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Home My WebLink About09-132 - City of Renton - Use of Fire ApparatusCITY OF RENTON AJD Denis Law, `Mayor ADDENDUM TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF TUKWILA AND THE CITY OF RENTON RELATING TO THE USE OF A FIRE APPARATUS THIS ADDENDUM IS TO AN INTERLOCAL AGREEMENT "the Agreement 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. 1. Purpose of Addendum to Interlocal Agreement. This Addendum is to the Interlocal Agreement "Agreement previously entered into by the parties for the express purpose of allowing Renton to temporarily provide the Tukwila Fire Department with a reserve fire engine apparatus as identified in Exhibit "A" attached to the Interlocal Agreement (hereinafter referred to as "Equipment The purpose of this Addendum is to clarify the insurance and deductible requirements set forth in Paragraph 6 of the Interlocal Agreement, as it relates to Tukwila Fire Department's use of Renton's loaned fire apparatus /Equipment. 2 Liability Insurance. During the term of the Interlocal Agreement, Tukwila shall add the loaned fire apparatus /Equipment to its automobile liability insurance coverage, and shall keep and maintain such policies of insurance and liability coverage in full force and effect with regard to the use of the loaned fire apparatus /Equipment. 3 Property Insurance and Deductible. In the event of damage or loss of the loaned fire apparatus /Equipment, Tukwila shall pay any deductible to repair or replace the loaned fire apparatus /Equipment. 4 Filing with Auditor This Addendum to the Interlocal Agreement shall be filed with the King County Auditor pursuant to RCW 39 34.040. .P1 AGREED TO THIS V day of ttativhe r 1 CITY OF TUKWILA 2009 Haggerty /layor CAG -09 -159, Adden #1 -09 09 132 (a) Council Approval N/A City Admi ator Approved As To Form City Attorney Attest City Clerk J74 PeAk e/e/k City Administrator Approved As To Form ftto 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. RECITALS CAG Contract #09 -132 Council Approval N/A 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 H:102 Mark Wire Department Contracts and Agreements \2009-08-21 Final ILATuwila_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 H:102 Mark\Fire Department Contracts and Agreements\2009 -08 -21 Final ILA_Tuwila_Renton_Fire Enginel l.doc /COR/O8 /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 Severabilitv 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 -Partv 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: \02 Mark\Fire Department Contracts and Agreements\2009 -08 -21 Final ILA Tuwila_Renton_F re Enginel1.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 3 day of t"�J Denis Law, Mayor City Adminktra or Approved As To Form City Attorney Attest ity CIer CITY OF TUKWILA City Administrator Approved As To Form CitjAttoOey 2009 Page 4 H: \02 Mark\Fire Department Contracts and Agreements\2009 -08 -21 Final ILA_Tuwila_Renton_Fire Enginel l.doc /CoR/08 /21/09 -4) INTERLOCAL AGREEMENT BETWEEN THE CITY OF TUKWILA AND THE CITY OF RENTON RELATING TO THE USE OF A FIRE APPARATUS Make E -One Pumper Year 1996 VIN 4EN3AAA86T1006212 S O 16212 Engine Cummins M11 34821673 Transmission Allison HD 4060 6610012096 Exhibit A