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HomeMy WebLinkAboutKing County Fire Protection District No. 37 . F , i Return Address: ; 20081009000109 Auburn City Clerk i I IC NW TIT INTERLOCA 53.00 ! PAGE001 OF 012 City of Auburn KiNCSCOUN8Y08wa3 ~ 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): i~ Sl Interlocal Agreement (Resolution No. 4032) Reference Number(s) of Documents assigned or released: ❑Additional reference #'s on page of document Grantor(s)/Borrower(s) (Last name frst, then first name and initials) Aubum, City of . Grantee/AssigneeBeneficiary: (Last name first) FILEp BY PNWT 1. King County Fire Protection District No. 37 (Jg(D_ Ia W Legal Description (abbreviated; i.e: lot, block, plat or section, township, range) PER RCW 39.34 ❑ Additional legal is onpage of document; Assessor's Property Tax Parcel/Account Number N/A ❑ Assessor Tax # not yet assigned SaiQ doCUmenf(e) wero filed fot reoortJ try. PaGtiC NoAhwesl Title as aCCanmoddiron only: It has not Deen examm6tl as to proper executron or ' as to ite eftect upon tnle. RESOLUTION NO. 4032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AND EXECUTE AN INTERLOCAL AGREEMENT WITH KING COUNTY FIRE PROTECTION DISTRICT NO. 37 FOR THE PURPOSE OF PROVIDING MAINTENANCE AND REPAIR OF FIRE APPARATUS WHEREAS, the City of Auburn owns and operates fire and emergency apparatus requiring routine, preventative, and specialized maintenance and repairs; and WHEREAS, in order to more effectively provide for such services, it is appropriate that the City secure qualified professionals capable of performing said maintenance and repairs; and WHEREAS, toward that end, the City has negotiated an interlocal agreement with King County Fire Protection District No. 37 to provide the necessary maintenance and repair of fire and emergency apparatus in order to maintain quality emergency services. 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 interlocal agreement in substantial conformity with the Interlocal Agreement Resolution 4032 May 8, 2006 Page 1 for Fire Apparatus Service 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. \ I \Lt, Dated and Signed this t day of m~Lj ,200~. c >~ ------ c:-------...--~ --- , PETER B. LEWIS MAYOR ATTEST: LO~~ Dahtelle E. Daskam, City Clerk Daniel B. Heid, City Attorney Resolution 4032 May 8, 2006 Page 2 INTERLOCAL AGREEMENT FOR FIRE APPARATUS SERVICE THIS AGREEMENT is entered into between KING COUNTY FIRE PROTECTION DISTRICT NO. 37, a Washington Municipal Corporation ("District), and CITY OF AUBURN, a Washington Municipal Corporation ("City"). 1. PURPOSE. The purpose of this Fire Apparatus Service Agreement ("Agreement") is to provide the necessary maintenance and repair of fire Apparatus equipment owned and operated by the City in order to maintain quality emergency services. The District currently has the facilities and personnel to perform this necessary service and is willing to extend this service to the City. It is recognized that fire and emergency Apparatus are unique vehicles that require special attention. This type of service and repair can better be performed by personnel that only repair emergency Apparatus, and this same service cannot be provided by the local customary repair shop or garage. This Agreement is made and entered into pursuant to the provisions ofRCW Chapter 39.34, the Interlocal Cooperation Act. 2. DEFINITIONS. 2.1. "Apparatus" shall include aerials, pumpers, tenders, aid cars, and support units, or any other fire safety or emergency equipment designated by the parties; all as more particularly designated in Exhibit A subject to change as provided in Paragraph 8. 2.2. "Preventative Maintenance and Repair" means those items of work specified by the Apparatus manufacturer as maintenance, preventative maintenance, or scheduled replacement or repairs at the frequencies specified by the manufacturer and as indicated in the scope of work established in Exhibit B "Scope of Work." 2.3. "Designated Site" means the location where apparatus maintenance will be preformed. The location may be anywhere that is mutually agreed upon by both parties. However, the primary and usual location will be the fire apparatus maintenance shop for the District. 3. DISTRICT RESPONSIBILITIES. 3.1 Upon delivery to the Designated Site, District shall be responsible for performing Preventative Maintenance and Repair of Apparatus covered under the terms of this Agreement. 3.2 Preventative Maintenance and Repair on the City's antique parade engine will be performed subject to parts availability and provided that the work does not negatively affect the operational readiness of any fire Apparatus being maintained by the District's mechanics. 3.3 If the City does not make the Apparatus available at the frequency required by the equipment manufacturer, the District is not responsible or liable for any adverse condition related to Preventative Maintenance or Repair. 3.4 If the parties agree that it is warranted, District Maintenance staff may place Apparatus out of service for safety reasons and is authorized to keep the Apparatus out of service until safety repairs are properly completed. INTERLOCAL AGREEMENT FOR FIRE APPARATUS SERVICE AGREEMENT Page 1 4. CITY RESPONSIBILITIES. 4.1 The City is responsible to ensure that its Apparatus meet safety requirements based on manufacturer's recommendations, and all applicable local, state, and federal laws, rules, and regulations. 4.2 The City may perform minor maintenance and upkeep on its Apparatus. 4.3 The City is responsible for delivering its Apparatus to the Designated Site. 4.4 The City will not permit work on its Apparatus by other maintenance personnel that are not authorized to perform the work by the manufacturer and District maintenance staff. 4.5 The City is responsible for all outside services not covered by this Agreement, including, without limitation, towing, flat tire repairs, purchase and installation of tires, emission testing and adjustments, and any other outside service not covered by the District. 4.6 The City is responsible for paying the District for all services rendered by the District under this Agreement pursuant to the terms of this Agreement. 5. HOURS OF WORK. Routine maintenance and repair work will be scheduled during the District's normal work period, which is 6:30 a.m. to 4:30 p.m., Monday through Friday except for District holidays. 6. EMERGENCY AND OTHER SERVICE REQUESTS. With authorization by the City, District may provide emergency services, and services, maintenance, repairs and modifications beyond Preventative Maintenance and Repair, if the District determines that it has adequate time and resources. 7. CHARGES FOR PREVENTATIVE MAINTENANCE AND REPAIR. The City will pay District $130,000 annually for the life of this contract, paid in eleven monthly payments of $10,833.33 during January through November, and one monthly payment of $10,833.37, during December. In addition, City will reimburse the District the entire cost of all parts, fluids, and materials used to perform maintenance and repairs on the Apparatus. No surcharges will be added to the parts, fluids, and materials costs. 8. MODIFICATIONS TO EXHIBIT. A. The Fire Chiefs of the City and District may negotiate changes, amendments, and modifications to Exhibit A if mutually agreed to in writing. If the City desires to add Apparatus to the list of covered Apparatus, it must provide the District's Fire Chief at least 30 days prior written notice. The City may remove Apparatus from Exhibit A by notifying the District in writing of the removal. Such removal shall be effective as of the date the District receives this notice. The parties shall negotiate mutually agreeable changes to the annual fee when Exhibit A is modified. 9. TERM OF AGREEMENT. This Agreement shall be effective on the date this Agreement is executed by both parties and shall continue for the following 36 calendar months. 10. Limited Warranty. The District will repair or replace any new parts (except parts not covered by a manufacturers warranty such as electrical parts) or redo any labor which fails in normal service due INTERLOCAL AGREEMENT FOR FIRE APPARATUS SERVICE AGREEMENT Page 2 to defects in parts or labor if notified within 90 days. This warranty does not cover loss of time, use, inconvenience, normal wear, abuse, used parts or other matters not specified and the District shall not be liable for any consequential, incidental or commercial damages related to the Preventative Maintenance and Repair work in excess of the costs of the specific repairs. The District disclaims any implied warranty of merchantability and fitness for a particular purpose and neither assumes nor authorizes any other person to assume for it any liability in connection with the Preventative Maintenance and Repair work. No warranty, whether expressed or implied, extends beyond 90 days. 11. INDEMNIFICATION. Each party shall indemnify and hold the other party and the other party's 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 the other party arising out of, in connection with the party'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 both parties, and/or their agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of each party; and provided further, that nothing herein shall require one party to hold harmless or defend the other party, its agents, employees and/or officers from any claims arising from the sole negligence of the other party, its agents, employees, and/or officers. No liability shall attach to either party by reason of entering into this Agreement except as expressly provided herein. 12. INSURANCE. The District shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by District, its agents, representatives, employees, subconsultants or subcontractors. Before beginning the work described in this Agreement, the District shall provide a Certificate of Insurance evidencing: 12.1 Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 12.2 Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operationslbroad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability. 12.3 Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. 12.4Garagekeepers Legal Liability policy with limits not less than $1,000,000 or, in the alternative, acceptable proof from the District's Insurance Company confirming that the City and District are fully covered for any damage to the City's Apparatus while it is being serviced, maintained, repaired or stored by District. 12.5 Any payment of deductible or self-insured retention shall be the sole responsibility of the District. INTERLOCAL AGREEMENT FOR FIRE APPARATUS SERVICE AGREEMENT Page 3 12.6 The City shall be named as an additional insured on the insurance policies, as respects work performed by or on behalf of District and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. 12.7 The District's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 12.8 The District's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. 13. MISCELLANEOUS PROVISIONS: 13.1 Audit. The District shall permit the City, from time to time as they deem necessary (including after the expiration or termination of this Agreement), to inspect and audit at all reasonable times at the District's offices, all of the District's pertinent books and records to verify the accuracy of records pertaining to the work contemplated by this Agreement. The District shall permit the City to copy any of these books and records upon the City's request, subject to payment of the District's reasonable costs incurred in making those copies. 13.2Addresses for Notices. All notices and other material to be delivered under this Agreement shall be in writing and shall be delivered or mailed to the following addresses: King County Fire District 24611 116th Ave SE Kent W A 98031 Attn: Jim Schneider, Fire Chief Auburn Fire Department 1101 "D" Street NE Auburn, W A 98002 Attn: Mike Gerber, Deputy Chief or such other addresses as either party may, from time to time, designate in writing. 13.3 Amendments. Except as provided in Paragraph 8 of this Agreement, no modification or amendment of this Agreement shall be effective unless in writing and signed by authorized representatives of the parties. The parties expressly reserve the right to modify this Agreement, from time to time, by mutual agreement. 13.4Applicable Law. Venue. This Agreement shall be construed and interpreted in with the laws and under the jurisdiction of the State of Washington. The venue of any action brought under this Agreement shall be brought and filed in the Superior Court for King County, located at the Regional Justice Center in Kent, Washington. 13.5 No Waiver. No waiver of full performance by either party shall be construed, or operate, as a waiver of any subsequent default or breach of any of the terms, covenants, or conditions of this Agreement. 136 Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the District or of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. The Page 4 INTERLOCAL AGREEMENT FOR FIRE APPARATUS SERVICE AGREEMENT entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and any Exhibits attached hereto. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. 14. DUPLICATE ORIGINALS. This agreement may be executed in duplicate originals. By. ~ Its: Tom Sawyer, Chairm of the Board By: .....--. DISTRICT NO. 37 CIT Date: m~ .9,~ IJOob APPROVED AS TO F~ ~D"A B -c ;. c.. Y' <:>r--vre, Istnct ttorney Date: MAY 1 1 2006 :])dVll1-e! 73 He/'A , City Attorney INTERLOCAL AGREEMENT FOR FIRE APPARATUS SERVICE AGREEMENT Page 5 EXHIBIT A Auburn Fire Department Apparatus as of April 2006 APP# TYPE YR MAKE LICENSE/ST A. MILES PUMPERS #58 ENGINE 01 PIERCE 30970D 31 41,854 VIN = 4PICT02S21AOO1138 #53 ENGINE 97 PIERCE 24321D 33 85,654 VIN = 4PICT02S5V AOO0202 #59 ENGINE 03 PIERCE 36255D 32 20,581 VIN = 4PICT02H73A003622 #41 ENGINE 91 PIERCE 12607D 31 98,842 VIN = 4PICT02G9NAOOO148 #17 ENGINE 84 MACK D33784 32 89,619 VIN = IMIH143COEMOO1145 #55 ENGINE 98 PIERCE 26723D 33 46,000 VIN = 4PICT02S1WAOOO716 AID UNITS #62 AID CAR 06 FORD Pending 3,506 #38 AID CAR 91 FORD D2904 32 15,945 VIN = IFDKE30M7MHB07581 #57 AID CAR 00 MAV 28928D 32 71,473 VIN = IHTSLAAL3YH222787 #56 AID CAR 00 MAV 28927D 31 62,124 VIN = IHTSLAALl YH222786 #35 AID CAR 90 FORD 08782D 33 12,482 VIN = IFDKE30M4LHB36356 #60 AID CAR 03 FORD 37716D 31 16,095 VIN=IFDXE45F43HB43488 rnTERLOCALAGREEMENTFOR FIRE APPARATUS SERVICE AGREEMENT Page 6 ATTACHMENT A (cont'd) MISCELLANEOUS SUPPORT VEHICLES #24 EMPTY 87 TRAILER 00827D 33 VIN = TLCU87821 #54 HAZ/MA T 88 BUS 26176D 33 VIN = IHVJATVNOJH577696 #30 RESCUE 89 GMC 05335D 33 VIN = IGTKP32W7K3500942 BULLET BURNER 2003 HURDS 35676D 31 VIN = IH9BS12153H246068 BOAT TRAILER 94 EZ Loader 22188D 33 VIN = lZEIXCR16RAE23931 Page 7 INTERLOCAL AGREEMENT FOR FIRE APPARATUS SERVICE AGREEMENT EXHIBIT B SCOPE OF WORK This document outlines the services King County Fire District would be providing, if both agencies agree to a maintenance contract. );> Engine: Will perform service, diagnostics, and repair accessible components that do not require the engine being taken apart. If there are major engine repairs, we will send to an outside repair shop. Engines will not be removed from Apparatus. );> Cooling System: Will service the cooling system and repair as needed. Should a radiator need to be repaired, we will remove and send to an outside vendor. );> Transmissions: Will service, which includes changing filters and fluids. If the transmission is in need of repair, will perform basic diagnostics, and repair ifrepair work is not major and no removal of the transmission is necessary. Ifa major repair is needed, an outside vendor will be utilized. );> Transfer case: Will service and perform repairs if needed. );> Pump: Will service and perform maintenance, including annual pump testing, valve rebuilds, control repairs, replacing gauges, rebuilding, fixing and/or replacing primers, and repacking pumps. We will also perform in-frame pump rebuilds. );> Rear Differential: Will service, repair, or replace as necessary. );> Suspension: - Will inspect and repair as necessary. );> Brakes: Will inspect and repair as necessary. );> Electrical: Will service, diagnose, and repair, i.e. chassis, emergency lighting, etc. Internal repairs will not be made to radios. );> AirIHydraulic Systems: Will service, diagnose, and repair. );> Aerial: UL inspection will take place annually, and repairs will be performed if any deficiencies are found, in order to remain in compliance with the manufacturers' specifications. );> Stationary generators mounted on Apparatus: Will service, diagnose, and repair. );> Wheels and tires: Identification will be made if new tires are needed. Tire replacement is done by outside vendor. );> Body - Will inspect the body and make minor repairs that are accessible. We cannot perform body repair or painting. Any bodywork will be taken to an outside vendor. We also will not replace any windows that are glued in place. );> Trim and Finish: Will replace parts that do not require painting. );> Water Tank: Will repair and replace, if necessary. );> Outfitting of Apparatus: Will perform radio installations and/or small equipment installations, acceptance testing, i.e. electrical load, pump, and road testing. In addition to the above areas of maintenance, annual weighing will be performed every year to ensure compliance with Washington State Law. Ifnot in compliance, a recommendation will be made of the actions available to bring the Apparatus into compliance. All of the Apparatus checklists utilized are tailored to a specific Apparatus. Attached are sample copies of checklists we currently use for a Quantum Pumper, Aerial, and Aid Car. Also attached is a form used for Pump Testing. Page 8 INTERLOCALAGREEMENTFOR FIRE APPARATUS SERVICE AGREEMENT