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HomeMy WebLinkAboutORD 5721CITY OF RENTON, WASHINGTON ORDINANCE NO. 5721 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ACCEPTING THE DONATION OF A 1999 FORD RVC MOBILE COMMUNICATIONS UNIT VEHICLE FROM THE RENTON EMERGENCY COMMUNICATIONS SERVICE. WHEREAS, under RCW 35A.79.010, a code city shall have all powers provided by general law to cities of any class relating to the receipt of donations of money and property, both real and personal, including, but not limited to the acquisition or disposition of municipal property and its use and management; and WHEREAS, pursuant to RCW 35.21.100 every city and town by ordinance has the authority to accept any money or property donated, devised or bequeathed to it and to carry out the terms of the donation, devise, or bequest, if within the powers granted by law; and WHEREAS, the Renton Emergency Communication Service ("RECS") desires to donate a Mobile Communications Response Unit vehicle for use by non-profit organizations or local governments which are able and willing to provide transportation service for equipment; and WHEREAS, the City is able and willing to use such a vehicle for such purposes in accordance with the terms and conditions required by RECS; and WHEREAS, the City has demonstrated to the satisfaction of the RECS that it meets the following criteria: 1. Capacity to support ongoing vehicle operation, including assured funding for licensing, insuring, fueling and maintaining the vehicle; 2. Ability to provide qualified and trained drivers; and 1 ORDINANCE NO. 5721 3. Specific plans for use of the vehicle to transport equipment, and to support the activities of RECS; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The City hereby accepts the donation of one 1999 Ford RVC, with current mileage of 42,225 and bearing vehicle identification number (VIN) 1FDXE40F3XHB23147 ("vehicle"), together with all attached equipment, from the RECS, on an "AS IS" and "WITH ALL FAULTS" basis, under the terms and conditions specified in this ordinance and by separate agreement between the City and the RECS. SECTION II. Following release of the vehicle's title by RECS, the City shall transfer ownership of the vehicle's title to the City, as prescribed by law, prior to the City's use of the vehicle. Upon signed acceptance of the vehicle, the City shall assume ownership and complete responsibility, at no cost to the RECS, for operation and maintenance of said vehicle, including but not limited to providing for its licensing, insurance, fuel, operations and maintenance. SECTION III. The City agrees that the vehicle shall be used primarily for the purpose of providing equipment transportation and to support the activities of the RECS. SECTION IV. The City further agrees not to sell the vehicle during the first three years of its ownership. SECTION V. The Mayor and City Clerk are hereby authorized to enter into an agreement with the RECS specifying the terms and conditions of the donation of the vehicle, the form of which is attached hereto as Exhibit A. 2 ORDINANCE NO. 5721 SECTION VI. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCILthis 8th day of September # 2014. Jason A_ Seth, Acting City Clerk APPROVED BY THE MAYOR this 8th day of September 2014. Denis Law, Mayor Approved as to form: ORD:1823:5/28/14:scr 3 ORDINANCE NO. 5721 EXHIBIT A ORDINANCE NO. 5721 AGREEMENT Between RENTON EMERGENCY COMMUNICATION SERVICE and CITY OF RENTON THIS AGREEMENT ("the Agreement") is made and entered into by and between Renton Emergency Communication Service, hereinafter referred to as "RECS," and the City of Renton, hereinafter referred to as the "City" and in conformity with RCW 35.21.100. RECITALS A. The RECS desires to make available one 1999 FORD RVC vehicle for use by non- profit organizations or local governments which are able and willing to provide transportation service for equipment; and B. The City is able and willing to use such a vehicle for such purposes in accordance with the terms of this Agreement; and C. The City has demonstrated to the satisfaction of the RECS that it meets the following criteria: 1. Capacity to support ongoing vehicle operation, including assured funding for licensing, insuring, fueling and maintaining the vehicle; 2. Ability to provide qualified and trained drivers; and 3. Specific plans for use of the vehicle to transport equipment, and to support the activities of the Renton Emergency Communication Service. Page 1 of 4 ORDINANCE NO. 5721 AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Subject to the terms of this Agreement, the RECS agrees to provide one 1999 FORD RVC, with current mileage of 42,225 and bearing vehicle identification number (VIN) 1FDXE40F3XHB23147, together with all attached equipment, to the City. The RECS has the lawful right to sell the same and that good and clear title to the vehicle is clear of all liens, claims, encumbrances and rights of others. The RECS shall release the title to the City and the City shall transfer title as prescribed by law prior to the City's use of the vehicle. Upon signed acceptance of said vehicle, the City shall assume ownership and complete responsibility, at no cost to the RECS, for operation and maintenance of said vehicle, including but not limited to providing for its licensing, insurance, fuel, operations and maintenance. 2. Such vehicle shall be provided on an "AS IS" and "WITH ALL FAULTS" basis. The RECS makes no warranty of any kind, express or implied, or arising by operation of law, by course of dealing or arising by performance, trade practice, or otherwise. The RECS disclaims all other warranties including without limitation, any implied warranties of merchantability or fitness for a particular purpose. All services, materials and repairs required in connection with the use and operation of the vehicle which is the subject of this Agreement shall be performed at the City's sole expense. In no event shall the RECS be liable for direct, indirect, incidental, exemplary, consequential, or special damages arising in any manner whatsoever out of the City's possession, control or use of the vehicle, even if the RECS had Page 2 of 4 ORDINANCE NO. 5721 been previously advised of the possibility of that damage. The City acknowledges and agrees that it accepts the above disclaimer and waiver and further agrees to defend, indemnify and hold harmless the RECS, its officials, employees, agents and contractors from and against any and all claims, demands, suits, liabilities or costs of whatsoever kind and nature, which arise out of or are in any way related to said vehicle or its use. Said claims include, but are not limited to, claim against the RECS which are brought by employees or former employees of the City and, by mutual negotiation, the City hereby waives, as respects the RECS only, any immunity 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. 3. The City shall use said vehicle primarily for the purpose of providing equipment transportation and to support the activities of the Renton Emergency Communication Service. 4. The City shall not sell the vehicle during the first three years of ownership. 5. This Agreement may be terminated only by written agreement of the RECS and the City. 6. This Agreement constitutes the entire proposal between the parties hereto and no other proposals, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. Either party may request changes in this Agreement. Proposed changes, modifications or amendments that are mutually agreed upon shall be incorporated by written Page 3 of 4 ORDINANCE NO. 5721 amendment hereto and become part of this Agreement when signed and executed by the parties hereto. 7. Duplicate originals of this Agreement shall be filed with the City and the RECS. RENTON EMERGENCY CITY OF RENTON COMMUNICATION SERVICE By By_ Raymond Kusumi, Team Leader Denis Law, Mayor Date: Date: Attest: Attest: Approved as to Form: Approved as to Form: City Attorney Page 4 of 4