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Home My WebLink AboutIL226 Interlocal Agreement 2015 SCBA GRANT INTERLOCAL This Self Contained Breathing Apparatus ("SCBA) Grant Interlocal ("Agreement") is entered into this' day of AOri 1 , 2016 between Skagit County Fire Protection District#11, Skagit County Fire Protection District#17 ("DISTRICTS"),Town of La Conner ("Town"), and the City of Anacortes ("CITY"). RECITALS Whereas,the Districts,Town, and City need to replace outdated and outmoded Self Contained Breathing Apparatus; and Whereas,the Districts,Town, and City will gain mutual benefit by qualifying to apply as a regional partnership; and Whereas,the Districts,Town, and City will better serve their citizens and the safety of our mutual aid partners by purchasing compatible Self Contained Breathing Apparatus; now Therefore,the Districts,Town, and City hereby agree to the following terms,the sufficiency of which consideration is hereby acknowledged. Agreement: This Agreement is entered into by the City and Town under the authority granted by section 35A.11.040 RCW,the Districts under the authority granted by section 52 12.031 RCW, and in conformity with chapter 39.34 RCW, the Interlocal Cooperation Act. 1. Application. The Districts, City, and Town agree to make application for a regional Self Contained Breathing Apparatus grant through the 2015 Assistance to Firefighters Grant program administered by the Federal Emergency Management Agency ("FEMA"). The parties affirm that they have received and reviewed all grant documentation, including but not limited to the application and a copy of all assurances, certifications, and acknowledgments required under Federal Law, and that each agency hereby acknowledges and assumes responsibility for compliance with all grant application requirements. 2. City Responsibilities. The City agrees to serve as the host applicant for the regional applicants. The City shall do the following: a. Provide copies of assurances, certifications, and acknowledgments required under Federal Law to each participant as attached (Appendix A). b. Complete grant application and provide sign-off for all agencies. Prepare documents for purchasing and bidding requirements. c. Manage purchasing,invoicing,receipt and inspection of grant equipment and make requests for reimbursements. d. Complete grant status reports as required by FEMA. Keep records of grant administration process. Participate in audits required by FEMA and the State of Washington. 3. Responsibilities of all Parties. The Districts,Town, and City agree that, as regional partners in the project, each Party shall do the following: a. Provide accurate data in the completion of grant application. b. Participate in meetings required for the efficient administration of the grant. c. Maintain individual records and participate in inventory intervals required by FEMA. d. If awarded the grant, each party agrees to pay 10%share of the specific items each agency requested in the application. Each party agrees to be responsible for ongoing maintenance, repair, maintenance,and liability in the use of each agency's equipment. e. All parties agree to the financial obligation under the grant request as outlined in Table 1. The table allocates the number of SCBA's,spare bottles, RIT Packs,Cascade Systems, and their proportional share of the Air Refill Station. (Exception: The Town of La Conner has an agreement with Fire District#2 for air refill services and will not need to participate in the costs of the regional air refill compressor.) 2015 SCBA GRANT FD#17 La Conner Cost per #of Agency Total #of Agency Total Unit Units Units SCBA&2 Cyl+ $8,128 15 $121,920 13 $105,664 1 Masks RIT Pack $5,035 2 $10,070 1 $5,035 Cascade System $25,355 1 $25,355 1 $25,355 Air RefilI $45,635 18% $8,149.11 0 $0.00 Total $84,153 $165,494 $136,054 Agency 10% Share $16,549 $13,605 FD#11 City of Anacortes Cost per #of #of Unit Units Agency Total Units Agency Total TOTALS SCBA&2 Cyl+ 1 Masks $8,128 32 $260,096 37 $300,736 $788,416 RIT Pack $5,035 2 $10,070 4 $20,140 $45,315 Cascade System $25,355 1 $25,355 1 $25,355 $101,420 Air Refill $45,635 38% $17,384.76 44% $20,101.13 $45,635 Total $84,153 $312,906 $366,332 $980,786 Agency 10% $31,291 $36,633 $98,079 Share f. If awarded the grant for any jointly owned equipment,all parties agree to be legally and financially responsible for costs of ongoing maintenance, repair, upgrades,and liability for said equipment i. If any party for any reason becomes unable or unwilling to continue to pay any costs associated with ongoing maintenance, repair, upgrades, or costs associated with any jointly owned equipment, that agency will forfeit any present or future interest in the equipment, including the right to use the equipment. ii. Any party wishing to relinquish their interest in jointly owned equipment shall notify the other parties in writing. After receipt of said notice, the remaining parties will provide a letter terminating the relinquishing party's interest in the equipment and clarifying the ownership interests of the remaining parties. iii. If a party fails to pay their share of any costs associated with jointly owned equipment but does not provide notice, the other parties shall provide a letter indicating their intent to terminate the defaulting party's right to use the equipment. If, after 30 days from the date of the letter,the defaulting party has not cured the default by paying any amounts owed,the remaining parties shall send a letter terminating the defaulting party's interest in the jointly owned equipment. 4. Term: This Agreement shall be effective on the date of mutual execution and shall continue until terminated. 5. Termination: Either party may terminate this Agreement with thirty (30) days advance written notice. 6. Indemnification/Hold Harmless: The City agrees to indemnify and hold harmless the Districts and Town, their officers, agents, and employees from and against any claims, losses, actions,or judgments for damages or injury to persons or property arising out of or in connection with the City's sole negligence in acting as the host applicant. a. The City does NOT assume any liabilities that occur or arise in any way out for the use or failure to properly use, maintain or repair equipment that may arise by the Districts or Town. b. The City does NOT assume liability for the Districts or Town failure to comply with the assurances, certifications, and acknowledgments. c. With respect to any jointly owned equipment, each party hereby agrees to indemnify,defend,and hold harmless the other agencies,their officers,agents,and employees from and against any claims, losses, actions, or judgments for damages or injury to persons or property arising out of or in connection with that party's use or failure to properly use, maintain,or repair equipment. 7. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES EACH PARTY'S WAIVER OF IMMUNITY UNDER THE INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY TO CARRY OUT THE PURPOSES OF THIS INDEMNIFICATION CLAUSE. EACH PARTY FURTHER ACKNOWLEDGES THAT IT HAS MUTUALLY NEGOTIATED THIS WAIVER. 8. Insurance: Each party shall procure and maintain comprehensive general liability policy covering all claims for personal injury(including death) and/or property arising out of the parties' performance of their obligations under this Agreement by their elected officials, officers, employees, and agents. a. The limit of liability should not be less than one million ($1,000,000.00) dollars for each occurrence and two million ($ 2,000,000.00) dollars aggregate. b. Participation in a self-insured governmental risk pool will satisfy the insurance requirements herein. Proof of the insurance coverage shall be available to the parties upon request. 9. Assignment: No Party may assign their rights under this Agreement without the prior written consent of all other Parties. 10. Entire Agreement/Modification: This Agreement represents the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations or discussions with respect thereto. This Agreement may be amended or modified by written instrument signed by the parties. 11. Notice: All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of this Agreement, unless notified to the contrary. Any written notice hereunder shall become effective upon personal service or three (3) business days after the date of mailing by first class or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. 12. Authorization: Each party does hereby represent and warrant to the other that it is duly authorized to enter into and to carry out the terms of this Agreement. The parties hereby execute this Agreement as of the day and year first set forth above. SKAGIT COUNTY FD DISTRICT NO. 11 CITY OF ANACORTES By: Byileild(ldi---- Print Name: Print Name: 1444-avd Title: Title: 97747 DATE: DATE: 51- Y - l fr • SKAGIT COUNTY FD DISTRICT NO. 17 TOWN OF LA CONNER By: By: Print Name: Print Name: Title: Title: DATE: DATE: The parties hereby execute this Agreement as of the day and year first set forth above. SKAGIT COUNTY FD DISTRICT NO. 11 Print Name: we 1 n s Titlea H - // 4/5/Yli5r/ // ' - DATE: /G� The parties hereby execute this Agreement as of the day and year first set forth above. TOWN OF LA CONNER l By. / ' Print Name: k"lb P !`7'a yrJ Title: /1/i d y bit DATE: 1 • Zi• It The parties hereby execute this Agreement as of the day and year first set forth above. SKAGIT COUNTY FD DISTRICT NO. 17 Byd Print Name: P.-: C—sU•.1.c Title: Cau-t,.r-<<SS a-� DATE: a-1-1 a