HomeMy WebLinkAboutNorth Mason Regional Fire Authority maintenance agreement - Interlocal Agreement INTERLOCAL AGREEMENT
BETWEEN MASON COUNTY AND NORTH MASON REGIONAL FIRE
AUTHORITY FOR EQUIPMENT OR VEHICLE REPAIRS,
MAINTENACE, UPFIT/RADIO; AND FUELING SERVICES
THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal
Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the WIn- day of
2017, by and between North Mason Regional Fire Authority
(hereinafter referr d to as CUSTOMER) and Mason County (hereinafter COUNTY) collectively
referred to as PARTIES.
WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative
efforts between public agencies, and
WHEREAS, the County maintains, services, and repairs vehicle and equipment at its
County Shop Facility located at 100 W Public Works Drive, Shelton WA; and
WHEREAS, the County provides gasoline and diesel fueling services for authorized
vehicles and equipment at a per gallon cost; and
WHEREAS, the County provides installation, repair, and maintenance of radio systems,
and provides vehicle upfit services for emergency response; and
WHEREAS, the County desires to contract with the CUSTOMER to provide such services.
NOW, THEREFORE, in consideration of the mutual benefits and covenants herein the
PARTIES agree as follows:
1. PURPOSE OF AGREEMENT: The purpose of this agreement is for Mason County to
provide repairs or maintenance of the CUSTOMER'S equipment or vehicles by COUNTY
mechanics at the Mason County Shop Facility or,in the field and fueling services.
2. ADMINISTRATION OF AGREEMENT: Each PARTY to this agreement shall have an
AGREEMENT representative. Each PARTY may change its representative upon providing
written notice to the other PARTIES. The PARTIES' representatives are as follows:
To Mason County: To Customer:
Dept. of Public Works North Mason Regional Fire Authority
100 W Public Works Drive PO Box 277
Shelton, WA 98584 Belfair, WA 98528
Attn: Jeremy Seymour Attn: Scott Cooper
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North Mason Regional Fire Authority-Interlocal Agreement No.17-004
Fleet Supervisor Assistant Fire Chief
Phone: (360) 427-9670, Ext. 387 or 386 Phone: (360) 275-671, Ext. 201
Fax: (360) 427-7783 Fax: (360) 275-6224
Email:jeremys@co.mason.wa.us Email: scooper cr,northmasonrfa.com
3. DURATION OF AGREEMENT: This agreement shall take effect upon execution of the
agreement by both County and CUSTOMER and shall remain in effect until December 31, 2026;
unless EITHER PARTY terminates by giving a ten days written notice to the OTHER PARTY.
4. WORK REQUESTS: The CUSTOMER will normally request work from the COUNTY
Fleet Supervisor, Jeremy Seymour. The request should be requested by an authorized
representative of the CUSTOMER by e-mail or fax. Phone or verbal requests must be followed
up with a written request. The COUNTY will only do work as authorized by the CUSTOMER.
Additional problems or repairs noted will be brought to the attention of CUSTOMER'S
representative for authorization or deferment until the next maintenance opportunity.
5. SCHEDULING: The COUNTY will normally schedule the work in discussion with the
CUSTOMER'S representative, giving due consideration to the immediacy of the CUSTOMER'S
need and workload of the COUNTY.
6.. COMPESATION: (A.) COUNTY will extend to the CUSTOMER the same shop rate
charged to other non-ER&R vehicles and equipment. Parts &materials are charged at actual
cost. The CUSTOMER may provide parts in advance that are anticipated to be needed during
maintenance. Maintenance or corrective repair that is required after normal shop hours will be
billed at overtime rates. Field repairs normally will include shop truck costs. (B) The COUNTY
shall invoice the CUSTOMER detailing time, parts and materials used by the COUNTY.
Payment is due upon receipt of invoice and payment shall be expected in thirty (30) days from
date of invoice. Invoices and payments are to be sent to the address and representative referred to
in section 2.
7. FUELING: The COUNTY will provide pin numbers to personnel designated by the
CUSTOMER and allow 24 hour access to the fuel facilities. Mason County will invoice the fuel
usage by North Mason Regional Fire Authority on a monthly basis; typically mailed out by the
15t1i of every month. Payment is requested within 30 days. The bill will indicate date, location,
product, quantity, cost and vehicle number. The COUNTY will charge the CUSTOMER the
same per gallon fuel costs as charged to Mason County vehicles and equipment. The price of
fuel is adjusted on a weekly basis.
8. HOLD HARMLESS AND INDEMNIFICATION: (A.) The CUSTOMER shall hold
harmless, indemnify and defend the COUNTY, its officers, officials, employees and agents, from
and against any and all claims, actions, suits, liability, loss, expenses, damages, and judgments of
any nature whatsoever, Including costs and attorney's fees in defense thereof, for injury,
sickness, disability or death to persons or damage to property or business, caused by or arising
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North Mason Regional Fire Authority-Interlocal Agreement No.17-004
out of the CUSTOMER'S acts, errors or omissions in the performance of this AGREEMENT.
PROVIDED HOWEVER, that the CUSTOMER'S obligation there under shall not extend to
injury, sickness, death or damage caused by or arising out if the sole negligence of the
COUNTY, its officers, officials, employees or agents.
PROVIDED FURTHER, that in the event of the concurrent negligence of the PARTIES, the
customer's obligations hereunder shall apply only to the percentage of fault attributable to the
customer, its employees or agents. (B.). With respect to the CUSTOMER'S obligations to hold
harmless, indemnify and defend provided for herein, but only as such obligations relate to
claims, actions or suits filed against the COUNTY, the CUSTOMER further agrees to waive its
immunity under the State Industrial Insurance Law, Title 51,RCW, for any injury or death
suffered by the CUSTOMER'S employee's caused by or arising out of the CUSTOMER'S acts,
errors or omissions in the performance of this AGREEMENT. This waiver has been mutually
negotiated by the PARTIES. (C.) The CUSTOMER'S obligations hereunder shall include, but
are not limited to, investigating, adjusting and defending all claims alleging loss from action,
error or omission or breech of any common law, statutory or other delegated duty by the
CUSTOMER, the customer's employees, agents or subcontractors.
9. ASSIGNMENT. DELEGATION. AND SUBCONTRACTING: The PARTIES shall
perform the terms of the AGREEMENT using only their bona fide employees or agents.
10. COMPLIANCE WITH LAWS: The PARTIES shall comply with all applicable federal,
state and local laws, rules and regulations in performing this AGREEMENT.
11. INSURANCE REQUIREMENT: Each party shall obtain and maintain liability coverage
in minimum liability limits of One Million Dollars ($1,000,000)per occurrence and Two Million
Dollars ($2,000,000) in the aggregate for general liability, errors and omissions, auto liability,
despite when the claim was made.
Each party to this Agreement agrees to provide the other with evidence of insurance coverage in
the form of a certificate from a solvent insurance provider confirming coverage from a solvent
insurance company or pool which is sufficient to address the insurance obligations set forth
above.
12. NON-DISCRIMINATION POLICY: The COUNTY and the CUSTOMER agree not to
discriminate in the performance of this Agreement because of race, color, national origin, sex,
sexual orientation, age, religion, creed, marital status, disabled or Vietnam era veteran status, or
the presence of any physical, mental sensory handicap, or other status protected by law.
13. FILING: This document shall be filed with the County Auditor pursuant to RCW 39.34
or, alternatively, listed by subject on the COUNTY'S website.
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North Mason Regional Fire Authority-Interlocal Agreement No.17-004
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and
year first above written.
DATED this t L4f-n , day of 0r , 2017.
BOARD OF COUNTY COMMISSIONERS MASON COUNTY
MASON COUNT , 'ASHINGTON NORTH MASON REGIONAL
FIRE AUTHORITY
KEVIN SHUTYY, Chair BY
Terri Jeffreys, ace air GNATURE
CGS r�
Randy Neatherlin, Commissioner TITLE
ATTEST:
M liss�rewry, C1- � of,the Board
APPROVED AS TO FORM:
Tim Whitehead, Ch. DPA
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North Mason Regional Fire Authority-Interlocal Agreement No.17-004