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Interlocal Agreement for Reciprocal Equipment Usee I/109119 REcEivED ew- JUN 519An cam+ RECIPROCAL EQUIPMENT USE AGREEMENT Dir. Of Public Works AGREEMENT between the CITY OF LYNNWOOD, the CITY OF EDMONDS, the CITY OF MOUNTLAKE TERRACE, the CITY OF BRIER, the ALDERWOOD WATER DISTRICT, the OLYMPIC VIEW WATER DISTRICT, the EDMONDS SCHOOL DISTRICT and the TOWN OF WOODWAY, each being a public agency. WHEREAS, the undersigned, acting through their respective appropriate legislative bodies, and in accordance with RCW Chapters 35A.35 and 39.34, have each individually determined that it is in the best interests and to its advantage to jointly share and utilize equipment owned and operated by each separately, and WHEREAS, each agency has determined that more economical use of its equipment may be realized through joint sharing and operation, and WHEREAS, each agency has determined that substantial economic savings may be realized through joint operation of agency equipment, IT IS MUTUALLY AGREED AS FOLLOWS: (1) INTENT OF AGREEMENT AND PRIORITY OF USE. Each of the undersigned hereby agrees that it will make available for use, upon request of another of the participants, equipment owned by itself upon the terms and conditions described herein. However, the owning agency shall continue RICEIVIED -1- JAN 241980 Dir. Of Public Wnrks to have first right of use of the equipment; this right shall not be abridged under any circumstances whether or not the particular unit is out for another agency's use at any particular time. It is the intent of this Agreement to provide for the reciprocal use of equipment among the undersigned parties at reasonable costs for the express purpose of more effectively and more efficiently making use of existing equipment. This Agreement shall encompass both existing equipment and equipment that may be purchased in the future. Each party shall itself determine what equipment it shall make available for the use by another. Each agency agrees to provide to the other agency -parties, listings of equipment that it will make available under this Agreement. The listings shall indicate the rates for the use of such equip- ment and should be kept current. (2) EQUIPMENT RATES. Each public agency shall determine itself the hourly rate of charge for equipment made available by it for use of another agency. When the owning agency furnishes with its equipment, an operator sufficiently skilled to operate that equipment, a flat labor rate for normal working hours shall be charged for such services. When overtime is required labor will be paid at the rate computed by the furnishing agency. (3) CONDITIONS OF AGREEMENT. The hourly rate of charge for use of equipment shall commence when such equipment -2- leaves the owning agency's site of storage and shall terminate upon the return of equipment to that site. This schedule shall apply whether the equipment is picked up by the using agency or whether the owning agency delivers such equipment to the using agency. If no fixed site of storage exists then the use rate shall commence upon the removal from the owning agency's control and terminate upon the return to the owning agency's control. (4) CONDITIONS FOR REQUEST OF EQUIPMENT. Each party seeking the use of another party's equipment shall give that owning agency as much advance notice of its intention to request equipment as is practical. This notice need not be in writing. It is anticipated that each of the undersigned shall request equipment in the interest of fostering the most effective use of the equipment. However, in emergency situations, needed equipment shall be made available to the requesting party by the owning agency as soon as is practicable. It shall be the sole determination of the owning agency as to whether such equipment is furnished with a skilled operator. (5) EQUIPMENT REQUEST TERMS. Each party shall, on forms provided, sign in certification of the condition of the equipment upon its rental. The condition may be noted as excellent, good, fair, or poor; any damaged condition shall be noted. Upon the return of the equipment to the owning agency, each party shall again sign as to the condition - 3- upon return. The form shall specify the time out and the time in of the equipment let for use, the use rate as deter- mined by the owning agency, and the approximate anticipated term of the arrangement. When the using agency furnishes its own operator for the, equipment it shall only furnish an operator who is properly qualified to operate the equipment. (6) PARTIES TO CONTACT FOR EQUIPMENT REQUESTS. Each agency shall furnish to all other agency -parties, a listing of names and telephone numbers of person to be, contacted when equipment is being requested. A separate listing shall be provided, if needed, for contacting persons during non -normal working hours. (7) BILLING. Each public agency shall at its own convenience, bill other public agency -parties for equipment utilized in pursuance to this Agreement. But in no event shall billing be made less than quarterly during a calendar year for equipment,so used during that term. (8) INSURANCE. (a) PHYSICAL DAMAGE. It shall be the responsi- bility of each agency to purchase and maintain physical damage insurance for equipment it owns at policy amounts it shall deem sufficient. If such coverage extis.ts, it shall prevail wherever the unit is being used, and any physical damage claim for repair or replacement shall be the burden of the owning agency and its insurer. In the event insurance is in existence to cover all or a portion of the loaner -4- referred to in this section there shall be no right of subrogation and each agency shall, on behalf of its insurance carrier, waive such subrogation_ rights. (b) LIABILITY INSURANCE. (1) When equipment is furnished with an operator, the operator shall be deemed to be a "loaned" or "borrowed" servant, with respect to any third party claims for personal injury or property damage arising out of the operator's acts or omissions. The using agency shall indemnify, defend and hold the owning agency harmless from any such claims. (2) In the cases where the using (rentee) agency provides an operator, said using (rentee) agency shall be responsible for any third party liability incurred in the use and operation of the rented equipment. (3) Each of the undersigned parties hereby agrees that it shall purchase and maintain public liability policies with adequate limits as determined by each public agency through its respective legislative body. Further, each party agrees that it shall be responsible for maintaining medical insurance for its operator if furnished with such equipment. (9) DURATION. It is mutually agreed that this Agreement shall continue in effect until such time as it may be revised, modified or terminated in the following manner. This Agreement shall be subject to revision, modification or -5- termination by'any of the undersigned upon 30 days written notice to all parties. A termination notice shall be sent by certified or registered, receipt returned mail, to each contracting party. Such termination notice shall be accompanied with a statement of final accounting to each of the agency - parties. This accounting should reflect past due and owing renTal payments as to the withdrawing party in relation to all other parties to this Agreement. It is agreed further that should one agency withdraw, this contract shall be terminated only as to that withdrawing party. (10) ADMINISTRATION OF AGREEMENT. The Public Works Director or other official designated by the admini- strative head of each member agency shall administer the provisions of this Agreement between each respective owning and renting agency. It is the contemplation of the parties that due to the nature of this Agreement, the interaction between an owning and a renting agency does not involve nor require the administration of other members to this Agreement nor the creation or further designation of an administrator or joint board other than contained in this section. (11) EFFECTIVE DATE OF AGREEMENT. This Agreement shall be effective as of January 1, 1979. IN WITNESS WHEREOF the parties have, through their d duly authorized representatives, executed this Agreement on dates indicated below. CITY OF LYNNWOOD BY ' e rMAYo ATTEST: , �I CITY CLERK DATE: CITY OF EDMONDS BY ' MAYOR ATTEST: ALn�&� CI�CLER DATE: -:1- d EDMONDS SCHOOL DISTRICT BY SUPERINTENDE ATTEST: DATE: 3 -20 - Ero OLYMPIC VIEW WATER DISTRICT BY, P. IDENT, ARD 4 _ C SSIONER ATTEST:�tl' ' 5, SE IIETARY-, BOARD OF 0'O M MII SIONERS DATE CYICITY OO L TERRA OBMAR J ATTEST : CITY CLERK DATE: - CITY " BRIER BY MAYOR l ATTEST : CITY ea K' DATE: g--- Z ALDERWOODDWWAATTER DISTRICT BY ,0 [/Ca �. I DATE: 3 - l 9- up 0 TOWN OF WOODWAY BY MAY R ATTEST: CITY CL DATE: 11-4— . 9t-1) -7-