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Home My WebLink About3676 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 January 2, 2004 Page 1 Section 3. That this Resolution shall take effect and be in full force PETER B. LEWIS MAYOR ATTEST: Æ!~~s~~~~ City Clerk --------------- Resolution 3676 January 2, 2004 Page 2 -~ ~ -' Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 11111111 1111111111111 2004070S000114 PACIFIC NW TIT AG 26.00 PAGE001 OF 008 07/08/2004 09:33 KING COUNTY, WA - - - -- - RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Interlocal Agreement (Resolution 3676) 81 ;2 (ç p¡V Vv-rt C..) g~ ILf -I L Reference Number(s) of Documents assigned or released: OAdditional reference #'s on page _ of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) Auburn, City of Grantee/Assignee/Beneficiary: (Last name first) 1. Pacific, City of Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) PER RCW 39.34 o Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number N/A o Assessor Tax # not yet assigned EXHIBIT "A" CITY OF AUBURN - CITY OF PACIFIC INTERLOCAL AGREEMENT FOR SCBA SERVICES THIS INTERLOCAL AGREEMENT made and entered into, pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the q 'Î \ov day of t:' ...ILb0 0...<:"...\'"":) , 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 fire 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 Auburn. NOW THEREFORE in consideration of their mutual covenants, conditions and promises, THE PARTIES HERETO DO HEREBY AGREE as follows: 1. SCOPE OF SERVICES Auburn agrees to perform in a good and professional manner the following tasks: a. Maintenance of Self Contained Breathing Apparatus (SCBA) equipment of Pacific, as requested by Pacific. b. Perform annual fit tests for each individual of the Pacific Fire 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. c. Provide training for all individuals of the Pacific Fire Department (including volunteers) who utilize SCBA units, as requested by Pacific. d. 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. 2. 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. 3. 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 commencement 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 conformity with the procedures described in Section 4 of this Agreement. 4. 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 the 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 normal course, subject to any conditions or provisions in this Agreement or addendum. 5. TERM OF AGREEMENT AND TIME FOR PERFORMANCE _ (Ii The Term of this Agreement shall commence on the date hereof or on the ,:;.J. --- day of h /:; nÆCi'· , 200L, and shall automatically renew annually unless terminated by th' 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 4. 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 policies. 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 anyone occurrence. 5. INDEMNIFICATION Pacific shall indemnify and hold Auburn and its 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 Auburn arising out of, in connection with, or incident to the execution of this Agreement and/or Pacific'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 Auburn, its agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to the 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 rules and regulations pertaining to them in connection with the matters covered herein. Exhibit "A" to Resolution 3676 Page 3 STATE OF WASHINGTON) ) ss. COUNTY OF \-< Í\ c\ ) ON THIS -S- day Ç>f .-- ...... <t.l~.J (' l- G , 200~, before me, personally appeared KA c\-\..<.\.R,\·)'\J~~(\U:fu\:'d ;) ( ! , to me known to be the Mayor and City Clerk of the CITY OF PACIFIC, a municipal c rporation, 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 VBLIC in and for th~~,State of Washingto? residing at r 9 ~ "ì<' 9J My CommIssiOn ExpIres: ,. r ~ . ON. THIS, ;; / ~ day, of --..) a Vl t{tl (Y.-, , . , 200':1., before me, personally appeared f/e+-e. ), /...£.¿IJI''S> andD~v1ù/le t; DæJbJ4;1to 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 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. "...."",\.\\ ,....... A 8'\\1 -'" a.,., , 0...1, ::t- ~~.",,:... ". '.L .", .: .,. c..SiO^, ..' ~ " .. .' ..t\.~ '4;., '\~ I :¡..:..,....:,', Æ,)..<: " .. .~ OTA "".("' I , :o\~.\ 11).-1)·· '- : :ü' rn~ ~ ;.: ....<tfØ') (J): ~ ., . . ." ~ ," ~ ÞIJ'c.,' I :.. I").·. r:,',- :~~ ~.. ..0: I-Y'l 'A..,: 4 " »~..., 0·g.01..·· ~ _- I,~. oi::.WÄS~\~...:-' I" ......... ,\\~",,,,,,,...., JunM~ A. ~~ NOTA'RY PUBLIC in and for the State of Washington, residing at ~, (!¿;. My Commission Expires: /ó~ q- tJ 7 Exhibit "A" to Resolution 3676 Page 7 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. 9. ATTORNEYS' FEES If either party shall be required to bring any action to enforce any provision 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: J To Auburn: City of Auburn 25 West Main Auburn, WA 98001-4998 Attn: 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 the 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 Exhibit "A" to Resolution 3676 Page 4 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. 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 in 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 ofthe 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 ofthis Agreement is to accomplish the objectives of this Agreement. F. The funding of the respective obligations of the parties shall be out ofthe 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 held 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 entire 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 Exhibit "A" to Resolution 3676 Page 5 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. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. CITY OF PACIFIC ~~¿ Peter B. Lewis, Mayor BY:~ (' ~ Its Mayor Attest:~ 4 ~~D City Clerk U Attest: JJjÎ/lf::¡;( !~~ City Clerk /' I Pacific City Attorney Auburn City Attorney Exhibit "A" to Resolution 3676 Page 6 RESOLUTION 538 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFIC, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH THE CITY OF AUBURN FOR SCBA SERVICES WHEREAS, the cities of Pacific and Auburn 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 therefore. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PACIFIC, 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. Section 3. That this resolution shall take effect and be in full force upon passage and signatures hereon. Dated this 9 day of February 2004. CITY OF PACIFIC ~, Richard Hildreth, Mayor ~ ATTEST: ëL Albert A. Abuan, City Attorney WSBA No. 10597 ---;,