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Home My WebLink AboutCAG1990-0056 - Original - Multi City - Joint Purchase and Use of Ground Ladder Testing Equipment - 01/01/1990 CAG-91-010 y s , 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. J S. , Renton, Washington 98055, hereafter referred to as "RENTON", d the CIE Y OF TUKWILA, a municipal corporation located at illy . . , 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 I J L 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. PURCHASAOF EQUIPMENT. 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 QF EQUIPMENT. 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 7 e z 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 3 041."Cp-�7 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�� r� , 11_ party to this Agreement the same involve5this �i,h/V7k4w— equipment, including the acts of each party's agents, officials or *VS— employees, except when caused by the sole negligence of an individual party or by the joint negligence of one or more parties to the Agreement, provided that each party shall give all others 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 4110 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 agreement. 4 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. a. FILING OF AGREEMENT. 4W A copy of this Agreement shall be filed with the City " Clerks of each Cityto this Agreement and with the Kin Count g g Y Auditor, and the Secretary of State, pursuant to the requirements of RCW 39.34.040. DATED this eltrlday of Se ember 1991. 5 CITY OF AUBURN ljtI24 M A Y O R ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Stephen R. Shelton, City Attorney 6 7 � s CITY OF KENT \1 KELLEHER MAYOR ATTEST: Marie Je , City Clerk APPROVED AS TO FORM: i o r Lub vich, Cit 7 &,,c�37 CITY OF RENTON EAR LY R MAYOR ATTEST: Marilyn J etersen, CMC City Clerk AIR AS TO FORM: � d rry`war $ity Attorney 8 a S CITY OF TUKWILA G VA DUSEN MAYOR ATTEST: e E. Cantu, City Clerk APPROVED AS TO FORMPRO 2 T'X' Mike Kenyon, City Attorney 6016L—IOL 9 X?j � a CITY OF AUBURN CENTENNIAL 1891 - 1991 Mayor Bob Roegner • 25 West Main Street Auburn,Washington 98001-4998 October 10, 1991 Mr. Ralph Munro Secretary of State Legislative Building, Mail Stop AS-22 Olympia, WA 98504-9000 King County Auditor's Office King County Administration Building 500 4th Avenue Seattle, WA 98104 ✓Ms. Brenda Jacober, Deputy City Clerk City of Kent 220 Fourth Avenue South Kent, WA 98032 Ms. Marilyn J. Petersen, City Clerk City of Renton 211 Mill Avenue South Renton, WA 98055 Ms. Jane Cantu, City Clerk City of Tukwila 444 Andover Park East Tukwila, WA 98188 Dear Ms. Jacober: The Auburn City Council adopted Resolution No. 2237 authorizing and approving an interlocal agreement between the City of Auburn and the Cities of Kent, Renton, and Tukwila for the joint purchase and use of ground ladder testing equipment. Approval of this agreement allows the four cities to economically test and certify the safety of its ground ladders according to nationally recognized standards. t October 10, 1991 Page 2 Since Auburn is the last City to enter into this agreement, I am finalizing the provisions of the agreement that require a fully executed original Interlocal Agreement for Joint Purchase and Use of Ground Ladder Testing Equipment be filed with the City Clerks of each City to this Agreement, and copies of the Agreement be filed with the King County Auditor, and the Secretary of State. Please find the respective agreement enclosed as required. Additionally, a copy of this letter is being sent to those individuals as stated in the agreement. If you require further information from me, please give me a call at 931-3039. Sincerely, / A Robin Wohlhueter City Clerk cc: Dale Robertson, City of Kent Jim Matthew, City of Renton Loren McFarland, City of Tukwila Bob Wigley, City of Auburn Bob Johnson, City of Auburn Pat Dugan, City of Auburn Stephen Shelton, City of Auburn File: 02 .8, F4 . 6 f: \clerk\records\RES2237