Loading...
HomeMy WebLinkAboutRes-2018-017 Interlocal KVFRBOARD 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. !/[) ( ! --0 f '7-- WHEREAS, RCW 39.34, the Interlocal 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 terms of the attached Interlocal 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, Washington adopts the Interlocal Agreement with the KVFR that is attached hereto. ADOPTED this l§t11 day of J=e.b • 20 18. ------ BOARD OF COUNTY COMMISSIONERS Kl AS CO TY, WASHINGTON L .................... ,.ia d acz, Chair ( ~df&~ ~ice-Chair P~~sioner INTERLOCALAGREEMENTBETWEEN KITIII'AS COUNIY AND KflTfl'.AS COUNIY FIRE DISTRICT#2 FOR VEIDCLE 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: 1FV6HJAA6XOA46662 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 permission 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. TERMINATfON Either party may terminate with or without cause this Agreement. Notice of termination must be provided in writing and delivered by regular mail to the contact person identified herein, provided that termination 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, WA 98926 Kittitas Valley Fire & Rescue John Sinclair, Chief PO Box 218 Ellensburg, WA 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, vandalism, theft or any other cause. The agreed upon value of the vehicle in the event of total loss is $ 40,000.00. 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 parties have mutually negotiated the waivers in this section 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 prov1s10n 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. SIGN A TURES The Parties 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 have executed this Agreement. Kittitas Valley Fire and Rescue Kittitas County Board of County Commissioner ' ~ C ommissioner ----- ·1 Today's Date 12/04/2017 Fund/Department 116-Public Health Kittitas County Review Form Grants & Contract Agreement Agenda Date Contract/Grant Information .. 4/0 ' Contract /Grant Agency: lnterlocal Agreement between Kittitas County and Kittitas County Fire District #2 (KVFR) for Vehicle use Period Begin Date: January 1, 2018 l 'j Period End Date: December 31, 2018 Total Grant/Contract Amount: $200.00 per month ($2400.00 annually) Grant/Contract Number: Contract/Grant Summary: The lnterlocal 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 Department Head Signature~ , Administrator Date: J-( 12:( (~ Kittitas County Prosecutor, Auditor, and Board of Health Review and Comment: APPROVED AS TO FORM~ /· Date 1 1/ v/1-:< 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 eq uipment? New Personnel being hired? Contact HR hiri ng -re po rti ng req u irements Future impacts or liability to Kittitas County: I Budget Information Budget Amendment Needed? Yes D attach budget form No • Why not New Division Created? Revenue Code 612 040 002 Pass Th rough Information Agency to Pass Through Amount to Pass Through $ Sub-Contract Approved Date : Prosecutor Review I Has the Prosecutor reviewed this ag r eement? J Yes • No D ' County Departments Impacted I 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