HomeMy WebLinkAboutRes-2018-017 InterlocalBOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION TO AUTHORIZE EXECUTION OF INTERLOCAL AGREEMENT
WITH KITTITAS COUNTY AND KITTITAS COUNTY FIRE DISTRICT #2 (KVFR)
FOR USE OF A VEHICLE
RESOLUTION No. 9V {! -0 rr
WHEREAS, RCW 39.34, the mterlocal Cooperation Act, provides the capability for
public agencies to cooperate by providing services, property, and facilities for mutual advantage;
and
WHEREAS, the Kittitas County Health Department has need of a vehicle for a syringe
program; and
WHEREAS, KVFR has an extra vehicle it is willing to lend under the tenns of the
attached mterlocal Agreement; and
WHEREAS , the Health Department has an exemplary driving record.
NOW THEREFORE, BE IT HEREBY RESOLVED that the Board of County
Commissioners of Kittitas County, Washi~gton adopts the mterlocal Agreement with the KVFR
that is attached hereto.
ADOPTED this Loth day of }:e ·b . 20 ~.
L . siadacz, Chair (
tt?/0~~
~Cba i r
P aul Jewell, C&ii:iiiiS sio ner
fflTERLOCAL AGREEMENT BETWEEN
KITTITAS COUNTY AND KITITTAS COUNTY FIRE DISTRICT #2 FOR VEmCLE USE
This agreement is made and entered into by Kittitas County Fire District #2, a political
subdivision of the State of Washington and doing business as Kittitas Valley Fire & Rescue
(hereinafter "Owner"), and Kittitas County, a municipal corporation of the State of Washington,
through the Kittitas County Public Health Department (hereinafter the "County").
WHEREAS, Chapter 39.34 of the Revised Code of Washington (RCW), the Interlocal
Cooperation Act, allows governmental agencies to enter into agreements that provide for
the efficient use of their powers and to cooperate with each other in providing services; and
WHEREAS, the County Health Department needs logistical support for the syringe
exchange program; and
WHEREAS, KVFR has an available vehicle that is suitable for mobile syringe exchange
support; and
WHEREAS, the County and KVFR find it desirable and in each other's best interest to
enter into this agreement;
NOW, THEREFORE, The County and KVFR agree as follows :
1. PURPOSE
The purpose of this Agreement is to authorize the County to utilize KVFR's "Command
Vehicle" to provide logistical support for the syringe exchange program and related services.
2. VEIDCLE USE AGREEMENT
The Owner agrees to allow the County use of KVFR's Command Unit, described below, for a
period of one (1) year, beginning on October 2,2017 and ending on September 28,2018, within
the boundaries of the State of Washington:
Model Year: 1999 Make: Freightliner Model: F70
VIN: IFV6HJAA6XOA46662
Mileage at beginning of Agency's possession: _____ _
The Owner represents that to the best of his knowledge and belief that said vehicle is in sound
and safe condition and free of any known faults or defects which would affect its safe operation
under normal use.
The County agrees:
a) That the vehicle shall not be used to carry passengers or property for hire;
b) That the vehicle shall not be used to carry passengers other than in the interior or cab of the
vehicle;
c) That the vehicle shall not be used to carry passengers in excess of the capacity thereof;
d) Not to use the vehicle to push, propel or tow another vehicle, trailer or any other thing
without the written pennission of the owner;
e) Not to use the vehicle for any race or competition;
f) Not to use the vehicle for any illegal purpose;
g) Not to operate the vehicle in a negligent manner;
h) Not to permit the vehicle to be operated by any person not an employee of the County
without the written permission of the owner; and
i) Not to carry passengers, property or materials in excess of the rated weight carrying capacity
of the vehicle.
j) During County use, KVFR logos will be completely covered by Kittitas County Public
Health logos that are removable.
k) To allow only qualified and competent drivers to operate the vehicle.
1) To provide insurance coverage while the vehicle is being used by the County
m) To return the vehicle temporarily during the period of this agreement in the event that KVFR
should request return in order to respond to an emergency.
n) The Command Unit will be cleaned and all bio waste will be disposed of prior to returning
the vehicle to KVFR.
3. RENEWAL
This Agreement is renewable as agreed to by the County and KVFR in writing by amendment of
this Agreement.
4. TERMINATION
This Agreement may be tenninated with or without cause by either party. Notice of termination
must be provided in writing and delivered by regular mail to the contact person identified herein,
provided that tennination shall become effective thirty (30) calendar days after receipt of such
notice. Notice will be presumed received three (3) working days after the notice is posted in the
mail.
5. CONTACT INFORMATION
All notices, reports, and correspondence to the respective parties of this Agreement shall be sent
to the following:
For the County:
For Owner:
Kittitas County Public Health Department
Robin Read, Administrator
507 N Nanum St Suite 102
Ellensburg, W A 98926
Kittitas Valley Fire & Rescue
John Sinclair, Chief
PO Box 218
Ellensburg, W A 98926
6. PAYMENT AND BILLING
The County hereby agrees that they shall fully compensate the Owner for any and all loss of, or
damage to, the vehicle or equipment during the term of this Agreement whether caused by
collision, fire, flood, val1.dL\1) m ~c ft or any other cause. The agreed upon value of the vehicle in
the event of total loss is $ I Dw . ti) .
All fuel used shall be paid for by the County, as well as maintenance costs necessitated by
normal use of the vehicle. The County shall pay the Owner $200.00 per month for the use of the
vehicle.
7. FORCE MAJEURE
Neither party will be liable to the other for any failure or delay in performance under this
Agreement due to circumstances beyond its reasonable control, including acts of nature, acts of
war, accident, labor disruption, acts, omissions or defaults of third parties, and official,
governmental or judicial action not the fault of the party failing or delaying in performance.
8. HOLD HARMLESS AND INDEMNIFICATION
Except as noted in Section 6, each Party shall hold harmless and indemnify the other Party
and its directors, officers, employees, agents and representatives against any and all loss,
liability, damage, or expense, including any direct, indirect or consequential loss, liability,
damage, or expense, but not including attorneys' fees unless awarded by a court of
competent jurisdiction, for injury or death to persons, including employees of either Party,
and damage to property, including property of either Party, arising out of or in connection
with intentional, willful, wanton, reckless or negligent conduct. However, neither Party
shall be indemnified hereunder for any loss, liability, damage, or expense resulting from its
sole negligence or willful misconduct.
The waivers in this section have been mutually negotiated by the parties and this entire section
shall survive the expiration or termination of this Agreement.
9. COMPLIANCE WITH LAWS AND EXISTING CONTRACTS
Each party accepts the responsibility for compliance with federal, state, or local laws and
regulations. In addition, each party warrants that entering into this Agreement and the
rights, duties, and obligations provided for herein do not breach or derogate from any
contractual obligations that currently exist or may exist in the future.
10. FILING
Executed copies of the Agreement shall be filed or posted online as required by RCW
39.34.040.
11. ENTIRE AGREEMENT
The written provisions and terms of this Agreement supersede all prior written and verbal
agreements and/or statements by any representative of the parties, and those statements
shall not be construed as forming a part of or altering in any manner this Agreement. This
Agreement shall contain the entire Agreement between the parties.
12. DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a majority
vote of a three-member Dispute Resolution Board comprised of one representative chosen
by each of the parties hereto and a third chosen by the two selected by the parties. If said
determination is not acceptable to the parties, the parties are entitled to utilize whatever
remedies to which they may be entitled at law or in equity.
13. GOVERNING LAW
The parties hereto agree that, except where expressly otherwise provided, the laws and
administrative rules and regulations of the State of Washington shall govern in any matter
relating to this Agreement. Venue for any action brought to interpret or enforce any
proVIsiOn within this Agreement shall be the Superior Court of Kittitas County,
Washington.
14. SEVERABILITY
Should any provision of this Agreement be determined to be unenforceable by a court of law,
such provision shall be severed from the remainder of the Agreement, and such action shall not
affect the enforceability of the remaining provisions herein.
15. SIGNATURES
The Pmiies executing this Agreement below hereby certify they have the authority to sign this
Agreement on behalf of their respective Parties and that the Parties agree to the terms and
conditions of this Agreement as shown by the signatures below:
IN WITNESS WHEREOF, the parties hereto hereby execute this
Agreement on the dates indicated below: Y.t0 ~ \ 1..D\ 0
Today's Date
12/04/2017
Fund/Department
116-Public Health
Kittitas County
Review Form
Grants & Contract Agreement
Agenda Date
Contract/Grant Information
Contract /Grant Agency: Interlocal Agreement between Kittitas County and Kittitas County Fire District
#2 (KVFR) for Vehicle use
Period Begin Date: January 1, 2018 I I Period End Date: December 31, 2018
Total Grant/Contract Amount: $200.00 per month ($2400.00 annuall y)
-Gran t/Contract Number:
Contract/Grant Summary:
The Interlocal Agreement between Kittitas County and Kittitas County Fire District #2 to allow the county
to utilize KVFR's "Command Vehicle" to provide logistical support for the syringe exchange program and
related services.
Recommendation for Board of Health and Board of Health Review on
~p tJ;) Department Head Signature ~ ~ ~ , Administrator Date: ~( l21 \15
Kittitas County Prosecutor, Auditor, and Board of Health Review and Comment:
APP ROVED AS TO FORM :
j .
Date
J '/l/!f£'
Date
Signature of Board of Health member Date
Financial Information
Total Amount $2400.00 State Funds $ Federal Funds $
Percentage County Funds Matching Funds $ CFDA#
In -Kind $
Explain
Grant/Contract Review Page 1
Is Equipment being purchased? Who owns equipment?
New Personnel being hired? Contact HR hiring -reporting requirements
Future impacts or liability to Kittitas County:
Budget Information
Budget Amendment Needed? Yes D attach budget form NoO Why not
New Division Created?
Revenue Code 612 040002 .
Pass Through Information
Agency to Pass Through
Amount to Pass Through $
Sub-Contract Approved Date:
Prosecutor Review
I Has the Prosecutor reviewed this agreement? I Yes D No D
County Departments Impacted
Auditor Facilities Maintenance
Information Services Human Resource
Prosecutor Treasurer
Submitted I Signature:
Department :
I Date:
Assignment of Tracking Information
Auditor's Office
Human Resource
Prosecutor's Office
Who Signed the grant application
I Reviewer I Date
Grant/Contract Review Page 2