HomeMy WebLinkAboutITEM VIII-B-3ZITY OF
WASHINGTON
AGENDA BILL APPROVAL FORM
A,qenda Subject
Contract for Self Contained Breathing Apparatus Service
Department: Attachments:
Fire Resolution No, 3676
Administrative Recommendation:
Date:
January 14, 2004
Budget Impact:
City Council adopt Resolution No, 3676.
Backqround Summary:
The City of Pacific desires to contract with the City of Auburn for maintenance and other services
associated with self-contained breathing apparatus utilized by fire personnel. Resolution No. 3676
authorizes a contract between the cities of Auburn and Pacific for such services. The contract provides
for compensation at the rate of $55.00 per hour for services provided.
A3.16.4
Reviewed by Council & Committees:
[] Arts Commission COUNCIL COMMI'I-rEES:
f-I Airport [] Finance
[] Hearing Examiner [] Municipal Serv.
[] Human Services [] Planning & CD
[] Park Board []PublicWorks
[] Planning Comm. [] Other
Reviewed by Departments & Divisions:
[] Buil0ing [] M&O
[] Cemetery [] Mayer
[] Finance [] Parks
[] Fire [] Planning
[] Legal [] Police
[] Public Works [] Human Resources
Action:
Committee Approval: []Yes []No
Council Approval: []Yes r-INo Call for Public Hearing
Referred to Until / /
Tabled Until / /
/ /
Councilmember: Cerino Staff: Vandver
Meeting Date: January 20, 2004 Item Number: VIII.B3
AUBURN · MORE THAN YOU IMAGINED
RESOLUTION NO. 3 6 7 6
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
CONTRACT WITH THE CITY OF PACIFIC FOR
SCBA SERVICES
WHEREAS, the Cities of Auburn and Pacific are engaged in various
municipal functions, including fire protection services; and
WHEREAS, in order to provide for such services, it is appropriate, that they
utilize tools reasonably available to them, including Self-Contained Breathing
Apparatus (SCBA) units; and
WHEREAS, in order to effectively and efficiently use those tools., it would
be advantageous to both cities to coordinate and cooperate in the maintenance
of the SCBA units and testing therefor.
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 agreement in substantial conformity with the Agreement 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.
Resolution 3676
Janua~ 2,2004
Page 1
Section 3.
upon passage and signatures hereon.
Dated and Signed this day of
CITY OF AUBURN
That this Resolution shall take effect and be in full force
,200
ATTEST:
PETER B. LEWIS
MAYOR
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,
City Attorney
Resolution 3676
January 2, 2004
Page 2
EXHIBIT "A"
CITY OF AUBURN - CITY OF PACIFIC
INTERLOCAL AGREEMENT FOR SCBA SER qCES
THIS INTERLOCAL AGREEMENT made and entered into, pursuant to the Interlocal
Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the day of
., 200 , by and between the CITY OF AUBURN, a municipal
corporation of the State of Washington (hereinafter referred to as "Auburn"), CITY OF PACIFIC, a
municipal corporation of the State of Washington (hereinafter referred to as "Pacific"),
WITNESSETH:
WHEREAS, both Auburn and Pacific are engaged in the provision of 15re protection
services, and incumbent in that is the need for Self-Contained Breathing Apparatus (hereinafter
referred to as "SCBA"); and,
WHEREAS, in order to provide an efficiency to the members of the Pacific Fire
Department, relative to SCBA units and use, the parties desire to contract for SCBA related
services to be provided by Aubum.
NOW THEREFORE in consideration of their mutual covenants, conditions and promises,
THE PARTIES HERETO DO HEREBY AGREE as follows:
SCOPE OF SERVICES
Auburn agrees to perform in a good and professional manner the following tasks:
Maintenance of Self Contained Breathing Apparatus (SCBA) equipment of
Pacific, as requested by Pacific.
Perform annual fit tests for each individual of the Pacific Fir.: Department
(including volunteers) who utilize SCBA units, which fit tests shall be in
conformity with Washington State Labor and Industry standards, as requested by
Pacific.
Provide training for all individuals of the Pacific Fire Department (including
volunteers) who utilize SCBA units, as requested by Pacific.
Provide such other SCBA or respiratory equipment related services as requested
by Pacific.
Auburn shall perform the services as an independent contractor and shall not be deemed,
by virtue of this Agreement and the performance thereof, to have entered into any
partnership, joint venture, employment or other relationship with Pacific.
ADDITIONAL SERVICES
From time to time hereafter, the parties hereto may agree to the performance by Auburn
of additional services with respect to related work or projects. Any such agreement(s)
shall be set forth in writing and shall be executed by the respective parties prior to
Auburn's performance of the services there under, except as may be provided to the
contrary in Section 3 of this Agreement. Upon proper completion and execution of an
addendum (agreement for additional services), such addendum shall be incorporated into
this Agreement and shall have the same force and effect as if the terms of such addendum
were a part of this Agreement as originally executed. The performance of services
pursuant to an addendum shall be subject to the terms and conditions of this Agreement
except where the addendum provides to the contrary, in which case the terms and
conditions of any such addendum shall control. In all other respects, any addendum shall
supplement and be construed in accordance with the terms and conditions of this
Agreement.
PERFORMANCE OF ADDITIONAL SERVICES PRIOR TO ADDENDUM
The parties hereby agree that situations may arise in which services other than those
described herein are desired by Pacific and the time period for the completion of such
services makes the execution of addendum impractical prior to the cormmencement of
Auburn's performance of the requested services. Auburn hereby agrees that it shall
perform such services upon the oral request of an authorized representative of Pacific
pending execution of an addendum, and Pacific hereby agrees that it shall pay for such
services at the hourly rate of compensation provided in Section 4 of this Agreement. The
invoice procedure for any such additional services shall also be in confoimity with the
procedures described in Section 4 of this Agreement.
COMPENSATION
As compensation for the Auburn's performance of the services provided for herein,
Pacific shall pay Auburn the rate of Fifty-five Dollars ($55.00) per hour, as the fees and
costs for the services provided herein. Auburn shall submit to Pacific an invoice-
statement of time spent on tasks included in thc scope of work hereof, and Pacific shall
process the invoice-statement in its next billing/claim cycle following receipt of the
invoice or statement, and shall remit payment to Auburn thereafter in the nLOrmal course,
subject to any conditions or provisions in this Agreement or addendum.
TERM OF AGREEMENT AND TIME FOR PERFORMANCE
The Tcrm of this Agreement shall commence on the date hereof or on the day
of , 200 , and shall terminate on the day of
., 200 , unless earlier terminate by the parties as provided
herein, or unless otherwise agreed to in writing by the parties. Auburn shall perform the
services provided for herein as it is reasonably able to schedule them, upon request by
Pacific.
Exhibit "A" to Resolution 3676
Page 2
INSURANCE
Pacific shall be responsible for maintaining, during the term of this Agreement and at its
sole cost and expense, the types of insurance coverages and in the amounts described
below. Pacific shall furnish evidence, satisfactory to Auburn, of all such pe4icies. During
the term hereof, Pacific shall take out and maintain in full force and effect the following
insurance policies:
Comprehensive public liability insurance, including automobile and property
damage, insuring Auburn and Pacific against loss or liability for damages for
personal injury, death or property damage arising out of or in connection with the
performance by Pacific of its obligations hereunder, with minimum liability limits
of $1,000,000.00 combined single limit for personal injury, death or property
damage in any one occurrcncc.
5. INDEMNIFICATION
Pacific shall indemnify and hold Aubum and its agents, employees, *tad/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 Auburn arising out of, in connection with, or incident to the execution of (his Agreement
and/or Pacific's performance or failure to perform any aspect of this Agreement; provided,
however, that if such claims arc caused by or result from the concurrent negligence of Auburn, its
agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to
thc extent of the negligence of Pacific; and provided further, that nothing herein shall require
Pacific to hold harmless or defend Auburn, its agents, employees and/or officers from any claims
arising from the sole negligence of Auburn, its agents, employees, and/or officers. No liability shall
attach to Auburn by reason of entering into this Agreement except as expressly provided herein.
6. WAIVER OF SUBROGATION
Pacific and Auburn hereby mutually release each other from liability and waive all right of
recovery against each other for any loss caused by fire or other perils which can be insured against
under fire insurance contracts including any extended coverage endorsements thereto which are
customarily available from time to time in the State of Washington, provided, that this paragraph
shall be inapplicable to the extent that it would have the effect of invalidating any insurance
coverage of Pacific or Auburn.
7. COMPLIANCE WITH REGULATIONS AND LAWS
The parties shall comply with all applicable roles and regulations pertaining to them in
connection with the matters covered herein.
8. ASSIGNMENT
The parties shall not assign this Agreement or any interest, obligation or duty therein
without the express written consent of the other party.
Exhibit "A" to Resolution 3676
Page 3
9. ATTORNEYS' FEES
If either party shall be required to bring any action to enforce any pre,vision of this
Agreement, or shall be required to defend any action brought by the other party with respect to this
Agreement, and in the further event that one party shall substantially prevail in such action, the
losing party shall, in addition to all other payments required therein, pay all of the prevailing party's
reasonable costs in connection with such action, including such sums as the court or courts may
adjudge reasonable as attorney's fees in the trial court and in any appellate courts.
10. NOTICES
All notices and payments hereunder may be delivered or mailed. If mailed, they shall be
sent to the following respective addresses:
To Pacific
(name)
.(address)
.(address).
(phone number).
(Fax number)
To Auburn:
City of Auburn
25 West Main
Auburn, WA 98001-4998
Atto:
Phone:(253) 931-3000
FAX (253) 931-3053
or to such other respective addresses as either party hereto may hereafter from time to time
designate in writing. All notices and payments mailed by regular post (including first class) shall be
deemed to have been given on the second business day following the date of mailing, if properly
mailed and addressed. Notices and payments sent by certified or registered mail shall be deemed to
have been given on the day next following the date of mailing, if properly mailed and addressed.
For all types of mail, the postmark affixed by thc United States Postal Service shall be conclusive
evidence of the date of mailing.
11. NONDISCRIMINATION
Each of the parties, for itself, its heirs, personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant and agree that it will comply
with pertinent statutes, Executive Orders and such rules as are promulgated to assure that no person
shall, on the grounds of race, creed, color, national origin, sex, age, or the presence of any sensory,
mental or physical handicap be discriminated against or receive discriminatory treatment by reason
thereof.
Exhibit "A" to Resolution 3676
P~e4
12. MISCELLANEOUS
A. All of the covenants, conditions and agreements in this Agreement shall extend to
and bind the legal successors and assigns of the parties hereto.
B. This Agreement shall be deemed to be made and construed in accordance with the
laws of the State of Washington jurisdiction and venue for any action arising out of this Agreement
shall be in of the county in Washington State in which the property or project is located, and if not
site specific, then in King County, Washington.
C. The captions in this Agreement are for convenience only and do not irt any way limit
or amplify the provisions of this Agreement.
D. Unless otherwise specifically provided herein, no separate legal entity is created
hereby, as each of the parties is contracting in its capacity as a municipal corporation of the State of
Washington. The identity of the parties hereto is as set forth hereinabove.
E. The purpose of this Agreement is to accomplish the objectives of this Agreement.
F. The funding of the respective obligations of the parties shall be out of the respective
general funds/current expenses of the parties, except as otherwise specifically provided.
G. The performances of the duties of the parties provided hereby shall be done in
accordance with standard operating procedures and customary practices of the parties.
H. Unless a joint oversight and administration board is created as provided herein, the
oversight and administration of the Agreement shall be by the respective named representatives
identified in Paragraph 10 hereof, or their designees.
I. Unless otherwise specifically provided herein, any real property to be held in
connection herewith, if applicable, shall be held as the separate property of the party or parties in
whose name(s) the property is/was acquired.
J. No provision of this Agreement shall relieve either party of its public agency
obligations and or responsibilities imposed by law.
K. If any term or provision of this Agreement or the application thereof' to any person
or circumstance shall, to any extent, be held to be invalid or unenforceable by a final decision of
any court having jurisdiction on the matter, the remainder of this Agreement or the application of
such term or provision to persons or circumstances other than those as to which it is iheld invalid or
unenforceable shall not be affected thereby and shall continue in full force and effect, unless such
court determines that such invalidity or unenforceability materially interferes with or defeats the
purposes hereof, at which time Auburn shall have the right to terminate the Agreement.
L. This Agreement constitutes the enf~re agreement between the parties. There are no
terms, obligations, covenants or conditions other than those contained herein. No modifications or
amendments of this Agreement shall be valid or effective unless evidenced by an agreement in
writing signed by both parties.
M. Copies of this Agreement shall be filed with the Auditor's Office of the county in
Washington State in which the property or project is located, and if not site specific, then in the
King County Auditor's Office; the Secretary of State of the State of Washington; and the respective
Clerks of the parties hereto.
Exhibit "A" to Resolution 3676
Page 5
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year
first above written.
CITY OF PACIFIC
CITY OF AUBURN
By:
Its Mayor
Peter B. Lewis, Mayor
Attest: Attest:
City Clerk City Clerk
Approved as to form:
Pacific City Attomey
Auburn City Attomey
Exhibit "A" to Resolution 3676
P~e6
STATE OF WASHINGTON )
) SS.
COUNTY OF )
ON THIS day of ,200__, before me, personally
appeared and ., to me known to be the Mayor and City
Clerk of the CITY OF PACIFIC, a municipal corporation, the corporation that executed the within
and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and
deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they
were authorized to execute said instrument.
WITNESS my hand and official seal hereto the day and year in this certificate first above written.
NOTARY PUBLIC in and for the State of
Washington, residing at
My Commission Expires:
STATE OF WASHINGTON )
) SS.
COUNTY OF )
ON THIS .__ day of ., 200__, before me, personally
appeared .and ., to me known to be the Mayor and City
Clerk of the CITY OF AUBURN, a municipal corporation, the corporation that executed the within
and foregoing instrument, and acknowledged said instrument to be the free and vol~antary act and
deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they
were authorized to execute said instrument.
WITNESS my hand and official seal hereto the day and year in this certificate fncst above written.
NOTARY PUBLIC in and for the State of
Washington? residing at
My Commission Expires:
Exhibit "A" to Resolution 3676
P~e7