Interlocal Agreement for Loanable Police EquipmentINTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT made and entered into the day and
year written below, by and between the CITY OF MOUNTLAKE TERRACE,
hereinafter referred to as "Mountlake Terrace", the CITY OF
LYNNWOOD, hereinafter referred to as "Lynnwood", the CITY OF
EDMONDS, hereinafter referred to as "Edmonds", and the CITY OF
BRIER, hereinafter referred to as "Brier".
W I T N E S S E T H:
WHEREAS, each of the parties hereto are authorized to
purchase, operate and maintain certain resources used in their
respective Police Department operations; and
WHEREAS, due to lack of certain resources a combined effort
with regard to access to resources owned by the parties hereto
would be beneficial to the public interest; and
WHEREAS, each of said parties has agreed to loan their
respective resources to each other for this purpose so long as
each and every individual entity does not incur any additional
legal responsibilities over and above any responsibilities
presently required by law;
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, Mountlake Terrace, Lynnwood, Edmonds
and Brier do stipulate and agree as follows:
1. Description of Loanable Resources. The parties by their
respective police chief shall establish a schedule of
tangible personal property subject to this Agreement. The
schedules may include but are not limited to equipment and.
materials created or intended for the use of the police
departments of the parties in limited or emergency
situations. This Agreement is not intended to service as a
joint purchase agreement nor is it intended to provide for
the normal, everyday sharing of the basic supplies necessary
to police work.
A. Each party shall establish its respective schedule and
provide such schedules to each of the other parties.
The schedules may be amended from time to time at the
sole discretion of the cities.
B. If at any time, a majority of the parties determine
that any other party is failing to supply a reciprocal
schedule of supplies comparable to that provided by the
other parties, they shall notify the deficient party.
That party shall provide a corrected schedule to the
notifying party within ten (10) business days of the
date written notification is Mailed or forfeit its
rights under this Agreement.
2. Nature of Obligation. The nature of the obligation created
by this Agreement shall be for each city to make available
the equipment and material specified on the schedules.
Provided, however, that the provision of services, both
routine and emergency, to the citizens of each respective
party shall take precedence over any right and obligation of
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the parties. No liability of any kind or nature shall arise
from or out of a failure to provide any equipment or
material hereunder.
3. Length of Loan. Each separate loan of a resource shall be
evidenced by the execution of a request for loan to be known
as a loan slip and shall be for a stated number of days to
be agreed upon by the parties involved in the loan. The
loan slip shall provide such information as the identity of
the borrowing party; a description of the loaned
resource(s); the serial number of the resource(s) if
applicable, and the date of return. The original slip shall
be retained by the loaning party and a copy of the slip
shall accompany the loan resource(s).
4. Term. The term of this Agreement shall be from year to year
commencing —January I 1986 XMX for consecutive one (1 )
year terms unless terminated as provided herein.
5. Damage to Loaned Resources. Any resource which is loaned to
a said party must be returned undamaged with exception of
reasonable, expected wear and tear. Any loaned resource
which is damaged beyond normal wear and tear shall be
repaired or replaced, depending upon the extent of damage,
by the party having possession of the resource at the time
the damage occurred.
Repair or replacement shall occur within ten (10) days of
the discovery of damage. The loaning party shall approve
and accept all repair. In the event of dispute, the
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contract party who is not a part of the transaction shall,
through its police chief, arbitrate the dispute.
6. Replacement of Consumable Resources. Any consumable
resource, such as tear gas, shall be replaced by the
consuming party. All replacement shall be of the same
quantity, quality and type as the consumed resource. In the
event that a substitute material is tendered, the police
chief of the lending party shall be the sole judge of its
suitability and may accept or reject the replacement which
shall be of comparable value. In the event of rejection,
the tendering party shall have the absolute obligation to
pay the actual replacement cost incurred by the lending
party.
7. Promise to Indemnify. Defend and Hold Harmless. Each of the
said parties shall indemnify and hold harmless one another,
including their agents, employees and officers from any
claim or loss of any kind or nature whatsoever arising from
or out of this Agreement; provided, that no party shall be
required to indemnify or hold harmless another 2arty in the
event the other art is (a) sole l liable, or (b) jointly
liable, which_ liability is determined to be a greater
ercenta a than the indemnifying art (s).
8. Warranty Provisions. No warranty of fitness for use or
warranty of any kind or nature shall arise from or out of
the lending of resources under this Agreement; provided,
however, that any warranties from the maker, manufacturer or
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seller shall be unimpaired by this Agreement and to the
extent permitted by contract and law shall flow to the
ultimate user/consumer of the resources. The parties hereto
specifically assign any warranty right arising with respect
to any resource to the Party using or consuming the
resources.
9. Nonseverable. In the event that any provision of this
agreement shall be held to be unenforceable, this agreement
shall be immediately void and at an end. The provisions of
this agreement are inter -related and shall be read and
enforced as a whole.
10. Termination. Any said party may terminate this greement at
any time for any reason. Termination of the agreement shall
in no way suspend obligations to return loaned resources or
to replace or compensate for consumed resources. Written
notice directed to the Chief of the Police Department at his
notice address shall operate to terminate this Agreement
three (3) days from the date fo mailing.
11. Notice Address. All notice given under this Agreement shall
be given at the following address:
Chief Loren Watson
Mountlake Terrace Police Department
5803 232nd St. S.W.
Mountalke Terrace, Washington 98043
Chief Dan Prinz
Edmonds Police Department
Edmonds Civic Center
Edmonds, Washington 98020
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Chief John Paddock
Lynnwood Police Department
19100 44th West
Lynnwood, Washington 98036
Chief Jim Palmer
Brier Police Department
2901 228th S. W.
Brier, Washington 98036
THIS AGREEMENT is executed this /3 day of , 1985.
CITY OF MOUNTLAKE TERRACE
ATTEST/AUTHENTICATED:
MOUN AKY TERRACE CITY CLERK
APPROVED AS TO FORM:
OFFICE OF T IT ATTORNEY
By
CITY OF LYNNKOOD
By
ATVEW.IMTH ENT ICATED:
LYNNW0e1A. CITY' CLERK
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By le6rlj
CITY OF EDMONDS
By
ATTEST/AUTHENTICATED:
4�DMONDS CITY CIERK
APPROVED AS TO FORM:
OFFICE OF Tg CITY ATTORNEY
By I I V V y'
CITY OF BRIER
By
ATTE /AUTHENTICATED:
BRIER CITY CLERK
APPROVED EFFECTIVE JANUARY 1986
APPROVED AS TO FORM:
OFFICE Qk/DHE CITY ATTORNEY
By
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