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Home My WebLink About12-01-2003 ITEM VIII-B-2CITY OF U sWASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject Vehicle Acceptance from King County Date: 11/20/2003 Department: Parks and Attachments: Resolution 3662 Budget Impact: Recreation Administrative Recommendation: City Council adopt Resolution No. 3662. Background Summary: Parks and Recreation applied for a surplus 12 -passenger van from King County Council Member Steve Hammond and received notification that our request was approved. The main use of the van will be for teen programs, specifically the After School and Late Night programs. Other uses of the van will be for Senior Center, youth and Developmentally Disabled programs. Resolution 3662 authorizes the Mayor to sign an agreement between the City of Auburn and King County to accept the van. R-1201-1 F4.6 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ® Planning & CD ❑ Fire ❑ Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources Action: Committee Approval: []Yes ❑No Council Approval: ❑Yes [-]No Call for Public Hearing Referred to Until Tabled Until Councilmember: Borden Staff: Faber Meeting Date: December 1, 2003 1 Item Number: VIII.B.2 AUBURN* MORE THAN YOU IMAGINED and RESOLUTION NO. 3662 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH KING COUNTY TO ACCEPT TITLE TO, AND POSSESSION OF, A 12 -PASSENGER VAN TO BE USED BY THE AUBURN PARKS AND RECREATION DEPARTMENT WHEREAS, RCW 39.33 authorizes intergovernmental disposition of property; WHEREAS, it is in the best interests of the citizens of the City of Auburn that trips using single occupancy vehicles be reduced; and WHEREAS, it is in the best interests of the citizens of the City of Auburn that the City of Auburn Parks and Recreation Department provide transportation service to individuals with limited resources and mobility options; and WHEREAS, King County desires to assist the City in commencing transportation programs for their clients; and WHEREAS, King County, through its Department of Metropolitan Services, agrees to transfer title to, and possession of, a 12 -passenger van to assist the Auburn Parks and Recreation Department in providing non -single occupancy vehicle transportation. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Resolution No. 3662 November 20, 2003 Page 1 of 3 Section 1. Pursuant to Chapter 39.33 RCW the City Council hereby approves the acceptance of title to, and possession of, a 1997 Chevrolet Astro 12 -passenger van from King County. Section 2. The Mayor of the City of Auburn is hereby authorized to enter into an Interlocal Agreement between King County and the City for the purpose of accepting title to, and possession of, a 1997 Chevrolet Astro 12 -passenger van, identification number 1GNDM19W5VB197818, to be used by the Parks and Recreation Department for scheduled activities. A copy of said Agreement is attached hereto as Exhibit "A" and incorporated herein by this reference. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. This resolution shall take effect and be in full force upon passage and signatures hereon. DATED AND SIGNED this day of , 2003. CITY OF AUBURN PETER B. LEWIS MAYOR Resolution No. 3662 November 20, 2003 Page 2 of 3 ATTEST: Danielle E. Daskam, City Clerk APPR:QVED AS TO FORM: Daniel B. Heid, City Attorney Resolution No. 3662 November 20, 2003 Page 3 of 3 Exhibit A, Resolution 3662 AGREEMENT Between KING COUNTY And CITY OF AUBURN — PARKS & RECREATION THIS AGREEMENT is made and entered into by and between King County, through its. Department of Transportation, Transit Division, hereinafter referred to as the "County," and City of Auburn - Parks & Recreation, hereinafter referred to as the "Agency." WHEREAS, the County desires to make available certain previously used vans for use by non-profit organizations which are able and willing to provide transportation service to individuals with limited resources and mobility options; and WHEREAS, the Agency is able and willing to use such a vehicle for such purposes in accordance with the terms of this Agreement; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: L Subject to the terms of this Agreement, the County agrees to transfer title to, and possession of, a 1997 Chevy Astro, 12 -passenger van, bearing vehicle identification number 1GNDM19W5VB197818, to the Agency. Upon transfer of said van, the Agency shall assume complete responsibility, at no cost to the County, for operation and maintenance of said van, including but not limited to providing for its licensing, insurance, fuel, operations and maintenance. II. Such van shall be provided on an "AS IS" and "WITH ALL FAULTS" basis. The County makes no warranties of any kind whatever, expressed or implied, as to said van and all warranties, including any warranties of merchantability and fitness for any particular purpose, are hereby disclaimed and excluded. The Agency acknowledges and agrees that it accepts the above disclaimer and waiver and further agrees to defend, indemnify and hold harmless the County, its officials, employees, agents and contractors from and against any and all claims, demands, suits, liabilities or costs of whatsoever kind and nature, which arise out of or are in any way related to said van or its use. Said claims include, but are not limited to, claims against the County which are brought by employees or former employees of the Agency and, by mutual negotiation, the Agency hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the workers' compensation provisions of Title 51 RCW. Notwithstanding anything to the contrary, the terms of this Section shall_ survive any termination of this Agreement. III. The Agency agrees that said van shall be used exclusively for the purpose of providing transportation to clients which are participants in its programs and any attendants to address the mobility needs of elderly, disabled and other county residents. In the event said van is used for other purposes, the County reserves the right to demand that the van be returned and the title transferred to the County. The Agency agrees to transfer title and possession of the van to the County within fifteen (15) days after receiving written demand from the County pursuant to this Section. IV. This Agreement shall terminate and the County shall have no right to a return of the van in the event that the van is damaged in excess of its then - remaining value or on January 1, 2008, whichever shall occur first. KING COUNTY CITY OF AUBURN — PARKS & RECREATION By By Park Woodworth Pete Lewis Manager Mayor Paratransit/Rideshare Operations Date Date