HomeMy WebLinkAboutKing County Fire Protection District No. 37
. F ,
i
Return Address: ; 20081009000109
Auburn City Clerk i I IC NW TIT INTERLOCA 53.00
! PAGE001 OF 012
City of Auburn KiNCSCOUN8Y08wa3 ~
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein): i~
Sl
Interlocal Agreement (Resolution No. 4032)
Reference Number(s) of Documents assigned or released:
❑Additional reference #'s on page of document
Grantor(s)/Borrower(s) (Last name frst, then first name and initials)
Aubum, City of .
Grantee/AssigneeBeneficiary: (Last name first) FILEp BY PNWT
1. King County Fire Protection District No. 37 (Jg(D_ Ia
W
Legal Description (abbreviated; i.e: lot, block, plat or section, township, range)
PER RCW 39.34
❑ Additional legal is onpage of document;
Assessor's Property Tax Parcel/Account Number
N/A
❑ Assessor Tax # not yet assigned
SaiQ doCUmenf(e) wero filed
fot reoortJ try. PaGtiC NoAhwesl Title as
aCCanmoddiron only: It has not Deen
examm6tl as to proper executron or '
as to ite eftect upon tnle.
RESOLUTION NO. 4032
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO ENTER INTO
AND EXECUTE AN INTERLOCAL AGREEMENT
WITH KING COUNTY FIRE PROTECTION
DISTRICT NO. 37 FOR THE PURPOSE OF
PROVIDING MAINTENANCE AND REPAIR OF FIRE
APPARATUS
WHEREAS, the City of Auburn owns and operates fire and emergency
apparatus requiring routine, preventative, and specialized maintenance and
repairs; and
WHEREAS, in order to more effectively provide for such services, it is
appropriate that the City secure qualified professionals capable of performing
said maintenance and repairs; and
WHEREAS, toward that end, the City has negotiated an interlocal
agreement with King County Fire Protection District No. 37 to provide the
necessary maintenance and repair of fire and emergency apparatus in order to
maintain quality emergency services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor and the City Clerk are authorized to execute
an interlocal agreement in substantial conformity with the Interlocal Agreement
Resolution 4032
May 8, 2006
Page 1
for Fire Apparatus Service attached hereto, marked as Exhibit "A", and
incorporated herein by this reference.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
\ I \Lt,
Dated and Signed this t day of
m~Lj
,200~.
c
>~
------
c:-------...--~
--- ,
PETER B. LEWIS
MAYOR
ATTEST:
LO~~
Dahtelle E. Daskam,
City Clerk
Daniel B. Heid,
City Attorney
Resolution 4032
May 8, 2006
Page 2
INTERLOCAL AGREEMENT FOR
FIRE APPARATUS SERVICE
THIS AGREEMENT is entered into between KING COUNTY FIRE PROTECTION
DISTRICT NO. 37, a Washington Municipal Corporation ("District), and CITY OF AUBURN, a
Washington Municipal Corporation ("City").
1. PURPOSE. The purpose of this Fire Apparatus Service Agreement ("Agreement") is to provide the
necessary maintenance and repair of fire Apparatus equipment owned and operated by the City in
order to maintain quality emergency services. The District currently has the facilities and personnel
to perform this necessary service and is willing to extend this service to the City. It is recognized that
fire and emergency Apparatus are unique vehicles that require special attention. This type of service
and repair can better be performed by personnel that only repair emergency Apparatus, and this same
service cannot be provided by the local customary repair shop or garage. This Agreement is made
and entered into pursuant to the provisions ofRCW Chapter 39.34, the Interlocal Cooperation Act.
2. DEFINITIONS.
2.1. "Apparatus" shall include aerials, pumpers, tenders, aid cars, and support units, or any
other fire safety or emergency equipment designated by the parties; all as more particularly
designated in Exhibit A subject to change as provided in Paragraph 8.
2.2. "Preventative Maintenance and Repair" means those items of work specified by the
Apparatus manufacturer as maintenance, preventative maintenance, or scheduled
replacement or repairs at the frequencies specified by the manufacturer and as indicated in
the scope of work established in Exhibit B "Scope of Work."
2.3. "Designated Site" means the location where apparatus maintenance will be preformed. The
location may be anywhere that is mutually agreed upon by both parties. However, the
primary and usual location will be the fire apparatus maintenance shop for the District.
3. DISTRICT RESPONSIBILITIES.
3.1 Upon delivery to the Designated Site, District shall be responsible for performing Preventative
Maintenance and Repair of Apparatus covered under the terms of this Agreement.
3.2 Preventative Maintenance and Repair on the City's antique parade engine will be performed
subject to parts availability and provided that the work does not negatively affect the operational
readiness of any fire Apparatus being maintained by the District's mechanics.
3.3 If the City does not make the Apparatus available at the frequency required by the equipment
manufacturer, the District is not responsible or liable for any adverse condition related to
Preventative Maintenance or Repair.
3.4 If the parties agree that it is warranted, District Maintenance staff may place Apparatus out of
service for safety reasons and is authorized to keep the Apparatus out of service until safety
repairs are properly completed.
INTERLOCAL AGREEMENT FOR
FIRE APPARATUS SERVICE AGREEMENT
Page 1
4. CITY RESPONSIBILITIES.
4.1 The City is responsible to ensure that its Apparatus meet safety requirements based on
manufacturer's recommendations, and all applicable local, state, and federal laws, rules, and
regulations.
4.2 The City may perform minor maintenance and upkeep on its Apparatus.
4.3 The City is responsible for delivering its Apparatus to the Designated Site.
4.4 The City will not permit work on its Apparatus by other maintenance personnel that are not
authorized to perform the work by the manufacturer and District maintenance staff.
4.5 The City is responsible for all outside services not covered by this Agreement, including,
without limitation, towing, flat tire repairs, purchase and installation of tires, emission testing
and adjustments, and any other outside service not covered by the District.
4.6 The City is responsible for paying the District for all services rendered by the District under this
Agreement pursuant to the terms of this Agreement.
5. HOURS OF WORK. Routine maintenance and repair work will be scheduled during the District's
normal work period, which is 6:30 a.m. to 4:30 p.m., Monday through Friday except for District
holidays.
6. EMERGENCY AND OTHER SERVICE REQUESTS. With authorization by the City, District
may provide emergency services, and services, maintenance, repairs and modifications beyond
Preventative Maintenance and Repair, if the District determines that it has adequate time and
resources.
7. CHARGES FOR PREVENTATIVE MAINTENANCE AND REPAIR. The City will pay
District $130,000 annually for the life of this contract, paid in eleven monthly payments of
$10,833.33 during January through November, and one monthly payment of $10,833.37, during
December. In addition, City will reimburse the District the entire cost of all parts, fluids, and
materials used to perform maintenance and repairs on the Apparatus. No surcharges will be added to
the parts, fluids, and materials costs.
8. MODIFICATIONS TO EXHIBIT. A. The Fire Chiefs of the City and District may negotiate
changes, amendments, and modifications to Exhibit A if mutually agreed to in writing. If the City
desires to add Apparatus to the list of covered Apparatus, it must provide the District's Fire Chief at
least 30 days prior written notice. The City may remove Apparatus from Exhibit A by notifying the
District in writing of the removal. Such removal shall be effective as of the date the District receives
this notice. The parties shall negotiate mutually agreeable changes to the annual fee when Exhibit A
is modified.
9. TERM OF AGREEMENT. This Agreement shall be effective on the date this Agreement is
executed by both parties and shall continue for the following 36 calendar months.
10. Limited Warranty. The District will repair or replace any new parts (except parts not covered by a
manufacturers warranty such as electrical parts) or redo any labor which fails in normal service due
INTERLOCAL AGREEMENT FOR
FIRE APPARATUS SERVICE AGREEMENT
Page 2
to defects in parts or labor if notified within 90 days. This warranty does not cover loss of time, use,
inconvenience, normal wear, abuse, used parts or other matters not specified and the District shall
not be liable for any consequential, incidental or commercial damages related to the Preventative
Maintenance and Repair work in excess of the costs of the specific repairs. The District disclaims
any implied warranty of merchantability and fitness for a particular purpose and neither assumes nor
authorizes any other person to assume for it any liability in connection with the Preventative
Maintenance and Repair work. No warranty, whether expressed or implied, extends beyond 90 days.
11. INDEMNIFICATION. Each party shall indemnify and hold the other party and the other party's
agents, employees, and/or officers, harmless from and shall process and defend at its own expense
any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of
whatsoever kind or nature, brought against the other party arising out of, in connection with the
party's performance or failure to perform any aspect of this Agreement; provided, however, that if
such claims are caused by or result from the concurrent negligence of both parties, and/or their
agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to
the extent of the negligence of each party; and provided further, that nothing herein shall require one
party to hold harmless or defend the other party, its agents, employees and/or officers from any
claims arising from the sole negligence of the other party, its agents, employees, and/or officers. No
liability shall attach to either party by reason of entering into this Agreement except as expressly
provided herein.
12. INSURANCE. The District shall procure and maintain for the duration of the Agreement, 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 District, its agents, representatives, employees,
subconsultants or subcontractors. Before beginning the work described in this Agreement, the
District shall provide a Certificate of Insurance evidencing:
12.1 Automobile Liability insurance with limits no less than $1,000,000 combined single limit per
accident for bodily injury and property damage; and
12.2 Commercial General Liability insurance written on an occurrence basis with limits no less than
$1,000,000 combined single limit per occurrence and aggregate for personal injury, bodily
injury and property damage. Coverage shall include but not be limited to: blanket contractual;
products/completed operationslbroad form property damage; explosion, collapse and
underground (XCU) if applicable; and employer's liability.
12.3 Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate.
12.4Garagekeepers Legal Liability policy with limits not less than $1,000,000 or, in the alternative,
acceptable proof from the District's Insurance Company confirming that the City and District
are fully covered for any damage to the City's Apparatus while it is being serviced, maintained,
repaired or stored by District.
12.5 Any payment of deductible or self-insured retention shall be the sole responsibility of the
District.
INTERLOCAL AGREEMENT FOR
FIRE APPARATUS SERVICE AGREEMENT
Page 3
12.6 The City shall be named as an additional insured on the insurance policies, as respects work
performed by or on behalf of District and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance.
12.7 The District's insurance shall contain a clause stating that coverage shall apply separately to
each insured against whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
12.8 The District's insurance shall be primary insurance as respects the City, and the City shall be
given thirty (30) calendar days prior written notice by certified mail, return receipt requested, of
any cancellation, suspension or material change in coverage.
13. MISCELLANEOUS PROVISIONS:
13.1 Audit. The District shall permit the City, from time to time as they deem necessary (including
after the expiration or termination of this Agreement), to inspect and audit at all reasonable
times at the District's offices, all of the District's pertinent books and records to verify the
accuracy of records pertaining to the work contemplated by this Agreement. The District shall
permit the City to copy any of these books and records upon the City's request, subject to
payment of the District's reasonable costs incurred in making those copies.
13.2Addresses for Notices. All notices and other material to be delivered under this Agreement
shall be in writing and shall be delivered or mailed to the following addresses:
King County Fire District
24611 116th Ave SE
Kent W A 98031
Attn: Jim Schneider, Fire Chief
Auburn Fire Department
1101 "D" Street NE
Auburn, W A 98002
Attn: Mike Gerber, Deputy Chief
or such other addresses as either party may, from time to time, designate in writing.
13.3 Amendments. Except as provided in Paragraph 8 of this Agreement, no modification or
amendment of this Agreement shall be effective unless in writing and signed by authorized
representatives of the parties. The parties expressly reserve the right to modify this Agreement,
from time to time, by mutual agreement.
13.4Applicable Law. Venue. This Agreement shall be construed and interpreted in with the laws
and under the jurisdiction of the State of Washington. The venue of any action brought under
this Agreement shall be brought and filed in the Superior Court for King County, located at the
Regional Justice Center in Kent, Washington.
13.5 No Waiver. No waiver of full performance by either party shall be construed, or operate, as a
waiver of any subsequent default or breach of any of the terms, covenants, or conditions of this
Agreement.
136 Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other
representative of the District or of the City, and such statements shall not be effective or be
construed as entering into or forming a part of or altering in any manner this Agreement. The
Page 4
INTERLOCAL AGREEMENT FOR
FIRE APPARATUS SERVICE AGREEMENT
entire agreement between the parties with respect to the subject matter hereunder is contained in
this Agreement and any Exhibits attached hereto. All of the above documents are hereby made a
part of this Agreement and form the Agreement document as fully as if the same were set forth
herein. Should any language in any of the Exhibits to this Agreement conflict with any language
contained in this Agreement, the terms of this Agreement shall prevail.
14. DUPLICATE ORIGINALS. This agreement may be executed in duplicate originals.
By. ~
Its: Tom Sawyer, Chairm of the Board
By:
.....--.
DISTRICT NO. 37 CIT
Date: m~ .9,~ IJOob
APPROVED AS TO F~
~D"A
B -c ;. c.. Y' <:>r--vre, Istnct ttorney
Date:
MAY 1 1 2006
:])dVll1-e! 73 He/'A , City Attorney
INTERLOCAL AGREEMENT FOR
FIRE APPARATUS SERVICE AGREEMENT
Page 5
EXHIBIT A
Auburn Fire Department
Apparatus as of April 2006
APP# TYPE YR MAKE LICENSE/ST A. MILES
PUMPERS
#58 ENGINE 01 PIERCE 30970D 31 41,854
VIN = 4PICT02S21AOO1138
#53 ENGINE 97 PIERCE 24321D 33 85,654
VIN = 4PICT02S5V AOO0202
#59 ENGINE 03 PIERCE 36255D 32 20,581
VIN = 4PICT02H73A003622
#41 ENGINE 91 PIERCE 12607D 31 98,842
VIN = 4PICT02G9NAOOO148
#17 ENGINE 84 MACK D33784 32 89,619
VIN = IMIH143COEMOO1145
#55 ENGINE 98 PIERCE 26723D 33 46,000
VIN = 4PICT02S1WAOOO716
AID UNITS
#62 AID CAR 06 FORD Pending 3,506
#38 AID CAR 91 FORD D2904 32 15,945
VIN = IFDKE30M7MHB07581
#57 AID CAR 00 MAV 28928D 32 71,473
VIN = IHTSLAAL3YH222787
#56 AID CAR 00 MAV 28927D 31 62,124
VIN = IHTSLAALl YH222786
#35 AID CAR 90 FORD 08782D 33 12,482
VIN = IFDKE30M4LHB36356
#60 AID CAR 03 FORD 37716D 31 16,095
VIN=IFDXE45F43HB43488
rnTERLOCALAGREEMENTFOR
FIRE APPARATUS SERVICE AGREEMENT
Page 6
ATTACHMENT A (cont'd)
MISCELLANEOUS SUPPORT VEHICLES
#24 EMPTY 87 TRAILER 00827D 33
VIN = TLCU87821
#54 HAZ/MA T 88 BUS 26176D 33
VIN = IHVJATVNOJH577696
#30 RESCUE 89 GMC 05335D 33
VIN = IGTKP32W7K3500942
BULLET BURNER 2003 HURDS 35676D 31
VIN = IH9BS12153H246068
BOAT TRAILER 94 EZ Loader 22188D 33
VIN = lZEIXCR16RAE23931
Page 7
INTERLOCAL AGREEMENT FOR
FIRE APPARATUS SERVICE AGREEMENT
EXHIBIT B
SCOPE OF WORK
This document outlines the services King County Fire District would be providing, if both agencies agree to a maintenance
contract.
);> Engine: Will perform service, diagnostics, and repair accessible components that do not require the engine being taken
apart. If there are major engine repairs, we will send to an outside repair shop. Engines will not be removed from
Apparatus.
);> Cooling System: Will service the cooling system and repair as needed. Should a radiator need to be repaired, we will
remove and send to an outside vendor.
);> Transmissions: Will service, which includes changing filters and fluids. If the transmission is in need of repair, will
perform basic diagnostics, and repair ifrepair work is not major and no removal of the transmission is necessary. Ifa
major repair is needed, an outside vendor will be utilized.
);> Transfer case: Will service and perform repairs if needed.
);> Pump: Will service and perform maintenance, including annual pump testing, valve rebuilds, control repairs, replacing
gauges, rebuilding, fixing and/or replacing primers, and repacking pumps. We will also perform in-frame pump rebuilds.
);> Rear Differential: Will service, repair, or replace as necessary.
);> Suspension: - Will inspect and repair as necessary.
);> Brakes: Will inspect and repair as necessary.
);> Electrical: Will service, diagnose, and repair, i.e. chassis, emergency lighting, etc. Internal repairs will not be made to
radios.
);> AirIHydraulic Systems: Will service, diagnose, and repair.
);> Aerial: UL inspection will take place annually, and repairs will be performed if any deficiencies are found, in order to
remain in compliance with the manufacturers' specifications.
);> Stationary generators mounted on Apparatus: Will service, diagnose, and repair.
);> Wheels and tires: Identification will be made if new tires are needed. Tire replacement is done by outside vendor.
);> Body - Will inspect the body and make minor repairs that are accessible. We cannot perform body repair or painting.
Any bodywork will be taken to an outside vendor. We also will not replace any windows that are glued in place.
);> Trim and Finish: Will replace parts that do not require painting.
);> Water Tank: Will repair and replace, if necessary.
);> Outfitting of Apparatus: Will perform radio installations and/or small equipment installations, acceptance testing, i.e.
electrical load, pump, and road testing.
In addition to the above areas of maintenance, annual weighing will be performed every year to ensure compliance with
Washington State Law. Ifnot in compliance, a recommendation will be made of the actions available to bring the Apparatus
into compliance.
All of the Apparatus checklists utilized are tailored to a specific Apparatus. Attached are sample copies of checklists we
currently use for a Quantum Pumper, Aerial, and Aid Car. Also attached is a form used for Pump Testing.
Page 8
INTERLOCALAGREEMENTFOR
FIRE APPARATUS SERVICE AGREEMENT