HomeMy WebLinkAboutContractContract #09 -132
Council Approval N/A
CAG -09 -159
INTERLOCAL AGREEMENT BETWEEN THE CITY OF TUKWILA
AND THE CITY OF RENTON RELATING TO THE USE OF A FIRE APPARATUS
THIS INTERLOCAL AGREEMENT ( "the Agreement ") is entered into by and between the
CITY OF TUKWILA, a State of Washington municipal corporation (hereinafter referred to as
"Tukwila "), and the CITY OF RENTON, a State of Washington municipal corporation (hereinafter
referred to as "Renton ") and in conformity with Chapter 39.34 RCW, for full consideration of
the use of a fire engine apparatus from the Renton Fire & Emergency Services Department.
RFC'ITAI C
WHEREAS, Tukwila currently operates and maintains its own Fire Department to
provide comprehensive fire suppression, emergency medical services, and other services
incidental to the protection of persons and property in Tukwila; and
WHEREAS, due to extraneous circumstances, Tukwila's Fire Department is temporarily
operating without any reserve fire apparatus available, and
WHEREAS, Tukwila seeks to fill the temporary need for an additional reserve fire
apparatus for command support, and
WHEREAS, Renton provides its own highly professional fire fighting service and has a
reserve fire apparatus available on a temporary basis to Tukwila, and
WHEREAS, Tukwila and Renton agree that the Renton Fire & Emergency Services
Department is in the best position to provide a reserve fire apparatus to Tukwila as specifically
provided for in this Agreement;
NOW THEREFORE, in consideration of the following recitals and the mutual promises
and covenants contained herein, it is agreed as follows:
AGREEMENT
1. Purpose of Interlocal Agreement. This Interlocal Agreement ( "Agreement ") is
entered into for the express purpose of allowing Renton to temporarily provide the Tukwila Fire
Department with a reserve fire engine apparatus identified in attached Exhibit "A" (hereinafter
referred to as "Equipment ").
Page 1
HA02 MarkTire Department -- Contracts and Agreements\2009 -08 -21 Final ILA _Tuwila_ Renton _Fire Enginel l.doc /CoR/08 /21/09
2. Duration and Termination. The initial term of this Agreement shall begin upon
execution by both parties and extend until termination. Either party may terminate this
Agreement by providing written notice of such intent to terminate at least ten (10) days prior to
the termination date.
3. Equipment. Renton will retain all right, title, and interest in the Equipment assigned
to the Tukwila Fire Department for the duration of this Agreement, with the stipulation that
such equipment continues to be used for delivery of fire and rescue services. Renton makes no
representation or warranty, express or implied, as to the condition of such equipment or its
suitability and fitness for use by the Tukwila Fire Department for the delivery of fire and rescue
services. Only that Equipment identified in attached Exhibit "A" is intended to be assigned to
Tukwila pursuant to the terms and conditions of this Agreement. Upon termination of this
Agreement, Tukwila shall return the Equipment to Renton in substantially the same condition
including routine wear and tear for such equipment.
4. Fees and Reimbursements. Renton will provide the Equipment to Tukwila at no cost
during the duration of this Agreement. All expenses related to operating, maintaining, and
insuring the Equipment during the term of this Agreement shall be the responsibility of Tukwila.
5. Indemnification. Tukwila agrees to and shall hold harmless, defend and indemnify
Renton and its officers, agents and representatives, from and against any liability and damages,
and claims of such liability and damages arising out of or in connection with performance of this
Agreement and /or use of the Equipment referenced in paragraph 3 above, except to the extent
that the same is caused by the negligence of Renton or its officers, agents and representatives
to be indemnified under this Section. No claim or litigation shall be settled without prior
approval of Renton.
Renton agrees to and shall hold harmless, defend and indemnify Tukwila and its officers, agents
and representatives, from and against any liability and damages, and claims of such liability and
damages arising out of or in connection with performance of this Agreement and /or use of the
Equipment referenced in paragraph 3 above, except to the extent that the same is caused by
the negligence of Tukwila or its officers, agents and representatives to be indemnified under
this Section. No claim or litigation shall be settled without prior approval of Tukwila.
This Section shall remain in force despite termination or expiration of this Agreement with
respect to acts and /or omissions occurring before termination of this Agreement (whether by
expiration of the term or otherwise).
6. Insurance. During the term of this Agreement, Tukwila shall keep and maintain the
following policies of insurance in full force and effect with regard to the use of the Equipment
referenced in paragraph 3 above:
Page 2
HA02 Mark\Fire Department -- Contracts and Agreements\2009 -08 -21 Final ILA_Tuwila_ Renton _Fire Enginel l.doc /COR/08 /21/09
A. Tukwila shall maintain at its own expense appropriate policy or policies of
property and comprehensive general liability insurance with respect to the Equipment
referenced in paragraph 3 above, in such amounts as are reasonable and appropriate.
B. In the event of damage or loss of the Equipment, Tukwila is obligated to
replace or repair the Equipment with the proceeds it receives from its insurance
company.
7. Dispute Resolution, Venue and Governing Law. It is the parties' intent to resolve any
disputes relating to the interpretation or application of this Agreement informally through
discussions at the staff level. In the event disputes cannot be resolved informally at the staff
level, resolution shall be sought by the respective City Administrators within thirty (30) days
from the date of a written request by either party hereto, and if unsuccessful, then the parties
agree to submit the dispute to non - binding mediation /dispute resolution, the cost of which
shall be borne equally by the parties hereto. Venue for any action relating to enforcement of
this Agreement shall be solely in King County Superior Court. This agreement shall be governed
by the laws of the State of Washington.
8. Independent Contractor. Each party to this Agreement is an independent contractor
with respect to the subject matter herein. Nothing in this Agreement shall make any employee
of Tukwila an employee of Renton, and vice versa, for any purpose, including, but not limited
to, for withholding of taxes, payment of benefits, worker's compensation pursuant to Title 51
RCW, or any other rights or privileges accorded to either party's employee by virtue of their
employment. At all times pertinent hereto, employees of Tukwila are acting as Tukwila
employees and employees of Renton are acting as Renton employees.
9. Partial Invalidity and Severability. Whenever possible, each provision of this
Agreement shall be interpreted in such a manner as to be effective and valid under applicable
law. Any provisions of this Agreement which shall prove to be invalid, void or illegal shall in no
way affect, impair or invalidate any other provisions hereof, and such other provisions shall
remain in full force and effect.
10. Assignability. The rights, duties and obligations of either party to this Agreement
may not be assigned to any third party without the prior written consent of the other party,
which consent shall not be unreasonably withheld.
11. No Third -Party Rights. Except as expressly provided herein, nothing in this
Agreement shall be construed to permit anyone other than the parties hereto and their
successors and assigns to rely upon the covenants and agreements herein contained nor to give
any such third party a cause of action (as a third -party beneficiary or otherwise) on account of
any nonperformance hereunder.
12. Entire Proposal. This proposal constitutes the entire proposal between the parties
hereto and no other proposals, oral or otherwise, regarding the subject matter of this
Page 3
H:\02Mark\FireDepartinent--Contracts and Agreements\2009 -08 -21 Final ILA_Tuwila_Renton Fire Enginel l.doc /CoR/08 /21/09
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 amendment hereto and become part of
this Agreement when signed and executed by the parties hereto.
13. Duplicate Originals. This Agreement shall be executed with duplicate originals, with
each duplicate original having the same force and effect as the other.
14. Filing With Auditor. This Agreement shall be filed with the King County Auditor
pursuant to RCW 39.34.040.
AGREED TO THIS day of
Denis Law, Mayor
City Admin A or
Approved As To Form:
City Attorney
2009.
CITY OF TUKWILA
Approved As To Form:
a
G4ty Altdrn
Page 4
HA02 MarkTire Department -- Contracts and Agreements\2009 -08 -21 Final ILA _Tuwila_ Renton _Fire Enginel l.doe/CoR/08 /21/09
INTERLOCAL AGREEMENT BETWEEN THE CITY OF TUKWILA
AND THE CITY OF RENTON RELATING TO THE USE OF A FIRE APPARATUS
Exhibit A
Make:
E -One Pumper
Year:
1996
VIN:
4EN3AAA86T1006212
SO #:
16212
Engine:
Cummins M11 34821673
Transmission:
Allison HD 4060 6610012096