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HomeMy WebLinkAbout91-135 - Valley Cities - Ground Ladder Testing Equipment13S C AG -91 -010 71 P 9 INTERLOCAL AGREEMENT FOR JOINT PURCHASE AND USE OF GROUND LADDER TESTING EQUIPMENT THIS AGREEMENT made and entered into between the CITY OF AUBURN, a municipal corporation located at 25 West Main, Auburn, Washington 98001, hereafter referred to as "AUBURN and the CITY OF KENT, a municipal corporation located at 220 Fourth Ave. S., Kent, Washington 98032, hereafter referred to as "KENT and the CITY OF RENTON, a municipal corporation located at 211 Mill Ave. S., Renton, Washington 98055, hereafter referred to as "RENTON and the CITY OF TUKWILA, a municipal corporation located at Tukwila, Washington 98188, hereafter referred to as "TUKWILA In accordance with the Interlocal Cooperation Act, Chapter 39.34 RCW, and in consideration of the conditions herein, the parties agree as follows: 1. PURPOSE. The purpose of this Agreement is to allow the above referenced cities to provide for the joint purchase and use of ground ladder testing equipment. The four cities are among the fire agencies comprising VALLEY COM. Nationally recognized fire protection standards require fire departments to test and certify the safety of its ground ladders. The testing equipment is expensive and a joint purchase and use is an economic way to obtain the equipment. 2. TERM. This Agreement shall commence on January 1, 1990 and may be terminated without cause by any one of the cities by sixty (60) days written notice to the other cities. In the event that this Agreement is terminated by any one of the cities, the other cities may continue the Agreement to the extent that they may agree. If this Agreement is terminated by all of the cities, then the ground 1,2,2,23 4AL f{-6/-/- ladder testing equipment shall be sold and the sale proceeds shall be divided equally among the cities PROVIDED THAT, any of the cities who is a party to this Agreement may purchase the equipment. 3. PURCHASE OF EOUIPMENT. The CITY OF KENT shall be designated the coordinating agency for purposes of buying the ground ladder testing equipment. The total purchase price, including delivery charge and taxes equals FOUR THOUSAND TWO HUNDRED AND 00/100 DOLLARS ($4,200.00). Each City agrees to pay to the vendor a share of the cost equal to 25% of the total purchase price. 4. DESIGNATION AND USE OF EOUIPMENT. The ladder testing equipment will be marked with the acronym "KART standing for KENT, AUBURN, RENTON and TUKWILA. 4.1 KART USE: The ladder testing equipment will be assigned on a rotating basis to each KART fire department for a three month period or after use may be stored at the Kent Fire Department. Should a KART fire department need to conduct a test exclusive to their annual testing, arrangements will be made with the KART fire department in possession of the equipment. The cost of any accessory equipment that is approved by the parties to this agreement will be divided equally between the four KART fire departments. Upon receiving the equipment it will be each KART fire department's responsibility to ensure that all the equipment is present (an inventory and check off sheet is included) and in working condition. It will be the responsibility of each KART fire department to replace or repair equipment damaged or lost while the equipment is either in their possession or stored on their premises. 2 4.2 OUTSIDE AGENCY FIRE DEPARTMENT USE: If fire departments of agencies not a party to this agreement wish to use the KART test equipment, the following conditions must be met. 1. KART departments have priority use of testing equipment. 2. The outside agency fire department wishing to use the equipment must contact a KART department to set up a testing date. 3. The KART department contacted must call the other KART departments to see if there is a conflict with the proposed dates(s). 4. KART personnel experienced with the use of the KART equipment shall be present during the ladder testing to insure proper use of the equipment. The KART personnel shall not certify the safety of any ladders or assume any responsibility for damage done to ladders. 5. The outside agency fire department will pay any costs of hiring back any KART certified testers(s). 6. ALL testing will be done at one of the KART facilities. 5. NOTICES. All notices, requests, approvals, consents or other communications which may be required shall be given as follows: Bob Wigley City of Auburn 25 West Main Auburn, Washington 98001 Dale Robertson City of Kent 220 Fourth Ave. S. Kent, Washington 98032 3? 3 equipment, employees, individual agreement. Jim Matthew City of Renton 211 Mill Ave. S. Renton, Washington 98055 Loren McFarland City of Tukwila 444 Andover Park E. Tukwila, Washington 98188 6. INDEMNIFICATION. Each party to this Agreement shall defend, indemnify, and hold harmless the other against all liabilities, judgements, costs, damages, and expenses that may be charged to or recovered from any other party, for injuries to or deaths of persons or damages to property caused by any act or omission arising out of the use, possession, transportation or storage of the ground ladder testing equipment, or as a result of the operations of activities of any party to this Agreement l-ese e€ whether1f the same involvej' this including the acts of each party's agents, officials or except when caused by the sole negligence of an party or by the joint negligence of one or more parties to the Agreement, provided that prompt and timely notice of any claims made or suit instituted which in any way affects or might affect the other parties or their insurers, and any or all parties affected shall have the right to compromise and defend the same to the extent of their own individual interests. Nothing in this paragraph shall prevent any party to this agreement from instituting any private cause of action, including those for contribution and indemnity, against any one or more other parties to this 4 each party shall give all others 7. ENTIRE AGREEMENT. This Agreement represents the entire understanding between the parties. It supersedes any oral representations that are inconsistent with or modify its terms and conditions. 8. FILING OF AGREEMENT. A copy of this Agreement shall be filed with the City 4' Clerks of each City to this Agreement and with the King County Auditor, and the Secretary of State, pursuant to the requirements of RCW 39.34.040. DATED this 11` day of /LA, 1991. ATTEST: tiOdWiLa i/ Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Stephen R. Shelton, City Attorney 6 CITY OF AUBURN MA t O R ATTEST: Marie Jensen City"C1erk APPROVED AS TO FORM: Lubrich, City Attorney 7 ITY OF KENT DAN KELLEHER MAYOR ATTEST: APPROVED AS TO FORM: Marilyn J. Petersen, CMC City Clerk }arry Warren /`y4.ty Attorney /0-6,i -492_ 8 CITY OF RENTON EARL CLYMER MAYOR ATTEST: -..7 1 e E. Cantu, City Clerk APPROVED AS TO FORM' 0-1/' Ari Mike Kenyon, City(/Attorney 6016L -1OL J_ 9 CITY OF TUKWILA GARY DUSEN MAYOR