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Home My WebLink About5532 ORDINANCE NO. 5 5 3 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTER LOCAL AGREEMENT FOR THE LEASE OF THE CITY OF AUBURN'S 1979 MACK FIRE ENGINE TO THE CITY OF PACIFIC UNTIL THE CITY OF PACIFIC'S NEW FIRE ENGINE HAS BEEN DELIVERED AND IS READY FOR SERVICE. WHEREAS, the City of Pacific has requested the use of the City of Auburn's 1979 Mack Fire Engine, and WHEREAS, the City of Auburn has just received delivery of a new fire engine which will be ready to put in service the week of April 15, 2001; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. PURPOSE: The purpose of this ordinance is to approve an Inter Local Agreement with the City of Pacific for the purpose of leasing the City of Auburn's 1979 Mack Fire Engine to the City of Pacific for a time period to begin upon the effective date of this ordinance until a new fire engine to be delivered to the City of Pacific in approximately August 2001 is ready for service as set forth in the attached Inter Local Agreement marked as Exhibit "A" and incorporated herein by this reference. Section 2. CONSTITUTIONALITY OR INVALIDITY: If any section, subsection, clause, phrase, or sentence, of this Ordinance, is for any reason --------------------------- Ordinance No. 5532 April 13, 2001 Page 1 held to be invalid or unconstitutional, such invalidity or unconstitutionality of the remaining portions of this ordinance, as it is being hereby expressly declared that this ordinance and each section, subsection, clause, phrase, or sentence, hereof would have been prepared, proposed, adopted, and approved and ratified irrespective of the fact that any one or more section, subsection, clause, phrase, or sentence, be declared invalid or unconstitutional. 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 force five (5) days from and after its passage, approval, and publication, as provided by law. INTRODUCED: April 16, 2001 PASSED: April 16, 2001 APPROVED: April 16, 2001 ?'" A - L)W CHARLES A. BOOTH MAYOR Ordinance No. 5532 April 13, 2001 Page 2 ATTEST: g Cathy A. chardson erE--E?askam,- Deputy City Clerk APPROVED AS TO FORM: r Michael J. Reynolds, City Attorney PUBLISHED: -02o 700 Ordinance No. 5532 April 13, 2001 Page 3 INTER LOCAL AGREEMENT FOR THE LEASE OF THE CITY OF AUBURN'S 1979 MACK FIRE ENGINE TO THE CITY OF PACIFIC THIS AGREEMENT, made and entered into this day of April, 2001, by and between the CITY OF PACIFIC, a Washington municipal corporation (hereinafter referred to as "Pacific"), and the CITY OF AUBURN, a Washington municipal corporation, (hereinafter referred to as "Auburn"), both being duly organized and existing under and by virtue of the laws of the State of Washington, RECITALS: WHEREAS, pursuant.to RCW 35A.11.040, Auburn has the legal authority to exercise its powers and perform any of its functions as set forth in RCW 39.34; and WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, Auburn has the legal authority to cooperate with other localities on the basis of mutual advantage; and WHEREAS, PACIFIC has requested the lease of the AUBURN'S 1979 Mack Fire Engine; and WHEREAS, AUBURN has just received delivery of a new fire engine which will be ready to put into service the week of April 15, 2001; NOW THEREFORE: Ordinance No. 5532 April 13, 2001 Exhibit A Page 1 IT IS HEREBY AGREED by and between the parties hereto as follows: 1. Lease of Fire Engine. The City of Auburn leases to the City of Pacific the City's 1979 Mack Fire Engine, Pump Model CSU (single stage pump, License #D26141, 1500 GPM @ 150 PSI, Serial # 32047W55933, Vin #CF612F1009, G.V.W. 34,060 pounds for use by the City of Pacific Fire Department. 2. Term of Lease. This lease will in force from the effective date of Ordinance 5532 until the fire engine is to be delivered to the City of Pacific in approximately August 2001 is ready for service by the Pacific Department. 3. Delivery of Fire Engine. The 1979 Mack Fire Engine will be delivered by the City of Auburn to the City of Pacific as soon as practicable following the effective date of Ordinance 5532. As soon as Pacific's new fire engine is put into service, the City of Pacific will notify the City of Auburn Fire Department and the Auburn will pick up its 1979 Mack Fire Engine as soon as practicable following notification. 4. Insurance and Indemnification. The City of Pacific shall defend, indemnify, and hold harmless the City of Auburn, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Pacific's use of the Fire Engine. Pacific shall purchase and maintain Automobile Liability insurance in an Ordinance No. 5532 April 13, 2001 Exhibit A Page 2 amount of not less than $5,000.00 combined single limit for bodily injury and property damage combined. Pacific shall be responsible for any and all damages to the fire engine except for normal wear and tear. Pacific shall purchase automobile physical damage on the Fire Engine in an amount of not less than $ 30,000. The automobile physical damage insurance shall have comprehensive and collision coverage and Auburn shall be named as payee. Pacific shall be responsible for the payment of any deductible. The above insurance requirements shall be considered met by Pacific's liability and automobile physical damage coverage with the Washington Cities Insurance Authority. Pacific shall furnish Auburn an insurance certificate evidencing the required insurance before the fire engine is delivered to Pacific. 5. Termination. This agreement shall terminate as provided above. 6. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the cities under any of the provisions of this agreement, resolution of that dispute shall be available exclusively through the jurisdiction, venue and rules of the King County Superior Court, King County, Washington. 7. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a Ordinance No. 5532 April 13, 2001 Exhibit A Page 3 duly authorized representative of each city. 8. Severability. If any one or more sections, subsections or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portions of this agreement and the remainder shall remain in full force and effect. 9. Entire Agreement. Written provisions and terms of this agreement supersede any prior verbal statements by any representative of either city, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement contains the entire agreement between the parties. THE CITY OF PACIFIC Howard Erickson, Mayor THE CITY OF AUBURN C i),Q '-f( %, - Charles A. Booth, Mayor ATTEST: ATTEST: GeA19 +-H al`stea4,rGAt -Gl•eFk- -i#y-Gkm- k Cathy Harstad-Everett, City Clerk Cathy Richardson, Deputy City Clerk APPROVED AS TO FORM: Bruce Disend, City Attorney APPROVED AS TO FORM: Michael J. Reynolds, Ci y Attorney Ordinance No. 5532 April 13, 2001 Exhibit A Page 4 &-VILIS53 P-1) PHONE (253) 929-1120 CITY OF PACIFIC FAX (253) 929-1193 FIRE DEPARTMENT 133 THIRD AVENUE SE P.O. BOX 18 PACIFIC, WA 98047 pacfd@ci,pacific.wa.us April 18, 2001 The City of Pacific has met all the stipulations set forth by the City of Auburn for the use of the 1979 Mack Fire Engine. It is understood that the City of Pacific will take all responsibility for the insurance and care of the vehicle while in use at the City of Pacific Fire Department. The 1979 Mack Fire Engine is on loan from the City of Auburn Fire Department until Pacific takes delivery of a new engine to be delivered around the first week of August 2001. At that time the 1979 Mack Engine will be returned to the City of Auburn. Refer to City of Auburn ordinance no. 5532. Darin Wohlmacher, Captain Cathy Harstad-Everett, City Clerk r? Howard Erickson, Mayor l ' o Bruce Distend, City Attorney Apr 18 01 04:50p KDM Law Firm 425 392 7071 p.1 FACSIMILE TRANSMISSION FORM KENYON DORNAY MARSHALL, P.S. Attorneys at Law 11 Front Street South Issaquah, Washington 98027-3820 Telephone: 425 392 7090 Fax: 425 392 7071 TO: Darin Wohlmacher, Captain FAX NO.: 253 929 1193 Pacific Fire Department FRONT: Bruce Disend RE: Interlocal Agreement With Auburn For Lease of Fire Engine DATE SENT: April 18, 2001 NUMBER OF PAGES (including cover sheet): 3 COMMENTS: Darin, I've reviewed the agreement and signed it. Attached is the signature page. I've also attached page 2 of the agreement. There are two minor typos on page 2. You can ask Auburn to re-type that page to eliminate them. The agreement is silent concerning the condition of the engine. This means that you are accepting it "as is". Have you determined that it is in acceptable condition? This is an interlocal agreement, so the City Council has to approve it. This can be done at Monday's Council meeting. Ask Cathy Harstad-Everett to place it on the Council agenda. You will need to notify the City's insurance company about this agreement since the City is providing insurance coverage for the engine. You also sent me another document, dated April 18, 2001. The agreement covers the items mentioned in the document, so it's unclear why there is any need for that document. Let me know if there's a particular reason that you need it. If you have any questions, please give me a call. NOTICE: The information contained in this facsimile may be confidential and/or privileged. The information is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, distribution, or copying of this facsimile is prohibited. If you have received this facsimile in error, please notify us immediately by a collect telephone call and return the facsimile to the above address via U.S. postal service. Any costs incurred in returning the facsimile will be reimbursed. Thank you. npr 18 01 04:51p KDM Law Firm 425 392 7071 P.3 TOA25 392 70711.1 P.003005 RPR-18-2001 16:54 FROM:PRCIFIC FIRE DEPT 2539291193 _..._.?....?. VM/a0/<R'?t aY:0( LPlB }.7aNO1p/ AUDUM ba IY 046IUM CY rra?, f/0 . IT IS HEREBY AGREED by and between the parties hereto so follows: 1. Lease of Fire Engine. The City of Auburn leases to the City of Paafic the City's 1979 Mack Fire Engine, Pump Model CSU (single stage pump, License #D26141, 1500 GPM 150 PSI, Serial # 32047W65933, VI" #CF612F1009, G.V.W. 34,060 pounds for use by the City of Pacific Fire Department. 2. Term of Lease. This lease will In force from the effective date of Ordinance $532 untA the fires engine r, to be delivered to the City of Pee#fe in approArnately August 2001 Is ready for service by the Pacific department. 3. Delivery of Fire Engine- The 1979 Mack Ftre Engine will be delivered by the City of Auburn to the City of Pacific as soon as practicable following the effective date of Ordinance 5632. As soot as Pacific's new fire engine is put into service, the City of PeaAe will notify the City of Auburn Fire Department and the A tKi will pick up its 1979 Mack Fire Engine as soon as practicable blowing notification. 4. Insurance and Indemnification- The City of Pacific shall defend, indemnify, and. hold hamtless the City of Aubum, its officers. oEfiaals, employees and volunteers from and against any and all claims, suits, actlons, or IiabiWas for injury or death of any person, or for loss or damage to property. which arises out of Pacific's use of the Fire Engine. Pacific shall purchase and maintain Automobile Liability insurance in an OrOwnce No. SM Awl 13.2001 Exhibit A . Page 2 Apr 18 01 04:50p KDM Law Firm 425 392 7071 p.2 70:425 392 7071 P.005'005 4R-18-2061 16:54 FROM:PACIFIC FIRE DEPT 2539291193 04llbl2991 14;87 2069314897 ALURN CITY ArTON Y PAGE e$ 4 duly authorized representative of each city. 8. Severablilty. if any one or more secWns, subsecoons o: sentences of this agreement are held to be unconMutional or invalid, that decision shall not affect the validity of the remaining portions of this agreenwK and the rernalrKW shall remain In full force and effect. 9. Entire Agreement. Written provisions and terms of this agreement supersede any prior verbal atataments by any iepresentatnr9 of edher city, and those statements shall not be conamed as tvnnirg apart of or altering in any manner this agreement. This agreement contains Me entire agreement between the pardes. THE CITY OF PACIFIC Howard Erickson, Mayor THE CITY OF AUBURN Charles A. Booth, Mayor ATTEST: ATTUT: r? ? i Cathy , City Cferb DaMetie Oaskam, Gty Clem" p9STAL -L-jere4t APPROVED AS TO FORM: APPROVED AS TO' FORM: a ? J Bruce Disend, C Attune Y Gr Michael J. Re ncld9, City Attorney Orokaance No. 3530 AvrN t3.2mi' Exhibit A Pate 4