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HomeMy WebLinkAbout51591 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. 5 i 5 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE CITY TO ENTER INTO AN INTERLOCAL AGREEMENT WITH KING COUNTY TO ACCEPT TITLE TO, IUD POSSESSION OF, A 12-PASSENGER VAN TO BE USED BY THE AUBURN PARKS AND RECREATION DEPARTMENT AS PROVIDED HEREIN. WHEREAS, RCW 39.33 authorizes intergovernmental disposition of property; and WHEREAS, it is in the best interests of the citizens of the City of Auburn that trips using single occupancy vehicles (SOVs) be reduced; and WHEREAS, it is in the bests interests of the citizens of the City of Auburn that City of Auburn Parks and Recreation Department citizens have access to convenient transportation; 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-SOV transportation. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Pursuant to Chapter 39.33 RCW the City Council hereby approves the acceptance o~ title to, and Ordinance No. 5159 September 28, 1~8 Page 1 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 possession of, a 1991 Dodge one-ton twelve-passenger van from King County. Section 2. The Mayor of the City of Aub'~rn 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 1991 Dodge one-ton twelve-passenger van, identification number 2B7KB31Z4MK459148, 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 directions of this legislation. Section 4. This Ordinance shall take effect and be in approval and force five publication, (5) days from and after its passage, as provided by law. INTRODUCED: PASSED: APPROVED: October 5, 1998 October 5, 1998 October 5, 1998 CHARLES A. ~OOTH MAYOR Ordinance No. 5159 Sep=ember 28, lgg8 Page 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Published: Ordinance No. 5159 September 28, 1998 Page 3 AGREEMENT between KING COUNTY and CITY OF AUBURN PARKS AND RECREATION DEPARTMENT 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 and Recreation Department, hereinafter referred to as the "City." WHEREAS, it is in the best interests of the citizens of King County that trips using single occupancy vehicles (SOVs) be reduced; and WHEREAS, it is in the best interests of the citizens of King County that City of Auburn Parks and Recreation Department citizens have access to convenient transportation; and WHEREAS, the County desires to assist City of Auburn Parks and Recreation Department in commencing transportation programs for their clients; and WHEREAS, the City operates a center which provides services to City of Auburn Parks and Recreation Department citizens and, in connection therewith, is authorized to provide them with non-SOV transportation. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: I. Subject to the terms of this Agreement, the County agrees to transfer title to, and possession of, a 1991 B350 Dodge one-ton twelve-passenger van beating vehicle identification number 2B7KB31Z4MK459148 to the City. Upon transfer of said van, the City will assume complete responsibility, at no cost to the County, for the operation and maintenance of said van, including but not limited to providing for its licensing, insurance, fuel, operations and maintenance. II. Such van shah 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 or merchantability and fitness for any particular purpose, are hereby disclaimed and excluded. The City acknowledges and agrees that it accepts the above disclaimer and waiver and further agrees to defend, indemnify and hold harmless tlhe County, its officials, employees, agents and contractors from and against any and ail claims, demands, suits, liabilities or costs of whatsoever kind and nature which arise out of or are in any way limited to claims against the County which are brought by employees or former employees of the City and, by mutual negotiation, the City hereby waives, as respects the County only, any iimmunity 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. Exhibit "A", ORD]I~CE 5159 Agreement between King County and City of Auburn Parks and Recreation Department Page 2 of 2 llI. The City agrees that said van shall be used exclusively for the purpose of prodding transportation to the City of Auburn Parks and Recreation Department citizens which are participants in its programs, and any attendants. 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 City agrees to transfer title and possession of the van to the County within fifteen (15) days at, er 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 JIanuary 1, 2003, whichever shall first occur. KING COUNTY Date Rick C. Walsh Transit General Manager CITY OF AUBURN PARKS & RECREATION DEPARTMENT Charles A. Booth Mayor APPROVED AS TO FORM: XNSUR~OMEM~ER: C I TY 0 F AU BURR EFI~C'TIVE: Until Cancelled COVERAGE: Auto Liability VEHICLES COVERED: A/I veh/cles r¢~s~ered to the Member li~d above. INSURED BY: W~shing~on Cities Imur~c= Authod~ 5~ Sou~h Renton Village Place, Suite 760 (206) 764-6471 KEEP THIS CARD IN ]~IE~,IBER-OWNED VEHICLE