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Home My WebLink AboutCAG1983-0058 - Original - City of Auburn - Use of Vehicles & Equipment Agreement - 07/01/1983 FORM INTERLOCAL AGREEMENT FOR USE OF VEHICLES AND EQUIPMENT WHEREAS, Chapter 39.33 RCW, "Intergovernmental Disposition of Property" and Chapter 39.34 RCW, "Interlocal Cooperation Act" authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on the basis of mutual advantage, and thereby to provide services in a manner pursuant to forms of governmental- organization that will accord best with geographic , economic, population and other factors influencing the needs and development of local communities; and WHEREAS, the mutual use of equipment and vehicles by local government is in the best interest of efficient and economic operation of government; NOW THEREFORE, in consideration of the mutual covenants hereinafter contained, it is agreed between the parties hereto as follows: I. DEFINITIONS 1 .1 Parties. The parties to this agreement are the City of Kent and the City of AUBURN 1 .2 . Owner means the City owning the vehicle to be used, and further means the City' s elected officials, officers and employees. 1 .3 User means the City using the vehicle owned by the owner, and further means the City ' s agents, servants or concessionnaires. 1 .4 Vehicle means and includes equipment, and other mechanical devices as listed in Exhibit "A" . II. MUTUAL USE OF VEHICLES 2.1 City of Kent vehicles may be used by the City of AUBURN 2.2 City of AUBURN vehicles may be used by the City of Kent. III. PROCEDURE FOR AUTHORIZATION AND RATES 3.1 The heads of departments, or their authorized representatives, of the cities party to this agreement are authorized to allow the use of vehicles subject to their use and disposal as authorized herein. 3.2 The rates for use of vehicles shall be subject to the schedule reflected in Exhibit "A" which may be amended from time to time by the respective City. IV. HOLD HARMLESS AND INSURANCE 2.1 The user shall be responsible for and shall indemnify and hold the owner harmless against any loss, damage, or injury to person or property (including the vehicle) , judgment, liability and actions of any description resulting from: 2. 1 .1 The operation or maintenance of the vehicle; or 2.1 .2 Any act or omission of the user, its agents, servants or concessionnaires in the use of the vehicles; or 2. 1 .3 Any negligence by the user; or 2. 1 .4 Any cause, whether or not attributable to the design or maintenance of the vehicles, which could have been prevented or avoided by the ordinary di 1 egent and i careful maintenance and use thereof, and the user shall bear all costs in connection therewith. f 1 1 2.2 General Liability and Property Damage Insurance. 2.2.1 The parties shall maintain comprehensive general liability and property damage insurance in an amount not less than $ 5,000,000 for injuries, including accidential death to any one person, and subject to the same limit for each person in an amount not less than $54000,000 on account of one occurrence, and property damage insurance in the amount of not less than $5;p00,000 and the parties are required to provide contractural liability coverage under this comprehensive general liability policy requirement. - 2.2.2. The insurance required hereunder shall provide adequate protection for, the owner covering the obligation set forth in subsection 2.1 above and also against special hazards which may be encountered in the use of vehicles. 2.2.3 The parties shall furnish each other with certificates showing the type, amount, and effective dates of the policy or policies which are required by this section. 2.2.4 The owner shall be a named insured of the policy or policies required of the user. V. MAINTENANCE AND OWNERSHIP 5.1 Title to vehicles is retained by the owner. It is a condition of this agreement that the owner shall have the right to take and resume possession thereof in the event of failure of any of the following, which are express conditions to the user's right to continue in possession of vehicles, to wit: 5.1 .1 . The user will take the same care of vehicles as a reasonably prudent person would take of his own property; 5.1 .2. The user will keep vehicles in good repair and condition, subject only to such wear and tear as may not be kept down and remedied by good repair and maintenance; 5.1 .3. Where owner's property such as tools or equipment are left in the vehicles to be used , the user shall exercise reasonable care in the protection of property left in vehicles. 5.1 .4. If any vehicles are lost, taken, or destroyed , or rendered unfit for further use by extraordinary wear and tear or by fire, theft, wind storm, public disaster, act of God , or any casualty or cause whatsoever, the user will at its cost replace the vehicle with a similar vehicle or will pay an amount equivalent to the value of i the vehicle in questions; 5.1 .5. The user shall be responsible for the complete operation, maintenance and storage of the vehicles and may make any repairs or adjustment to the equipment as 2 - 4857-133A needed in accordance with generally accepted standards. The user shall not modify, add , or delete equipment or accessories without written consent of the owner. Parts and installation will be furnished by the OWNER as needed. 5.1 .6 The vehicles shall be operated only by qualified personnel of the user. If qualified personnel are 'not available, equipment shall not be used. 5.1 .7. That the vehicle shall be used exclusively in the service of the user and the user will not sell or dispose of any thereof. 5.1 .8. The user shall be entitled to 24 HOURS [notice time] •within which to comply with any such condition after receipt by it of written notice of non-compliance therewith; 5.2 The owner shall have the right to demand return of vehicles for the exclusive use of owner. The user shall be entitled to 24 HOURS [notice time] within which to comply with the owner' s demand for return; PROVIDED, however, that in an emergency the owner may demand immediate return of vehicles. VI. D41AGES FOR HOLDING OVER If at any time during a term of this agreement, the owner shall be deprived in whole or in part of the use of any vehicle as a result of the users 6.1 failure to return vehicles at an agreed time; 6.2 failure to comply with Section 5.1 ; 6.3 failure to comply with Section 5.2 the user shall pay all costs and expenses, including but not limited to labor and vehicle rental costs, of the owner resulting from the failure to return vehicles. VII. DURATION AND TERMINATION This agreement shall become effective JULY lst 1983 and shall remain in force until further notice Provided however this agreement may be terminated upon 30 days written notice filed with the Clerk of the city to whom notice of termination is given. i DATED THIS ,;�Z DAY of 198�5. DATED THIS 18th DAY of October, 1983 . i CITY OF KENT CITY OF AUBURN u t Isdbel K. gan, Mayo 0 oegner, Mayor s i ' - 3 - 4857-133A EXHIBIT "A" Equipment Rental rates will be the rates established by the respective City for computing the charge for use, and are subject to change without notice. CITY OF KENT CITY OF AUBURN Type Vehicle Identification Type Vehicle Identification Aerial Manlift-23 D23422 Aerial Manlift 6407 (6477) Air Compressor-101 D23295 Air Compressor 6471 Asphalt Roller-105 1052 Asphalt Roller 6432 Rex Pack Roller-106 DO1265 Small Asphalt Roller-107 4626 Sewer Rodder 6320* 350 Case Dozer-109 4969 Sewer Jet 6308` Angle Broom-110 DO1260 Underground TV 6301* Small Paint Mach-124 6147 2000 Gal Flusher 6408 Asplundh Chipper-135 D16395 544A J .D. Loader 6420 (2YD) Sludge Pump-146 7198 Miller Paver-151 091A Layton Paver 0459 Pavement Striper-153 D23935* Tilt Trailer 6463 JD Backhoe-156 4030 JD Backhoe 6424 EMERGENCY SITUATIONS ONLY Sander/5YD-91 D17156 Sander/5YD 6404 (6434) JD 570 Grader-111 D01260 JD 570 Grader 6423 Plus Operator BOB ROEGNER, MAYOR PUBLIC WORKS DEPARTMENT PAT NEVINS, PUBLIC WORKS DIRECTOR 25 WEST MAIN, AUBURN, WA 98002 (206) 931-3010 October 24, 1983 Don E. Wickstrom, P.E. Director of Public Works City of Kent 220 4th Ave. So. Kent, WA 98032 RE: Interlocal Agreement for Use of Vehicles & Equipment Dear Mr. Wickstrom: Enclosed is one copy of signed agreement authorizing Auburn's participation in the Interlocal Agreement for Use of Vehicles and Equipment with the City of Kent. Thank you for your cooperation in this matter. Sincerely, m Pat Nevins, P. E. Director of Public Works Enc. cITY OF KENT ENGINEERING DE cc: J. V. Lange L � �( ►�� PN/mb REF: AKENT.1