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HomeMy WebLinkAbout000897 Original Contract City of Port Angeles Record#000897 AGREEMENT between CLALLAM COUNTY FIRE DISTRICT#3 and CITY OF PORT ANGELES THIS AGREEMENT is made and entered into this V,day of Tx)(Cfflber, 2016 by and between the City of Port Angeles (hereinafter referred to as the "City") and Clallam County Fire District#3 (hereinafter referred to as the"District"). AUTHORITY: This Agreement is made under the authority conferred to the parties by Chapter 39.34 RCW and shall be recorded or posted as required. WHEREAS, the City and District have agreed to enable a reserve fire ladder truck from the District be made available to the City if the City fire ladder truck is to be out of commission for an extended period of time; WHEREAS, the City and District agree that enabling the City to have access to this reserve fire ladder truck will achieve greater efficiency and effectiveness in the provision of emergency services; and WHEREAS, the City and the District agree that the District will retain full responsibility for maintenance, repair and storage of the vehicle; and WHEREAS,the City will fully compensate the District for all costs incurred by use of the fire ladder truck by the City, to include fuel, maintenance, repair, qualified operator personnel and daily compensation per the State Mobilization Rate; and WHEREAS, the City will benefit from this agreement by making the vehicle available for use by the City in the event that the City fire ladder truck is out of commission for an extended period of time;and WHEREAS,the District will benefit from this agreement through a mutual aid agreement with the City to ensure that the City fire ladder truck will be made available for deployment to the District in the event that the District has an immediate need; and NOW, THEREFORE, THE CITY OF PORT ANGELES AND CLALLAM COUNTY FIRE DISTRICT #3 agree as follows: I. Purpose, The purpose of this agreement is to enable the City of Port Angeles to have access to a reserve fire ladder truck owned and operated by Clallam County Fire District 93, This fire ladder truck would normally be housed at the District shop located in Carlsborg. This agreement would enable the City to have access to the reserve fire ladder truck in the case that the City fire ladder truck is out of commission for an extended period of time. 2. Notice. The City shall provide the District with as much advance notice as is reasonably possible when the City fire ladder truck is out of service. 3. Operation. The District shall be responsible for the provision of a trained driver/operator for the vehicle in the event that the vehicle is needed by the City. 4. Maintenance. The District shall be responsible for all maintenance, repair and storage costs associated with the ownership of the fire ladder truck and agrees to keep it in a good working condition to serve as reserve apparatus. 5. Compensation. In the event that the City makes use of the reserve fire ladder truck, the City will fully compensate the District for fuel, maintenance, repair, qualified operator personnel and daily compensation per the State Mobilization Rate. 6. Priority of Use. In the event of the need for simultaneous use of the ladder truck arises, priority shall be given to emergency uses directly related to threats to life, safety and property. In the event of conflicting emergency uses the District shall have the sole discretion to determine the priority of use. 7. Insurance. Each party shall carry public liability insurance or participate in a self- insurance risk pool, in amounts and with companies satisfactory to the other party, insuring against any claims for personal injuries and third party property damage arising out of the use, control, operation, or maintenance of the ladder truck. Each Party shall furnish proof of such insurance to the other Party. 8. Liability. The District shall not be liable to the City for any liability arising from providing or refusing to provide the ladder truck when requested under this Agreement and the City hereby forever releases or discharges the District, its officers, officials, employees, volunteers and/or agents from any claim related to this Agreement or providing the ladder truck hereunder. 9. Termination. Either party may terminate this Agreement with 30 days advance written notice delivered to the other party. 10. Miscellaneous. a This Agreement does not establish a separate legal entity,joint board, or administrative section for the purpose of acquiring, managing, or disposing of property, or any other financial obligation allowed under the Act. b Unless the Parties otherwise agree, there shall be no lead agency responsible for the administration of this Agreement. This Agreement shall be administered jointly by the chief officers of the respective Parties. c This Agreement does not provide for jointly owned property. d This agreement is entered into for the benefit of the parties to this agreement only and shall confer no benefits, direct or implied, on any third persons, 'Neither this Agreement nor the performance or lack of performance of the District under this Agreement shall create or be construed as creating all exception to the Public Duty Doctrine. e This Agreement !shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference, or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall only be by filing suit exclusively Linder the venue, rules, and ,jurisdiction of the Clallain County Superior Court, Clallarn County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit arising from the parties' performance of this Agreement, each party shall pay all its own legal costs and attorneys' fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the parties' right to indemnification Linder this Agreement. f This Agreement shall not he assignable by the City without the express, written consent of the District. 11. Complete Agreement. This agreement is the full and complete understanding of the parties and there are no other agreements, either verbal or written, which would after the terms of this document. CITY OF POR'In'ANGELES CLALLAM COUNTY F,IRE DISTRICT 3, /KJIII� L By: By:. — B r Patrick Downie Ja e JB arm I`a .',hairperson Mayor .... Attest: G. Michael Ga ey, Com ssi ner By:__ � w � 4" e �re " enel4IL , City Clerk y: � .�............... Steven Chinn, Commissioner Appro ed,as to form: Attest: William E. B o�or den Andrews, District Secretary City Attorney