. Prior to using the newly constructed facilities, the District shall pay the City the applicable connection fees and establish an account with the City. Section 4. Following construction and acceptance of all work within the rights-of- way, the District agrees to assume the role of the City as prescribed in Franchise No. 2005-558 for all facilities constructed by the District. PASCO SCHOOL DISTRICT— INTERLOCAL AGREEMENT Page 1 of 2 C:\DOCUME-1\Staff\LOCALS-1\Temp\XPgrpwise\Pasco School District 2.16.07.doc Section 5. The District agrees the attached Franchise Agreement No. 2005-588 is part of this agreement and is aware of all provisions that may affect the facilities to be installed by the District. Section 6. Resolution No. 3005 is agreed to be part of the agreement. The District agrees to abandon or remove as required at the time District facilities from the rights-of-way once City sanitary sewers are available and connect at the school property to the City system within 90 calendar days City facilities are available. Section 7. The District covenants, agrees, and promises that it shall fully hold and save harmless and indemnify the City of Pasco from any and all liability, loss, injury, damage, costs, changes, claims, actions, suits of expenses of any nature whatsoever, occurring to any person, association, corporation or property of any kind by reason an any acts, actions, omissions, default or neglect of the District in the construction, operation, or maintenance of facilities installed by the District. The District shall pay all City defense costs. Section 8. This agreement contains all the terms and conditions agreed upon by the parties. All items incorporated by reference are attached. No other understandings, verbal or otherwise, in regard to the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. Dated this 13+- day of mAre ,_ , 2007. CITY O P SCO Gary rut field Date PASCO SCHOOL DISTRICT d�•r f�'`'"" sal 13 o'Z Date PASCO SCHOOL DISTRICT— INTERLOCAL AGREEMENT Page 2 of 2 C:\DOCUME-1\Staff\LOCALS-1\Temp\XPgrpwise\Pasco School District 2.16.07.doc